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HomeMy WebLinkAbout4/28/1998 - Regular April 28, 1998 255 = Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 April 28, 1998 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 April, 1998. INRE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:01 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 to the Board; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations INRE: OPENING CEREMONIES The invocation was given by the Reverend Steven W. Harris, Baptist Children's Home. The Pledge of Allegiance was recited by all present. /" 256 April 28, 1998 1= REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney deleted Items 1 and 2 of the First Readings, Consent Agenda. Director of Planning and Zoning Terry Harrington advised that these requests were to replace those towers which were damaged in the ice storm, and they do not need special use permits. Chairman Johnson asked staff to bring back to the Board a tower policy as soon as possible. Mr. Harrington will bring this back to the Board in June, 1998. Chairman Johnson also added an Executive Session item pursuant to Section Item 2.1- 344 A (3) joint executive session with the School Board on the use of real property for the public use. Supervisor Nickens asked that the discussion on Management Information Systems (MIS) be moved to the budget work session with the School Board. IN RE: IN RE BRIEFINGS ~ Briefing on activities of the Virginia MuniciDal League (Beth MacDonald. VML Director of Marketing and Member Services) The presentation was made by Ms. MacDonald. She explained that VML was started in 1905. They were chosen the eighth most powerful lobby by the General Assembly. In addition to serving as a legislative advocate, VML publishes a monthly magazine and newsletter as well as other informational booklets and publications. INRE: NEW BUSINESS ~ Reauest for apDroval of the Roanoke Vallev Resource Authority 1998/1999 budget. (Diane Hyatt. Finance Director) April 28, 1998 257 ~ R-042898-1 Ms. Hyatt advised that on March 25, 1998, the Roanoke Valley Resource Authority (RVRA) adopted an operating budget for fiscal year 1998-99, As specified in the Members Use Agreement, the budget must also be approved by the Charter Member Users. The budget totals $8,004,000 and total expenses have been limited to a .5% increasè and includes a 3% salary increase. Ms. Hyatt advised that the RVRA budget will impact the County in several ways: (1) Tipping fees will remain at $53 per ton and the tipping fee credit will be reduced from $3.00 to $2.00 per ton; (2) the County will continue to receive a host locality fee of $300,000; and (3) the County will continue to receive payment from RVRA for accounting services. In response to questions, Ms. Hyatt explained that the host locality fee is listed as a revenue item in the General Fund and that the Resource Authority is below their projected budget. Supervisor Harrison reported that the Resource Authority set up a meeting with the people in the area to calm any fears they might have had. Supervisor Harrison moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 042898-1 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY BUDGET FOR THE YEAR ENDING JUNE 30, 1999 WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County, the City Council 258 April 28, 1998 of the City of Roanoke, and the Town Council of the I own of Vinton; and WHEREAS, by report dated March 27, 1998, a copy of which is on file in the office of the Clerk of the Board, the Chairman of the Roanoke Valley Resource Authority has submitted a request that the County approve the budget of the Roanoke Valley Resource Authority for the year ending June 30, 1999. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the budget for the year ending June 30, 1999 for the Roanoke Valley Resource Authority as set forth in the March 27, 1998, report of the Authority Chairman, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ 2. Request authorization to donate three surDlus vehicles to EXDlore Park. (Gardner Smith. Deputy Assistant for Citizen Services) A-042898-2 Mr. Smith reported that during last year's budget process the Board authorized the purchase of several new vehicles for Roanoke County. New vehicles have been purchased and the old ones declared surplus. Explore Park has identified three vehicles which would assist them in operations for the current year, and are requesting that the County donate. a 15 passenger van and two pick up trucks. The vehicles would provide an average $200 to $350 to the County based on previous auctions. Supervisor Nickens moved to donate the vehicles. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson April 28,1998 259 ~ NAYS: None ;h Request to acceDt and transfer funds for the Clearbrook area water line extension at the request of Indian Grave Partnership and J. Walter Miller. (Gary Robertson. Utility Director) A-042898-3 Mr. Robertson advised that on March 5, 1997, agreements with proposed water connection fees were transmitted by the Utility Department to property owners located along the U. S. Route 220 corridor to determine the level of interest among property owners for extension of water service into the Clearbrook area. Two property owners who indicated interest, are located at the intersection of U. S. Route 220 and Indian Grave Road. Dr. J. Milton Miller and the Indian Grave Partnership have agreed to pay the water connection fees to extend County water service to their properties. Dr. Miller's portion is $12,560 and Indian Grave Partnership's portion is $8,990. Mr. Robertson recommended acceptance of the water connection fees and expenditure for the extension of the 12-inch water line. Supervisor Minnix move to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 4. Request to extend water and/or sewer to Clearbrook Fire Station 260 April 28, 1998 and approDriate $26.000. (Gary Robertson. Utility- pirector) - A-042898-4 Mr. Robertson reported that the Clearbrook Fire Station is served by a private well and septic system that has poor water quality and maintenance problems. By providing utility services to Clearbrook School and adjacent offices, water service could be provided to the fire station at an estimated cost of $31 ,000. If water is provided as part of the Route 220 extension, there is a savings of approximately $5,000. Sewer service could also be provided at this time for an additional cost of $26,676. Mr. Robertson explained that the Board could: (1) approve providing water service to the Clearbrook Fire Station at a cost of $26,105; (2) provide both water and sewer service to the fire station at a cost of $52,780; or (3) do not install water or sewer at this time. Following discussion, Supervisor Minnix moved to approve Alternate #2, providing both water and sewer service to the Clearbrook Fire Station at a cost of $52,780. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None REQUEST FOR PUBLIC HEARINGS AND FIRST READINGS OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for May 26, 1998 for Item 3 only, with Items 1 and 2 deleted. The motion carried by the following recorded vote: INRE: April 28, 1998 261 ~ AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1.. first reading of ordinance authorizina a Soeeial Use I"ermit to add a wireless teleeommtmications ter{ier to construct a 149 ft. broadcasting tower. located at n. Le..'is Mountain. Catawba Maaisterial District. upon the petition of Dann".. I<ane. ~ first reading of ordinance authorizin9 a Soecial Use rermit to add a ·....ireless telecommunications tower to constrtlct a 11::9 ft. broadcasting tower. located at 8447 I toneystlckle Lane. Catw....ba Magisterial District. tlpon the petition of Danny I<ane. 3. First reading of ordinance authorizing a Special Use Permit to allow a private kennel. located at 5080 Glenvar Heights Blvd. Catawba Magisterial District. upon the petition of Katharine Shank & Vicki Osborne. IN RE: FIRST READING OF ORDINANCES ~ Ordinance authorizing the establishment of a sewer service area and financing of sewer connection fee for Clearbrook Area. (Garv Robertson. Utility Director) Mr. Robertson reported that in July 1996, the Board of Supervisors authorized extension of public sewer service to the Clearbrook Elementary School. The existing sewer facilities can be utilized without modification as sewer service is extended into the Clearbrook service area. Letters were send to property owners to determine the level of interest among property owners for extension of sewer service. The letters indicated that Roanoke County would consider financing a portion of the property owners' project costs over a ten-year period if requested. This ordinance would establish a sewer 262 April 28, 1998 ¡::::::::::; service area for the Clearbrook area with a surcharge of $700 per equivalent resident connection to cover costs associated with construction of the Clearbrook sewage pump station and sewer force main. It will also allow Roanoke County to finance $9,965 of the sewer connection fee over a period of ten years for Dr. J. Milton Miller. Mr. Robertson advised that the County will need an easement from Dr. Miller who has agreed to donate it. The ordinance will be revised to include donation of the easement at second reading. Supervisor McNamara inquired whether this request for financing was from Dr. Miller or Lewis Gale Clinic. Mr. Robertson responded that he would find out and report back. He also advised that the interest rate for the loan was 8%. Supervisor Minnix moved to approve the first reading and set the second reading for May 12, 1998, with the ordinance to be revised to include the easement donation by Dr. Miller. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor McNamara IN RE: APPOINTMENTS ~ Fifth Plannina District Commission - Stormwater Management Citizens' Advisory Committee. Supervisor Harrison nominated William Overstreet to replace Tobie Eaton who has resigned.. IN RE: CONSENT AGENDA R-042898~5. R-042898-5.a. R-042898-5.b. R-042898-5.c April 28, 1998 263 ~ Supervisor Johnson moved to adopt the Consent Kesolutlon. I ne motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 042898-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J. CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for April 28, 1998, 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 7, inclusive, as follows: 1. Approval of Minutes - April 14, 1998. 2. Confirmation of committee appointments to the Total Action Against Poverty Board of Directors. 3. Resolution repealing actions previously adopted by the Board of Supervisors regarding Economic Development policies and to provide for a Policy Manual. 4. Resolution in support of the Virginia Department of Transportation's Secondary Road Project 0601-080-233, C501 and B677, Hollins Road and bridge replacement. 5. Resolution requesting acceptance of Otter Park Court and a portion of Monet Drive into the Virginia Department of Transportation Secondary System. 6. Acceptance of sewer facilities for Hickory Hills. 7. Acceptance of water and sewer facilities serving Sunscape Apartments. 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. 264 April 28, 1998 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 e= ~ RESOLUTION 042898-5.a REPEALING CERTAIN POLICIES PREVIOUSLY ADOPTED BY THE BOARD OF SUPERVISORS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND TO PROVIDE FOR A POLICY MANUAL TO GUIDE THE ADMINISTRATION OF COUNTY GOVERNMENT WHEREAS, the Board of Supervisors of Roanoke County hereby establishes a Policy Manual to provide an organized, systematic approach to the handling of routine matters by this government organization, and a dependable source of reference for all County departments and the Board; and, WHEREAS, this Policy Manual is based upon actions taken and measures adopted by the various boards of supervisors of Roanoke County over the past 20 years; and, WHEREAS, in reviewing these actions of the boards of supervisors of Roanoke County over the past 20 years, certain actions should be repealed, rescinded, modified or amended; and, WHEREAS, this Resolution addresses those actions pertaining to the Department of Economic Development. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there is hereby established a Policy Manual for Roanoke County government. 2. That Resolution 85-199 adopted November 13, 1985 concerning the community certification program is hereby repealed. This is an economic development program that the Commonwealth of Virginia ended in 1994 when Governor Allen assumed office and formed the Virginia Economic Development Partnership. 3. That Resolution 72793-6 adopted July 27, 1993 establishing a public/private partnership policy is hereby repealed. A new public/private partnership policy dated November 19, 1996 was adopted. 4. That this Resolution shall take effect immediately upon its adoption. 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 042898-5.b SUPPORTING THE PROPOSED April 28, 1998 265 IMPROVEMENTS SHOWN FOR HOLLINS ROAD, VDOT PROJECT NUMBER 0601-080-233, C501 AND B677, AS OUTLINED IN THE SECONDARY SIX YEAR PLAN FOR FISCAL YEAR 1998-2004. WHEREAS, the Virginia Department of Transportation is reconstructing a section of state route 601 (Hollins Road), from the intersection of state route 115 (Plantation Road), 1.6 miles east of state route 115 to improve the safety and traffic flow in this area. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors hereby support the proposed improvements as presented to the general public at a combined location and design public meeting on March 3, 1998. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident engineer of the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Supervisor Johnson None Required Supervisors McNamara. Minnix. Harrison Nickens. Johnson None RESOLUTION 042898-5.c REQUESTING ACCEPTANCE OF OTTER PARK COURT AND A PORTION OF MONET DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted Right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Supervisor Johnson None Required Supervisors McNamara. Minnix. Harrison. Nickens. Johnson 266 April 28, 1998 ~ Nays: None INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor Nickens: (1) He announced that he was receiving many calls, communications, e-mails, etc. and feels that each communication should receive a response. He thought that the problem was discussed and resolved at the Board retreat. Chairman Johnson suggested a policy for responding to citizen communications. Supervisor Nickens asked Mr. Hodge, Mary Allen and Brenda Holton to develop a policy for responding to communications from citizens. (2) He announced that he attended the opening of the Brugh Tavern at Explore Park today and advised that there were two more events: (a) the opening of the Roanoke River Parkway on May 4 and (b) dedication of the Taubman Welcome Center on May 6. Supervisor Minnix: (2) He extended sympathies to Supervisor McNamara upon the death of his mother. (2) He reported that he attended the Arbor Day celebration in Supervisor McNamara's absence on Bent Mountain. (2) He advised that he was not able to attend the Brugh Tavern opening because of a doctor's appointment. SUDervisor McNamara: He advised that he has received numerous calls, voice mails, and e-mails about the site selection for the new high school, and emphasized the importance of keeping citizens informed on what is going on. Supervisor Harrison: He announced that he went to the memorial service for Mary Jane Burgess at Happy Hollow Gardens and the gardens were absolutely April 28, 1998 267 ~ gorgeous. He questioned what will be done with the cottage. Mr. Hodge advised that staff will be meeting with the other family members to make arrangements for them to remove fumiture. A staff person will be moved to the cottage temporarily, but long range plans call for some sort of visitor center. Chairman Johnson suggested that a resolution of appreciation be prepared and presented to the family for the donation of Happy Hollow. Supervisor Johnson: He advised that he had also received many communications about the new South County School and reminded the public that, constitutionally, it is the responsibility of the School Board to pick a site. IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports after discussion of Item 7. The motion carried by a unanimous voice vote. ~ General Fund Unappropriated Balance 2. CaDital Fund UnapDropriated Balance ;h Board Contingency Fund 4. Accounts Paid - March 1998 5. Statement of Revenues and Expenditures as of March 31. 1998 §.. Report from the Viroinia Department of TransDortation of chanoes to the Secondary System as of March 1998 7. Report of claims activity for the Self-Insurance Program Supervisor Nickens asked Mr. Hodge to bring back a report on the sewer 268 April 28, 1998 backups that includes the locations of the problems. .!!. Report on eXDenditures and commitments for public Drivate partnerships from the Economic Development Capital Fund 9. Proclamation signed bv the Chairman ,= IN RE: WORK SESSION .1.. Budget work session with County staff The work session was held from 4:10 p.m. until 5:10 p.m. The position of Clerk of the Works, funding for the position, the job description and title (Construction Performance Coordinator), and who the person would report to were discussed. It was the consensus of the Board that the position will report to Mr. Hodge. Mr. Hodge was directed to move forward with advertising for the position. There was discussion on the salary survey and salary increases. It was the consensus of the Board to fund both within the 3% budgeted amount. There was review of the contributions to the cultural and human services agencies and dues and memberships. Final funding for the agencies and organizations was determined by Board consensus. INRE: EXECUTIVE SESSION At 5: 1 0 p.m., Supervisor Johnson moved to go into Executive Session following the work sessions pursuant to the Code of Virginia Section 2.1-344 A (5) discussion concerning economic development prospects where no previous April 28, 1998 269 :=J announcement has been; Section 2.1-344 A. (3) acquisition of real estate, drainage easement; and Section 2-1-344 A. (3) discussion of the use of real property for public use. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None IN RE: WORK SESSIONS 2. Budget work session with School Board The work session was held from 6:00 p.m. until 6:40 p.m. Members of the School Board, School Superintendent Deanna Gordon and other school staff were present. There was discussion with the School Board on the Clerk of the Works position to oversee the school construction projects. Included in the discussion was what the job should entail and who the person should report to. Both bodies supported the position but differed on who the individual should report to. It was the consensus of the Board of Supervisors to move forward with the position advertisement; that the position would report to Mr. Hodge; and that the school staff would be involved in the interview and selection process. There was discussion on whether the County MIS Department will continue to be responsible for School MIS or whether the schools will take over some of these responsibilities. Dr. Jane James presented a memo from the Data Management Committee explaining that they are considering a new student information system. The new system would eliminate the need for two of the three employees currently maintaining the system. She emphasized that they plan to continue joint MIS responsibilities for the 270 April 28, 1998 other systems. There was no consensus reached on the issue. c IN RE: CERTIFICATION OF EXECUTIVE SESSION R-042898-6 At 7:03 p.m., Supervisor Johnson moved to return to open session and adopted the Certification Resolution; that only the joint executive session with the School Board concerning public use of real property was discussed; and that the Executive Session was held from 5:10 p.m. until 5:50 p.m.. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 042898-6 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 members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting 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 April 28, 1998 271 I NAYS: None INRE: NEW BUSINESS ~ Request for adoption of the fiscal year 1998/99 School budaet. (Deanna Gordon. School Superintendent) R-042898-7 Dr. Gordon presented the proposed school budget for 1998/99. She reported that the budget increased by $3 million. The budget includes funds for additional nurses, new technology and six new positions. There was a slight cut in state funding but they will cover the decrease with monies from other accounts. Supervisor Nickens moved to adopt the 1998/99 School Budget. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 042898-7 APPROVING THE FISCAL YEAR 1998-99 BUDGET FOR THE COUNTY SCHOOL BOARD FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 22.1-93 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget for educational purposes; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for Fiscal Year 1998- 99 for the educational purposes of the County School Board for Roanoke County, Virginia, as follows: 272 April 28, 1998 '== FY 1997-98 FY 1998-99 FUND School Operating Fund $83,928,863 $87,233,241 Cafeteria Fund 3,195,000 3,293,000 Grants Fund 1,661,603 2,137,547 Textbook Fund 914,822 851,675 TOTAL $89,700,288 $93,515,463 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. 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 2. Request to advance funds to the School Board for Phase I - Roof Replacements. (Deanna Gordon. School Superintendent) A-042898-8 Dr. Gordon reported that the schools would like to begin the roof replacement program that was outlined in the Blue Ribbon Commission Report and was included in Phase I of the construction projects. An additional advance of $200,00 from the Board for a total project advance of $4,275,200 is required to begin the program. In response to questions from the Board members, Dr. Gordon advised there would be no more flat roofs, and that the roofs to be replaced are Burlington, Glenvar High School, Green Valley, Penn Forest and the warehouse. Supervisor Nickens asked for the report on past roof replacements that included the funding. April 28, 1998 273 = Supervisor Johnson moved to advance the funds for the roof replacements and adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 042898-8 TO ADVANCE FUNDS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH THE ACQUISITION, RENOVATION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS FOR SCHOOL PROJECTS WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County Board") adopted a resolution on August 19, 1997 declaring its intention to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and/or to be made in connection with the acquisition, renovation, construction and equipping of certain capital improvements for school projects, and WHEREAS, the School Board (the "School Board@) of the County of Roanoke, Virginia (the "County") adopted a resolution on August 28, 1997 declaring its intention to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and/or to be made in connection with the acquisition, renovation, construction and equipping of certain capital improvements for school projects, and WHEREAS, The School Board requested an advance of $ 50,000 on September 11, 1997 for environmental assessments, advertising costs for architects and engineers, core drillings, and other costs related to the acquisition of land in South County, and WHEREAS, the County Board approved this $50,000 advance on September 23, 1997, and WHEREAS, the School Board requested an additional advance of $1,721,200 on November 13, 1997 to hire architects to design various school projects, and WHEREAS, the County Board approved this $1,721,200 additional advance on November 18,1997, and WHEREAS, the School Board requested an additional advance of $130,000 on November 13, 1997 to hire architects to begin renovations to the science labs, and WHEREAS, the County Board approved a $104,000 additional advance on December 16, 1997,and WHEREAS, the School Board has now requested an additional advance of $200,000 to hire contractors to begin a roof replacement program, and has requested the amendment of Exhibit A of County Resolution 081997-1 to appropriately reflect the roof replacement program included in the Blue Ribbon Commission Report, NOW THEREFORE BE IT RESOLVED that the County Board will advance 274 April 28, 1998 - the additional sum of $200,000 to the School Board to hire contractors to begin the roof replacement program, and amend Exhibit A of County Resolution 081997-1. 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 County of Roanoke, Virginia Resolution 081997-1 EXHIBIT A- (Amender{) · Construction of a new South County High School Construction of a new Athletic Complex for dual usage by the new South County High School and the existing Cave Spring High School. Renovation of existing science laboratories at Northside High School, Glenvar High School, and Cave Spring High School Additions and improvements to Glenvar Middle School Construction of a new Bonsack Elementary School Renovations and additions to Burlington Elementary School Renovations and additions to Clearbrook Elementary School Roof replacement program · · · · · · · IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES ~ Second reading of ordinance authorizing a Special Use Permit to allow a dance hall. located at 5610 Williamson Road. Hollins Magisterial District. upon the petition of Taylor Yeh and Jermaine Enalish. (Terrv Harrington. Director of Planning and Zoning) 0-042898-9 Mr. Harrington reported that the petitioners are requesting a Special Use permit on two adjoining parcels to operate a dance hall. In response to questions at the Planning Commission meeting, Mr. English advised that the applicants had experience in April 28, 1998 275 - operation of this type of club; that they plan to sell beer and wine, but according to them, food does not need to be served; and that they plan to operate the dance hall on Thursday, Friday and Saturday, while other activities will occur throughout the week. Several citizens were present at the Planning Commission meeting to speak in opposition to the request. The Planning Commission recommended denial of the petition. The petitioners were not present and Supervisor Johnson moved to deny the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042898-9 DENYfNC CRANTINC A SPECIAL USE PERMIT TO TAYLOR YEH AND JERMAINE ENGLISH TO ALLOW A DANCE HALL LOCATED AT 5610 WILLIAMSON ROAD (TAX MAP NOS. 38.10-5-7 AND 8), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Taylor Yeh and Jermaine English have filed a petition to allow a dance hall located at 5610 Williamson Road (Tax Map Nos. 38.10-5-7 and 8) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 7, 1998; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 24, 1998; the second reading and public hearing on this matter was held on April 28, 1998. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Johnson to DENY the special use permit, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second reading of ordinance authorizinQ a Special Use Permit to add a wireless telecommunications tower to an existina facility. 276 April 28, 1998 ,- located at 4135 West Main Street. Catawba Magisterial District. upon the petition of Ohio State Cellular. (Terry Harrington. Director of Planning and Zoning) 0-042898-10 Mr. Harrington reported that at the Planning Commission there were concerns expressed that there will be additional tower applications in the same area because the requested 120 foot tower is not high enough to meet the needs of additional providers. Mr. Harrington explained that there are seven conditions to the Special Use Permit. In response to questions from the Board members, Mr. Harrington advised that the tower can be extended up to 160 feet for additional co-location of equipment, but the petitioner would have to resubmit the request to the Board of Supervisors. John Parkhill, Vice President of U. S. Cellular spoke on behalf of Ohio Cellular to answer questions, and he explained that the coverage will be three miles. 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 042898-10 GRANTING A SPECIAL USE PERMIT TO OHIO STATE CELLULAR AND THE CITY OF SALEM TO CONSTRUCT A WIRELESS COMMUNICATIONS TOWER AT 4135 WEST MAIN STREET (TAX MAP NO. 54.04-1-10), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Ohio State Cellular and the City of Salem have filed a petition to construct a wireless communications tower located at 4135 West Main Street (Tax Map No. 54.04-1-10) in the Catawba Magisterial District; and WHEREAS, the City of Salem is the owner of the real estate located at 4135 April 28, 1998 277 ~ West Main Street (Tax Map No. 54.04-1-10); and WHEREAS, the Planning Commission held a public hearing on this matter on April 7, 1998; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 24, 1998; the second reading and public hearing on this matter was held on April 28, 1998. 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 Ohio State Cellular and the City of Salem to construct a wireless communications tower located at 4135 West Main Street (Tax Map No. 54.04-1-10) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive 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. The height of the proposed tower, excluding any antenna attached to the tower shall not exceed 120 feet above grade. The structure constructed shall be constructed to accommodate a structure capable of being increased to 160 feet; however, the tower structure shall not be increased to 160 feet unless the increase is required to accommodate co-location of equipment for another vendor/provider, and any increase in tower height above 120 feet shall be subject to an additional special use permit application. 2. Any costs associated with relocating or modifying the tower and related equipment resulting from the proposed widening of 1-81 shall be the responsibility of the applicant and/or the owner of the tower. 3. The tower structure and all attached hardware shall be a flat matted color so as to reduce visibility and light reflection. 4. No lighting shall be installed on the tower structure. Security lighting may be provided on site, at a height not to exceed 25 feet. 5. This tower shall be structurally designed to carry sufficient 10adiQg and the site shall be developed to accommodate the additional equipment necessary for at least three other vendors/providers in order to minimize the proliferation of towers in the vicinity of the site. In addition, by executing the Special Use Permit, the applicant and owner of the land agree to make the tower and tower site 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. 278 April 28, 1998 - 6. 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. 7. The location of the tower structure and related equipment shall be as shown on the undated plan included with the application entitled "Proposed City of Salem and United States Cellular 120' Monopole Tower located on the Glenvar Water Treatment Plant site; prepared by DanCelllnc. 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 Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Second readina of ordinance to rezone approximatelv 2.0 acres from C-1 to C-2 and obtain a SDecial Use Permit to construct a home for adults. located at the southwest comer of Rosecrest Road and Route 221. Windsor Hills Magisterial District. upon the petition of SteDhen and Marie Freeman. (Terry Harrington. Director of Planning and Zonina) 0-042898-11 Mr. Harrington reported that the petitioners propose to construct a residential facility for independent senior adults which is consistent with the proposed Transition land use designation of this area of Route 221. There will be 76 units in the project. At the April 28, 1998 279 ~ Planning Commission meeting, the petitioners were asked about putting up a fence across the front as a visual retainer. Ed Natt, attorney for the petitioners, advised that the site is already compact and constructing a fence would add to the even tighter appearance. There are seven conditions that apply to both the rezoning and Special Use Permit. The Planning Commission recommended approval of the rezoning and Special Use Permit. Steven Jones, 4361 Rosevale Road, spoke in support of the project but asked about screening and fencing. Mr. Harrington responded that screening and buffering is required by law. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042898-11 TO CHANGE THE ZONING CLASSIFICATION OF A 2-ACRE TRACT OF REAL ESTATE LOCATED AT THE SOUTHWEST CORNER OF ROSECREST ROAD AND ROUTE 221 (TAX MAP NOS. 86.12-3-14; 15; 16 AND PART OF 86.12-3-13) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS AND GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A HOME FOR ADULTS UPON THE APPLICATION OF STEPHEN AND MARIE FREEMAN WHEREAS, the first reading of this ordinance was held on March 24, 1998, and the second reading and public hearing were held April 28, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 7, 1998; 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: 280 April 28, 1998 - 1. That the zoning classification of a certain tract of real estate containing 2 acres, as described herein, and located at the southwest corner of Rosecrest Road and Route 221 (Tax Map Numbers 86.12-3-14; 15; 16 and part of 86.12-3-13) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Stephen and Marie Freeman. 3. That the Board finds that the granting of a Special Use Permit to Stephen and Marie Freeman to construct a home for adults to be located at the southwest comer of Rosecrest Road and Route 221 (Tax Map Numbers 86.12-3-14; 15; 16 and part of 86.12-3-13) in the Windsor Hills Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of Sec. 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 apply to the rezoning and the Special Use Permit, which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The property will be developed in substantial conformity with the Cave Spring Independent Senior Living Concept Development Plan for Doug Freeman prepared by Balzer & Associates, dated February 18, 1998. (2) The property will only be used as an independent senior living center. (3) Exterior lighting elements will be of a downlit box design and will not exceed 20 feet in height. In all other aspects, exterior lighting will conform with Section 30-94 of the Roanoke County Zoning Ordinance. (4) Waste debris and trash will be contained on this property in appropriate trash facilities. If fencing is required to accomplish this condition then it shall be constructed at the request of Roanoke County and at the expense of the property owners. (5) The building appearance and exterior materials, excluding landscaping, will be in substantial conformity with the architectural rendering, dated March 26, 1998. (6) The building will be brick to grade on all sides. (7) The Petitioners will design the parking area so as to permit the linking of the parking area to the adjoining property. 5. That said real estate is more fully described as follows: Beginning at a point on the westerly side of Brambleton Avenue (Route 221) at its intersection with the northerly side of Ryan Lane; thence S 65° 55' 23" W 7.28 feet; thence N 61° 42' 37" W 110.56 feet; thence N 67° 37' 35" W 92.70 feet to a point on the easterly side of Bill and Kathleen Sizemore (Tax April 28, 1998 281 ~ Map No. 86.12-3-18); thence N. 22° 01' 17" E 316.80 feet to a point; thence N 83° 39' 17" E 102.10 feet to a point; thence S 22° 04' 17" W 93.05 feet to a point; thence S 68° 11' 15" E 130.38 feet to a point on the westerly right-of- way of Brambleton Avenue; thence with the same S 24° 34' 31" W 475 feet to the point and place of beginning and containing 1.5 acres, more or less. 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 McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 4. Second reading of ordinance authorizina a Special Use Permit to expand an existina religious assemblv facility. located at 4804 Stanley Farm Road. Catawba Magisterial District. upon the petition of Glenvar Baptist Church. (Terry Harrington. Director of Plannina and Zoning) 0-042898-12 Mr. Harrington reported that the petitioners are requesting a Special Use Permit to construct a 6,500 square foot addition for a fellowship hall, bathrooms and a kitchen. The proposed addition will not add seating capacity to the existing sanctuary so improvements to the parking area will not be required. A petition was presented at the Planning Commission meeting and concerns were expressed regarding partying at night, well contamination, increased traffic and water runoff. ..- ~ April 28, 1998 The following citizens spoke in support of the request: 1. Paster James Jett, 4851 Fort Lewis Church Road 2. David Newman, 2822 Crown Circle, Salem 3. Edward Walker, Fort Lewis Church Road 4. Jay Martin, 4760 Little Bear Road. Supervisor Harrison pointed out that there has been some controversy about whether the seating capacity is being expanded, and asked if they must come back to the Board for approval. Mr. Harrington responded that if the expansion is over 10%, the petitioners must become back to the Board for approval. 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 042898-12 GRANTING A SPECIAL USE PERMIT TO GLENVAR BAPTIST CHURCH TO EXPAND AN EXISTING RELIGIOUS ASSEMBLY FACILITY AT 4804 STANLEY FARM ROAD (TAX MAP NOS. 54.02-4-35 AND 54.02-4-55), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Glenvar Baptist Church has filed a petition to expand an existing religious assembly facility located at 4804 Stanley Farm Road (Tax Map Nos. 54.02-4-35 and 54.02-4-55) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 7, 1998; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 24, 1998; the second reading and public hearing on this matter was held on April 28, 1998. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of ~ - April 28, 1998 2æ Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Glenvar Baptist Church to expand an existing religious assembly facility located at 4804 Stanley Farm Road (Tax Map Nos. 54.02-4-35 and 54.02-4-55) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive 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 condition: (1) Ingress/egress to the parking area to be controlled according to VDOT's approval. 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 Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None .§.. Second reading of ordinance authorizina a SDecial Use Permit to allow an outdoor qathering in the 7000 and 8000 blocks of Woodhaven Road. Catawba Magisterial District. upon the petition of Old German Baptist Church. (Terry Harrington. Director of Planning and Zonina) 0-042898-13 Mr. Harrington reported that the Old German Baptist Church is applying for a Special Use Permit to hold their annual conference from May 22, 1999 through May 25, 1999. Anticipated attendance is between 2,500 and 3,000 Church members and families ./ 284 April 28, 1998 ~ from throughout the United States. A youth activity area is planned approximately 3/4 mile to the west, at 7935 Wood Haven Road and 8625 Ram Drive. Mr. Harrington explained that in order to obtain a Special Use Permit for an outdoor gathering, the applicant must demonstrate their ability to conform with several use and design standards. The Church's application addresses all the use and design standards. The Planning Commission recommended approval. 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 042898-13 GRANTING A SPECIAL USE PERMIT TO OLD GERMAN BAPTIST CHURCH TO ALLOW FOR AN OUTDOOR GATHERING IN THE 7000 AND 8000 BLOCKS OF WOOD HAVEN ROAD (TAX MAP NOS. 26.17-1-1; 26.18-1-14 AND 14.1; 37.05-1-24, 25, 28, AND 29), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Old German Baptist Church has filed a petition to allow for an outdoor gathering in the 7000 and 8000 blocks of Wood Haven Road (Tax Map Nos. 26.17-1-1; 26.18-1-14 and 14.1; 37.05-1-24, 25, 28, and 29) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 7, 1998; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 24, 1998; the second reading and public hearing on this matter was held on April 28, 1998. 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 Old German Baptist Church to allow for an outdoor gathering in the 7000 and 8000 blocks of Wood Haven Road(Tax Map Nos. 26.17-1-1; 26.18-1-14 and 14.1; 37.05-1-24, 25, 28, ~ - April 28. 1998 285 and 29) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive 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. 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 Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2.. Second readim;¡ of ordinance to enhance emergency services by implementing an Emergency Medical Dispatch Program funded bv increasing the E-911 fee from $1.06 per month to $1.46 per month. (Rick Burch. Fire and Rescue Chief) 0-042898-14 Chief Burch advised that with emergency medical dispatch certification, communications officers would be qualified to give basic emergency medical care instructions for E-911 calls received. If these officers are not trained in CPR and EMD, dispatchers can not give any medical guidance. To fund the program, staff recommends increasing the E-911 fee from $1.06 to $1.46. Supervisor Harrison pointed out that this will bring our E-911 program in compliance with the programs in the cities of Roanoke and Salem. ,/" 286 April 28, 1998 '- Supervisor Minnix moved to adopt the ordinance increasing the E-911 fee. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042898-14 AMENDING SECTION 21-4, ENHANCED EMERGENCY TELEPHONE TAX OF THE ROANOKE COUNTY CODE, BY INCREASING SAID TAX FROM $1.06 PER MONTH TO $1.46 PER MONTH WHEREAS, the levy of this enhanced emergency telephone tax is authorized by Section 58.1-3813 of the 1950 Code of Virginia, as amended; and WHEREAS, notice of the proposed adoption of the ordinance enacting this legislation was advertised in the "Roanoke Times and World News" on April 14, 1998, and April 21, 1998; and WHEREAS, the first reading on the adoption of this ordinance was held on April 14, 1998, and the second reading and public hearing of this ordinance was held on April 28, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That § 21-4, Enhanced emergency telephone tax, of Article I, 10. General of Chapter 21, Taxation of the Roanoke County Code is hereby amended and reenacted as follows: Sec. 21-4. Enhanced emergency telephone tax. (a) There is hereby imposed and levied by the County upon every purchaser of local telephone service a tax in the amount of CAB dollar BAd gix eCfltg ($1.06) Qõelilqlî§í ªn~¡fm%f$~¡~~ªjf!i~~~§l¡per month. This tax shall be paid by the purchaser to the seller of local telephone service for the use of the County to pay the recurring maintenance, repair and system upgrade costs and salaries or portion of salaries of dispatchers or call- takers which are directly attributable to the E911 system. The County treasurer shall notify the seller of the date on which the tax is to be reduced under this section. This notification will be sent by certified mail to the registered agent of the seller sixty (60) days in advance of the date on which the tax is to be reduced. (b) It shall be the duty of every seller in acting as the tax collecting medium or agency for the County to collect from the purchaser for the use of the County the tax hereby imposed and levied at the time of collecting the purchase price charged therefor ~ - April 28. 1998 287 and the taxes collected during each calendar month shall be reported by each seller to the commissioner of the revenue of the County on or before the last day of the calendar month thereafter, together with the name and address of any purchaser who has refused to pay his tax. Simultaneously therewith, the seller shall file a copy of such report with and remit to the treasurer of the County the taxes so collected and reported. The required report shall be in the form prescribed by the commissioner of the revenue. The tax levied or imposed under this section with respect to the purchase of local telephone service shall be applicable to charges first appearing on bills rendered for service provided after August 1, 1 :Ja4¡;I~i(imp~¡t~*11;[flª1 ..** 2. That this ordinance shall be in full force and effect from and after September 1, 1998; which is at least 120 days after written notice by certified mail by the County to the registered agents of the corporations providing telephone service that are required to collect said tax. 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 L Second reading of ordinance to amend the Planned Industrial District of the Roanoke County Zoning Ordinance and rename the district the Planned Technoloçry Development District. upon the petition of the Roanoke County Board of SUDervisors. (Terrv Harrinaton. Director of Planning and Zoning) 0-042898-15 Mr. Harrington advised that this amendment to the zoning ordinance would amend the Planned Industrial District and rename the district the Planned Technology / 288 April 28. 1998 - Development District. It is related to the next request which is a request to rezone property to Planned Technology Development District. Supervisor Johnson advised that while the Board members had questions and concems regarding the rezoning request, there were no concerns with amending the zoning ordinance and moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042898-15 AMENDING AND REENACTING THE ZONING ORDINANCE FOR ROANOKE COUNTY, BY RESCINDING SECTION 30- 63. "PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICT" AND BY THE ADOPTION AND ENACTMENT OF A NEW SECTION 30-63. ENTITLED "PTD PLANNED TECHNOLOGY DEVELOPMENT DISTRICT" WHEREAS, the first reading of this ordinance was held on March 24, 1998; the second reading and public hearing was held on April 28, 1998. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 30-63. "PID Planned Industrial Development District" be, and hereby is, rescinded. 2. That the Roanoke County Zoning Ordinance is hereby amended to include a new Section 30-63. entitled "PTD Planned Technology Development District" to read and provide as follows: SEC. 30-63. PTD PLANNED TECHNOLOGY DEVELOPMENT DISTRICT. Sec. 30-63-1. Purpose. (A) The Planned Technology Development (PTD) district is established primarily for Type I and Type II manufacturing and industrial uses. Supporting accessory uses and facilities, such as office, commercial establishments, ", ~ April 28, 1998 289 and residential areas are also permitted. The PTD district is intended to be designed with a park-like setting that complements surrounding land uses by means of appropriate siting of buildings, controlled access points, attractive and harmonious architecture, effective landscape buffering and scenic view easements. The district is intended to provide flexibility in design and site layout, allow latitude in combining different use types within a single development, and provide the developer with incentives to create an aesthetically pleasing and functional planned development. In addition, the intent of the Planned Technology Development (PTD) district is to provide certain industries that are clean and environmentally efficient the opportunity to locate in an area of like technologies in what is generally known as a mixed use park, developed under a complete, comprehensive Master Plan. Standards are provided for landscaping, buffering and open space to encourage high technology industries and to ensure a park-like atmosphere. Important in determining the location and size of a PTD are the accessibility of the location, the availability of public utilities, public safety services and the suitability of the topography for site and building development purposes. Sec. 30-63-2. Permitted Uses. (A) All of the residential, civic, office, commercial, industrial and miscellaneous use types listed in Article II of this ordinance are permitted in the PTD district. Residential use types shall be limited to no more than fifteen (15) percent of the total gross square footage. No use shall be permitted except in conformity with the uses specifically included in the Final Master Plan Sec. 30-63-3. Site Development Regulations. (A) Each planned technological development shall be subject to the following site development standards: 1. Minimum district size: 15 acres of contiguous land. 2. Minimum front setbacks: All structures proposed to front on existing public streets external to the PTD shall be located a minimum of 30 feet from the existing public right-of-way. 3. The zoning administrator shall determine buffer yard requirements / April 28, 1998 29ft based on the existing or proposed use in the PTD and the district in which those uses are permitted. 4. Lot coverage: Maximum lot coverage shall be determined through the preliminary master plan process and shall not exceed seventy-five (75) percent. 5. Public streets in the PTD district shall be built in accordance with VDOT and Roanoke County standards. In reviewing the PTD preliminary master plan, the Commission may recommend and the Board may approve, one or more private streets within the proposed district. Private street standards, specifications and a proposed maintenance agreement shall be submitted with the preliminary Master Plan. 6. The applicant may propose a reduction to the number of parking spaces required by this ordinance for each use type, if justified. This proposal will be reviewed with consideration given to potential future uses of the site, parking demand and expansion potential. 7. Maximum height of structures: When adjoining property zoned Residential, 45 feet, including rooftop mechanical equipment. The maximum height may be increased provided each required yard (side, rear, or buffer) adjoining a Residential district is increased two feet for each foot in height over 45 feet. This distance shall be measured from the portion of the structure which exceeds 45 feet. In all other locations the height is unlimited. 8. Arrangement of areas: a. The location and arrangement of structures, parking, access drives, outdoor lighting, signs, and other uses and developments within the PTD, in addition to achieving these development standards, shall be accomplished in accordance with an approved final master plan to assure compatibility with the existing and future land use in the vicinity. b. All areas designed for future expansion or not intended for immediate improvement or development shall be specified as reserve areas in the preliminary master plan. The future use and the limitations on future use of such area shall be "'-. - April 28, 1998 2~ specified, or else such areas shall not be included as part of the PTD application. Reserve areas included in the PTD shall be landscaped or otherwise maintained in a neat and orderly manner. 9. Accessory structures shall not exceed forty percent of the gross floor area of the principal structure. 10. Every structure in the PTD shall be a fully enclosed building of permanent construction. Any outside storage area shall be fully screened so that no materials so stored are visible at any lot line or public right-of-way. 11. Lighting: Lighting shall comply with Section 30-94 of this ordinance. 12. Utilities: Utilities shall be underground unless the type of service necessary for normal activities of the industry or business shall prohibit underground installation. Sec. 30-63-4 Site Development Recommendations (A) The Planned Technology Development district should be designed and developed as a manufacturing, industrial and technology park with high standards for landscaping, buffering and open space. To ensure a park-like atmosphere the following site development recommendations are made. (1) The principal entrance into the PTD district should be sufficiently landscaped to comply with the purposes of this district. In addition, the first one-hundred linear feet of street, leading through this principal entrance into the PTD, should have a landscaped median of sufficient width and planting density to meet the purposes of this district. (2) Parking within the PTD should be located to the side or rear of the principal structures on the lot, wherever feasible. During review, consideration will be given to topographical constraints, innovative site design, buffering and landscaping factors. (3) Loading areas should be screened from public view and should not be placed in front yards. /' ~ April 28. 1998 - (4) Fences should not be placed in front yards except as necessary for security purposes. Fencing should be uniform and well kept. Sec. 30-63-5 Relationship to Existing Development Regulations (A) All zoning regulations shall apply to the development of the PTD district, unless modified by the Board of Supervisors in the approval of the final master plan. Sec. 30-63-6 Application Process (A) The timeframes outlined in the Section are the maximum timeframes mandated by the Code of Virginia. Roanoke County will make every reasonable effort to complete the application process within a shorter timeframe. (B) Prior to submitting a formal application for review and approval under these provisions, the applicant and County staff shall meet to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting. (C) Any application to rezone land to the PTD designation, shall constitute an amendment to the zoning ordinance pursuant to Section 30-14. The written and graphic information submitted by the applicant as part of the application process shall constitute proffers pursuant to Section 30-15 of this ordinance. Once the Board of Supervisors has approved the final master plan, all accepted proffers shall constitute conditions pursuant to Section 30-15. (D) To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include: 1. A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements. ~ April 28. 1998 2~ - 2. Existing zoning, land use and ownership of each parcel proposed for the district. 3. A general statement of planning objectives to be achieved by the PTD district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented, and objectives towards any specific human-made and natural characteristics located on the site. 4. A description and analysis of existing site conditions, including information on topography, historic resources, natural water courses, floodplains, unique natural features, tree cover areas, known archeological resources, etc. 5. The proposed conceptual location and number of structures within each land use of the proposed development. 6. The approximate gross square footage for each use type proposed in the PTD. 7. The proposed size, location and use of other portions of the tract, including landscaping and parking. 8. General information on the trip generation, ownership, maintenance and construction standards for proposed streets should be included. A Traffic Impact Analysis may be required by the Administrator. 9. Reserved 10. The proposed schedule of site development. At a minimum, the schedule should include an approximate commencement date for construction and a proposed build-out period. 11. Generalized statements pertaining to architectural design principles and guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, signage plans, landscaping, etc. (E) The completed rezoning application and supporting preliminary Master Plan materials shall be submitted to the Planning Commission for review and / , 294 April 28, 1998 ~ analysis. The Commission shall review this information and make a report of its findings to the Board of Supervisors. The Commission shall as part of its review hold a public hearing pursuant to Section 15.2-2204 of the Code of Virginia, as amended. The proposed district shall be posted with signs indicating the date and time of the Commission public hearing. (F) The Commission shall make a report of its findings to the Board of Supervisors within 90 days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The Commission's report shall recommend approval, approval with modifications, or disapproval of the preliminary master plan. Failure of the Commission to make a report of its findings to the Board of Supervisors within this period shall constitute a Commission recommendation of approval. (G) If the Commission recommends denial of the preliminary Master Plan, or approval with modification, the applicant shall, if requested, have 60 days to make any modifications. If the applicant desires to make any modifications to the preliminary Master Plan, the Board of Supervisor's review and action shall be delayed until such changes are made and submitted for review. (H) The Board of Supervisors shall review the preliminary Master Plan, and after holding a public hearing act to approve or deny the plan within 90 days. Approval of the preliminary Master Plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to Section 30-15 of this ordinance. The Plan approved by the Board of Supervisors shall constitute the final Master Plan for the PTD. Once approved by the Board of Supervisors, the Administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PTD district. Sec. 30-63-7 Revisions to Final Master Plan (A) Major revisions to the final Master Plan shall be reviewed and approved following the procedures and requirements of Section 30-63-6. Major revisions include, but are not limited to changes such as: 1. Any significant increase in the density of the development; 2. Substantial change in circulation or access; 3. Substantial change in grading or utility provisions; ~ April 28, 1998 295 - 4. Substantial changes in the mixture of land uses; 5. Substantial change in architectural or site design features of the development; 6. Any other change that the Administrator finds is a major divergence from the approved final master plan. (B) All other changes in the final Master Plan shall be considered minor amendments. The Administrator, upon receipt of a written request of the owner, may approve such minor amendments. 1. If the Administrator fails to act on a request for a minor amendment to the Master Plan within 15 calendar days, it shall be considered approved. 2. A request which is disapproved by the Administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments. Sec. 30-63-8 Approval of Preliminary and Final Site Development Plans (A) Following the approval of the final Master Plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PTD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled Land Development Procedures, available in the Department of Engineering and Inspections. (B) It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned industrial development under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the Administrator. (C) Preliminary and final site development plans submitted for review shall be in compliance with the final Master Plan approved by the Board of Supervisors. Roanoke County shall review and approve or disapprove any / , 296 April 28. 1QqR '- Final Site Development Plan within 60 days of its submittal. (D) No Planned Technology Development shall be approved and no work shall be authorized on construction until all property included in the final Master Plan is in common ownership. Sec. 30-63-9 Failure to Begin Development (A) Unless an extension is granted by the Administrator, failure of the applicant to submit a preliminary site development plan for at least one portion of the planned residential development within 36 months of the approval of the final Master Plan, shall constitute an application on the part of applicant to rezone the PTD to the district designations in effect prior to the approval of the final Master Plan. Sec. 30-63-10 Control Following Approval of Final Development Plans (A) The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure that the development is in general compliance with the submitted schedule. (Amended Ord. 92794-17) 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. On motion of Supervisor Johnson 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 rezone 456.6 acres from R-1. residential to Planning TechnoloQY Development District. for a business and commercial park. located in the 5300 block of Glenmarv Drive. Catawba Magisterial District. upon the petition ~. April 28, 1998 297 - of the Roanoke County Board of SUDervisors. (Terry Harrinaton. Director of Plannina and Zoning) Supervisor Johnson noted that there were some concerns with this rezoning request, and suggested holding the public hearing but delaying any action until the Board could discuss the issues in a work session. There were no citizens to speak on this request and no discussion of the issues. Supervisor Johnson moved to delay action until after a work session in May or early June. The motion carried by the a unanimous voice vote. Supervisor Harrison asked that access and egress to the property be included in the work session. INRE: CITIZENS COMMENTS AND COMMUNICATIONS Mr. Mark Sidel, Chippenham, Kings Chase Subdivision, spoke and requested that the Board and School Board address issues such as flood control, access, student activities, lights, and traffic when determining which site to select for the new high school. IN RE: EXECUTIVE SESSION At 8:35 p.m., Supervisor Johnson moved to go into Executive Session pursuant to Section 2.1-344 A (3) for discussion concerning economic development prospect where no previous announcement has been made; and Section 2.1-344 A. (3) // 298 April 28, 1998 Ë:::: acquisition of real estate, drainage easement. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: CERTIFICATION RESOLUTION R-042898-16 At 8:50 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 042898-16 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 members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting 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: " April 28, 1998 299 = AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None IN RE: BUDGET WORK SESSION There was discussion on charging for emergency rescue calls to fund additional paid fire and rescue personnel. There was no consensus to move forward and Mr. Hodge will work with a committee to review this issue and bring back a recommendation in several months INRE: OTHER DISCUSSION There was a general discussion of school issues and recreation issues. INRE: ADJOURNMENT Chairman Johnson adjourned the meeting at 9:31 p.m. Submitted by, Approved by, ~ ;7</.al-u A...- Mary H. Allen, CMC Clerk to the Board / 300 April 28, 1998 '== / This paae left intentionally blank