5-28-91 Minutes

A regular meeting of the Council of the City of Bedford, Virginia, was held in the Council Hall of the Municipal Building at 7:30 p.m., May 28, 1991.

Members present: Mayor G. Michael Shelton; Councilman Larry D. Brookshier; Councilwoman Joanne A. Grahame; Councilman Payton M. Otey; Vice Mayor John M. Owen, III; Councilman Ronnie C. Rice; and Councilman James A. Vest.

Members absent: None.

Staff present: City Manager Jack A. Gross; City Attorney W. W. Berry, IV; and Clerk of the Council Teresa W. Hatcher.

Mayor Shelton opened the meeting and led all present in saying the Pledge of Allegiance to the Flag.

Mayor Shelton declared that the minutes of a regular Council meeting held on May 14, 1991, were approved as mailed.

On motion by Councilman Otey, seconded by Councilman Brookshier, voted upon and carried unanimously, the following items were added to the agenda:

Presentation by Library Director Nancy Donahoo - Master Plan for New Library

Executive Session - Personnel, pursuant to Section 2.1- 344(a)(6)

Mayor Shelton stated that he had discussed appointments to the Blue Ribbon Committee for a joint industrial park with the Chairman of the Bedford County Board of Supervisors. The Mayor stated that these appointments will be made at the first meeting in July held by each governing body. The Mayor asked the City/County Relations Committee to begin the process of consideration of names of individuals to serve on this committee; to talk to individuals as to their interest; and come back to Council with a recommended slate of citizens for appointment.

The Mayor stated that the rescheduled dedication of Poplar Park will be held June 2 at 3:00 p.m.

The joint public hearing with the Planning Commission was moved further down on the agenda because of the lack of a quorum of the Planning Commission.

Ms. Nancy Donahoo, Library Director, reviewed the proposed master plan for a new library, which will maintain the Wharton Garden and Wharton House, and build a library facility that will last 15 to 20 years. Ms. Donahoo gave Council copies of a chart that compared present floor area needs with needs in 15 years. She gave Council copies of the proposed budget for A/E Services and a budget cost estimate.

Discussion ensued.

Councilwoman Grahame moved that Council give the Library Director a consensus to go ahead with this master plan based on the square footage of 26,500 ft. The motion was seconded by Councilman Brookshier.

Mayor Shelton asked for a clarification. Councilwoman Grahame stated that this would be the consensus of Council to go with the concept of this master plan (for the new library) based on the square footage the Library Director has mentioned.

The motion was then voted upon and carried unanimously.

Mayor Shelton stated that on May 25 he was presented with petitions on behalf of concerned citizens for the tennis courts at the library. The Mayor said that their position is that if in building the projected new library it is necessary to use the space where the tennis courts are located, then the courts should go.

Discussion ensued regarding the lack of a quorum of the Planning Commission for the purpose of holding the scheduled public hearing. The public hearing was delayed until there was a quorum of the Planning Committee.

The City Manager stated that Council had received copies of a memorandum from Mr. Jimmy English, Director of Community & Economic Development, concerning the preliminary subdivision plat of the Mabel Ballard property on Longwood Avenue, together with a copy of that plat. Mr. Gross reported that the Planning Commission, at its meeting on May 2, 1991, recommended that City Council approve this subdivision plat with certain modifications and additions. The City Manager stated that at this time it would be in order for Council to consider the "preliminary" subdivision plat with the right-of-way variance.

Councilman Brookshier moved that the "preliminary" subdivision plat with the right-of-way variance be approved. The motion was seconded by Councilwoman Grahame.

Councilman Brookshier explained the right-of-way variance, which would be a 50' foot right-of-way, non-maintained, and dedicated to the City for future street development. Councilman Brookshier stated that Mrs. Ballard wants to donate the two houses to those individuals who have lived in the two houses for years. It was stated in the memorandum from Mr. English that the property already existed in a non-conforming developed situation by having two separate single family dwellings on the same lot and that this situation had been further complicated by the old abandoned-for-maintenance public road which would have allowed proper lot frontage.

Councilman Vest expressed concern that this would set a precedent.

Councilman Brookshier stated that the Planning Commission indicated that this would not set a precedent due to the fact that this is such an unusual request and would not have a bearing on any future decisions.

The motion to approve the "preliminary" subdivision plat was then voted upon and carried unanimously.

Further discussion ensued regarding the Planning Commission not having a quorum in order to conduct the public hearing. Council decided to hold its executive session and after the session hold the public hearing if there were a quorum of the Planning Commission.

Councilman Vest moved that Council adjourn into executive session to discuss personnel matters, pursuant to Section 2.1-344(a)(6) of the Code of Virginia of 1950, as amended. The motion was seconded by Councilwoman Grahame, voted upon and carried unanimously by the following roll call vote:

Councilman Brookshier aye

Councilwoman Grahame aye

Councilman Otey aye

Vice Mayor Owen aye

Councilman Rice aye

Councilman Vest aye

Mayor Shelton aye

Council adjourned into executive session at 8:20 p.m. Non-council members attending were: City Attorney Berry.

Council reconvened into open session at 8:50.

The Clerk of Council read aloud the following proposed resolution:

Councilwoman Grahame moved that the resolution be approved as read. The motion was seconded by Councilman Vest, voted upon and carried unanimously by the following roll call vote:

Councilwoman Grahame aye

Councilman Otey aye

Vice Mayor Owen aye

Councilman Rice aye

Councilman Vest aye

Councilman Brookshier aye

Mayor Shelton aye

It was determined that the Planning Commission had a quorum to conduct the public hearing.

The Clerk of Council read aloud the following public hearing notice:

PUBLIC HEARING NOTICE

By the Authority of the Council and the Planning Commission of the City of Bedford.

Mayor Shelton opened the public hearing at 8:53 p.m.

As there were no comments, Mayor Shelton closed the public hearing at 8:54 p.m.

On motion by Planning Commission member John Messier, seconded by Commission member Carl Saunders, voted upon and carried, the Planning Commission recommended that Council approve the amendments to the City of Bedford Land Development Regulations, Article VI, Flood Hazard District, to conform to the Federal Emergency Management Agency guidelines.

The Mayor stated that the proposed ordinance had been properly posted and was before Council for the second time.

On motion by Councilwoman Grahame, seconded by Councilman Vest, voted upon and carried unanimously, Council waived the reading of the ordinance based upon its proper posting before the public.

Councilman Brookshier moved that the ordinance to amend and reenact the Land Development Regulations be approved as posted. The motion was seconded by Councilman Otey voted upon and carried unanimously by the following roll call vote:

Councilman Otey aye

Vice Mayor Owen aye

Councilman Rice aye

Councilman Vest aye

Councilman Brookshier aye

Councilwoman Grahame aye

Mayor Shelton aye

WHEREAS, the City of Bedford has enacted as part of its Land Development Regulations a chapter Regulating Flood Hazard Districts (Existing Section 611) in order to participate in the National Flood Insurance Program; and

WHEREAS, recent changes in the National Flood Insurance Program (NFIP) Rules require the City to amend its existing Floodplain Ordinances in order to remain in compliance with NFIP Rules and in order to qualify the community for the Federal Flood Insurance Program.

Now, therefore, BE IT ORDAINED by the Council of the City of Bedford:

Section 1. Section 611.01 through Section 611.12 of the City of Bedford Land Development Regulations adopted January 26, 1989 are hereby repealed, except those provisions shall still be applicable to permits which were issued pursuant to said Sections prior to the date of enactment of this ordinance.

Section 2. The following new Sections are enacted and added as Chapter 612 Flood Hazard District (FH) of the City of Bedford Land Development Regulations, and said Land Development Regulations are re-enacted so as to include the new Section, which shall read as follows:

The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

These provisions shall apply to all lands within the jurisdiction of Bedford and identified as being in the 100-year floodplain by the Federal Insurance Administration.

A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance.

B. The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that districts outside the floodplain district, or that land uses permitted within such district will be free from flooding or flood damages.

C. This ordinance shall not create liability on the part of the City of Bedford or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

This ordinance supersedes any ordinance currently in effect in flood-prone districts. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this ordinance. This ordinance shall become effective one week after publication in the Bedford Bulletin or after posting at three (3) or more places in the City for one week pursuant to Section 19 of the City Charter.

A. Base-Flood/One-Hundred Year Flood-A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in any year).

B. Base Flood Elevation (BFE) - The Federal Emergency Management Agency designated 100 year water surface elevation (plus one, two or three feet). (THIS ADDITION WILL BE USED ONLY WHEN A COMMUNITY DESIRES TO EXCEED MINIMUM FEDERAL STANDARDS)

C. Board of Zoning Appeals - The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this ordinance.

D. Development - Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

E. Flood - (a) A general and temporary condition of partial or complete inundation of normally dry land areas from (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (i.e.mudflows) which are proximately caused by flooding as defined in paragraph (a) (2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

F. Flood-Prone Area - Any land area susceptible to being inundated by water from any source.

G. Floodplain - (a) A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; (b) an area subject to the unusual and rapid accumulation or runoff of surface water from any source.

H. Floodway - The designated area of the floodplain required to carry and discharge flood waters of a given magnitude. For the purpose of this ordinance, the floodway shall be capable of accommodating a flood of the one hundred (100)-year magnitude.

I. Historic Structure - Any structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior or

(2) Directly by the Secretary of the Interior in states without approved programs.

J. Manufactured Home - A structure subject to Federal Regulations, which is transportable in one ore more sections; is eight body feet or more in width and forty body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single family dwelling, with or without a permanent foundation when connected to the required facilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

K. Manufactured Home Park/Subdivision - A parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.

L. New Construction - For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

M. Recreational Vehicle - A vehicle which is:

(a) built on a single chassis;

(b) 400 square feet or less when measured at the largest horizontal projection;

(c) designed to be self-propelled or permanently towable by a light duty truck; and

(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

N. Start of Construction - The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such a garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

O. Substantial Damage - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

P. Substantial Improvement - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) any alteration of a "historic structure", provided that the alteration will not preclude the structures continued designation as a "historic structure."

A. Basis of Districts

B. Overlay Concept

1. The Floodplain Districts described shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

2. Any conflict between the provisions or requirements of the Floodplain District and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

3. In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

The boundaries of the Floodplain Districts are established as shown on the (Flood Boundary and Floodway Map and/or Flood Insurance Rate Map) which is declared to be a part of this ordinance and which shall be kept on file at the City of Bedford offices.

The delineation of any of the Floodplain Districts may be revised by the Federal Emergency Management Association where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U. S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the Districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.

A. Permit Requirement

B. Alteration or Relocation of Watercourse

Prior to any proposed alteration or relocation of any channels

C. Site Plans and Permit Applications

1. For structure to be elevated, the elevation of the lowest flood (including basement).

2. For structures to be floodproofed (non-residential only), the elevation to which the structure will be floodproofed.

3. The elevation of the one hundred (100)-year flood.

4. Topographic information showing existing and proposed ground elevations.

D. Manufactured Homes

E. Recreational Vehicles

Recreational vehicles placed on sites either:

(i) Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use, or

(ii) Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in paragraph 4.1 D above.

In the Floodway District no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the one hundred (100)-year flood elevation.

The following uses and activities are permitted provided that they are in compliance with the provisions of the underlying area and are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials and equipment:

A. Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

B. Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, horseback riding and hiking trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges,and hunting and fishing areas.

C. Accessory residential uses, such as yard areas, gardens, play areas, and pervious loading areas.

D. Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, etc.

In the Flood-Fringe and Approximated Floodplain Districts the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.

In the Flood-Fringe and Approximated Floodplain Districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying area provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.

Within the Approximately Floodplain District, the applicant shall also delineate a floodway area based on the requirement that all existing and future development not increase the one hundred (100)-year flood elevation more than one foot at any one point. The engineering principle--equal reduction of conveyance-shall be used to make the determination of increased flood heights.

Within the floodway area delineated by the applicant, the provisions of Section 4.2 shall apply.

A. Sanitary Sewer Facilities

B. Water Facilities

C. Drainage Facilities

D. Utilities

E. Streets and Sidewalks

In passing upon applications for Variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors:

The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.

Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.

Variances shall be issued only after the Board of Zoning Appeals has determined that variance will be the minimum required to provide relief from any hardship to the applicant.

The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one hundred (100)-year flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance.

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuances of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to he following conditions:

Section 3. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared to be severable.

Section 4. This Ordinance shall become effective one week after publication in the Bedford Bulletin or after posting at three or more places in the City for one week pursuant to Section 19 of the City Charter.

Mayor Shelton adjourned the meeting at 8:55 p.m.