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HomeMy WebLinkAbout9/23/1997 - Regular ~ September 23,1997 549 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 23, 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 September, 1997. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: Vice Chairman, Harry C. Nickens 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 Steven W. Harris, Baptist Children's Home. The Pledge of Allegiance was recited by all present. 550 September 23, 1997 - INK~. Kt;QUt;~ 1 ~ 10 r-v..I,"ONI:, ADD TO, OK (;I'tANGI: TI'tI: OKDI:K 01" - AGENDA ITEMS Chairman Johnson announced that the public hearing and second reading of ordinance of the petition of Ernest Clark has been continued at the request of the petitioner until the October 28, 1997 meeting. Mr. Hodge added a resolution of congratulations to KPMG Peat Marwick LLP upon their 100th anniversary. Clerk Mary Allen advised that approval of the August 19, 1997 minutes was being removed from the Consent Resolution so that County Attorney Paul Mahoney could review them. Chairman Johnson advised that the public hearing and second reading of ordinance upon the petition of Marc I. Wilson might be delayed. An executive session item pursuant to the Code of Virginia, Section 2.1-344 A (3) acquisition of private property for public use was added. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1... Resolution of Congratulations to KPMG Peat Marwick LLP UDon their 100th anniversary and in recognition of their contributions to the Roanoke Valley R-092397-1 Chairman Johnson presented the resolution to Tracy Smith, Senior Manager, KPMG. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: ~ September 23,1997 551 - AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 092397-1 OF CONGRATULATIONS TO KPMG PEAT MARWlCK LLP ON THEIR 100TH ANNIVERSARY AND IN RECOGNITION OF THEIR CONTRIBUTIONS TO THE ROANOKE VALLEY WHEREAS, KPMG has over 800 offices in 125 countries with 76,000 professionals providing accounting, auditing and consulting services, and WHEREAS, KPMG Peat Marwick LLP has 135 offices throughout the United States, including, for over 25 years, an office in the Roanoke Valley with approximately 40 professionals serving over 35 businesses, agencies and governmental organizations, and WHEREAS, KPMG Peat Marwick LLP personnel have served as volunteers in the community for charitable and civic organizations including the YMCA, Junior Achievement, Roanoke Jaycees, Literacy Volunteers, Kiwanis, Rotary and other agencies; and have provided financial support to organizations such as the United Way, Explore Park, Center in the Square, and the New Century Council; and WHEREAS, on September 22, 1997, in recognition of their 100th anniversary, KPMG Peat Marwick LLP closed all their offices in the United States, and their 20,000 partners and employees performed various community services in their localities. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, offers its sincere congratulations to KPMG Peat Marwick LLP upon the occasion of its 100th anniversary; FURTHER, the Board of Supervisors expresses its deepest appreciation to the employees of KPMG Peat Marwick LLP, especially those in the Roanoke Office, for honoring this important milestone in such a caring and sharing manner by volunteering their services to the citizens and organizations of the Roanoke Valley. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens . INRE: NEW BUSINESS 1... Request to aDDroDriate funds to reimburse Botetourt County for 552 September 23,1997 - prior year revenues collected in Jack Smith Industrial Park. (Diane Hyatt. Finance Director) A-092397 -2 Ms. Hyatt reported that on August 25, 1988, Roanoke County and Botetourt County signed a revenue sharing agreement for revenues generated from a joint industrial development park located partly in Botetourt County and partly in Roanoke County. The agreement stipulated that the two counties would share equally in local real estate, personal property, machinery and tools, business license and any other taxes collected on the businesses in the industrial park. Ms. Hyatt explained that Botetourt County's portion of personal property, machinery and tools and business license tax has been remitted to them, but the portion owed on real estate tax was not. In addition, Botetourt County has collected tax on businesses located on their side of the industrial park that has not been remitted to Roanoke County. Ms. Hyatt presented an analysis of the taxes owed to Botetourt County less the taxes that are owed from Botetourt County, showing a net amount due to Botetourt County of $158,280.86. These taxes had been collected in prior fiscal years and were recorded as revenue so it is necessary to appropriate the funds from the unappropriated balance. Ms. Hyatt advised that in the future this analysis will be done as part of the year end closing procedures. ~ September 23,1997 553 - Following discussion, Supervisor Johnson moved to appropriate $158,280.86 from the unappropriated balance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens .2. Request from Schools for an advance of $50.000 for start up cost for Phase I of the School CaDital Construction. (Martin L. Robison. Assistant School Superintendent) R-092397-3 Mr. Robison advised that the acquisition of land in South County for the proposed new high school involves environmental assessments, advertising costs for architects and engineers, core drilling, and other related costs. The School Board is requesting an advance of $50,000 to cover these costs. Mr. Robison reported that they did not have a final recommendation on the land yet. Supervisor Eddy suggested removing the clause in the resolution that the School Board now desires to acquire land in South County. Supervisor Minnix moved to adopt the resolution authorizing the advance of $50,000 corrected as Supervisor Eddy suggested. The motion carried by the following recorded vote: 554 September 23, 1997 = AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 092397-3 TO ADVANCE FUNDS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH THE ACQUISITION, RENOVATION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS FOR SCHOOL PROJECTS WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County Board") adopted a resolution on August 19, 1997 declaring its intention to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and/or to be made in connection with the acquisition, renovation, construction and equipping of certain capital improvements for school projects, and WHEREAS, the School Board (the "School Board") of the County of Roanoke, Virginia (the "County") adopted a resolution on August 28, 1997 declaring its intention to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and/or to be made in connection with the acquisition, renovation, construction and equipping of certain capital improvements for school projects, and WHEREAS, The School Board has requested an advance of $ 50,000 for environmental assessments, advertising costs for architects and engineers, core drilling, and other costs related to the acquisition of land in South County, NOW THEREFORE BE IT RESOLVED that the County Board will advance the sum of $50,000 to the School Board for environmental assessments, advertising costs for architects and engineers, core drilling, and other costs related to the acquisition of land in South County. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens 3. Request for approval of expenditures from Public-Private Partnership Funds on behalf of PD Lodging Associates (Brian Duncan. Assistant Economic DeveloDment Director) - September 23,1997 555 - A-092397-4 Mr. Duncan advised that PA Lodging Associates will construct a three-story, 60 room motel with an indoor swimming pool, fitness center and meeting rooms. The estimated investment for the project is $3,465,000 with projected annual revenue estimated to be $1,100,475. Annual taxes generated have been calculated at $87,717. This project meets the criteria for Public-Private Partnership funds and staff is requesting approval of $78,148 which is 50% of the connection fee for water, sanitary sewer and fire service. Supervisor Johnson moved to approve $74,148 from public private partnership funds. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first readings after discussion of Items 1 and 6, and set the second readings and public hearings for October 28, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Johnson NAYS: None IN RE: 556 September 23,1997 ABSENT: Supervisor Nickens 1... First reading of ordinance to rezone 0.99 acre from R-1 to C-1 located on Valley Forae Avenue 100 feet south of the intersection of Valley Forge Avenue and Concord Place. Cave Spring Magisterial District. upon the Detition of Maynard Mannim,J. 2. First reading of ordinance to conditionally rezone 5 acres from R-3 to C-2 and obtain a Special Use Permit to bring a nonconforming use into conformity. located at 5300 Hawthorne Road. Hollins Magisterial District. upon the petition of Shenandoah Homes. 3. First reading of ordinance to obtain a Special Use Permit to expand the existing restaurant with drive-thru window. located at 4369 Electric Road. Cave Spring Magisterial District. upon the petition of Wendy's of Western VA. 4. First reading of ordinance to amend conditions on 1.14 acres zoned C-2C to construct office buildings. located at 5440 Peters Creek Road. Hollins Maaisterial District. UDon the petition of Radford & Co. 5. First reading of ordinance to obtain a Special Use Permit to construct a regional storm water management basin (utility services. maior) and for a Section 15.1-456 review for consistency with the Roanoke County Comprehensive Plan. located 400 feet northwest of the intersection of Ambassador Drive and Envov Drive. Catawba Magisterial District. upon the petition of the City of Roanoke (Montclair). 6. First reading of ordinance to obtain a Special Use Permit to construct a regional storm water management basin (utility services. maior) and for a Section 15.1-456 review for consistency with the Roanoke County Comprehensive Plan. located 300 feet southeast of the terminus of Candlelight Circle. Catawba Magisterial District. upon the petition of the City of Roanoke (North Lakes). 7. First reading of ordinance to rezone 2.044 acres from C-2 conditional to C-2 to construct an office building. located at 3743 ~. September 23, 1997 557 - Challenger Avenue. Hollins Maaisterial District. upon the Detition of Jack F. Walrond. Jr. ~ First readina of ordinance to rezone approximately 22 acres from R-1. R-3. and C-2C to C-2 in order to construct a retail store located on Route 220 and Valley Avenue. Cave Sprina MaQisterial District. UDon the petition of Lowe's Co. Inc. 9. First readina of ordinance to obtain a Special Use Permit to construct a 190 foot self·supportina broadcast tower. located at 5585 Catawba Hospital Drive. Catawba Magisterial District. upon the Detition of Ohio State Cellular Phone Co.. Inc. INRE: FIRST READING OF ORDINANCES 1... First readina of an ordinance authorizina the construction of and financing for a Local Public Works Improvement Proiect - Brushy Mountain Water Proiect. (Garv Robertson. Utility Director) Mr. Rob~rtson advised that several residents in the Little Brushy Mountain area have petitioned Roanoke County for public water service. The current private system is aging and has limited source capacity. Many well users have also testified that they have poor water quality. The estimated construction cost to extend water service is $780,000 to serve approximately 90 potential connections. The cost includes $105,000 funding participation by the Utility Department to provide for future expansion. In September 1996, letters were sent to 74 property owners to determine if a majority of the property owners were willing to pay $7,500 for water service. Forty-five property owners expressed interest. Mr. Robertson explained that if the project is approved, a special water 558 September 23, 1997 - service area would be established for a period of ten years that would include a fee structure for recovering the construction costs. The special connection fee would include a construction cost of $7,500 and off-site facility fee in effect at the time of connection. For initial participants who request financing, staff recommends a limit of $3,750. Staff recommended approval of the ordinance. Supervisor Harrison announced that he would not participate in the discussion or vote because he lives in the area. Supervisor Johnson moved to approve the first reading and set the second reading for October 14, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens ABSTAIN: Supervisor Harrison 2. First reading of ordinance authorizing the donation of lease of office space in the Roanoke County Administration Center to the Roanoke Valley Greenway Commission. (Paul Mahoney. County Attorney) Mr. Mahoney advised that the proposed lease provides office space to the Greenway Coordinator and authorizes the County to act as the fiscal agent for the Greenway Commission and to provide payroll and procurement services at no cost to the Commission. The Commission will be responsible for its own budget including the ~, September 23,1997 559 - Coordinator's salary and benefits and other operating expenses such as telephone, duplicating and postage charges. Mr. Mahoney advised that Supervisor Eddy had offered suggested changes to paragraph 10 and Finance Director Diane Hyatt had suggested changes to paragraph 1. He requested approval of the first reading and he will bring back the agreement in final form at the second reading on October 14. Supervisor Eddy advised that he would like to have the Greenway Commission approve the agreement in principal at their next meeting. Supervisor Minnix moved to approve the first reading with suggested changes by Supervisor Eddy and Ms. Diane Hyatt, and set the second reading for October 14, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens INRE: SECOND READING OF ORDINANCES 1... Second readina of ordinance authorizing the vacation of a portion of an existing 20 foot sanitarY sewer easement across Lot 4. Block 4. Section 2 of Hollins Gardens. (Garv Robertson. Utility Director) 0-092397 -5 560 September 23, 1997 - There was no discussion of this item and no citizens to speak. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens ORDINANCE 092397-5 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 20-FOOT SANITARY SEWER EASEMENT ACROSS LOT 4, BLOCK 4, SECTION NO.2 OF HOLLINS GARDENS WHEREAS, by subdivision plat entitled "Plat of Section No. 2 HOLLINS GARDENS", dated October 1, 1959 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 4, page 37, Dalton 0., J. E., and J. D. Oyler, dedicated to public use a sanitary sewer easement, twenty feet (20') in width, across certain lots in the subdivision, including Lot 4, Block 4; and, WHEREAS, the petitioners, Jimmie R. Hollandsworth and Dorothy P. Hollandsworth, husband and wife, are the owners of Lot 4 and the easterly 10 feet of Lot 3, Block 4, Section NO.2 of Hollins Gardens, and designated on the Roanoke County Land Records as Tax Map No. 27.11-4-55; and, WHEREAS, a recent survey of said property reflects that the residential dwelling located thereon encroaches upon the west side of the existing 20' sanitary sewer easement; and, WHEREAS, the petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate a portion of the sanitary sewer easement; and, WHEREAS, by deed of easement dated June 6, 1996, and recorded in Deed Book 1532, page 1336, the petitioners have granted to the Board of Supervisors of County of Roanoke a new sanitary sewer easement across Lot 4, Block 4; and, WHEREAS, the sum of $2,175.98 has been deposited with the Utility Department to cover the costs for relocation of the line and easement in order to meet the requirements of the Utility Department; and, WHEREAS, § 15.1-482(b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.1-431 of the 1950 Code of Virginia, as amended, and first reading of this ordinance was held on September 9, 1997; and the public hearing and second reading of this ordinance was held on ~ September 23,1997 561 - September 23, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of the 20' sanitary sewer easement across property owned by Jimmie R. Hollandsworth and Dorothy P. Hollandsworth, husband and wife, shown cross-hatched and designated as "EX. 20' SANITARY SEWER EASEMENT (P.B. 4, PG. 37)(TO BE VACATED)" upon the 'Plat Showing New Sanitary Sewer Easement Being Granted to the County of Roanoke by Jimmie R. Hollandsworth & Dorothy P. Hollandsworth' dated 23 February 1996, made by Lumsden Associates, P.C., a copy of which is attached hereto as Exhibit A, be, and hereby is, vacated; and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to, sewer line relocation costs, publication costs, survey costs and recordation of documents, shall be the responsibility of the petitioners, Jimmie R. Hollandsworth and Dorothy P. Hollandsworth, or their successors or assigns; and, 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.1-482(b) of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens 2. Second readino of ordinance to grant the right to use a County water line easement for Drivate sanitarv sewer service by Cicero H. Hall. Jr. and Doris B. Hall. (Garv Robertson. Utility Director) 0-092397-6 There was no discussion of this item and no citizens to speak. Supervisor Johnson moved to adopt the ordinance. The motion carried by 562 September 23,1997 - = the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens ORDINANCE 092397-6 AUTHORIZING THE COUNTY ADMINISTRATOR TO GRANT THE RIGHT TO USE A COUNTY WATER LINE EASEMENT FOR PRIVATE SANITARY SEWER SERVICE BY CICERO H. HALL, JR. AND DORIS B. HALL WHEREAS, John M. Oakey, Inc., a Virginia corporation, is the owner of a certain parcel of land (Tax Map No. 112-(2)-B) on Alternate Route #220 located partially in the County of Roanoke and partially in the County of Botetourt, Virginia; and, WHEREAS, Roanoke County has an existing 20' water line easement running along the southern boundary line of the Oakey parcel granted by easement document dated February 8, 1990 of record in Deed Book 1320 at page 352; and, WHEREAS, Cicero H. Hall, Jr. and Doris B. Hall are the owners of a certain parcel of land (Tax Map No. 112-(2)-C) located east of and adjacent to the Oakey property, and the Halls need to acquire a 10' private sewer easement within the public easement in order to provide service to their property; and, WHEREAS, the proposed private easement does not conflict with the present or proposed County use of the existing water line easement; and, WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on September 9, 1997; and a second reading was held on September 23, 1997. THEREFORE BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject private easement does not conflict with the specified public use of the easement, the form of the real estate interest in the subject water line easement renders it unacceptable and unavailable for other public uses, and and is hereby declared to be surplus; and, 2. That conveyance Cicero H. Hall, Jr. and Doris B. Hall of a 10' private sanitary sewer easement within the existing 20' water line easement, as shown upon the plat dated June 2,1997, made by Shanks Associates, P.C., a copy of which is attached hereto, is hereby authorized. 3. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as may be necessary to accomplish the conveyance, all of which shall be on form approved by the County September 23,1997 56J - Attorney. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens IN RE: APPOINTMENTS 1.. Fire Code Board of Appeals (Board of Adiustments and Appeals) Supervisor Eddy nominated David M. Shelton, Jr., Electrical Engineer, to serve a four year term as alternate which will expire October 14, 2001. 2. Grievance Panel It was the consensus of the Board to add two additional alternate members to assure minority and female representation. Mr. Mahoney will bring back an employee handbook amendment to add the alternates at the October 14, 1997 meeting. 3. Hanaina Rock BattleQround and Rail Preservation Foundation. Supervisor Eddy nominated Tim Gubala to serve another three year term which will expire October 24, 2000. 4. Industrial Development Authority Supervisor Minnix nominated Bill Branch to serve another four year term which will expire September 27, 2001. IN RE: CONSENT AGENDA R-092397-7: R-092397-7.b: R-092397-7.c 564 September 23,1997 - Supervisor Minnix moved to adopt the Consent Resolution with Item 1 removed. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson -... NAYS: None ABSENT: Supervisor Nickens RESOLUTION 092397-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for September 23, 1997, 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 6, inclusive, as follows: 1. A 3 :>fð·.·sl ef Mil'1utes August 1~, 1 ~~7 2. Confirmation of Committee Appointments to the Grievance Panel and the Commission for Senior and Challenged Citizens. 3. Request for acceptance of Hollins Court Circle into the Virginia Department of Transportation Secondary System. 4. Resolution of appreciation upon the retirement of George H. Altice, Jr., General Services Department. 5. Donation of 15 foot drainage easement on property owned by Brian M. & Ellen Hancock to the Board of Supervisors. 6. Acceptance of water and sanitary sewer facilities serving Lilies of the Gardens, Section 3. 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 Minnix to adopt the resolution, and carried by the ~ September 23,1997 5~ - following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 092397-7.b REQUESTING ACCEPTANCE OF HOLLINS COURT CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form .SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Reauirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved by: Supervisor Minnix Yeas: Supervisors Eddy. Minnix. Harrison. Johnson Nays: ~ Absent: Supervisor Nickens RESOLUTION 092397-7.C EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GEORGE H. ALTICE, JR. FOR OVER TWENTY-THREE YEARS OF SERVICES TO ROANOKE COUNTY WHEREAS, George H. Altice, Jr. was first employed on July 16,1973 as a Building Maintenance Man in the General Services Department, and has served since June 25, 1979 as Building Maintenance Supervisor; and WHEREAS, George H. Altice, Jr., through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to GEORGE H. ALTICE, JR. for over twenty-three years of capable, 566 September 23, 1997 - loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens INRE: REQUESTS FOR WORK SESSIONS Supervisor Eddy requested that a work session be held on the comprehensive plan update. Chairman Johnson scheduled this for the November 18, 1997 meeting. INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson: (1) He advised that he received a memorandum from Tim Gubala regarding what other localities are doing about charging fees and a percentage of outstanding debt of IDA bond issues. He feels that the County needs to investigate this as a source of funding for the school capital needs, greenways and bikeways. (3) He attended the Senior Expo at the Civic Center and thought everyone did an excellent job. He noted that the County participated. (4) He advised that those running for Governor are recommending changes to the personal property tax, but residents are beginning to look at the effect it will have on local governments. Supervisor Harrison: (1) He noted that taxes are approved by the General Assembly and not by the Governor. (2) He advised that on Saturday, September 20, ~ September 23, 1997 567 - Supervisor Eddy, Roanoke City Mayor David Bowers and he, along with many others, cleared trails at Hanging Rock. (3) He also attended the Marine Mud Run at Green Hill Park. He advised that the crowd was tremendous and he was very impressed. (4) He advised that there is someone along Mason Cove who is unhappy with the change of Mason Cove School to Glenvar Middle and Glenvar High School, and parked a vehicle near the comer of Bradshaw and Route 311 advertising his displeasure with this and with other complaints. He asked the staff to see if this is a zoning violation. (5) He thanked the Board for taking action on a water system for his neighborhood and honored Jess Bradley for keeping the system going for so long. Supervisor Eddy: (1) He advised that he was pleased with the results of the SAT scores at Glenvar High school which were the highest in the Valley. (2) On September 12 he attended a Pollution Prevention work shop sponsored by DEQ. They have a pollution prevention office and are promoting the idea of local governments enacting pollution preventing activities. He asked staff to investigate whether the program would be beneficial in the County. Chairman Johnson asked Mr. Hodge to prepare a report. (3) He attended a meeting on September 19 at Arnold Burton School on the new technology machinery tools donated to the school. (4) He sent a memorandum on September 17 requesting consideration of establishing a Commission on Youth to look at gang activities, smoking, drinking and other issues affecting teens. He asked if there was support from other Board members. Chairman Johnson asked Mr. Hodge to contact the School Superintendent and report back. (5) He suggested in a memo that a simplified 568 September 23, 1997 financial report be developed to be used to educate citizens. Supervisors Johnson and Harrison agreed. Mr. Hodge responded that it would take staff resource time and publication costs and could be included in budget process. Supervisor Eddy advised that he would be willing to develop the report. (6) He also sent a memorandum regarding improving the utility billing format. Mr. Hodge agreed and advised that they are working on this; that the computer system would have to be replaced; and that there are several alternative solutions. Mr. Hodge reported on other potential changes in the utility billing system. He will report back to the Board in 4 to 6 weeks. (7) He asked if there had been any progress on reducing the cost of the Sewage Treatment Plant. Utility Director Gary Robertson responded that he should have cost figures shortly and he will report back to the Board. (8) He was pleased with the 1998 positions on issues such as greenways, storm water management, and protecting ridgelines and viewsheds, recently adopted by the Regional Homebuilders Association. Supervisor Minnix: (1) He congratulated the Shell Station located on Route 419 across from Hardee's for their fine job of landscaping. (2) He received a petition from citizens from Spring lawn about their concerns with the Virginia Department of Transportation project. He asked Arnold Covey, Director of Engineering & Inspections, or Mr. Hodge to respond and send him a copy of the response. (3) He advised that the Board will receive an invitation from Mill Mountain Zoo for a special day honoring elected officials. He encouraged the Board members to attend. (4) He noted that he also attended Senior Expo and thought it was great. (5) He asked Mr. Hodge about progress ~ September 23,1997 569 - at R. R. Donnelley-Phase II. Mr. Hodge updated the Board and advised that Phase II is scheduled for 1999. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Dan SDangler. 2734 Embassy Drive. asked about progress on the Montclair Detention Pond, and acquisition of the Harris property. Mr. Hodge responded that he had talked with the Roanoke City officials and told them that the Harris property has to be completed before they come to the Board of Supervisors for their Special Use Permit. 2. Reed McGhee. 1076 Quail Drive. Goodview. VA. advised that there was a groundhog under his rental property located in Roanoke County and he was dissatisfied with the response he received from an Animal Control officer who informed him that they did not work with wild animals and would not allow him to borrow a trap. Supervisor Johnson responded that Mr. McGhee should complain to the State because state funds have been reduced. Supervisor Minnix offered to help him trap the groundhog. 3. Ronald Ramsey. 6635 Poage Valley Road Ex!. spoke about the Conrail Carve-Up and the possibility of job losses for Norfolk Southern employees. He requested that the Board write a letter to Linda Morgan, Chairman of the Surface Transportation Board opposing the Conrail Carve-up. IN RE: REPORTS 570 September 23,1997 - Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1... General Fund UnaDDroDriated Balance 2. CaDital Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid - Auaust 1997 IN RE: EXECUTIVE SESSION At 4:45 p.m., Supervisor Johnson moved to go into Executive Session following the work session pursuant to the Code of Virginia Section 2.1-344 A. (3) disposition of publicly held property; 2.1-344 A (5) discussion of a prospective business or industry where there has been no previous announcement; 2.1-344 A (1) discussion of a personnel matter; 2-1-344 (A) (3) acquisition of private property for public purposes. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens IN RE: WORK SESSION 1... South County District Park Master Plan The work session was presented by Director of Parks & Recreation Pete ~ September 23, 1997 571 - Haislip, and members of the Parks & Recreation Advisory Commission and the Citizens Planning Committee. Mr. Haislip offered two options: Plan A which is designed to use all of the available property and Plan B which would include both a school sports complex and park land. There was a slide presentation showing how the two options would be completed. The staff recommendations included: (1) the transfer of $216,000 from the 1992 bond funds; (2) the appropriation of $20,000 for design of Phase I; (3) application for VDOT park access funds; (4) inclusion of $100,000 in the 1998-99 CIP; and (5) acquisition of the 11 acre school board tract. It was the consensus of the Board to move forward, and staff was asked to bring back the requests at the October 14, 1997 meeting. IN RE: CERTIFICATION OF EXECUTIVE SESSION R-092397 -8 At 6:42 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 Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT Supervisor Nickens RESOLUTION 092397-8 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 572 September 23,1997 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 resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1... Second reading of ordinance authorizing a Special Use Permit to construct a communications tower. located at 6332 Franklin Road. Cave Spring Magisterial District. upon the petition of Michael Pruden for CFW Wireless. (Terry Harrinaton. Planning & Zonina Director) (CONTINUED FROM AUGUST 19. 1997) 0-092397-9 Mr. Harrington advised that at the Board of Supervisors meeting on August 19, the Board tabled this item for 30 days to allow the staff and applicant the opportunity to conduct a balloon test to determine the visibility of the tower from various points in the County. The balloon was elevated at a location approximately 200 yards from the actual site of the proposed tower. The Planning Commission has recommended that the tower ~ September 23,1997· 573 - - be increased to 170 feet in height from the 150 feet requested by CWF to increase the potential for the co-Iocation of other wireless vendors. The site chosen for the balloon test was approximately 100 feet lower in elevation than the tower site. For this reason, the balloon was raised to a height of 270 feet above base elevation. Mr. Harrington reported that based upon the balloon test, the tower will be visible to north and south bound traffic on Route 220 and from numerous vantage points on Crowells Gap Road and Red Hill Road. It will also be visible from many properties on the west and east sides of Route 220. The following citizens spoke in opposition to the tower 1. CraiQ Gould. 6433 Crowell GaD Road Roanoke spoke in opposition because the tower would be visible from his property and drastically affect his view. He felt it would devalue his property. 2. Randy Kinaery. 6506 Crowells Gap Road Roanoke suggested that the balloon should have been kept up a few days instead of just few hours. 3. Rebecca Knapp. 6394 Red Hill Road. Boones Mill, advised that the road to the tower site had been abandoned for 30 years and they will have to cut down trees to get to it. She advised that if the road is opened up, she will have problems with people parking near her home. Michael Pruden, representing CFW Wireless, advised that the road will be gated and only used about once a month, and use will be limited to CFW and the owner. He also questioned whether property is devalued because of a tower location. 574 September 23,1997 Supervisor Minnix moved to establish a committee to develop policies and guidelines for the location of communication towers. Mr. Harrington advised that a regional committee had been established to look at this issue. Chairman Johnson ruled that Supervisor Minnix's motion was out of order. Supervisor Minnix moved to continue the item for ninety days. The motion was defeated by the following recorded vote: AYES: Supervisors Minnix NAYS: Supervisor Eddy, Harrison, Johnson ABSENT: Supervisor Nickens Supervisor Minnix moved to approve the request at the lowest altitude (152 feet) acceptable to CFW, and that the applicant must come back to the Board of Supervisors for any higher levels. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens Supervisor Minnix moved to establish a committee to develop guidelines and policies in regard to the placing of wireless communication towers. The committee should include County staff, one citizen from each district appointed by the supervisors; two representatives from the wireless communication industry; regional representatives from Roanoke City, City of Salem, and Town of Vinton. The motion carried by the following recorded vote: ~ September 23,1997 575 - - AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens ORDINANCE 092397-9 GRANTING A SPECIAL USE PERMIT TO MICHAEL PRUDEN FOR CFW WIRELESS TO CONSTRUCT A COMMUNICATIONS TOWER AT 6332 FRANKLIN ROAD (TAX MAP NO. 107.00-2-19), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Michael Pruden for CFW Wireless has filed a petition to construct a communications tower located at 6332 Franklin Road (Tax Map No. 107.00-2- 19) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 5, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 22, 1997; the second reading and public hearing on this matter was held on August 19, 1997, and this matter was continued to September 23, 1997. 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 Michael Pruden for CFW Wireless to construct a communications tower located at 6332 Franklin Road (Tax Map No. 107.00-2-19) in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: 1. The height of the tower structure, excluding any antenna attached to the structure, shall not be more than 152 feet. No microwave or other dish type antenna shall be allowed on the tower. This structure shall be constructed to accommodate a structure capable of being increased to 195 feet; however, the tower structure shall not be increased to 195 feet unless the increase is required to accommodate co-location of equipment for another vendor/provider, and any increase shall be subject to an additional special use permit application. 2. The tower structure and all attached support hardware shall be painted a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. 576 September 23, 1997 - - 3. No lighting shall be installed on the tower structure or equipment building except for security lighting not to exceed a height of 25 feet in height. 4. This tower shall be structurally designed to carry sufficient loading and the site developed to accommodate the additional buildings necessary to accommodate co-locating of communications equipment of at least one other vendor/provider in order to minimize the proliferation of towers in the vicinity of this site. In addition, by executing the special use permit requested, the applicant agrees to make the tower available for lease within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required for the additional capacity. 5. If the use of the tower structure for wireless communications is discontinued, the tower structure shall be dismantled and removed from the site within 30 days of notice by the County and the special use permit shall become void. 6. Any damage to the existing road, resulting from the construction or operation of the tower, shall be repaired at the expense of the petitioner. 7. Public emergency communications equipment shall be accommodated at no expense to the County. 8. The applicant shall install a locked gate at the entrance to the private right-of-way. 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 Minnix to adopt the ordinance with revised conditions, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens 2. Second readina of ordinance amending and reenacting Sections 5-21 and 5-24 of Article II. DOQs. Cats and other Animals. of ~ September 23, 1997 577 - Chapter 5. Animals and Fowls. of the Roanoke County Code to permit the keepinQ of as manv as three dOQs in a dwelling unit and Section 30-29-2. Residential Use TYDes (private Kennel) of the Roanoke County Zoning Ordinance. fTel1)' Hanington. Planning & Zonino Director) Mr. Harrington reported that the Board requested that they consider code changes to increase the number of dogs a resident may have before a private kennel permit is required. Currently, a kennel permit is required for three or more dogs. The Board is considering increasing the limit from two to three. Both the Roanoke County Code and the Roanoke County Zoning Ordinance must be amended to accomplish this. Mr. Harrington advised that also proposed is a change in the zoning ordinance to reduce the age of dogs subject to this definition from six months to four months to agree with the state code that require dog licenses for dogs four months or older. This will bring the zoning ordinance into conformity with the state and county codes. The Planning Commission recommended approval. Kathy Casey. 4949 Apple Tree Drive, requested an increase to a total of five dogs. The following citizens spoke in support of increasing the number of dogs allowed to three: 1. Randy Turner. 3613 Jannev Drive 2. Kelly Bane. 3639 Overbrook Drive 578 September 23,1997 - 3. Tim Bane. 3639 Overbrook Drive 4. T. C. Bane. 3639 Overbrook Drive 5. David Hararave. 812 Montvue. Salem 6. Marilvn Campbell Harden 6303 Nell Drive 7. Lee Wonson. 5019 Woodmont Drive The following citizens spoke in opposition to increasing the number of dogs 1. Horace McPherson. 3561 Forester Road 2. Bovd Overstreet. P. O. Box 1. Bent Mountain VA Police Chief Ray Lavinder was present and reported to the Board that since becoming Police Chief he had reviewed the animal control functions and that these officers are now only enforcing the animal control regulations and will not be involved in routine police work. Chief Lavinder advised that he supported the increase to three dogs. Chairman Johnson read a letter from Supervisor Nickens who was unable to attend the meeting. Supervisor Nickens suggested that the Board authorize citizens who currently have three dogs to register those dogs prior to January 1, 1998 and allow an amnesty only for those whose dogs are registered between now and January 1. The ordinance would remain at the current limit of two dogs. Supervisor Eddy advised that this recommendation could be an administrative problem and he would prefer the staff recommendation of increasing the limit to three. He moved to approve the ordinance increasing to three dogs. The motion was defeated by the following recorded vote: ~ September 23,1997 579 - AYES: NAYS: ABSENT: Supervisor Eddy Supervisors Minnix, Harrison, Johnson Supervisor Nickens Supervisor Johnson moved to grant a period of amnesty for citizens who currently have up to three dogs whose dogs are registered by January, 1998. The ordinance would remain at two dogs and only those who register their dogs by January, 1998 could have three dogs. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens County Attorney Paul Mahoney advised that since this is a substantial change to the proposed ordinance, he recommended another second reading of the ordinance. The proposed changes to the ordinance will be brought back to the October 14, 1997 meeting for adoption. 3. Second reading of ordinance to rezone approximately 0.33 acres from C-1 to C-2 in order to oDe rate a pet business. located at 3534 Brambleton Avenue. Cave Spring Magisterial District. upon the petition of Alex and Betty Nelson. (TerrY Harrinaton. Plannina & Zoning Director) 0-092397-10 580 September 23,1997 - - Mr. Harrington reported this was a request to rezone an existing single family houses from C-1 to C-2 to operate a retail pet shop selling pet supplies, animals and grooming and boarding birds. He advised that a site plan review will be required that will delineate the following: (a) VDOT approval of the entrance widening; (b) stormwater management to accommodate the additional parking required and (c) sanitary sewer sampling manhole. A commercial entrance permit will also be required. The Planning Commission recommended approval of the request. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens ORDINANCE 092397-10 TO CHANGE THE ZONING CLASSIFICATION OF A 0.33-ACRE TRACT OF REAL ESTATE LOCATED AT 3534 BRAMBLETON AVENUE (TAX MAP NO. 77.10-6-9) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION OF C-2 IN ORDER TO OPERATE A PET BUSINESS, UPON THE APPLICATION OF ALEX M. NELSON AND BETTY L. NELSON WHEREAS, the first reading of this ordinance was held on August 19, 1997, and the second reading and public hearing were held September 23, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 1997; 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: ~ September 23,1997 581 - 1. That the zoning classification of a certain tract of real estate containing 0.33 acre, as described herein, and located at 3534 Brambleton Avenue (Tax Map Number 77.10-6-9) in the Cave Spring 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 Alex M. Nelson and Betty L. Nelson. 3. That said real estate is more fully described as follows: BEING the major part of Lot 10, Block 2, Mount Vernon Heights, as shown on survey for Alex M. Nelson and Betty L. Nelson, made by T.P. Parker & Son, LS, dated April 21, 1997, and further described as Tax Map No. 77.10- 6-9. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens !.. Second reading of ordinance to rezone 1.01 acres from C-2C to C-2 in order to construct a parking lot located behind Carilion Family Medicine on Bramblliton Avenue. Windsor Hills Maaisterial District. upon the petition of Carilion Health Corporation. Inc. (Terry Harrington. Planning & Zoning Director) 0-092397 -11 Mr. Harrington reported that the purpose of this request is to remove conditions from a 1984 rezoning so that this parcel and an adjoining vacant C-2 parcel can be used as part of an expanded parking area for Brambleton Family Physicians. The 582 September 23,1997 property lies behind commercial properties on Brambleton Avenue currently used by Brambleton Deli, and the physicians office. Six proffers were accepted in the 1984 rezoning. To be used as a parking lot, these conditions most be removed. The Planning Commission recommended approval. Mr. Harrington advised that one condition was added that the petitioner does not intend to use the 25 foot easement from Garst Mill Road as access to the parking area and will take appropriate, legal measures to discourage the use of this easement to access the proposed parking lot. Mr. Harrington requested that this condition be removed because it was not enforceable. Supervisor Minnix moved to adopt the ordinance with Condition 1 removed. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens ORDINANCE 092397-11 TO CHANGE THE ZONING CLASSIFICATION OF A 1.01-ACRE TRACT OF REAL ESTATE LOCATED BEHIND CARillON FAMILY MEDICINE ON BRAMBLETON AVENUE (TAX MAP NO. 77.09-4- 52.1) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2C TO THE ZONING CLASSIFICATION OF C-2 UPON THE APPLICATION OF CARillON HEALTH CORP., INC. WHEREAS, the first reading of this ordinance was held on August 19, 1997, and the second reading and public hearing were held September 23, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 1997; 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 ~, - September 23,1997 58J - containing 1.01 acres, as described herein, and located behind Carilion Family Medicine on Brambleton Avenue (Tax Map Number 77.09-4-52.1) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of C-2C, General Commercial District, Conditional, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Carilion Health Corp., Inc. 3. That in 1984 rezoning of this property the owner of the property voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, accepted and the Petitioner/Owner is now requesting be removed: (1) To 310pe the banlc (2) To Mydro 3eed IMe bank 30 a3 to 3tabilize it ..itM gra33 and al9rubber; OO"J&F. (3) To remain respon3ible for tMe 13101'8 and to correct promptly an) ero3ion tMat may occur. (4) To limit the permitted USC3 to mini ·ft'8rehouses. (5) And to create al'l attractive exterior by painting tMe metal or eery'ering nit" natural ·¡y'Ood. (C) To abide by tMe offered site plan. 4. That the owner of the property vOluntarily proffers in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) retitioner does not intend to t.lse the 25 foot ea3ement from Garst Mill Road as aeee33 to tMe p8rldng area aReI ',vill talee appropriate, legal meaSUI'C3 to discourage tMe use of t19i3 ea3ement to acce33 tlge proposed parking lot. 5. That said real estate is more fully described as follows: BEGINNING at an iron pin located at the southeast corner of the property of Thomas R. Watkins and Linda W. Watkins as shown on survey made by T. P. Parker & Son, E&S, dated May 15, 1979, a copy of which survey is of record in the Clerk's Office of the Circuit Court of Roanoke County. Virginia, in Deed Book 1132, page 453; thence along the eastern line of the property of Watkins, N. 32° 00' W. 150.0 feet to a point located on the line of the 14.68 acre tract conveyed to Southern Land Company; thence with same, N. 58° 00' E. 330.0 feet to a point; thence along a new line through the property of Southern Land Company, S. 32 ° 00' E. 110.0 feet to a point located at the northeast corner of the property of Charles R. Simpson and Naomi G. Simpson as shown on plat made by T. P. Parker & Son, E&S, dated June 18, 1980, of record in the Clerk's Office aforesaid in Deed Book 1147, page 748; thence with the property of Simpson, S. 58° 00' W. 130.0 584 September 23,1997 - feet to a point; thence S. 32° 00' E. 40.0 feet to a point located on the line of the property described as Moore's Building Supply; thence with same, S. 58° 00' W. 200.0 feet to the Place of Beginning, and containing 1.01 acres, and being further described as Tax Map No. 77.09-4-52.1. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance with condition #1 removed, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens 5. Second readino of ordinance authorizino a Special Use Permit to expand the existino facilitv. located at 1928 Loch Haven Drive. Catawba Maoisterial District. upon the Detition of Valley Word Ministries. (Terrv Harrington. Planning & Zoning Director) 0-092397-12 Mr. Harrington reported that the existing building is 18,904 square feet and the proposed addition is 12,320 square feet. The expansion will enlarge the entire facility to 31,224 square feet. The addition will be used for a community activity center. The surrounding area is low density residential development and the property is zoned as Agricultural Residential. At the Planning Commission meeting, the petitioner advised that a combination of trees and shrubs will be used as buffering and screening between the -., September 23,1997 585 - house and church. The Planning Commission recommended approval. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens ORDINANCE 092397-12 GRANTING A SPECIAL USE PERMIT TO VALLEY WORD MINISTRIES TO EXPAND THE EXISTING FACILITY LOCATED AT 1928 LOCH HAVEN DRIVE (TAX MAP NO. 36.07-1-4.1), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Valley Word Ministries has filed a petition to expand the existing facility located at 1928 Loch Haven Drive (Tax Map No. 36.07-1-4.1) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 2, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 19, 1997; the second reading and public hearing on this matter was held on September 23, 1997. 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 Valley Word Ministries to expand the existing facility located at 1928 Loch Haven Drive (Tax Map No. 36.07-1-4.1) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson 586 September 23, 1997 ,- NAYS: None ABSENT: Supervisor Nickens 6. Second reading of ordinance authorizing a Special Use Permit to allow summer concerts. located in Vallevpointe. Hollins Magisterial District. upon the petition of the Easter Seal Society of VA. Inc. (Terry HarrinQton. Planning & Zoning Director) 0-092397-13 There was no discussion of this request and no citizens to speak. The Planning Commission recommended approval. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens ORDINANCE 092397-13 AUTHORIZING A SPECIAL USE PERMIT FOR A FIVE YEAR PERIOD TO ALLOW SUMMER CONCERTS TO BE HELD AT VALLEYPOINTE (TAX MAP NO. 37.07-1-14.6) IN THE HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF THE EASTER SEAL SOCIETY OF VIRGINIA, INC. WHEREAS, the first reading of this ordinance was held on August 19, 1997, and the second reading and public hearing was held September 23, 1997; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 1997; and WHEREAS, legal notice and advertisement has been provided as required ~ September 23,1997 587 - bylaw. as follows: BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, 1. That a special use permit for a five year period ending September 30, 2002, allowing summer concerts to be held from April until September of each year on a certain tract of real estate containing approximately 2.4 acres (Tax Map Number 37.07-1- 14.6) located at Valleypointe Corporate Development Community in the Hollins Magisterial District is hereby authorized. 2. That the applicant has voluntarily proffered the following conditions on the special use permit which the Board of Supervisors hereby accepts: (1) Applicant shall be responsible for complying with all Use and Design Standards contained in § 30-87-3 of the Zoning Ordinance. Strategies for compliance shall be as generally outlined in the application materials dated November 13, 1992, and shall include the hiring of personnel to provide on-site security and direct traffic flow. Off-street parking areas shall be provided using off-street parking areas within Valleypointe. Adequate traffic lanes shall be preserved on all streets within Valleypointe. If parking is provided on Valleypointe Blvd., it shall be parallel parking only. (2) If the current site of the concert series becomes unavailable within the next five years due to the development of the property, the Zoning Administrator shall have the authority to approve an alternative site for the concert series within the corporate center. (3) The Special Use Permit shall run through the 2002 concert series. 3. That this action is taken upon the application of The Easter Seal Society of Virginia, Inc. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens 588 September 23,1997 - - 7. Second readina of ordinance to rezone 0.65 acre from R-1 to C-2 to allow a minor auto repair facility. located 130 feet northwest of the intersection of Peters Creek Road and Northridge Lane. Catawba Magisterial District upon the petition of Marc I. Wilson. (TerrY Harrinaton. Plannina & Zonina Director) 0-092397-14 Mr. Harrington reported that the petitioner plans to use the entire site for his auto repair facility. There is one condition that no junk vehicles will be stored outside. The Planning Commission recommended approval. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens ORDINANCE 092397-14 TO CHANGE THE ZONING CLASSIFICATION OF A 0.65-ACRE TRACT OF REAL ESTATE LOCATED 130 FEET NORTHWEST OF THE INTERSECTION OF PETERS CREEK ROAD AND NORTH RIDGE LANE (TAX MAP NO. 37.14-1-6) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF MARC I. WILSON WHEREAS, the first reading of this ordinance was held on August 19,1997, ~. September 23,1997 589 - and the second reading and public hearing were held September 23, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 1997; and WHEREAS, legal notice and advertisement has been provided as required bylaw. as follows: BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, 1. That the zoning classification of a certain tract of real estate containing 0.65 acres, as described herein, and located 130 feet northwest of the intersection of Peters Creek Road and Northridge Lane (Tax Map Number 37.14-1-6) in the Catawba Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of MARC I. WILSON. 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) No junk vehicles will be stored outside. 4. That said real estate is more fully described as follows: BEGINNING at a point on the west side of Northridge Drive, said point being the southeasterly corner of the Dallas R. Keith property and the northeasterly corner of the Mattie E. James property; thence, with a line between the Dallas R. Keith and the Mattie E. James property, S. 78050' W. 274.1 feet to an old iron on the line of the Charlie Myers property; thence, with a line between the Charlie Myers property and the Mattie E. James property, S. 12000' E. 119.15 feet to an iron; thence, with a new line through the Mattie E. James property, N. 72000' E. 92.73 feet to an old axle, being a corner to the R. E. Lee property; thence, with a line between the R. E. Lee property and the Mattie E. James property, N. 70049' 30" E. 198.53 feet to an old iron on the west side of Northridge Drive; thence with the west side of Northridge Drive, N. 220 32' W. 82.08 feet to the BEGINNING, and containing 0.65 acre, and being further described as Tax Map No. 37.14-1-6. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: 590 September 23, 1997 - AYES: NAYS: ABSENT: Supervisors Eddy, Minnix, Harrison, Johnson None Supervisor Nickens 8. Second readina of ordinance to rezone approximately 22.01 acres from AG-3 and R-1 to R-1 to develop single family residences. located at the intersection of Finney Drive and Elizabeth Drive. Vinton MaQisterial District. upon the petition of F. W. Finney Construction Corporation. (Tenry Harrinaton. Plannina & Zoning Director) 0-092397-15 Mr. Harrington advised that this was an unconditional request to rezone approximately 22.01 acres to develop single family residences. The request is needed to correct an error in the official zoning maps which occurred during the County's 1992 comprehensive rezoning. Prior to 1992, the petitioner's two tracts, tax parcel numbers 71.10-8 and 71.10-2-70 were zoned RE, Residential Estates. When the official zoning map for tax map # 71.10 was amended, the northern half of the petitioner's two tracts were designated R1, which was consistent with the Comprehensive Plan. On map #71.14, the southern half of the petitioner's two tracts was designated AG3. This error was discovered when plans were submitted to develop Section 9 of Montgomery Village. The request is consistent with the development land use designation of the Comprehensive Plan. The -, September 23,1997 591 - Planning Commission recommended approval. William S, McKee. 1130 Finney Drive Vinton. expressed concern about erosion problems in the Montgomery Village subdivision. He presented photographs of drainage and erosion problems that have caused damage in the past. He also requested a second entrance into the subdivision, but asked that the erosion problems be resolved first. Supervisor Johnson asked Director of Engineering and Inspections Arnold Covey if the County could require the petitioner to solve the erosion problems first. Mr. Covey advised that he would prefer a berm or ditch and will include that as part of the subdivision plans. Matthew Fleisher. 1160 Finney Drive Vinton. advised that erosion damage behind and above his house has ruined his yard and he can not complete his driveway until Mr. Finney finishes his work. He also requested a new entrance to the subdivision. Supervisor Eddy inquired whether the erosion problems could be a factor in approving this rezoning. Mr. Mahoney responded that the rezoning issue should be determined by the best use of the land and not by the individual involved in the rezoning. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None 592 September 23, 1997 ABSENT: Supervisor Nickens ORDINANCE 092397-15 TO CHANGE THE ZONING CLASSIFICATION OF APPROXIMATELY 22.01 ACRES OF REAL ESTATE LOCATED AT THE INTERSECTION OF FINNEY DRIVE AND ELIZABETH DRIVE (TAX MAP NOS. 71.10-1-8 AND 71.10-2-70) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATIONS OF AG-3 AND R-1 TO THE ZONING CLASSIFICATION OF R-1 UPON THE APPLICATION OF F. w. FINNEY CONSTRUCTION CORP. WHEREAS, the first reading of this ordinance was held on August 19, 1997, and the second reading and public hearing were held September 23, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 1997; and WHEREAS, legal notice and advertisement has been provided as required bylaw. as follows: BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, 1. That the zoning classification of a certain tract of real estate containing approximately 22.01 acres, as described herein, and located at the intersection of Finney Drive and Elizabeth Drive (Tax Map Numbers 71.10-1-8 and 71.10-2-70) in the Vinton Magisterial District, is hereby changed from the zoning classifications of AG-3, Agriculture/Rural Preserve District, and R-1, Low Density Residential District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of F. W. Finney Construction Corp. 3. That said real estate is more fully described as follows: Tax Map No. 71.10-1-8 Beginning at a point on Niagra Road, thence in a southeasterly direction 805 feet, more or less, to a point on the southerly side of an existing 10 foot road as shown on plat of conveyance to Noah Settles, dated July 24, 1975, thence S. 1° 46' 18" W. 256.25 feet, more or less, to the actual place of beginning, thence S. 86° 50' E. 423.26 feet to a 24" maple; thence S. 43° 30' E. 287.95 feet to a set iron; thence S. 23° 01' 30" W. 375 feet to a set iron in black oak stump, thence N. 58° 48' 10" E. 127.84 feet to a point; thence N. 1° 46' 18" E. 200.31 feet to a point, the actual place of Beginning and containing 9.44 acres, more or less. Tax MaD No. 71.10-2-70 ~, September 23,1997 593 - Beginning at a point being the southwest corner of Lot 20, as shown on the "Plat of River Ridge" being recorded in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book 11, page 2; thence N. 75° 27' 29" W. 279.88 feet to a point; thence N. 73° 52' 29" W. 156.80 feet to a point; thence N. 61 ° 54' 29" W. 136.20 feet to a point; thence N. 39°·55' 29" W. 151.30 feet to a point; thence N. 20" 23' 29" W. 123.50 feet to a point; thence N. 44° 50' 31" E. 243.80 feet to a point; thence N. 23° 02' 59" E. 727.15 feet to an iron pin; thence with the outer boundary of Section 3, Montgomery Village, being recorded in the aforesaid Clerk's Office in Plat Book 7, page 76, S. 84° 47' 36" E. 402.15 feet to a point; thence with a curve to the left with a radius of 383.47 feet, an arc length of 119.65 feet, a chord bearing of S. 3° 05' 54" w., and a chord distance of 119.16 feet to a point; thence with a curve to the right with a radius of 25.00 feet, an arc length of 44.08 feet, a chord bearing of S. 44° 41' 00" w., and a chord distance of 38.59 feet to a point; thence with the outer boundary of the aforementioned "Plat of River Ridge" for the following seven courses: S. 5° 12' 24" W. 50 feet, N. 84° 47' 36" W. 71.36 feet, S. 10" 03' 44" W. 815 feet, S. 76° 06' 40" E. 108.57 feet, S. 13° 53' 20" W. 50 feet, S. 76° 06' 40" E. 11.46 feet, and S. 13° 53' 20" W. 150 feet to the Place of Beginning and containing 13.480 acres, more or less. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens ~ Second reading of ordinance to rezone 9.77 acres from R-1 Conditional to R-1 to construct single familv residences. located at the south side of Woodhaven Road. approximatelv 0.5 mile east of its intersection with Green Ridae Road. Catawba 594 September 23,1997 - MaQisterial District. upon the petition of Ernest Clark. (Terry Harrington. Planning & Zoning Director) Chairman Johnson announced that this item was being continued to the October 28, 1997 meeting at the request of the petitioner. IN RE: CITIZEN COMMENTS AND COMMUNICATIONS Sara Martinez 5860 Brahma Road. expressed her concerns about the destruction of the neighborhoods, the overcrowding at some of the schools and the need to protect the mountain viewsheds. IN RE: ADJOURNMENT Chairman Johnson declared the meeting adjourned at 9:20 p.m. Submitted by, Approved by, ~~.ß.J. 0 I. ~ -<-'L- Mary H. Allen, CMC Clerk to the Board