Loading...
HomeMy WebLinkAbout3/23/1999 - Regular March 23,1999 187 = ~ Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 March 23, 1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of March, 1999. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, Joseph McNamara, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend William T. Ross, Vinton Baptist Church. The Pledge of Allegiance was recited by all present. 188 March 23, 1999 INRE: i== KI:~UESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added a new business Item; resolution requesting the deletion of meals tax restrictions from food tax relief; and added several items to Executive Sessions for agenda items regarding potential litigation. Mr. Mahoney presented a revised ordinance for Item 1 under Public Hearings. IN RE: NEW BUSINESS 1. Resolution requestina the deletion of Meals Tax restrictions from the Food Tax Relief Bill. (Brent Robertson. Budget Manager) R-032399-1 Mr. Robertson reported that HB 1601 repeals two-cents of the state sales tax on food and prevents localities from levying the meals tax on food that meets the definition of "food for home consumption" as defined in the Food Stamp Act. If this language is left in the bill, localities will not be able to collect meals tax on items such as cold food or sandwiches or beverages sold in convenience stores, grocery stores or other types of restaurants selling these items. The Commissioner of Revenue has estimated this would result in reducing the meals tax by approximately $115,000. He advised that the Cities of Salem and Roanoke have also adopted similar resolutions. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson March 23, 1999 189 - NAYS: None RESOLUTION 032399-1 REQUESTING THE DELETION OF MEALS TAX RESTRICTIONS FROM FOOD TAX RELIEF BILL (HB 1601) WHEREAS, Governor Jim Gilmore's proposal to reduce the state sales tax on food did not include any change to the local meals tax; and WHEREAS, HB 1601 was amended to prohibit localities from levying their meals tax on items that meet the definition of "food for home consumption" as defined in the Food Stamp Act; and WHEREAS, the meals tax restriction in HB 1601 will reduce by approximately $115,000 the meals tax revenue collected by the County of Roanoke; and WHEREAS, the budget passed by the 1999 General Assembly includes additional money for education but includes both a maintenance of effort requirement and a local match requirement, which means that many localities will have to spend additional local funds to benefit from the new state funding; and WHEREAS, the 1999 General Assembly approved funds for a six-percent teacher salary increase, provided that a locality can meet its local match requirement; and WHEREAS, local governments are the providers of essential services in their communities, and reducing existing revenues adversely affects their ability to maintain services; and WHEREAS, local governments routinely employ a variety of measures to limit the tax burden in their communities; and NOW, THEREFORE, BE IT RESOLVED that the County of Roanoke requests that Governor Jim Gilmore amend HB 1601 to strike all references to the local meals tax. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Approval of these items does not indicate support for. or iudge the merits of. the reouested zonino actions but satisfies Drocedural requirements and schedules the Public HearinQs which will be held after recommendation 190 March 23,1999 = by the Planning Commission. - Supervisor Johnson moved to approve the first readings and set the second readings and public hearings for April 27, 1999. The motion carried by the fOllowing recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None Supervisor Johnson expressed concern about F-1 because it is a private road subdivision. 1. First reading of an ordinance to rezone 53.125 acres from AG-3 to PRD to construct a planned residential community located in the 7600 block of Token Road. Cave Spring Magisterial District upon the petition of Grindstone Engineering. 2. First readino of an ordinance to obtain a Special Use Permit to replace an existing 30 foot pole with an 80 foot monopole and replace an existino buildino. located .4 mile north of intersection of Bent Mountain Road and Ai/point Drive. Windsor Hills Magisterial District upon the Detition of US Cellular. IN RE: FIRST READING OF ORDINANCES 1. First readino of an ordinance to adopt minor amendments to the Roanoke County Zoning Ordinance. (Terry Harrinoton. County Planner) Mr. Harrington explained that the Planning Commission has prepared and reviewed a series of minor amendments to the zoning ordinance text. A Commission public hearing was held on February 2, 1999. Most of the amendments have been initiated March 23, 1999 191 - to Keep the ordinance consistent with state code and update terms and definitions. There are several other proposed changes that impact the ordinance. Supervisor Minnix moved to approve the first reading and set the second reading and public hearing for April 27, 1999. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None It was the consensus of the Board to set a work session for April 13, 1999 or April 27, 1999. IN RE: SECOND READING OF ORDINANCES 1. Second Reading of an ordinance aoprovim;l the exercise of an option to purchase agreement with Salem Office Supply. Inc.. for property located at 400 East Main Street. across from the Roanoke Countv Courthouse. in Salem. Virginia. (John Chambliss. Assistant Administrator) 0-032399-2 This item was discussed in Executive Session prior to action. Supervisor Harrison moved to adopt the ordinance after the Executive Session. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens 192 March 23,1999 !- NAYS: supervisors McNamara, Johnson ORDINANCE 032399-2 APPROVING THE EXERCISE OF AN OPTION TO PURCHASE AGREEMENT WITH SALEM OFFICE SUPPLY, INC., FOR PROPERTY LOCATED AT 400 EAST MAIN STREET, ACROSS FROM THE ROANOKE COUNTY COURTHOUSE, IN SALEM, VIRGINIA WHEREAS, by Resolution #011299-7, the Board of Supervisors of Roanoke County approved an Option to Purchase Agreement dated January 5, 1999, with Salem Office Supply, Inc., a Virginia corporation, for an option to purchase a 17,754 square-foot rectangular lot (66' x 269') located at 400 East Main Street, Salem, Virginia, identified on the Salem City Tax Map as Parcel #107-6-1 ("the Property"); and, WHEREAS, under terms of said agreement, the purchase price for the Property is $325,000.00, and the option must be exercised on or before March 5, 1999; and, WHEREAS, the agreement provides for settlement within 60 days from the date of the notice of exercise of the Option, or as soon thereafter as possible, but no later than April 30, 1999; and WHEREAS, the property is necessary for use as additional office and storage space, and the funds are available in the Capital Fund; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on February 9, 1999; on February 23, 1999, the Board authorized extending the option until June 5, 1999; the second reading was held on March 23, 1999. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to exercise the option to purchase from Salem Office Supply, Inc., the following described real estate, to- wit: All that certain tract or parcel of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the City of Salem, Virginia, containing 17,754 square feet, more or less, and located on the south side of East Main Street, and bounded on the west by Strawberry Alley and on the south by East Calhoun Street, and more particularly described as follows: BEGINNING at a point on the South side of East Main Street where the east line of Strawberry Alley intersects the South line of Main Street, and which beginning point is N. 77° 16' E. 263.3 feet from a point where the East line of College Avenue intersects the South line of Main Street (.3 of one foot March 23, 1999 193 - West of the Northwest corner of the Salem Theatre Building) and which said beginning point is also S. 77° d16' W. 3 feet from the North west corner of the present brick building located on the herein conveyed lot; thence leaving Main Street and with the East line of Strawberry Alley, and with aline 3 feet from and parallel with the West side of said brick building located on herein conveyed lot, S. 13° 25' E. 269 feet to a point in the North line of Calhoun Street, N. 77° 16' E. 66 feet to a point, marked by South east corner of a building located on herein described lot; thence leaving Calhoun Street N. 13 ° 25' W. 269 feet to a point in the South line of Main Street, which said point is 3 feet East of the Northeast corner of brick building located on the within described lot; thence with the South line of East Main Street S. 77° 16' W. 66 feet to the place of BEGINNING; known as Lot 69, Old Town Plat. There is excepted from the above description that certain 10 foot strip of land which was conveyed by Carlos G. Bowers and Maria Cristina Bowers to the Town of Salem by deed dated January 31, 1953, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 485, page 513. BEING the same property conveyed to the Grantor by deed from Carlos G. Bowers and Maria Cristina Bowers, his wife, dated December 11, 1975, and of record in the Clerk's Office of the City of Salem, Virginia, in Deed Book 40, page 658. Said real estate is further shown and designated upon the Salem City land records as Tax Parcel Number 107-6-1, and having a street address of 400 East Main Street, Salem, Virginia. 2. That the sum of $620,000.00 is hereby appropriated from the Capital Fund and $81,720.00 is hereby appropriated from the Unappropriated Fund Balance of the General Fund for the acquisition of this real estate and related expense. In addition, $150,000.00 is reappropriated from the Jail Expansion capital project to this capital project. 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the exercise of the option, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens NAYS: Supervisors McNamara, Johnson 194 March 23, 1999 - 2. Second readino of ordinance declaring a parcel of real estate to be surplus and acceptino an offer for the sale of same: namely the Penn Forest Boulevard well lot. (Paul Mahonev. County Attorney) 0-032399-3 Mr. Mahoney advised that an advertisement for the sale of surplus property was published in the Roanoke Times on Sunday, March 13. Notices were mailed to the adjoining property owners and a sign was posted on the property. Property Manager John Willey also visited the adjoining property owners and informed them. Staff received two offers: $22,500 from David Hill and $18,500 from Terry Parcell. The assessed value of the property is $22,600. In response to a question from Supervisor Nickens, Director of Real Estate Assessments John Birckhead advised that they assess at approximately 92% which is usually about 8% lower than actual sales prices. Supervisor Nickens pointed out that both offers were below the fair market value and suggested going back to both parties to see if they are willing to raise their price. Supervisor McNamara concurred and suggested $23,600. David Hill was present and agreed to the $23,600 price. Supervisor Minnix moved to adopt the ordinance and accept the offer of David Hill for $23,600. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson -, March 23, 1999 195 - NAYS: None ORDINANCE 032399-3 DECLARING A PARCEL OF REAL ESTATE TO BE SURPLUS AND AN ACCEPTING OFFER FOR THE SALE OF SAME; NAMELY THE PENN FOREST BOULEVARD WELL LOT as follows: BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property, having been made available for other public uses before permitting disposition by sale, is hereby declared to be surplus. 2. That an advertisement for bids for the sale of this surplus real estate was advertised in the Roanoke Times & World News on March 13, 1999; and 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on March 9, 1999, and the second reading was held on March 23, 1999, concerning the disposition of the following parcel of real estate identified as follows: Penn Forest Boulevard Well Lot Tax Map Parcel No. 87.06-6-1 4. That offers for said properties having been received, the offer of David Hill to purchase this property for the sum of $23.600 Dollars is hereby accepted/rejected. 5. That the purchase price for the property will be paid upon delivery of a deed therefor and all proceeds from the sale of this real estate will be deposited into the water fund in accordance with the trust agreements of the 1991 water revenue bonds. 6. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the sale of said property, all of which will be on form approved by the County Attorney. 7. That this ordinance will be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance and accept the offer of David Hill for $23,600, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Second reading of ordinance authorizino the convevance of a 37.86 acre parcel of real estate located in the City of Salem known as the Lloyd prooertv. (Paul Mahoney. County Attorney) 196 March 23, 1999 - This ordinance was discussed in Executive Session and no action was taken. 4. Second reading of ordinance authorizing the construction of and financino for a Local Public Works Improvement Proiect - Little Brushy Mountain water Proiect. (Gary Robertson. Utility Director) 0-032399-4 Mr. Robertson advised there were no changes to the ordinance since first reading. Supervisor McNamara advised that he felt that the time limit should be capped at ten years, and he would therefore not support the ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Nickens, Johnson NAYS: Supervisor McNamara ABSTAIN: Supervisor Harrison ORDINANCE 032399-4 REPEALING ORDINANCE 101497-8 AND AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, LITTLE BRUSHY MOUNTAIN WATER PROJECT WHEREAS, Ordinance 101497-8 adopted by the Board on October 14,1997, authorized the creation of and financing for the Little Brushy Mountain Water Project; however, due to limited citizen participation, the project was not constructed; and WHEREAS, funding is now available through the State of Virginia, Drinking Water State Revolving Fund Program, which program allows for more affordable financing for the participating citizens; ~ March 23,1999 197 WHEREAS, due to substantial changes in the original project authorized by Ordinance 101497-8, that ordinance will be repealed and a new ordinance will be adopted; and WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the Little Brushy Mountain Community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the publ ic water system over twenty years at an interest rate of 3%, which are the terms of the loan from the Commonwealth of Virginia; and WHEREAS, the first reading of this Ordinance was held on March 9, 1999, and the second reading was held March 23, 1999; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Ordinance 101497-8 adopted by the Board on October 14, 1997, be, and hereby is, repealed; and 2. That the County Administrator be, and hereby is, authorized and directed to take such actions and execute such documents as may be necessary to secure a loan from the Commonwealth of Virginia, Drinking Water State Revolving Fund Program in the amount of $820,000 at an interest rate of 3% and for a term of twenty years; and 3. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for a portion of the Little Brushy Mountain Community. The total construction cost of this public water project is estimated to be $820,000, to be initially financed as follows: Citizen Participation (43 at $6,155 each) $264,665 Advance from Water Fund 555,335 TOTAL $820,000 That there is hereby appropriated for this project the sum of $820,000 from the Water Fund; it being the Board's intention to reimburse itself from the proceeds of the Commonwealth of Virginia, Drinking Water State Revolving Fund Program for certain expenditures made and/or to be made in connection with extension of the public water 198 March 23, 1999 - system and the creation of the special utility service area. Any citizen participation under paragraph 5. will be advanced as a loan from the Water Fund. 4. (A) That the "Project Service Area" is shown and designated on the attached plat entitled "Little Brushy Mountain Water System Project" prepared by the Roanoke County Utility Department, dated March 3, 1999, and identified as Exhibit 1. The Little Brushy Mountain Water Project Area is created for a period of ten (10) years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area by paying the sum of $7,500 ($6,155 toward construction costs and $1,345 for off-site facilities fees) said costs to be paid in full and in advance of connection to the public water extension. (B) The "Project Service Area" includes 14.03 acres (Tax Map Nos. 45.03-2-9,10,11,12,13,13.1); these parcels to be included in the project as provided for in Paragraph (A) above, provided that once a minimum of $45,000 for these six parcels is collected, the County's current water connection fee of $2,690 would apply; and 5. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before June 23, 1999, of their a portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: (a) The total amount of $7,500 per property owner/residential connection may be financed for a maximum of 20 years at an interest rate of 3% percent per annum. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. (d) Property owners who wish to participate after the June 23, 1999 deadline shall pay $7,500 plus the off-site facility fee in effect at that time. 6. That the payment by citizens in the project service area who elect to participate shall be made to the Water Fund. Any off-site facility fee collected on this project shall be returned to the Water Fund. 7. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 8. That this Ordinance shall take effect upon receipt of funding from the Commonwealth of Virginia, Drinking Water State Revolving Fund Program, and - March 23,1999 199 compliance with the provisions of the Public Finance Act (Chapter 26, Title 15.2 of the 1950 Code of Virginia, as amended) with respect to the creation of this revenue bond debt by the County. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Nickens, Johnson NAYS: Supervisor McNamara ABSTAIN: Supervisor Harrison IN RE: APPOINTMENTS 1. League of Older Americans - Advisory Council Supervisor McNamara asked Clerk Mary Allen to contact Ms. Thelma Ihrig to determine her willingness to serve another term. 2. Commission for Senior and Phvsically Challenged Citizens Supervisor Minnix nominated Maureen Woods and Cecil Prillaman and asked that their confirmations be placed on the Consent Agenda. IN RE: CONSENT AGENDA R-032399-5. R-032399-5.c. R-032399-5.i Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 032399-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA 200 March 23, 1999 - 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 March 23, 1999, 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 13, inclusive, as follows: 1. Approval of Minutes - February 23, 1999 2. Confirmation of Committee Appointments to the Commission for Senior and Physically Challenged Citizens 3. Donation of a storm drainage easement on property owned by Samuel Reid and Dorothy Stevens. 4. Resolution of support for a Virginia Trails Grant for a Greenway at Green Hill Park. 5. Appropriation of Compensation Board reimbursement for additional capital purchase for the Commonwealth Attorney's Office. 6. Acceptance of water and sanitary sewer facilities serving Meadow Creek Road Extension. 7. Acceptance of water and sanitary sewer facilities serving Canterbury Park, Section 13. 8. Acceptance of water and sanitary sewer facilities serving Grove Park, Section 1 and 2 off site sewer. 9. Acceptance of water and sanitary sewer facilities serving Mountain Meadow Estates. 10. Acceptance of water facilities serving Valley Gateway. 11. Resolution on behalf of Catawba Hospital requesting that the Department of Corrections allow the use of inmate labor on various government projects. 12. Acceptance of sanitary sewer facilities serving Orchard Park, Section 1. ~ March 23, 1999 201 13. Acceptance of sanitary sewer facilities serving Orchard Park, Section 2. 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 Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 032399-5.c APPROVING THE SUBMISSION OF A VIRGINIA RECREATION TRAILS FUND PROGRAM PROJECT APPLICATION BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: WHEREAS, Roanoke County Parks and Recreation proposes to make improvements to the Green Hill Park Greenway, and WHEREAS, The Virginia Department of Conservation and Recreation offers funding through the Virginia Recreational Trails Grant Fund, and WHEREAS, the County of Roanoke is submitting a project application, and WHEREAS, in accordance with Virginia Recreation Trails Fund application procedures, it is necessary that a request of support, by resolution, be received from the local government. NOW, THEREFORE, BE IT RESOLVED, that the County of Roanoke, Virginia, endorses and supports the application to fund improvements to the Green Hill Park Greenway and Trail. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 032399-5.i REQUESTING THE USE OF INMATE LABOR FROM THE DEPARTMENT OF CORRECTIONS TO CLEAR THE FIRE BREAK AREA BEHIND CATAWBA HOSPITAL WHEREAS, the inmates at the Botetourt Correctional Unit have worked with Botetourt County on many community oriented projects over the past several years, including utility construction and restoration, recreation projects, landscaping and litter control; and 202 March 23, 1999 - WHEREAS, these programs have been of benefit both to the community and to the Department of Corrections; and WHEREAS, Catawba Hospital has requested a similar program with the Botetourt Correctional Unit and the Department of Corrections, in order to clear the fire break area behind the Hospital; and WHEREAS, Catawba Hospital also asked for assistance from Roanoke County in obtaining the necessary inmate labor to perform this activity. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia requests that the Department of Corrections allow the use of inmate labor from the Botetourt Correctional Unit to assist in clearing the fire break area behind Catawba Hospital in Roanoke County. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REQUESTS FOR WORK SESSIONS It was the consensus of the Board to set a work session on the Zoning Ordinance amendments for April 13, 1999 or April 27, 1999. INRE: REPORTS Supervisor Minnix moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingencv Fund 4. Future School Capital Reserve ~ March 23,1999 203 5. Statement of Expenditures and Revenues for the month ended Februarv 28. 1999 6. Notice of receipt of recreational access orant for South County Park. 7. Report of approved chanoes to the Secondaiy Svstem of State Highwavs as of Februaiy 1999. 8. Statement of Treasurer's Accountability oer Investments and Portfolio Policy. as of February 28.1999. 9. Proclamation sioned bv the Chairman 10. Accounts Paid - Februarv 1999 IN RE: EXECUTIVE SESSION Supervisor Nickens announced he would abstain from any discussion of the sale of the Lloyd property while in Executive Session. At 3:30 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (7) actual or probable litigation, condemnation proceedings for public road - Wachovia Bank; 2.1-344 A (7) probable litigation, Akers; (3)disposition of public property, Lloyd Property; (7) probable litigation, Woods End School site. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 204 March 23, 1999 - INRE: CERTIFICATION RESOLUTION R-032399-6 At 4:02 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 032399-6 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive 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 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive 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 member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: FUNDING REQUESTS FROM HUMAN SERVICES, SOCIAL SERVICES, CULTURAL AND TOURISM AGENCIES March 23,1999 205 - The following individuals and agencies requested funding in the Board of Supervisors 1999-2000 budget. 1. Pete Lampman, representing Virginia Amateur Sports, requested $45,000 for the Commonwealth Games. 2. Bob Spencer, requested $2,500 for emergency assistance on behalf of the Roanoke Area Ministries. 3. Jim Ford, President of the Roanoke Symphony Society, spoke on behalf of the Roanoke Symphony and requested $10,000. 4. Bittle Porterfield, Center in the Square, requested $3,500. 5. Greg Adams, Executive Director, Roanoke Valley Speech and Hearing Center, requested $1,000. 6. John Pendarvis, Family Service of Roanoke Valley, requested $7,000. 7. David Kjolhede and Ed DeLuca, Roanoke Valley Convention and Visitors Bureau, requested $165,000. 8. Lee Wilhelm, Council of Community Services, requested $7,800 for information and referral. 9. John Sabean, Housing Network, requested $1,000. 10. Rita Glinieki, Blue Ridge Community Services, requested $111,786. 11. Susan B. Williams, League of Older Americans Agency on Aging, requested $22,965. 12. Dr. Rupert Cutler, Western Virginia Land Trust, requested $5,000. 206 March 23, 1999 ~ 13. Richard Burrow and Bob Slaughter, National D-Day Memorial Foundation, requested $25,000. 14. Shannon Brabham, Child Abuse Prevention Council, requested $3,500. 15. Beth POff, Director, Mill Mountain Zoo/Blue Ridge Zoological Society, requested $12,000 for operating and $37,000 for capital. 16. Wendy Moore, National Conference for Community Justice/Roanoke Region, requested $500. 17. Elizabeth Tenison, Literacy Volunteers of America-Roanoke Valley, requested $1,000. 18. Kent Chrisman, Executive Director, History Museum and Historical Society of Western Virginia, requested $10,000. 19. Amy Moore, Executive Director, Habitat for Humanity, requested $1,000. 20. Dawn Field, Adult Care Center of Roanoke Valley, requetsed $12,480. 21. Carolyn Schuanhausser, Director of Development, Science Museum of Western Virginia, requested $30,000 for operating and $50,000 for capital. 22. Jean Glontz, Chip of Roanoke Valley, requested $21,600. 23. Roger Ellmore, Executive Director, Explore Park, requested $225,000. 24. Wayne Strickland, President, Arts Council of Blue Ridge, requested $3,500. 25. Jyke Jones, President, Salem/Roanoke County Chamber of Commerce, requested $25,000. March 23, 1999 207 - 26. John H. Turner, Bethany Hall, requested $20,500. 27. David Pruett, Goodwill Industries, requested $14,000. 28. Charles Speck, Jefferson Center Foundation, requested $50,000, for Center Stage. 29. Jonathan Low, Art Museum of Western Virginia, requested $25,000 capital and $10,000 operating. 30. Dick Hawkins, TRUST, requested $10,000. 31. John Levin, Mill Mountain Theater, requested $10,000. 32. Kay Strickland, Virginia Museum of Transportation, requested $15,000 operating and $10,000 capital. 33. Les Hagie, Conflict Resolution Center, requested $8,000. 34. Bill Krause, Opera Roanoke, requested $1,000. 35. June House, Big Brothers-Big Sisters, requested $3,500. 36. Mike Williams, Bradley Free Clinic, requested $6,500. 37. Carol B. Key, Director, Roanoke Valley Court Appointed Special Advocate, requested $2,500. 38. Mark Moorman, Project Director, On our Own in Roanoke Valley, requested $250. 39. Ellen Lankford Brown, TAP, requested $33,504, and $20,741 for the Transitional Living Center. 40. Pamela Irvine, Southwest Virginia Second Harvest Food Bank, 208 March 23, 1999 - F== ~ requested $2,500. 41. Deborah Jessee, Southwest Virginia Ballet, requested $1,000. 42. Michael Chandler, Salem/Roanoke County Food Pantry, requested $8,000. IN RE: CONTINUANCE Mr. Michael Pace, attorney for Triton PCS, requested a continuance of Public Hearing NO.6 until April 27, 1999 in order to meet with the community to resolve some of their concerns. Chairman Johnson ruled that the motion to continue would be taken up at the evening session. IN RE: EXECUTIVE SESSION At 6:20 p.m., Supervisor Johnson moved to go into Executive Session pursuant to Code of Virginia Section 2.1-344 A (7) actual or probable litigation, condemnation proceedings for public road - Wachovia Bank; 2.1-344 A (7) probable litigation, Akers; (3)disposition of public property, Lloyd Property; (7) probable litigation, Woods End School site. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION RESOLUTION March 23,1999 209 R-032399-7 At 7:00 p.m, Supervisor Johnson moved to return to open session and adopt the Certification Resolution The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 032399-7 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive 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 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive 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 member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE:. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Second readinc of an ordinance to rezone approximately 10 acres from R-2 and C-2 conditional to C-2 conditional for retail sales and obtain a Soecial Use Permit for fast food restaurants 210 March 23, 1999 ~ and drive-thrus. located in the vicinity of Brambleton Avenue (Route 221) and Electric Road (Route 419). Cave Spring Magisterial District. upon the petition of Sprinowood Associates LLC. (Terry Harrington. County Planner) 0-032399-8 Mr. Harrington advised that the petitioners are requesting to rezone this property from R-2 and C-2 conditional to C-2 conditional and are requesting a Special Use Permit for up to three fast food restaurants. The Planning Commission recommended denial of the rezoning request because there was not enough information in the site plan and denial of the Special Use Permit because the impacts are unknown and this would set a poor precedent by approving the request. Mr. Harrington reported that Springwood Associates had revised the proffered conditions and have presented a site plan since the Planning Commission met. Supervisor Johnson noted that the County Attorney had concerns with the proffers because there were conditions on property that Springwood Associates did not yet own. Mr. Harrington responded that Springwood now owned the property and problems with proffer #4 had been resolved. In response to a question from Supervisor McNamara, Mr. Harrington advised that there is no requirement that the building would be a single story. Ed. Natt, attorney for Springwood Associates, presented the land use map and reviewed the changes to the proffered conditions. In response to inquiries from the ~ March 23, 1999 bY ~ Board members, he advised that the residents on Hidden Lane would have access to their homes; that there is a 35 foot buffer near Westmoreland and a 15 foot buffer near Hidden Lane; that the development on the 5.26 acre parcel cannot exceed 50,000 square feet of commercial use, but there could be two buildings. The following citizens spoke: 1. Suzanne Seth, 3342 Westmoreland, explained that they were concerned because of the distrust resulting from the Home Depot rezoning, and that they are concerned that there is a "blank check" on what can be built. 2. Patricia Meador, 3812 Antietam Drive, also expressed concern about the use of the property for several fast food restaurants. Supervisor Minnix advised that he shared some of the concerns of the residents, but felt there were now adequate proffers. Supervisor McNamara responded that he felt this was a different request than the one presented to the Planning Commission. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032399-8 TO CHANGE THE ZONING CLASSIFICATION OF APPROXIMATELY 10-ACRES OF REAL ESTATE LOCATED I~ THE VICINITY OF BRAMBLETON AVENUE AND ELECTRIC ROAD (~::.Ip. OF TAX MAP NOS. 77.13-5-35; 1'1".18 r 'J?; 77.13-5-39, 77.13-5-~; ALL OF 40. { 212 CD/'~(!.red pe r c.?ùnf-s.- /7 ?!:: i: Dr ""e::J "1/"'/9",/ c:::>..r)ol .5 /él..5 / ~ 9' )?t~ March 23,1999 - r CqveSpr' J")!) TAX MAP NOS. 77.13-5-43.1; 77.13-5f43.2; 77.13-5-47; 77.13-5-48; 77.13- 5-49; 77.13-5-50; 77.13-5-51) IN THE: 119b.b.ltJ5ì MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-2 AND C-2 :TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS AN GRANTING A SPECIAL USE PERMIT TO OPERATE FAST FOOD RES AU RANTS AND DRIVE-THRUS, UPON THE APPLICATION OF SPRINGWOOD ASSOCIATES LLC ¿VI ~ ' CDMI (..IOF'lS WHEREAS, the first reading of this ordinance was held on February 23, 1999, and the second reading and public hearing were held March 23, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 2, 1999; and WHEREAS, legal notice and advertisement has been provided as required by law. as follows: BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, 1. That the zoning classification of a certain tract of real estate containing approximately 10 acres, as described herein, and located in the vicinity of Brambleton Avenue and Electric Road (Part of Tax Map Nos. 77.13-5-35; 77.13-5-38; 77.13-5-39,77.13-5-40; All of Tax Map Nos. 77.13-5-43.1; 77.13-5-43.2; 77.13-5-47; 77.13-5-48; 77.13-5-49; 77.13-5-50; 77.13-5-51) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-2, Medium Density Residential District, and C-2, General Commercial District, to the zoning classification of C-2, General Commercial District with conditions. 2. That this action is taken upon the application of Springwood Associates LLC. 3. That the Board finds that the granting of a special use permit to Sprin9wood Associates LLC to operate fast food restaurants and drive-thrus to be located in the vicinity of Brambleton Avenue and Electric Road on three parcels designated as Site A, Site B, and Site C on the Conceptual Development Plan prepared by Shanks Associates, dated February 10, 1999, in the Cave Spring Magisterial District is substantially in accord with the adopted 1999 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved. 4. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The large parcel (5.26 acres) will be developed for general commercial use in either one parcel or may be divided into smaller parcels or a commercial condominium for conveyances ~ March 23,1999 2~ and general commercial areas. (2) A buffer strip, as shown on the March 22, 1999 plan, shall be located along the property line adjoining the properties on Westmoreland Avenue. (3) No parking lot light pole shall exceed 22' above grade. (4) No off premises advertising signs shall be allowed on the property. (5) All retaining walls constructed on the property shall be constructed as split faced architectural block or equivalent. (6) The finished floor elevation of any building on the 5.26 acre parcel shall be no higher than 1150 feet. (7) The total square footage to be developed on the 5.26 acre parcel shall not exceed 50,000 square feet of commercial uses. (8) The following C-2 uses shall be prohibited on the 5.26 acre parcel: Home Occupation, Type I; Halfway House; Park and Ride Facility; Post Office; Public Parks and Recreational Areas; Bed and Breakfast; Boarding House; Commercial Outdoor Sports and Recreation; Gasoline Station; Kennel, Commercial; Pawn Shop; Recycling Centers and Stations; Amateur Radio Tower; Parking Facility. (9) The following uses permitted in C-2 with a Special Use Permit shall be prohibited on the 5.26 acre parcel: Automobile Repair Services, Major; Dance Hall; Manufactured Home Sales; Truck Stop; Landfill, Rubble; Transportation Terminal; Outdoor Gatherings; Restaurant, Drive-In and Fast Food. (10) The exterior of all buildings will be constructed of brick, drivit and/or masonry on all sides of buildings. All buildings will be finished to grade with said materials. (11) The property may be developed in substantial conformity with the conceptual development plan prepared by Shanks Associates dated March 22, 1999, attached hereto and made a part hereof. (12) The three parcels designated as Site A, Site B, and Site C on the plans prepared by Shanks Associates dated March 22, 1999, attached hereto, may be developed either for one, two or three fast food restaurants with traffic flow patterns in substantial accordance with the plans attached hereto if Special Use Permits are issued for the same, or should any or all of said sites not be used for fast food restaurants, those 214 March 23, 1999 - portions of the property may be used for any use permitted in a C-2 district other than those which are prohibited on the 5.26 acre parcel by the provisions of these proffers. 5. That said real estate is more fully described as follows: BEGINNING at a point on the northerly side of Virginia Route 419, Electric Road, at the southwesterly corner of the Rite Aid property; thence leaving Route 419 and with the Rite Aid property and proceeding N. 01 deg. 50 sec. 26 min. W. 111.57 feet to a point; thence N. 13 deg. 23 sec. 34 min. E. 116.17 feet to a point; thence N. 82 deg. 29 min. 30 sec. E. 58.55 feet to a point; thence N. 11 deg. 40 min. 25 sec. E. 313.06 feet to a point; thence S. 76 deg. 56 min. 51 sec. E. 1.54 feet to a point; thence N. 23 deg. 09 min. 59 sec. E. 166.11 feet to a point; thence S. 74 deg. 21 min. 55 sec. E. 110.78 feet to a point; thence S. 59 deg. 35 min. 55 sec. E. 519.51 feet to a point; thence s. 38 deg. 31 min. 50 sec. W. 344.09 feet to a point; thence S. 53 deg. 23 min. 02 sec. E. 236.76 feet to a point; thence S. 64 deg. 49 min. 34 sec. W. 101.93 feet to a point; thence S. 55 deg. 31 min. 06 sec. E. 34.13 feet to a point; thence S. 20 deg. 06 min. 28 sec. W. 136.88 feet to a point; thence N. 79 deg. 03 min. 14 sec. W. 359.12 feet to a point; thence N. 64 deg. 54 min. 15 sec. W. 298.98 feet to the point of beginning. 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 Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second reading of an ordinance authorizino a Special Use Permit to construct mini warehouses. located in the 7200 block of Barrens Road. Hollins Magisterial District. uoon the petition of Vauohn Wilburn. (Terry Harrington. County Planner) 0-032399-9 March 23, 1999 215 Mr. Harrington advised that this is a request for a Special Use Permit on a 4.61 acre, C-2 zoned parcel in order to construct and operate mini-warehouses. The property is currently owned by Friendship Manor Apartment Village Corporation and is located in the 7200 block of Barrens Road across from Burlington Elementary School. The sale of the property is pending the approval of the Special Use Permit. The property is designated Transition in the Community Plan. The Planning Commission recommended approval with 5 conditions. Supervisor Johnson advised he was not satisfied with the conditions and recommended additional screening and buffering. Ed Natt, attorney for the petitioner, responded that this was acceptable to the petitioner. Supervisor Johnson requested that the planting be all around the property and that 10 foot Leyland Cypress trees be planted within this planting strip. In response to a question from Supervisor Harrison, Mr. Natt advised that security would be provided by a resident manager who would be living on the property. Supervisor Johnson moved to adopt the ordinance with Condition #1 amended. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032399-9 GRANTING A SPECIAL USE PERMIT TO VAUGHN WILBURN TO CONSTRUCT MINI-WAREHOUSES TO BE LOCATED IN THE 7200 BLOCK OF BARRENS ROAD (TAX MAP NO. 27.13-5-47), HOLLINS MAGISTERIAL DISTRICT 216 - March 23, 1999 WHEREAS, Vaughn Wilburn has filed a petition to construct mlnl- warehouses to be located in the 7200 block of Barrens Road (Tax Map No. 27.13-5-47) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 23, 1999; the second reading and public hearing on this matter was held on March 23, 1999. NOW, THEREFORE BE IT ORDAINED 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 Vaughn Wilburn to construct mini-warehouses to be located in the 7200 block of Barrens Road (Tax Map No. 27.13-5-47) in the Hollins Magisterial District is substantially in accord with the adopted 1999 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1 ) (2) (3) (4) (5) A planting strip as shown on the attached plan entitled "1st Security Self Storage, Roanoke Co., Virginia" prepared by Providence Engineering, dated 3/23/99, shall be provided adjacent to Barrens Road, South Drive, and the Peters Creek Apartments. Leyland Cypress trees shall be planted within this planting strip. The trees shall be a minimum of 10' in height at the time of planting and shall be planted no more than 5' on center. The outside wall on the front building located on Barrens Road and the outside wall on the building parallel to Peters Creek Road will be of a concrete Tiltwall construction with stucco or textured swirl finish. This construction shall include the office. The color of the buildings and doors shall be nonreflective and of an earthtone colors to blend with the Carilion facility and the Peters Creek Apartments. The signage shall conform to all of the C-1 sign standards instead of C-2 standards. The C-1 sign standards allow for 0.5 square feet of signage per foot of road frontage, a maximum freestanding sign height of 15 feet, and sets a limit of (4) four signs for the business. The mini-warehouse buildings shall be located on the site and access to the site shall be in substantial conformity with the Layout, Access & Landscaping Plan for the 1 st Security Self March 23, 1999 217 Storage plan prepared by Providence Engineering under date of December 29, 1998. 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 Johnson to adopt the ordinance with condition #1 amended, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. DENIAL of Second readino of an ordinance authorizing a Special Use Permit to operate a used automobile dealership. located at 7650 Williamson Road. Hollins Magisterial District. upon the petition of Hash Investments LLC. (Terry Harrington. County Planner) 0-032399-10 - Denial Mr. Harrington reported that this Special Use Permit is for a parcel of approximately 1.23 acres. The property is currently zoned C-2 Commercial and is designated as Core in the Community Plan. This use change conforms to the goals and objectives of the plan. There is an existing structure on the property which was formerly used as a restaurant. The immediate surrounding environs consists of mostly commercial uses, with Hollins University and an apartment complex down the street to the east of the property. The Planning Commission recommended approval with conditions. In response to questions from Supervisor Nickens, Mr. Harrington advised 218 March 23, 1999 - that he was not aware of whether the car wash would use reclaimed water or whether there would be security fencing. Dan Frith, attorney for the petitioner, explained that the property has been vacant for two years and has fallen into disrepair. The petitioner has worked with the Planning staff and Commission to conform to the surrounding neighborhood. Supervisor Johnson advised that he felt the use did not fit in with the changes being made in that area of Williamson Road and moved to DENY the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None DENIAL OF ORDINANCE 032399-10 GRANTING A SPECIAL USE PERMIT TO HASH INVESTMENTS, LLC TO OPERATE A USED AUTOMOBILE DEALERSHIP LOCATED AT 7650 WILLIAMSON ROAD (TAX MAP NO. 27.11-1-24.1), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Hash Investments, LLC has filed a petition to operate a used automobile dealership located at 7650 Williamson Road (Tax Map No. 27.11-1-24.1) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 23, 1999; the second reading and public hearing on this matter was held on March 23, 1999. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Johnson to DENY the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ March 23, 1999 219 4. Second reading of an ordinance to rezone 14.7 acres from AG-1 to R-1 to construct sinole family detached residences. located on the west side of Wildwood Road. north of 1-81. Catawba Magisterial District. upon the petition of Wildwood Development Inc. (Terry HarrinÇlton. County Planner) 0-032399-11 Mr. Harrington reported that this rezoning request is for 14.7 acres at the intersection of Goodwin Avenue and Wildwood Road from AG1 to R1 for single family residential development. The site is designated Neighborhood Conservation in the Community Plan. The property has been identified as a desirable location for a regional stormwater management facility in the Roanoke Valley Regional Stormwater Management Plan. In addition, Dry Branch, which flows through the property has been identified as a desirable greenway corridor in the Roanoke Valley Greenway Plan. The proposed development is consistent with the policies and guidelines of the Community Plan. The petitioner is working with the County to make sure it does not interfere with the regional stormwater management plan. In response to questions from Supervisor Harrison, Mr. Harrington advised that he was satisfied with the stormwater runoff plan and that they are zero lot sizes which could be as small as 5800 square feet. Supervisor Nickens inquired about recreation and green space, but Mr. Harrington explained that this is not a Planned Residential Development (PRD) zoning so there is no requirement for green space. 220 March 23, 1999 - Supervisor Harrison advised he had concerns about how the neighborhood will ultimately look but moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032399-11 TO CHANGE THE ZONING CLASSIFICATION OF A 14.7-ACRE TRACT OF REAL ESTATE LOCATED ON THE WEST SIDE OF WILDWOOD ROAD (TAX MAP NOS. 45.01-1-8; 45.01-1-9; 45.01-1-13) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG-1 TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF WILDWOOD DEVELOPMENT, INC. WHEREAS, the first reading of this ordinance was held on February 23, 1999, and the second reading and public hearing were held March 23, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 2, 1999; and WHEREAS, legal notice and advertisement has been provided as required bylaw. 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 14.7 acres, as described herein, and located on the west side of Wildwood Road (Tax Map Numbers 45.01-1-8; 45.01-1-9; 45.01-1-13) in the Catawba Magisterial District, is hereby changed from the zoning classification of AG-1, Agricultural/Rural Low Density District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Wildwood Development, Inc. 3. That the owners of the property have voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The developer shall grant a storm water management easement along Dry Branch for a potential regional storm water management facility. The easement shall include the 100 year floodway, as designated by FEMA, and the boundaries of the open space parcel as it is generally ~. March 23, 1999 221 - represented on the concept plan dated March 1, 1999, prepared by T.P. Parker and Son. Actual location of storm water management easement to be based on subdivision map. (2) The developer shall grant a green way easement on the east side of Dry Branch. The width of the easement shall extend from the eastern edge of Dry Branch, at bank full width, toward the new development for a width of 30 feet. (3) The development shall be served by a new public street, with one intersection to Wildwood Road. No new driveway shall connect to Goodwin Avenue or Wildwood Road, with the exception of the lot at the intersection of Wildwood Road and Goodwin Avenue, which does not have frontage on the new public street. 4. That said real estate is more fully described as follows: BEGINNING at a point in the center of Wildwood Road (Va. Secondary Route 619) with its intersection with the center of Goodwin Avenue (Va. Secondary Route 635); thence following the center of Wildwood Road, S. 39 deg. 21 min. 02 sec. E. 158.54 feet to a point; thence continuing with Wildwood Road, S. 47 deg. 48 min. 30 sec. E. 33.48 feet to a point, corner to the 1.00 acre tract herein described and the adjoining 11.320 acre tract owned by the Estate of Estelle LaPrade Walker; thence with a line between the 1.00 acre tract and the 11.320 acre tract, S. 24 deg. 17 min. 55 sec. W. 486.85 feet to a point in the center of Goodwin Avenue, being also the center of a bridge crossing a creek; thence with the center of Goodwin Avenue, N. 6 deg. 58 min. 49 sec. E. 194.04 feet to a point; thence continuing with the center of Goodwin Avenue, N. 6 deg. 07 min. 39 sec. E. 301.24 feet to a point; thence continuing with the center of Goodwin Avenue and the property herein described, N. 11 deg. 16 min. 15 sec. E. 98.59 feet to the Point of Beginning and being a parcel of land containing 1.00 acres and being Tax Map No. 45.01-1-8. BEGINNING at a point on the west side of Wildwood Road (Va. Secondary Route 619), said point being on the northerly right-of-way line of Interstate 81; thence leaving Wildwood Road and following the northerly right-of-way line of Interstate 81 and the 2.409 acre tract herein described, S. 56 deg. 51 min. 22 sec. W. 252.37 feet to a point in the center of a creek, corner to the William E. Lee property; thence following the center of said creek with a line between the Lee property and the property herein described, N. 84 deg. 53 min. 07 sec. W. 155.33 feet to a point; thence continuing up the creek in between said properties, N. 83 deg. 05 min. 33 sec. W. 54.61 feet to a point; thence continuing up said creek, N. 79 deg. 07 min. 27 sec. W. 67.31 feet to a point, corner to the property of the Estate of Estelle LaPrade Walker; 222 March 23, 1999 - thence with a line between the Walker property and the property herein described N. 37 deg. 30 min. 50 sec. E. 539.88 feet to a point on the west side of Wildwood Road; thence with the west side of Wildwood Road and the property herein described, S. 25 deg. 40 min. 00 sec. E. 252.12 feet to a point; thence with a curve to the left whose arc is 96.15 feet and whose radius is 602.96 feet (chord equals S. 30 deg. 14 min. 06 sec. E. 96.05 feet) to the Point of Beginning, and being a parcel of land containing 2.409 acres and being the property of Pamela H. Bell, Roanoke County Tax Map No. 45.01-1-13. BEGINNING at a point in the center of Wildwood Road (Va. Secondary Route 619), said point being the northeasterly corner of the Estate of Estelle LaPrade Walker property and on the line extended of the Pamela H. Bell property; thence leaving said Point of Beginning and following a line between the Walker property and the Bell property, S. 37 deg. 30 min. 50 sec. W. 587.63 feet to a point in the center of the creek on the line of the William E. Lee property; thence generally up the center of the creek, N. 76 deg. 15 min. 10 sec. W. 169.77 feet to a point; thence continuing up the creek, N. 63 deg. 14 min. 26 sec. W. 41.23 feet; thence continuing up the creek between the Lee property and the property herein described, N. 45 deg. 44 min. 20 sec. W. 110.33 feet to a point; thence continuing up the creek, N. 12 deg. 01 min. 52 sec. E., leaving the Lee property, then with the Clyde A. Hartman property and the property herein described, a total of 293.74 feet to a point, corner to the Harry L. Wimmer property; thence with a line between the Wimmer property, then the Aubrey Desper property and the property herein described, N. 5 deg. 28 min. 08 sec. W. 215.00 feet to a point; thence generally up the creek, continuing with the Desper property and the property herein described, N. 44 deg. 23 min. 08 sec. W. 40.00 feet to a point; thence continuing up the creek, N. 63 deg. 18 min. 08 sec. W. 152.00 feet to a point in the center of Goodwin Avenue (Va. Secondary Route 635) and in the center of the bridge; thence leaving Goodwin Avenue with a line between the property herein described and a 1.00 acre tract also owned by the Estate of Estelle LaPrade Walker, N. 24 deg. 17 min. 55 sec. E. 486.85 feet to a point in the center of Wildwood Road (Va. Secondary Route 619); thence with the center of Wildwood Road, S. 47 deg. 48 min. 30 sec. E. 92.46 feet to a point; thence continuing with the property herein described and following the center of Wildwood Road, S. 50 deg. 08 min. 28 sec. E. 207.83 feet to a point; thence continuing with the center of Wildwood Road, S. 47 deg. 43 min. 07 sec. E. 149.55 feet to a point; thence with a curve to the right and following the center of Wildwood Road whose length is 145.74 feet and whose radius is 366.10 feet (chord equals S. 36 deg. 18 min. 51 sec. E. 144.78 feet to a point); thence continuing with the property March 23,1999 223 - herein described and the center of Wildwood Road, S. 24 deg. 54 min. 34 sec. E. 220.66 feet to a point; thence continuing to the center of Wildwood Road, S. 23 deg. 55 min. 01 sec. E. 108.31 feet to the Point of Beginning and being a parcel of land containing 11.320 acres, and being Roanoke County Tax Map No. 45.01-1-9. 5. 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 Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 5. Second readino of ordinance to rezone 11.66 acres from C-2 conditional to C-2 conditional to amend the existing condition and obtain a Special Use Permit to construct a 160 foot cellular monopole tower. located at 925 North Electric Road. Catawba Maoisterial District. upon the petition of Triton PCS (Pinkerton Chevrolet). (Terry Harrington. County Planner) 0-032399-12 Mr. Harrington reported that the Planning Commission first heard this petition on February 2, and heard the request again on March 16. The Planning Commission expressed concern about the height of the tower, whether the petitioner has exhausted other opportunities for location and whether it was feasible for other companies to co- locate on the pole. After the Planning Commission public hearing in February, Triton PCS 224 March 23, 1999 - submitted additional coverage maps for the Pinkerton Chevrolet site for tower heights of 160 feet, 140 feet and 120 feet. They show that coverage along the 419 and 1-81 corridors is provided at all three heights but the type of coverage diminishes as the tower height lowers. The Planning Commission recommended denial of the Special Use Permit by a 4 to 1 vote. In response to a question from Supervisor Nickens, Mr. Harrington explained that they were prohibited by law to evaluate the type of magnetic waves that are emitted. Michael Pace, attorney for the petitioner, advised that it was his understanding that there was no citizen opposition to this request. He explained that Triton PCS is licensed by the FCC. He reminded the Board that he sent a packet of information to the Board prior to the public hearing. He explained the difference between analog and digital cellular technology; that digital transmits at a higher frequency and travels relative short distances. It is inflexible and operates on a line of sight distance and will be interrupted if there is a mountain, hill or structure between towers. As a result, digital towers are required to be higher and closer to each other in order to provide a direct line of sight to another tower. Mr. Pace advised that Triton has been looking at sites for the last year and a half, and that although the Planning Commission's concern was the height and visibility, 160 feet is the minimum height needed. Supervisor Harrison advised that he felt the petitioner is attempting to live up to the policies established by the County and asked if it would be better to place the March 23,1999 225 tower on the motel property across the street. Mr. Pace responded that they looked at all possible sites and went to the Quality Inn and Budget Hotel and were denied. Supervisor Nickens asked about the difference between digital and magnetic and microwave systems. Mr. Pace responded that the FCC stringently regulates this industry and there is no evidence that there is anything harmful. Supervisor Harrison moved to adopt the ordinance. Supervisor Nickens asked for an answer to his earlier question, and Supervisor Harrison suggested that he wait until the next Triton petition. Supervisor Harrison's motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032399-12 TO CHANGE THE ZONING CLASSIFICATION OF A 11.66-ACRE TRACT OF REAL ESTATE LOCATED AT 925 NORTH ELECTRIC ROAD (TAX MAP NO. 36.15-1-11) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-2, AND GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A 160 FOOT CELLULAR MONOPOLE TOWER, UPON THE APPLICATION OF TRITON PCS, INC. (PINKERTON CHEVROLET) WHEREAS, the first reading of this ordinance was held on February 23, 1999, and the second reading and public hearing were held March 23, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 2, 1999; and reconsidered the matter on March 16, 1999; and reviewed the Findings of Fact which are attached to this ordinance as Exhibit 1; and WHEREAS, legal notice and advertisement has been provided as required bylaw. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board concurs in the Findings of Fact attached to this 226 March 23,1999 - ordinance as Exhibit 1; and 2. That the zoning classification of a certain tract of real estate containing 11.66 acres, as described herein, and located at 925 North Electric Road (Tax Map Number 36.15-1-11) in the Catawba Magisterial District, is hereby changed from the zoning classification of C-2, General Commercial District, with conditions, to the zoning classification of C-2, General Commercial District, with amended conditions. 3. That this action is taken upon the application of Triton PCS, Inc. 4. That the Board finds that the granting of a special use permit to Triton PCS, Inc. to construct a 160 foot cellular monopole tower to be located on a 11.66-acre tract of real estate located at 925 North Electric Road (Tax Map No. 36.15-1-11) in the Catawba Magisterial District is substantially in accord with the adopted 1999 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) Only a monopole broadcasting tower design with 9 Panel antennas shall be permitted. 2) The final site development plan shall generally conform with the "Land Survey" site plan prepared by Atlantis Group, Inc. on October 15, 1998. 3) The tower structure, antenna, and all attached support hardware shall be a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. In addition, any other accessory structures and fencing shall be of a material and color that blends into the landscape, reducing visibility and light reflection. 4) The 1500 square foot area shall be either enclosed with a 8' high wood privacy fence or evergreen shrubs a minimum of 6' in height shall be planted around the chain link fenced area screening it from surrounding views. 5) No lighting shall be installed on the tower structure or equipment building except for security lighting not to exceed a height of 25 feet in height, except as may be required by the FAA or other governmental or regulatory agency. 6) The tower shall be structurally designed to carry sufficient loading, and the site have the potential to accommodate the additional equipment necessary for at least three other vendors/providers of communications services, in order to minimize the proliferation of towers in the vicinity of this site. In addition, by executing the special use permit requested, the applicant agrees to make the tower available for lease within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required for the additional capacity. March 23, 1999 227 - 7) If the use of the tower structure for wireless communications is discontinued, the tower structure shall be dismantled and removed from the site within 30 days of notice by the County and the special use permit shall become void. 5. That in 1984 rezoning of this property the owner of the property voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, accepted and the Petitioner/Owner is now requesting be removed: (1) TRat the real ¡;;re :lerty ',yl'1ieM is tl'1e subject of tRis rezeflin¡j Fe~ut:3t b8 u3cd onl) 83 a FlCJw ear eJ~alcr3hip. 6. That said real estate is more fully described as all of Tax Map No. 36.15-1-11 containing 11.66 acres. 7. 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 Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None EXHIBIT 1 ROANOKE COUNTY PLANNING COMMISSION FINDINGS OF FACTS AND CONCLUSIONS Mach 16, 1999 PETITION: Triton PCS, Inc. Pinkerton Site FILE NO.: 4 - 2/99 Finding of Fact SUDDorting ApDroval of the Tower: 1. The proposed tower is not located on the ridge line of a prominent mountain, within a critical viewshed of the Blue Ridge Parkway or Appalachian Trail, or adjacent to an area designated as being an area of historic, ecological, or cultural importance. The telecommunications facility provides the opportunity for the co-location of three other providers. The proposed tower site is currently served by existing roads and utilities. 2. 3. 228 March 23, 1999 = 6. Second readina of ordinance authorizino a Soecial Use Permit to construct a 120 foot cellular monopole tower. located at 1887 Electric Road. Windsor Hills Magisterial District. uoon the petition of Triton PCS (Good Shepherd Church). (Terry Harrington. County Planner) Mr. Pace, attorney for the petitioner, had previously requested that action on this request be continued to April 27, 1999. Mr. Harrington advised that the Planning Commission considered this request on February 2 and March 16. The Planning Commission recommended denial because of the negative visual impact of the tower. The public hearing was held and the following citizens spoke in opposition because the location is too close to Oak Grove Elementary School and Good Shepherd Preschool, the visual impact, and the potential hazards of the tower. The following citizens spoke in opposition. 1. Jim Leonard, 1935 Hope Road, who also offered photographs of how the tower will look. 2. Elana DeRosa, 5102 Sugar Loaf Drive 3. Jeremy Kulosine, 1707 Bridle Lane 4. Janet Shaner, 3891 Hyde Park Drive 5. Frank Aprile, 5102 Sugar Loaf Drive Michael Pace, attorney for the petitioner, requested a continuance to allow March 23, 1999 229 - the petitioners to schedule a community meeting with the residents. Supervisor Johnson requested that they include technical information on health and safety, and suggested that someone with knowledge of electromagnetic wave technology from Virginia Tech be invited to speak at the community meeting. Supervisor Nickens asked staff to evaluate the photographs presented by Mr. Leonard. Supervisor McNamara moved to continue this item until April 27, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 7. Reconsideration of an Ordinance to rezone 11.93 acres from AG- 3 toAR and obtain a Special Use Permit to allow a 9-hole golf course. located in the 2600 block of Rutrough Road. Vinton Maoisterial District. uoon the petition of Randall Wayne Brown. (Terry HarrinQton. County Planner) 0-032399-13 Mr. Harrington explained that the Board of Supervisors held a public hearing on this request on January 26 and voted to deny the petition. On February 9, the Board approved a motion to reconsider the request and scheduled a public hearing on the reconsideration for March 23. The following citizens spoke in support of the request: 230 March 23,1999 = 1. Lacy McClain, 3101 Maywood Road 2. Larry Mayhew, 2740 Rutrough Road Supervisor Nickens reported that at the January 26 public hearing there was some misunderstanding of the request and lack of community support for the rezoning. Since that time, there was a community meeting where technical experts explained the project. At the conclusion of the meeting, the community embraced the request. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032399-13 TO CHANGE THE ZONING CLASSIFICATION OF A 11.93-ACRE TRACT OF REAL ESTATE LOCATED IN THE 2600 BLOCK OF RUTROUGH ROAD (TAX MAP NO. 79.02-1-23.2) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG- 3 TO THE ZONING CLASSIFICATION OF AR AND GRANTING A SPECIAL USE PERMIT TO ALLOW A 9-HOLE GOLF COURSE ON TAX MAP NO. 79.02-1-23.2 AND 79.02-1-21, UPON THE APPLICATION OF RANDALL WAYNE BROWN WHEREAS, the first reading of this ordinance was held on November 17, 1998, and the second reading and public hearing were held January 26, 1999, at which time this rezoning was denied; and WHEREAS, on February 9, 1999, a motion to reconsider the denial of this rezoning was approved, advertisements of the reconsideration were published twice in the local newspaper, and this matter was placed on the March 23, 1999 agenda for reconsideration; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 1, 1998 and January 5, 1999; 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, March 23, 1999 231 - as follows: 1. That the zoning classification of a certain tract of real estate containing 11.93 acres, as described herein, and located in the 2600 block of Rutrough Road (Tax Map Number 79.02-1-23.2) in the Vinton Magisterial District, is hereby changed from the zoning classification of AG-3, Agriculture/Rural Preserve District, to the zoning classification of AR, Agriculture/Residential District. 2. That this action is taken upon the application of Randall Wayne Brown. 3. That the Board finds that the granting of a special use permit to Randall Wayne Brown to allow a 9-hole golf course to be located in the 2600 block of Rutrough Road (Tax Map No. 79.01-2-23.2 and 79.01-2-21) in the Vinton Magisterial District is substantially in accord with the adopted 1999 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) Lighting shall be limited to the last three holes on the golf course. (2) Height of the light poles shall be limited to a maximum of 24 feet. (3) Lights shall be turned off % hour after sundown. 4. That said real estate (Tax Map No. 79.02-1-23.2) subject to the rezoning is more fully described as follows: BEGINNING at an iron pin on the southerly side of Rutrough Road (Va. Sec. Rt. 658) said point also being the southeast corner of a 30 ft. right of way over that certain tract or parcel of land containing 0.48 acre as shown on plat of survey for Denise L. St. Clair of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Deed Book 1048, page 583; thence along the southerly side of Rutrough Road with a curve to the left whose radius is 1,847.28 feet an arc of 318.65 feet and whose chord bearing distance is S. 50 degs. 24' 30" E. 318.25 feet to an iron pin; thence continuing with the south side of Rutrough Road S. 55 deg. 21' E. 428.20 feet to an iron pin; thence leaving Rutrough Road S. 55 deg. 19' W. 615.36 feet to a white oak; thence N. 40 deg. 29' W. 306.46 feet to an iron pin on westerly side of post; thence S. 47 deg. 38' W. 330.12 feet passing a double chestnut oak to an iron pin; thence N. 73 deg. 35 W. 244.80 feet to an iron pin; thence N. 34 deg. 07' E. 355.20 feet to an iron pin; thence with a curve to the left with a radius of 67.36 feet a tanger of 36.06 feet and whose chord bearing distance is N. 5 deg. 57' 30" E. 63.58 feet to an iron pin; thence N. 22 deg. 12' W. 158.87 feet to an iron pin; thence with a curve to the right whose radius is 50.00 feet, a tangent of 31.35 feet and whose chord bearing distance is N. 9 deg. 53' 30" E. 53.13 feet to an iron pin; thence N. 41 deg. 59' E. 419.91 feet to the Place of Beginning and being 11.934 acres as 232 March 23, 1999 shown on survey dated February 12, 1976, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, VA, in Deed Book 1048, page 583. 5. 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 Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 8. Second reading of ordinance to vacate as public right-of-wav a portion of Garman Road recorded in Plat Book 3. Page 51. located in the Catawba Magisterial District. upon the oetition of Roanoke County and Kroger Company. (Arnold Covey. Director of Community Development) 0-032399-14 There was no discussion and no citizens present to speak on this request. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032399-14 VACATING AND CLOSING AS PUBLIC RIGHT- OF-WAY A PORTION OF GARMAN ROAD (RT. 929) SHOWN IN PLAT BOOK 3, PAGE 51 (CATAWBA MAGISTERIAL DISTRICT) March 23,1999 233 - WHEREAS, Roanoke County and the Kroger Company (Topvalco, Inc.), the Petitioners, have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close as public right-of-way a portion of Garman Road, measuring fifty feet (50') in width and 0.16 miles in length, extending from West Main Street (Route 11/460), being shown and dedicated on plat of Fort Lewis Estates, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, Page 51; and, WHEREAS, the Kroger Company (Topvalco, Inc.), is the owner of the parcels of land adjacent to Garman Road, said parcels being designated on the Roanoke County Land Records as 55.03-3-3, 55.03-3-4, 55.03-3-5, 55.03-3-6, 55.03-1-20 and 55.03-1-21, in the Catawba Magisterial District; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on March 9, 1999; the public hearing and second reading of this ordinance was held on March 23, 1999. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of right-of-way, situate in the Catawba Magisterial District and known as Garman Road, measuring fifty feet (50') in width and 0.16 miles in length, extending from West Main Street (Route 11/460), as shown on plat of Fort Lewis Estates, recorded in the aforesaid Clerk's Office in Plat Book 3, Page 51, be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual water line easement, twenty feet (20') in width, and extending southeasterly from West Main Street (Route 11/460) a distance of 0.16 miles, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future water lines, pipes, facilities, system and other necessary or related structures, appurtenances and improvements, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown and designated as "20' WATERLINE EASEMENT BEING RESERVED BY ROANOKE COUNTY" on the plat entitled 'A Portion of Garman Road - To be Vacated and Waterline Easement - Being Reserved by Board of Supervisors of Roanoke County, Virginia' prepared by Lumsden Associates, P. C., dated March 4, 1999, attached hereto and made a part hereof. 234 March 23, 1999 - b. That fee simple title to the centerline of Garman Road shall vest in the owners of the abutting properties as provided in §15.2-2274 of the Code of Virginia (1950, as amended), subject to the above-described water line easement and subject to the condition that the vacated area of land shall be added and combined, by deed or by plat, to said abutting properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. c. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners; and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be· necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 9. Second reading of ordinance to vacate as public rights-of-way Washington Road recorded in Plat Book 1. page 363. Pinkard Court Subdivision in the Cave Soring Maoisterial District uoon the petition of Lowe's Corporation. (Arnold Covey. Director of Community Development! 0-032399-15 There was no discussion and no citizens present to speak on this request. March 23,1999 235 Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 10. Second readino of ordinance to vacate a oortion of a 15-foot drainaoe easement on plat showino section no. 1. Edoemont of Vinton. plat book 16. pg 41. and further shown on lot 5. block 3. section 2. Edgemont of Vinton. Plat Book 18. oage 130. and revised olat of section 2. Edoemont of Vinton. Plat Book 18. cage 171. in the Vinton Magisterial District (tax map no. 61.02-7-1). (Arnold Covey. Director of Communitv Development) 0-032399-16 There was no discussion and no citizens present to speak on this request. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032399-16 TO VACATE A PORTION OF A 15-FOOT DRAINAGE EASEMENT ON PLAT SHOWING SECTION NO.1, EDGEMONT OF VINTON, PLAT BOOK 16, PAGE 41, AND FURTHER SHOWN ON LOT 5, BLOCK 3, SECTION 2, EDGEMONT OF VINTON, PLAT BOOK 18, PAGE 130, AND REVISED PLAT OF SECTION NO.2, 236 March 23,1999 ~ EDGEMONT OF VINTON, PLAT BOOK 18, PAGE 171, IN THE VINTON MAGISTERIAL DISTRICT (TAX MAP NO. 61.02-7-1) WHEREAS, by subdivision plat entitled 'PLAT SHOWING SECTION NO.1 "EDGEMONT OF VINTON,", dated September 10,1993, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 16, page 41, a fifteen-foot (15') drainage easement was shown and created on remaining portion of Tax #61.02-1-52, Property of C. & S. Development Corp., the subject easement being designated on said plat as "NEW 15' D.E."; and, WHEREAS, by said subdivision plat entitled 'PLAT OF SUBDIVISION FOR C. & S. DEV. CORP. CREATING HEREON SECTION NO.2, "EDGEMONT OF VINTON''', dated February 24, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 130, the existing fifteen-foot (15') drainage easement was shown on Lot 5, Block 3, Section 2, the subject easement being designated on said plat as "EXIST. 15' DE"; and WHEREAS, the subject easement is further shown on Lot 5, Block 3, Section 2 of 'PLAT OF SUBDIVISION FOR C. & S. DEV. CORP. CREATING HEREON REVISED SECTION NO.2 "EDGEMONT OF VINTON"', dated February 24, 1995, revised May 20, 1996, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 171, and designated on said plat as "EXIST. 15' DE"; and, WHEREAS, the Petitioner, Charles R. Simpson, has requested that the above-described existing 15' drainage easement, be vacated, and the current owners of Lot 5, Block 3, Section 2, Edgemont of Vinton, Charles E. Jones, Jr. and Deborah C. Jones, concur with the request; and, WHEREAS, the construction of a proposed dwelling on Lot 5 will result in an encroachment on the subject drainage easement and the Petitioner has requested that it be vacated pursuant to § 15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on March 9, 1999, and the public hearing and second reading of this ordinance was held on March 23, 1999. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the drainage easement being designated and shown as "Easement to be Vacated" on Exhibit A attached hereto, said easement having been dedicated on 'PLAT SHOWING SECTION NO.1 "EDGEMONT OF VINTON"', dated September 1 0, 1993, and recorded in the aforesaid Clerk's Office in Plat Book 16, page 41, and further shown on 'PLAT OF SUBDIVISION FOR C. & S. DEV. CORP. CREATING HEREON SECTION NO.2, "EDGEMONT OF VINTON"', dated February 24,1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 130, and further shown on March 23,1999 237 - 'PLAT OF SUBDIVISION FOR C. & S. DEV. CORP. CREATING HEREON REVISED SECTION NO.2 "EDGEMONT OF VINTON"', dated February 24, 1995, revised May 20, 1996, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 171, in the Vinton Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 11. Second readino of an ordinance to obtain a Special Use Permit 0-032399-17 to construct a hioh school. located on the west side of Brambleton Avenue. west of Pleasant Hill Drive. south of Farminoton Drive. Windsor Hills Magisterial District. upon the petition of Roanoke Countv School Board. (Terry Harrington. County Planner) Supervisor Nickens moved to adopt the ordinance with changes to the first condition, and deletion of conditions #2 and #7. He explained that he felt this would save 238 March 23,1999 - time and he felt the Board and School Board agreed upon this action when the exchange of land at Merriman Park took place. He also expressed disappointment with the School Board and some citizen activists for the efforts to intimidate others who didn't agree with them on this issue. Supervisor Johnson responded that he would not recognize the motion because the people present have their right to speak and be heard. Jack Eidich, project manager with SFCS, and Jack Allenwood, engineer with Engineering Concepts, made the presentation on behalf of the School Board. Mr. Eidich described the site plan and general layout of the proposed school, parking areas and recreational areas. The plans also show the possible access routes. The plan shows a desire to preserve existing treeslwooded areas between the school and Canter Drive, and along Mudlick Creek in the areas around the proposed recreation areas. Access to the school involves an upgrade to Pleasant Hill Drive and an extension of Arthur Thurman Road or an extension of Pleasant Hill Drive. Mr. Allenwood reported that public water and sewer are available to serve the site and other public utility providers are located in the surrounding areas and can be extended to the site. The Concept Plan shows the location of a small on-site stormwater management pond which would be designed to accommodate the expected flows and would discharge the stormwater in a way to protect downstream property owners. Another option is to use the undeveloped portions of the site on Mudlick Creek for a regional stormwater detention facilities as proposed in the Roanoke Valley Regional Stormwater March 23,1999 239 = Management Plan. Supervisor Johnson asked School Superintendent Deanna Gordon if the condemnation resolution approved by the School Board was sufficient to access the property. Dr. Gordon responded affirmatively but advised they are still negotiating to purchase the property. The following citizens spoke in support of the site but in opposition to using Pleasant Hill Drive as the access to the school primarily because of safety issues and lack of traffic signals: 1. Pete Krammer, 4459 Brentwood Court 2. Susan Singleton, 4819 Lange Lane 3. Mike Driscoll, 4811 Lange Lane 4. Lynn Johnson, 4490 Brentwood Court 5. Cheryl A. Myers, 4453 Brentwood Court 6. Mark Sidell, 4759 Chippenham 7. Steve Jacobs, 4840 Pleasant Hill 8. Sharon Sidell, 4759 Chippenham 9. Angela Mitchell, 4586 Shrewsbury Court 10. John Webster, 4576 Shrewsbury Court 11. Jeannine Hansen, 4577 Chippenham Drive The following citizens spoke in support of the proposed site for the high school: 240 March 23, 1999 - 1. Tabitha Rand, 2317 Stallion Circle 2. Patsy Ford, 2626 Southwoods Drive 3. Steve Noble, 5376 Canter Drive 4. Nancy Hughes, 2506 Sharmar Road 5. Michele Morgan, 4956 Wing Commander Drive 6. John E. Boon, sr. 3523 Farmington Drive (also supported the Pleasant Hill access road) 7. Becky Crite, 3626 Kentland Drive 8. Mike Wray, 5650 Yellow Mountain Road Other citizens spoke on issues as follows: 1. James Garris, 3108-D Honeywood Lane, expressed concern about the delays in the project and urged support. 2. James Malloy, 4557 Chippenham Drive, expressed concern about potential stormwater runoff. 3. Cryus Makoui, 4465 Brentwood Court, expressed concerns about vandalism, safety and loss of privacy if the school is built at Woods End. 4. Joyce Waugh, 3522 Holland Drive, spoke in opposition to use of Holland Drive and Farmington because these roads would be worse than Pleasant Hill. 5. Lynn Johnson asked Supervisor Nickens how he felt he could guarantee that a traffic light will be installed. Supervisor Nickens responded that the Virginia Department of Transportation will approve the installation because the government will petition for the light. March 23, 1999 241 - - Following discussion on the access road problems at this site and at many other schools in the County, Supervisor McNamara moved to adopt the ordinance with the deletion of Conditions #2 and #7. Supervisor Nickens offered a suggested change to the language in condition #1 which was accepted by Supervisor McNamara. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: Supervisor Nickens ORDINANCE 032399-17 GRANTING A SPECIAL USE PERMIT TO THE ROANOKE COUNTY SCHOOL BOARD TO CONSTRUCT A HIGH SCHOOL TO BE LOCATED ON THE WEST SIDE OF BRAMBLETON AVENUE, WEST OF PLEASANT HILL DRIVE, SOUTH OF FARMINGTON DRIVE (TAX MAP NOS. 76.20-6-16, 86.07-1-1, 86.08-4-33 ), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, the Roanoke County School Board has filed a petition to construct a high school to be located on the west side of Brambleton Avenue, west of Pleasant Hill Drive, south of Farmington Drive (Tax Map Nos. 76.20-6-16, 86.07-1-1, 86.08-4-33) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 23, 1999; the second reading and public hearing on this matter was held on March 23, 1999. NOW, THEREFORE BE IT ORDAINED 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 the Roanoke County School Board to construct a high school to be located on the west side of Brambleton Avenue, west of Pleasant Hill Drive, south of Farmington Drive (Tax Map Nos. 76.20-6-16, 86.07-1-1, 86.08-4-33) in the Windsor Hills Magisterial District is substantially in accord with the adopted 1999 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1 ) Development of the Woods End property will be guided by 'fhe site "ill be developed in gencral conformance with the Concept Plan and Concept Diagram prepared by SFCS and 242 March 23, 1999 = Concept Plan and Concept Diagram prepared by SFCS and dated 1/25/99. Site facilities shown on the Concept Plan may be located and expanded within the general areas portrayed on the Concept Diagram. All proposed recreation areas shall be passive field areas with the exception of proposed track, baseball/softball field, and tennis courts. Parking may be provided for the recreation areas. The tennis courts may be relocated to any designated recreation area. f27 VeAicular aeÅ“33 to tAe 3ile 319all be limited to either aFl exteFlsieFl of rlea3aFlt Ilill Dri\e or aFl exteFlsioFl of Art19ur ThurmaFl Road to tlge site. IlollaFld Road may be exteFlded to 3rovide for emergency ser.ice \eAicles oFlly. ;, gate or olher means shall be 3Fe.ided 16 eFlsure that FlOFl emergency traffic does not access tlge site from tAis Feute. Tlge existiFlg 3ri/ate drive from rarmington Drive serviFlg tAe single family Aome on the pro¡;¡eFty 319all be closed to .'eAieular traffic, but may be used for pedestrian access t6 tAe recreation areas. (2) f37 An area of the site as generally shown on a conceptual plan entitled Mudlick Regional Storm water Management Facility and dated March 2, 1999 shall be reserved and permanently set aside by easement for the possible development of a regional Storm water detention facility. Only passive recreational facilities, the shown access road, and a green way shall be allowed within this general area. (3) t47 A minimum 30 foot wide area along the entire length of Mudlick Creek from Canter Drive to Farmington Drive shall be set aside and reserved by easement or other suitable instrument for a possible future green way on the property. The exact location of this green way area will be determined at site plan review and approval. (4) f5t If a regional Storm water detention facility is constructed on this property, construction of the facility shall incorporate the installation of a paved 10 foot wide green way trail along the entire length of the above referenced green way easement area. (5) f67 Final site plans for the property shall show all required screening and buffering areas as required by·the Roanoke March 23, 1999 243 - --< County zoning ordinance. ('7) All site Ii!,!htin~ ¡:;rel'Ðsed fer tn8 property shall comply wit'" the Roal96ke CGUFìty zeniFì!,! ordinance and 8nall Fìot exceed .5 feol caFìeJle8 at aeljoiniFl~ ¡:;ro¡:;erty liFìe8. (6) {8} A minimum of 550 parking spaces shall be provided on the site. 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 McNamara to adopt the ordinance with change to Condition #1, and deletion of Conditions #2 and #7, and carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Johnson Supervisor Nickens IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: (1) He thanked the School Board and staff for their work on Phase I of the school construction projects. (2) He has requested a report on the road improvements, traffic light and crossing guards at Hidden Valley Junior High School. Suoervisor Johnson: (1) He reported that he had responded with at least 15 letters to those involved in a letter writing campaign regarding the Rising Star Camp. He noted that the Board denied a Special Use Permit for the camp, but that the petitioner built the complex in violation of the County Code. He asked Mr. Hodge to contact Chris Pollack and advised that he and Mr. Hodge will work with Mr. Pollack. (2) He announced that the dedication of the RR Donnelley Nature Trail will be April 12 but he will be out of 244 March 23,1999 - - town and unable to attend. Suoervisor Harrison: (1) He announced that the Glenvar boys basketball team won the state championship and asked Clerk Mary Allen to set up a recognition for the team at a future Board meeting. IN RE: ADJOURNMENT At 10:56 p.m., Chairman Johnson adjourned the meeting. Submitted by, Approved by, ~y../.~ Mary H. Allen, CMC/AAE Clerk to the Board -..... ob L. Johns n Chairman