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HomeMy WebLinkAbout8/18/1998 - Regular August 18,1998 537 = Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 18, 1998 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday, and the only regularly scheduled meeting of the month of August, 1998. 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; Brenda J. Holton, Deputy Clerk; 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 Father Joseph Lehman, Our Lady of Nazareth Catholic Church. The Pledge of Allegiance was recited by all present. 538 August 18,1998 ,-- INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE TH~ UKUI:K OF AGENDA ITEMS Mr. Mahoney added an executive session item pursuant to the Code of Virginia, Section 2.1-344 A (5) discussion concerning prospective businesses or industries where no previous announcement has been made. Supervisor McNamara asked that after the work session scheduled for Interstate 73 has been completed, a resolution be added as a new business item (S-1) at the beginning of the evening session. Chairman Johnson passed out copies of the resolution. Supervisor McNamara suggested that a work session be held to discuss the next appropriate steps to continue implementation of the Blue Ribbon Commission recommendations. After discussion, it was the consensus of the Board to add another work session to draft a letter to the School Board asking for and listing the information previously requested by the Board. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Resolution of Congratulations and recognition of the Top CIRCLE Suaaestion Program winners from Mav 1997 to May 1998 R-081898-1 Supervisor Nickens described the CIRCLE program and advised that the cash awards that had been paid out were approximately $2,500 which resulted in savings over $130,000. Chairman Johnson presented resolutions to those recipients who were ~ August 18, 1998 539 - present. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson RESOLUTION 081898-1 CONGRATULATING THE TOP WINNERS OF THE CIRCLE SUGGESTION PROGRAM FROM MAY 1997 TO MAY 1998 WHEREAS, in the fall of 1996, the Roanoke County Board of Supervisors requested that the County of Roanoke develop a suggestion program that would encourage employees to reduce costs and improve operations; and WHEREAS, on April 8, 1997, the Board of Supervisors approved the establishment of the CIRCLE Suggestion Program, which stands for "CONTINUOUS IMPROVEMENT OF ROANOKE COUNTY LED BY EMPLOYEES"; and WHEREAS, since the program began, 76 County employees have submitted suggestions and 46 of the implemented suggestions have generated an estimated savings of up to $131,671 over a three-year period; and WHEREAS, in addition to monetary winnings, the winners received a CIRCLE T-Shirt from the County Administrator and were recognized in the CIRCLE Newsletter and Roanoke County Today; and WHEREAS, John Patten, General Services; Bill Fowler, Jr., Engineering; Charles Paitsel, General Services; Nancy Thomas, Treasurer's Office; Dean Wood and Rick Harless, Utility Department; Henry Wiley, General Services; Ragena Jordan, Human Resources; Roger Reed, General Services; William A. Richardson, Planning and Zoning; Robert A. Reitz, General Services; Dorothy P. Dickason, Treasurer's Office; Elaine B. Gill, Human Resources; William L. Thorne, Parks & Recreation; Edna Lawson, Rebecca D. Fralin and Victoria A. Webb, Management Information Systems; Keith G. Roberts and Mark Erickson, County Garage; Eric S. Wilson, General Services-Shop; were the top winners during the first twelve months of the program. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, wishes to express its congratulations to these employees for their ingenuity, their innovative ideas and for meeting the challenge of improving County operations and services; and FURTHER, on behalf of the citizens of Roanoke County, the Board of Supervisors encourages them to continue their outstanding efforts in the future. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 540 August 18,1998 - 2. Recognition of Finance Decartment for receivinc a Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report. Chairman Johnson presented the plaque to Director of Finance Diane D. Hyatt, and advised that this is the fourteenth consecutive award received by the Finance Department. IN RE: NEW BUSINESS ~ Resolution ratifying an option to purchase agreement with Michael W. Rose and Traci Y. Rose to purchase approximately 0.251 acres on Westmoreland Avenue. (Paul Mahonev. County Attorney) J R-081898-2 Mr. Mahoney advised that this is the first step in a multi-facet procedure to assist in the location of an economic development prospect. Later on the agenda, there is a first reading of an ordinance to exercise this option to purchase agreement, and at the evening session, there is a proposed rezoning of property at the intersection of Route 419 and Route 221. He asked that the Board adopt the resolution approving and ratifying the County Administrator's execution of an option to purchase agreement with Mr. and Mrs. Rose who reside on Westmoreland Avenue. There was no discussion. Supervisor Minnix moved to adopt the resolution. The motion carried by the -. August 18, 1998 541 - following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 081898-2 APPROVING AN OPTION TO PURCHASE AGREEMENT WITH MICHAEL W. ROSE AND TRACI Y. ROSE FOR CERTAIN PROPERTY, (BEING IDENTIFIED AS COUNTY TAX MAP PARCEL 77.13-5-30) AS PART OF A PROPOSED ECONOMIC DEVELOPMENT PROJECT WHEREAS, by Option to Purchase Agreement dated July 30, 1998, Michael W. Rose and Traci Y. Rose, husband and wife, granted unto the Board of Supervisors of Roanoke County, Virginia, an option to purchase 0.251 acre, more or less, being further shown on the Roanoke County land records as Tax Map Number 77.13-5-30, ("the Rose Property"); and, WHEREAS, under the terms of said agreement, the option fee is $2,000.00, the purchase price for the "Rose Property" is to be $150,000 and the option must be exercised on or before January 30, 1999, and closing is to occur within thirty (30) days from the date of rezoning of this property by the Board of Supervisors, whichever comes first; and WHEREAS, at such time as said option is to be exercised, this matter will be brought back to the Board of Supervisors of Roanoke County, Virginia, for adoption of an ordinance to authorize exercise of the option and acquisition of the real estate. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: (1 ) That the Option to Purchase Agreement dated July 30, 1998, between Michael W. Rose and Traci Y. Rose, husband and wife, Grantor, and the Board of Supervisors of Roanoke County, Virginia, Grantee, and the terms and conditions provided for in said agreement, is hereby approved and the execution of said agreement by the County Administrator is hereby authorized and ratified. (2) That the County Administrator or assistant county administrators are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as may be required to determine the feasibility and necessity of exercising the option and acquiring said Property, all of which shall be approved as to form by the County Attorney. (3) That this resolution shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 542 August 18, 1998 - 1. Reauest for authorization to execute an agreement with the City of Roanoke to establish joint Firearms Training Range at the Dixie Cavern landfill site. (Ray Lavinder. Chief of Police) R-081898-3 "'" Chief Lavinder advised that both Roanoke City and Roanoke County are using a firing range on Norfolk Southern property near Shaffer's Crossing, and expressed appreciation to Norfolk Southern for allowing this use until other arrangements could be made. The City and County have been discussing development of a joint firearms range and several alternatives since the summer of 1994, and staff is now ready to move forward. Two developments have made the Dixie Caverns property to be the most favorable site for this project. They are: (1) Public water and sewer are now being made available, and (2) the Marine Corps Reserve will do the necessary excavation at no charge. Roanoke City and the County are each providing $80,000 for the project with the County receiving a credit of $30,000 for the value of the land and retaining ownership of it. He recommended that the Board authorize the County Administrator to execute the documents to establish the joint Firearms Training Range at the Dixie Caverns site. There was no discussion. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ August 18, 1998 543 - RESOLUTION 081898-3 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF ROANOKE TO ESTABLISH A JOINT FIREARMS TRAINING RANGE AT THE DIXIE CAVERNS LANDFILL SITE WHEREAS, a firearms training range is an essential facility for law enforcement personnel in order that each officer may be recertified in firearms at least once a year as required by the Commonwealth of Virginia and to provide additional training and practice to reduce the potential for civil liability; and WHEREAS, the Roanoke County Police Department and the Roanoke County Sheriffs Office have been forced for a number of years to borrow time at a firing range operated by Norfolk Southern which has significantly impaired the flexibility of these departments in scheduling training and firearms recertifications; and WHEREAS, the County of Roanoke and the City of Roanoke have negotiated over a period of several years in an attempt to locate a mutually acceptable site for a firing range which would adequately serve the firearms training needs of law enforcement officers in both jurisdictions; and WHEREAS, the County of Roanoke and the City of Roanoke have reached agreement for the construction of a firearms training range upon County-owned property known as the Dixie Caverns landfill site which location has been previously granted a special use permit for such purpose by Ordinance 12495-15 passed on January 24, 1995. The County and City have agreed to share equally in the cost of construction of the firing range with the County's capital contribution to include the current appraised value of the real estate involved which shall remain the property of Roanoke County. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the MEMORANDUM OF AGREEMENT dated the 3rd day of August, 1998, between Roanoke County and the City of Roanoke for the construction and operation of a firearms training range on approximately 14.9 acres of land owned by the County in west Roanoke County is approved; and further That the County Administrator is hereby authorized to execute this MEMORANDUM OF AGREEMENT and such further documents as shall be necessary to carry this agreement into effect, all upon such form as shall be approved by the County Attorney. 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 ~ Request to allocate funds to Roanoke County Recreation Clubs as cart of beverage concession aareement with Pepsi. (Pete Haislip. Parks and Recreation Director) 544 August 18, 1998 ~ A-081898-4 'Z Mr. Haislip explained that by County policy established in the Public Use Manual for Sports Organizations and Community Users, recreation clubs are given the right to operate food and beverage concessions adjacent to athletic facilities in County owned parks and keep the profits to put back into the recreational facilities and programs. In the past, the recreation clubs have selected their vendors and products independently of each other, and the Park & Recreation Department recommended that an RFP (Request for Proposal) for beverage and vending services for Roanoke County Parks be developed. Staff proposed that any revenue generated from this contract which was above and beyond the concession operations would be spent on improving parks. Pepsi was selected as the successful vendor with a five year contract that included $60,000 paid to Roanoke County over five years; $30,000 in year one, $10,000 in year four and a $20,000 in year 5. The Club presidents met and allocated the year one $30,000 payout, and Mr. Haislip asked that the Board appropriate the year one funds of $30,000 from Pepsi to the General Fund and then to the Parks & Recreation expenditure budget to be allocated to the recreation clubs. The recreation clubs agreed to use these funds to make improvements to publicly owned facilities and not for things such as uniforms. Supervisor Nickens commended Mr. Haislip for his resourcefulness in developing this contract. Mr. Haislip thanked the staff of other departments involved in this effort. Supervisor Nickens moved to approve the appropriation. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson ~, August 18,1998 545 - NAYS: None 4. Adoption of resolution desianating Blue Ridge Community Services as an operating board and adoction of a peñormance agreement. (John Chambliss. Assistant County Administrator) R-081898-5 Mr. Chambliss advised that the 1998 General Assembly passed legislation which amends and re-enacts the Section of the Code of Virginia relating to local responsibilities for mental health, mental retardation and substance abuse services. Effective July 1, 1998, each locality must designate their Community Service Board (CSB) as one of three option types. These are: (1) Operating Community Services Board, which is the method currently used for the appointment of members to the Blue Ridge Community Services; (2) Administrative Policy Community Services Board; and (3) Policy-Advisory Community Services Board with a local government department. Localities are also being asked to formally approve the performance contract for the Blue Ridge Community Services to the State. The local contribution to the BRCS is included in the County's budget and no new appropriation of money is required. Tom Chapman, from BRCS, was present and responded to questions. Mr. Chambliss asked that the Board adopt the resolution designating BRCS as an Operating Community Services Board and approve the performance contract for submittal to the State. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: 546 August 18, 1998 = AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 081898-5 DESIGNATING BLUE RIDGE COMMUNITY SERVICES AS AN OPERATING COMMUNITY SERVICES BOARD WHEREAS, §37.1-194 of the Code of Virginia, 1950 as amended, requires each city and county to establish, singly or in combination, a community services board for the provision of mental health, mental retardation, and substance abuse services to its residents; and WHEREAS, Roanoke County has already established Blue Ridge Community Services pursuant to this statutory provision; and WHEREAS, §37.1-194 of the Code of Virginia, 1950 as amended, further requires each city and county to designate, in consultation with its community services board, this board as an operating community services board, an administrative policy community services board, or a policy-advisory community services board with a local government department; and WHEREAS, Blue Ridge Community Services provides community mental health, mental retardation, and substance abuse services, directly through its own staff or through contacts with other providers; and WHEREAS, Blue Ridge Community Services conforms to the definition of an operating community services board that is contained in §37.1-194.1 of the Code of Virginia, 1950 as amended; NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Roanoke, Virginia, that Blue Ridge Community Services is hereby designated as an operating community services board with the powers and duties enumerated in §37.1-197.A and §37.1-197.1 of the Code of Virginia, 1950 as amended. On motion of Supervisor Minnix 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 READINGS OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Harrison moved to approve the first reading and set the second reading and public hearing for September 22, 1998. The motion carried by the following recorded vote: ~ August 18,1998 ~42 AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1. Ordinance authorizinÇl a Special Use Pennit to construct a 100 ft. cellular monocole tower and support building. located on Catawba Vallev Drive. 0.75 mile west of Oakey-Dolin Rd.. Catawba Maoisterial District. upon the petition of U. S. Cellular. INRE: FIRST READING OF ORDINANCES 1... First reading of ordinance to establish water service area for Clearbrook-U.S. Route 220 Corridor and authorize acquisition of easement. (Gary Robertson. Utility Director) In response to Supervisor Johnson's inquiry, Mr. Robertson advised that there has been one change since he informed the Board of this project at an earlier meeting. He advised that a surcharge has been added for people who do not participate initially which is 25% of the construction costs and which is consistent with other projects. In response to Supervisor Minnix, Mr. Robertson advised that construction should begin in December and take no longer than 90 days. Supervisor Minnix moved to approve the first reading and set the second reading for September 8, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2.. First reading of ordinance to vacate. quit-claim and release 548 August 18,1998 - portion of 20' waterline easement under the existino Barnes & Noble building and accept a relocated new 20' waterline easement. (Gary Robertson. Utilitv Director) Mr. Robertson advised that when the Barnes and Noble Bookstore was constructed at Tanglewood Mall, the water lines were relocated around the perimeter of the building. The petitioner, Tanglewood Mall Associates, is asking that the Board release a portion of the 20' waterline easement under the building; and in exchange, the petitioner will grant a new 20' water line easement around the Barnes & Noble building. Supervisor Minnix moved to approve the first reading and set the second reading for September 8, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ¥. 3. First reading of ordinance approving the exercise of an option to purchase aoreement with Michael W. Rose and Traci Y. Rose for 0.251 acre. more or less. on Westmoreland Drive. (Paul Mahoney. County Attorney) Mr. Mahoney advised that this is the first reading of an ordinance which will exercise the option which was approved by resolution earlier in the meeting. The second reading is set for September 8 and staff is submitting this ordinance based upon several assumptions: (1) that negotiations will be successful for a performance agreement with Home Depot Incorporated; (2) a favorable vote on the rezoning of property at the evening -. August18,1998 549 - session; and (3) within the Option Agreement, the County will close on acquiring this property within thirty days of a successful rezoning. If the rezoning is delayed, he suggested that the Board could delay the second reading of the ordinance. However, it would help to move the project forward if they approved the first reading of the ordinance. There was no discussion. Supervisor Minnix moved to approve the first reading and set the second reading for September 8, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: APPOINTMENTS ~ Social Services Advisory Board Supervisor Nickens nominated Supervisor Minnix to serve another four year term which will expire August 1, 2002. IN RE: CONSENT AGENDA R-081898-6. R-081898- 6.d 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 081898-6 APPROVING AND CONCURRING IN CERTAIN 550 August18,1998 - ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for August 18, 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 5, inclusive, as follows: 1. Approval of Minutes for July 14, 1998 and July 28, 1998. 2. Request to terminate a performance agreement with Relax, Inc and rescind Public Private Partnership funds in the amount of $77,498. 3. Acceptance of donation from Clearbrook Civic League towards purchase of Clearbrook community identification signs. 4. Donation of easement necessary to construct the water and sewer extension to the Dixie Caverns Landfill, located in the Catawba Magisterial District. 5. Approval of resolution to amend the performance agreement with Country East LLC. 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 081898-6.d AUTHORIZING EXECUTION OF AN AMENDMENT TO PERFORMANCE AGREEMENT WITH THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA, AND COUNTRY EAST, L.L.C. WHEREAS, by Resolution #061097-3 the Board of Supervisors authorized the execution of a performance agreement with Country East, LLC, and the Industrial Development Authority of Roanoke County, and appropriated the funds therefor; and, WHEREAS, in order to obtain a sight distance easement on Garman Road for the Country East property entrance, necessary for acceptance of the new Garman Road into the state secondary system, staff and the IDA have negotiated a proposed ~, \ August 18,1998 551 - amendment to the performance agreement dated July 22, 1997; and, WHEREAS, the proposed amendment would extend the payback period for Country East, L.L.C., for an additional year to 2005, and reduce the annual penalty to $10,000.00 per year for not meeting the terms of the agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That execution of the Amendment to Performance Agreement with the Industrial Development Authority of Roanoke County, Virginia, and Country East, L.L.C., to provide for acquisition of the required sight distance easement from Country East, L.L.C., in consideration for which the payback period for Country East, L.L.C., is to be extended for an additional year to 2005, and the annual penalty for not meeting the terms of the agreement is to be reduced to $10,000.00 per year. 2. That the County Administrator is hereby authorized to execute said performance agreement on behalf of the Board of Supervisors, and take such further actions as may be necessary to accomplish this transaction, all of which shall be on form approved by the County Attorney. 3. That this resolution shall be effective on and from the date of 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 INRE: REQUESTS FOR WORK SESSIONS ~ Reouest to schedule work session on Sectember 8. 1998 to review the Community Plan. It was the consensus of the Board to schedule the work session for September 8, 1998. 2. Request to schedule work session on Sectember 8. 1998 to discuss the Committee's recommendations concerning location of communications towers. It was the consensus of the Board to schedule the work session for 552 August 18,1998 - September 8, 1998. INRE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Paige Gentry. 341 Polly Circle. Salem. advised that he had a petition signed by citizens who are opposed to R&L Carriers plans for using Daugherty Road in their expansion plans. He advised that Daugherty Road is the access road for three Glenvar community schools and several other facilities. Chairman Johnson referred these concerns to staff. Supervisor Harrison advised that he feels Daugherty Road is too narrow to handle this truck traffic, and asked that he and Mr. Hodge meet with Arnold Covey, Director of Community Development, Virginia Department of Transportation, and R&L Carriers to discuss the citizens' concerns. Supervisor Nickens suggested that a trial run be conducted on this road by trucks to demonstrate if it is unsafe. 2. Barbara Bushnell. 5204 Bearing Road. spoke on behalf of the Blue Ribbon Committee backers, and had a petition signed by 395 citizens of Roanoke County who are asking the Board to proceed with the school projects as approved by the School Board. She asked the Board to work with the School Board to get all school improvements done. INRE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. - 1.. 1- 3. !.. ~ ""', \ August 18, 1998 553 General Fund Unappropriated Balance Capital Fund Unaccropriated Balance Board Contingency Fund Future School Capital Reserve Statement of the Treasurer's Accountabilitv cer Investments and Portfolio Policy. as of July 31. 1998 ~ Recort from the Virginia Department of Transportation of chanaes to the Secondarv System as of July 1998 INRE: EXECUTIVE SESSION At 4:15 p.m., Supervisor moved to go into Executive Session following the work sessions pursuant to the Code of Virginia Section 2.1-344 A. (5) discussion concerning prospective businesses or industries where no previous announcement has been made. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: WORK SESSIONS 1.. Work Session on School Construction Proiects The work session was held from 4: 15 p.m. until 5:05 p.m. After discussion, it was the direction of the Board that Mr. Hodge draft a letter to the School Board ,..,..-- ------------------------ / ¡ 554 August 18, 1998 - requesting detailed information on the proposed new Southwest high school and proposed site. It was proposed that this draft letter be discussed by the Board during the bus trip on August 21, 1998, to Goochland and Henrico Counties. 2. Work Session on Interstate 73. The work session was held from 5:05 p.m. to 6:00 p.m. The Virginia Department of Transportation representatives included: Fred Altizer, Region Engineer; Jeff Echols, District Engineer; Patsy Napier, 1-73 Study Coordinator; Ronnie Griffin and Bill Manning. A map of the various corridors was displayed and packets of information which included maps and study schedules were distributed. Supervisor Nickens asked to see the enabling legislation for the interstate to determine the exact description and location of the corridor. .f INRE: CERTIFICATION OF EXECUTIVE SESSION R-081898-7 At 7:02 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 081898-7 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 ~ , August 18, 1998 555 - 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 NAYS: None IN RE: NEW BUSINESS ~ Resolution supporting 1-73 through the Roanoke Vallev. Chairman Johnson advised that the Board had a work session on the three alternative routes of 1-73 through the Roanoke Valley. 1-73 is the proposed interstate which mayor may not be built from Charleston, South Carolina to Detroit. Supervisor McNamara asked that consideration of this resolution be postponed until the September 8, 1998, meeting and without objection of the Board, it was postponed. IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1... Second reading of ordinance creating Virginia's First Regional Industrial Facility Authority. (Paul Mahoney. Countv Attornev) 0-081898-8 / 556 August 18, 1998 ~ !== Mr. Mahoney advised that this is the second reading and public hearing on the draft ordinance which would create a Regional Industrial Facility Authority in accordance with legislation in the 1997 Session of General Assembly. This was discussed at the first reading on July 28, 1998, and at that time, there was some concern about two issues: (1) potential liability of the County for annual operating expenses; and (2) possibility of County to withdraw from the Authority in the future. The first issue has been negotiated to limit the amount of the County's liability to an amount not to exceed $5,000 in anyone year. The provision concerning withdrawal is part of the enabling legislation and he suggested the possibility that an amendment to this provision could be added to the legislative program later in the year. He advised that many of the localities in this area support the creation of this Authority. Approval of the ordinance also authorizes the execution of the Joint Agreement to create this authority. There were no citizens requesting to speak on this issue. 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 081898-8 CREATING VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY WHEREAS, pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the 1950 Code of Virginia, as amended (the "Act"), the Board of Supervisors of Roanoke County, Virginia (County), after public hearing, duly advertised, if required by law, has determined that the economic growth and development of the region August18,1998 557 and the comfort, convenience and welfare of its citizens require the development of facilities and that joint action through a regional industrial facility authority will facilitate the development of the needed facilities; and, WHEREAS, the County of Roanoke is authorized by the Act to participate in such Regional Authority and the Board of Supervisors of Roanoke County, Virginia, in conjunction with other governing bodies hereby proposes to create Virginia's First Regional Industrial Facility Authority, a public body politic and corporate created pursuant to the Act; and, WHEREAS, the first reading of this ordinance was held on July 28, 1998; and the second reading and public hearing was held on August 18, 1998, and was duly advertised. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That there hereby is created an Authority pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the 1950 Code of Virginia, as amended, whose name shall be 'Virginia's First Regional Industrial Facility Authority" and whose member localities shall be as follows: The County of Bland, Virginia The County of Giles, Virginia The County of Pulaski, Virginia The County of Wythe, Virginia The City of Roanoke, Virginia The Town of Christiansburg, VA The Town of Narrows, Virginia The Town of Pulaski, Virginia each of which is a political subdivision of the Commonwealth of Virginia, authorized to participate as a member of the Authority by the Act and collectively are the "Member Localities." 2. That as provided by the Act, the Board of Supervisors of Roanoke County, Virginia, after due consideration, hereby makes the following findings: A. The economy of Western Virginia has not kept pace with those of much of the rest of the Commonwealth. Individual localities in the region often lack the financial resources to assist in the development of economic development projects. Providing a mechanism for localities in the region to cooperate in the development of facilities will assist the region in overcoming this barrier to economic growth. The creation of a regional industrial facility authority will assist this area of the Commonwealth in achieving a greater degree of economic stability. B. The purpose of the regional industrial facility authority is to enhance the economic base for the member localities by developing, owning, and operating, one or more facilities on a cooperative basis involving its member localities. C. The exercise of the powers granted by the Act shall be in all respects for the benefit of the inhabitants of the region and other areas of the The County of Craig, Virginia The County of Montgomery, Virginia The County of Roanoke, Virginia The City of Radford, Virginia The City of Salem, Virginia The Town of Dublin, Virginia The Town of Pearisburg, Virginia 558 August 18,1998 - Commonwealth, for the increase of their commerce, and for the promotion of their safety, health, welfare, convenience and prosperity. D. That the economic growth and development of this locality and the comfort, convenience and welfare of its citizens require the development of facilities and that joint action through a regional industrial facility authority by the localities which are to be members of the proposed authority will facilitate the development of the needed facilities. 3. That in furtherance of this Ordinance, the Chairman of the Board of Supervisors is hereby authorized to execute an agreement in the form attached to this Ordinance establishing the respective rights and obligations of the Member Localities with respect to the Authority. 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 2. Second readina of ordinance authorizing a Special Use Permit to allow an accessory apartment in a R-1. single family. zonino district located at 1714 Millbridoe Road. Catawba Magisterial District. ucon the petition of Robert and Elaine Lewis. (Terry Harrington. County Planner) 0-081898-9 Mr. Harrington advised that this is a special use permit for an accessory apartment to be constructed as an addition to a home. The Planning Commission evaluated the request and felt that this was an appropriate use, and they recommended approval with three suggested conditions: (1) that the height of the addition be limited to one story; (2) exterior materials will match those of the existing house; and (3) apartment will be occupied by family members only. There was no discussion and no citizens August 18,1998 559 requesting to speak on this issue. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None ORDINANCE 081898-9 GRANTING A SPECIAL USE PERMIT TO ROBERT LEWIS AND ELAINE LEWIS TO ALLOW AN ACCESSORY APARTMENT IN A R-1, LOW DENSITY RESIDENTIAL DISTRICT, AT 1714 MILLBRIDGE ROAD (TAX MAP NO. 56.01-4-16), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Robert Lewis and Elaine Lewis have filed a petition to allow an accessory apartment in a R-1, Low Density Residential District, located at 1714 Millbridge Road (Tax Map No. 56.01-4-16) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 4, 1998; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 28, 1998; the second reading and public hearing on this matter was held on August 18, 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 Robert Lewis and Elaine Lewis to allow an accessory apartment in a R-1, Low Density Residential District, located at 1714 Millbridge Road (Tax Map No. 56.01-4-16) 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) Height of the accessory apartment shall be limited to one story. (2) Exterior materials will match those of the existing house. (3) Apartment will be occupied by family members only. 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 / 560 August 18, 1998 following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Second reading of ordinance to rezone 3.830 acres from C-1 to C-2 to construct an office/retail development. located on the east side of Route 419 across from intersection of Locke Street. Catawba Magisterial District. upon the cetition of North Roanoke Develocment COrD. (Terry Harrinoton. County Planner) 0-081898-10 Mr. Harrington advised that this is a petition to rezone approximately 3.8 acres to allow a mixed office retail park along a portion of Route 419 near the intersection of Locke Street. The Commission discussed the current and proposed zoning classifications of the property and had extensive discussions regarding stormwater management, hours of operation and buffer yard requirements as related to the two homes closest to this site. They developed nine proffers which involve conformance with the site plan, screening and buffering, building height, heights of parking light poles, free standing signs, building materials and architecture, and size of landscaping. The Planning Commission has recommended approval. There were no citizens requesting to speak on this issue. Supervisor Harrison asked if staff is satisfied that two detention ponds will help mitigate the storm water problems. Mr. Harrington advised that it would and that there August 18, 1998 561 - is a separate County sponsored project in this area that will also tie in with this project. 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 081898-10 TO CHANGE THE ZONING CLASSIFICATION OF A 3.830-ACRE TRACT OF REAL ESTATE LOCATED ON THE EAST SIDE OF ROUTE 419 ACROSS FROM ITS INTERSECTION WITH LOCKE STREET (PART OF TAX MAP NO. 36.19-1-40) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF NORTH ROANOKE DEVELOPMENT CORP. WHEREAS, the first reading of this ordinance was held on July 28, 1998, and the second reading and public hearing were held August 18, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 4, 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: 1. That the zoning classification of a certain tract of real estate containing 3.830 acres, as described herein, and located on the east side of Route 419 across from its intersection with Locke Street (Part of Tax Map Number 36.19-1-40) in the Catawba 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 North Roanoke Development Corp. 3. 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 final site plan shall generally conform with the Master Site Development Plan for ARK Medical Center, prepared by Jerome Donald Henschel, dated June 5, 1998. (2) No access to either the development or to Route 419 shall be made from either Embassy Drive or Governor Drive. 562 August 18,1998 - (3) Wherever possible, existing vegetation shall be preserved and incorporated into the buffering requirements. Screening and buffering in that area of the development adjoining Tax Map Nos. 36.19-1-36 and 36.19-1-37 shall be Type D, Option 1, buffer yard with a 6-foot stockade fence plus Type E, buffer yard planting. In all other areas, screening and buffering shall comply with the provisions of the Ordinance. (4) Building height shall be a maximum of 35 feet. (5) All parking lot lighting shall be down lit. The poles, including fixtures for the parking lot lighting shall not exceed 25 feet above grade. (6) Freestanding signs shall be monument style and limited to two. No freestanding sign shall exceed 15 feet above grade. Combined square footage shall not exceed .5 feet for every 1 foot of road frontage. A Sign Allocation Plan shall be submitted for approval in conjunction with site plan review. Lighting for freestanding signs shall be with in-ground units or back lit. (7) Building materials and architecture shall be coordinated throughout the entire complex. (8) A minimum of one medium to large 1 Yo" caliper tree for every ten parking spaces shall be planted. Trees shall be planted within landscaped medians, peninsulas or planter islands designed in a way as to channel traffic, facilitate storm water management, and break up long expanses of parking areas. (9) No off premises advertising signs shall be constructed on the property. 4. That said real estate is more fully described as follows: BEGINNING at a point on the easterly right-of-way of Virginia Route 419; said point being at the southwesterly corner of the property of Pinkerton Properties (Tax Map No. 36.19-1-41); thence N. 71 deg. 03' E. 323.51 feet to a point; thence S. 10 deg. 37' 15" E. 465.73 feet to a point; thence S. 71 deg. 03' W. 386.45 feet to a point on the easterly right-of-way of Virginia Route 419; thence proceeding with the easterly right-of-way of Route 419 and with a curved line to the left having a chord bearing and distance of N. 5 deg. 18' 02" W. 474.21 feet, an arc distance of 474.72 feet to the point and place of beginning, and containing 3.830 acres. 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. August 18, 1998 563 - 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 4. Second reading of ordinance authorizing a Scecial Use Permit to operate a used automobile dealership. located at 5423 Williamson Road. Hollins Magisterial District. upon the petition of The Hertz Corp. (Terry Harrinaton. County Planner) Mr. Harrington advised that this is a petition of the Hertz Corporation to use an existing building and parking area on Williamson Road as a sales facility. The Planning Commission thought that it was an appropriate use and they recommended approval with two conditions: (1) pertaining to commercial entrance permit from the Virginia Department of Transportation; and (2) that there is a Code requirement that a defined entrance and landscape strip be created along the front of the property. He advised that a representative of Hertz Corporation was present to answer questions. In response to Supervisor Johnson, Mr. Harrison advised that the letter from P. C. Land, Inc. regarding a contract to purchase the property, had been received after the Planning Commission meeting. Mr. Bryant Sullivan, 80 Little Mountain Circle, Rocky Mount, Virginia, representing the Hertz Corporation, advised the Board that no one from P. C. Land had been in touch with them about their concerns. In response to Supervisor Nickens, Mr. Sullivan advised that: (1) the owner of the property was Dr. Fralin; (2) that Hertz currently 564 August 18, 1998 - has no lease contract with Dr. Fralin; (3) a lease had been discussed with a signing date of August 20, 1998; and (4) he has no knowledge of any contract pending between Dr. Fralin and a potential buyer. Mr. Sullivan advised that they were aware that they needed a special use permit to have an automobile dealership on the property. In response to Supervisors Nickens and Johnson, Mr. Mahoney advised that under the County Code; to proceed with this type of land use change, you must be the owner, an agent of the owner or a contract purchaser. Mr. Mahoney opined that there is a question as to whether or not the petitioner is an agent of the owner and could support this action. He advised that the Board hold the public hearing and postpone any action. Mr. Robert Shields, 1301 South Main Street, Blacksburg, Virginia, representing P. C. Land, Inc., expressed opposition to the granting of the special use permit. They recently signed a contract to purchase this property and discovered that Hertz was applying for this permit with plans to rent the building. Chairman Johnson advised that the question of ownership should have been addressed by the Planning Commission and felt that Hertz Corporation may be due some consideration for refund of fees paid. He advised that all parties should meet to resolve this issue. Chairman Johnson ruled that the Special Use Permit application was improper because it was not completed by the owner of the property. He moved to table the issue and for staff to meet with the principals to determine ownership of the property. AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson August 18, 1998 565 NAYS: None ~ Second reading of ordinance to rezone 5.4 acres from 1-2 to 1-1 and obtain a Special Use Permit to construct a mini-warehouse. located in the 5800 block of Starkey Road. Cave Scrin9 Maaisterial District. upon the petition of Viroinia Varsitv Transfer. Inc. (Terry Harrington. County Planner) 0-081898-11 Mr. Harrington advised that this is a petition to down zone a parcel of land to permit mini-warehouse to be constructed within the rear of the Greenbrier Nurseries, Inc. The Planning Commission felt that this was an appropriate location and recommended approval with one proffered condition pertaining to the color of the doors on the building. There was no discussion and no citizens requesting to speak on this issue. 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 081898-11 TO CHANGE THE ZONING CLASSIFICATION OF A 5.4-ACRE TRACT OF REAL ESTATE LOCATED IN THE 5800 BLOCK OF STARKEY ROAD (PART OF TAX MAP NO. 87.18-2-24) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF 1-2 TO THE ZONING CLASSIFICATION OF 1-1 WITH CONDITIONS ~ 566 August 18, 1998 UPON THE APPLICATION OF VIRGINIA VARSITY TRANSFER, INC. WHEREAS, the first reading of this ordinance was held on July 28, 1998, and the second reading and public hearing were held August 18, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 4, 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: 1. That the zoning classification of a certain tract of real estate containing 5.4 acres, as described herein, and located in the 5800 block of Starkey Road (Part of Tax Map Number 87.18-2-24) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of 1-2, Industrial District, to the zoning classification of 1-1, Industrial District. 2. That this action is taken upon the application of Virginia Varsity Transfer, Inc. 3. 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 buildings and doors to the storage buildings will not be the colors red or orange. 4. That said real estate is more fully described as follows: BEGINNING at Corner #1, said point located on the northerly right-of-way of Starkey Road (Virginia Secondary Route 904) said point also being the southeasterly corner of Tract 1A (PB15, page 68); thence leaving Starkey Road and with the easterly boundary of Tract 1A, N 15 deg. 05' 59" E. passing the northeastern corner at approximately 412.00 feet, in all 440.32 feet to Corner #2, said point located on the easterly boundary of Tract 1 B (PB11, page 151); thence continuing with Tract 1B for the following 3 courses; thence continuing with Tract 1 B for the following 3 courses; thence with a curve to the left, which said curve is defined by a delta angle of 39 deg. 24' 02", an arc length of 171.92 feet, a radius of 250.00, a chord of 168.55 feet and bearing N. 4 deg. 36' 02" W. to Corner #3; thence with a curve to the right, which said curve is defined by a delta angle of 39 deg. 24' 02", an arc length of 206.30 feet, a radius of 300.00 feet, a chord of 202.26 feet and bearing N. 04 deg. 36' 01" W. to Corner #4; thence N. 15 deg. 05' 59" E. 465.19 feet to Corner #5, said point located on the westerly boundary of original Crescent Heights Subdivision (PB 1, page 256); thence leaving Tract 1 B and with Crescent Heights, S. 35 deg. 52' 28" E. 1266.16 feet to Corner tÆ, said point located on the northerly right-of-way of Starkey Road August 18, 1998 567 (Virginia Secondary Route 904); thence leaving Crescent Heights Subd. and with Starkey Road, s. 75 deg. 30' 29" W. 53.70 feet to a point being the southeasterly corner of proposed New Tract IIA (7.696 acre parcel); thence leaving Starkey Road and with 4 proposed new division lines surrounding New Tract IIA, N. 35 deg. 52' 28" W. 599.41 feet to a point; thence S. 77 deg. 39' 54" W. 403.27 feet to a point; thence with a curve to the left, which said curve is defined by a delta angle of 37 deg. 23' 02", an arc length of 195.74 feet, a radius of 300.00 feet, a chord of 192.29 feet and bearing S. 03 deg. 35' 32" E. to a point; thence S. 15 deg. 05' 59" W. 409.32 feet to a point, said point located on the northerly right-of-way of Starkey Road (Virginia Secondary Route 904); thence with said Starkey Road and leaving the southwesterly corner of proposed New Tract IIA with a curve to the left, which said curve is defined by a delta angle of 4 deg. 32' 56", an arc length of 58.85 feet, a radius of 741.20 feet, a chord of 58.83 feet and bearing S. 73 deg. 17' 56" W. to Corner #1, the place of Beginning, and containing 5.385 acres. 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 Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 6. DENIAL OF Second reading of ordinance to rezone approximately 20 acres from R-1. R-2 and C-2 conditional to C-2. General commercial. for the cumose of aeneral retail and service uses. located jn the vicinity of Brambleton Avenue (Route 221) and Electric Road (Route 4191. Cave Spring Magisterial District. ucon the cetition of Roanoke County Board of Sucervisors. (Terry Harrinaton. County Planner) 568 August 18,1998 ~ 0-081898-12 - DENIAL Supervisor Jonson advised that he would abstain on the vote because one of the agents with his real estate firm has handled some of the transactions regarding the acquisition of properties for this project. Mr. Hodge advised that the County is requesting the rezoning of property at the intersection of Routes 419 and 221, behind the Springwood Associates, for Home Depot. Home Depot representatives, Ed Ogletree and Bill Oswell, were present to respond to questions. Mr. Hodge described the background of the project, the issues, financial impact, and performance agreement if the project goes forward. He feels that this is a situation of choices because a company can choose to locate if a property is properly zoned or can be rezoned, and if the property owners choose to sell. There are some 21 property owners who are willing to sell and all of the options have now been obtained that are necessary to acquire property. Staff feels that two traffic signal lights would be required for this project but a traffic analysis by VDOT would have to made. Also, a second entrance would be necessary, and drive-through traffic on Westmoreland Road would have to be addressed. The existing businesses located in the buildings of Springwood Associates would be given adequate time and help to relocate. He discussed the economic development aspect of this project. He advised that the Planning Commission recommended approval and he recommended that if the Board moves forward, a performance agreement should be executed with Home Depot. Mr. Harrington described the Planning Commission deliberation on this August 18,1998 569 - project over the last month. They held a public hearing on August 4, 1998, and at that time the public was made aware that Home Depot was the user of the site. After hearing from 12 citizens, they delayed action until after a work session on August 17 from 3:00 p.m. until approximately 7:00 p.m. A detailed transmittal report was prepared for the Board with the comments of the community and Planning Commission after this work session. After the public comment section, the Commission met to consider the impact of the proposal on adjacent property owners, including Hidden Valley Lane; stormwater management, noise issues, lighting, signage, architectural design, retaining wall and needs for traffic study. Jeff Echols from VDOT and Steve Barger from the County Engineering Department attended the meeting and answered questions about the traffic flow. The Commission agreed that if the land is rezoned by the Board, it would be their recommendation that the Hidden Lane properties designated as "optional" on the maps should be rezoned to C-1, Office district, instead of C-2, General Commercial District. The Planning Commission's final motion was to recommend approval of the petition. The Commission suggested that the effective date of the rezoning ordinance would be 30 days after Home Depot acquires the property designated as C-1. They also suggested 11 conditions which Mr. Harrington described: (1) Westmoreland Drive shall be realigned and redesigned to provide for certain traffic control measures that will prevent commercial traffic from entering the residential neighborhood adjoining the real estate identified in Table 2. (2) The intersection of the realigned Westmoreland Drive and Brambleton Avenue shall be located to create a four-way intersection between Westmoreland Drive and the private drive 570 August 18,1998 - serving Cave Spring Corners Shopping Center. (3) A 20-foot wide buffer strip shall be located on the Home Depot property along the common property lines with Tax Parcels 77.13-5-53,54,55, and 56. A six-foot stockade fence shall be installed within this buffer. A private access drive serving the above-referenced parcels shall be allowed to be constructed within the buffer. (4) Final site plan for the Home Depot site shall designate a "truck waiting area" located in front of the building. All trucks shall remain within the "truck waiting area" between the hours of 10 p.m. and 6 a.m. (5) Sound from any speaker located on the exterior of the building or within the Garden Center shall not exceed 65 Dba at any residential property line. (6) No parking lot pole lighting shall exceed 22 feet above grade. (7) No off-premises advertising signs shall be allowed on the property.(8) The maximum height of any free standing sign installed on the property shall be measured from the base elevation of the abutting road grade nearest the sign. (9) All retaining walls constructed on the property shall be constructed of split-faced architectural block. (10) The property shall be developed in general conformance with the conceptual site plan entitled "The Home Depot South Roanoke, Virginia, VA-71 e" dated 3/20/98, revised through 8/14/98. (11) The developer shall prepare and the Virginia Department of Transportation shall accept a traffic impact study of the proposed use prior to the approval of final site plans for the project. The following citizens spoke in opposition to the rezoning: (1) Jean Quesenberry, 5944 Cartwright Drive; (2) Kenneth Melton, 5207 Orchard Hill Drive; (3) David S. Courey, 3419 Ashmeade Drive; (4) Douglas Basham, Brambleton Hardware, August 18,1998 571 5540 Westbriar Court; (5) Barbara Burnett, 4816 Brockwood Drive; (6) Paul Bell, Cresthill Civic League, 2705 Hillbrook Drive; (7) Steve Noble, 5276 Canter Drive; (8) Nettie Hale, 4020 Hidden Lane; (9) Laurie Beane Perry, 227 Braxton Avenue; (10) Suzanne Seth, 3342 Westmoreland Drive; (11) Patricia L. Meador, 3812 Antietam Drive; (12) Carl Herbst, 7331 Carriage Hills Drive; (13) Hal Jones, 3734 Thompson Lane; (14) Vern Jolley, 3110 Harmony Road;(15) Michael Naughton, 3827 View Avenue; and (16) Warren Basham, yielded his time to Doug Basham. The following citizens spoke in support of the rezoning: (1) Allan Ham, 6001 Monet Drive; (2) Roger Wickert, 2727 Electric Road;( 3) Mike Cleary, 3038 Purple Finch Road; and (4) James Garris, 3108 D Honeywood Lane. Mr. Mike Pace, Attorney with Gentry, Locke, Rakes & Moore; spoke on behalf of Charlie Felts and two other owners who have contracted to sell their properties. Mr. Ed Natt, 4803 Topping Hill Drive, spoke on behalf of Springwood Associates, the company which has secured voluntary contracts of sale for the project to go forward. Mr. Bob Turner, 4825 Merriman Road, yielded his time to Mr. Natt. Ms. Marie Lovell, 3429 South Park Circle, spoke of her concern about the stormwater from a large building such as Home Depot on her community; that they experience flooding now; and asked the County to continue to be aware of their problems. There was discussion among the Board members concerning the re- alignment of Westmoreland Drive to prevent traffic from entering the residential neighborhood but leaving access for emergency vehicles. It was suggested that Mr. 572 August 18,1998 Mahoney delete the word "commercial" in the first proffer. Supervisor McNamara advised that even though this is a Core Development area as designed by the 1985 Comprehensive Plan, he does not support the rezoning. He does not believe that C-2 was designed to include a 130,000 square feet building, and that a commercial business beyond anything currently in that area should not be located at a major intersection. It would be more appropriately located on the 220 Corridor. Supervisor Minnix advised that even though this is a Core area where a business of this type should establish, he does not approve of the rezoning because it is: (1) not in common with the other businesses in the area; (2) not a good land use;(3) a duplication of services; and (4) he is concerned about traffic and safety. Supervisor Minnix moved to deny the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens NAYS: None PRESENT: Supervisor Harrison ABSTAIN: Supervisor Johnson DENIAL OF ORDINANCE 081898-12 TO CHANGE THE ZONING CLASSIFICATION OF A 20-ACRE TRACT OF REAL ESTATE LOCATED IN THE VICINITY OF BRAMBLETON AVENUE (ROUTE 221) AND ELECTRIC ROAD (ROUTE 419) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, R-2, AND C-2 CONDITIONAL TO THE ZONING CLASSIFICATION OF C-1 AND C-2 UPON APPLICATION OF ROANOKE COUNTY BOARD OF SUPERVISORS August 18, 1998 573 - WHEREAS, the first reading of this ordinance was held on July 28, 1998, and the second reading and public hearing were held August 18, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 4, 1998; 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, On motion of Supervisor Minnix to deny the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens NAYS: None PRESENT: Supervisor Harrison ABSTAIN: Supervisor Johnson INRE: CITIZENS COMMENTS AND COMMUNICATIONS 1. Julie Stowers. 3326 Kenwick Trail, expressed disappointment with the decision to have two high schools in Southwest County. Her other concerns included the possible disadvantages of two high schools, and the increase of $1.6 in annual operating costs. She felt that building one high school and moving the Cave Spring Junior High School students to the current high school would save $1.9 million. She asked that the Board of Supervisors decide the most appropriate way to spend the available funds for schools. Ms. Terry Langford, 6011 Ponderosa Circle and Ms. Beth Slovensky, 3758 Verona Trail, yielded their time to Ms. Stowers. 2. James Garris. 3108-D Honeywood Lane. asked why the Merriman Road property which was purchased for a school site was not being utilized, and if this site is not suitable, why has this decision not been disclosed. He felt that the School Board and the Board of Supervisors should have asked these questions before purchasing the site and 574 August 18, 1998 ,= appropriating the money. If the Merriman site IS appropriate for a school, he urged the Board to encourage the School Board to build on that site. 3. Steve Noble. 5376 Canter Drive. advised that his house will face the Woods End site which is one of the proposed sites for the new high school. He advised that he supports construction of one high school, and moving the CSJHS students to the current high school. He spoke of the advantages of the one high school, and feels that the acceptance of the Blue Ribbon Committee decisions by the School Board was a political decision, and that a deviation to the plan has already been made. 4. Parke Loesel. 2753 Tanglewood Drive. on behalf of herself, Terri Langford, and Beth Slovensky, thanked the Board and staff for meeting with them to discuss their support of one high school in Southwest County. She also expressed appreciation to the School Board members and school administration. IN RE: ADJOURNMENT At 9:35 p.m., Chairman Johnson adjourned the meeting to August 21, 1998, at 7:00 a.m., for the purpose of a visit to Goochland County and Henrico County to tour industrial parks. Submitted by, Approved by, i?ÎI^. j ~ /;/M¿ . ./J'lIULd'lv .~ Brenda J. Ho on, CMC Deputy Clerk to the Board