HomeMy WebLinkAbout8/24/2004 - Regular
623
August 24, 2004
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
August 24, 2004
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of August, 2004.
IN RE: CALL TO ORDER
Chairman Flora called the meeting to order at 3:02 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman Richard C. Flora, Vice-Chairman Michael W.
Altizer, Supervisors Joseph B. “Butch” Church, Joseph
McNamara, Michael A. Wray
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; John M. Chambliss, Assistant County
Administrator; Dan O’Donnell, Assistant County
Administrator; Diane S. Childers, Clerk to the Board; Teresa
Hamilton Hall, Public Information Officer
IN RE: OPENING CEREMONIES
The invocation was given by the Reverend Brent Williams, Colonial
Presbyterian Church. The Pledge of Allegiance was recited by all present.
624
August 24, 2004
INRE:REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Mahoney added a closed meeting pursuant to the Code of Virginia
Section 2.2-3711 A (3), discussion or consideration of the acquisition of real property for
a public purpose, namely park purposes.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Proclamation declaring August 27, 2004 as the fifth annual Hokie
Pride Day in Roanoke County
Chairman Flora presentedthe proclamation to Brian Wilson and Pat
Green.
IN RE: NEW BUSINESS
1. Request to approve resolution authorizing the execution of an
agreement between Roanoke County and Roanoke City relocating
portions of the boundary line between said governmental entities,
and authorizing that certain other actions relating to such
boundary line be taken as provided by law. (Paul M. Mahoney,
County Attorney)
R-082404-1
Mr. Mahoney advised that the Board has taken action on similar items in
the past where Roanoke County has amended, changed, or relocated boundary lines
with neighboring jurisdictions. He stated that boundary line relocations are being
625
August 24, 2004
requested in the following three areas between Roanoke City and Roanoke County: (1)
An approximately 53 acre parcel of real estate known as Vinyard Park II. The Vinyard
family donated a substantial parcel of real estate to Roanoke County, which has been
turned into athletic facilities known as Vinyard Park I (located in the County) and
Vinyard Park II (located in the City). The relocation will place this property in Roanoke
County. (2) Approximately 33 acres located near the regional sewage treatment plant.
Over the past several years, Roanoke City has acquired several parcels in the area,
and it was felt that it would be best to have all the parcels adjoining the sewage
treatment plant be located within the boundaries of Roanoke City; (3) Approximately a 9
acre tract near Rockydale Quarries. The proposed agreement would place this property
in Roanoke City.
Mr. Mahoney advised that the land that will be coming into the County will
be reviewed by the Planning Commission and it is anticipated that it will be
recommended that this land be designated R-2. Both jurisdictions will be holding public
hearings on this matter, and it has been published in the newspaper. Roanoke City
took action at their August 16 meeting, and there were no citizens present to speak on
the matter. Mr. Mahoney also advised that included in the agenda packet was a series
of maps that depict the areas and specificboundaries involved in each transaction. If
the resolution is approved by the Board, the Mayor and Chairman will execute the
agreement and a petition will be filed with the Circuit Court with all the necessary plats
attached. If approved by the Circuit Court, the boundary line will be relocated. Staff is
626
August 24, 2004
recommending an effective date of January 1 to coincide with the typical county and city
real estate tax year.
In response to an inquiry from Supervisor Wray, Mr. Mahoney reported
that the boundary line adjustment for the quarry will not affect any houses. In response
to a further inquiry from Supervisor Wray, Mr. Hodge stated that the revenues which the
County now receives for the quarry will go to Roanoke City in the future.
Supervisor Flora questioned whether the bulk of the quarry operations are
currently in the County or the City. Mr. Hodge reported that most of the operations are
already in the City. He also advised that this adjustment in the boundary lines has been
reviewed by the Blue Ridge Parkway and the Virginia Department of Transportation
(VDOT), who are both supportive of the change. VDOT noted that this would improve
road access onto Route 220.
Supervisor Wray asked if this would realign the road. Mr. Hodge
responded that it would.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:SupervisorsMcNamara,Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION 082404-1 AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN ROANOKE COUNTY AND ROANOKE CITY
RELOCATING PORTIONS OF THEBOUNDAY LINE BETWEEN SAID
GOVERNMENTAL ENTITIES, AND AUTHORIZING THAT CERTAIN
OTHER ACTIONS RELATING TO SUCH BOUNDARY LINE BE TAKEN
AS PROVIDED BY LAW
627
August 24, 2004
WHEREAS, pursuant to the provisions of Article 2, Chapter 31, Title 15.2 of the
1950 Code of Virginia, as amended, the governing bodies of Roanoke County and
Roanoke City wish to petition the Circuit Court for approval to relocate portions of the
boundary line between the two jurisdictions; and
WHEREAS, the relocation the boundary line of such governmental entities in the
areas proposed will permit more effective and efficient delivery of municipal services
and promote the public health, safety, and welfare; and
WHEREAS, the governing body of Roanoke City has adopted a measure
reflecting its desire to relocate and change portions of the boundary line between the
two localities as required by certain property owners within said areas; and
WHEREAS, Roanoke City and RoanokeCounty have agreed to the boundary
relocations by action of their respective governing bodies.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that:
1.The Chairman of the Board of Supervisors is hereby authorized to execute
an agreement between Roanoke City and Roanoke County, on a form approved by the
County Attorney, establishing a new boundary line at certain points between said
jurisdictions, as more particularly shown on plats prepared by Lumsden Associates,
dated June 2, 2004, which are incorporated by reference herein (Exhibits A, B, and C).
2.The boundary line set forth in said agreement is described as set out in
the Notice of Public Hearing (Exhibit D) which was published as required by §15.2-3107
of the 1950 Code of Virginia, as amended.
3.Upon approval of the executionof the agreement between the governing
bodies, the County Attorney is authorized to petition the Circuit Court of one of the
affected jurisdictions to relocate the boundary line in accordance with the plats and the
agreement.
4.Upon entry of an order by the Circuit Court establishing the new boundary
line, certified copy of such order will be forwarded to the Secretary of the
Commonwealth.
5.The County Administrator and County Attorney are authorized to take, or
cause to be taken, such other actions, and to execute other documents as may be
required by law to effect the change in the boundary line as set forth herein.
6.The Clerk to the Board of Supervisors is directed to forward an attested
copy of this resolution to the Roanoke City Clerk.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
628
August 24, 2004
2. Request to appropriate funds from the state for the 2003-2004
fiscal year to the following departments: (Brent Robertson,
Director of Management and Budget)
(a) Request to appropriate $115,000 from the state for fiscal year
2003-2004 for Public Assistance Programs in the Department
of Social Services
A-082404-2
Mr. Robertson reported that the following requests are to appropriate
funds from the state for fiscal year 2003-2004. The reimbursements are for costs that
have already been incurred by the departments.
The Department of Social Services has requested an appropriation of
$115,000 to the aid to dependent children program. Mr. Robertson stated that the
Department of Social Services receives additional appropriations throughout the year
for public assistance and services delivery. During fiscal year 2003-2004, the
department provided services for various programs including transitional day care, aid
to foster children, and adoption subsidy that are 100% reimbursable from the federal
government. He stated that staff recommends an appropriation to recognize an
additional $115,000 of Federal IV-E revenues for fiscal year 2003-2004 and to
appropriate $115,000 to the expenditure budget of Social Services to cover the costs of
the related services.
Supervisor Church asked Mr. Robertson to explain why this procedure is
necessary when there is no fiscal impact to the County. Mr. Robertson advised that at
629
August 24, 2004
the time the County budget is established, the state has not yet adopted the social
services budget for the upcoming fiscal year. Additional appropriations are therefore
necessary throughout the year. The SocialServices Department provides the service
and incurs the cost up front, and the associated revenues must then be appropriated.
Supervisor McNamara moved to approve the staff recommendation (an
appropriation to recognize an additional $115,000 of Federal IV-E revenues for FY
2003-2004 and to appropriate $115,000 to the expenditure budget of Social Services to
cover the costs of the related services). The motion carried by the following recorded
vote:
AYES:SupervisorsMcNamara,Church, Wray, Altizer, Flora
NAYS: None
(b) Request to accept and appropriate additional state revenues in
the amount of $98,000 to the Sheriff’s Office for fiscal year
2003-2004 budget
A-082404-3
Mr. Robertson advised that as in previous years,the inmate population at
the Roanoke County jail has remained above capacity. As a result, operational costs
such as food, utilities, medical costs, etc. continue to consume a substantial portion of
the jail’s budget. Due to the increased inmate population, the Sheriff is projecting
expenditures related to inmate care to exceed original budget allocations by $98,000 for
FY 2003-2004. State reimbursement for commonwealth responsible prisoners is
subject to state prisoner population, general assembly appropriations, and political
630
August 24, 2004
factors, variables difficult to consider in revenue projections. Mr. Robertson stated that
based on the revenue estimates versus the projected revenues anticipated to be
collected from the state and from the City of Salem for the Sheriff’s Department for FY
2003-2004, revenues in excess of budget for these categories should total
approximately $110,000. The FY 2004-2005 expenditure budget for the jail has been
adjusted to reflect the increased inmate population that has steadily grown over the last
several years; therefore, if additional appropriations are needed at the end of the current
fiscal year, the addition should be minimal. He advised that staff recommends an
appropriation adjustment to recognize an additional $98,000 of revenue for FY 2003-
2004 for personnel and operations reimbursement and increasing the FY 2003-2004
care and confinement budget within the Sheriff's department by $98,000 to cover
increased operational costs of the jail caused by increased inmate population, staffing
requirements, and capital reimbursements.
Supervisor Wray inquired if the $6 per day reimbursement by the state is
the same rate paid to the City of Salem.Mr. Robertson responded that Salem’s rate is
negotiated separately based on the actual costs in the jail. He indicated that the
contract with the jail is based on actual operating and capital costs, usually in arrears,
and it is negotiated on an annual basis. In response to a further inquiry from Supervisor
Wray, he advised that this amount could be more and he estimated that Salem
reimburses Roanoke County approximately $11 - $12 per day.
Supervisor Flora noted that the reimbursement rate from the state has
gone down every year for approximately the last 10 years. He stated that in the past,
631
August 24, 2004
the reimbursement rate was close to $18 or $19 per day; but as the state budget
tightened, the burden was shifted to local governments.
Supervisor Church moved to approve the staff recommendation (an
appropriation adjustment to recognize an additional $98,000 of revenue for FY 2003-
2004 for personnel and operations reimbursement and increasing the FY 2003-2004
care and confinement budget within the Sheriff's department by $98,000 to cover
increased operational costs of the jail caused by increased inmate population, staffing
requirements, and capital reimbursements). The motion carried by the following
recorded vote:
AYES:SupervisorsMcNamara,Church, Wray, Altizer, Flora
NAYS: None
(c) Request to appropriate $24,810 to the Clerk of the Circuit
Court from the state for fiscal year 2003-2004
A-082404-4
Mr. Robertson reported that during fiscal year 2003-04, the Clerk of the
Circuit Court incurred expenses relatingto the purchase of software, hardware,
maintenance, and related upgrades to the indexing software utilized by the courts.
These expenses were reimbursed by the state through technology funds earmarked for
this purpose and now need to be appropriated to the Clerk of Circuit Court. He stated
that staff recommends appropriating $24,810 to the Clerk of Circuit Court for fiscal year
2003-2004.
632
August 24, 2004
Supervisor Wray moved to approve the staff recommendation
(appropriation of $24,810 to the Clerk of Circuit Court for fiscal year 2003-2004). The
motion carried by the following recorded vote:
AYES:SupervisorsMcNamara,Church, Wray, Altizer, Flora
NAYS: None
IN RE: APPOINTMENTS
1. Capital Improvement Program (CIP) Review Committee
(Appointed by District)
Supervisor McNamara nominated Barbara Bushnell, Windsor Hills
Magisterial District, to serve a one-year term which will expire on August 31, 2005. He
requested that confirmation of this appointment be added to the consent agenda.
Supervisor Wray nominated Pam Berberich, Cave Spring Magisterial
District, to serve a one-year term which will expire on August 31, 2005. He requested
that confirmation of this appointment be added to the consent agenda.
2. Grievance Panel
Supervisor Flora nominated R. Vincent Reynolds to serve an additional
three-year term which will expire on September 10, 2007.He requested that
confirmation of this appointment be added to the consent agenda.
3. Industrial Development Authority
Supervisor Flora nominated Linwood P. Windley who resides in the
Windsor Hills Magisterial District, to serve a four-year term which will expire on
633
August 24, 2004
September 26, 2008. He requested that confirmation of this appointment be added to
the consent agenda.
4. Parks and Recreation Advisory Commission (Appointed by
District)
Supervisor Flora nominated Terry Harrington, Hollins Magisterial District,
to serve a three-year term which will expire on June 30, 2007.He requested that
confirmation of this appointment be added to the consent agenda.
IN RE: CONSENT AGENDA
R-082404-5; R-082404-5.b; R-082404-5.c; R-082404-5.d
Supervisor Flora moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION 082404-5 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for August
24, 2004, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 11, inclusive, as follows:
1.Approval of minutes – July 27, 2004
2.Confirmation of committee appointments to Capital Improvement Program
(CIP) Review Committee (Appointed by District) and Social Services Advisory
Board (Appointed by District)
3.Resolutions of appreciation upon the retirement of the following individuals:
(a) Ellen A. Hylton, Library, following twenty-eight years of service
634
August 24, 2004
(b) Lois J. Spigle, Library, after twenty-five years of service
4.Request to accept Farmhouse Lane and Farmhouse Court into the Virginia
Department of Transportation (VDOT) Secondary System, Hollins Magisterial
District
5.Request from the Library to accept and appropriate literacy grant funds in the
amount of $1,250
6.Request from schools to appropriate a drug free communities renewal grant
in the amount of $99,999
7.Request from schools to appropriate funds in the amount of $5,120 for the
capital improvement incentive grant for playground safety
8.Request from schools to appropriate grant in the amount of $75,000 from the
Virginia Tobacco Settlement Foundation
9.Request from schools to appropriate grant in the amount of $23,387 from the
Governor’s Office of Substance Abuse Prevention
10.Request from the Fire and Rescue Department to accept and appropriate
grant funds in the amount of $2,743 from the Virginia Department of Health
for the purchase of mass casualty triage equipment
11.Request from the Fire and Rescue Department to accept and appropriate
grant funds in the amountof $12,997 from the Virginia Department of Health
for the purchase of cardiac monitors
2. That the Clerk to the Board is hereby authorized and directed where required
by law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION 082404-5.b EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF ELLEN A. HYLTON, LIBRARY, AFTER TWENTY-
EIGHT YEARS OF SERVICE
WHEREAS, Ellen A. Hylton was first employed by Roanoke County on
August 18, 1975, as a librarian; and
WHEREAS, Ms. Hylton was branch librarian at the Vinton Library in 1983
when the building was heavily damaged by a structural failure, yet she and her staff
worked tirelessly to insure that services to the patrons were never interrupted; and
WHEREAS, Ms. Hylton later became head of Technical Services and was
responsible for accurately cataloging more than 23,000 items annually, making new
materials immediately available to the public; and
635
August 24, 2004
WHEREAS, Ms. Hylton led the process to convert the library’s catalog
from paper records to an electronic format, which became the basis of the online
catalog and opened up the system’s resources to citizens across the valley; and
WHEREAS, Ms. Hylton retired from Roanoke County as a Divisional
Librarian on July 1, 2004, after twenty-eight years and ten months of service; and
WHEREAS, Ms. Hylton, through her employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
ELLEN A. HYLTON
the citizens of Roanoke County to for more than twenty-eight years
of capable, loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a
happy and productive retirement.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION 082404-5.c EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF LOIS J. SPIGLE, LIBRARY, AFTER TWENTY-FIVE
YEARS OF SERVICE
WHEREAS, Lois J. Spigle was first employed by Roanoke County on
August 16, 1979, as a library assistant at the Glenvar Branch Library; and
WHEREAS, Ms. Spigle initiated a popular book club and assisted with
other special programs which helped establish the library as a vital part of its
community; and
WHEREAS, Ms. Spigle later transferred to the Headquarters/419 Library
where she became an integral part of the circulation team, providing knowledgeable
guidance on authors and books to thousands of library patrons; and
WHEREAS, Ms. Spigle always exemplified the highest standards of calm,
courteous, reliable, and positive public service; and
WHEREAS, Ms. Spigle retired from Roanoke County on August 1, 2004,
after twenty-five years of service; and
WHEREAS, Ms. Spigle, through her employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
LOIS J. SPIGLE
the citizens of Roanoke County to for twenty-five years of capable,
loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for
a happy and productive retirement.
636
August 24, 2004
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION 082404-5.d REQUESTING ACCEPTANCE OF FARMHOUSE
LANE AND FARMHOUSE COURT INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM.
WHEREAS, the streets described on the attached Addition Form SR-5(A), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised this Board the streets meet the requirements established by the
Subdivision Street Requirements of the Virginia Department of Transportation,
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999 for comprehensive stormwater detention
which applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions
Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code
of Virginia, and the Department's Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage,
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the resident Engineer for the Virginia Department of Transportation.
Moved by:Supervisor Flora
Seconded by:None Required
Yeas:Supervisors, McNamara, Church, Wray, Altizer, Flora
Nays: None
IN RE: REPORTS
Supervisor Altizer moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
637
August 24, 2004
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Future Capital Projects
5. Accounts Paid – July 2004
6. Statement of expenditures and estimated and actual revenues for
the month ended July 31, 2004
7. Statement of Treasurer’s accountability per investment and
portfolio policy as of July 31, 2004
IN RE: CLOSED MEETING
At 3:34 p.m., Supervisor Flora moved to go into closed meeting pursuant
to the Code of Virginia Section 2.2-3711 A (30) discussion of the terms or scope of a
public contract where discussion in open session would adversely affect the bargaining
position or negotiating strategy of the County, namely the contract and selection of a
vendor for the new public safety center; and Section 2.2-3711 A (3), discussion or
consideration of the acquisition of real property for a public purpose, namely park
purposes. The motion carried by the following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: WORK SESSIONS (4th Floor Conference Room)
Work session to discuss proposed amendment to Chapter 19,
1.
Solicitors and Solicitations, of the Roanoke County Code, to allow
638
August 24, 2004
for solicitations in public roads. (Elmer C. Hodge, County
Administrator)
The work session was held from 3:47 p.m. until 4:12 p.m. Mr. Hodge
advised that several organizations have approached the County with requests to lift the
ban on soliciting on public roads. He stated that if there is sufficient interest to proceed
with amendments, this matter will be brought back to the Board at subsequent
meetings. He recommended that any proposed revisions be structured so that they are
easily enforced, provide for a reasonable work load on the staff, and are equitable for all
organizations.
Following discussion, the following concerns were expressed by the
Board: safety of individuals – both those conducting the solicitations, as well as
individuals who are driving on the roads; ability for organizations to meet the $1 million
insurance requirement and whether this is a fair and equitable requirement to place on
all organizations; the potential impact on citizens who may not want to be bothered with
solicitors at intersections.
It was the consensus of the Board to not make any revisions to the
ordinance at this time. Representatives from the Muscular Dystrophy Association were
present and indicated that they will be forwarding information to the Board in support of
an amendment for their review.
IN RE: CLOSED MEETING
The closed meeting was held from 4:22 p.m. until 6:00 p.m.
639
August 24, 2004
IN RE: CERTIFICATION RESOLUTION
R-082404-6
At 7:04 p.m., Supervisor Church moved to return to open session and
adopt the certification resolution. The motion carried by the following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION 082404-6 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members
knowledge:
1. Only public business matterslawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1. Second reading of an ordinance to rezone 4.83 acres from I1C
Industrial District with conditions to R1 Low Density Residential
District for a development of single family housing located at
640
August 24, 2004
Tract B1-A-2 of Mason Subdivision, Hollins Magisterial District,
upon the petition of Balzer & Associates, Inc. Withdrawn at the
request of the petitioner
Chairman Flora advised that this item had been withdrawn at the request
of the petitioner.
2. Second reading of an ordinance to obtain a special use permit to
construct a major utility service (stormwater management pond)
located at 2820 Byron Drive, Catawba Magisterial District, upon
the petition of Pinkerton Properties, LLC. Withdrawn at the
request of the petitioner
Chairman Flora advised that this item had been withdrawn at the request
of the petitioner.
3. Second reading of an ordinance to rezone 7.83 acres from R1 Low
Density Residential District and C2C General Commercial District
with conditions to R3 Medium Density Multi Family District in
order to construct townhouses located at the northerly end of
Byron Road, Catawba Magisterial District, upon the petition of
Pinkerton Properties, LLC. Continued until September 28, 2004 at
the request of the petitioner
Chairman Flora advised that this item had been continued until September
28, 2004, at the request of the petitioner.
641
August 24, 2004
4. Second reading of an ordinance to obtain a special use permit to
operate a car wash located at 7443 Williamson Road, Hollins
Magisterial District, upon the petition of Double D Mini-Mart, Inc.
(Janet Scheid, Chief Planner)
O-082404-7
Ms. Scheid advised that in 2000 through early 2002, a special use permit
(SUP) was granted for this site which was home to the Sunnybrook Car Care Facility.
The SUP expired when the usage quit for a period of two years, and the owner now
needs to reapply for a SUP. Ms. Scheid advised that the property is located at the
southwest corner of Williamson Road and Plantation Road, and the properties along
both sides and the rear are zoned C-2. She also reportedthat the buildings in the
Dexter Road area are also generally zoned C-2. Ms. Scheid advised that the Planning
Commission voted unanimously to support the SUP at their meeting on August 3 with
the following conditions: (1) The site shall be developed in general conformity with the
Williamson Road Hollins Master Plan DesignGuidelines, to be administered by planning
staff; (2) The site shall have one access point on Williamson Road and one access point
on Plantation Road, both of which shall include an entrance and exit lane. The access
points shall be in compliance with the Roanoke County Zoning Ordinance and Virginia
Department of Transportation (VDOT) standards. Ms. Scheid also noted that the
concept plan shows two access points, but that this has since been narrowed to one
access.
642
August 24, 2004
In response to an inquiry from Supervisor Wray, Ms. Scheid provided
historical information regarding the creation of the Williamson Road Hollins Master Plan
Guidelines and confirmed that the petitioner has agreed to adhere to these guidelines.
Ed Natt, attorney for the petitioner, and the petitioner were present and confirmed that
the petitioner is in agreement with the guidelines. Mr. Natt verified that the petitioner
has met the access requirements and has received VDOT approval.
Supervisor Flora advised that he has not received any calls from citizens
regarding this petition, the project will improve the appearance and access at this
intersection and the total number of entrances is being reduced.
There were no citizens present to speak on this item.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:SupervisorsMcNamara,Church, Wray, Altizer, Flora
NAYS: None
ORDINANCE 082404-7 GRANTING A SPECIAL USE PERMIT TO
DOUBLE D MINI-MART, INC. TO OPERATE A CAR WASH TO BE
LOCATED AT 7443 WILLIAMSON ROAD (TAX MAP NO. 27.11-2-5)
HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Double D Mini-Mart, Inc. has filed a petition for a special use permit
to operate a car wash to be located at 7443 Williamson Road (Tax Map No. 27.11-2-5)
in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
August 3, 2004; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on July 27, 2004; the second reading and public hearing on this
matter was held on August 24, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
643
August 24, 2004
1.That the Board finds that the granting of a special use permit to Double D
Mini-Mart, Inc. to operate a car wash to be located at 7443 Williamson Road in the
Hollins Magisterial District is substantially in accord with the adopted 2000 Community
Plan pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as
amended, and said special use permit is hereby approved with the following conditions:
(1)The site shall be developed in general conformity with the
Williamson Road Hollins Masterplan DesignGuidelines, to be administered by
planning staff.
(2)The site shall have one access point on Williamson Road and one
access point on Plantation Road both of which shall include an entrance and exit
lane. The access points shall be in compliance with the Roanoke County Zoning
Ordinance and VDOT standards.
2.That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
5. Second reading of an ordinance to obtain a special use permit to
conduct recreational vehicle sales located at 6718 Williamson
Road, Hollins Magisterial District, upon the petition of Jerry
Douglas Kidd, Inc., t/a Brookside Auto Sales. (Janet Scheid, Chief
Planner)
O-082404-8
Ms. Scheid reported that the proposed SUP conforms to the policies and
guidelines of the core future land use designation and as long as the business
continues operating as a used automobile dealership with recreational sales and service
as an accessory, no negative impacts are anticipated. Ms. Scheid stated that
recreational vehicle (RV) sales and service is defined as the sale of recreational
644
August 24, 2004
vehicles, including those that are towed, hauled or driven, designed and used as
temporary living accommodations for recreation and camping purposes. This includes
tent trailers, boats, pickup campers, motor homes, and travel trailers. Ms. Scheid
reported that the Planning Commission unanimously approved the SUP at their August
3 meeting with the following conditions: (1) Recreational vehicle sales and service shall
be allowed only as an accessory use to the automobile dealership; (2) No more than
five (5) recreational vehicles will be displayed for sale at any one time.
The petitioner was presentat the meeting but did not offer any comment.
There were no citizens present to speak on this item.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:SupervisorsMcNamara,Church, Wray, Altizer, Flora
NAYS: None
ORDINANCE 082404-8 GRANTING A SPECIAL USE PERMIT TO
JERRY DOUGLAS KIDD, INC. T/A BROOKSIDE AUTO SALES TO
CONDUCT RECREATIONAL VEHICLES SALES TO BE LOCATED AT
6718 WILLIAMSON ROAD (TAX MAP NOS. 27.18-1-5.2) HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, Jerry Douglas Kidd, Inc. t/a Brookside Auto Sales has filed a petition
for a special use permit to conduct recreational vehicles sales to be located at 6718
Williamson Road (Tax Map Nos. 27.18-1-5.2) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
August 3, 2004; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on July 27, 2004; the second reading and public hearing on this
matter was held on August 24, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
645
August 24, 2004
1.That the Board findsthat the granting of a special use permit to Jerry
Douglas Kidd, Inc. t/a Brookside Auto Sales to conduct recreational vehicles sales to be
located at 6718 Williamson Road in the Hollins Magisterial District is substantially in
accord with the adopted 2000 Community Plan pursuant to the provisions of Section
15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is
hereby approved with the following conditions:
(1)Recreational Vehicles Sales and Service shall be allowed only as
an accessory use to Automobile Dealership, Used.
(2)No more than five (5) recreationalvehicles will be displayed for sale
at any one time.
2.That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
6. Second reading of an ordinance to obtain a special use permit to
construct a telecommunications facility located at 7401 Barrens
Road, Hollins Magisterial District, upon the petition of Virginia
PCS Alliance, LC, d/b/a/ NTELOS. (Janet Scheid, Chief Planner)
O-082404-9
Ms. Scheid advised that this is the location of the Hollins Fire and Rescue
building. The request is to construct a 199 foot monopole broadcast tower as part of a
telecommunications facility. The pole will be 195 feet with a lightning rod which extends
the height to 199 feet, which is the maximum allowed by the Roanoke County zoning
ordinance. The facility would contain up to five lease areas and would allow for co-
location of both Roanoke County equipment and other vendors.Ms. Scheid stated that
the project site is generally level and faces Barrens Road and Peters Creek Road 300
646
August 24, 2004
feet to the south. The tower will be constructed of galvanized steel with a flat matte
finish and will have attached directional panel, omni-directional, and whip antennas. It
will be accessed by the existing Hollins Station dual entrances on Barrens Road. The
utilities for the proposed tower will be underground, although the general area is served
by overhead power lines. The site is in close proximity to commercial areas on Peters
Creek Road and the Hollins community. The 2.5 acre property is designated
neighborhood conservation bythe 1998 community plan, and is generally where the
County would like to see single family residential neighborhoods be encouraged. The
location of a telecommunications tower is not addressed in the community plan as either
being compatible or not compatible. Ms. Scheid stated that there is a small likelihood of
visual impact to Tinker or Read Mountains, and the greatest visual impact will be to
nearby homes. The site is home to an existing telecommunication facility which is
approximately one-half (½) the height of this proposed structure. The zoning on the site
of C-2 is consistent with the telecommunication facility request. The height of the tower
is not near the ridgeline, and the proposal made by NTELOSgenerally conforms to the
County’s broadcast tower regulations which encourage the use of monopoles and co-
location. Ms. Scheid reported that the Planning Commission unanimously approved the
SUP with the following conditions: (1) The site and location of the broadcast tower shall
be in conformity with the concept plan prepared by Patton, Harris, Rust & Associates
PC, revision dated June 18, 2004; (2) The broadcast tower shall be constructed only in
conjunction with the facility compound shown on sheet S-2 of the concept plan; (3) The
maximum height of the broadcast tower shall be 199 feet; (4) Per Federal Aviation
647
August 24, 2004
Administration (FAA) review, no marking or lighting of the proposed antenna tower is
required and none shall be installed.
In response to inquiries from Supervisor Wray, Ms. Scheid advised that
the building will be leased and the FAA has determined that the tower will not require
lighting. In addition, she advised that she is only aware of two vendors who will be
situated on the tower: NTELOS and the County.
In response to inquiries by Supervisor Wray regarding contractual matters,
Anne Marie Green, Director of General Services, advised that staff is currently in
negotiations with NTELOS and the contract will come back to the Board of Supervisors
for approval, possibly in September. She also advised that the proposed tower is an
appropriate fit for the neighborhood because it is a more modern tower, it is served by a
backup generator, and the County will have additional space on the tower and space to
place other equipment if necessary. She alsostated that it is possible the tower may be
feasible for use with the new paging system being purchased by the County.
In response to an inquiry from Supervisor Altizer, Ms. Green advised that
two scenarios are being explored in the contract negotiations: (1) If NTELOS abandons
the tower and no longer needs the tower; (2) If NTELOS wishes to sell the tower, there
would be a provision allowing Roanoke County the right of first refusal to purchase the
tower.
Supervisor Church inquired whether the FAA had concerns about the
location of the tower due to the close proximity of the airport.Ms. Green advised that
Jessie Wilmer, NTELOS representative, is present and could address these concerns.
648
August 24, 2004
She also advised that the properties adjacent to this site include First Team Auto Mall, a
church, and houses.
Ms. Wilmer stated that NTELOS has 835 cell sites which include 97 in the
Roanoke Valley and 29 in Roanoke County/Roanoke City. This proposal would include
3,500 square feet of space that would be leased from Roanoke County for the
monopole site behind the fire and rescue station. She stated that at present, there is
spotty coverage from the Williamson Road/Peters Creek Road intersection south to
Interstate 581 and at the Roanoke Regional Airport.This tower will resolve the capacity
and coverage problems being experienced by NTELOS. She further advised that T-
mobile and US Cellular are interested in co-locating at this site. Roanoke County will
receive additional revenue for additional co-locators. NTELOS has reserved the top slot
on the tower at 195 feet, and Roanoke County has reserved 10 foot sections at 150 and
170 feet for communications equipment. She stated that the project has received
approval from the FAA, Phase I environmental approvals, and historic preservation
approvals. If approved, it is anticipated that the County equipment can be relocated to
the new tower by November or December.
In response to an inquiry from Supervisor Wray, Ms. Wilmer advised that
any issues involving assignment of the tower in the event NTELOS decides to sell the
site will be covered in the contract currently being negotiated.
Supervisor Church inquired whether any special concessions were made.
Ms. Wilmer responded in the negative, and stated that NTELOS has a consultant that
649
August 24, 2004
files the FAA and Federal Communications Commission (FCC) papers and then
coordinates with the appropriate local jurisdiction.
There were no citizens present to speak on this item.
Supervisor Flora noted that this site is well out of the flight path of the
east/west runway, and even further out of the north/south flight path. In addition, it is
over 100 feet below the runway elevation.
In response to an inquiry from Supervisor Wray, Ms. Wilmer indicated that
the 195 foot tower height is needed in order to provide adequate service levels and to
maintain 10 foot separation levels between vendors to prevent interference on the
tower.
Supervisor Flora advised that a community meeting was held on this
matter and no citizens were present. In addition, no citizens were present at the
Planning Commission meeting.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:SupervisorsMcNamara,Church, Wray, Altizer, Flora
NAYS: None
ORDINANCE 082404-9 GRANTING A SPECIAL USE PERMIT TO
VIRGINIA PCS ALLIANCE, LC dba NTELOS TO CONSTRUCT A
TELECOMMUNICATIONS FACILITY TO BE LOCATED AT 7401
BARRENS ROAD (TAX MAP NO. 27.13-4-1) HOLLIINS MAGISTERIAL
DISTRICT
WHEREAS, Virginia PCS Alliance, LC dba NTELOS has filed a petition for a
special use permit to construct a telecommunications facility to be located at 7401
Barrens Road (Tax Map No. 27.13-4-1) in the Hollins Magisterial District; and
650
August 24, 2004
WHEREAS, the Planning Commission held a public hearing on this matter on
August 3, 2004; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on July 27, 2004; the second reading and public hearing on this
matter was held on August 24, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1.That the Board finds that the granting of a special use permit to Virginia
PCS Alliance, LC dba NTELOS to construct a telecommunications facility to be
located at 7401 Barrens Road in the Hollins Magisterial District is substantially in accord
with the adopted 2000 Community Plan pursuant to the provisions of Section 15.2-2232
of the 1950 Code of Virginia, as amended, and said special use permit is hereby
approved with the following conditions:
(1)The site and locationof the broadcast tower shall be in conformity
with the concept plan prepared by Patton Harris Rust & Associates, PC, revision
dated June 18, 2004.
(2)The broadcast tower shall be constructed only in conjunction with
the facility compound as shown onsheet S-2 of the concept plan.
(3)The maximum height of the broadcast tower shall be 199 feet.
(4)Per Federal Aviation Administration review, no marking or lighting
of the proposed antenna tower is required and none shall be installed.
2.That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
7. Second reading of an ordinance to obtain a special use permit to
develop and operate a golf course on 362 acres and to rezone 115
acres from AG-3 Agricultural to AR Agricultural Residential with
conditions located at 3687 Pitzer Road, Vinton Magisterial District,
upon the petition of George Golf Design, Inc. (Janet Scheid, Chief
Planner)
651
August 24, 2004
O-082404-10
he conceptual plan provided by the petitioner
Ms. Scheid stated that t
shows the layout of the golf course covering approximately 250 acres with the
remaining 112 acres being reserved for future residential development. The course
will span both sides of Pitzer Road and utilize a pedestrian/golf cart crossing of the
road. The conceptual plan depicts the future residential development in three
separate areas of the site: the northwest corner, the southwest corner, and the
southeast corner on the east side of Saul Lane. The proposal is for an 18-hole golf
course, a club house and a maintenance facility. The type of golf course (private
equity, private membership, or public)has not yet been determined by the petitioner.
Ms. Scheid stated that the club house could range in size from 5,000 to 25,000
square feet depending on the type of course built. For instance, a public daily fee
-
course would call for a club house towards the smaller end of the size range it
would likely have a small pro shop, a small snack bar, an eating and gathering area
and an outdoor pavilion area. On the other hand, a private course would necessitate
a club house towards the upper end of the size range. This type of club house
would provide member services such as locker rooms, shower facilities, golf bag
storage areas and would have a more complete dining facility. In either case, the
club house would typically operate the same daily hours as the golf course and the
food service facility would be primarily for patrons of the golf course. The design of
the club house will be architecturally compatible with the rural nature of the
652
August 24, 2004
proposed site and the exterior will primarilybe constructed of stone, brick and wood.
Ms. Scheid advised that it is the petitioner's intent that the club house be an
attractive attribute to the golf course and appear to belong on the site. She noted
that golf cart storage will be indoors.
Ms. Scheid reported that as stated earlier, the golf course is proposed
to be constructed on both sides of Pitzer Road and a golf cart crossing of Pitzer
Road is shown on the conceptual plan.VDOT will review the request for this
crossing and determine any necessary safety features. The petitioner has stated
that typically those features include marked pedestrian cross walks, caution signs
and/or "slow golf cart crossing" signs.A maintenance facility will be required for the
operation of the golf course. Ms. Scheid advised that the location of the
maintenance facility is being changed as a result of citizen input at the Planning
Commission meeting. The facility needs road access and will have parking for
approximately 15 employees. The building will range in size from 5,000 to 12,000
square feet and will be single story. It will consist of equipment storage, repair shop,
storage of chemicals, fertilizer and grass seed. Approximately three tractor trailers
will off-load at this location per year. The design of this facility will be integrated and
blended into the site and the building facade will be appropriate for the rural location.
The petitioner has stated that he will use primarily organic chemicals on the course
and all chemicals will be within the guidelines of the U. S. Environmental Protection
653
August 24, 2004
Agency (EPA). A professional golf course superintendent experienced in chemical
application will manage the golf course maintenance operation.
Ms. Scheid advised that the petitionerplans to begin construction of the
golf course by the end of 2004 with an anticipated opening date of spring to summer
2006. Access to the site will be from Pitzer Road, State Route 617. A minimum of
24 foot paved driveway will serve the club house area. She stated that Pitzer Road
has a statutory speed limit of 55 mph in this location. Upon review by the Roanoke
County Traffic Engineer and the VDOT Assistant Resident Engineer, it is estimated
that approximately 650-730 vehicle trips per day could be generated by the golf
course alone. Ms. Scheid stated that the traffic projections are based on national
averages and studies of municipal courses, private country clubs and public courses
with driving ranges, clubhouses, banquet facilities, etc. The projections may be high
and the type of course will determine the actual number of trips generated by the
site.
Ms. Scheid reported that the United States Department of Interior,
National Park Service has stated that the golf course will not be visible from the Blue
Ridge Parkway and therefore they have no visual impact concerns with the
proposed golf course. They have also stated that they would like the opportunity to
review any proposed housing on this site to ensure that the scenic quality of this
view area is not compromised. The site is designated as Rural Preserve in the 1998
Community Plan. The golf course is consistent with the Community Plan
654
August 24, 2004
designation and will provide a rural, recreational facility. Any future housing planned
for the site will either be allowed by right or will require a rezoning action and review
by the Planning Commission and approval by the Board of Supervisors. Ms. Scheid
indicated that two community meetings were held regarding this rezoning request
and at the most recent meeting, there was unanimous support for the project. Ms.
Scheid stated that the proposed rezoning from AG-3 to AR includes a proffered
condition limiting the residential density to what is currently allowed under the AG-3
zoning, and also a request for a special use permit on the entire 362 acres to
operate a golf course. The Planning Commission approved the request with a vote
of 4-0 with the following proffer: (1) Residential density on tax maps #79.04-2-10,
#79.04-2-10.1, #79.04-2-10.2, #79.04-2-11 and #79.04-2-12 will be no greater than
1 house per 3 acres, as currently allowed under AG-3 zoning, unless a subsequent
rezoning to Planned Residential Development (PRD), per the Roanoke County
zoning ordinance, is approved. The Planning Commission also attached the
following conditions to the special use permit: (1) The chemicals used on the golf
course shall minimize the effect on ground water pollution. (2) The club house shall
be constructed primarily of the following exterior materials: stone, brick and wood.
Ms. Scheid advised that two actions are required: a motion with
respect to the rezoning followed by a motion with respect to the special use permit.
Supervisor Church expressed reservations about the accuracy of the
traffic estimates, particularly when a tournament is taking place. He questioned
655
August 24, 2004
where the data was obtained. Ms. Scheid stated that this is a national average that
comes from the National Institute of Traffic Engineers and includes a variety of types
of courses from public to private. Supervisor Church stated for the record that he
feels the average is too low.
In response to inquiries from Supervisor Wray, Ms. Scheid stated that
the total acreage for the rezoning is 115 acres. She further advised that the total
acreage for the special use permit is 362 acres, and the golf course would be 250
acres. With respect to water service, Ms. Scheid indicated that the petitioner will
operate the golf course off of private wells.
Supervisor Altizer questioned whether a community well system, if it
were to come about, would fall under a Section 2232 review. Ms. Scheid responded
that the Code of Virginia requires that any public water or sewer system would have
to be reviewed by the Planning Commission under Section 15.2-2232. She further
reported that this would not necessarily be heard by the Board of Supervisors since
it is a Planning Commission review. It would only come to the Board if they appeal
the Planning Commission decision.
In response to an inquiry from Supervisor Altizer, Ms. Scheid stated
that the proffered condition on the rezoning relating to density will transfer with the
land if it is sold, unless it is changed by action of the Board.
, petitioner, stated he has designed and built courses for
Lester George
the past 19 years in the United States and abroad. The business is family owned
656
August 24, 2004
and operated. He advised that also present at the meeting were Eric Allen,
Watershed Consulting, and Andrew Frank, an architect in his design firm. He
advised that the most critical part of the initial process is obtaining permission to
construct the golf course. He stated that all localities are different, and golf is
typically allowed in agricultural zoning. In this case, it is AR and not AG zoning. He
requested approval of the petition, and presented a PowerPoint presentation
highlighting some of the courses he has designed. Following the presentation, Mr.
George advised that he had met with the citizens in Mt. Pleasant four weeks ago to
address their concerns. He stated that he would like to begin construction before
year-end in order to avoid missing a growing season. He further advised that the
maintenance facility will be relocated based on concerns expressed by Ms.
Corcoran relating to traffic. He stated that residential development is not
part of his
request, and he noted that the project received unanimous support from the Mt.
Pleasant Civic League.
In response to an inquiry from Supervisor Church, Mr. George advised
that he is commissioning a market feasibility study to determine what type course (i.e.,
high-end daily fee, semi-private, private equity fee) would be best suited to the area. In
response to further inquiries, he stated that he has no goal with regard to the
development of houses. He indicated that when he initially received the plat from the
land owner, it showed 208 housing units could be built by right on the property.
657
August 24, 2004
Supervisor Church inquired if Mr. George was familiar with the recent
drought experienced in the area. Mr. George responded that he began working with
David Paylor, State Drought Coordinator, the day after regulations were issued
prohibiting watering of golf courses. He advised that he was able to successfully
resolve this issue in conjunction with Mr. Paylor. He further indicated that as water
levels draw down, there are measures available to protect the course. Mr. George
advised that he is aware of watering capacity and a watershed consultant will be part of
the project.
In response to a further inquiry from Supervisor Church, Mr. George
reported that 1” per week of water is needed when growing. This equates to an anchor
foot per month, which is approximately 365,000 gallons. He stated that once the grass
is germinated, it will reduce the amount of water needed. He noted that he anticipates
placing approximately 100 acres of sod on the site, which eliminates the germination
period for these areas. He indicated that a sustainable 250 gallons of water per minute
is needed.
Supervisor Wray inquired about the membership fee to join Kinloch Golf
Club in Richmond. Mr. George advised that the equity membership fee is $135,000.
He stated that the members own a percentage of the property, which can be recouped if
a member leaves the club.Mr. George stated that he felt an equity model could be
successful in Roanoke, but with a different fee structure. He advised that the market
study being conducted would determine what is an acceptable fee structure.
658
August 24, 2004
In response to further inquiries by Supervisor Wray, Mr. George advised
that he does not own the out parcels and is not negotiating to purchase them or the
parcel in the middle of the property. He reported that he has developed over 90
projects, of which 55-65 have been renovations or restorations. The remainder consists
of 9-hole courses, private par-3 courses, an 18 hold championship facility which was
built in Hiroshima, Japan, and a municipal golf course which cost $80 million. He stated
that he has handled approximately 25 new master plans.
Supervisor Wray inquired if a perk soil test had been done. Mr. George
responded that it had been done by the previous petitioner. He further advised that as
part of his ongoing evaluation, he will conduct the following tests: hydro geological,
watershed, wetlands, waters of the US, soil studies, and fracture trace analysis for
water. He advised that this is necessary to make sure the lake can be constructed. He
also indicated that these processes are ongoing and will comply with the County’s
review process. In response to Supervisor Wray’s inquiry, Ms. Scheid advised that the
County does not have any information about the perk soil test since it was privately
conducted. She advised that the health department does not have anything on record
for the past 10 years. Mr. George advisedthat he does not intend to request public
water and sewer for the project.
The following citizens spoke on this item at the public hearing:
Annie Krochalis, 9428 Patterson Drive, stated that she is more concerned
about the scope of the plan rather than with the golf course itself. She stated that in
reading staff reports, the project is termed a “golf community” and County administration
659
August 24, 2004
has stated that they anticipate providing water and sewer to the golf community. She
questioned if this is included in the Community Plan. She stated that the traffic study
does not include data on any residential traffic which would result from housing. Also,
she stated protection of the Blue Ridge Parkway view shed should be part of the written
proffers which would make them part of any future development since the proffer
passes with the land. She expressed concerns about the potential environmental
impact on mature trees and streams, and requested that the Board address the full
scope of the project.
, 316 Chestnut Mountain Drive, stated that the Board has
Shelby Cundiff
never cast a vote that will impact a community as much as this project. She requested
that the Board take the time and use their expertise to analyze every issue pertaining to
this project. She stated that the spin-off development could spiral out of control, and
she does not want the Mt. Pleasant community to be sacrificed. She stated there is
only one opportunity to do this right, and the outcome will impact future generations.
, 6909 Mary B. Place, voiced concerns about the extension
Elizabeth Abe
of water and sewer. She referenced a July 23 article wherein Mr. Hodge was quoted as
saying that the extension of water and sewer has long been a part of the plan. She
stated that she inquired about this at a Mt. Pleasant Civic League meeting and was told
it was part of the Capital Improvement Plan (CIP). Ms. Abe stated that at the Planning
Commission meeting, the County’s Chief Planner stated that no discussion regarding
extension of water and sewer was in the CIP. Ms. Abe noted the proffer regarding
density and indicated that if water and sewer is extended, the density usually increases.
660
August 24, 2004
She questioned whether the density will change if water and sewer is extended in the
future. She voiced support for the inclusion of an environmental consultant on the
project, and also concurred with Supervisor Church’s comments regarding traffic
concerns. She noted that a study conducted in 2000 showed several roads having
limited geometrics. She advised that additional information is needed and informed the
Board that they have up to a year to make a decision, per State Code.
, 3033 Bonsall Lane, spoke as president of the Mt. Pleasant
Mikael Roop
Civic League and noted that the developer approached the neighbors to address their
concerns relating to this project. He advised that there have been some questions
regarding Mr. George’s reputation, but he feels there is no basis to these concerns. He
stated that two meetings were held in Mt. Pleasant and the civic league has voted to
endorse the project. At this time, Mr. Roop asked the Mt. Pleasant residents who were
present in the audience to stand as a show of support for the project. Nine (9) citizens
stood to indicate their support. Mr. Roop stated that there have been concerns about
the potential for housing development and the impact on schools. He noted that
Roanoke County Schools Blue Ribbon Commission has slated Mt. Pleasant for Phase II
renovation which can be done in conjunction with any future residential development,
which makes the timing significant. He further advised that the only substantiated
traffic count report was supplied by County staff. He indicated that in the past, Mt.
Pleasant has been proposed for a landfill and an interstate; however this project will
enhance the community, and he requested the Board’s approval of the project.
661
August 24, 2004
Mr. Hodge reported that approximately 10 years ago, he met with
representatives of the Blue Ridge Parkway(BRP) to identify possible crossings where
future water lines would want to be extended. Of the approximately 9 crossings
identified at that time, one was in the Mt. Pleasant area. In each case if water and
sewer line extensions are proposed, the request would have to go back to the BRP for
approval. The objective at that time was for long-range planning purposes. Mr. Hodge
advised that Mr. George intendsto use private wells and septic tanks for this project,
and a lake will be used for irrigation and stormwater management purposes. With
regard to the wetlands, Mr. Hodge stated that Mr. George intends to feature these
aspects of the property in a manner consistent with all federal and local regulations.
Supervisor Church askedMr. Hodge if he has promised water and sewer
line extensions in conjunction with thisdevelopment. Mr. Hodge responded in the
negative. He stated that Mr. George is asking for public wells and septic for this project.
If housing is an issue in the future, it will go back through the planning process for
approval. Any request to use public watermust also go through this process. Mr.
Hodge emphasized that Roanoke County must consider alternative projects that are
currently pending for housing on this site.
Supervisor Wray inquired if the wetlands would be a swap from Explore
Park. Mr. Hodge responded that on one occasion he stated to Mr. George that if it
became a necessity to relocate wetlands from the subject property, the County could
possibly look at Explore Park. Mr. George has advised that this would not be necessary
and he will work with the wetlands and feature them in the design.
662
August 24, 2004
Eric Allen, Watershed Consultant, stated that a preliminary wetland
delineation has been done on site and areas of wetlands and streams that would be
jurisdictional have been identified. He stated that his firm has worked with Mr. George
and the original concept plan, which had a series of lakes in the area where the majority
of the wetlands are located, has been revised to stay away from these areas and treat
them as natural attributes. Mr. Allen advised that it is likely that a Department of
Environmental Quality (DEQ) permit will be required due to some minor stream channel
impacts. He stated that it would be virtually impossible to do a development of this size
without any impacts. He stated that they will go through the necessary permit process
and comply with all DEQ regulations.
Supervisor Wray noted that Mr. Hodge had recommended approval of the
project in order to preserve open space and promoteeconomic development. Mr.
Hodge responded that this will be a nice small business employing 25-40 individuals.
He stated that it is an outstanding facility that would be an attraction that could be used
for tournaments and would work in harmony with other golf courses in the area.
Supervisor McNamara inquired if the rezoning proffer pertaining to
housing density remains the same if water and sewer is extended to the site. Ms.
Scheid responded that it would. In response to further inquiries from Supervisor
McNamara, Ms. Scheid advised that of the 362 acres, all but 115 acres are currently
zoned AR. The allowable density for AR zoning is one (1) house per acre without public
water and sewer, for a maximum number of 247 possible houses on this property. If
there is public water and private sewer, the allowable density goes up to one (1) house
663
August 24, 2004
per 30,000 square feet. Ms. Scheid advisedthat one acre equals 43,000 square feet.
Supervisor McNamara noted that the remaining 112 acres is AG3 and questioned if the
property would remain AG3 if water were extended to the property. Ms. Scheid
reported that it would stay AG3 until changed by a rezoning petition. Supervisor
McNamara questioned if there were manyareas in the County that have public water
where the zoning does not change during the ten year review. Ms. Scheid responded
no and indicated that the existence of public water and sewer is one of the conditions
that would normally be examined in a comprehensive rezoning.
Supervisor McNamara stated that many of the questions have focused on
water to the site. He noted that the property is 362 acres and 250 acres are being used
for the golf course. There are 112 acres which have a proffer for no more than 1 house
per three (3) acres, unless the Board takes some subsequent action. This limits the
potential for housing development to no more than 40 houses, and there could easily
have been more than 200 houses built on this site. He stated that there is a
tremendous benefit for everyone involved from a variety of perspectives such as
conservation, view shed protection, and economic development. He stated that he
cannot put a negative spin on this project and he feels that if a golf course does not go
on the site, there will be housing on this property. He advised that this is a best case
scenario for the County – develop a golf course, generate revenue, decrease the
potential number of houses, and create a tourism draw, all without incurring additional
services that would be necessary with housing development.
664
August 24, 2004
Supervisor Altizer asked if the rezoning and the SUP are approved and we
take into consideration what might be used for roads and gutters, is it accurate to state
that there might be 67-70 houses allowed by right. Ms. Scheid confirmed that this was
an accurate assumption with respect to the residual 112 acres. Supervisor Altizer
stated from this standpoint if the project is approved tonight, the County will have a golf
course and the potential for 67-70 houses. He questioned if Mr. George were to sell the
property, would all the conditions pass to whoever purchases the land. Ms. Scheid
confirmed that the conditions on the property stay with the land. Supervisor Altizer
questioned whether a condition needs to be placed on the SUP with respect to density.
Ms. Scheid advised that no condition is needed on the SUP because a change in
density must go through the rezoning process including a public hearing with the
Planning Commission and Board of Supervisors.
Supervisor Altizer noted that Mr. George made a statement at a meeting
in Mt. Pleasant that once an investment partner was determined, additional housing
might be requested. He asked Mr. George if he came into this rezoning process
thinking that anything beyond what is being considered at the meeting tonight has been
guaranteed to him. Mr. George responded that he did not. With respect to the
rezoning, Supervisor Altizer inquired if Mr. George would have a problem with the
parkway being involved in the review of any development proposals. Mr. George stated
that this decision would be up to whomever becomes involved in the project since this is
a by right issue; however, he personally does not have a problem with the Department
of the Interior being involved.
665
August 24, 2004
Supervisor Wray inquired if the owner of the property was present.
Ronnie Brooks, 4617 Phyllis Road, Bonsack, advised that he was the owner of the
property. Supervisor Wray inquired if he had attempted to sell the property before. Mr.
Brooks responded that the property was sold three years ago to develop a golf course
and three weeks before closing, it was announced that the I-73 corridor was coming
through the farm. He stated that in less than 24 hours, the purchaser backed out of the
contract. Within two days after the announcement was made that the I-73 route had
been changed, there were three contracts to purchase the property. He advised that he
selected this contract because he cares about what is best for the community.
Supervisor Wray inquired if any soil tests had been conducted. Mr. Brooks stated he
did not conduct any soil tests; however some private testing was conducted.
Supervisor Wray questioned who applies for a SUP. Ms. Scheid advised
that the petitioner can apply for a SUP; however any conditions or proffers on a
rezoning have to be agreed to and signed by the property owner. Supervisor Wray
questioned if we have this information. Ms. Scheid stated that she believed we do have
this information. In response to a further inquiry, Mr. Mahoney also stated that he
believed we have this information. He asked Mr. Brooks if he has signed the proffered
conditions for the rezoning. Mr. Brooks advisedthat he could not recall if he had signed
the proffers. In response to a further inquiry from Supervisor Wray, Mr. Mahoney stated
that the owner has to sign the proffered conditions. Mr. Mahoney stated that he thinks
this information is in the files; however he does not have it with him. In response to an
inquiry from Supervisor Wray, Mr. Mahoney advised that in order for the proffered
666
August 24, 2004
conditions to be valid, they must be signed by the owner of the property. Mr. Mahoney
left the meeting to research the records.
Supervisor Wray requested that Ms. Scheid clarify the conditions with
respect to the SUP. Ms. Scheid advised that the property, as currently zoned with the
proffered condition limiting the density on the 115 acres to the AG3 density, is the only
density permitted by right on this property.There will be one (1) house per acre on one
portion of the property and one (1) house per 3 acres on another portion of the property.
She stated that even though the 115 acres is being rezoned to AR, that portion of the
property will retain the one (1) house per 3 acres density. Anything over and above this
density must come back through the rezoning process as required by law.
Supervisor Wray questioned if this area were to be designated for growth,
how it would be categorized in the comprehensive plan which is currently being
reviewed. Ms. Scheid responded that if it were to be designated as a growth area, it
would be classified as either rural village or development. It is currently designated as
rural preserve and the density allowed by right is consistent with the land use
designation. If the land use designation were to be changed to development or rural
village, Ms. Scheid advised that you would also be looking at changing the zoning on
the property to allow a great density of residential units than what is allowed under the
current land use designation. In response to a further inquiry from Supervisor Wray,
Ms. Scheid confirmed that any rezoning mustcome back to the Board for approval.
Supervisor Wray inquired if there is a need for conditions. Ms. Scheid
reported that the proffer and the conditions in place are adequate. She advised that the
667
August 24, 2004
only way the density can change is to change the zoning on the property or if public
water and sewer is extended to the property, that would also change the density. The
density in AR changes based on whether there is private well and septic or public water
and sewer. Mr. Hodge clarified that any request for extension of water would go
through the Planning Commission and the Board of Supervisors for approval, then to
the new Western Virginia Water Authority (WVWA).
Supervisor McNamara stated that even if water and sewer is extended,
the portion of the property being rezoned tonight will not change.The portion of the
property that would be subject to change is the AR property.
Supervisor Flora asked Ms. Scheid to clarify if the future land use
designation on the property changes from rural conservation to development, does this
change the zoning on the property. Ms. Scheid responded that it does not.
Following discussion regarding the availability of the signed proffer, Mr.
Hodge recommended that Mr. Brooks sign a copy of the proffer from the agenda
packet. Mr. Brooks came forward and signed the proffer.
Supervisor Altizer stated that this is a great opportunity for the citizens of
Mt. Pleasant to consider a project that is not an interstate highway or a landfill. He
advised that to increase the density, any petitions must come back through the Planning
Commission and the Board of Supervisors. He indicated that he has no doubt that if
this property is not developed as a golf course there will be at least 175-225 homes on
the land with no protection of green space. With this project, he stated that the County
668
August 24, 2004
will have the ability to see that the development proceeds in a manner that citizens in
this area can be proud of.
Supervisor Altizer moved to approve the rezoning. The motion carried by
the following recorded vote:
AYES:SupervisorsMcNamara,Church, Wray, Altizer, Flora
NAYS: None
Supervisor Altizer moved to approve the special use permit. The motion
carried by the following recorded vote:
AYES:SupervisorsMcNamara,Church, Wray, Altizer, Flora
NAYS: None
IN RE: CLERK’S NOTE
Following this meeting, it was determined that the receipt of the signed
proffer at the time of the meeting was procedurally invalid. This item was subsequently
re-advertised and a second reading and public hearing was held on September 14,
2004.
ORDINANCE 082404-10 TO CHANGE THE ZONING CLASSIFICATION
OF 115 ACRES (TAX MAP NOS. 79.04-2-10, 10.1, 10.2, 11, AND 12)
FROM AG-3 TO AR, WITH CONDITIONS, AND GRANTING A SPECIAL
USE PERMIT WITH CONDITIONS TO DEVELOP AND OPERATE A
GOLF COURSE ON 362 ACRES (TAX MAP NOS. 79.04-2-10, 10.1,
10.2, 11, 12, AND 79.01-1-1) ALL LOCATED AT 3687 PITZER ROAD,
VINTON MAGISTERIAL DISTRICT UPON THE APPLICATION OF
GEORGE GOLF DESIGN, INC.
WHEREAS, the first reading of this ordinance was held on July 27, 2004, and the
second reading and public hearing were held August 24, 2004; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on August 10, 2004, having been continued from August 3, 2004; and
669
August 24, 2004
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1.That the zoning classification of a certain tract of real estate containing
115 acres, as described herein, and located at 3687 Pitzer Road (Tax Map Numbers
79.04-2-10, 10.1, 10.2, 11, and 12) in the Vinton Magisterial District, is hereby changed
from the zoning classification of AG-3, Agricultural District, to the zoning classification of
AR, Agricultural Residential District, with conditions.
2.That this action is taken upon the application of George Golf Design, Inc.
3.That the owner of the property has voluntarily proffered in writing the
following condition which the Board of Supervisors of Roanoke County, Virginia, hereby
accepts:
(1)Residential density on Tax Map Numbers 79.04-2-10, 10.1, 10.2,
11, and 12 will be no greater than one (1) house per three (3) acres (as currently
allowed under AG-3 zoning) unless a subsequent rezoning to Planned
Residential Development, per the Roanoke County Zoning Ordinance, is
approved.
4.That said real estate is more fully described as follows:
115 acres being made up of Tax Map Nos. 79.04-2-10, 79.04-2-10.1, 79.04-2-
10.2, 79.04-2-11, and 79.04-2-12
5.That the Board finds that the granting of a special use permit to George
Golf Design, Inc. to develop and operate a golf course on 362 acres (Tax Map Numbers
79.04-2-10, 10.1, 10.2, 11, 12, and 79.01-1-1) located at 3687 Pitzer Road in the Vinton
Magisterial District is substantially in accord with the adopted 2000 Community Plan
pursuant to the provisionsof Section 15.2-2232 of the 1950 Code of Virginia, as
amended, and said special use permit is hereby approved with the following conditions:
(1)The chemicals used on the golf course shall minimize the effect on
ground water pollution.
(2)The club house shall be constructed primarily of the following
exterior materials: stone, brick, and wood.
6.That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Altizer to approve the rezoning, and carried by the
following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
On motion of Supervisor Altizer to approve the special use permit, and carried by
the following recorded vote:
670
August 24, 2004
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
8. Second reading of an ordinance to rezone 4.514 acres from I2
Industrial District to R1 Low Density Residential District in order
to construct single-family dwellings located at 5132 Poor
Mountain Road, Catawba Magisterial District, upon the petition of
Barry M. and Janet B. Fitzgerald. (Janet Scheid, Chief Planner)
O-082404-11
Ms. Scheid advised that the subject property was zoned industrial
(manufacturing) prior to the 1992 comprehensive rezoning that occurred in the County.
The adjoining parcels were changed from M-2 to R-I as a part of the 1992
comprehensive County rezoning process; however this parcel remained as I-2
Industrial. The property is surrounded by railway right of way on the east and west, and
Poor Mountain Road to the north. The immediate property to the south is zoned R-I and
the parcels beyond the railway right of way are also zoned R-1. Ms. Scheid advised
he Department of Economic Development is not opposed to this rezoning due
that t
to restricted access to the site. She further reported that the Planning Commission,
at their meeting on August 3, recommended approval of the rezoning request with
no conditions attached.
Ed Natt, attorney for the petitioner, advised that Mr. and Mrs. Fitzgerald
were present at the meeting. There were no citizens present to speak on this item
and there was no discussion.
671
August 24, 2004
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:SupervisorsMcNamara,Church, Wray, Altizer, Flora
NAYS: None
ORDINANCE 082404-11 TO CHANGE THE ZONING CLASSIFICATION
OF A 4.514-ACRE TRACT OF REAL ESTATE LOCATED AT 5132
POOR MOUNTAIN ROAD (TAX MAP NO. 64.04-1-8) IN THE CATAWBA
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF I2
TO THE ZONING CLASSIFICATION OF R1 WITH CONDITIONS UPON
THE APPLICATION OF BARRY M. AND JANET B. FITZGERALD
WHEREAS, the first reading of this ordinance was held on July 27, 2004, and the
second reading and public hearing were held August 24, 2004; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on August 3, 2004; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1.That the zoning classification of a certain tract of real estate containing
4.514 acres, as described herein, and located 5132 Poor Mountain Road (Tax Map
Number 64.04-1-8) in the Catawba Magisterial District, is hereby changed from the
zoning classification of I2, Industrial District, to the zoning classification of R1, Low
Density Residential District.
2.That this action is taken upon the application of Barry M. and Janet B.
Fitzgerald.
3.That said real estate is more fully described as follows:
Beginning at a point on the southerly line of West River Road (Va. Sec. Rt. 629)
on the easterly line of the property of the Norfolk Southern Railway; thence with
the line of West River Road S. 69° 35’ 42” E. 68.38 feet to a point; thence with
new lines to the property of the Applicant and with a curved line to the right
having a chord, bearing and distance of S. 20° 17’ 13” E. 381.89 feet, and a
length of 382.41 feet to a point; thence S. 25° 26’ 53” W. 326.65 feet to a point;
thence S. 52° 05’ 05” E. 646.68 feet to a point on the property of Norfolk
Southern Railway right-of-way; thence with the same S. 26° 50’ 00” W. 230.00
feet to a point on the northerly line of the property of Roger A. and Shelia R.
Harrison (Tax Map No. 64.04-1-9); thence with the same N. 45° 13’ 21” W.
716.24 feet to a point on the easterly line of the property of Norfolk Southern
Railway N. 25° 26’ 53” E. 448.06 feet to a point; thence with a curved line to the
672
August 24, 2004
left having a chord, bearing and distance of N. 20° 10’ 10” E. 372.16 feet, an arc
distance of 372.69 feet to the point and place of Beginning, and containing 4.514
acres.
4.That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES:Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
9. Second reading of an ordinance to obtain a special use permit to
operate a commercial indoor amusement facility located at 5728
Williamson Road, Hollins Magisterial District, upon the petition of
Star City Comics and Games. (Janet Scheid, Chief Planner)
O-082404-12
Ms. Scheid reported that Star City Game Center operates at 5623
Williamson Road. The business originally opened as a comic book store but has since
grown to include a combination of retail and mail order sales. The petitioner wishes to
move the business to a new location, which is the site of the former DaLong’s Furniture.
The area that they will be expanding into is designated core in the 1998 community plan
and has adequate existing public services. Ms. Scheid stated that the current business
location is approximately 5,500 square feet, with 3,100 square feet devoted to retail
sales and card playing, and 2,400 square feet for mail order sales inventory and office
space. The petitioner wishes to relocate in order to offer a larger card playing area for
tournaments. Ms. Scheid advised that the Planning Commission unanimously approved
August 24, 2004
673
the special use permit at their meeting on August 3 with the following conditions: (1)
Parking shall be provided at one space per three persons, based on maximum
building occupancy load; and (2) The site shall be limited to one entrance from U.S.
Route 11, Williamson Road.
Supervisor Altizer inquired if the building in question is the former
D
aLong’s Furniture site. Ms. Scheid responded in the affirmative.
Supervisor Wray inquired if the petitioner was present. Pete Hoefling,
President of Star City Comics and Games, was present.Supervisor Wray commended
Mr. Hoefling on the operation of his business, his staff, and the child friendly
environment in the store.
There were no citizens present to speak on this item.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
GRANTING A SPECIAL USE PERMIT TO
ORDINANCE 082404-12
STAR CITY COMICS & GAMES TO OPERATE A COMMERCIAL
INDOOR AMUSEMENT FACILITY TO BE LOCATED AT 5728
WILLIAMSON ROAD (TAX MAP NOS. 38.10-6-12, 18, 19, AND 20)
HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Star City Comics and Games has filed a petition for a special use
permit to operate a commercial indoor amusement facility to be located at 5728
Williamson Road (Tax Map Nos. 38.10-6-12, 18, 19, and 20) in the Hollins Magisterial
District; and
August 24, 2004
674
WHEREAS, the Planning Commission held a public hearing on this matter on
August 3, 2004; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on July 27, 2004; the second reading and public hearing on this
matter was held on August 24, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Star City
Comics and Games to operate a commercial indoor amusement facility to be located at
5728 Williamson Road in the Hollins Magisterial District is substantially in accord with
the adopted 2000 Community Plan pursuant to the provisions of Section 15.2-2232 of
the 1950 Code of Virginia, as amended, and said special use permit is hereby approved
with the following conditions:
(1) Parking shall be provided at one space per three persons, based
on maximum building occupancy load.
(2) The site shall be limited to one entrance from U. S. 11, Williamson
Road.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara: He noted that school starts tomorrow in Roanoke
County, and he wished the students the best tomorrow. He encouraged everyone to
watch out for the school buses.
Supervisor Church: (1) He complimented the Board for trying to do what
was in the best interests of the citizens tonight. (2) He requested prayers for Betty
Graham, Assistant Registrar, upon the death of her husband.
August 24, 2004
675
Supervisor Wray: (1) He also expressed condolences to Betty Graham.
(2) He noted that he received a letter from VDOT dated July 26 regarding I-73. The
letter referenced the re-routing of I-73 using the existing Route 220. He requested that
a traffic designer be involved in this study to evaluate and lessen the impact to the
citizens in the area. (3) He inquired if Mr. Hodge had any additional information
regarding the proposed relocation of the flour mill to the site on Starkey Road. Mr.
Hodge advised that no additional information is available at this time. (4) He stated that
he spoke with David Helmer at the O. Winston Link museum and he has invited the
Board to visit the facility. He noted that there were articles in the Wall Street Journal
and USA Today regarding this facility, and he requested that the Clerk schedule a tour
of the museum. (5) He stated that he attended the Clean Valley Council toxic waste
collection day this weekend and there were over 850 cars that came through. He
commended the Clean Valley Council members for a job well done and voiced support
for the project. He noted that Anne Marie Green, Director of General Services, is
looking into arranging the collection day four times per year, with one of those times
possibly being held in Roanoke County. (6) He encouraged everyone to watch out for
children since schools are starting tomorrow.
Supervisor Flora: (1) He voiced support for a site visit to the O. Winston
Link Museum. (2) He advised that he and Supervisor Wray were in attendance at a
reception at the Art Museum, and he noted that they will have an announcement in the
near future. (3) He referenced a request by a resident on Ardmore Drive to investigate
August 24, 2004
676
a barking dog complaint, and requested that staff contact the resident. Mr. Mahoney
advised that both he and Chief Lavinder have offered to meet with the citizen. (4) He
noted that school begins tomorrow so please keep in mind that buses will be on the
road.
IN RE: ADJOURNMENT
Chairman Flora adjourned the meeting at 9:40 p.m. to Tuesday, August
31, 2004, for the purpose of a work session with Dr. Mike Chandler to discuss the
Community Plan, Roanoke County Administration Center, 5204 Bernard Drive,
th
Roanoke, Virginia, 4 Floor Training Room.
Submitted by: Approved by:
________________________ ________________________
Diane S. Childers Richard C. Flora
Clerk to the Board Chairman