Work Session Agenda Staunton City Council Robert E. Lee High

Work Session Agenda
Staunton City Council
Robert E. Lee High School Auditorium
1200 N. Coalter St., Staunton, Virginia
August 28, 2014
6:30 p.m.
Invocation/Moment of Silence—Oakes
6:30 p.m.
1.
Discussion of 2015 Legislative Program
6:40 p.m.
2.
Closed meeting for discussion of the disposition of
publicly held real property, where discussion in an
open meeting would adversely affect the bargaining
position or negotiating strategy of the public body,
pursuant to Virginia Code § 2.2-3711(A)(3)
7:15 p.m.
Break
Regular Meeting Agenda
Staunton City Council
Robert E. Lee High School Auditorium
1200 N. Coalter St., Staunton, Virginia
August 28, 2014
7:30 p.m.
Call to Order
Pledge of Allegiance
Mayor’s Report
Additional Items by Members of Council
Approval of Minutes
Work Session and Regular Meeting of August 14, 2014
REGULAR MEETING
A.
Public Hearing and Consideration of a Special Use Permit Request
by the Staunton Bell Creek Property Owners Association for a
Revision to Covenants, Conditions and Restrictions for Bell Creek
Subdivision
B.
Public Hearing and Consideration of a Request by Nathan McLamb
to Rezone 805 Springhill Road (Parcel #4946), from B-1, Local
Business, to R-2, Low Density Residential
C.
Presentation by Dominion Virginia Power on Southeast Reliability
Project
Matters from the City Manager
Matters from the Public
Adjournment
CITY COUNCIL
AGENDA BRIEFING
Staunton, VA
Meeting Date:
August 28, 2014
Item #
1
Staff Member:
Steve Owen
Ordinance #
Department:
City Manager
Subject:
2015 Legislative Program
Background: Each year, City Council adopts the City’s legislative program, which is transmitted
to the Governor, local General Assembly members, the Virginia Municipal League, the Virginia
Association of Counties and Virginia First Cities.
As the City Manager’s Office begins preparation of a draft 2015 Legislative Program, staff would
like to afford City Council an opportunity to identify issues of interest for possible inclusion in the
program. A draft resolution setting forth the 2015 program, based on input from Council
members and the management team, will be presented to Council at a later date.
As a starting point for Council’s discussion during its work session, the final 2014 Legislative
Program is attached for reference.
City Manager’s Recommendation: Discuss the 2015 Legislative Program.
Suggested Motion: Not applicable.
City Manager: Stephen F. Owen
RESOLUTION ESTABLISHING THE
CITY OF STAUNTON’S
2014 LEGISLATIVE PROGRAM
The Mayor and City Council of the City of Staunton, Virginia, governing from a position
closest to the City’s citizens and desiring to make City government more responsive to
Staunton citizens, believe it is important to advise the City’s representatives in the
Virginia General Assembly of the City’s legislative positions.
THEREFORE, BE IT RESOLVED by the Council of the City of Staunton that the
legislative principles adopted by the Virginia Municipal League (VML) are hereby
endorsed:
The Governor and General Assembly should not:





Restrict further local revenue authority or sources.
Impose new funding requirements or expand existing ones on services
delivered by local governments.
Shift state funding responsibilities onto local governments.
Impose state fees, taxes or surcharges on local government services.
Place additional unfunded mandates and other administrative burdens on
local governments
BE IT FURTHER RESOLVED that City Council respectfully requests that the General
Assembly support legislation regarding the following issues:
1. Education
a. The State should fully fund K-12 education.
b. City Council joins the Staunton City School Board in requesting
that the General Assembly reexamine and improve the system
of accountability to encompass balanced assessments, greater
validity, more cost effective sampling techniques, and expedited
test retakes to more accurately reflect student achievement,
sense of inquiry, and love of learning.
c. City Council also joins the Staunton City School Board in
supporting the lawsuit brought forth by the Virginia School
Boards Association and the Norfolk City School Board to
declare the 2013 Opportunity Educational Institution (OEI)
legislation unconstitutional and to enjoin the OEI Board from
taking any action to implement the legislation.
2. Transportation
a. Virginia First Cities spent $76 million more than state street
maintenance payments provided in FY 2011. City and town
streets are a vital part of the regional transportation network.
They are more costly to maintain due to heavy use, age, and the
need to accommodate pedestrian, bus, auto and truck service
and complex adjacent utilities. City Council joins Virginia First
Cities in requesting that the General Assembly:

Adequately fund city and town street maintenance by
increasing lane mileage rates.
The General Assembly
increased these rates for Henrico County in 2012, but city
and town rates have not changed for many years.

Make all lane miles eligible for street maintenance payments
to be consistent with state policies for Henrico County and
Arlington County streets.

Make primary roads in cities and towns eligible for state
primary funds.
These roads are technically primary
“extensions.”
Legislation passed in 2012 inadvertently
excluded this vital part of the primary road network from this
key funding stream.

Restore the Urban Road Funding Allocations.

Support improvements to the Public-Private Transportation
Act to increase transparency and local input.
b. City Council supports improvements to railroad infrastructure to
increase freight shipment capacity and reduce truck traffic and
impacts on Interstate 81.
c. City Council supports a Primary Seatbelt Law, which research and
other states’ experiences have proven will save lives.
The
Commonwealth is currently forgoing $16.5 million in federal funds by
not having such a law.
d. City Council supports a ban on handheld cell phone use by operators
of moving motor vehicles.
e. City Council supports the use of non-motorized transportation for
health, energy conservation and cost reasons for all Virginians,
including trails, pathways and green corridors as an essential
element of Virginia’s transportation system.
2
3. Predatory Lending
The City of Staunton has been joined in its four year long fight against
predatory lending by VML, Virginia Association of Counties, and Virginia
First Cities, as well as 98 individual city, town and county governments.
Despite the efforts of countless civil rights organizations, hundreds of
churches, and dozens of newspaper editorial boards, legal aid societies
and senior advocates, the protection the City seeks for its citizens is
ignored. In spite of a Virginia Supreme Court ruling that called these
practices “a vicious cycle of debt” and produced evidence that an
estimated 9 million illegal loans had been made in the Commonwealth
between 2002 and 2009, The General Assembly refuses to act to
provide protections to Virginia families that the U.S. Government
provides for military members and their families.
The cost to the Commonwealth is staggering. The capital flight from
Virginia is estimated to be over $150 million every year. Allowing
lenders to charge fees and interest amounting to 200%-680% APR is
crippling the efforts of charities and social services trying to get people
back on their feet. The damage to the economic recovery of Virginia is
incalculable.
City Council asks now for three things:
 A return to the usury law (36% interest rate cap inclusive of all
fees) that Virginia had prior to 2002.
 Vigorous enforcement of the ban on illegal internet loans by the
Attorney General.
 If the Senate and the House refuse to act, swift approval by the
General Assembly of a statewide referendum on an interest rate cap.
4. Community Gardening
City Council requests that the Code of Virginia be amended to allow
for the partial abatement of real estate taxes assessed against land
made available to the general public for the establishment of a
community garden.
5. Unfunded Pension Liability
City Council requests that the General Assembly fully fund
and share in the annual financial reporting of the unfunded Virginia
Retirement System (VRS) pension liability for teachers that the
state created by funding the liability below the level recommended
by VRS actuarial advisors. Council is very concerned that its bond
rating will be affected by new accounting standards that require the
reporting of this unfunded liability.
3
6. Water Infrastructure
City Council supports Virginia First Cities’ request for state funding
in the amount of $50 million in FY 2015 for the Stormwater Local
Assistance Fund, to continue improvements for the installation of
effective stormwater controls on urban lands to reduce the flow of
excess nutrients and sediment to local streams, rivers and the
Chesapeake Bay.
7. Libraries
a. City Council joins the Virginia Library Association (VLA) in
supporting increased state funding for public libraries through
the “New Age, New Library” plan to meet the needs of 21st
century library users in Virginia.
b. City Council also joins the VLA in its support of strengthening
the Library of Virginia’s financial foundation.
8. Youth
a. Childhood Obesity—Public recreation and parks programs have
been providing healthy activities for nearly a century. These existing
programs are capable of effecting positive change in lifestyles of
young people. City Council encourages state efforts to improve the
availability and coordination of existing local and state efforts to
address the epidemic of obesity.
b. Temporary Assistance of Needy Families (TANF)—City Council
supports a return to pre-stimulus TANF funding levels.
c. Youth Programs—City Council requests that the Commonwealth
promote policies that support quality after-school and out-ofschool programing for youth.
d. Substance Abuse—City Council encourages state efforts to
improve the availability and coordination of state and local
substance abuse prevention, intervention and treatment efforts.
9. Social Services
City Council requests an amendment to Virginia Code § 63.2-317 to
clarify that a local department of social services may employ full
time in-house counsel.
4
10. Alcoholic Beverage Control
City Council joins the City of Fredericksburg in requesting an
amendment to Title 4.1 of the Code of Virginia to permit the
Alcoholic Beverage Control Board to issue an alcoholic beverage
license to a commercial or non-profit arts venue that participates in
a community art walk or art open house event that is open to the
public for on-premises wine (five ounces or less) and beer (12
ounces or less) consumption at no charge for up to two such
beverages.
BE IT ALSO RESOLVED that City Council respectfully requests that the General
Assembly oppose the following legislation:
1. Unfunded Mandates
The City thanks the General Assembly for eliminating last year the
costly requirement for cities and counties to return a portion of
state aid to the Commonwealth each year. The elimination of this
mandate is greatly appreciated. However, the number of mandates
on localities continues to increase. Despite the elimination of a
number of other relatively minor mandates over the last couple of
years, the number of mandates on local governments has
increased from 570 in 2009 to 649 today. The Line of Duty Act is
one of the more costly examples of the Commonwealth creating an
unfunded mandate, wherein the premium for the program, which
was created by the state, has been shifted from the state to local
government.
2. BPOL Taxes
BPOL taxes generate $2.2 million a year in the City of Staunton,
which is equivalent to 13 cents on the real estate levy. City Council
joins Virginia First Cities in its opposition to efforts to eliminate
BPOL taxes due to the impact their loss would have on local
revenue, and the substantial increase in real estate or other taxes
that would be required to replace that revenue.
The Clerk of Council shall mail or deliver a copy of this Resolution to the Governor, the
City’s representatives in the General Assembly, other selected members of the General
Assembly and area local governments; to the Virginia Municipal League, Virginia
Association of Counties and Virginia First Cities and other interested persons, as
appropriate.
Adopted this ____ day of ______________, 2013.
5
________________________
Lacy B. King, Jr., Mayor
____________________________
Linda L. Little, Clerk of Council
6
CITY COUNCIL
AGENDA BRIEFING
Staunton, VA
Meeting Date:
August 28, 2014
Item #
2
Staff Member:
Steve Rosenberg
Ordinance #
Department:
City Manager
Subject:
Closed Meeting for Discussion of Potential Disposition
of Publicly Held Property
City Manager’s Recommendation: Move into closed meeting.
Suggested Motion:
Before the closed meeting: I move to enter a closed meeting for discussion or
consideration of information regarding potential disposition of publicly held property
located in the Downtown Service District, where discussion in an open meeting could
adversely affect the bargaining position or negotiating strategy, pursuant to Virginia Code
§ 2.2-3711(A)(3).
Second. Discussion. Vote – Clerk of Council to poll members of Council.
After the closed meeting: I move that Council reconvene in an open meeting and certify
to the best of each member’s knowledge that only lawfully exempted public business
matters were discussed and that only public business matters as identified in the closed
meeting motion were heard, discussed or considered in the meeting.
Second. Discussion. Vote – Clerk of Council to poll members of Council.
City Manager: Stephen F. Owen
MinutesofCityCouncilWorkSession–August14,2014
City Council
WORK SESSION
August 14, 2014
6:30 p.m.
Present: Mayor Dull, Vice Mayor Kier, Council Members Curren, Harrington, Holmes, Oakes
and Obenschain
Mayor Dull called the work session to order. The invocation/moment of silence was given by
Councilman Holmes.
1.
Discussion of a Contribution Agreement between the City of Staunton, Virginia and
the Economic Development Authority of the City of Staunton, Virginia, concerning
FY 13-14 Staunton Enterprise Zone Grants
Mr. Hamilton, Director of Economic Development, stated that under the City enterprise zone
ordinance (Chapter 3.45 of the City Code), eligible businesses and property owners in the
Staunton Enterprise Zone may submit applications each year in order to qualify for and receive
various grants available to them under the ordinance. Applications are submitted to the
Department of Economic Development, which administers the enterprise zone program. The
department is finalizing action on six grant applications for the FY2014 enterprise zone grant
cycle, based on activities of grant applicants during calendar year 2013. Applicants include
Cadence, Carded Graphics, Tease, Virtually Sisters, Harmony Moon and High Hopes
Productions. The total amount of the grants is not anticipated to exceed $101,000 in the
aggregate, determined in accordance with previously executed grant agreements.
The ordinance states that the grants will be made available “from the [economic development
authority (EDA)] of the City of Staunton to the extent not inconsistent with the terms of a
contribution agreement to be entered into between the EDA and the city[.]”
This will be item A on the regular agenda.
2. Update on Tourism Market Research Project.
Ms. Wagner, Director of Tourism, stated that the department previously received a $50,000 grant
through the Virginia Tourism Corporation’s Marketing Leverage Program. The grant will help
the city pay for new primary market research of Staunton’s visitor market, as well as support the
city’s tourism marketing campaign and purchase of print and online advertising placements in
key target areas. She indicated that Young Strategies, Inc. was the firm selected through a
competitive bid process to complete the market research project for the City.
Ms. Wagner introduced Berkeley Young who presented Council with some background on his
company and an update on the progress of the project.
1
MinutesofCityCouncilWorkSession–August14,2014
3.
2
Discussion of Mayoral Terms and Elections.
Ms. Oakes stated that she and Dr. Curren would like for Council to consider a rotation for Mayor
and Vice Mayor on a yearly basis in order to avoid the position of Mayor becoming entrenched.
She noted that all members of Council are duly elected and the position of Mayor is appointed,
giving each member a chance of becoming mayor.
Dr. Curren stated the city has had some very good mayors in the past that have served for several
years, but believes that each individual brings a different perspective and knows different people
in the community and would give everyone in the city a chance to be represented by the mayor.
After discussion, it was the consensus of Council to not pursue this further.
The work session adjourned at 7:25 p.m.
__________________________________
Linda L. Little, Clerk of Council
Minutes of Staunton City Council Meeting
August 14, 2014
Page No. 1
REGULAR MEETING OF STAUNTON CITY COUNCIL
Thursday, August 14, 2014
7:30 p.m.
Council Chambers
PRESENT:
Carolyn W. Dull, Mayor
Ophie A. Kier, Vice Mayor
Erik D. Curren
James J. Harrington
R. Terry Holmes
Andrea W. Oakes
Walter J. Obenschain
ABSENT:
ALSO PRESENT:
Stephen F. Owen, City Manager
Steven L. Rosenberg, Deputy City Manager
Douglas L. Guynn, City Attorney
Linda Little, Clerk of Council
Mayor Dull called the meeting to order. The Pledge of Allegiance was recited in unison.
MAYOR’S REPORT
The Mayor had nothing to report.
ADDITIONAL ITEMS BY COUNCIL
Dr. Curren stated that he would like the public to know that Dominion Virginia Power will make
a presentation before Staunton City Council at the next Council meeting. He stated that he would
encourage members of the public who have questions to submit them to council members to
consider asking the representatives of Dominion Virginia Power at that meeting.
Vice Mayor Kier thanked Dr. Curren for pushing this issue. He further stated that he has been
called out to participate in the ice challenge for donations to ALS and will be doing so on
Sunday.
APPROVAL OF MINUTES
Mrs. Oakes moved to approve the minutes of the work session and regular meeting of July 24,
2014. The motion was seconded by Mr. Holmes and carried as follows, with Dr. Harrington
abstaining due to his absence at that meeting.
Vice Mayor Kier
Mayor Dull
Dr. Curren
aye
aye
aye
Mr. Obenschain
Mr. Holmes
Ms. Oakes
aye
aye
aye
Minutes of Staunton City Council Meeting
August 14, 2014
Page No. 2
REGULAR MEETING
A.
Discussion of a Contribution Agreement between the City of Staunton, Virginia and
the Economic Development Authority of the City of Staunton, Virginia concerning
FY 13-14 Staunton Enterprise Zone Grants
Mr. Hamilton, Director of Economic Development, stated that before Council was the annual
Contribution Agreement that applies to the Staunton Enterprise Zone. He noted that the
Staunton Enterprise Zone was actually created in 1990, with the first zone expiring in 2009. He
stated that the city immediately qualified for a second zone beginning in 2010.
Mr. Hamilton stated that the Enterprise Zone covers approximately 600 acres of the city, and
Council offers local incentives to encourage business development that supplement the statewide incentives that are available in all enterprise zones across the state. He indicated that there
are several different incentives and each year companies within the city which are able to qualify
can apply for these incentives and this year there are seven different documented grants to six
different companies. He stated that the total amount requested at this point is $42,593.39, which
is within the budgeted amount.
Mr. Hamilton noted that before Council tonight was a request to authorize the City Manager to
execute the Contribution Agreement with the Economic Development Authority.
The Mayor noted that this was Mr. Hamilton’s last meeting before City Council as the Director
of Economic Development for the City of Staunton. Members of Council recognized Mr.
Hamilton for his years of service and his impact on the development of Staunton.
Dr. Curren moved that City Council approve the Contribution Agreement and the City Manager
be authorized to execute the agreement with such modifications and in final form as approved by
the City Manager and City Attorney, in connection with the disbursement of grants in an
aggregate amount not to exceed $101,000.
Seconded by Dr. Harrington, the motion carried unanimously as follows:
Dr. Harrington
Dr. Curren
Mr. Obenschain
Mr. Holmes
aye
aye
aye
aye
Ms. Oakes
Vice Mayor Kier
Mayor Dull
aye
aye
aye
Matters from the City Manager
The City Manager thanked Mr. Hamilton for his years of service to the City over the last 26
years.
Matters from the Public
Baldwin Jennings, 332 Sharon Lane, asked if the presentation by Dominion Virginia Power
would be at the next City Council meeting. He indicated that he was in favor of the proposed
pipeline.
Minutes of Staunton City Council Meeting
August 14, 2014
Page No. 3
Carl Hensley, 226 Meadowbrook Road, stated that at the last meeting he asked about who was
paying for the immigrant children being placed in this area. He indicated that he has found out
that the citizens of this area are paying a portion of the expense.
Closed Meeting for Discussion of Potential Disposition of Publicly Held Property
Ms. Oakes moved to enter a closed meeting for discussion or consideration of information
regarding potential disposition of publicly held property located in the Downtown Service
District, where discussion in an open meeting could adversely affect the bargaining position or
negotiating strategy, pursuant to Virginia Code § 2.2-3711(A)(3).
Seconded by Dr. Harrington, the motion carried unanimously as follows:
Dr. Curren
Mr. Obenschain
Mr. Holmes
Ms. Oakes
aye
aye
aye
aye
Vice Mayor Kier
Mayor Dull
Dr. Harrington
aye
aye
aye
Dr. Curren moved that Council reconvene in an open meeting and certify to the best of each
member’s knowledge that only lawfully exempted public business matters were discussed and
that only public business matters as identified in the closed meeting motion were heard,
discussed or considered in the meeting.
Seconded by Dr. Harrington, the motion carried unanimously as follows:
Mr. Obenschain
Mr. Holmes
Ms. Oakes
Vice Mayor Kier
aye
aye
aye
aye
Mayor Dull
Dr. Harrington
Dr. Curren
aye
aye
aye
Adjournment
There being no further business to come before Council, the meeting adjourned at 8:44 p.m.
______________________________
Linda L. Little, Clerk of Council
AGENDA BRIEFING
CITY COUNCIL
Staunton, VA
Meeting Date:
Item #
August 28, 2014
A
Staff Members:
Sharon Angle
Tim Hartless
Ordinance #
Department:
Planning and Inspections
Subject:
Public Hearing and Consideration of a Special Use
Permit Request by the Staunton Bell Creek Property
Owners Association for a Revision to Covenants,
Conditions and Restrictions for Bell Creek Subdivision
Background: Darrell Marshall, of Marshall Construction, received City Council approval for a
Special Use Permit to develop the Bell Creek Planned Residential Development in October
2004. This subdivision is comprised of 35 acres of land located off of Churchville Avenue
(location map attached) and is zoned R-2, Low Density Residential. The total number of units
proposed is 128 single family dwellings. Two phases of the subdivision have received final plat
approval.
The Staunton Bell Creek Property Owners Association is now requesting an amendment
(attached) to the existing Special Use Permit for the following changes to the “Declaration of
Covenants, Conditions and Restrictions for Bell Creek Subdivision” to amend Article II, Section
3.06 A 3 “Basis and Maximum of Annual Community Assessments” to read as follows (changes
shown in italics):
The annual Community Assessments shall be made on the basis of
a fiscal year beginning January 1 and ending December 31. The
maximum annual Community Assessment on each improved lot
(improved by a completed residential structure for which a certificate
of occupancy permit has been issued by the City of Staunton,
Virginia) shall be $150.00 per year. The maximum annual
Community Assessment on each recorded unimproved lot shall be at
all times fifty percent (50%) of the maximum annual Community
Assessment on improved lots. There is no assessment for lots
shown on the Master Plan but not created by the recordation of a
subdivision plat. For each fiscal year beginning January 1, 2006, the
maximum annual Community Assessment may be increased by up
to twelve percent (12%) per year of the prior year’s annual
Community Assessment by the Board of Directors of the Association,
without a vote of the Members, which Board of Directors may fix
such annual increase after due consideration of current and
anticipated costs, appropriate depletion allowances, reserve funds,
and other needs of the Association. Any increase requested by the
Board of Directors in the annual Community Assessment that
exceeds the annual twelve percent (12%) increase over the prior
fiscal year’s assessment must be approved by a majority of a
quorum of Members at a meeting of the Association duly called for
this purpose.
As required, the proposed change has been endorsed by the Homeowners Association and
must now be approved by City Council through the Special Use Permit process. Staff had no
comments on the proposal and recommended approval as presented. At the Planning
Commission public hearing, no one spoke in opposition to the request; however, Commissioner
Robinson noted that her review of the legal records showed that the change needed to be
certified by the President of the Homeowners Association and the documents provided indicate
that the Vice President made the certification. The Commission voted unanimously to
recommend approval of the Special Use Permit provided that amended documents are provided
to the Director of Planning prior to the City Council public hearing.
City Manager’s Recommendation: Conduct the public hearing.
accept the recommendation of the Planning Commission.
Recommend City Council
Suggested Motion (to be made after the public hearing is conducted): I move that City
Council approve an amendment to the existing Special Use Permit to amend the Covenants,
Conditions and Restrictions for Bell Creek Subdivision, as recommended by the Planning
Commission.
City Manager: Stephen F. Owen
APPLICATION FOR
SPECIALUSE PERMIT
NAME OF APPLICANT:
ADDRESS OF APPLICANT:
PHONE#:
59o
O{J, CQrrl
SIGNATURE:
IF APPLICANT IS NOTTHE OWNER OF THE PROPERTY IN QUESTION, EXPLAIN. A
COPY OF A PENDING CONTRACT OR OPTION AGREEMENT MUST BE ATTACHED
HERETO AND MADE A PART OF THIS APPLICATION.
LOCATION OF PROPERTY:
MAP PROVTDED:
YES
NO t/
SITE PLAN PROVIDED: YES
NO
FEE PAID:
YES vz
NO
PRESENT ZONING OF THE PROPERTY:
APPLICABLE SECTION OF ZONING CODE STATING USE IS PERMITTED ON
REVIEW:
ARE PUBLIC UTILITIES AVAILABLE AND ADEQUATE FOR PROPOSED USE? IF NO,
EXPLAIN HOW UTILITIES WILL BE PROVIDED:
LEGAL DESCRIPTION OF PROPERTY:
\s t\-#'+o
DETAILED DESCRIPTION OF PROPOSED USE (DRAWINGS MUST BE INCLUDED IF
NEW CONSTRUCTION, ADDITIONS, OR CHANGES TO THE EXTERIOR OF THE
PROPERTY ARE PROPOSED).
Bell Creek, Staunton, VA -- Annual Meeting Member Minutes
Meeting held on October 2, zot)
Page one ofthree
PreseDL
'I-raci & l)arrell Marshall;
John Bowers; Wandg & Ron Saufley; Bill & Nancy Dr-rke; Dave & Caroline Miller; Bob & Debbie Brown;
Art & I(atherine Morgan Inewcomers]; Bruce Coodman;Jim & Phyllis l]rown; Lois McClure
Alneuncement:
John Bowers said that Mr. Dunsmore was unable to attend due to a dire medical ernergency regarding his mother. John said
that this is a very difficult time for the Dunsmore family.
Qlc Busrncss/Aetisr
-
zerz annual meeting minutes read. Nancy Duke motion to approve. Second from Caroline Miller.
-
zotz Treasury report distributed in hardcopy. Caroline Miller motion to approve. Second from Lois McClure.
- Norninations for new officers. Traci Marshall said that she has been both the Secretary and Treasurer for five years and needs
a replacement. She verbally provided general iob descriptions for the Officers' positions. Caroline Miller offered to pay for
photocopying. I(atherine Morgan volunteered to take the Secletary job for a year. Traci said that a one-year term could be
worked out but that the officers' terms are two years. I(atherine asked about e-mailing the minutes and the other community
comntunications and all agreed to this procedure even if all the homeowner/property owner email addresses aren't known at
this time. The group discussed the challenges to finding willing volunteers. I(atherine Morgan said that if we're unwilling to
volunteer [or the assorted positions, r.r'e'd need to pay a management company.
New officers 2or3-zor4 as follows:
President
Caroline Miller
Vice President
Darrell Marshall
Secretary
Katherine Morgan
'l'reasurer
'fraci Marshall agreed to take for one more year
- Agreed that common
areas are looking very good.
-
Discussion about the fences that are still missing from some lots. A question was raised about how rnuch a fence might cost.
Darrell said that 'typical' fencing would be a 5o' lot without a dliveway, that its cost \vould be roughly $rzoo. Many individuals
expressed concerns that fencing hasn't yet been installed in front of the "P.J."-built homes. Questions were raised about holding
Bell Clreek builders accountable for providing the fencing and why the city didn't include specific legal requirements for the
conformiry of Bell Creek's fencing, mailboxes, street lights. Darrell said that the city was only interested in having a 'high
density' subdivision. Jim Brown asked about the requirements to amend the covenants to make these provisions legally binding.
Jim said that without aesthetic conformity, Bell Creek properties could become devalued. He said that early investors bought
lots at $6o,ooo and subsequently built a $2oo,ooo house on the lot. Now some Bell Creek lots sell for $z5,ooo and have a
$roo,ooo house on them. Discussion about the need for antidotes to this downward direction. Someone observed that lawyer
Phil Miller would charge a legal fee for changes to the covenants, and that the Ciry Council would also need to approve any
chanqes to the covenants. John Bowers said that City Council approvals shouldn't be a problem. Someone else commented that
that legal fee would be far less than the cost of property devaluation. Darrell Marshall said that Phil Miller flawyer] spoke about
the'interpretation'of covenants and that the law isn't going to say that one house is better than another. When asked about
Phil Miller's fees, Darrell Marshall said that "Phil is reasonable" and that he would find out Phil Miller's fee for these specific
changes to the covenants. Mr. Marshall also mentioned that there are 75 more lots irr Bell Creek.
-
Discussion about mailbox conformity. Stated that if the homeowner prefers a mailbox instead of a P.O. box, the mailbox
needs to conform with the appearance of the large mailboxes in Bell Creek.
(continued)
Bell Creek Annual Mermber Meeting Minutes zorj
October 2,2or3
Page Two
-
Someone said that there's a new resident at u3 Bell Creek named Christopher IDrake?]
Budeet & maintenance discussion
zor4 income for the community is projected to be s485o. Expenses totaled $457g.3o plus an additional $3oo for the sign. The
final Profit/Loss Budget Overuiew for January through December zor4 is a loss of $29.3o. To raise funds, it was suggested that
assessments for lots and developed properties be the same. Darrell said he would not approve an equal assessment for houses
and lots.
Darrell Marshall motioned that assessments should be raised as follows:
Annual assessrnent lbr improved lot = $r5o
Annual assessment for unimproved lot = $75
Unimproved lot assessments should be 5o%o of improved lot assessments
John Bowers seconded this motion and said that this revised amount of income would provide a slush fund for the community's
needs. The motion was passed unanirnously. There are currently 52 assessments for improved and unimproved lots.
It was agreed that Mike is doing an excellent job with the common-area maintenance. INancy said to anyone interested that
Mike cor-rld use more work, and that he's also builder.] s396o was paid for maintenance in zorz which probably wouldn't be
higher since there were' 19 mowings in zorz which began in early March. The zor3 mowing started in mid-April. Traci said that
the sign balance is $6oo.oo.
1'he budget will be revised to reflect the new assessments and $25 increase.
Regalding maintenance near the gazebo, John Bowers said that the shrubs need trimming and tree suckers need proper
removal. I{e said that the community could do tl'ris work collectively on a Saturday -. or else pay $roo to have it done. We could
use electricity from the model home. Someone mentioned that the fence needs cleaning, too.
Discussion about reaching the owners for the assessment notices and about finding out the property owners'email addresses.
ohn Bowers said he rvould get the assessrnents to Melvin Sweeney and PJ. Discussion about having a Bell Creek picnic.
f
Accomp.rnying these minutes is a second reminder notice of the need for covenant compliance within Bell Creek. The issues
referenced were listed in a previous notice to ,the Bell Creek Property Owners Association.
y submitted,
lrs4,\Note: Please provide any corrections to these minutes to the new Secretary, I(atherine Morgan,
(continued)
at: onewriterz@gmail.com.
'
Addendurn to BellCreek Annual Member Meeting Minutes 201-3
October 2,20L3
Page Three
Staunton Bell Creek Property Owners Association
HOMEOWNER NOTTCE dated iune 25,20'13
1.
Please keep alltrash, debris and other items not associated with the improvement of the exteriorappearance of
the home, stored appropriately. [See Article 1 "Maintenance of Lots"]
2.
Please keep all trash receptacles where they are not visible from any lot or street within the development at any
time except during refuse collection. [See Article 1 "Trash/HVAC"]
3.
In consideration of all neighbors, please properly dispose of pet waste immediately. lf left uncared for it can expel
an unpleasant odor and become a nuisance,to other residents. [See Article 1 "Animals"]
4.
All toys, bicycles, tricycles, motorcycles, mopeds, and such other similar items shall be removed each evening to an
area not exposed to view from any street. [See Section lV "Other Requirements"]
5.
No clothing, laundry or wash shall be aired or dried on the exterior of any home.
6.
Please be sure to email your names and email addresses
to Nancy Duke at n-bduke(Ocomcast.net. These addresses
are needed for the sending of Property Owner Association communications, information, notices and assessments as
needed or required.
Additional items of importance:
-
As you may know, BellCreek is a part of
the Neighborhood Watch Program through the Staunton Police
Department. lf you would like to be includerl in email notifications that affect our neighborhood and localarea, please
contact Nancy Duke, Board Member, at n-bduke@comcast.net. Nancy will forward your email address to the Staunton
Police Dept. to be put on Neighborhood Watch Program distribution email list.
-
Please be reminded that the 25mph speed limit within the subdivision has been implemented for our safety,
including the safety of children playing outdpors. Due to the hills and blind spots within the subdivision, it is often difficult
to see oncoming traffic. For the safety of alllconcerned, please drive carefully.
Further contact information: Staunton Bell Creek Property Owners Association, 2021 W. Beverly St., Staunton, VA 24401
Phone: (540) 887-8337
PINs:
L1788,1t762, Lt787, L7763, 77786, !L764,1.L795, L7765, Lr7g4, L7766,7!793, t1767,7L792,7L76g,
77787,L7769,7t770,7177L,t2089,12088, L209O,1,2097,12099,12096, r209L,72095,12092,L20g4,
12093,12352, L2094,12095, 72096,72097,9397, 72ogg, rL772, rt7go, 7L773, L1779,7L774, t777g,
1,1775, rL777 , 1.L776,12083, r208t,12080, 72079, L2079, 72077 , t2076, 12075, t235L, 7!799, 12074,
t2073
Bell Creek Subdivision
Amendment to
Declaration of Covenants, Conditions and Restrictions
Recitals:
A.
All lots in Bell Creek Subdivision, Staunton, Virginia, are subject to the provisions set forth in
the Declaration of Covenants, Conditions and Restrictions recorded November 15, 2005, as
Instrument No. 050005153 in the Clerk's Office of the Circuit Court of the City of Staunton,
Virginia.
B.
These restrictions may be amended as set forth in said Instrument as follows:
4.04 Amendments. This Declaration may be amended in whole or in part, with approvalof
City Council of the City of Staunton, Virginia, and by a majority vote of the Homeowners
Association. The President of Bell Creek Property Owners Association, Inc. shall sign an
instrument and have it recorded in the Clerk's Office of the Circuit Court of the City of
Staunton, Virginia, reciting the amendment/s.
c.
The staunton Bell creek Property owners Association, Inc., (the "poA"l adopted, by
majority vote, a resolution to amend the Covenants, Conditions and Restrictions at the
annual meeting of the PoA held on october 2,2oL3, in the following respects:
a. Annual assessment for improved lot is 5150
b. Unimproved lot assessments should be 5o% of improved lot assessments
D.
The amendments to the Covenants, Conditions and Restrictions were approved by Staunton
City Council at a regular called meeting held on
lN CONSIDERATION WHEREOF, the Covenants, Conditions and Restrictions of Bell Creek
Subdivision are hereby amended as follows:
Article lll Section 3.06 A 3 shall be amended to read as follows:
Basis and Maximum of Annual
community Assessments. The annual community
Assessments shall be made on the basis of a fiscal year beginning January 1 and ending
December 31. The maximum annual Community Assessment on each improved Lot
(improved by a completed residential structure for which a certificate of occupancy permit
has been issued by the City of Staunton, Virginia) shall be S15O.OO per year. The maximum
annual Community Assessment on each recorded unimproved Lot shall be at all times fifty
percent (5O%l of the maximum annual Community Assessment on improved [ots. There is
no assessment for lots shown on the Master Plan but not created by the recordation of a
subdivision plat. For each fiscal year beginning January t,2006, the maximum annual
Community Assessment may be increased by up to twelve percent (L2%l per year of the
prior year's annual Community Assessment by the Board of Directors of the Association,
without a vote of the Members, which Board of Directors may fix such annual increase after
due consideration of current and anticipated costs, appropriate depletion allowances,
reserve funds, and other needs ofthe Association. Any increase requested by the Board of
Directors in the annual Community Assessment that exceeds the annual twelve percent
(12%) increase over the prior fiscal year's assessment must be approved by a majority of a
quorum of Members at a meeting of the Association duly called for this purpose.
Witness the following signature and seal,
Staunton Bell Creek Property Owners Association, Inc.
By:
STATE OF VIRGINIA
AT LARGE:
the City of Staunton, Virginia, this
Darrell
Marshall, Vice President of
by
,20L4,
,The foregoing instrument was acknowledged before me in
day of
5qr?
//
Staunton Bell Creek Property Owners Association,
JOHN DAVID HARDY
NOTAFIY PUBLIC
COMMONWEALTH OF VIRGINIA
COMMISSION * 167696
These amendments to the Restrictions are approved by the City of Staunton.
City of Staunton
By:
Stephen F. Owen, City Manager
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3
CITY COUNCIL
AGENDA BRIEFING
Staunton, VA
Meeting Date:
August 28, 2014
Staff Members:
Item #
B
Sharon E. Angle
Tim Hartless
Ordinance #
Department:
Planning and Inspections
Subject:
Public Hearing and Consideration of a Request by
Nathan McLamb to Rezone 805 Springhill Road (Parcel
#4946), from B-1, Local Business, to R-2, Low Density
Residential
Background: Mr. Nathan McLamb is requesting the rezoning of 805 Springhill Road from B-1,
Local Business District, to R-2, Low Density Residential; the application, an ordinance of
rezoning, a location map and a zoning map of the requested area are attached. The property is
located north of Churchville Avenue, in the first block of Springhill Road, and includes a single
family residence as the primary structure. The lot size and placement are typical of other
houses in the neighborhood with a small lot (.16 acres). No staff comments were submitted
detracting from the proposal.
Adjacent zoning on Springhill Road is B-1, Local Business District, and B-1, Conditional.
Zoning on the adjacent residential property to the rear of this location is R-2, Low Density
Residential. The “Generalized Land Use and Development Guide,” included in the Staunton,
Virginia Comprehensive Plan 2010 – 2030, designates the property as Low Density Residential
with a maximum density of 1 to 5 units per acre. In addition, the house is included in the group
of legally non-conforming residential properties along and adjacent to Springhill Road
recommended for rezoning from business use to residential in the Comprehensive Plan.
At the Planning Commission public hearing, no one spoke in opposition to this request.
Planning Commission, based on the compliance of the request with the Comprehensive Plan
and consistency with good zoning practice, recommended approval of the proposed rezoning of
805 Springhill Road, from B-1, Local Business District, to R-2, Low Density Residential District.
City Manager’s Recommendation: Conduct the public hearing. Recommend City Council
accept the recommendation of the Planning Commission.
Suggested Motion (to be made after the public hearing is conducted): I move that City
Council approve the rezoning and adopt the proposed ordinance, as presented.
City Manager: Stephen F. Owen
APPLICATION FOR ZONING
CLAS SIFICAIION CI{ANGEREZONING
APPLICANT NAME: Nathan Mclamb
APPLICANT ADDRESS:
DATE:
Julv 16, 2014
If the applicant
is NOT the owner of the property in question, please explain. A copy of a
pending contract or option agreement shall be attached hereto and made a part of this
application.
Location of the property: 805 Sprinqhill Rd Staunton. Ya 24401
Map Provided:
YES x
NO
Legal description of the property: Dwellino. 1 Familv
Purpose of request: Mv house is on the market and under contract. The deal cannot be completed due
to insurance issues related to the propertv being zoned as business.
Ordinance provided: YES X
NO
Present zoning classification of property:
Requested
zoningclassification:
B1
R2
List permits pending approval of this rezoning:
Fee Paid ($250)
Signature of
YES
applicant:
X
,..--
NO
(-.---
n
{j.! I
ftr
''"
\
d
1 Ordinance No. 2014-19
2 3 4 5 6 7 8 AN ORDINANCE TO REZONE
FROM B-1 LOCAL BUSINESS TO R-2 LOW DENSITY RESIDENTIAL
A PARCEL OF LAND IDENTIFIED AS PARCEL NUMBER 4946,
LOCATED AT 805 SPRINGHILL ROAD
IN THE CITY OF STAUNTON, VIRGINIA
9 10 11 12 13 WHEREAS, Nathan C. McLamb represents that he is the owner of property identified as
PIN 4946, 805 Springhill Road, located on the west side of Springhill Road, situate in the City of
Staunton, Virginia, described as approximately 0.16 acre of land, having acquired the property
by virtue of conveyance as referenced in Instrument Number 030003631, recorded in the Clerk’s
Office of the Circuit Court for the City of Staunton; and
14 15 16 WHEREAS, an application has been made by Nathan C. McLamb to the City of Staunton
for a rezoning classification change from B-1 Local Business to R-2 Low Density Residential;
and
17 18 WHEREAS, the Planning Commission of the City of Staunton has considered the matter
and recommended the proposed rezoning to the Council of the City of Staunton; and
19 20 21 22 23 24 WHEREAS, this matter has been properly advertised, heard and considered.
NOW, THEREFORE, BE IT ORDAINED by the Council for the City of Staunton,
Virginia, that the property located at 805 Springhill Road (PIN 4946), described as
approximately 0.16 acre of land, situate on the west side of Springhill Road, in the City of
Staunton, Virginia, is HEREBY REZONED from B-1 Local Business to R-2 Low Density
Residential.
25 26 27 28 29 30 31 32 33 34 35 Introduced:
Adopted:
Effective:
___________________________
Carolyn W. Dull, Mayor
Attest ___________________________
Linda L. Little, Clerk of Council
9
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LE
CITY COUNCIL
AGENDA BRIEFING
Staunton, VA
Meeting Date:
Item #
August 28, 2014
C
Staff Members:
Steve Owen
Steve Rosenberg
Ordinance #
Department:
City Manager’s Office
Subject:
Dominion Virginia Power/Southeast Reliability Project
Background: At the request of City Council, the City Manager’s Office has invited Dominion
Virginia Power to make a presentation to Council concerning the company’s Southeast
Reliability Project. Representatives of Dominion Virginia Power will share certain details of the
project and entertain questions from members of Council.
City Manager’s Recommendation: Not applicable.
Suggested Motion: Not applicable.
City Manager: Stephen F. Owen