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HomeMy WebLinkAbout4/25/2000 - Regular April 25, 2000 191 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 April 25, 2000 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of April, 2000. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice Chairman H. Odell "Fuzzy" Minnix, Supervisors Joseph B. "Butch" Church, Bob L. Johnson, Harry C. Nickens . None MEMBERS ABSENT: STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator, Anne Marie Green, Community Relations IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant Administrator. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added item 0-1, under briefings, Report from Sheriff on the accreditation process. Mr. Mahoney moved Item 2 under First Reading of Ordinances to 192 April 25, 2000 tAD CVeAIA§ aesslon as PJC'III:SI:ISlnoss ¡¡OrA L.. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1, Proclamation declarina the week of April 23-29. 2000. as Administrative Professionals Week in Roanoke Countv. Chairman McNamara presented the proclamation to Office Support Specialist Melinda Rector. Supervisor Nickens moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None IN RE: BRIEFINGS 1, Report from Sheriff Gerald Holt on the Sheriff's Office Accreditation Process and presentation of Annual Report. ¡Sheriff Gerald Holt) Sheriff Holt announced that the Roanoke County Sheriffs Office recently received national accreditation, one of only seven in Virginia and the 98th locality in the United States to be accredited. To receive accreditation, the Sheriff's Office had to meet 38 mandated standards and receive a 2-1/2 day audit. They passed with a score of 97.3 percent. The next step is to go before a panel in San Antonio, Texas. Sheriff Holt introduced Captain Charles Hart and Lisa Parks who were primarily responsible for the accreditation process. Mr. Hodge added that the Office must be re-accredited every three years. Sheriff Holt also handed out the Sheriffs Annual Report. IN RE: NEW BUSINESS April 25, 2000 193 - 1. I {eCltlest that 'IirClinia Deoðl1:l"eht orT'a""uullclliuu add lulu lI,e Secondarv Svstem a new portion of Route 1948 (Vallevpark Drive) and abandon that portion ofthe Route 1948 that no longer serves the public need. (Arnold Covev. Communitv Development Director) R-042500-1 Mr. Covey reported that this project would benefit economic development by the removal of the encumbrances on the Liberty Property Development Corporation property. The Virginia Department of Transportation is requesting that the new portion of Route 1948 (ValleyPark Drive) be added to the secondary system of state highways while existing portions of the same route be abandoned in order for the Commonwealth Transportation Board to update the mileage records. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 042500-1 TO REQUEST THAT THE VIRGINIA DEPARTMENT OF TRANSPORTATION ADD INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS A NEW PORTION OF ROUTE 1948AND ABANDON THAT PORTION OF ROUTE 1948VALLEYPARK DRIVE THAT NO LONGER SERVES THE PUBLIC NEED. WHEREAS, Route 1948 refer to an attached form SR-5(A), has been altered and a new road has been constructed, and WHEREAS, the Roanoke County has provided with a sketch, depicting the addition and abandonment required in the secondary system of state highways as a result of this project, which sketch is attached hereto and hereby incorporated herein by reference, and WHEREAS, the new road serves the same citizens as the portion of old road identified by the project sketch to be abandoned and that segment no longer serves a public need, and NOW, THEREFORE, BE IT RESOLVED, thatthis Board requests the Virginia Department of Transportation to add Route 1948 (ValleyPark Drive) shown shaded on the 194 April 25, 2000 "~""'II,"""~~""',"'I,,'y..y_I_"'Of_IAlhl.i~ ,""_y- r"",.~"II..;;~..rll" C...I. ..r.;'I/;";" and BE IT FURTHER RESOLVED that this Board abandon a portion of Route 1948 (ValleyPark Drive length 0.01 miles) as part of the secondary system of state highways that portion of road identified by the sketch to be abandoned, pursuant to §33.1- 155, Code of Virginia: BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: IN RE: Supervisor Johnson None Required Supervisors Johnson. Minnix. Church, Nickens. McNamara None None REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Nickens moved to approve the first readings and set the second readings and public hearings for May 23, 2000. The motion carried by the following recorded vote: AYES: NAYS: IN RE: Supervisors Johnson, Minnix, Church, Nickens, McNamara None 1, First readina of an ordinance to remove conditions and obtain a Special Use Permit for a reliaious assemblv master plan. located in the 4800 block of Cloverdale Road. Hollins Maaisterial District. upon the petition of Bonsack Baptist Church. First readina of an ordinance to obtain a Special Use Permit for a dav care center located at 1928 Loch Haven Drive. Catawba Magisterial District. upon the petition of Vallev Word Ministries. b FIRST READING OF ORDINANCES 1, First readina of ordinance to vacate a public 20 foot drainaae easement as recorded in Plat Book 22. Paae 172. located on Lots 9A and 10A of Wexford. Phase III. upon the petition of Wexford April 25, 2000 195 ur Ruallulo..",. I",... alld Jã",""ulI A""u",iate". LId. (A'lluld Cuv"'v. Communitv Development Director) Mr. Covey advised that Ron Jackson, President ofWexford of Roanoke, Inc., and Jackson Associates Ltd. of Virginia, owners of Lots 9A and 19A of the subdivision being constructed as Wexford, Phase III, have requested that the 20 foot drainage easement be vacated because the drainage easement is no longer needed and would be an encumbrance to the driveways and front yard for the residential owners of these lots. County staff has field inspected the subject easement and found that the vacation is acceptable. Supervisor McNamara moved to approve the first reading and set the second reading and public hearing for May 9, 2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None b First readina of ordinance authorizina the release of a restriction reauirina continuation of use of park area bv the communitv which was imposed on procertv conveved to the Church of God of Prophecv - "Old Catawba Recreation Center." (Paul Mahonev. Countv Attornev) This item was moved to the evening session as Item S-2. IN RE: APPOINTMENTS 1, Buildina Code Board of Adiustments and Appeals Supervisor Minnix asked that an expression of sympathy be sent to the family of the late Buford Butts. 196 April 25, 2000 ~'lpWI"I""I"I'~' 1'1"11"1""""lìl¡¡te,IFi.I..."II="-,,_I..__.,,-~,,.,ti'l_, F"", y~~' term which will expire on April 13, 2004. IN RE: CONSENT AGENDA R-042500-2. R-042500-2.b. R-042500- 2.e Supervisor Nickens moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 042500-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for April 25, 2000 designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Confirmation of committee appointments to the Roanoke Valley Greenway Commission and Total Action Against Poverty Board of Directors. 3. Resolution of Appreciation to Gary Everhardt, Blue Ridge Parkway Superintendent, upon his retirement. Request for acceptance of a $23,881 grant from the Department of Criminal Justice Services to continue bicycle patrols. 2. 5. Request from Schools for $315,000 appropriation to the Technology Grant Fund for Student Management Software Grant. Resolution in support of the Virginia Department of Transportation Road Project 0634-080-309, C-501 ,0-686, Hardy Road. 4. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None April 25, 2000 197 - RESOLUTION 042500-2.b OF APPRECIATION TO GARY EVERHARDT UPON HIS RETIREMENT AS SUPERINTENDENT OF THE BLUE RIDGE PARKWAY WHEREAS, Gary Everhardt became the fifth Superintendent of the Blue Ridge Parkway on October 23, 1977, bringing with him 20 years of professional experience with the National Park Service, including more than two years as Director of the National Park Service, Department of the Interior, and previous positions as Assistant Superintendent for Operations at Yellowstone National Park and Superintendent of the Grand Teton National Park in Wyoming; and WHEREAS, under Mr. Everhardt's leadership, the final section ofthe Parkway around Grandfather Mountain was completed, visitor traffic increased to more than 25 million public visits per year, and relationships with Parkway neighbors and other agencies were established or enhanced; and WHEREAS, Mr. Everhardt has received numerous awards including the Department of the Interior's Distinguished Service Award in 1985, and in 1990, the National Park Foundation honored him with the Cornelius Amory Pugsley Medal award; and WHEREAS, Mr. Everhardt has actively worked with the County of Roanoke in preserving the beauty of the Parkway and increasing tourism, including helping to facilitate critical Parkway viewshed designations and partnering with Roanoke County to complete the Roanoke River Parkway to Virginia's Explore Park; and WHEREAS, Mr. Everhardt has consistently supported and provided staff resources and expertise to Roanoke County in areas related to utility easements and crossings, and planning and construction of the Blue Ridge Parkway Interpretive Center. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to GARY EVERHARDT for his many years of service to the Blue Ridge Parkway and his assistance and support to the County of Roanoke during his tenure as Superintendent; and FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None RESOLUTION 042500-2.e REQUESTING APPROVAL AND SUPPORT OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S PROJECT (0634-080-309, C-501, D-686) HARDY ROAD (ROUTE 634) WHEREAS, the Virginia Department of Transportation held a location and design public hearing on March 23, 2000 for the purpose of soliciting public comments on the proposed improvements to Hardy Road (Route 634). WHEREAS, the Board of Supervisors does hereby approve and support the improvements as proposed to Hardy Road (Route 634) as outlined in Roanoke County's Six Year Construction Plan for Fiscal Years 2000 - 2006. NOW, therefore, BE IT RESOLVED, that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem, Residency Office by the Clerk to the Board of Supervisors. Recorded Vote 198 April 25, 2000 1....vA.1 F.y Seconded By: Yeas: Nays: Absent: ';",,_.,I~... 1.,I.mmA None Reauired Supervisors Johnson. Minnix. Church. Nickens. McNamara None None IN RE: REQUEST FOR WORK SESSIONS 1, Reauest for Joint Work Session with the Planning Commission on June ~ 2000 t2 discuss off-road areenway priorities. (Janet Scheid. Senior Planner) The work session was scheduled for June 13, 2000. b Reauest from Supervisor Johnson for Work Session with School Board t2 discuss various issues. Chairman McNamara advised that he will contact the School Board to schedule a meeting on May 2,2000, following the Construction Committee Meeting at 8:15 a.m. and asked the Board of Supervisors to submit their questions to him in advance. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1, John Boone. 3325 Farminaton Drive. advised that he understood that the regional stormwater management project at the new South County High School had been cancelled and asked why this decision was made. Mr. Hodge responded that the project was not cancelled but will be done separately so it will not hold up construction of the new school. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. April 25, 2000 199 1, 2.. ~ ~ ~ ~ L ~ ~ 1!L. 11.. IN RE: l;eFler61 ttlFlfl UFlSDDfOOliatÐd Dala"""" Capital Fund Unappropriated Balance Board Continaency Fund Future School Capital Reserve Accounts paid: March. 2000 Report Qf Claims Activity for the Self-Insurance Proaram Announcement from VDOT Qf additions and abandonments ÌQ the State Secondary System. Status Report on County projects Proclamations sianed Qï the Chairman Statement of Revenues and Expenditures as Qf March ~ 2000 Status Report on proposed amendments to the Sian Ordinance CLOSED MEETING At 3:50 p.m., Supervisor McNamara moved to go into closed meeting following the work sessions pursuant to Code of Virginia Section 2.1-344 A (5) discussion of a prospective business or industry where there has been no previous announcement; and Section 2.1.344 A (7) consultation with legal counsel concerning agreement with Constitutional Officer. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None IN RE: RECESS Chairman McNamara declared a recess from 3:50 p.m. until 4:00 p.m. IN RE: WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 200 April 25, 2000 : . ---. .1_11.... (II l".......I. A.I...i..i ,1...1.... ~ -. -----.1 2000 2001 budaet The work session was held from 4:00 p.m. until 5:45 p.m. and was presented by Mr. Hodge and Budget Manager Brent Robertson. Mr. Hodge presented the proposed budget. He reported that the general government revenues for Fiscal Year 2000-2001 were: (1) General Government - $111,369,511; (2) Schools - $103,247,046; and (3) Utility Fund - $29,351,356. The total County funds are $267,290,894 which is a 4% increase in revenues from fiscal year 1999- 2000. Mr. Hodge offered highlights of the proposed budget as follows: (1) an increase local contributions to schools of $2,855,926, which includes $1 ,500,000 for future operations of the new high school; (2) $96,800 for construction at Virginia Western Community College to be taken from year-end balances, which can be paid one-third over the next three years; (3) $652,000 for lease-purchase of 2 pumpers for Vinton and Hollins Fire Departments and 2 ladder trucks for Fort Lewis and Cave Spring Fire Departments; (4) $500,000 from the year-end balance to repair or rebuild the fire and rescue facilities with the greatest needs; (5) additional School Resource Officers through a grant application and transfer of positions from the Sheriff's Office to the Police Department; (6) $170,000 to cover increased solid waste tipping fees as a result of increased tonnage; (7) $260,000 for 12 beds at the Regional Detention Home; (8) Salary and benefit increases a 4% salary increase for County and School employees,$170,000 to offset higher health care rates; and $200,000 to correct market adjustments in the Police Department. There was discussion on the following issues: (1) Mr. Hodge advised that the $1.5 million for schools could be used to pay down the debt, borrow less for construction or set aside for operating expenses for the new April 25, 2000 201 - ""lluul::.. 3ufJ"" vi"ul Md~dlllèll èI èlud~d LhäL IL Guuld älso be useq to cover existing overages, but Supervisor Nickens felt it should be designated specifically for future operating expenses only. There was no Board consensus on this issue. (2) Police Chief Ray Lavinder explained that the grant funding for School Resource Officers is available only for new positions. There was Board consensus to apply for the grant for four new school resources officers. (3) Fire and Rescue Chief Rick Burch described the vehicles needed for the Fire and Rescue Department. Supervisor Johnson suggested that the County could borrow from itself to lease purchase the vehicles instead of going to the bank. Finance Director Diane Hyatt will bring back a recommendation on borrowing from the fund balance vs. borrowing from another source. (4) General Services Director Elaine Carver advised that she would like to purchase at least six refuse trucks now which would be paid off in four years, and buy one additional truck each year. It was the consensus of the Board to lease purchase the seven requested vehicles using the existing budget and maintenance savings. b Work Session on Water and Sewer Rate Study The work session was not held. It was the consensus of the Board to approve the staff recommendation to proceed with 6.6% average rate reduction, with the first reading of the ordinance scheduled for May 9, 2000. IN RE: CLOSED MEETING The Closed Meeting was held from 5:45 p.m. to 6:32 p.m. IN RE: R-042500-3 CERTIFICATION RESOLUTION 202 April 25, 2000 A.T'"lr"'.~"i',..\.k r.l.rJ_".~,~~.I";". II...IIII.!r.J.....lr.1....I;..w..~u held from 5:45 p.m. until 6:32 p.m. and moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 042500-3 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed 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 closed 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 closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: PROCLAMATIONS, RESOLUTIONS AND RECOGNITIONS 1, Resolution of Conaratulations !Q the William Bvrd Girls Varsity Volleyball Team for winnina the Group AA State Championship. R-042500-4 Chairman McNamara and Supervisor Nickens presented the resolution and certificates of recognition to the team members and coaches who were present. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara April 25, 2000 203 NAYS. Nul"" RESOLUTION 042500-4 OF CONGRATULATIONS TO WILLIAM BYRD HIGH SCHOOL GIRLS VOLLEYBALL TEAM FOR WINNING THE GROUP AA STATE VOLLEYBALL CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the William Byrd High School Girls Volleyball Team won the Group AA state volleyball championship this year, defeating Liberty and Chancellor, and winning both matches in two games; and WHEREAS, the Terriers won the first state volleyball championship in school history, finishing with a record of 24 and 3 and winning the Blue Ridge District and the Region III tournaments; and WHEREAS, the Terriers were led by nine seniors and demonstrated excellent team volleyball with every player contributing to the championship season; and a member of the team, Holly Holland was named Group AA Player of the Year; and WHEREAS, the Terriers are coached by Sharon Hensley, who was named Group AA Coach of the Year, and Assistant Coaches Randy Asbury and Allen Griffith; and Jayvee Coach Dana Stevens. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the members of the WILLIAM BYRD HIGH SCHOOL GIRLS VOLLEYBALL TEAM: Cameron Adams, Lindsey Adkins, Kim Andrews, Kelly Asbury, Darcy Belcher, Elizabeth Callahan, Dawn Chewning, Sarah Cunningham, Amanda Dore, Andrea Gay, Ashley Hartman, Holly Holland, Jennifer Schenz, Samantha Spradlin, and Amanda Stump for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None b Resolution of Conaratulations to Brad Araabriaht. William Byrd Hiah School. for winnina the Group AA State Wrestlina Championship. R-042500-5 Chairman McNamara and Supervisor Nickens presented the resolution to Brad Argabright. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: 204 April 25, 2000 Å. F=, "'I,-,.. ".._I..I..,_.,n.rll"..I. rl"lrr.h rdi.~~,,- r..l.rd~...~,~ ,- NAYS: None RESOLUTION 042500-5 OF CONGRATULATIONS TO BRAD ARGABRIGHT, FOR WINNING THE 103 POUND GROUP AA STATE WRESTLING CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, Brad Argabright, a student at William Byrd High School, had an outstanding season on the wrestling team with a record of 29 and 6, culminating in a state championship; and WHEREAS, Brad demonstrated his outstanding athletic ability and good sportsmanship throughout the season; and WHEREAS, Brad participated in many competitions, placing 41h at the Tiger Classic, 151 at the Bearcat Classic; 3rd at the Big Orange; and 2nd at the District tournament; and WHEREAS, Brad won the 103 pound State Group AA Wrestling Championship, and placed 1st in the regional and state tournaments without any points being scored against him. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to BRAD ARGABRIGHT for winning the 103 pound Group AA State Wrestling Championship; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to Brad Argabright in all of his future endeavors. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1, Second readina Q! an ordinance authorizing the approval Q! S! Special Use Permit for the Evanael Foursauare Church. for S! reliaious assembly use located ill 5188 Stable Road. Cave Sprina Maaisterial District. íImrï Harrington. County Planner) Chairman McNamara announced that the request for Special Use Permit had been withdrawn by the petitioner. b Second reading Q! S! resolution t2 abandon S! 30' Qy 118' April 25, 2000 205 preSCriPtive rlaht-of-waY located off of Laurel Glen Road (Route 884) approximately 250 feet from the intersection of Laurel Glen Road and Mountain View Drive in the Vinton Maaisterial District. upon the petition Qf Wolf Creek Inc. (Terrv Harrinaton. Countv Planner) 0-042500-6 Mr. Harrington reported that Roanoke County received a request from Wolf Creek Inc. to abandon a 30 foot by 118 foot prescriptive right-of-way adjacent to the Beech Cove section of the Wolf Creek Planned Residential Development, located off of Laurel Glen Road near the intersection of Mountain View Road. State Code requires the Board to give notice of its intention to abandon any such road to the Commonwealth Transportation Board. The Board authorized the notice on March 14,2000, the notice was posted for a 30 day period and the public hearing was advertised. Staff recommended that the Board adopt the resolution to abandon the right-of-way. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 042500-6 INDICATING THE ABANDONMENT OF A PORTION OF ROUTE 884 (OLD ROUTE 651) LAUREL GLEN WHEREAS, a public notice was posted as prescribed under Section 33.1- 151, Code of Virginia, announcing a public hearing to receive comments concerning abandoning the section of prescriptive right-of-way described below from the secondary system of state highways; and WHEREAS, on March 14,2000 the Board of Supervisors of Roanoke County approved an authorization to give notice to the Commonwealth Transportation Board of its intent to abandon the section of prescriptive right-of-way described below from the secondary system of state highways; and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of a 30 foot by 118 foot portion of the 206 April 25, 2000 I"-~' ,11,11_- ,191,1-..r ..~y k"".." ." Ft."I. !j./14 (§I.I R"III. n!\l) .,.."..".111 L...,t.::j approximately 250 feet from the intersection of Laurel Glen Road and Mountain View Road in the Vinton Magisterial District. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AS FOLLOWS: 1. That the Board of Supervisors of Roanoke County Virginia abandons the above described prescripti'te right-of-way, pursuant to Virginia Code Section 33.1-151 2. That a certified copy of this resolution be forwarded to the Salem District Resident Engineer of the Virginia Department of Transportation. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None c::- ~ Second readina of ordinance to amend the 1998 Community Plan and Land Use Map tQ adopt ~ new future land use map for Dixie Caverns (exit 132) and Hanaing Rock (exit 141) 1-81 interchanae areas. and the incorporation of development auidelines for these areas. (Janet Scheid Senior Planner) Ms. Scheid reported that as a result of increasing traffic along the Interstate corridor, the Virginia Department of Transportation has proposed improving the interstate. These proposed improvements include the enlargement of Exit 132 at Dixie Caverns and Exit 141 at Hanging Rock. The Board of Supervisors asked staff to analyze the potential land use impacts and opportunities that the road improvements might provide, and to determine suitable land uses within these interchange areas that could promote economic opportunities while limiting haphazard developments. Ms. Scheid advised that staff has held several community meetings in each of the project areas and the proposed Community Plan revisions reflect citizen input and staff analysis. These recommendations could be implemented as: (1) guidelines in the review of rezonings and special use permits; (2) requirements of a future interchange overlay district in the Zoning Ordinance; or (3) guidelines used in evaluating public-private April 25, 2000 207 ¡¡8FtAOFGRi(35 tØ ûElVûAÐ9 8ÐÐnoFfils 88'/818fi1FA8FH ¡m3 eme:. Mr. Mahoney àdvised that the ordinance was not included in the agenda packet for the Board to review and suggested holding the public hearing but waiting until the May 9 meeting for adoption.of the ordinance. Supervisor Johnson noted that one part of the egress is off a public road in an area designated as Neighborhood Conservation. Ms. Scheid responded that they recommend changing that area to Transition. Supervisor Nickens noted that part of the Glen Mary site is labeled Principal Industrial and he thought part of the site was Rural Preserve. Ms. Scheid explained that this was covered under the Planned Technology District. Supervisor Nickens asked the County Attorney if he should abstain because the College of Health Science property is located near the Dixie Caverns Interchange. Mr. Mahoney responded that it was not necessary because the action is of a general nature. However, Supervisor Nickens asked that the ordinance be divided so he may abstain from the Dixie Caverns interchange portion. Joe Miller, 2812 Lonaview Avenue. Roanoke, spoke on behalf of the Roanoke Regional Homebuilders. He advised they were in favor of the industrial designation for the Dixie Caverns interchange, but recommended that sorne area be reserved for residential so that people who work in the area could also live there. He also requested that design professionals be allowed to make the architectural guideline choices. Supervisor McNamara moved to continue the public hearing and second reading to May 9, 2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ~ Second readina .Qf an ordinance to vacate as public riaht-of-way ~ portion Qf Valleypark Drive. ~ portion of the 15 foot public utility 208 April 25, 2000 -~__..._..I ~".I " "...I1,.....r 11.- 1ft '....1 ..~I_. Ii..- ----~--...--..I --~ r=- recorded in Plat Book 11. Paae ~ new tracts m ~ 1.E. ~ 3B and ~ A m Valleypointe in the Hollins Maaisterial District and acceptance Qf !! proposed public right-of-way for Valleypark Drive and the 15 foot cublic utility easement m Valleypointe. (Arnold Covev. Community Development Director) 0-042500-7 There were no changes and no discussion of this ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 042500-7 TO VACATE AS PUBLIC RIGHT-OF-WAY A PORTION OFVALLEYPARK DRIVE AND TO VACATE PORTIONS OF A 15' PUBLIC UTILITY EASEMENT AND A 20' WATERLINE EASEMENT ACROSS PROPERTY OF LIBERTY PROPERTY LIMITED PARTNERSHIP (TAX MAP NOS. 37.07-1-16 AND 37.07-1-16.1) AND PROPERTY OF DOMET PROPERTIES, LLC (TAX MAP NO. 37.07-1-16.2) AT VALLEY PARK CENTER, VALLEYPOINTE, DEDICATED IN PLAT BOOK 12, PAGE 33, (RESUBDIVIDED IN PLAT BOOK 16, PAGE 56; PLAT BOOK 18, PAGE 97; AND PLAT BOOK 19, PAGE 40), LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by plat entitled 'PLAT SHOWING NEW TRACTS 10, 1 E, 1 F, 3A, 3B, & 4A BEING A RESUBDIVISION OF ORIGINAL TRACTS 3 & 4 (P.B. 10, PG. 149) AND REMAINING PORTION OF TRACT 1A1 (P.B. 11, PG. 184),' dated September 12, 1989, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 12, page 33, Valleypark Drive was dedicated as public right-of-way; and, WHEREAS, by said plat a fifteen-foot (15') public utility easement adjacent to the cul-de-sac of Valley park Drive was dedicated on New Tract 3A (Tax Map No. 37.07- 1-16.2), property of Domet Properties, LLC, and on New Tract 3B (Tax Map No. 37.07-1- 16.1) and the remainderofTract 3 (now Tract 3D-1A; Tax Map No. 37.07-1-16), properties of Liberty Property Limited Partnership, said easement being designated on said plat as "NEW 15' P.U.E."; and, WHEREAS, by said plat a twenty-foot (20') waterline easement perpendicular to the cul-de-sac was dedicated on New Tract 3B (Tax Map No. 37.07-1-16.1) and the remainder of Tract 3 (now Tract 3D-1A; Tax Map No. 37.07-1-16), properties of Liberty Property Limited Partnership, said easement being designated on said plat as "NEW 20' WATER LINE EASEMENT"; and, - April 25, 2000 209 WH~H~/\t), VBIICY 9Sfl( LJrí.c and the 13' public. utility "'d""'"It::lt dllJ 20' waterline easement are further shown on a series of resubdivision plats recorded in the aforesaid Clerk's Office in Plat Book 16, page 56, in Plat Book 18, page 97, and in Plat Book 19, page 40; and, . WHEREAS, the Petitioner, Liberty Property Limited Partnership, has requested that, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended), portions of Valleypark Drive and portions of the 15' public utility easement and 20' waterline easement be vacated, in exchange for dedication of an alternative Valleypark Drive, which would serve the same properties as the portion to be vacated, and for dedication of an alternative new 15' public utility easement adjacent to the new section of Valleypark Drive and of an alternative new portion of 20' waterline easement; and, WHEREAS, there being no objection raised by the appropriate public utility companies entitled to use the subject public utility easement and there being no public utility company or county facilities located within the subject easements; and, WHEREAS, the Virginia Department ofTransportation has approved the relocation of Valleypark Drive; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading ofthis ordinance was held on April 11, 2000, and the public hearing and second reading of this ordinance was held on April 25, 2000. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 . That the portion of Valleypark Drive designated and shown as "PORTION OF V ALLEYPARK DRIVE TO BE VACATED" on Exhibit A attached hereto, said right-of-way having been dedicated on 'PLAT SHOWING NEW TRACTS 1 0, 1 E, 1 F, 3A, 3B, & 4A BEING A RESUBDIVISION OF ORIGINAL TRACTS 3 & 4 (P.B. 10, PG. 149) AND REMAINING PORTION OF TRACT 1A1 (P.B. 11, PG. 184), dated September 12, 1989, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 12, page 33, and further shown on resubdivision plats recorded in Plat Book 16, page 56, Plat Book 18, page 97, and Plat Book 19, page 40, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein and the following: 2. That the portion of the 15' public utility easement adjacent to Valleypark Drive being designated and shown as "PORTION OF EX. 15' P.U.E. TO BE VACATED" on Exhibit A attached hereto, said easement having been dedicated on above- described 'PLAT SHOWING NEW TRACTS 10, 1E, 1F, 3A, 3B, &4A...', dated September 12, 1989, and recorded in the aforesaid Clerk's Office in Plat Book 12, page 33, and further shown on resubdivision plats recorded in Plat Book 16, page 56, Plat Book 18, page 97, and Plat Book 19, page 40, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 3. That the portion of the 20' water line easement, lying perpendicular to the Valleypark Drive cul-de-sac, being designated and shown as "EX. 20' WATERLINE EASEMENT TO BE VACATED" on Exhibit A attached hereto, said easement having been dedicated on the above-described 'PLAT SHOWING NEW TRACTS 10, 1 E, 1 F, 3A, 3B, & 4A ...', dated September 12,1989, and recorded in the aforesaid Clerk's Office in Plat Book 12, page 33, and further shown on resubdivision plats recorded in Plat Book 16, page 56, Plat Book 18, page 97, and Plat Book 19, page 40, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code 210 April 25, 2000 ~1.¡,...;,,;~.l!JMj ~u~".':'..d.:.,j. ~LlQji!.;tt:,tI.~ùù",n~"..~~"tJ.lI.ú,jI.':'.~".. 4. That, in exchange, acquisition and acceptance of an alternative location for Valleypark Drive, which shall serve the same properties as the portion to be vacated, and of an alternative new 15' public utility easement adjacent to the new section of Valleypark Drive and of an alternative new portion of 20' waterline easement, be and hereby is authorized and approved, as shown on Exhibit B attached hereto, subject to final approval by the Roanoke COUJ:1ty Subdivision Agent. 5. That, as a condition to the adoption of this ordinance, the portion of Valleypark Drive to be vacated hereby shall also be abandoned as part of the secondary system of state highways, and the alternative section of Valley park Drive shall be accepted into the secondary system of state highways, by separate procedure and action in accordance with §33.1-155 of the Code of Virginia (1950, as amended). 6. That fee simple title to the vacated portions of Valleypark Drive shall vest in the owners of the abutting lots or parcels as provided in § 15.2-2274 of the Code of Virginia (1950, as amended), subject to the condition that the vacated areas of land shall be added and combined by plat with said abutting properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. 7. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 8. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 9. 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 § 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None Q., Second readina Qf an ordinance t2 vacate ~ sanitarv sewer easement on lots 15A and 22A in Golden View Acres g! the reQuest 2f Phyllis Holton and John Corliss. .Œ!mY Harrinaton. County Planner) 0-042500-8 There were no changes and no discussion of this ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: April 25, 2000 211 AYCO. t;UI'(;f'¡¡13er3 JeAFl3eFl, MiFiFlix, Cntlrel" r~iekel,5, M(,Nðlllðlð NAYS: None ORDINANCE 042500-8 VACATING AN EXISTING 15-FOOT SANITARY SEWER EASEMENT ON LOT 15A (TAX MAP NO. 40.17-3-12), OWNED BY PHYLLIS ANNE HOLTON, AND LOT 22A (TAX MAP NO. 40.14-1-61), OWNED BY CORLISS CONSTRUCTION INCORPORATED, AS SHOWN ON RESUBDIVISION PLAT OF LOTS 14, 15 & 22, "GOLDEN VIEW ACRES," RECORDED IN PLAT BOOK 18, PAGE 170, AND CREATED ON SUBDIVISION PLAT OF GOLDEN VIEW ACRES, PLAT BOOK 11, PAGE 142, AND LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled 'PLAT OF SURVEY SHOWING ... GOLDEN VIEW ACRES", dated November 20,1988, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 11, page 142, a fifteen-foot (15') sanitary sewer easement was dedicated to the public and shown on Lots 14, 15, and 22; and, WHEREAS, Lots 14, 15, and 22 were subsequently resubdivided into Lot 15A and Lot 22A by plat entitled 'Plat of Survey Showing THE RE-SUBDIVISION OF LOTS 14, 15 & 22 "GOLDEN VIEW ACRES" for Phyllis Anne Holton', dated March 4, 1996, and of record in the aforesaid Clerk's Office in Plat Book 18, page 170; and, WHEREAS, the Petitioner Phyllis A. Holton is the current owner of Lot 15A, Golden View Acres, (Tax Map No. 40.17-3-12) and the Petitioner Corliss Construction Incorporated is the current owner of Lot 22A, Golden View Acres, (Tax Map No. 40.14-1- 61); and, WHEREAS, the Petitioners have requested that, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate the existing 15' sanitary sewer easement extending approximately ninety feet (90') across Lots 15A and 22A, shown cross-hatched on the above-referenced re- subdivision plat recorded in Plat Book 18, page 170; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection, there being no County facilities located or proposed to be located within the subject easement; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on April 11 , 2000; the public hearing and second reading of this ordinance was held on April 25, 2000. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the 15' sanitary sewer easement, extending approximately 90' in length across Lot 15A and Lot 22A in Golden View Acres Subdivision, being designated and shown as "15' S.S. EASEMENT TO BE VACATED" on Exhibit A attached hereto and further shown cross-hatched on the resubdivision plat recorded in Plat Book 18, page 170, said easement having been dedicated to the public by subdivision plat entitled 'PLAT OF SURVEY SHOWING ... GOLDEN VIEW ACRES", dated November 20, 1988, and recorded in the aforesaid Clerk's Office in Plat Book 11, page 142, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the 212 April 25, 2000 :~,i,i..,,~,~ 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, 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 ofthe Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None INRE: SECOND READING OF ORDINANCES 1, Second readina of an ordinance amendina and reenactina the zonina ordinance of Roanoke County. Virainia Qï the addition of standards for cluster subdivisions. upon the petition of the Roanoke County Plannina Commission. @r!y Harrinaton. County Planner) CONTINUED FROM FEBRUARY ~ 2000 AND MARCH ~ 2000 0-042500-9 Mr. Harrington reported that over the past several months the proposed ordinance has been amended to address specific concerns of the Board. At a January 11 Work Session, the Board of Supervisors requested that the ordinance be amended to require that any requested waiver from the standards be reviewed and approved or denied by the Board, instead of by the Planning Commission. The Board also requested a reduction in the allowable density permitted in the cluster option, and the ordinance has been amended from an allowable density of 8 units per acre to 5.5 units per acre. The following citizens spoke on the proposed ordinance: 1. Robert Eabert. 3571 Bradshaw Road. Salem. a member of the Sierra April 25, 2000 213 . lULl, "1J"~1i Ifl 1;61[01[01911 ~I LIlli gn¡IRaRQQ BQGQUSe It OAOOUra§cs I9rÐScrvatJ6f1 ana conservation of our natural resources. b Joe Miller. 2812 Lonaview Drive. Roanoke, representing the Roanoke Regional Homebuilders asked .that the County revisit the ordinance in 12 months to see how it was being used. ~ Annie Krochalis. 9428 Patterson Drive. Bent Mountain, explained that she thought the proposal was a good concept, but questioned whether the 30-50% left will only be land that could not be developed, and asked whether the ordinance promoted green space. Supervisor McNamara pointed out that the ordinance only allows cluster housing in areas served by water and sewer and excludes all platted subdivisions. Supervisor McNamara also asked that a work session be scheduled in fifteen months to review the results of the ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 042500-9 AMENDING AND REENACTING THE ZONING ORDINANCE OF THE COUNTY OF ROANOKE VIRGINIA BY THE ADDITION OF STANDARDS FOR THE DESIGN AND DEVELOPMENT OF CLUSTER SUBDIVISIONS WHEREAS, certain innovative housing provisions will allow landowners to develop their property using "clustering" techniques, thereby preserving open space without increasing gross allowable density of the property available for development; and, 214 April 25, 2000 .ullf"~rA~ 1".l.lil:. . ..;1, .........il:.... 1/""",.:.I...:.ltal".<1l.a<;¡ODJZ:OIIII,CI practice support an amendment to the Zoning Ordinance of the County of Roanoke to provide for clustering opportunities; and, WHEREAS, the' Planning Commission held a public hearing on this amendment on September 7, 1999 and on February 1,2000; and, WHEREAS, the Planning Commission recommended its approval of this amendment to the Zoning Ordinance of the County of Roanoke to provide for standards for the design and development of Cluster Subdivisions; and, WHEREAS, public notice and advertisement of this amendment has been provided as required by Section 15.2-2204 of the Code of Virginia, and the Roanoke County Code; and, WHEREAS, the first reading of this ordinance was held on September 28, 1999, and the second readings and public hearings were held on October 26, 1999, November 23,1999, and February 29,2000. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Zoning Ordinance of the County of Roanoke is hereby amended and reenacted to provide as follows: I. FOLLOWS: ARTICLE II DEFINITIONS AND USE TYPES IS HEREBY AMENDED AS SEC 30-28 DEFINITIONS. DELETE: April 25, 2000 215 Cluster. A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally-sensitive areas. ADD: Cluster Subdivision: An alternative means of subdividing land that concentrates building density in specific areas to allow the remaining land to be reserved for the preservation of environmentally-sensitive features and open space. Conservation Areas, Primary: Areas within the 1 OO-year floodplain, slopes greater than 25%, lands within designated view sheds and designated ridgetop preservation areas identified and mapped in the 1998 Community Plan, greenway corridors shown on the Greenway Conceptual Plan and elevations 1500 feet or greater above mean sea level. Conservation Areas, Secondary: Areas with slopes between 15% and 25%, healthy woodlands, locations of species listed as endangered, threatened or of special concern, historic structures and sites, riparian zones outside the FEMA study area and productive agricultural and forested lands. Lot, Conservation: A lot that has been dedicated to a land trust, homeowners, condominium, or similar association, government agency or other entity through an easement or other transfer of ownership, and set aside in perpetuity as open space in a cluster subdivision. Property Resource Map: A map utilized in the cluster subdivision process that depicts the Primary and Secondary Conservation Areas of the subject property. 216 April 25, 2000 II. ARTICLE III DISTRICT REGULATIONS IS HEREBY AMENDED BY THE ADDITION OF THE FOLLOWING PERMITTED USES: SEC. 30-41- 2 (A) PERMITTED USES 1. Residential Uses Single Family Dwelling, Attached and Detached (Cluster Subdivision Option .*) SEC 30-42-2 PERMITTED USES. (A) 1. Residential Uses Single Family Dwelling, Attached and Detached (Cluster Subdivision Option -*) SEC 30-45-2 PERMITTED USES. (A) 1. Residential Uses April 25, 2000 217 5111yl~ FClillily DwdliIlY, AltClGh~d ¡:HId [)~läched (Cluster 5UDOIvision Option -*) SEC 30-46-2 PERMITTED' USES. (A) 1. Residential Uses Single Family Dwelling, Attached and Detached (Cluster Subdivision Option -*) III. ARTICLE IV USE AND DESIGN STANDARDS IS HEREBY AMENDED BY THE ADDITION OF THE FOLLOWING USE AND DESIGN STANDARDS FOR CLUSTER SUBDIVISIONS. Sec. 30-82-13.1 Single Family Dwelling, Subdivision Option) Attached and Detached (Cluster (A) Intent 1. Establish a method for Roanoke County to protect vital natural and historic resources from development and permanent loss. 2. Prevent the destruction of valuable view sheds, ridgetops and wildlife 218 April 25, 2000 ",..;.1..". I.., 1...li"V 1.,,1 ""I 11.,,11....,1 I.. II.~ 1'\1,,- Ri,I\j- PO>",,".,,! ~...I Appalachian Trail, and other resources identified in the 1998 Community Plan. 3. Reserve, enhance, and add to the existing and proposed greenway system throughout the County, as identified in the 1998 Community Plan. 4. Provide the citizens of Roanoke County additional open space and recreation areas. 5. Encourage the design of creative, innovative developments that utilize the land's natural resources and features and incorporates them into functional preservation and development plans. 6. Offer an alternative to conventional subdivision development by allowing for compact clusters of housing units rather than spaced lots that encompass the entire property. (B) Applicability 1. Cluster subdivisions proposed in accordance with the standards contained herein shall be a permitted use by-right in R-1, R-2, R-3 and R-4 zoning districts, except that cluster subdivisions shall not be permitted within Planned Residential Subdivisions as defined in Section 30-28 of the Roanoke County Zoning Ordinance. April 25, 2000 219 2. 1 19<: L6F1IA§ /',affiIFlI5tret6r 819611 I96vc tl9c ffi3 :J6F13Ielllt) feF aeterFAIAIFI§ compliance with these standards. Proposals for cluster subdivisions that, in the opinion of the Zoning Administrator, do not meet one or more of the standards contained herein shall not be permitted by-right. Any such proposal shall be considered a special use and shall require a special use permit pursuant to Section 30-19 of this ordinance. As part of the review of any special use permit application for a cluster subdivision, the Planning Commission may recommend, and the Board of Supervisors may approve, but shall not be obligated to approve, a waiver to any cluster subdivision standard contained in Section 30-82-13.1, (C) through 30-82-13.1, (H), inclusive. (C) General Standards 1. Minimum tract size of the cluster subdivision: Three (3) acres. 2. Public water and public sewer shall be provided to each lot within the proposed subdivision. 3. Property shall be excluded from the cluster subdivision option where, in the opinion of the Zoning Administrator, previous land disturbing activities have significantly altered a Primary or Secondary Conservation Area, to the extent that important features worthy of conservation have been destroyed or severely modified. 220 April 25, 2000 4 AII......I,I,.d......L 1;.u.)l.jz,I.é.I..:.1I lu.t.1 ¡h.ölllJ,\junlt&eSrssrs. (D) Minimum Lot, Setback and Frontage Requirements 1. There shall be no minimum lot area or setback requirements, however, the normal front, rear, and side yard setback requirements must be maintained adjacent to any lot or existing public street right of way not within the proposed cluster development. 2. Minimum public street frontage: Forty eight (48) feet on a publicly owned and maintained street except as modified by Section 30-82-13.1 (F) (E) Open Space Requirements 1. Minimum Open Space: Thirty-five (35) percent of the gross acreage of the tract. If the site contains Primary and Secondary Conservation Areas in excess of 35 percent, all Primary and Secondary Conservation Areas shall be preserved up to a required maximum of 50 percent of the tract. The applicant shall have the right to provide conservation areas in excess of those required. 2. When Primary and Secondary Conservation Areas exceed 50 percent of the tract, then Primary Conservation Areas shall be given priority in reaching the April 25, 2000 221 50 percent maximum open space. 3. 4. 5. At least 40 percent of all lots for residential use shall have a property line directly abutting the open space area within the cluster development, or have direct access to a developed trail providing access to the open space. The location of any such trail shall be clearly marked, and the trail shall be constructed of a surface material that is appropriate to the terrain, and distinguishable to the user. Ownership and maintenance of open space shall be one of the following: a. Common land owned in perpetuity by the owners of lots in the development, through a homeowners, condominium or similar association. Provisions for the maintenance of the open space in perpetuity shall be approved by the Zoning Administrator in conjunction with plat approval. b. Dedication of the land in perpetuity to a nonprofit organization or land trust through a conservation easement or fee simple conveyance. c. Public land after dedication to, acceptance and maintenance by the Roanoke County Board of Supervisors or other governmental entity for recreational, conservation, historic or other open space purposes. Conservation lots may be created in compliance with the terms of this 222 April 25, 2000 "1'1;"-",__",III._~.._"..k~î....",lyf'.I,I..I:.:,:..".".I:"..,,... ....I..;lI.~lê."J..... the frontage, width, area, and other design standards for lots found in Article III of this ordinance. Any such lot proposed for platting shall be clearly designated on a stJbdivision plat reviewed and approved by Roanoke County. This plat shall contain notations and covenants that clearly forbid, in perpetuity, the use of the conservation lot for any type of residential dwelling, or other use or structure as prohibited by these provisions. 6. If required open space is located within a mapped greenway corridor, as depicted on the Greenway Conceptual Plan at the time of submittal of the preliminary plat, then a greenway easement shall be dedicated to Roanoke County or their designated agent. The Zoning Administrator, in consultation with the Roanoke Valley Greenway Commission, shall determine the exact location and dimensions of the easement to be dedicated. 7. No building, building addition, structure, street, driveway, parking area or any other type of physical land improvement shall be located within a required Primary or Secondary Conservation area. Notwithstanding the above, trails may be developed in Primary and Secondary Conservation areas. (F) Street and Access Requirements 1. All residential lots within a cluster subdivision shall have frontage on and access to a publicly dedicated and maintained street except as provided in this section. April 25, 2000 223 2. Lul::; wil"ill é:I du:st~1 :subdivision shall nOt be requlrea to nave Trontage on a publicly dedicated and maintained street provided: a. No dwelling unit shall be located further than 500 feet, as measured in a straight line, from an access point to a publicly dedicated and maintained street that the dwelling unit has direct access to, and b. Lots without public street frontage shall be planned and arranged into distinct residential clusters of three (3) or more dwelling units served by a common private street, and c. No more than twenty (20) dwelling units shall be allowed on any single private street or independent network of private streets. 3. Maintenance of private streets shall be the responsibility of the homeowners association. Subdivision plat covenants shall provide that all maintenance of private streets including snow removal, is not a public responsibility. Covenants shall further certify that the private street shall not be eligible for acceptance into the State Secondary System for maintenance until such time as it is constructed and otherwise complies with all requirements of the Virginia Department of Transportation for the addition of subdivision streets current at the time of such request. Any costs required to cause private streets to become eligible for addition into the state system shall be provided with funds other than those administered by Roanoke County or the Virginia Department of Transportation. 224 April 25, 2000 '+ ...........""""",..r~.~ T1.~".Î..i""I"1 ......,,1 ....f....~u':'I.':'IIt;':"::':'..l.alt. ..1!6mSI!! materials such as concrete, structural pavers, or cobblestone may be substituted provided the proposed surface will support the expected loads. Calculations andlor manufacturers specifications shall be required at submittal. Gravel is not an acceptable surface course. 5. Base Course: six (6) inches minimum depth. For streets to be served by school buses, eight (8) inches minimum depth. These depths are for sub-bases with a CBR value of 10 or higher. 6. Private streets shall be designed to accommodate the provision of regular public services. Specifically: a. Vehicle turn arounds shall be included. The turn around may be a cul-de-sac or T-turn around. b. A representative of the Roanoke County School Board shall review the design, and location of all proposed private streets, and shall advise the applicant whether or not the proposed private streets meet the standards for school bus service. If the proposed design does not meet standards for school bus service, the final subdivision plat shall contain a notation that the proposed private streets do not meet the standards for public school bus services and that the Roanoke County School Board shall not be obligated to provide service on the private streets. April 25, 2000 225 \". Th.. ¡¡lid! "ubdivi"iull fJldl "!Idll <,;ullté:lililhe lIutatlon thaI Ihe proposed privale streets do not meet the standards for public solid waste collection and that Roanoke County shall not provide solid waste collection on private streets. The applicant shall have the responsibility for addressing the collection of solid waste on private streets. A representative of the Roanoke County Department of General Services shall review proposals for solid waste collection on private streets, prior to plat approval. 7. Vehicular Access: Private streets shall be platted as a separate parcel of land dedicated to the homeowners' association. Private right of ways shall be of sufficient width to encompass all drainage structures for the street and to allow maintenance of the street. On street parking shall be prohibited on at least one side of the street, to ensure adequate space for public service vehicles. 8. Drainage: Drainage design shall meet all existing Virginia Department of Transportation and County of Roanoke standards, as amended. Drainage easements shall be platted to the homeowners' association for maintenance. 9. Signage: a. All traffic control and warning signs on private streets shall be the responsibility of the developerlhomeowners' association, and b. All access points from the public street to the private street shall be clearly marked with a sign stating that the street is private. 226 April 25, 2000 I';. t'n",1{8 ätr88t 1.I1!!iI!:JII: I till I~II~"'II !:J ¡¡II! II!¡'¡¡'¡UI!Y YI!!iI!:JII lil¡¡IIY¡¡ 1.J1š I~I JII"¡¡L¡;: streets. PROJECT MINIMUM MAXIMUM MINIMUM MINIMUM ED AND GRADE b SIGHT SHOULDER MAXIMUM WIDTH TRAFFIC DISTANCE C PAVEMENT (VEHICLE WIDTH a S PER DAY) 30-40 14' 18% 50' 2' VPD 41-80 16' 18% 70' 3' VPD 81-100 18' 18% 90' 4' VPD 101-200 20' 16% 100' 4' VPD a. Pavement width is based upon a shoulder and ditch section. One-way streets shall be a minimum of twelve (12) feet wide. b. Maximum grade: streets shall not exceed 300 feet in length for grades greater than or equal to 16%. Maximum grade at all landings shall not exceed 5%. Length of the landing, in feet, shall be based on the April 25, 2000 227 follo..iIl9 fu,"u:Jlã. ""Iidt::" f./t::1 di:lY X .5 fbet. c. Sight distance refers to stopping distance only. Sight distance at the intersection of two private streets shall meet a design speed of 25 mph. Sight distance at the intersection of a private street and a public street shall meet VDOT commercial entrance requirements. (G) Public Water and Sanitary Sewer 1. Public water and sewer shall conform with Roanoke County Water and Sewer Standards, latest edition, with the following exceptions: a. For homes located within the minimum required distance to a fire hydrant, the following shall apply: 1. The homes may be served by private laterals, provided: a. Water meters and sewer cleanouts shall be located near the public street right of way, and, b.. A maximum of six meters or cleanouts shall be located side by side. b. For homes on private streets requiring the extension of public water and sewer services, the following shall apply: 228 April 25, 2000 A....llhill..d....I.,.....I",..d........."I..r..",;";""..,,..;.JLI, of 25 feet shall be allowed, provided the depth is not excessive. 2. If the street pavement surface is an alternative to asphalt, the Director of Utilities must approve, in writing, the location of the services within the paved area. 3. The water and sewer easement(s) shall be separate from any Public Utility Easement. (H) Cluster Development Process 1. The applicant shall meet with the Zoning Administrator or hislher designee to review the requirements for a cluster subdivision prior to the preparation of the preliminary plat. A site visit shall be arranged to review the site and identify approximate locations of Primary and Secondary Conservation Areas. The applicant shall then have drawn, preferably by a licensed engineerlsurveyor, architect or landscape architect, a Property Resource Map. At a minimum this map shall include the following: a. Total acreage and acreage of each Primary and Secondary Conservation area and other open space areas b. Percent slope, in the following increments: <15%, 15-25%, >25% April 25, 2000 229 v. FluuJ ..lId;,,::', vvtiIiClIIJ», GIld 1; ..IèU;ClII LUJIt;¡:; out:;lde the I"E:MA study concern j. 2. area d. Historic structures and sites e. Designated view sheds and ridgetop preservation areas identified and mapped in the 1998 Community Plan f. Greenway corridors mapped on the Greenway Conceptual Plan g. Elevations 1500 feet or greater above mean sea level h. Healthy woodlands I. Location of species listed as endangered, threatened, or of special Productive agricultural and forested lands The applicant shall submit a preliminary plat in accordance with Article II of the Roanoke County Subdivision Regulations. The following additional items shall be required to accompany the preliminary plat: a. All Primary and Secondary Conservation Areas and other required open space areas to be designated as permanent open space, shall 230 April 25, 2000 " ",upl'lJd........"n,...I;.."I..L..~".j"..L...j.."tI.':";'lat b. All deed restrictions and covenants applicable to private streets, public services, open space, and cluster subdivision lots. c. The location of all building lots to be conveyed. 3. Once approval for the preliminary plat has been given, the applicant shall submit the final plat in accordance with Article III of the Roanoke County Subdivision Regulations. 2. That this ordinance shall be in full force and effect from and after May 1, 2000 On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None IN RE: FIRST READING AND PUBLIC HEARINGS 1, First readina of ordinance authorizina the release of a restriction reauirina continuation Qf use Qf park area Qï the community which was imposed on property conveved to the Church Qf God of Prophecy: "Old Catawba Recreation Center." (Paul Mahoney. County Attornev) Mr. Mahoney reported that in 1986, Roanoke County received an offer from April 25, 2000 231 LIlli' rJl.ln;;rJ 91 ...gg 91 þ'r9¡m8GY Ie 3I; F8Aûse me elEi vata"bll RðGléðliuII Célllél I'ouillill\,j on Route 698 and containing 2.8 acres. The congregation wanted to make repairs to the building and use it as a church. The offer included a desire to allow the community to continue to use the park area, and a restriction was placed in the deed reserving the right to continue to use the park area for recreational purposes. The church now desires to expand their building and build a parsonage which will expand into the park area. They are requesting that the County remove this restriction from their property. Mr. Mahoney advised that they put a sign on the property to see if there was any interest in the community to use the park area. Reverend Anders was present to answer any questions and advised that the playground is in very poor condition. He also reported that the playground equipment is all over the park area and it might be possible to move it all to one small area. He also pointed out that the Catawba Recreation Center was only one mile away. Supervisors Johnson and Nickens suggested that it may be possible to set a small area aside for recreational purposes and still expand the church. Supervisor Church asked Parks and Recreation Director Pete Haislip to check the property to see to see if there is any available land that could be used for recreational purposes but still have enough property to expand the church. Supervisor Church moved to approve the first reading and set the second reading for May 9, 2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None IN RE: CITIZENS COMMENTS AND COMMUNICATIONS 1, Eldon Karr. 8011 Poor Mountain Road. Bent Mountain. spoke in 232 April 25, 2000 "'1'1",.1 "I ".""."L"w ""J '::X ;><JI tllI.¡¡ 1I.r. IS')III r.lcul.lal" Lit>.<Jr. 1:)8CaUSe;1 me In¡;rease in circulation and overcrowded facilities, and expressed concern about the possibility of dangerous or unsafe conditions. He asked that this be moved up in priority in the Capital Improvement Plan. Supervisor Nickens asked that the fire and rescue staff, library director and risk management manager investigate any potential safety hazards as outlined by Mr. Karr. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: (1) He announced that the Cave Spring High School Swim Team won the state championship and asked Clerk Mary Allen to schedule recognition of the team. (2) He thanked John Chambliss for the invitation to the Juvenile Detention Center Open House on May 12 and invited the public to attend. (3) He offered prayers and best wishes for City Council member Jim Trout who is hospitalized. Supervisor Church: (2) He advised that he had been meeting with various groups in the Catawba District to find out what issues are important to them. He plans to continue this type of meeting in his district. (2) He reported that citizens 65 and over can only get tax relief if their adjusted gross income is over $35,000 which he felt was too low. He suggested that the citizens who are interested in changing the amount to $50,000 contact him to set up lobbying efforts in the General Assembly. Supervisor Nickens: He announced that on April 26, 2000 at 10:00 a.m. there will be a ground breaking ceremony at the Blue Ridge Interpretive Center at the terminus of the Blue Ridge Parkway. Supervisor McNamara: He announced that the Board held a work session to discuss the proposed budget and are getting closer to a budget that meets the County's needs. April 25, 2000 233 = IN RE: ADJOURNMENT At 8:55 p.m. Chairman McNamara moved to adjourn the meeting to a joint meeting with the School Board- on May 2, 2000 at the School Board offices following the 8: 15 a.m. Construction Committee Meeting. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None Submitted by, Approved by, ---rn ~ y..). 0 J tJ. ;0...- Mary H. Allen, CMC Clerk to the Board ~ eph P. McNamara hairman 234 April 25, 2000 F= This page left blank intentionally.