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HomeMy WebLinkAbout4/22/1997 - Regular April 22, 1997 239 ~ Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 April 22, 1997 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, 1997. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:04 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend James W. Reynolds, Retired, United Methodist Church. The Pledge of Allegiance was recited by all present. 240 April 22, 1997 - = INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney and Mr. Hodge added two Executive Session items. Mr. Hodge advised that Item 2 under New Business had been finalized. Mr. Mahoney added the first reading of an ordinance authorizing acquisition of drainage easement across property of Davis H. Elliott & Co. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Proclamation declarina of April 20 . 26. 1997 as Organ and Tissue Donor Awareness Week in Roanoke County. Chairman Johnson presented the proclamation to Dave Linkous, Virginia Organ Procurement Agency, and Mary AUen, Vice Chairman of the Blue Ridge Alliance for Organ and Tissue Donation. Supervisor Eddy moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 1. Proclamation declaring April 20 -26. 1997 as National Voh. nteer Week in Roanoke County. Chairman Johnson presented the proclamation to Amy Shelor, Fire & April 22, 1997 241 - - Rescue Volunteer Coordinator and Volunteers Pat Steaghly, Woody Henderson and Jim Reynolds. Supervisor Minnix moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None INRE: NEW BUSINESS 1. Resolution endorsing in concept the Blue Ribbon Committee's recommendations for Roanoke County Schools. (Elmer C. Hodge. County Administrator) R-042297 -1 Mr. Hodge reported that the Blue Ribbon Committee was established to determine the needs of the school system. The committee met over 87 times and toured 28 school facilities. On March 17, 1997, the committee presented the results of the 1997 Comprehensive Facilities Study of the School System to the School Board and Board of Supervisors in a public meeting. The report recommended approximately $100 million in improvements to the schools over the next ten years. On March 27, 1997, the School Board accepted and endorsed in concept the Blue Ribbon Committee report. Mr. Hodge requested that the Board of Supervisors also endorse in concept the recommendations of the Blue Ribbon Committee. 242 April 22, 1997 1= I Supervisor Johnson moved to adopt the resolution as revised by Supervisor Eddy. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 042297-1 ENDORSING IN CONCEPT THE BLUE RIBBON REPORT, THE 1997 COMPREHENSIVE FACILITIES STUDY OF THE ROANOKE COUNTY SCHOOL SYSTEM WHEREAS, following the defeat of the April 1996 bond referendum for construction of a new south county high school and other school improvements, the Roanoke County School Board and Board of Supervisors appointed a committee of 22 citizens from all areas of the County to conduct a Comprehensive Facilities Study to determine the needs of the school system, and WHEREAS, this committee became known as the Blue Ribbon Committee and met over 87 times and toured 28 school facilities in preparation of their report, and WHEREAS, on March 17, 1997, the Blue Ribbon Committee presented the results of the 1997 ComDrehensive Facilities Study of the Roanoke County School Svstem to the School Board and Board of Supervisors in a public meeting, recommending approximately $100 million in improvements, additions and new facilities to be constructed in three phases over the next ten years, and WHEREAS, On March 27, 1997, the School Board accepted and endorsed in concept the report of the Blue Ribbon Committee. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia hereby endorses in concept the recommendations presented by the Blue Ribbon Commission in their report, The 1997 Comprehensive Facilities Study of the Roanoke C9unty School Svstem. On motion of Supervisor Johnson to adopt the ordinance as revised by Supervisor Eddy, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Resolution aDDrovina the transfer of ownership of the Cable TV franchise from Booth Communications of Virginia. Inc. to Blacksþurg/Salem Cablevision, Inc. (Joseph Obenshain. Sr. Assistant County A~omey) April 22, 1997 243 - R-042297 -2 Mr. Obenshain advised that on April 2, 1997, staff received a report from Moss & Barnett with recommendations as to the conditions of the transfer of the County's cable franchise operated by Salem Cable TV. The Board is requested to approve the transfer of ownership of the Salem cable television system from Booth Communications of Virginia to BlacksburglSalem Cablevision, Inc. (BSCI), a subsidiary of Adelphia. Mr. Obenshain explained that because BSCI is a new legal entity, a performance and payment bond in the $Urn of $100,000 to the benefit of the County from BSCI or Adelphia is required. Mr. Obenshain requested approval of the resolution transferring ownership to the subsidiary with conditions and a performance and payment bond of $100,000. In response to questions from Supervisor Nickens, Mr. Obenshain explained that the cost of the bond is estimated at $1500 -$2500 for a five year period and that the franchise expires in 2 1/2 years. At that time they will review and determine whether to adjust the bond. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 042297-2 TO APPROVE THE TRANSFER OF OWNERSHIP OF THE FRANCHISE FROM BOOTH COMMUNICATIONS OF VIRGINIA, INC. TO BLACKSBURG/SALEM CABLEVlSION, INC. 244 April 22, 1997 ~ , WHEREAS, the County of Roanoke, Virginia ("County") granted a Cable Television Franchise to Booth Communications of Virginia, Inc. ("Booth") or its predecessor in interest by adoption of Ordinance No. 102594-12 (the "Roanoke Franchise"); and WHEREAS, on November 11, 1996, Booth entered into an Agreement and Plan of Merger ("Agreement") with several entities including Adelphia Communications Corporation ("Adelphia"); and WHEREAS, pursuant to the Agreement and subsequent information provided by Adelphia, Booth will transfer ownership of the Roanoke Franchise and cable system to a wholly owned subsidiary of Adelphia, Blacksburg/Salem Cablevision, Inc. ("BSCI"); and WHEREAS, following the closing of the transfer contemplated by the Agreement, the name of the "Grantee" under the Roanoke Franchise will change to BSCI; and WHEREAS, under the Roanoke Franchise, Virginia Statutes and Federal Law, the transfer of ownership of the Roanoke Franchise to BSCI constitutes a transfer requiring approval of the County; and WHEREAS, the County, with the assistance of Moss & Barnett, A Professional Association, has reviewed the proposed transfer of ownership of the Roanoke Franchise and the legal, technical, and financial qualifications of BSCI and its parent company Adelphia; and WHEREAS, based on information .and reports received by the County, the County has found no reason to disapprove of the transfer of ownership to Adelphia. NOW, THEREFORE, the Board of Supervisors of Roanoke County, Virginia resolves as follows: 1. The Roanoke Franchise is in full force and effect and Booth is the lawful "Grantee" under the Roanoke Franchise. 2. The County hereby consents and approves of the transfer of ownership of the Roanoke Franchise from Booth to BSCI subject to: a. Closing of the transaction contemplated within the Agreement pursuant to the terms and conditions described in information provided by Booth, BSCI and Adelphia to the County. b. BSCI or its parent Adelphia promptly notifying the County in writing of the completion of the transfer of ownership and executing the attached Acceptance Agreement or other similar form acceptable to the County and returning same to the County within thirty (30) days of the effective date of this Resolution. c. Booth, BSCI or Adelphia reimbursing County within thirty (30) days following the date of adoption of this Resolution, for all reasonable costs, expenses, and professional fe$s incurred by County as a result of County's review and action on the transfer of ownership. d. Adelphia executing the att¡;¡ched Corporate Guaranty or April 22, 1997 245 - - other similar form acceptable to the County and returning same to the County within thirty (30) days of the effective date of this Resolution. . e. At the time the franchise is accepted, BSCI or Adelphia shall furnish and file with the County a performance and payment bond, or a performance and payment bond together with such other security as is approved by the County. The bond shall run to the County in the penal sum of One Hundred Thousand and 00/100 Dollars ($100,000). I. The performance bond shall be conditioned upon the faithful performance of BSCI of all terms and conditions of the franchise. The rights reserved to the County with respect to the bond or other security are in addition to all other rights the County may have under the Roanoke Franchise or any other law. The company provi.ding the bond must be licensed to do business in the State of Virginia. ii. The requirement to maintain said bond shall remain in force for the remaining term of the Roanoke Franchise unless extinguished by authority of the County. Hi. The bond shall be subject to the approval of the County and shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled without the consent of the County until sixty (60) days after receipt by the County by registered mail, return receipt requested of a written notice of intent to cancel or not to renew." 3. The County hereby waives any right of first refusal which the County may have pursuant to the Roanoke Franchise, to purchase the Roanoke Franchise, or the cable television system serving the County, but only as such right of first refusal applies to the request for approval of the transfer of ownership now before the County. 4. In the event the transfer of ownership contemplated by the foregoing recitals is not completed, for any reasons, the County's consent to the transfer of ownership shall not be effective. 5. This Resolution shaH take effect immediately upon its adoption. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None . 246 April 22, 1997 - : .a.. Request to opDrove amendments to the Investment Policy. (Alfred Anderson. County Treasurer) A-042297 -3 Mr. Anderson reported that the County has had an investment policy since 1987. This amendment adds language from the Code of Virginia to give the County more flexibility in its overnight investments. In response to a question from Supervisor Johnson, Mr. Anderson agreed to ask bond counsel to review the policy. Supervisor Johnson moved to adopt the investment policy. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harris.on, Nickens, Johnson NAYS: None ~ Request to expend funds to reimburse the Virginia Department of Transportation for industrial access road costs for Technology Drive at Valley TechPark. (Tim Gubala. Economiç DeveloDment Director) A-042297 -4 Mr. Gubala advised that Roanoke County requested $450,000 from the Virginia Department of Transportation Industrial Access Road Fund in early 1993 to construct a road in Valley TechPark. The County's application was approved on June 24, 1993, and road construction of Technology Drive began in the spring of 1994 and April 22, 1997 247 = was completed in early 1995. The County provided a $150,000 match at the beginning of the project, of which VDOT has applied $41,691.33 as an excess match against the ineligible project costs leaving a sum of $192,608.66 owed to VDOT. Mr. Gubala reported that $1,059,708 will remain in the R. R. Donnelly account after funds are allocated to pay the remaining expenses, and $31,925.50 ~emain in the 1993 bond issue for Valley TechPark. Staff recommends that the Board authorize the expenditure of the 1993 bond funds and $160,683.16 from funds appropriated for R. R. Donnelley to reimburse VDOT for the construction of Technology Drive in Valley TechPark. In response to questions, Mr. Hodge advised staff would bring back a report on phase II improvements to the May 13 meeting. Supervisor Harrison moved to expend the funds. The motion carried by the following recorded vote: AYES: Supervisors Eddy, MJnnix, Harrison, Nickens, Johnson NAYS: None ~ Reouest for apDroval of the 1997/98 Cable TV budaet (Anne Marie Green. Community Relations Director) A-042297 -5 Ms. Green reported that the total RVTV budget is $190,995 and the County's share is 33.8% or $64,556. The budget increases include position reclassifiCations, and the addition of another full time position. The budget includes a 4% salary increase, but the actual raise will be the same as County employee raises. 248 April 22, 1997 ~ = The total franchise fee paid by Cox to Roanoke County last year was $402,896, and 20% of that is $89,579.20 or $16,000 less than the budget request. Supervisor Nickens moved to approve the budget. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 6. Request from the Reaistrar for funds to conduct the June 10. 1997 Republican Primary Election. (Diane St. John. Registrar) A-042297 -6 Ms. St. John advised that costs for this election were not included in the 1996-97 budget because the Republican Party did not call for this election until March. The estimated costs are $18,040. Supervisor Minnix moved to appropriate $18,040 from the General Fund Unappropriated Balance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REQUESTS FOR WORK SESSIONS 1.. Reauest for Work Session on May 27. 1997 to discuss the Comm4nitv Plan Drogress and neighborhood council results. April 22, 1997 249 = (Terrv Harrington. Director of Plannina & Zonina) It was the consensus of the Board to set a work session for May 27, 1997. FIRST READING OF ORDINANCES 1. Ordinance amending and reenactina Section 2-17 Dissemination of criminal history record information of applicants for Dublic employment. permit or license of Article II. Oraanizational Structure of County Administration of Chapter 2 of the Roanoke County Code. (JoseDh Obenshain. Sr. Assistant County Attomev) Mr. Mahoney advised that a software package is available that will permit direct access through the Central Criminal Records Exchange and would reduce the time for criminal background checks from 4 to 6 weeks to only 72 hours. However, the Board must adopt an ordinance which codifies Roanoke County's policy of requiring criminal background checks for volunteers and employees. Supervisor Eddy noted that the word "volunteer" was not included in the ordinance heading, and moved to approve the first reading with 'Volunteer" added to ordinance heading, and set the second reading for May 13, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: 250 April 22, 1997 , I 2. Ordinance authorizing acquisition of a drainage easement across the Droperty of Davis H. Elliott & Co.. the release of any right. title or interest in an existing storm drain. and declaring an emergency therefor. (Paul Mahoney. County Attorney) 0-042297-7 Mr. Mahoney advised that this ordinance authorizes the acquisition of a drainage easement and the release of any interest in a drainage pipe across the property of Davis H. Elliot Co. to assist in the economic development of the east Route 460 corridor. Mr. Mahoney requested waiver of the second reading to enable the timely real estate closing of the property to Old Dominion Freight Lines. The ordinance also releases any interest that the County may have in an existing storm drain pipe. Supervisor Johnson advised that he would abstain because he has a contiguous piece of property for sale. Supervisor Nickens moved to adopt the ordinance and waive the second reading. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson ORDINANCE 042297-7 AUTHO.RIZING THE ACQUISITION OF A DRAINAGE EASEMENT ACROSS THE PROPERTY OF DAVIS H. ELLIOT CO., INC. (TAX MAP PARCEL NO. 50.01-1-2.2), THE RELEASE April 22, 1997 251 - OF ANY RIGHT, TITLE OR INTEREST IN AN EXISTING STORM DRAIN, AND DECLARING AN EMERGENCY THEREFOR WHEREAS, Davis H. Elliot Company, Inc. is the owner ofa 9.331 acre parcel of real estate identified as Tax Map No. 50.01-1-2.2, acquired by deed dated February 26, 1988, from Jack F. Walrond, Jr., recorded in the Roanoke County Circuit Court Clerk's Office in Deed Book 1280 at page 1425; and WHEREAS, by plat dated October 23, 1987, made by Frank B. Caldwell, III, Land Surveyor, showing Perimeter East Commerce Center Phase I, recorded in the Roanoke County Circuit Court Clerk's Office in Plat Book 10 at page 113, a buried pipe is described as "Approximate 'location existing storm drain," and further referred to in said plat as a drainage easement; said drainage easement being located on the above- referenced property; and WHEREAS, Elliot has requested that the Board of Supervisors of Roanoke County release and quitclaim any right, title, or interest the County may have to the above-referenced storm drain which has been referred to as a drainage easement, and acquire a new 20' drainage easement; and WHEREAS, the acquisition of this drainage easement will assist in the resolution of storm water drainage problems in the east Route 460 corridor, and will support and encourage economic development initiatives in said corridor; and WHEREAS, it has been determined that an emergency exists, and that the second reading of this ordinance is hereby waived in accordance with the provisions of the Roanoke County Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authority only by ordinance. A first reading of this ordinance was held on April 22, 1997; and the second reading was waived upon a declaration of emergency in accordance with said section; and 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the s.ubject real estate (storm drain or drainage easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses; and 3. That in consideration of the payment of $1.00 and conditioned upon the exchange as hereinafter provided, a drainage easement described as "Approximate location existing storm drain" as shown on a plated dated October 23, 1987, made by Frank B. Caldwell, III, showing Perimeter East Commerce Center Phase I, recorded in the aforesaid Clerk's Office in Plat Book 10 at pag.e 113 be, and hereby is, released; and 4. That, in exchange, acquisition and acceptance of a drainage easement twenty (20') feet in width as shown on the attached "Easement pl.at for County of Roanoke showing A New 20' Drainage EasernentAcross the Property of 252 April 22, 1997 - = Davis H. Elliot Co., Inc." dated January 30, 1997, made by T. P. Parker & Son, ESP, be, and hereby is, authorized and approved; and 5. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to, survey costs and recordation of documents, shaH be the responsibility of Davis H. Elliot Company, Inc., or their successors or assigns; and 6. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this release and acquisition, all of which shall be on form approved by the County Attorney. On motion of Supervisor Nickens to adopt the ordinance and waive the second reading, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson INRE: CONSENT AGENDA R-042297-8 Supervisor Nickens moved to adopt the Consent Agenda after discussion of Item 4. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 042297-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virg.inia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for April 22, 1997 designated as Item L - 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 March 11, 1997 and March 17, 1997. 2. Confirmation of appointment to the Social Services Advisory Board. -, April 22, 1997 253 - 3. Acceptance of a $21,300 grant to enhance drug law enforcement and prosecution. 4. Acceptance of a $64,928 grant to fund two School Resource Officers. 5. Request from County Schools to appropriate additional revenues from the dual enrollment program with Virginia Western Community College. 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 Nickens to adopt the Consent Resolution after discussion of Item 4, and carried by the fOllowing recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervi~or Minnix: (1) He thanked Tim Gubala for his memorandum regarding Southwest Industrial Park. (2) He asked about the disposition of the traffic light where young people cross the street. Mr. Hodge will get the information and report back. (3) He attended the opening of the Cave Spring Softball season and had a good time. (4) He welcomed Parks and Recreation Director Pete Haislip back to work. Supervisor Harrison: (1) He met with North Lakes Civic League and they discussed changes in the recycling program. He asked General Services Director Bill Rand to contact King Harvey with information. (2) He received a call from Melissa Tickle who received a bone marrow transplant and announced that there would be a donor/transplant program at Roanoke Memorial Hospital this evening. (3) He participated in the walk up Mill Mountain for the Greenways Ceremony on Saturday and 254 April 22, 1997 ~ = the recent ceremony at Happy Hollow Park. He thanked Debbie Pitts, Assistant Director of Recreation, for her work on the program. SUDervisor Nickens: (1) He announced that the Vinton Dogwood Festival would be held this coming Saturday and invited everyone to attend. (2) He , reported that he has communicated with the training division of the Fire & Rescue Department regarding training for emergency vehicles and certification. He asked for information regarding what part of the training budget is allocated to fire and what part is allocated to rescue, and the number of participants in the EVAC classes. Supervisor Eddy: (1) He asked about the status of RFP's for the recycling program. Mr. Hodge responded that information should be available by the May 13,1997 meeting. (2) He asked about the citizen satisfaction survey. Ms. Green responded that Martin Research is getting ready to finalize the survey, and she will provide copies to the Board for their review. The survey will be conducted in May. (3) He asked about the search for the new Police Chief. Mr. Hodge advised that the job has been advertised nationally and they have received 35 applications so far. (4) He thanked Supervisor Harrison for attending the Greenway Ceremony on Mill Mountain and the ceremony at Happy Hollow. Superl(isor Johnson: (1) He commended Supervisor Eddy for his work on behalf of greenways in the Roanoke Valley. (2) He asked whether flooded areas in the midwest have responded to Roanoke County's request to help them. Mr. Hodge responded that they had not heard from federal agencìes but would extend the offer of assistance to Grand Forks, ND. (3) He suggested that politics be kept out of County --...., April 22, 1997 255 - institutions. IN RE: REPORTS Supervisor Minnix mGved to rE¡lceive and file the following reports after discussion of Item 8. The motion carried by a unanimous voice vote. 1. General Fund UnapDropriated Balance 2. Capital Fund UnapDroDriated Balance .a.. Board Contingency Fund ~ Statement of Revenues and Expenditures as of March 31. ~ ~ ReDort of eXDenditures and commitments for public private partnerships from the Economic Development Capital Fund. 6. ReDort from the Virginia Department of Transportation of chanaes t<;) the Secondary System as of March 1997. 1... ReDort of Claims Activity for the Self-Insurance ProQram. .!L. Report on County and School Lease-Purchases. Supervisors Eddy requested another report that would include the number of years, interest rate and when they will be started. Mr. Hodge will amend the report and bring it back to the Board. INRE: RECESS 256 April 22, 1997 ~ - ~ Chairman Johnson declared a recess at 4:20 p.m. INRE: WORK SESSION 1. BudQet Work Session i. Utility CIP Utility Director Gary Robertson presented the list of Utility Capital Expenditures for the Water and Sewer Fund for 1997-98. The Water Fund Projects included Exit 146 North County, Chesterfield Court, Berwick Heights, VDOT Roads, Upper Castle Rock and Pinkard Court for a total of $740,000. The SSER Repair and Replacement Fund is $380,000 for a total of $1,120,000. There was Board consensus that water and sewer lines will be put on "hold" in Pinkard Court until the road improvements are started. Supervisor Johnson requested that a discussion of the water and sewer lines be included at the next joint meeting with Roanoke City Council. .b.. Transfer of GaraQe II operations to Roanoke County Supervisor Johnson advised that there was a meeting with School Superintendent Dr. Deanna Gordon and the issues have now been resolved, and the County will assume responsibility for the Garage II operations beginning July 1, 1997. General Services Director Bill Rand will meet with the Garage II employees and staff will bring back a report showing where the savings will come from. ~ Continuation of work session on prQPosed 1997/98 budget - April 22, 1997 257 - Mr. Hodge presented a memo addressing issues from previous work sessions and Supervisor Eddy's April 11 memo. Mr. Hodge requested Board consensus to follow the recommendation from his April 14, 1997 memorandum for funding of the Glenn-Mary site and school projects. There was Board consensus of the following budget issues: (1) The two additional police officers will be funded. (2) Youth Haven II budget will be funded for six months. Mr. Hodge will work with Roanoke City and bring back a report at the end of six months. (3) The citizen satisfaction survey will be funded only every other year. (4) Staff will bring back plans for each bunk room addition project and request an appropriation at that time. (5) Mr. Hodge will get more information on the police firing range. (6) Virginia Western Community College funding will be 34.2% of $67,000. (7) There was consensus not to fund the Urban Partnership. (8) The contributions to the other agencies/organizations will be the average of all Board member suggestions. (9) Support was expressed for the EMD program. Mr. Hodge will provide a report to the Board that includes charging for non-emergency rescue calls. (10) There was Board consensus not to fund low band radios on 1-81 and 1-581, but Mr. Hodge will contact other localities to discuss installing the low band radio system on Blue Ridge Parkway. (11) Mr. Hodge will bring back a report on the CIRCLE suggestion program in July to consider future funding of the program. (12) Staff was asked to add to the July joint meeting with Roanoke City Council consideration of a joint teen center in Roanoke City Market similar to the Brambleton Teen Center. 258 April 22, 1997 - = INRE: EXECUTIVE SESSION At 6:05 p.m., Supervisor Minnix moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (7) to discuss a legal matter, negotiation of an agreement with the Town of Vinton and 2.1-344 A (3) to discuss acquisition of real esate for ridgeline protection. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: CERTIFICATION OF EXECUTIVE SESSION R-042297-9 At 7:05 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None RESOLUTION 042297·9 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. - April 22, 1997 259 - - On motion of Supervisor Johnson to adopt the Certification Resolution and carried by the following recorded vote: AYES: Supervisors Eddy. Minnix, Harrison, Nickens, Johnson NAYS: None INRE: PUBLIC HEARINGS 1. Public Hearing for citizen comment on the proposed fiscal vear 1997/98 budaet. Denise Swanson. 5451 Lonsdale Road. Roanoke spoke on the School Board budget, particularly as it relates to disabled students and the lack of adaptive equipment for the disabled. She also expressed concern about the special education program in the County Schools and the lack of a contract and proper documentation for the regional school. Supervisor Nickens asked Mr. Mahoney to get involved in the contractual aspects as it relates to the regional school. Lisa Merrill. 10721 Bent Mountain Road spoke on the School Board budget and expressed concern about payment for additional outside legal counsel, and recommended cutting funds in some school areas in order to pay for other needs in the schools. She asked for assistance from the Board of Supervisors to have the schools hire an outside consultant to study the school system and look for ways to reduce costs. Ted Allen 4221 Whitehall Circle. Sw.. President of the Alliance for the Mentally III, requested additional funding for mental health services. 260 April 22, 1997 = = INRE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance to acknowledge and consent to the vacation of a portion of the Storm water Management Easement across Lots 28.29.30 and 31 of Penn Forest Place. Plat Book 17. Paae 102 and located in the. Cave Spring Magisterial District. (Arnold Covey. Director of Engineering & Inspections) 0-042297-10 There was no discussion and no citizens present to speak on this ordinance. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042297-10 ACKNOWLEDGING AND CONSENTING TO THE VACATION OF A PORTION OF THE STORM WATER MANAGEMENT EASEMENT ACROSS LOTS 28, 29, 30 AND 31 OF PENN FOREST PLACE, PLAT BOOK 17, PAGE 102, IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled 'Revised Plat of Subdivision for Boone, Boone & Loeb, Inc. creating hereon "PENN FOREST PLACE"', revised February 4, 1995, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 17, page 102, Boone, Boone & Loeb, Inc. dedicated certain public easements, including a storm water management easement across Lots 28,29,30 and 31; and, WHEREAS, the petitioner, Boone, Boone & Loeb, Inc., is the owner of Lots 28, 29, 30 and 31, Penn Forest Place; and, WHEREAS, the petitioner has requested that a portion of the storm water management easement be vacated pursuant to Section 15. 1-482(b) of the Code of --..., April 22, 1997 261 - Virginia (1950, as amended), which requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on April 8, 1997; and the public hearing and second reading of this ordinance was held on April 22, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors of Roanoke County acknowledges and consents to the vacation of a portion of the storm water management easement across Lots 28, 29, 30 and 31, Penn Forest Place, in the Cave Spring Magisterial District of the County of Roanoke, Virginia, as shown on the 'Revised Plat of Subdivision for Boone, Boone & Loeb, Inc. creating hereon "PENN FOREST PLACE"', revised February 4, 1995, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 17, page 102, and as further shown on the Exhibit ("Revised Storm water Management Easement," prepared by Lumsden Associates, P.C., dated 15 November 1996) attached hereto, pursuant to Section 15.1- 482(b) ofthe 1950 Code of Virginia, as amended; and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication costs, survey costs and recordation of documents, shall be the responsibility of the petitioner, Boone, Boone & Loeb, Inc., or their successors or assigns; and, 3. That the Department of Engineering and Inspections shall record a certified copy of this ordinance with the Clerk of the Circuit Court of Roanoke County, Virginia, and the recordation costs shall be payable by the petitioner. 4. That this ordinance shall be effective on and from the date of its adoption. 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 Minnix to adopt .the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Ordinanc.!! to reZOne approxil11atIJ1y 3.\J acres from C-1 to 1-2 to construct a vehicle maintena{lcef~cility and new access road. located on the south side· of West Main Street across from J\lIeghar y Drive. Catawba Magisterial District. upon the 262 April 22, 1997 - petition of Industrial Development Authority (Roanoke County). (Terry Harrington. Director of Planning & Zoning) 0-042297-11 Mr. Harrington advised that this request is part of the expansion of the Kroger Vehicle Maintenance Facility. At the Planning Commission meeting, Attorney Ed Natt advised that the berm and landscaping will be built along the entire Route 11/460 frontage, and the existing Garman Road intersection/entrance will be eliminated. Supervisor Eddy asked whether the area in the upper right corner of the property would be used and Mr. Natt advised it will be used for expanded parking in the future. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042297-11 TO CHANGE THE ZONING CLASSIFICATION OF A 3.00-ACRE TRACT OF REAL ESTATE LOCATED ON THE SOUTH SIDE OF WEST MAIN STREET ACROSS FROM ALLEGHANY DRIVE (TAX MAP NOS. 55.03-1-18, 19, 20) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION OF 1-2 WITH CONDITIONS UPON THE APPLICATION OF INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY WHEREAS, the first reading of this ordinance was held on March 25, 1997, and the second reading and public'hearing were held April 22, 1997; and, April 22, 1997 263 - - WHEREAS, the Roanoke County Planning C9mmission held a public hearing on this matter on April 1 , 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classifICation of a certain tract of real estate containing 3.00 acres, as described herein, and located on the south side of West Main Street across from Alleghany Drive, (Tax Map Numbers 55.03-1-18, 19, 20) in the Catawba Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of 1-2, Industrial District. 2. That this action is taken upon the application of Industrial Development Authority of Roanoke County. 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) Landscaping and the berm along Route 11/460 (West Main Street) shall be located in substantial conformance with the Kroger VMF site plan dated March 21, 1997, provided that the break for (old) Garman Road is deleted and the berm extended to new Garman Road. (2) Access to the property shall be solely from (new) Garman Road. There will be NO entrance to the site from (old) Garman Road. 4. That said real estate is more fully described as follows: All of those certain lots, parcels or tracts of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the Catawba District of the County of Roanoke, Virginia, designated and described as all of Lot No. Fifteen (15), all of Lot No. Sixteen (16), and the Western 70 feet of Lot No. Fourteen (14), as shown on the recorded Map of Fort Lewis Estates, of record in the Clerk's OffICe of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, at page 51, reference to which is hereby made for further description of said property; said real estate being further shown and designated upon the Roanoke County Land Records as Tax Map No. 55.03-1-18,55.03-1-19, and 55.03-1-20. 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 coRflict with the provisions of this ordinance be, and the S¡ime hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification' authorized by this ordinanq!. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: 264 April 22, 1997 ,= , AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None 3.. Ordinance to rezone aDproximately 2.35 acres from C-1 to 1-2 . to construct a vehicle maintenance facility and new access road. located on the south side of West Main Street across fr~m Alleahany Drive. Catawba Magisterial DistricL upon the petition of Industrial Development Authority {Burritt Estate). (Terry Harrington. Director of Plan 1ing & Zoning) 0-042297-12 Mr. Harrington reported that this rezoning will allow for the relocation of Garman Road to align with the existing traffic signal at Alleghany Drive and is part of the expansion of Kroger's Distribution Facility. He advised there were two conditions attached to this rezoning. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None ORDINANCE 042297-12 TO CHANGE THE ZONING CLASSIFICATION OF A 2.35-ACRE TRACT OF REAL ESTATE LOCATED ON THE SOUTH SIDE OF WEST MAIN STREET ACROSS FROM ALLEGHANY DRIVE (TAX MAP NOS. 55.03-1-14, 15, 16, 17) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION OF 1-2 WITH CONDITIONS UPON THE APPLICATION OF INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY ~ 'i· April 22, 1997 265 - WHEREAS, the first readíng of this ordinance was held on March 25, 1997, and the second reading and public hearing were held April 22, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 1 , 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 2.35 acres, as described herein, and located on the south side of West Main Street across from Alleghany Drive (Tax Map Numbers 55.03-1-14, 15, 16, 17) in the Catawba Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of 1.-2, Industrial District. 2. That thi.s action is taken upon the application of Industrial Development Authority of Roanoke County. 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) Landscaping and the berm along Route 11/460 (West Main Street) shall be located in substantial conformance with the Kroger VMF site plan dated March 21, 1997, provided that the break for (old) Garman Road i.s deleted and the berm extended to new Garman Road. (2) Access to the property shall be solely from (new) Garman Road. There will be NO entrance to the site from (old) Garman Road. 4. That said real estate is more fully described as follows: All those certain lots or parcels of land together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the County of Roanoke, Virginia, on the south side of U.S. Route 11/460 being designated and described as 5 feet of lot 14, the eastern 25 feet of lot 14, lot 13, and lot 12 on the map of Fort Lewis Estates recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, Page 51, reference to which is hereby made for a further description of said property, said real estate being further shown and designated upon the Roanoke County land records as Tax Map Numbers 55.03-1-17,55.03"1-16,55.03-1-15, and 55.03-1-14. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. AU ordinances or parts of ordinances in conflict with the provisions of thi.s ordinance be, ànd the same h~reby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 266 April 22, 1997 i On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Ordinance to rezone 17.5' acres from R-3 to C-2 and obtain a Special Use Pèrmit to construct a home for adults. located east of Aimort Road north of the terminus of Woodbury Street. Hollins . M~gisterial District. upon the petition of Shenandoah Homes Retirement VillaQes. (Terry Harrinaton. Director of Plannir:tg & Zoning) 0-042297-13 Mr. Harrington reported that this rezoning is for development of an assisted living facility at Shenandoah Homes Retirement Village. The proposal consists of up to 128 beds and 34 independent living units, and will include a central community building. The staff recommended conditions on both the rezoning and special use permit concerning the site plan, access to the property, and storm water runoff. The petitioners agreed to all the proposed conditions. The Planning Commission recommended approval of both the rezoning request and Special Use Permit. Ted Boggess, architect for the project, presented the proposal and advised that the facility will provide 100 permanent jobs. The Reverend Burger from Shenandoah Homes was also present to answer questions. ~ April 22, 1997 267 - - In response to a question from Supervisor Johnson, Reverend Burger advised that the 501 C3 tax exempt status would be extended to the property. Supervisor Johnson expressed concern that the County would be losing the taxes on the property if it became 501 C3. Supervisor Harrison noted that the site plan shows three access roads. Mr. Harrington responded that the proffers state that the only access will be at Airport Road and the others will be for emergencies only. In response to questions from Supervisor Eddy regarding drainage issues, Mr. Boggess advised they were working with a local engineering firm to address any drainage problems. In response to questions from Supervisor Nickens, Reverend Burger advised that the project will be developed by HCMF Corporation, who has applied to HUD, and would be managed by a Board of Directors elected by the church. Following discussion on whether the facility should pay a 20% service fee in lieu of taxes, Mr. Mahoney responded that this could not be a condition to the rezoning or permit because those conditions must relate to land use and that Commissioner of the Revenue Wayne Compton felt that the facility should be fully taxed. Supervisor Nickens asked Mr. Mahoney to reevaluate. Malcolm Jamison, 5715 Santa Anita Terrace, Boxley Hills Neighborhood Association advised that their only concern was drainage, and also requested cul-de- sacs at the end of Sierra Drive and Santa Anita Terrace to allow vehicles to turn around instead of backing down these streets. Otherwise, he. requested that the two streets be joined together. In response to an iRquiry from Supervisor Eddy, Mr. Harrington 268 April 12,1997 - advised that to provide cul-de-sacs, Shenandoah Homes would need to provide the land and there is no land available. Several Board members expressed concern about approving the request because of it's 501 C3 tax exempt status. Supervisor Eddy expressed support for the project. Following discussion on the possibility of postponing the rezoning for 60 days to review the request further, Supervisor Johnson moved to deny the ordinance and special use permit. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Minnix, Harrison, Nickens, Johnson Supervisor Eddy DENIAL OF ORDINANCE 042297-13 TO CHANGE THE ZONING CLASSIFICATION OF A 17.5-ACRE TRACT OF REAL ESTATE LOCATED EAST OF AIRPORT ROAD NORTH Of THE TERMINUS OF WOODBURY STREET (TAX MAP NO. 38.14-1-5) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS AND TO GRANT A SPECIAL USE PERMIT WITH CONDITIONS TO CONSTRUCT A HOME FOR ADUL TS, UPON THE APPLICATION OF SHENANDOAH HOMES RETIREMENT VILLAGE, INC. WHEREAS, the first reading of this ordinance was held on March 25, 1997, and the second reading and public hearing were held ApFi122, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 1 , 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of SupervisQrs of Roanoke County, Virginia, as follows: On motion of Supervisor Johnson to DENY approval of the ordinance and special use permit, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson ~ April 22, 1997 269 - NAYS: Supervisor Eddy - .§.. Ordinance amendina anc1 reenactil'1g Ordinance 82592-12 the Zoning Ordinimce. Section 30. to allow broadcasting towers . , only by special use 'Dermitin C-2. General Commercial Districts. 1-1 and 1-2. Industrial Districts. (Terry Harrington. Director of Planning & Zoning) 0-042297-14 Mr. Harrington advised that there were no changes to the ordinance since the first reading. John R. Mahanna, 3403 Londonderry Lane, spoke in support of the ordinance, and suggested that in the future when towers are installed, the neighborhoods affected by the tower should be informed. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None ORDINANCE 042297~14 AMENDING AND REENACTING ORDINANCE 82592-12, THE ZONING ORDINANCE FOR ROANOKE COUNTY, BY THE AMENDING SECTIONS 30-54-2 (A) 6, AND (B) 4; 30-61-2 (A) 6, 270 April 22, 1997 ~ = AND (B) 3; 30-62-2 (A) 6, AND (B) 3 TO ALLOW BROADCASTING TOWERS ONLY BY SPECIAL USE PERMIT IN C-2 GENERAL COMMERCIAL DISTRICTS, 1-1 AND 1-2 INDUSTRIAL DISTRICTS. WHEREAS, on August 25, 1992, the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance 82592-12 which enacted a new zoning ordinance for Roanoke County; and, WHEREAS, the Planning Commission for Roanoke County will hold its public hearing on this amendment on April 1, 1997, and will make a recommendation concerning approval of the ordinance adopting these amendments to the Board of Supervisors of Roanoke County, Virginia; and, WHEREAS, in the interest of public necessity, convenience, general welfare, and good zoning practice, the Board of Supervisors hereby amends certain provisions concerning broadcasting towers in the various zoning districts of the County; and WHEREAS, legal notice and advertisement has been provided as required by law, and that the first reading of this ordinance was held on March 25, 1997; and the second reading and public hearing will be held on April 22, 1997. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, that the Zoning Ordinance for Roanoke County, adopted on August 25, 1992, be, and hereby is, amended and reenacted, as foll.ows: 1. That Sections 30-54-2 (A) 6, AND (B) 4; 30-61-2 (A) 6, AND (B) 3; and 30-62-2 (A) 6, AND (B) 3 be amended to read and provide as follows: ARTICLE III. DISTRICT REGULATIONS Section 30-54-2. Permitted Uses (A) The following uses are permitted by right subject to aU other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified, or more stringent standards are listed in Article IV. Use and Design Standards, for those specific uses. 6. Miscellaneous ~ Dreadc83ting Tov,er Section 30-54-2. Permitted Uses (B) The following uses are aHowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified, or more stringent standards are listed in Article IV. Use and Design Standards, for those specific uses. 4. Miscellaneous i >:::: gtªI.~ìiHgIItQ\fgr " Section 30-61-2. Permitted Uses (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates ~ April 22, 199'7 271 - - additional, modified, or more stringent standards are listed in Article IV. Use and Design Standards, for those specific uses. 6. Miscellaneous * . Droadc:asti,"g Tower Section 30-61-2. Permitted Uses (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified, or more stringent standards are listed in Article IV. Use and Design Standards, for those specific uses. 3. Miscellaneous it . Îl.(.~j.ilim.1 £ Section 30-62-2. Permitted Uses (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified, or more stringent standards are listed in Article IV. Use and Design Standards, for those specific uses. 6. Miscellaneous .! DreaeJcs3ting Tð<hSf Section 30-62-2. Permitted Uses (8) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified, or more stringent standards are listed in Article IV. Use and Design Standards, for those specific uses. 3. Miscellaneous * IIt._iRII[I] 2. That this ordinance shall take effect from and after April 22, 1997. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None §. Ordinançe amendino and reenactinQ the 1985 Comprehensive Plan by the incorDoration of the Con,?eptual Greenwav Plan. Roanoke Valley. (Jon Hartlev. Ai\isistant Director of Planning & Zonina) 272 April 22, 1997 = , 0-042297-15 Mr. Hartley reported that the Conceptual Greenway Plan was prepared in December 1995 with funds provided by the four local jurisdictions in the Roanoke Valley. The Plan recommended a network of 51 on-road and off-road trails and paths that would link areas of commercial, cultural, and recreational activity with residential neighborhoods. Additionally, the Planning Commission and staff have prepared an addendum to provide specific guidance in implementing the Plan in Roanoke County. The addendum has been modified based on requests made at the first reading on April 8, 1997. Liz Belcher, Greenway Coordinator, was present to answer questions. Supervisor Eddy moved to adopt the ordinance and addendum. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042297-15 AMENDING THE 1985 COMPREHENSIVE PLAN BY INCORPORATING INTO SAID PLAN THE CONCEPTUAL GREENWAY PLAN, ROANOKE VALLEY, VIRGINIA WHEREAS, the Roanoke County Board of Supervisors adopted the Roanoke County Land Use Plan on June 25,1985; and WHEREAS, public necessity, convenience, general welfare and good zoning practice has from time to time required that this plan be modified; and WHEREAS, the Roanoke Valley Greenways/Open Space Steering Committee has, with the full support and participation of Roanoke County, completed the Conceptual Greenway Plan, Roanoke Valley, Virginia dated December 1995; and WHEREAS, the Planning Commission has reviewed and discussed the analysis, conclusion, and recommendations of the Conceptual Greenway Plan, ~ April 22, 1997 273 - Roanoke Valley, Virginia, and following a duly advertised public hearing as required by Section 15.1-431 of the Code ofVirginJa, 195O,as amended, on April 1, 1997, adopted a motion recommending that the Roanoke County Comprehensive Plan be amended to incorporate the analysis, conclusions, and. recommendations of said Plan with the attached addendum; and i WHEREAS, the first reading of this ordiné!nce was held on April 8, 1997; the second reading and public hearing was held on April 22, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the 1985 Roanoke County Comprehensive Plan is hereby amended to incorporate the analysis, conclusions and recommendations of the Conceptual Greenway Plan, Roanoke Valley, Virginia, with the attached addendum. The Plan and the addendum contain information, policy, goals, objectives, and recommendations to guide the County in the greenway development process. 2. That the effective date of this ordinance shall be April 22, 1997. On motion of Supervisor Eddy to adopt the ordinance and addendum, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: CITIZEN COMMENTS AND COMMUNICATIONS 1. Reverend BurQer. Shenandoah Homes spoke on Shenandoah Homes , Retirement Villages' rezoning and advised denial would be a burden for the church because they already spent so much money on the proposed project. He asked the Board to reconsider. 2. Keith Green HCMF. Vista Forest priye, requested reconsideration of the Shenandoah Home.s Retirement Villages' rezoning because there were legal questions regarding tax exempt status that needed to be answered. 3. Malc91m Jamison 5715 Santa Anita Terrace, also requested reconsideration of the request and felt that it was a good project. '~ 274 April 22, 1997 INRE: ADJOURNMENT = = At 9:01 p.m., Chairman Johnson declared the meeting adjourned. Submitted by, Approved by, ~.H: ~~ Mary H. Allen, CMC Clerk to the Board ~ Chairman ~,