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HomeMy WebLinkAbout10/28/1997 - Regular ----- October 28,1997 635 M_W _. _. = Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 28, 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 October, 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, 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 John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. 636 October 28, 1997 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney added two items to the Executive Session pursuant to the Code of Virginia Section 2.1-344 A (3) possible litigation regarding the BPOL Tax; and (3) potential litigation regarding the Lowe's rezoning request. Mr. Hodge asked that the request to appropriate results of the year ended June 30, 1997 be moved to the evening session. Supervisor Minnix announced that he would leave at 5:30 p.m. to attend the Barnes & Noble ribbon cutting for their new store at Tanglewood Mall. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1... Recognition of Parks and Recreation Department for winning - Best Promotional Effort awards from the Virginia Recreation and Parks Society. a. Camp Roanoke Fundraising Campaign Ricky Showalter, coordinator for the Camp Roanoke Renovation Campaign, was recognized for designing a fundraising brochure that raised $200,000. The brochure was named the Best Promotional Effort Award in 1996. b. Therapeutics Program Donna Compton, Assistant Supervisor of Therapeutic Recreation Services, was recognized for the printed promotional materials for the Therapeutics Program. The program was named Best Promotional Effort Award for 1997. - October 28, 1997 637 - 2.. Acceptance of donation from the U. S. Marines from their Mud Run for renovations to Camp Roanoke. The donation was presented by Captain Ted Adams who advised that the proceeds from the Marine Mud Run were split between Toys for Tots and Camp Roanoke with Camp Roanoke receiving $3,000. 3. Proclamation declaring the month of November 1997 as National Hospice Month in Roanoke County. The proclamation was accepted by Sue Moore, Good Samaritan Hospice. Supervisor Minnix moved to adopt the proclamation. The motion carried by a unanimous voice vote. 4. Recognition of Finance Department for receiving a Certificate of Achievement for Excellence in Financial Reportina for the Comprehensive Annual Financial Report. Diane Hyatt accepted the award on behalf of the Finance Staff. IN RE: BRIEFINGS 1... New method of payina real estate taxes. (Alfred C. Anderson. County Treasurer) Treasurer Anderson announced that taxpayers will now be aþle to use credit cards to pay their taxes by phone. There will be no cost to the County and only a nominal 638 October 28, 1997 fee of $6.00 or 2% of the payment to the taxpayer. He advised there would be a press conference to announce the new service. - IN RE: NEW BUSINESS 1... Request to enter into an aQreement with the City of Salem and City of Covington on behalf of Total Action Against Poverty (TAP) for the manaaement of MicroEnterprise Loan Funds. (Tim Gubala. Economic DeveloDment Director) CONTINUED FROM OCTOBER 14.1997 A-102897-2 Mr. Gubala advised that the Board previously endorsed a regional Community Development Block Grant application in March 1997 from Total Action Against Poverty to the Virginia Department of Housing and Community Development for a grant of $160,000 to establish a MicroEnterprise Loan Fund. The grant was leveraged by funds from other agencies. The grant includes an administrative budget of $60,000. The $100,0000 will be divided equally between the participants, and Roanoke County will be allocated $33,333. The Cities of Covington and Salem have already approved the agreement. Supervisor Nickens expressed concern regarding the large amount allocated for administrative purposes. Mr. Gubala responded that the $60,000 would be used for education and training, and a great deal of training is included in the program. - October 28, 1997 639 = Supervisor Eddy moved to approve the agreement. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None .' 1. Request to adopt resolution opposing proDosed rulina by the Federal Communications Commission to preclude local government authority in determining the location of digital TV towers. (Elmer Hodge. County Administration) R-102897-3 Mr. Hodge advised that the Federal Communications Commission has decided to consider a proposal that would deny local government authority in determining the most appropriate locations for digital television towers. Mr Hodge explained that Roanoke County is trying to allow towers while preserving the natural beauty and viewshed, and they have been working with the industry to share towers whenever possible. Supervisor Eddy suggested that the resolution not be limited to just digital 1V towers but also include radio and wireless communication towers. He moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 102897-3 OPPOSING PROPOSED RULING BY THE 640 October 28, 1997 - FEDERAL COMMUNICATIONS COMMISSION TO PRECLUDE LOCAL GOVERNMENT AUTHORITY IN DETERMINING THE LOCATION OF DIGITAL TELEVISION TOWERS as follows: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia WHEREAS, the Federal Communications Commission (FCC) is proposing a new rule that precludes the ability of local governments to regulate the proliferation of digital television towers, radio towers and other wireless communication towers; and WHEREAS, it preempts local decisions based on zoning, aesthetics, the impact on property value or restrictions placed on natural or historic resources; and WHEREAS, the proposed regulations require that appeals of local zoning or other decisions be sent directly to the FCC, precluding the local courts; and WHEREAS, localities are required to act on tower requests within 21 to 45 days irrespective of local requirements for notice to adjoining landowners, hearing requirements or appeal; and failure to act in these time frames will result in the request automatically being granted; and WHEREAS, Roanoke County is in opposition to this proposed rule for the following reasons: 1) The FCC i{I violating principles of Federalism, especially by allowing the FCC to "second guess" the reasons for local decisions and reverse decisions that are otherwise acceptable. The proposed new rule represents an unprecedented attack on local zoning authority by the FCC. The proposed rule applies to the construction of new High Definition Television towers that may be up to 2000 feet high. The time limits proposed by the FCC are unrealistic and bear no relation to the procedural requirements of state and local law, requirements of due process, or zoning law. The proposed rule totally disregards property values, historic districts, natural resources, aesthetics and the like. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby strongly oppose the new rule proposed by the FCC. It requests that the United States Congress, the Virginia General Assembly, and local elected officials oppose this ruling as an unacceptable violation to the authority (both legally and implied) of local government. Further, the Clerk to the Board is directed to forward copies of this resoluticn to the Office of the Secretary of the Federal communication Commission, members of the United States Congress representing Roanoke County, and the localities participating in the Fifth Planning District Commission. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2) 3) 4) 5) - October 28, 1997 641 - - 3.. Request from the Police Department to accept grant for Community Crime Prevention Services. (Ray Lavinder. Police Chief) A-102897-4 Chief Lavinder advised that the Police Department had applied for a grant to train six police officers to work off duty with "at-risk" youth coaching high school athletio teams. The grant has been approved in the amount of $18,481.62. No additional funds will be necessary. In response to questions, Chief Lavinder advised that this would develop better communication between the Police Department and students, and that there would be no overtime costs because it would be done on a volunteer basis. Supervisor Minnix moved to accept the grant in the amount of $18,481.62. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Resolution pursuant to the Code of Virginia authorizina the acquisition and immediate right of entry of a parcel of land and related access and utility easements of James L. Woltz and John E. Woltz for the puroose of providing emergency communications facilities by eminent domain proceedinas. (Paul 642 October 28,1997 - M. Mahoney. County Attorney) - R-102897-5 Mr. Mahoney reported that this action authorizes the commencing of eminent domain proceedings to acquire 44,100 square feet of real estate located at State Route 612 on Poor Mountain from James L. Woltz and John E. Woltz for a radio communications site for the E-911 system. In 1985 the County leased the land to use as a cotenant for a radio tower site for the E-911 system. Annual payments were $500. In 1996, James L. Woltz and John E. Woltz acquired the property and in summer 1997, Woltz proposed a new 5-year lease with an annual rental of $21 ,600. Woltz is also demanding $225,000 to purchase a portion of the property subject to certain limiting conditions. The County has received an independent appraisal of $107,000 which has been offered to Woltz. The offer was rejected. Mr. Mahoney explained that because of the critical public safety issues, it is recommended that the County purchase instead of lease this property. Staff further recommends that the Board adopt the resolution to prooeed with condemnation proceedings and appropriate $107,000. Staff will continue to negotiate until the issue goes to trial. Mr. Mahoney advised that Mr. Woltz has faxed a letter of objection and questioned the accuracy of the board report and the appraisal. He also explained that he did not have the property survey yet and will fill in the resolution blanks when he ~eceives it. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: ~ October 28,1997 643 - AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 102897-5 PURSUANT TO TITLE 25 AND SECTIONS 15.1 236 AND 15.1-238 OF THE CODE OF VIRGINIA, 1950 (AS AMENDED), AUTHORIZING THE ACQUISITION AND IMMEDIATE RIGHT OF ENTRY OF A PARCEL OF LAND AND RELATED ACCESS AND UTILITY EASEMENTS OF JAMES L. WOLTZ AND JOHN E. WOLTZ FOR THE PURPOSE OF PROVIDING EMERGENCY COMMUNICATIONS FACILITIES BY EMINENT DOMAIN PROCEEDINGS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 That the County of Roanoke, Virginia, (the "County") intends to acquire a parcel of real estate consisting of 44,100 square feet, being a portion of Tax Map Number 93.00-1-44.1, and which is located on Poor Mountain for the purpose of providing emergency communications facilities (the "project"). 2. That the project is necessary for the general health, safety and welfare of the public, and it is in the public interest of the citizens of Roanoke County, to acquire real estate on Poor Mountain for the purpose of acquiring a site for a radio transmitting tower, as part of the E-911 emergency communications system for Roanoke County, and to promote the public safety, health, and welfare of the citizens. 3. That acquisition of a certain parcel of land, consisting of 44,1 00 square feet and related access and utility easements located on Poor Mountain is necessary for the purpose of providing emergency communications facilities. 4. That the parcel of land required for this project is owned by James L. Woltz and John E. Woltz and is identified by the following legal description: All those certain lots or parcels of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, and being shown on a plat entitled "Plat Showing Property (44,100 square feet) and Access & Utility Easement to be Acquired by the County of Roanoke from James E. Woltz and John E. Woltz situate in Windsor Hills Magisterial District, Roanoke County, Virginia" prepared by Lumsden Associates, P.C., Engineers-Surveyors-Planners, dated October 30, 1997, . a copy of which is attached hereto and made a part hereof. This being portions of the same real estate conveyed unto James L. Woltz and John E. Woltz by deed dated October 5, 1993, from Erio Lee Sisler, Executor of the Estate of Lois M. Anderson, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1423, page 1 1 01 and by deed of confirmation and boundary line agreement dated October 18,1996, from Frank H. Terry, Jr. et als. recorded in the aforesaid 644 October 28, 1997 - Clerk's Office in Deed Book 1529, page 1802. 5. That the fair market value of the property is $107,000.00. The sum of $107,000.00 has been offered and is hereby re-offered to the property owners for purchase of fee simple, marketable title to the above-described parcel by the Board of Supervisors of Roanoke County, Virginia. 6. That it is immediately necessary for the County to enter upon and take possession of such property, and to continue its operations on such property, and to institute and conduct appropriate condemnation proceedings as to the above-described property as provided by law. 7. That a certified copy of this resolution, to be sent by certified mail to James L. Woltz and John E. Woltz on or before October 31, 1997, shall oonstitute notice to said property owner of the offer to purchase as set forth above and the intent to enter upon and take possession of said property, to continue operations of its emergency communications facilities, and to commence appropriate condemnation proceedings, as provided for in Section 15.1-238 of the Code of Virginia, 1950 (as amended). 8. That the Board does hereby invoke all and singular the rights, privileges, and provisions as to the vesting of powers in the County under the Virginia General Condemnation Act (§25-46.1, e-t M., of the Code of Virginia, 1950, (as amended), and Sections 15.1-236 and 15.1-238, all as made and provided by law. 9. That the County Administrator, or an Assistant County Administrator, and the County Attorney are hereby authorized to execute such doouments and take such actions as may be necessary to accomplish this acquisition through eminent domain proceedings, or otherwise. 10. That this resolution shall be effective on the date of its adoption and the property owners shall have thirty days from said date within which to contest this taking and immediate right of entry as provided in Section 15.1-238.B. and D. of the Code of Virginia, 1950 (as amended). 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 INRE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Nickens moved to approve the first reading and set the second reading for November 18, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson ~ October 28, 1997 . 645 - NAYS: None 1... First reading of ordinance to rezone 10.35 acres from R-3 to PRD to construct a olanned residential community. located 200 feet west of the Chukar Drive cul-de-sac. Cave Spring Maaisterial District. upon the petition of Jackson Assoc. Limited of VA. 2.. First readina of an ordinance to rezone 2.881 acres from AG-3 to AR in order to divide the parcel into three building lots located at the end of Toddsbury Drive. Vinton Magisterial District. upon the oetition of Fallina Creek Development. L.C. 3. First reading of ordinance to obtain a Special Use Permit to construct mini-warehouse storage facilities located in the 1900 block of Washington Avenue. west of the East Vinton Plaza. Vinton Magisterial District. upon the petition of W. H. Olive and Jacqulin Loaan. IN RE: FIRST READING OF ORDINANCES 1... First readina of ordinance aoorovina and authorizing the execution of a lease with Ohio State Cellular Phone Company. Inc. for a communications antenna tower at Catawba Fire Station. (Paul M. Mahoney. County Attorney) 0-102897-6 Mr. Mahoney explained that this ordinance approves and authorizes the execution of a long-term lease with Ohio State Cellular Phone Company, Inc. (OSC) for a communications antenna tower site on a parcel of real estate located at the Catawba Fire Station. Approval of this lease and the granting of a special use permit would settle the pending federal court litigation between the County and OSC. On November 19, 1996, the Board denied a request from OSC for a speoial use permit to locate a communications 646 October 28,1997 - , antenna tower at the insection of Route 311 and Newport Road in the Catawba Valley. On December 19,1996, OSC filed action in the United State District Court. Mr. Mahoney described the lease terms and advised that they are still far apart in the lease details. OSC wanted a 20 year term and the County wanted a five year term. The rent is $325.00 per month and members of the Catawba community have requested that the proceeds be paid to the volunteer fire company to support its operation. Supervisor Nickens suggested a ten year lease with 2 to 5 year renewals. Supervisor Eddy advised he had no problem with the 30 year lease or the location of the tower but suggested that OSC be required to eliminate the old tower. Following discussion, Supervisor Nickens moved to amend the ordinance to set the lease for 15 years; eliminate "option to renew"; and add language that 12 months prior to termination of lease, both parties can enter into negotiations. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy Supervisor Harrison moved to adopt the ordinance as amended by Supervisor Nickens, and to waive the second reading. The motion carried by the following reoorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 102897-6 APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE WITH OHIO STATE CELLULAR PHONE COMPANY, INC. FOR A COMMUNICATIONS ANTENNA TOWER AT CATAWBA FIRE STATION - October 28,1997 647 - ~ WHEREAS, the Board of Supervisors denied a request from Ohio State Cellular Phone Company, Ino. ("OSC") for a special use permit to locate a communications antenna tower at the intersection of State Route 311 and Newport Road in the Catawba Valley. OSC filed an action in the United States District Court for the Western District of Virginia challenging this denial; and WHEREAS, counsel and staff for the parties have explored a variety of opportunities to resolve this litigation and it appears that the Catawba Fire Station site may . provide a suitable alternative to the denied site; and . WHEREAS, counsel have negotiated a lease which addresses the mutual concerns of the parties; and WHEREAS, the first reading of this ordinance was held on October 28, 1997; and the requirement for the second reading was waived as provided by Section 18.04 of the Roanoke County Charter as an emergency measure to settle pending litigation. WHEREAS, the County acquired this property from the Commonwealth of Virginia by deed dated May 16, 1983, and recorded in Deed Book 1194 at page 351. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. That it is in the County's best interest to lease a portion of this property to OSC in order to provide a site for the location of a communications tower. 2. The area to be leased by the County to OSC is for the 190' tall tower and a small (12' x 20') equipment building, and an easement for access and utilities and is situated at the Catawba Fire Station in the Catawba Magisterial District of Roanoke County, being a portion of Tax Map No. 7.00-1-29. 3. That the term of this lease shall be for fifteen (15) years. Both parties may enter into negotiations twelve months prior to termination of lease. The Board hereby appropriates the rental payments under this lease to the Catawba Volunteer Fire Company for the support of its public safety operations. 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor Harrison to adopt the ordinance as amended by Supervisor Nickens and to waive second reading; and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None INRE: SECOND READING OF ORDINANCES 1... Second readina of ordinance releasing right of re-entry and certain restrictions on the use of certain real estate previously 648 October 28, 1997 - = conveyed to Total Action Against Poverty (Pinkard Court School Property). and authorizina the County Administrator to execute documents. (Paul M. Mahoney. County Attorney) 0-102897-7 Mr. Mahoney advised there was one minor change to the ordinance since the first reading. Staff is recommending that the $200,000 proceeds be appropriated to the economic development budget. Mr. Hodge advised that staff would bring the contract back to the Board of Supervisors for approval. Supervisor Minnix moved to adopt the ordinance with $200,000 proceeds going to the economic development budget. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None PRESENT: Supervisor Nickens ORDINANCE 102897-7 RELEASING RIGHT OF RE-ENTRY AND CERTAIN RESTRICTIONS ON THE USE OF CERTAIN REAL ESTATE PREVIOUSLY CONVEYED TO TOTAL ACTION AGAINST POVERTY (PINKARD COURT SCHOOL PROPERTY), AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE DOCUMENTS WHEREAS, by Ordinance Number 121493-6 the Board of Supervisors of Roanoke County approved and authorized the conveyance of 4.5 acres of real estate, previously known as Pinkard Court School, to Total Action Against Poverty (''TAP''); and, WHEREAS, by deed of gift dated May 18,1994, and recorded in Deed Book 1446, at page 442, the County conveyed said real estate to TAP with certain restrictions on the use of said real estate, namely: that the use, occupancy, maintenance and/or development of this property shall be solely and exclusively in a manner consistent with TAP's mission and purpose, shall be community-service oriented, shall be in compliance with the Roanoke County Zoning Ordinanoe, and that no subsequent conveyance of this real estate to any person, organization or entity whose mission or purpose is not consistent ---" October 28,1997 649 - with those of TAP shall be valid without the express written approval of the County; and, WHEREAS, said deed included a right to terminate the estate granted to TAP and to re-enter and retake the property if TAP violated the conditions and restrictions in said deed; and, WHEREAS, TAP has executed an option agreement for the conveyance of this property with Interstate Development, L.L.C., and this option agreement may be assigned to Lowe's Home Centers, Inc. for the purpose of constructing a retail, commercial establishment; and, WHEREAS, TAP has requested that the County release this right of re-entry and said conditions and restrictions, and give its express written approval of said conveyance so that said property can be sold to Lowe's Companies, Inc. unencumbered; and, WHEREAS, the Board has received assurances that the proceeds from this proposed sale will be used by TAP and Blue Ridge Housing Development Corp. to support and promote an affordable housing program in Roanoke County; and, WHEREAS, the first reading of this ordinance was held on October 14, 1997, and the second reading was held on October 28,1997. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County hereby releases its right of re-entry for any violation of the conditions or restrictions as provided in the deed from the County to TAP found in Deed Book 1446, at page 442, among the land records of the Clerk of the Circuit Court for the County of Roanoke. 2. That the County hereby releases the conditions and restrictions found in the aforesaid deed. Further the County authorizes the execution of a document giving its express written approval for TAP to convey this property to a person, organization or entity whose mission or purpose is not consistent with those of TAP. This release is contingent upon the conveyance of this real estate to Lowe's Home Centers, Inc. For the construction of a retail, commercial establishment. 3. That upon receipt of adequate assurances from TAP that the net prooeeds of the proposed sale of said property shall be used to support and promote affordable housing in Roanoke County, then the County Administrator, or any Assistant County Administrator, be authorized to execute such documents, and take such actions, as may be necessary to accomplish the purposes of this ordinance, all upon form approved by the County Attorney. 4. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance with $200,000 proceeds going to economic development budget, and carried by the following recorded vote: AYES: NAYS: PRESENT: Supervisors Eddy, Minnix, Harrison, Johnson None Supervisor Nickens 650 October 28,1997 - 2.. Second reading of ordinance amending and reenacting Section 2-17. Dissemination of Criminal History Record Information of Applicants for Public Emoloyment. Permit or License of Article II. Chapter 2 of the Roanoke County Code. (Joseph Obenshain. Sr. Assistant County Attorney) 0-102897-8 Mr. Obenshain advised that following the first reading of this ordinance on April 22, 1997, staff received requested changes to the ordinance from the State Police. These changes have been made and have been approved by the Department of State Police and the Attorney General's Office. He explained that the language in the ordinance follows the ordinance in Virginia Beach which has been approved by the State. This ordinance will decrease the amount of time necessary for criminal background checks for prospective fire and rescue volunteers. 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 102897-8 AMENDING AND REENACTING SECTION 2-17 DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION OF APPLICANTS FOR PUBLIC EMPLOYMENT. PERMIT OR LICENSE OF ARTICLE II ORGANIZATIONAL STRUCTURE OF COUNTY ADMINISTRATION OF CHAPTER 2 ADMINISTRATION OF THE ROANOKE COUNTY CODE - October 28,1997 651 - WHEREAS, the Roanoke County Departments of Fire and Rescue and Human Resources have reached an agreement with the Virginia Department of State Police to obtain a computer software program which will expedite the processing of background checks through the Central Criminal Records Exchange operated within the Department of State Police of prospective paid employees of the county's departments and of volunteers for county fire and rescue companies and other positions of public service; and WHEREAS, Section 19.2-389 A 7 of Chapter 23 of Title 19.2 of the Code of Virginia, 1950, as amended, requires that such background checks must be required by an agency of a political subdivision under a duly enacted ordinance which determines that it is necessary that the past criminal conduct of a person with any conviction record would be compatible with the nature of the employment or permit which is under consideration; and, WHEREAS, the first reading of this ordinance was held on April 22, 1997; and the second reading was held on October 28, 1997. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 2-17, "Dissemination of criminal history record information of applicants for public employment, permit or license" of Article II. "Organization Structure of County Administration," of Chapter 2 ADMINISTRATION, be amended and reenacted as follows: Sec. 2-17. Dissemination ~f criminal~~~!c:'!y^r~~~~~w!~formation of applicants for public employment, permit¡« Iicense¡¡j.ì~.¡.!i!lf~1J. (a) Criminall9i3tory recor-d iflformation of an applieant fer public eml'loyment, I'umit or license ma)' be disseminated Viitl9in five (5) work da)s to agencies of local govemmeFlt ';'y'heFl€ver, in tlge interest of public welfare or safety, it is neeessaf)' to determine if tl;8 pa3t ~riminal conduct of a pcrson ·,ý·itn a con-.ic.tiofl record nðuleJ be compatible witi"l the natuffi of ti"le empleyment, !'Jermit or IiceFlse uFlder consideration. If the chief of I'oliee determiFl€s tl9at it is practically impossible to pre,ide sucl9 eriminal i"IistoF, reeel'd informatioFl witl9in the five (5) .,'0"< day period, 1ge sl9all so inform tlge applieeFlt and the applieable ageney and shall have aA additional seven (7) 'worn days in wl9icl9 to provide sucl9 record. (b) Use of eriminall9istef)' record information disseminated to noncrimiFlal justice agencies I'ursuant to this section sl9all be limited to the purposes fer ..l9ich it Vias gi·.·en and may not be disseminated fufllger. @ Tlge chief of police or an autl90rized offict:r or employee of tlge Roanoke County rolict: Department sl9all disseminate eriminall9istof)' record information fer tlge purposes of tl9is section 133 fello·.iS: (1 ) ['tiMe emp.'oymeflt. To tlge el9ief personnel officer of tl"le County of Roanoke or the Roanoke County Scl900l Beard. (2) l~rm¡t3 or /;CGfl3ð3. To iRe cðunty admini3tratoF, GRief of polie:;c, or appropriate constitutional officer if ree¡uired by tlge specific terms of the ordinanee authorizing tlge issuance of said permit or license. 652 October 28, 1997 - I:~~. ·'W"ê.:.: Ilrl!;~····'r:~~~>~::i::··Y rll!¡fç:5~¥mt::... ... iJjj g~~g@lj¡ftglllifi.¡. .-....~ ~ 1"'lf.11I1iflr"'èTJ1:¡ªº¡¡WîQf.¡j;t_~!¡¡1~îÞwîrøl!¡~.î9ft§~f~ 2. That this ordinance shall be in full force and effect from and after the date of its adoption. 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 INRE: APPOINTMENTS 1... Buildin9 Code Board of Adiustments and Appeals (Fire Code ~ October 28, 1997 653 - Board of Appeals) Supervisor Eddy nominated J. A. Hendricks. 2. Grievance Panel Supervisor Harrison nominated King Harvey as alternate to serve a three year term which will expire October 28, 2000. Supervisor Eddy nominated Karen Ewell as alternate to serve a three year term which will expire October 28, 2000. Supervisor Eddy nominated Henry Wise as alternate to serve another three year term which will expire October 21, 2000 and moved to appoint him immediately. The motion carried with the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Commission for Senior and Challenged Citizens. Supervisor Minnix nominated Nancy Hall and Betty Dangerfield to represents the Cave Spring Magisterial District. ~ Committee to establish guidelines and policies for olacement of communication towers. Supervisor Nickens nominated David Jones to represent the Vinton Magisterial District; Supervisor Harrison nominated David Shelor to represent the Catawba Magisterial District; Supervisor Johnson nominated Wayne Masey to represent the Hollins Magisterial District; and Supervisor Eddy nominated Elizabeth Belcher to represent the Windsor Hills Magisterial District. 654 October 28,1997 - - INRE: CONSENT AGENDA R-102897-9 Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None RESOLUTION 102897-9 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 October 28, 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 7, inclusive, as follows: 1. Approval of Minutes - September 9, 1997 2. Confirmation of Committee Appointments to the Committee to establish guidelines and polioies for placement of communications towers. 3. Acceptance of water and sanitary sewer facilities serving Peters Creek Commercial Park. 4. Acceptance of water and sanitary sewer facilities serving Huntridge Road Sewer Extension. 5. Acceptance of a donation to the Police Department by the Moose Lodge #284 for night vision equipment. 6. Acceptance and appropriation by School Board of 1997-98 IDEA flow through grant fund. 7. Aooeptance of donation of drainage easements in connection with development of Affordable Efficiency Inn on Florist Road. - October 28, 1997 655 - 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 suoh item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REQUESTS FOR WORK SESSIONS 1.. Request for Work Session on November 18. 1997 on the Secondarv Road System Six-Year Construction Plan and VDOT Revenue Sharina Proaram. It was the consensus of the Board to set a work session for November 18, 1997. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: (1) He announced that the Audit Committee met prior to the meeting, and noted that the Finance Staff had received a national award, and that they received a glowing report in relation to how the staff handles the County's financial responsibilities. Supervisor Harrison: (1) He announced that R. R. Donnelley had contributed $45,000 to TAP and suggested that a letter be sent to them in appreciation for their contribution. (2) He agreed with Supervisor Eddy that the County should move forward as soon as possible on the Tower Committee. (3) He also supported Supervisor Eddy's request to move forward on stormwater management. Supervisor Nickens: (1) He noted that the County Signal had an article that 656 October 28, 1997 the Employee Advisory Committee supports a flexible holiday schedule. He asked staff to provide information on the previous Board discussions on this subject and Paid Time Off (PTO). (2) He felt that it was not appropriate to participate in a ceremony with the Environmental Protection Agency (EPA) to celebrate the closure of Dixie Caverns. Mr. Hodge suggested that a meeting be held with the citizens in that community instead. (3) He passed out a news release from Congressman Goodlatte that a new Interpretive Visitors Center will be constructed on the Blue Ridge Parkway unless it is vetoed by the President. '- Supervisor Eddy: (1) He suggested that staff find out more about the Dixie Caverns Landfill ceremony from the EPA before making a decision not to attend. Mrs. Green advised that she had met with EPA officials and they are still planning the activity. There was Board consensus not to attend. (2) He advised that he hoped that a flexible holiday schedule would keep offices opened on minor holidays which he supports. (3) He thanked Supervisor Nickens for responding to the Vinton History Society regarding their concerns about the closing of Roland E. Cook School and the Career Center. (4) He asked for a report on outdoor advertising signs. Mr. Hodge said the problem had been resolved and he would check to see if a memorandum was ever sent. (5) He asked about strengthening the ordinance regarding fences in front yards. Mr. Hodge said that he is working through the process and will be brought back. (6) He asked for the status of the policy manual. Mr. Mahoney responded that a team is reviewing it, and it will be brought back to the November 18, 1998 meeting. (7) He asked when more information on the regional stormwater management program would be available. Mr. Hodge advised that - October 28, 1997 657 - - the regional group is working on it and plans to bring back a funding formula to all governing bodies in January. Supervisor Johnson: He thanked the County staff and Fralin and Waldron for responding to the situation on Carson Road where a shell building is being constructed by the Regional Chamber of Commerce right next to a residential area. He recommended that a meeting be held with the community to discuss the construction projeots even if the land is already zoned for business or industry. IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports after discussion of Items 7 and 8. The motion carried by a unanimous voice vote. 1.. General Fund Unappropriated Balance 2.. Capital Fund Unappropriated Balance ~ Board ContingencY Fund ~ Accounts Paid - September 1997 ~ Statement of Revenues and Expenditures for period ended September 30. 1997 6. Proclamations signed by the Chairman L. Report of First Quarter Claims Activities for the Self-Insurance Program ª' Reoort on unpaved roads in Roanoke County 658 October 28, 1997 - IN RE: WORK SESSION .1.. Work Session on vear end oDerations. 'Diane Hvatt. Finance Director) Ms. Hyatt reported that operations for the year ending on June 30, 1997 resulted in savings of $1 ,490,230. Based on the rollover of the year end savings policy, the departments could request up to 60% of the savings within their own departments as approved by the County Administrator. The rollovers total $745,543. The net expenditure savings of $744,687 will be transferred to the Capital Unappropriated Balance. Ms. Hyatt also reported that the actual third quarter General Fund revenues were $510,743 under the amounts that were anticipated. Ms. Hyatt also advised that the School operations for 1996-97 had a year- end surplus of $1,122,275. Of that amount $29,489 are encumbrances and commitments from the 1996-97 operations. The schools have committed to add $500,000 of their surplus each year to the bus fund. School Superintendent Deanna Gordon presented the list of how they planned to appropriate their year-end balanoe after appropriation to the bus fund and outstanding encumbrances, with the majority of the balance funding mobile classroom purchases and furnishing and equipment for William Byrd High School. Supervisor Nickens expressed concern at the departmental use of rollover íund~ noting that most of them should be inoluded in the budget process. Supervisor· Eddy shared his concern but felt that the County Administrator should have some latitude in how the funds are spent. Supervisor Johnson advised that the rollover funds should not be spent on operations. ~ October 28, 1997 659 - 2.. Report on Revenue Proiections and First Quarter Update. (Brent - Robertson. Budaet Manager) Mr. Robertson reported that the revenues generated $500,000 less than estimated This resuluted in a net additional $2.8 million to the Unappropriated Balance. Mr. Robertson reported that revenue projections look favorable and his only concern is the personal property tax. They had estimated an 11 % increase but the increase for 1997 was only 5%. INRE: EXECUTIVE SESSION At 5:55 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (7) consultation with legal counsel pertaining to legal matter: agreement with the Town of Vinton; 2.1-344 A (3) acquisition of real estate for public purpose, Catawba Farm, 2.1-344 A (7) consultation with legal counsel concerning potential litigation, Lowes rezoning request, and BPOL tax. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-102897-10 At 7:00 p.m., Supervisor Johnson moved to return to open session, that only the items concerning Lowe's rezoning and Catawba Farm were discussed, and adopt the Certification Resolution. The motion carried by the following recorded vote: 660 October 28, 1997 - AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson - NAYS: None RESOLUTION 102897-10 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 accordanoe with the provisions of The Virginia Freedom of Information Aot; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution and that only items concerning the Catawba Barm and Lowe's rezoning were discussed, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: NEW BUSINESS (CONTINUED FROM AFTERNOON SESSION) 1... Request to appropriate results of year ended June 30. 1997 A-102897-11 Ms. Hyatt reported that the audit for the end ended June 30, 1997 has been . completed and the County received a favorable opinion. There is a net surplus from departmental operations of $745,543 which staff recommends be appropriated to the Capital Unappropriated Fund; a net General Fund increase of $2,887,205 which staff recommends be appropriated to the General Fund Unappropriated Balance; and a net ~ October 28, 1997 661 - school surplus of $1,122,275 which the School Board has recommended be appropriated to several projects. Supervisor Nickens requested that the staff look at the current rollover policy, what should be included in rollover funding and refine the polioy to bring back iO March 1998. Supervisor Minnix moved to appropriate the funds; that staff review and refine the rollover policy and bring it back to the first meeting in March, 1998. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1... Second 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 Maaisterial District. upon the petition of Maynard Manning. (Terry Harrinaton. Director of Planning and Zonina) 0-102897-12 Mr. Harrington reported that the petitioner resides on lot #51 (3317 Valley Forge Avenue) and has informed the staff that he plans to sell lot #52 if the rezoning request is approved. The property would be virtually unusable in any zone, and it is likely 662 October 28, 1997 - - that there would be a combination of lots 52, 53 and 54 (already zoned C-1) with eventual marketing as one conforming C-1 parcel. The combined lots appear to exceed the C-1 district lot minimum of 15,000 square feet. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 102897-12 TO CHANGE THE ZONING CLASSIFICATION OF A .099-ACRE TRACT OF REAL ESTATE LOCATED ON VALLEY FORGE AVENUE 100 FEET SOUTH OF THE INTERSECTION OF VALLEY FORGE AVENUE AND CONCORD PLACE (TAX MAP NO. 77.13-3-52) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF C-1 UPON THE APPLICATION OF MAYNARD O. MANNING WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and publio hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7,1997; 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 containing .099 acres, as described herein, and located on Valley Forge Avenue 100 feet south of the intersection of Valley Forge Avenue and Concord Place (Tax Map Number 77.13-3-52) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-1, Office Distriot. 2. That this action is taken upon the application of Maynard O. Manning.. 3. That said real estate is more fully described as follows: o Being Lot 2, Section 8, according to the map of Mount Vernon Heights, dated July 1, 1980, and recorded in Plat Book 2, page 67 in the office of the Clerk of the Circuit Court of Roanoke County, Virginia. 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 - October 28,1997 663 - 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, Nickens, Johnson NAYS: None - 1. Second reading of ordinance to condition all v 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. (Terry Harrington. Director of Planning and Zoning) 0-102897-13 Mr. Harrington advised that in April of this year the Commission and Board evaluated a rezoning and Special Use Permit request of Shenandoah Homes Retirement Village to construct an assisted living/life care facility on Airport Road. During the Board's review of the proposal, they discussed with the applicant issues of taxation and the existing nonconforming zoning status of the Shenandoah Homes on Hawthorne Road. This rezoning request would eliminate the nonconforming status on this property. The petitioner offered one proffered condition that the C-2 use of the property will be limited to the existing home for adults and that no additions to the existing facility shall be permitted or allowed. Supervisor Johnson moved to adopt the ordinance. The motion carried by 664 October 28,1997 - the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 102897-13 TO CHANGE THE ZONING CLASSIFICATION ON A 5-ACRE TRACT OF REAL ESTATE LOCATED at 5300 HAWTHORNE ROAD (TAX MAP NO. 38.14-1-34) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS, AND OBTAIN A SPECIAL USE PERMIT, UPON THE APPLICATION OF SHENANDOAH HOMES, INC. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7,1997; 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 containing 5 acres, as described herein, and located at 5300 Hawthorne Road (Tax Map Number 38.14-1-34) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-3, Medium Density Multi-Family Residential District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Shenandoah Homes, Inc. 3. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1 ) The C-2 use of the property will be limited to the existing home for adults located on the subject property. No additions to the existing facility shall be permitted or allowed under this rezoning. 4. That the Board finds that the granting of a special use permit-to Shenandoah Homes, Ino. to bring a nonconforming use (home for adults) into conformity on property located at 5300 Hawthorne Road (Tax Map No. 38.14-1-34) in the Hollins Magisterial District is substantially in accord with the general purpose of promoting the health, safety and general welfare of the public by encouraging economic development and enlarging the tax base, and substantially in accord with the adopted 1985 Compre- hensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as October 28,1997 665 - amended, and said Special Use Permit is hereby approved. 5. That said real estate is more fully described as follows: Beginning at a fence post set in concrete, at corner #1 on the northwesterly side of a road or lane, said beginning point being N. 67° 00' W. 18.5 feet from the iron pipe corner at the northeast corner of the Airlee Court Annex Subdivision of record in the Clerk's Office of the Cirouit Court of Roanoke County, Virginia, in Plat Book 2, Page 103; and the said beginning point being the southwest corner of the homeplace yard of the residence of Maude M. Nelms and M. L. Nelms, her husband; thence leaving thé above- described beginning point, and with a line following the existing fence line, approximately 16 feet, northwesterly from and parallel with the northerly boundary line of aforesaid Airlee Court Annex Subdivision and along the northwest side of a 16 foot width roadway or lane S. 53° 10' W. 345.8 feet to an iron pipe at corner #2; (this corner #2 is N. 18° 15' E. 27.4 feet from the old planted stone monument at the common corner to the lands of W. F. Patrick and Nelms lands); thence leaving said lane or road, and with a line along the easterly side of a 15-foot wide roadway right-of-way, said line being 15 feet easterly from and parallel with the boundary line between the Nelms land and the W. F. Patrick land, N. 16° 58' W. 728.3 feet to an iron pipe at corner #3, on the southerly boundary line of that certain tract conveyed to W. W. Boxley and M. L. Nelms and wife, by deed dated March 1918; thence along the said Boxley line, following the existing fenced line, N. 52° 55' E. 304.2 feet to an iron pipe at corner #4, by a fence oorner post; thence leaving the said Boxley property, and with new division lines through the property of Maude M. Nelms and husband, following the existing farm fence line, S. 28" 20' E. 320.2 feet to an iron pipe at corner #5; thence S. 61 ° 40' W. 101.7 feet to an iron pipe at corner #5; thence continuing with new division lines through the aforesaid Nelms property, S. 28° 20' E. 387.5 feet to the place of beginning. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Second reading of ordinance to obtain a Soecial Use Permit to 666 October 28, 1997 - - eXDand the existing restaurant with drive-thru window. located at 4369 Electric Road. Cave Sprina Maaisterial District. upon the petition ofWendv's of Western VA. (Terry Harrington. Director of Planning and Zoning) 0-102897-14 Mr. Harrington advised that Wendy's is requesting the Special Use Permit for a 670 square foot expansion of their existing facility to expand their dining room and kitchen. They also plan to add a second drive-thru service window which will help make the drive-thru service faster and more efficient. The drive-thru stacking spaces will be relocated about 8 feet to the west of the current isle and the adjacent parking spaoe angle will be increased. Supervisor Minnix noted that this was an improvement and moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 102897-14 GRANTING A SPECIAL USE PERMIT TO WENDY'S OF WESTERN VIRGINIA, INC. TO EXPAND THE EXISTING RESTAURANT WITH DRIVE-THRU WINDOW LOCATED AT 4369 ELECTRIC ROAD (TAX MAP NO. 77.20-1-6), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Wendy's of Western Virginia, Inc. has filed a petition to expãñd- the existing restaurant with drive-thru window located at 4369 Electric Road (Tax Map No. 77.20-1-6) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing - October 28,1997 667 - on this matter was held on October 28, 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 Wendy's of Western Virginia, Inc. to expand the existing restaurant with drive-thru window located at 4369 Electric Road (Tax Map No. 77.20-1-6) 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. 2. That this ordinanoe 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, Nickens, Johnson NAYS: None 4. Second readina of ordinance to amend conditions on 1.14 acres zoned C-2C to construct office buildings. located at 5440 Peters Creek Road. Hollins Magisterial District. upon the petition of Radford & Co. (Terrv Harrinaton. Director of Plannina and Zoning) 0-102897-15 Mr. Harrington advised that this proposal includes three separate one-story office buildings totaling 15,000 square feet amending a 1988 proffered concept plan proposing one larger structure. The petitioner also requests the removal of conditions relative to signage and exterior lighting for the office building proposed in 1988. The site is designated Transition by the 1985 Comprehensive Plan. Supervisor Johnson explained that this would give the owner more flexibility 668 October 28,1997 - - and moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 102897·15 TO AMEND CONDITIONS ON THE C-2C ZONING CLASSIFICATION OF A 1.14-ACRE TRACT OF REAL ESTATE LOCATED 5440 PETERS CREEK ROAD (TAX MAP NO. 26.20-4-27.1) IN THE HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF RADFORD & CO. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 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 conditions imposed upon the 1988 rezoning of a certain tract of real estate containing 2.85 acres (Tax Map No. 26.20-4-27) and located at the northeasterly intersection of Peters Creek Road and Woodhaven Drive (Tax Map Number 26.20-4-27) in the Hollins Magisterial District, are hereby removed only.é¡ls to "New Lot B" containing 1.14 acres located at 5440 Peters Creek Road (Tax Map No. 26.20-4-27.1). These conditions will continue to apply to the remaining 1.39 acres (Tax Map No. 26.20-4- 27) as follows: (1) Site to be developed in substantial conformity with the site plan of T. P. Parker & Son, submitted herewith. (2) The following proffers will relate to signage: (a) The sign will be in accordance with the rendering presented to the Planning Commission and the Board of Supervisors. (b) There will be no green on the signage. © There will be no bunnies on the signage. (d) Signage for the Hop-In Store and the donut store will not exceed a total of sixty (60) square feet. If signage is located on a pole, the pole will not exceed twenty (20) feet in height. (e) The signage for the office building will be monument- type signage not to exceed twenty-four (24) square feet. (f) There will be no free-standing advertising signs on the October 28, 1997 669 - premises. 2. That the owner of "New Lot B" containing 1.14 acres (Tax Map No. 26.2~-27.1) has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The project will be developed in substantial conformity with the conoeptual site plan SK1 dated 21 August 1997 as prepared by Jones & Jones Associates, Architects PC. (2) The free-standing monument sign at the Route 117 side of the site shall be limited to 100 square feet. The total signage for the offioes shall be 264 square feet. 3. That this action is taken upon the application of Radford & Co. 4. That said real estate is more fully described as follows: Starting at a conorete right-of-way monument at the intersection of the northerly right-of-way of Woodhaven Road and the westerly right-of-way of Peters Creek Road; thence with the westerly right-of-way of Peters Creek Road, N. 85° 40' 15" E. 70.20 feet to a point; thence continuing with said right-of-way of Peters Creek Road, N. 4SO 59' 00" E. 160.06 feet to the Point of Beginning; thence leaving the right-of-way of Peters Creek Road and with the northerly line of New Lot "A", N. 45° 13' 52" W. 277.99 feet to a point; thence leaving New Lot "A" and with the property of R. Wayne Lafon and Elizabeth Ann McCall (DB 1215, page 334), N. 47° 36' 08" E. 183.27 feet to a fence post corner; thence leaving the Lafon and McCall property and with the property of John E. & Elizabeth S. Stephens (DB 797, page 568) and the property of Orrie E. & Nellie C. Lee (DB 475, page 393), S. 45°13' 52" E. 264.09 feet to an iron pin corner; thence leaving the Lee property and with the westerly right-of-way of Peters Creek Road on a curve to the right whose radius is 2784.79 feet and whose chord is S. 43° 00' 38" W. 176.66 feet to a point; thence continuing with said right-of-way of Peters Creek Road, S. 49° 59' 00" W. 6.45 feet to the Point of-Beginning and being all of New Lot "B" as shown on Subdivision Map for Mary E. Radford, prepared by T. P. Parker & Son, dated October 5, 1989, and containing 1.144 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is direoted 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, Nickens, Johnson NAYS: None 670 October 28, 1997 .§. Second readinQ of ordinance to obtain a Speciéll Use Permit tQ construct a regional stormwater management basin futilitv services. maior) and for a Section 15.1-456 review for consistency with the Roanoke County ComDrehensive Plan. located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive. Catawba Maaisterial District. upon the petition of the City of Roanoke fMontclair). (Terry Harrinaton. Director of Plannina and Zonina) 0-102897-16 Mr. Harrington reported that the City is requesting the Special Use Permit for a regional stormwater management basin. He explained that the 456 review would ensure that the public facility would be consistent with the Comprehensive Plan. He advised there was one condition that there would be no screening and buffering required around the entire perimeter of the basin and there has been an addition to that condition calling for screening and buffering planted along the back of homes on Ambassador Drive. Mr. Greg Reed, an engineer with the City of Roanoke was present to answer questions. In response to questions from Supervisor Harrison, Mr. Reed advised that Roanoke City will access the site at the end of Diplomat Drive. Supervisor Eddy asked why the Board must approve the 456 review when it was conducted by the Planning Commission. County Attorney Paul Mahoney advised that the Board can either affirm the Planning Commission's review or can overrule their review. - October 28,1997 671 - Supervisor Harrison moved to adopt the ordinance with condition added that screening and buffering will be planted along the back of the homes of Ambassador Drive. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 102897-16 GRANTING A SPECIAL USE PERMIT TO THE CITY OF ROANOKE (MONTCLAIR) TO CONSTRUCT A REGIONAL STORM WATER MANAGEMENT BASIN (UTILITY SERVICES, MAJOR) AND REVIEWING AND APPROVING THE PROJECT FOR CONSISTENCY WITH THE ROANOKE COUNTY COMPREHENSIVE PLAN (SECTION 15.1-456 REVIEW), SAID PROJECT LOCATED 400 FEET NORTHWEST OF THE INTERSECTION OF AMBASSADOR DRIVE AND ENVOY DRIVE (TAX MAP NOS. 36.15-1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19- 1-1.12,36.19-1-1.8,36.19-1-1.7, 36.19-1-1.6, 36.19-1-1.13), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the City of Roanoke (Montclair) has filed a petition to construct a regional storm water management basin (utility services, major) located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive (Tax Map Nos. 36.15- 1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19-1-1.12, 36.19-1-1.8, 36.19-1-1.7, 36.19-1-1.6,36.19-1-1.13) in the Catawba Magisterial Distriot; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7,1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing on this matter was held on October 28, 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 the City of Roanoke (Montclair) to construct a regional storm water management basin (utility services, major) located 400 feet northwest of the interseotion of Ambassador Drive and Envoy Drive (Tax Map Nos. 36.15-1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19- 1-1.12,36.19-1-1.8,36.19-1-1.7, 36.19-1-1.6, 36.19-1-1.13) 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 with the following condition: (1) No screening and buffering shall be required around the entire perimeter of the basin site; however, screening shall be provided 672 October 28, 1997 along the rear of the homes along AmOassaClor Urlve. 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 with amended condition, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None .6... Second reading of ordinance to obtain a Special Use Permit to construct a regional stormwater management basin (utility services. maior) and for a Section 15.1-456 review for consistency with the Roanoke County Comorehensive Plan. located 300 feet southeast of the terminus of Candlelight Circle. Catawba Magisterial District. upon the petition of the City of Roanoke (North Lakes), (Terry Harrington. Director of Plannina and Zonina) 0-102897-17 Mr. Harrington reported that this was a similar request to the petition just heard. At the Planning Commission meeting, William Overstreet commented on the flooding in the area that occurred in 1994 and expressed concern with North Spring Drive being used for construction access. He also requested a cul-de-sac at the end of North Spring Drive. King Harvey, representing the North Lakes Homeowners Association, expressed concerns regarding flooding and construction access. Danny Hambrick and ----- October 28,1997 673 Terry Mullins expressed concerns regarding access, safety and the loss of vegetation. Mr. Harrington advised that Greg Reed, representing the City of Roanoke, responded that the City would be willing to explore a construction access route other than North Spring Drive; that the pond would not enhance the danger of flooding; and that it was the City's intent to leave the large trees in the basins, but remove small vegetation. Mr. Harrington reported that an additional condition had been added limiting construction access to Peters Creek Road. In response to questions from Supervisor Harrison, Mr. Reed advised that that City will do minimal grading and clearing; that the City will maintain the basin; and that the basin would be surrounded with a six foot fence. William Overstreet, 4930 North Spring Drive, presented a petition from the neighbors requesting that as many trees as possible be saved and that the County consider putting a vegetative island in the middle of the cul-de-sac. Mr. Overstreet also requested that the cul-de-sac be constructed because of traffic on the street. He presented a video to the Board to be viewed at a later time showing the previous flood damage to their neighborhood. Supervisor Harrison moved to adopt the amended ordinance with the condition #1 also amended to add that there be appropriate screening on North Spring Drive to be provided by the petitioner. The motion carried by the following reoorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None 674 October 28,1997 - ORDINANCE 102897-17 GRANTING A SPECIAL USE PERMIT TO THE CITY OF ROANOKE (NORTH LAKES) TO CONSTRUCT A REGIONAL STORM WATER MANAGEMENT BASIN (UTILITY SERVICES, MAJOR) AND REVIEWING AND APPROVING THE PROJECT FOR CONSISTENCY WITH THE ROANOKE COUNTY COMPREHENSIVE PLAN (SECTION 15.1-456 REVIEW), SAID PROJECT LOCATED 300 FEET SOUTHEAST OF THE TERMINUS OF CANDLELIGHT CIRCLE (TAX MAP NOS. 37.17·1- 2,37.13-4-3.1,37.13-4-3,37.13-4-7,37.13-4-1, 37.13-3-32), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the City of Roanoke (North Lakes) has filed a petition to construct a regional storm water management basin (utility services, major) located 300 feet southeast of the terminus of Candlelight Circle (Tax Map Nos. 37.17-1-2, 37.13-4-3.1, 37.13-4-3, 37.13-4-7, 37.13-4-1,37.13-3-32) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7,1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing on this matter was held on October 28, 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 the City of Roanoke (North Lakes) to construct a regional storm water management basin (utility services, major) located 300 feet southeast of the terminus of Candlelight Circle (Tax Map Nos. 37.17-1-2, 37.13-4-3.1,37.13-4-3,37.13-4-7, 37.13-4-1,37.13-3-32) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Compre- hensive 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 condition: (1) No screening and buffering shall be required around the entire perimeter of the basin site; however, screening shall be provided along the northern portion of the property adjacent to North Spring Drive. (2) Construction access shall only be provided from Peters Creek Road. Future maintenance access shall also be from Peters Creek Road. 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 confliot 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 amended ordinance with the changes to condition #1, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ October 28, 1997 675 - = 7. Second reading of ordinance to rezone 2.044 acres from C-2 conditional to C-2 to construct an office building. located at 3743 Challenger Avenue. Hollins Maaisterial District. upon the petition of Jack F. Walrond. Jr. (Terry Harrinaton. Director of Planning and Zonina) 0-102897-18 Mr. Harrington advised that Mr. Waldron is requesting to eliminate all proffered conditions placed on the property in March 1987 to remove unnecessary or obsolete proffers and to allow a new 672 square foot office building to be constructed. The proposed office building would be constructed on the same lot as the Texaco service station and convenience store. Supervisor Johnson moved to adopt the ordinance removing the original conditions. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 102897-18 TO CHANGE THE ZONING CLASSIFICATION OF A 2.044-ACRE TRACT OF REAL ESTATE LOCATED AT 3743 CHALLENGER AVENUE (TAX MAP NOS. 50.01-1-2.3 AND 50.01-1-2.5) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-2, UPON THE APPLICATION OF JACK F. WALROND, JR. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, 676 October 28,1997 ~ - WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 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 containing 2.044 acres, as described herein, and located at 3743 Challenger Avenue, (Tax Map Numbers 50.01-1-2.3 and 50.01-1-2.5) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2, Conditional, General Commercial District, to the zoning classification of C-2, General Commercial District. 2. That the conditions imposed upon the 1987 rezoning of a certain tract of real estate containing 2.044 acres and located at 3743 Challenger Avenue (Tax Map Numbers 50.01-1-2.3 and 50.01-1-2.5) in the Hollins Magisterial District, are hereby REMOVED as follows: (1) All fuel storage within the distribution facilities will be underground, providing bottom loading service only. Tanks are to be buff hide-steel with fiberglass sealer. All corners of the storage areas are to be monitored with seepage detectors. (2) All truck storage areas as relates to Walrond Oil Company are to be screened from view from adjacent property owners, by landscaping, earth berm, fence or combination. (3) Retail facilities to be of similar design to Texaco 2000 Outlet. Landscaping per concept plan. (4) Office design to be in substantial conformity to ooncept plans and architectural description. (5) Walrond Oil Company, Inc. complex will be contained within B-2 and B-3 zoned areas as set forth on the concept plan. (6) Development of the entire tract will be within restrictions as proposed for Perimeter-East Commerce Park. (7) B-3 zoning to be restricted to permitted uses under Section 21- 23-2 of the Roanoke County Zoning Ordinance - update August 4, 1986, to users defined under Paragraph 1 and 3. (8) B-2 zoning to exclude the following uses as set forth under Section 21-23-2 of the Roanoke County Zoning Ordinance - update August 4, 1986, public billiard parlor and poolrooms, golf driving range, flea markets and publio dance halls. (9) M-1 zoning to exclude the following uses as set forth under Section 21-24-1 of the Roanoke County Zoning Ordinance - update August 4, 1986, automotive repair, overhauling or service requiring outside storage of disabled vehicles, kennels with exterior runs or yards, flea markets and mini-warehouses. (10) A 35-foot buffer strip shall be maintained between light industrial and adjacent Residential and Agricultural Districts. Buffers which abut residential home sites shall be planted with evergreen trees, interspersed with deoiduous trees as set forth in Section 21-92, General Standards, Subsection E, F, G of the - October 28, 1997 677 Screening and Buffering ordinance of Roanoke County, as now adopted or as may hereafter be amended. (11) Middle curb cut to Lot 2 will provide vehicle entrance only from Route 460. (12) Lot #3 and #4 shall provide for shared access to the curb cut on Route 460. 3. That this action is taken upon the application of Jack F. Walrond, Jr. 4. That said real estate is more fully described as follows: Starting at a point in the easterly right-of-way of U.S. Route 460 East, said point being the northeasterly corner of Lot 3 and the southwesterly corner of New Lot 2B as shown on Survey for Jack Walrond prepared by T. P. Parker & Son, dated March 31, 1988, a copy of which is attached, which point is the Point of Beginning; thence N. 35° 20' 19" E. 5.95 feet to a concrete monument in the easterly right-of-way of U. S. Route 460; thence N. 40° 23' 27" E. 296.91 feet to a point, said point being at the intersection of the easterly right-of-way of U.S. Route 460 and the southerly right-of-way of a 50' access road; thence leaving U.S. Route 460 and with the southerly line of said access road, S. 51 ° 34' 33" E. 291.45 feet to a point; thence leaving the said 50 foot access road, S. 38° 21' 11" W. 300 feet to a point; thence N. 51° 34' 33" W. 301.60 feet to the Point of Beginning, containing 2.044 acres and being designated as New Lot 2A and Nëw Lot 2B. 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 Johnson to adopt the ordinance removing the original conditions, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None . ª' Second reading 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 Vallev Avenue. Cave Spring Magisterial District. upon the petition of Lowe's Co. Inc. (Terrv Harrinaton. Director of Plannina and Zoning) 678 October 28,1997 - 0-102897-19 Mr. Harrington advised that the ordinance included four proffers which have been discussed with the Planning Commission. There is a change to the first one which has been revised; that Lowe's will flip the site of the garden center and loading dock to the north side. Mr. Harrington described the other three proffered conditions. He explained that the Planning Commission felt that this was an appropriate use of the land. In 1985, the Pinkard Court community was designed as Neighborhood Conservation in the Comprehensive Plan because it was felt that this neighborhood, established in the 1920's, deserved the highest degree of protection. However, Lowe's has proposed to purchase most of the subdivision, demolish the. existing structures, vacate many of the public streets and build a retail home improvement store and the appropriate land use designation has changed. The Planning Commission recommended approval with the proffered conditions. The following citizens spoke concerning the rezoning request: 1. J. B Goria POBox 20269. Roanoke. thanked the Board for adding the condition moving the loading dock and garden center away from Quail Valley. 2. Eric Balow 4547 Washinaton Road. Pinkard Court, advised that they purchased their house and did all the work themselves and love their home. However, they have not received a valid offer from Lowe's for their home because Lowe's dos not seem interested in purchasing their property. 3 Alvin Nash 1627 Lonna Drive, representing Total Action Against Poverty, - October 28, 1997 679 Blue Ridge Housing Development Corporation, located in the old Pinkard Court School, and the Community of Pinkard Court, advised that under certain conditions that either have been met or are being met, TAP has agreed to sign an option to sell to Lowe's. The project will result in a significant economic development project and provide an affordable housing program. He asked the Board to encourage the County Administration to assist in locating a new facility for TAP and Blue Ridge Housing Development Corporation. 4. Georoe Jernigan, advised that his mother, who lives in Pinkard Court, has chosen not to sell and asked if the County will continue to supply water to the people who remain, and if the well is eliminated, would the land be return to the owner. Mr. Hodge responded that the County has committed to extending the water lines and if the well is eliminated, they could extend the water lines to the two homes. Supervisor Johnson advised that the County will pay for the extension and will need to do a title search to find out who owns the property. Don Glenn, representing Lowe's, advised that they planned to purchase the Barlow's home and have an option on the property. Supervisor Eddy asked the staff to follow-up on what property is finally purchased for the Lowe's project. Mr. Hodge was directed to check on the extension of water and sewer lines to the Jernigan property. Supervisor Minnix moved to adopt the ordinance with conditiôn-#1 aniendec that Lowe's will flip the location of the garden center and truck loading dooks to the northern property area of the proposed project. The motion carried by the following recorded vote: 680 October 28,1997 AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 102897-19 TO CHANGE THE ZONING CLASSIFICATION OF A 22-ACRE TRACT OF REAL ESTATE LOCATED ON ROUTE 220 AND VALLEY AVENUE (TAX MAP NO. 87.08-1-VARlOUS) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, R-3, C-2C TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF LOWE'S COMPANIES, INC. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 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 containing 22 acres, as described herein, and located on Route 220 and Valley Avenue (Tax Map Numbers 87.08-1-VARIOUS) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, R-3, C-2C, Low Density Residential District, Medium Density Residential District, General Commercial District (Conditio'nal),to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Lowe's Companies, Inc. 3. That the Petitioner, who is the contract purchaser of the property, has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Petitioner proffers to build the Lowe's store in substantial conformity with the preliminary site plan, dated October 7, 1997. Except that Lowe's will flip the location of the garden center and the truck loading docks to the northern property area of the proposed project. (2) Petitioner proffers that if any out parcel, that requires C-2 zoning, is proposed on this site or the adjoining site of White House Antiques, it will be subject to a Special Use Permit regardless of the C-2 use proposed. This will allow the Planning Commission and Board of Supervisors the opportunity to review traffic impacts, circulation and access issues. (3) Petitioner proffers to retain the existing vegetation between the petitioner's site and the property of Quail Valley condominiums. The only exception to this will be the removal of vegetation that is necessary for improvements to the access road for the existing residential properties. ~ October 28,1997 681 - (4) If any of the residential homes on Washington Road remain, petitioner proffers to upgrade, pave and maintain Washington Road to provide continuous, adequate and safe access to these houses. This upgrade will be to a standard aoceptable to the County and reviewed during the site plan review process. 4. That said real estate is more fully described as follows: Beginning at a point in the westerly right-of-way line of Franklin Road, U. S. Route 220, common corner to Lots 3 and 4, Block 1, Pinkard Court; thence with the westerly right-of-way line of U. S. Route 220 on a curve to the right having a radius of 5677.58 feet, a delta angle of 00° 53' 06", a chord of 86.79 feet bearing S. 17° 39' 16" E. along the arc a length of 87.69 feet to a point; thence S. 17° 12' 43" E. 266.43 feet to a point; thence S. 59° 16' 34" W. 33.60 feet to a point; thence S. 30° 43' 26" E. 20.00 feet to a point; thence, S. 17° 12' 43" E. 8.32 feet to a point in the said right-of-way line of U. S. Route 220; thence leaving Route 220 and with Old Heritage Corporation and Quail Valley Condominium S. 59° 57' 51" W. 1022.17 feet to a point in the line of said Quail Valley Condominium; thence along the westerly right-of-way of Washington Road and the line of Leo, Inc. N. 29° 17' 28" W. 156.01 feet to a metal fence post found; thence with the line of Balow, St.Clair, Old Heritage Corporation and Jernigan N. 29° 17' 30" W. 466.32 feet to a point; thence N. 64° 20' 39" E. 9.76 feet to a point; thence across the end of Valley Avenue N. 25° 39' 21" W. 24.84 feet to a fence post; thence continuing with Jernigan N. 28° 10' 03" W. 177.32 feet to a point; thence with Jernigan and the Roanoke County Board of Supervisors and Jernigan N. 82° 40' 36" W. 275.75 feet to an iron rod found; thence N. 75° 52' 47" W. 140.97 feet to an iron rod found, corner to Hairston Cemetery and Craighead Real Estate; thence with Craighead Real Estate N. 65° 59' 50" E. 1059.30 feet to a point in the line of R. C. Gallagher; thence with Gallagher S. 14° 33' 05" E. 406.07 feet to a point; thence across Valley Avenue S. 24° 28' 26" E. 25.00 feet to a point in the southern right-of-way line of Valley Avenue; thence with said right-of-way N. 65° 31' 34" E. 400.21 feet to a point; thence leaving Valley Avenue and with the lines of Lots 1, 2, and 3, Block 1 of Pinkard Court, S. 16° 25' 09" E. 123.37 feet to a point; thence with the line of said Lot 3, N. 73° 34' 51" E. 122.64 feet to the point of beginning, and containing an area of 21.686 acres of land according to a plat of survey revised date 22 August 1977 by Anderson & Associates, Inc., Document No. 14675-002. 5. That this ordinance shall be in full force and effeot thirty (30) days after Lowe's Companies, Inc. becomes the fee simple owner of the entire 21.686 acre tract described above. 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 #1 682 October 28, 1997 - = amended, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 9. Second reading of ordinance to obtain a Special Use Permit to construct a 190 foot self-suooorting broadcast tower. located at 5585 Catawba Hospital Drive. Catawba Maaisterial District. upon the petition of Ohio State Cellular Phone Co.. Inc. (Terry Harrinaton. Director of Planning and Zoning) Mr. Harrington reported this request is proposed as part of a possible negotiated settlement of litigation between Ohio State Cellular and the County over the 1996 denial of a proposed tower location. The Board denied an application of Ohio State Cellular (OSC) to locate the tower on property owned by Buddy Garman located at 5949 Newport Road. The Board cited findings that indicated that the proposed tower was incompatible at that location due to its proximity to the Appalachian Trail, Route 311 Scenic Byway and the identified Catawba Rural Historic District. Ohio State Cellular filed suit in federal Court requesting that the court overturn the Board's action. During 1997, the parties attempted to negotiate a settlement to the case, and it was determined that the Catawba Fire Station property meets the siting criteria of Ohio State Cellular. The Planning Commission recommended approval. There are seven conditions that parallel the terms of the lease. Jerry Caldwell, volunteer fire chief of the Catawba Fire Department, advised that he was not opposed to the tower, but to the proposed location. If the tower is placed -. October 28, 1997 683 - on the proposed location, there would not be room for any expansion of the fire - department. He requested that the tower be moved back in the woods. Supervisor Harrison asked where additional buildings would go if the tower were shared by others. David Klum, representing Ohio State Cellular, advised that others could share the one building. Mr. Hodge advised that the County did not actually own the acreage and if they get the land from the state, they would have to go through the Special Use Permit process again. He requested approval of the permit and that Oho State Cellular wait as long as possible before building the tower. In response to a question from Supervisor Johnson, County Attorney Paul Mahoney concurred that another Special Use Permit would be required if the County received the additional property. Supervisor Harrison moved to continue this item until the November 18, 1997 Board meeting. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None .1-º. 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. aooroximately 0.5 mile east of its intersection with Green Ridae Road. Catawba Magisterial District. upon the petition of Ernest Clark. (Terry Harrinaton. Plannina & Zonina Director) CONTINUED FROM 684 October 28, 1997 - SEPTEMBER 23.1997 AT THE REQUEST OF THE PETITIONER) Supervisor Johnson advised that the petitioner has requested that this item be continued to November 18, 1997. Mr. Mahoney asked that the Board concur with the ;:- removal of the proffer relating to a sidewalk. Supervisor Harrison moved to continue this item until November 18, 1997 Board meeting. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None 11... Second reading of ordinance authorizing the vacation of a portion of an existing 15-foot drainage easement and äcceotance of a new 15-foot drainaae easement across 3.07 acres of land on the west side of Dorset Drive. property of Danny A. Gilbert and Linda K. Gilbert in the Windsor Hills Magisterial District. (Arnold Covev. Director of Engineering & Inspections) 0-102897-20 Mr. Covey advised there were no changes to the ordinance since the first reading. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ~ October 28,1997 685 - ORDINANCE 102897-20 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 15-FOOT DRAINAGE EASEMENT AND ACCEPTANCE OF A NEW 15-FOOT DRAINAGE EASEMENT ACROSS 3.07 ACRES OF LAND ON THE WEST SIDE OF DORSET DRIVE (TAX MAP #76.10-5- 33.1), PROPERTY OF DANNY A. GILBERT AND LINDA K. GILBERT WHEREAS, by subdivision plat entitled "Plat of Section NO.1 SUGAR LOAF MOUNTAIN ESTATES", dated November 18, 1968, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 7, page 24, a 15-foot (15') drainage easement was shown and created across the remaining property of Double-R Corporation; and, WHEREAS, a portion of said remaining property, over which the drainage easement is shown, consisting of 3.07 acres of land and lying on the west side of Dorset Drive in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, and designated on the Roanoke County Land Records as Tax Map No. 76.10-5-33.1, was conveyed by deed dated April 30, 1987, and recorded in the aforesaid Clerk's Office in Deed Book 1261, page 1433, to Danny Arthur Gilbert and Linda Kay Gilbert, husband and wife, the current owners of the property; and, WHEREAS, in connection with a County drainage improvement project to reduce and/or eliminate storm water runoff from an existing inadequate system, designated as Drainage Project P-164, the drainage across the Gilbert property is to be redirected, which requires relocation of the drainage easement; and, WHEREAS, by deed of easement dated April 25, 1997, Danny A. and Linda K. Gilbert have conveyed a new drainage easement to the Board of Supervisors of Roanoke County, subject to and in exchange for vacation of a portion of the existing drainage easement; and, WHEREAS, the County's engineering staff has recommended and approved the relocation, which will allow for improved storm water management and will serve the public interest; 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 October 14, 1997; and the publio hearing and second reading of this ordinance was held on October 28, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of a 15' drainage easement across property owned by Danny Arthur Gilbert and Linda Kay Gilbert, husband and wife, shown cross-hatched and designated as "EXIST. DRAINAGE EASEMENT (P.B. 7, PG. 24) TO BE VACATED" upon the 'Plat Showing Drainage Easement Being Granted To The Roanoke County Board Of 686 October 28,1997 = Supervisors By Danny A. Gilbert & Linda Kay Gilbert', dated 28 December 1994, made by Lumsden Associates, P.C., a copy of which is attached hereto as Exhibit A, be, and hereby is, vacated; and, 2. That, in exchange, acquisition and acceptance of a new 15' easement for drainage purposes across property owned by Danny Arthur Gilbert and Linda Kay Gilbert, husband and wife, designated and shown as "NEW DRAINAGE EASEMENT' upon the above-described plat attached hereto as Exhibit A, be, and hereby is, authorized and approved; and, 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute suoh doouments and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.1-482(b) of the Code of Virginia (1950, as amended). On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: CITIZEN COMMENTS AND COMMUNICATIONS 1... Kathy Casev. 4949 ADpletree Drive. Roanoke spoke regarding various ordinances related to pets including the number of dogs allowed, barking dogs, and what are considered violations under these ordinances. She questioned the Board on the interpretation of the ordinances and asked that she be allowed to keep her five dogs. INRE: EXECUTIVE SESSION At 9:00 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (7) consultation with legal counsel pertaining to legal matter: agreement with the Town of Vinton; 2.1-344 A (3) acquisition of - October 28, 1997 687 - -" ~._- real estate for public purpose, Catawba Farm, and 2.1-344 A (7) oonsultation with legal counsel concerning potential litigation, BPOL tax. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None IN RE: CERTIFICATION RESOLUTION R-102897-21 At 1 0: 23 p. m., Supervisor moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None RESOLUTION 102897-21 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson 688 October 28,1997 - - NAYS: None INRE: ADJOURNMENT At 10:24 p.m., Supervisor Minnix moved to adjourn. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None Submitted by, Approved by, ~~,{¿è O~ Clerk to the Board