HomeMy WebLinkAbout6/27/2000 - Regular
June 27, 2000
377
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
June 27, 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 June, 2000.
IN RE:
CALL TO ORDER
Chairman McNamara called the meeting to order at 3:02 p.m. The roll call
was taken.
MEMBERS PRESENT:
Vice Chairman H. Odell "Fuzzy" Minnix, Supervisors Joseph B.
"Butch" Church, Bob L. Johnson, Harry C. Nickens (Arrived
3:05 p.m.)
MEMBERS ABSENT:
STAFF PRESENT:
Chairman Joseph McNamara
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk to the Board; John M.
Chambliss, Assistant County Administrator; Dan O'Donnell,
Assistant County Administrator; Jill B. Barr, 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.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
378
June 27, 2000
Mr. Hodge added a work session on the two petitions requested by citizens
in the Clearbrook area following the afternoon session. Mr. Hodge also added an item to
the closed meeting pursuant to Section 2.1-344 A (3) acquisition of real estate for public
purposes.
IN RE:
BRIEFINGS
Mr. Hodge introduced Jill Barr, the new Director of Community Relations.
IN RE:
NEW BUSINESS
1."
Reauest for approval of issuance of UP to $6.500.000 in industrial
revenue bonds bv the Industrial Development Authoritv for the
benefit of Friendship Manor.
Development Director)
(David Porter. Economic
R-062700-1
Mr. Porter reported that Friendship Manor is requesting bonds in an amount
up to $6,500,000 which includes $4,200,000 for use in financing renovations, improvements
and equipment, and $2,300,000 which will be used to refund a prior 1979 bond issue of the
Industrial Development Authority. Under a 1987 agreement, tax exempt Friendship Manor
Apartment Village Corporation pays Roanoke County an annual fee which constitutes 20%
of the real property taxes. Friendship Manor, Inc. pays 100% real property tax on buildings
and improvement and 100% personal property tax. This will amount to $122,000, of which
$40,680 is new, based on taxable value of the facility's improved real property, and $33,719
in personal property tax of which $21,000 is new. This represents $61,680 in new taxes
when improvements are completed.
Calvin Lilly, Chief Financial Officer for Friendship Manor, was present and
June 27,2000
379
advised that the new facility will be taxed 100%, and that there will be no new beds at this
time, only renovations to the building built in 1974. The new beds will be constructed at a
later date. In response to a question from Supervisor Nickens concerning differing
amounts on the impact statement ($122,700) and the Board Report ($61,680), Mr. Porter
explained that the $61,680 figure represents just the new taxes.
Supervisor Johnson moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
ABSENT:
Supervisor McNamara
RESOLUTION 062700-1 AUTHORIZING ISSUANCE OF UP TO $6,500,000
IN INDUSTRIAL REVENUE BONDS BY THE INDUSTRIAL
DEVELOPMENT AUTHORITY FOR THE BENEFIT OF FRIENDSHIP
MANOR
WHEREAS, the Industrial Development Authority of the County of Roanoke,
Virginia ("Authority"), has considered the application of Friendship Manor, Inc. ("Borrower")
requesting the issuance of the Authority's revenue bonds in an amount not to exceed
$6,500,000 ("Bonds"), $4,200,000 of which will be used to assist the Borrower in financing
renovations, improvements and equipment for the Borrower's 373-bed nursing home facility
(the "Facility") located at 327 Hershberger Road, NW., in the County of Roanoke, Virginia
and $2,300,000 of which will be used to refund a prior 1979 bond issue of the Authority, the
proceeds of which were used to (a) finance improvements to the Facility and an addition
thereto and (b) decrease a prior 1974 bond issue of the Authority, the proceeds of which
were used to finance the original construction of the Facility ("Project"), and has held a
public hearing on June 7, 2000;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as
amended (the "Code"), provides that the governmental unit having jurisdiction over the
issuer of private activity bonds and over the area in which any facility financed with the
proceeds of private activity bonds is located must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the County of
Roanoke, Virginia ("County"); the Project is located in the County and the Board of
Supervisors of the County of Roanoke, Virginia ("Board") constitutes the highest elected
governmental unit of the County;
WHEREAS, the Authority has recommended that the Board approve the
issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving the issuance ofthe
Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a
Fiscal Impact Statement have been filed with the Board.
380
June 27,2000
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD Uf'
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority for the
benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906
of the Code of Virginia of 1950, as amended ("Virginia Code") to permit the Authority to
assist in the financing of the Project.
2. The approval of the issuance of the Bonds does not constitute an
endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project
or the Borrower.
3. Pursuant to the limitations contained in Temporary Income Tax
Regulations Section 5f.103-2(f)(1), this resolution shall remain in effect for a period of one
year from the date of its adoption.
This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors of the County of Roanoke, Virginia this
27th day of June, 2000.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
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Reauest to accept additional state revenues and appropriate to
the Sheriff's FY1999-2000 budaet. (Brent Robertson. Budaet
;;
Director)
A-062700-2
Mr. Robertson advised that Roanoke County is reimbursed by the state for
salaries, mileage, office expenses and for housing state prisoners between a rate of $6.00
and $8.00 per day. Additionally, the City of Salem reimburses the County for housing its
prisoners on a per diem basis. After reviewing the Sheriffs year-to-date expenditures,
there is a year-end deficit of $136,000 which is reimbursed by the state. Mr. Robertson
requested that the Board approve an appropriation adjustment to recognize the additional
$136,000 of state revenue and increasing the Sheriff's Care and Confinement budget by
$136,000.
Supervisor Minnix moved to appropriate the funds. The motion carried by the
following recorded vote:
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June 27, 2000
381
AYES:
NAYS:
ABSENT:
IN RE:
Supervisors Johnson, Minnix, Church, Nickens
None
Supervisor McNamara
REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES. CONSENT AGENDA
Supervisor Johnson moved to approve the first readings and set the second
readings and public hearings for July 25, 2000. The motion carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
IN RE:
Supervisors Johnson, Minnix, Church, Nickens
None
Supervisor McNamara
1."
First readina of ordinance to obtain a Special Use Permit for a
pet crematorium. located in the 8800 block of Starliaht Lane.
Cave Sprina Maaisterial District. upon the petition of P. D.
Jackson/Donna Mason.
~
First readina of ordinance to obtain a Special Use Permit to
construct a 180 foot broadcastina tower. located in the 300 block
of John Richardson Road. Hollins Magisterial District. upon the
petition of U. S. Cellular. Inc.
FIRST READING OF ORDINANCES
1."
First readina of ordinance authorizina execution of an agreement
to clarify easement riahts and ownership in connection with a
Utilitv Department reservoir lot on Dorset Drive.
Robertson. Utilitv Director)
(Gary
Mr. Robertson advised that a deed between Hidden Valley Corporation,
Richard Hamlett Construction Company and Hidden Valley Water Corporation reserved a
382
June 27, 2000
tract of ground showing a reservoir and a 30-foot drive and utility easement which was
shown on Preliminary Plat of Section 5, Hidden Valley Homes. The preliminary plat was
never recorded and there are no metes and bounds description of the property acquired
by Roanoke County. The situation came to staffs attention in May when Dr. Peter Kelly,
owner of what is now called New Tract "A" requested clarification of the easement and
permission to use the easement for access to his property. The proposed agreement
would allow Mr. Kelly to use and maintain the easement and provide a recorded clarification
as to ownership of the property.
Supervisor Johnson asked if Mr. Kelly will be able to get title insurance and
County Attorney Paul Mahoney responded that hopefully this will resolve the problem.
Supervisor Johnson asked the County Attorney to inform the Kellys that this may not quite
alleviate the problem, and Supervisor Church suggested that the County work out
something that would eliminate future problems.
Supervisor Minnix moved to approve the first reading and set the second
reading for July 25, 2000. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
ABSENT:
Supervisor McNamara
IN RE:
SECOND READING OF ORDINANCES
1."
Second readina of ordinance authorizina auitclaim and release
of access. water, sanitarv sewer. Dublic utilities and drainaae
easements within boundaries of South Concourse Drive located
from the intersection of VallevPark Drive to its cul-de-sac. the
develoDment of VallevPointe in the Hollins Maaisterial District.
June 27, 2000
383
(Arnold Covev. Communitv Development Director)
0-062700-3
There was no discussion and no citizens to speak on this ordinance.
Supervisor Johnson moved to adopt the ordinance. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
ABSENT:
Supervisor McNamara
ORDINANCE 062700-3 AUTHORIZING QUIT-CLAIM AND RELEASE OF
PORTIONS OF A 20' PRIVATE ACCESS AND UTILITY EASEMENT, A 20'
DRAINAGE EASEMENT, AND A 20' SANITARY SEWER AND WATER
EASEMENT, ALL AS CREATED ON PLAT BOOK 10, PAGE 149, AND A
VARIABLE WIDTH DRAINAGE EASEMENT CREATED ON PLAT BOOK
12, PAGE 33, AND A 15' WATER LINE EASEMENT AND PUBLIC UTILITY
EASEMENT CREATED ON PLAT BOOK 18, PAGE 97, WITHIN THE
BOUNDARIES OF SOUTH CONCOURSE DRIVE IN VALLEYPOINTE,
SITUATED IN THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, in order for South Concourse Drive to be accepted into the state
secondary road system, the Virginia Department of Transportation (V DOT) requires that
the right-of-way be free and clear of any third party rights or encumbrances; and,
WHEREAS, VDOT has requested quit-claim and release to the
Commonwealth of Virginia of all existing easements within the boundaries of South
Concourse Drive, namely the following: a portion of a "20' PRIVATE ACCESS & UTILITY
EASEMENT", a portion of a "20' DRAINAGE EASEMENT", and a portion of a 20' "SANITARY
SEWER & WATER EASEMENT", dedicated and shown on the 'Plat Showing The Subdivision
of Property (52.036 Ac.) Of Gestalt Properties, ...,' dated June 6,1988, and recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 10, page 149;
a portion of a variabie width "NEW DRAINAGE EASEMENT" dedicated and shown on the '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 a portion of a "NEW
15' W.L.E. & P.U.E." [water line easement and public utility easement] dedicated and shown
on the 'Plat Showing the Resubdivision of Tract 3D (10.644 Acres), Tract 101 (2.473
Acres), and Tract 3E (5.955 Acres) Property of Liberty Property Development Corp. ...,'
dated December 12, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18,
page 97; and,
WHEREAS, it will serve the interests of the public to have South Concourse
Drive accepted into the state secondary road system and the release, subject to the
issuance of a permit and other conditions, will not interfere with other public services and
is acceptable to the affected Roanoke County departments.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
384
June 27, 2000
¡---:
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke
County Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on June 13, 2000; and a second
reading was held on June 27,2000.
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the interests in real estate to be released are hereby made available for
other public uses by conveyance to the Commonwealth of Virginia for acceptance of South
Concourse Drive into the state secondary road system by the Virginia Department of
Transportation (VDOT).
3. That quit-claim and release to the Commonwealth of Virginia of the
portions of the "20' PRIVATE ACCESS & UTILITY EASEMENT", "20' DRAINAGE EASEMENT", and
20' "SANITARY SEWER & WATER EASEMENT", dedicated or created by the above-described
plat recorded in Plat Book 10, page 149, and the portion of the variable width "NEW
DRAINAGE EASEMENT" dedicated by the above-described plat recorded in Plat Book 12,
page 33, and the portion of the "NEW 15' W.L.E. & P.U.E." dedicated by the above-described
plat recorded in Plat Book 18, page 97, within the boundaries of South Concourse Drive
at Valleypointe as shown on Exhibit A, is hereby authorized, subject to the following
conditions:
b.
VDOT issuance of a permit for any or all private utilities,
drainage lines or pipes, sanitary sewer lines or pipes, water
lines or pipes, and public utility company lines or pipes and any
related appurtenances or facilities.
The facilities located within the 50-foot right-of-way for South
Concourse Drive may continue to occupy the street or highway
in the existing condition and location.
a.
The release would be for so long as the subject section of
South Concourse Drive is used as part of the public street or
highway system.
4. That the subject public easements are not vacated hereby and shall
revert to the County in the event of abandonment of the street or highway.
5. That the County Administrator, or an Assistant County Administrator,
is hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
6.
c.
That this ordinance shall be effective on and from the date of its
adoption.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
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Second reading of ordinance extendina the current franchise
June 27, 2000
385
agreement with Adelphia (Salem) Cable for ninetv davs. (Joseph
Obenshain. Senior Assistant Countv Attornev)
0-062700-4
There was no discussion and no citizens to speak on this ordinance.
Supervisor Church moved to adopt the ordinance. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
ABSENT:
Supervisor McNamara
ORDINANCE 062700-4 EXTENDING THE FRANCHISE OF
BLACKSBURG/SALEM CABLEVISION , INC. D/B/A SALEM CABLE TV
TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY
FOR A PERIOD OF 90 DAYS
WHEREAS, Blacksburg/Salem Cablevision, d/b/a Salem Cable TV, a wholly
owned subsidiary of Adelphia Communications Corporation, currently holds a franchise
granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable
television system within portions of Roanoke County which franchise expired on October
4, 1999, and was extended for a period of ninety (90) days by action of the Board of
Supervisors on September 28,1999, and for additional ninety (90) day periods by action
of the Board on January 11, 2000 and March 28, 2000; and
WHEREAS, negotiations are currently underway between Blacksburg/Salem
Cablevision, Inc., d/b/a Salem Cable TV, and the County of Roanoke for the renewal ofthis
franchise agreement, which negotiations may not be concluded sufficiently prior to such
date to permit adoption of a new franchise agreement by the Board of Supervisors of
the County of Roanoke prior to the expiration of the current franchise agreement on or
about July 1, 2000; and
WHEREAS, Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, is
prohibited by federal law from operating a cable television system within any jurisdiction
without a franchise agreement or extension as defined by federal law; and
WHEREAS, the first reading of this ordinance was held on June 13, 2000,
and the second reading of this ordinance was held on June 27,2000.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That in order to permit Blacksburg/Salem Cablevision, Inc., d/b/a
Salem Cable TV, to continue to operate a cable television franchise within the territorial
limits of Roanoke County, Virginia, after July 1, 2000, and to prevent any interruption of
cable television services to customers of Salem Cable TV, the franchise of Blacksburg/
Salem Cablevision, Inc., d/b/a Salem Cable TV, for the operation of a cable television
system within Roanoke County, Virginia, is hereby extended for a period of ninety (90) days
386
June 27, 2000
beginning at 12:00, midnight, on July 1, 2000, under the same terms and conditions as
contained in the existing franchise agreement originally granted by the Board of
Supervisors of Roanoke County, Virginia, to Booth American Company, d/b/a Salem Cable
TV, in October, 1994, and subsequently transferred to Blacksburg/Salem Cablevision, Inc.,
d/b/a Salem Cable TV, as of April, 1997.
2. This ordinance shall be in full force and effect from its passage.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
APPOINTMENTS
1."
Industrial Development Authoritv
Supervisor Nickens advised that the person he recommended for this
appointment has declined to serve. Supervisor Johnson will contact his recommended
appointee and determine if he is willing to serve.
IN RE:
R-062700-5
CONSENT AGENDA
Supervisor Nickens moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
ABSENT:
Supervisor McNamara
RESOLUTION 062700-5 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA
as follows:
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
1. That the certain section ofthe agenda ofthe Board of Supervisors for June
27, 2000, designated as ItemJ - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1 through
9, inclusive, as follows:
,
June 27, 2000
387
1.
2.
3.
4.
5.
Approval of minutes for May 9, 2000, May 23, 2000.
Confirmation of committee appointment to Parks and Recreation
Advisory Commission.
Request for authorization to execute an operating contract with the
Roanoke Valley SPCA.
Request from Schools for $4,917,338 appropriation to the Regional
Special Education Fund.
6.
Request for acceptance of a $9,565.02 grant by the Police
Department to continue the Cops for Coaches Program.
Acceptance of three grants for the Roanoke Valley Greenway
Commission, authorization to expend the funds, and authority to
execute the grant contracts.
7.
8.
Closeout of Youth Haven II petty cash fund.
Approval and appropriation of $42,331 Family Preservation Act
monies.
Acceptance and appropriation of $17,388 Juvenile Accountability
Incentive Block Grant.
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, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
9.
REPORTS
Supervisor Minnix moved to receive and file the following reports. The motion
carried by a unanimous voice vote with Supervisor- McNamara absent.
1."
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General Fund UnaDDroDriated Balance
CaDital Fund UnaDDropriated Balance
~
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Board Continaencv Fund
Future School Capital Reserve
388
June 27, 2000
~
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Accounts paid - Mav 2000
Status ReDorts on County Droiects
L.
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Proclamations Sianed bv the Chairman
Statement of Treasurer's Accountability per investments and
portfolio policy as of Mav 31. 2000
IN RE:
RECESS
Vice Chairman Minnix declared a recess at 3:35 p.m.
INRE:
WORK SESSIONS
1."
Work Session on petitions reauested in the Route 220
Clearbrook area
The work session was held from 3:40 p.m. to 4:20 p.m. and presented by
Arnold Covey and Terry Harrington. The work session was held to better understand the
impact of two Special Use Permits being considered during the evening session and
located in the Clearbrook section of Route 220 (Franklin Road). These requests are a
Special Use Permit for a religious assembly and day care facility located between the 4300
block of Franklin Road and east of Indian Grave Road; and a request to rezone 2.868 acres
from AV to C-2 to construct a new automobile dealership located in the 5100 block of
Franklin Road.
There was discussion on the current zoning and land use designation. Mr.
Harrington advised that this area is designated Core-Village Concept and small commercial
uses are acceptable. The Land Rover automobile dealership rezoning request will access
off Route 220 at an existing median cut. Supervisor Minnix expressed concern about the
need for improvements to Indian Grave Road before the Church Special Use Permit is
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June 27, 2000
389
approved, and Mr. Hodge recommended that they also need to have a comprehensive
stormwater management program, and that the owners should pay some of the costs of
signalization and road improvements. Mr. Harrington advised that staff has started working
with the Clearbrook Community to develop a master plan for the area.
IN RE:
CLOSED MEETING
At 4:20 p.m., Supervisor Johnson moved to go into Closed Meeting following
the work session pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal
counsel pertaining to actual litigation, County of Roanoke v. Lee; and Section 2.1-344 A (5),
discussion concerning a prospective business or industry where no previous
announcement has been made. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
ABSENT:
Supervisor McNamara
IN RE:
RECESS
Vice Chairman Minnix declared a recess at 4:30 p.m.
IN RE:
R-062700-6
CERTIFICATION RESOLUTION
At 7:00 p.m., Supervisor Minnix advised that the Closed Meeting was held
from 4:20 p.m. until 4:30 p.m. and from 4:40 p.m. until 5:00 p.m.; moved to return to open
session and adopt the Certification Resolution. The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens
390
June 27, 2000
NAYS:
ABSENT:
None
Supervisor McNamara
RESOLUTION 062700-6 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 Minnix adopt the Certification Resolution; and carried
by the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT:
Supervisor McNamara
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1."
Resolution of appreciation to Jeremy Ford. Patrick Greer and
Jesse Jannev for exhibitina honestv and intearitv in turnina in
found monev to the Police Department.
R-062700-7
Jeremy Ford, Jesse Janney and Patrick Green were present to receive the
resolution. Richard Feller, the owner of the lost money was also present. Vice Chairman
Minnix gave each of them a small monetary reward for their honesty.
Supervisor Johnson moved to adopt the resolution. The motion carried by
June 27,2000
391
the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
ABSENT:
Supervisor McNamara
RESOLUTION 062700-7 OF APPRECIATION TO JEREMY FORD,
PATRICK GREER AND JESSE JANNEY FOR THEIR HONESTY AND
INTEGRITY IN TURNING IN FOUND MONEY TO THE POLICE
DEPARTMENT
WHEREAS, Jeremy Ford, age 13, Patrick Greer, age 14, and Jesse Janney,
age 14, were target shooting with a BB gun in the woods near Cider Mill Court on April 8,
2000; and
WHEREAS, during this activity they came upon two glass jars containing
$2,032 in cash and $104.50 in personal checks that were dated in 1978; and
WHEREAS, realizing the importance of finding the owner, they immediately
contacted the Roanoke County Police Department which later found the owner of the
money; and
WHEREAS, Jeremy Ford, Patrick Greer and Jesse Janney should be
commended for their honesty, integrity and high moral character by reporting their findings
to the Police.
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, does hereby express its sincere appreciation to Jeremy Ford,
Patrick Greer and Jesse Janney for recognizing the importance of finding the owner of the
money and contacting the Roanoke County Police Department; and
FURTHER, BE IT RESOLVED that the Board of Supervisors expresses its
heartfelt pride in the manner in which these young men conducted themselves in this
sensitive situation.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1."
Second readina of ordinance to obtain a Special Use Permit for
a reliaious assemblv. located in the 6800 block of Thirlane Road.
Catawba Maaisterial District. upon the Detition of Connellv
Memorial BaDtist Church. (Terrv Harrinaton. County Planner)
0-062700-8
392
June 27, 2000
Mr. Harrington reported that this is a request for a Special Use Permit to
construct a church. The 2.9 acre site adjoins a residential development and Northside High
School. The area was designated Neighborhood Conservation in the 1998 Roanoke
County Community Plan. The Planning Commission discussed location of the structure
and parking lot, and stormwater management and commented that the use would serve as
a good buffer between the residences on Connie Drive, and more intensive development
to the south.
There was no discussion and no citizens to speak on the petition. Supervisor
Church moved to adopt the ordinance. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
ABSENT:
Supervisor McNamara
ORDINANCE 062700-8 GRANTING A SPECIAL USE PERMIT TO
CONNELLY MEMORIAL BAPTIST CHURCH TO CONSTRUCT A
BUILDING FOR RELIGIOUS ASSEMBLY TO BE LOCATED IN THE 6800
BLOCK OF THIRLANE ROAD (TAX MAP NOS. 37.06-1-29 AND 37.06-1-
35), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Connelly Memorial Baptist Church has filed a petition for a
special use permit to construct a building for religious assembly to be located in the 6800
block of Thirlane Road (Tax Map Nos. 37.06-1-29 and 37.06-1-35) in the Catawba
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
on June 6, 2000; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 23, 2000; the second reading and public hearing on this
matter was held on June 27, 2000.
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
Connelly Memorial Baptist Church to construct a building for religious assembly to be
located in the 6800 block ofThirlane Road (Tax Map Nos. 37.06-1-29 and 37.06-1-35) in
the Catawba Magisterial District is substantially in accord with the adopted 2000
Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia,
as amended, and said Special Use Permit is hereby approved with the following condition:
(A) The site shall be developed in substantial conformance with the
site plan for Connelly Memorial Baptist Church, dated March 22, 2000, drawn by Roderick
"""""
June 27, 2000
393
F. Pierson.
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 Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
~
Second reading of ordinance to rezone .891 acre from 1-1 with
conditions to C-2 with conditions to construct a professional
office with retail. located at 4903 Starkey Road. Cave Sprina
Maaisterial District. upon the petition of Nancv Mever-Barker.
(Terry Harrinaton. Countv Planner)
0-062700-9
Mr. Harrington reported that this site carries conditions from a 1987 rezoning
that limits use and signage and requires substantial conformity with a proffered site plan.
Ms. Baker is asking for removal of conditions and a rezoning to C-2 in order to construct
a professional office building, primarily for the practice of chiropractic medicine. The tract
was designated Transition in the 1998 Community Plan. At the Planning Commission, Mr.
Witt noted his concern that an approval for C-2 would allow a range of unconstrained retail
as well as office uses and asked if a second entrance could be constructed from Starkey
Road which would be determined by VDOT.
There was no discussion and no citizens were present to speak. Supervisor
Minnix moved to adopt the ordinance. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
394
June 27, 2000
¡--
ABSENT:
Supervisor McNamara
ORDINANCE 062700-9 TO CHANGE THE ZONING CLASSIFICATION OF
A 0.891.ACRE TRACT OF REAL ESTATE LOCATED AT 4903 STARKEY
ROAD (TAX MAP NO. 87.11-3-1) IN THE CAVE SPRING MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF 1-1 WITH
CONDITIONS TO THE ZONING CLASSIFICATION OF C.2 WITH
CONDITIONS UPON THE APPLICATION OF NANCY MEYER-BARKER
WHEREAS, the first reading ofthis ordinance was held on May 23, 2000, and
the second reading and public hearing were held June 27,2000; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on June 6, 2000; and
WHEREAS, legal notice and advertisement has been provided as required
by law.
as follows:
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
1. That the zoning classification of a certain tract of real estate containing
0.891 acre, as described herein, and located at 4903 Starkey Road (Tax Map Number
87.11-3-1) in the Cave Spring Magisterial District, is hereby changed from the zoning
classification of 1-1, Industrial District with conditions, to the zoning classification of C-2,
General Commercial District with conditions.
2. That this action is taken upon the application of Nancy Meyer-Barker.
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:
(a) The property will be developed in substantial conformity with
the concept plan prepared by Craighead & Associates with
revised dated 5/15/00.
4. That said real estate is more fully described as follows:
All that certain property containing .89 acre as described in a deed dated
September 3, 1999, by and between Jessee Albert Webster and Patricia Ann
Joyce Webster, Grantors, to Patricia Ann Joyce Webster, Grantee, of record
in the Roanoke County Circuit Court Clerk's Office in Deed Book 1634 at
page 1444, and further described as Tax Map No. 87.11-3-1.
5. That this ordinance shall be in full force and effect thirty (30) days after
its final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
~
Second readina of ordinance to rezone 2.868 acres from A V to C-
"""
June 27, 2000
395
2 to construct a new automobile dealershiD. located in the 5100
block of Franklin Road. Cave SDrina Maaisterial District. UDon
the petition of James R. Walker. (Terrv Harrinaton. County
Planner)
0-062700-10
Mr. Harrington reported that this petition is to rezone 2.9 acres to construct
a Land Rover dealership in the Clearbrook community. This type of car dealership will
generate relatively low traffic volume and will not be inconsistent with the rural residential
neighborhood surrounding it. The Planning Commission recommended approval with six
proffered conditions.
Mr. Mike Wrav. 5650 Yellow Mountain Road, a member of the citizens
advisory committee to develop the Clearbrook area, spoke in support of the request.
Supervisor Johnson expressed concern about the traffic patterns, and asked
if VDOT had agreed to a cut in the frontage. Mr. Harrington responded that VDOT has
concerns with using a median cut but will allow access to the site. Supervisor Nickens
asked why there were 80 plus parking spaces if there were only going to be 12 new
vehicles and 6 used vehicles. Mr. Harrington responded that these spaces would be for
the vehicles that were for sale, the customers, the employees and those bringing their
vehicles in for repairs. Mary Ellen Goodlatte, attorney for the petitioner, advised that the
petitioner has reduced the number of parking spaces from 80 to 60.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
ABSENT:
Supervisor McNamara
396
June 27, 2000
ORDINANCE 062700-1 0 TO CHANGE THE ZONING CLASSIFICATION OF
A 2.9-ACRE TRACT OF REAL ESTATE LOCATED IN THE CLEARBROOK
COMMUNITY (TAX MAP NOS. 88.03-1-30,31,32,33, AND 34) IN THE
CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF AV TO THE ZONING CLASSIFICATION OF C-2
WITH CONDITIONS UPON THE APPLICATION OF JAMES WALKER
WHEREAS, the first reading of this ordinance was held on May23, 2000, and
the second reading and public hearing were held June 27,2000; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on June 6, 2000; and
WHEREAS, legal notice and advertisement has been provided as required
1. That the zoning classification of a certain tract of real estate containing
2.9 acres, as described herein, and located in the Clearbrook Community (Tax Map
Numbers 88.03-1-30,31,32,33, and 34) in the Cave Spring Magisterial District, is hereby
changed from the zoning classification of AV, Agricultural Village District, to the zoning
classification of C-2, General Commercial District with conditions.
2. That this action is taken upon the application of James Walker.
3. Thatthe owners ofthe property have voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby
accepts:
by law.
as follows:
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
Access to Stable Road will be controlled by a gate,
chain or similar mechanism.
The exit from the site onto Stable Road shall be
designed to allow only right hand turns.
Exterior lighting fixtures shall be designed so as to shine down
to the surface and not extend onto the property of adjacent
owners.
The freestanding sign shall be a monument style sign.
Except for the Land Rover column, no building on the property
shall be higher than 45 feet.
Landscaping in the required 10' buffer along Stable Road shall
include evergreen trees or shrubs so as to provide year-round
screening, in addition to deciduous planting.
(6) The property shall be developed as an "automobile dealership,
new."
4. That said real estate is more fully described as follows:
All that property described as Tract One containing .5 acre, Tract Two
containing 0.289 acre, Tract Three - Parcel No.1 containing 1.0 acre, Tract
Three - Parcel No.2 containing 0.086 acre, and Tract Four containing 0.993
acre conveyed by deed of gift dated April 22, 1987, by and between John S.
Brooks, Jr. and Ruth E. Brooks, Grantors, and Colleen B. Carter, Ronald
S. Brooks, and Carol B. Lester, Grantees. Said deed of gift of record in the
Roanoke County Circuit Court Clerk's Office in Deed Book 1272 at page
1107. This property is also known as Tax Map Nos. 88.03-1-30,31,32,33,
and 34.
(1 )
A.
B.
(2)
(3)
(4)
(5)
~,
June 27, 2000
397
5. That this ordinance shall be in full force and effect thirty (30) days after
its final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
!,
Second readina of ordinance to obtain a Special Use
Permit to construct a 140 foot lattice tower and associated
facilities. located on the southern end of Brushv Mountain
off of Route 311 and Route 794. Catawba Maaisterial
District. UDon the Detition of Vallev Communications.
(Terrv Harrinaton. Countv Planner)
0-062700-11
Mr. Harrington advised that the petitioner is requesting a Special Use Permit
to construct two two-way communications towers: one being a 140-foot lattice tower and
the other being a 40 foot structure composed of pressure treated telephone poles for
additional antenna arrays. The Planning Commission discussed the technology, line of
sight, and needs for the communication system for Valley Communications. There was
discussion about the needed height of the tower and several commissioners wondered if
the height could be lowered and advised that they felt the height was unacceptable. The
petitioner stated that he might be able to drop the tower to 120 feet.
Mark Cronk, representing Valley Communications, advised that they
requested 140 feet in height to get the antennas above the tree tops and allow room for
growth. The telephone structure will be hidden by the tree line. He advised that they held
a community meeting and a "balloon" test. They are willing to lower the towers if
398
June 27,2000
necessary, but no lower than 100 feet.
Supervisor Church advised he was willing to support the request but only at
a lower height. In response to a question from Supervisor Nickens, Mr. Cronk advised that
they should be able to co-locate 10 antennae on the tower.
Supervisor Church moved to adopt the ordinance with the tower at 100 feet.
Supervisor Nickens suggested a compromise of 120 feet and Supervisor Church agreed.
Supervisor Church moved to adopt the ordinance with Condition #1 amended
that any antenna attached to the tower shall not exceed 120 feet above grade. The motion
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
ABSENT:
Supervisor McNamara
ORDINANCE 062700-11 GRANTING A SPECIAL USE PERMIT TO
VALLEY COMMUNICATIONS TO ALLOW THE PLACEMENT OF A 120-
FOOT LATTICE COMMUNICATIONS TOWER TO BE LOCATED ON
PROPERTY OFF ROUTE 311 (CATAWBA VALLEY DRIVE) AND ROUTE
794 (SYCAMORE DRIVE) (TAX MAP NO. 25.00-1-21), CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, Valley Communications has filed a petition for a special use
permit to allow the placement of a 120-foot lattice communications tower to be located off
Route 311 (Catawba Valley Drive) and Route 794 (Sycamore Drive) (Tax Map No. 25.00-
1-21) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
on June 6, 2000; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 23, 2000; the second reading and public hearing on this
matter was held on June 27,2000.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Valley
Communications to allow the placement of a 120-foot lattice communications tower to be
located off Route 311 (Catawba Valley Drive) and Route 794 (Sycamore Drive) (Tax Map
No. 25.00-1-21) in the Catawba Magisterial District is substantially in accord with the
adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code
of Virginia, as amended, and said Special Use Permit is hereby approved with the following
conditions:
June 27,2000
399
(a) The height of the proposed lattice tower, excluding any
antenna attached to the tower shall not exceed 120 feet above
grade. Any extension of the proposed tower shall require a
special use permit.
The lattice tower structure and all attached hardware shall be
a flat matted color so as to reduce visibility and light reflection.
The tower structure comprised of the pressure treated
telephone poles shall not exceed 40 feet in height.
No lighting shall be installed on the tower structure unless
required by the FAA. Security lighting may be provided on-site,
at a height not to exceed 25 feet.
If the use of the tower structure for wireless communications is
discontinued, the tower structure shall be dismantled and
removed from the site within 30 days of notice by the County,
and the special use permit shall become void.
The location of the electric service transmission lines shall
follow the path of the existing roadway in order to minimize loss
of tree coverage.
(g) The location of the tower structure and related equipment shall
be as shown on the undated plan included with the application
entitled "Concept Plan, Valley Communications Site, Brushy
Mountain, Roanoke County, Virginia" dated 4/21/2000, as
prepared by Engineering Concepts.
(h) The tower shall have whip antennae only.
2. That this ordinance shall be in full force and effect thirty (30) days after
its final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Church to adopt the ordinance with Condition (a)
amended that any antenna attached to the tower shall not exceed 120 feet above grade,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
(b)
(c)
(d)
(e)
(f)
Second readina of ordinance to obtain a Special Use Permit to
construct a religious assemblv and dav care facilitv. located
§.,
between the 5400 block of Franklin Road and east of Indian
Grave Road. Cave Sprina Maaisterial District. upon the petition
of Evanael Foursauare Church. (Terrv Harrinaton. County
Planner)
400
June 27, 2000
Mr. Harrington explained this was a Special Use Permit request to construct
a religious assembly facility and a day care center on approximately 42 acres on Indian
Grave Road. The Planning Commission evaluated the request on June 6, and their issues
were the suitability of the site for the church because of the grading that might need to be
done, and the impact of the church and day care traffic to Indian Grave Road and its
intersection with Route 220.
The Planning Commission recommended approval with six conditions related
to the site plan, the conformance of building elevations, materials of the exterior of the
building, minimizing the grading and tree removal to only that which is necessary, and the
access road, that the church will undertake all transportation and road improvements
recommended by VDOT, and there will be no access to the property from Franklin Road.
Ed Natt, attorney for Evangel Foursquare Church, advised that the church
originally planned to use a site on Stable Road after spending a considerable amount of
money on the site, but withdrew the request prior to the public hearing because of financial
considerations involving installation of a traffic signal at the intersection. The site plan on
Indian Grave is the same design and layout as the one for Stable Road but they will not
undertake the full engineering costs until they know whether they can obtain a Special Use
Permit.
Mr. Natt reviewed the conditions and advised that the only concern they have
is with condition #5 which requires the church to undertake all transportation and road
improvements required by VDOT and deemed necessary to insure that adequate and safe
access to the site is provided. He advised that they don't know what this will cost, and it
may not be feasible, but the petitioner is willing to proffer that they will do it so that the
Special Use Permit can be approved.
Mr. Natt reported that the church serves approximately 200 parishioners per
June 27, 2000
401
week and based on the existing day care facility, the largest number of cars between 7:45
a.m. and 8:00 a.m. and 8:00 a.m. and 8:15 are 10 cars, with 5 vehicles at other times.
There is less than one car per minute in the morning and afternoon. There are currently
80 children from 59 families in the day care facility.
The following citizens spoke concerning the request:
1. Michelle Berrv. 5442 Indian Grave Road. expressed concern about (1)
whether the road will be able to handle the additional traffic; (2) the increased number of
children that might attend the new day care center which could increase traffic by 200 to
250; (3) the possibility of homes being impacted if the road is improved; and (4) about
potential drainage problems from the church and day care center.
2. Clarence Watson Simmons. 5605 Franklin Road. advised that there
were right-of-ways through this property that was deeded in 1920 as well as other right-of-
ways. He was also concerned about drainage problems that already exist and could get
worse, and the traffic problems, especially if an ambulance and fire truck must come out
of the fire and rescue station.
3. Randv Kinaerv 6506 Crowells Gap Road, advised he was President of
the Clearbrook Civic League, a lifetime member of the Clearbrook community and a
member of the Evangel Foursquare Church, spoke in support of the request, and advised
that he felt the church and day care facility will be an asset to the community.
In response to questions from the Board members, Mr. Harrington advised
that he could not verify that the church would use less than 7 acres of the 40 acres and
they may need to do significant grading for the driveway which could result in tree removal;
that even if the Special Use Permit is approved, the church could by right develop other
portions of the property as residential; and that access to water and sewer is on Route 220
and would have to be extended up Indian Grave Road.
402
June 27, 2000
Supervisors Johnson and Church expressed concern about the possibility of
further residential expansion on the site. Supervisor Johnson pointed out that the church
can not get a building permit without the proper stormwater management plan. He also
advised that the Board could limit the construction to the church and daycare only.
Mr. Hodge explained that his concerns are the importance of improvements
to Indian Grave Road, traffic signalization, stormwater management, and screening and
buffering. He recommended that the Board and County staff receive more information on
these issues prior to making a decision.
Mr. Natt responded that the petitioner has agreed to proffer these but the
problem is how much money they should preliminarily spend before getting the Special Use
Permit. They are willing to accept that only the church and daycare will be constructed on
the property. He suggested that condition #5 be amended that bonding arrangements
required to develop the property shall be approved by the County prior to issuance of a
building permit.
Following additional discussion, Supervisor Minnix moved to continue the
public hearing to July 25, 2000 and that staff work with petitioner to bring back more details
on road improvement costs and efforts to resolve traffic issues, and stormwater
management. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
ABSENT:
Supervisor McNamara
§..
Second readina of ordinance to amend a condition. attached to
a Special Use Permit related to landscapina at a miniwarehouse
facilitv. located in the 7200 block of Barrens Road. Hollins
June 27, 2000
403
Maaisterial District. upon the petition of Three W Corp. (Terrv
Harrinaton. Countv Planner)
0-062700-12
Mr. Harrington advised that Three W Corporation requested the mini-
warehouse special use permit in the Spring of 1999. The Planning Commission held a
public hearing on March 2, 1999 and recommended approval of the permit with five
conditions. At the Board of Supervisors meeting on March 23, 1999, condition #1 was
revised to read: "A planting strip as shown on the attached plan entitled 1st Security Self
Storage, Roanoke County, Virginia: prepared by Providence Engineering, dated 3/23/99,
shall be provided adjacent to Barrens Road, South Drive and the Peters Creek Apartments.
Leyland Cypress trees shall be planted within this planting strip. The trees shall be a
minimum of 10' in height at the time of planting, and shall be planted no more than 5 feet
on center." The applicant is requesting a modification to reduce the cost of the required
landscaping and to address the issue of planting trees within a storm drainage easement.
The Planning Commission recommended a modification of Condition #1 with Conditions
#2, #3, #4 and #5 unchanged. Ed Natt, attorney for the petitioner, advised that the
petitioner is agreeable to the amended condition.
Supervisor Nickens suggested that along South Drive in the fall of the year,
the petitioner could plant red tip photina along the fence. Mr. Natt advised that the fence
is not on the petitioner's property and that tree roots might injure the sewer line on South
Drive. Doug Wright, one of the petitioners, was present and advised he would be willing
to plant anything that the Board desires but that the area is 600 feet from the water line and
might not live.
Supervisor Johnson moved to adopt the ordinance with Condition #1
amended to include planting of red tip photinas 2 to 3 feet tall on the west side of the
404
June 27, 2000
petitioner's property to take place on or about October 1, 2000. The motion carried by the
following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
ABSENT:
Supervisor McNamara
ORDINANCE 062700-12 AMENDING THE CONDITIONS IN ORDINANCE
032399-9 WHICH GRANTED A SPECIAL USE PERMIT TO VAUGHN
WILBURN TO CONSTRUCT MINI-WAREHOUSES TO BE LOCATED IN
THE 7200 BLOCK OF BARRENS ROAD (TAX MAP NO. 27.13-5-47),
HOLLINS MAGISTERIAL DISTRICT, UPON APPLICATION OF THREE W.
CORP.
WHEREAS, by Ordinance 032399-9 Vaughn Wilburn, President ofThree W.
Corp., was granted a special use permit to construct mini-warehouses to be located in
the 7200 block of Barrens Road (Tax Map No. 27.13-5-47) in the Hollins Magisterial
District, subject to certain conditions; and
WHEREAS, Three W. Corp. has requested that those conditions be
amended; and
WHEREAS, the Planning Commission held a public hearing on this matter
on June 6, 2000; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 23, 2000; the second reading and public hearing on this
matter was held on June 27, 2000.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that Ordinance 032399-9 which granted a special
use permit to Vaughn Wilburn, President of Three W. Corp. to construct mini-warehouses
to be located in the 7200 block of Barrens Road (Tax Map No. 27.13-5-47) in the Hollins
Magisterial District, subject to certain conditions, be, and hereby is amended by the
removal of the following paragraph (1) and substitution of a new paragraph (1) as follows:
f47 A planting strip as sho"n on the attached plan entitlgd "1gt
Ðeeurit~ Oelf Otorage, Roanoke Co., Virginia" prepared b~
rrovidenee [n§ineering, dated :.Ji2:.Ji99, shall be provided
adjacent to Darrens Road, Ðouth Drive, and the r'eters Creek
Apartments. Leyland Cypress trees shall be planted "ithin this
planting strip. The trees shall be a minimum of 1 0' in height at
the time of planting and shall be planted no more than S' on
eenter-.
(1) Along the entire south and east side, Leyland Cypress,
minimum 5 feet in height at time of planting, shall be placed a
maximum of 8 feet on center, in a staggered design. On the
west side, Photinia x fraseri (Red Tip) - 2-3 feet tall at time of
planting, shall be placed 7-8 feet on center to achieve full
screening. The existing screen fence and vegetation along
June 27, 2000
405
south Drive shall be maintained, or replaced to provide similar
screening.
2. That all other conditions (2) through (5) approved by Ordinance
032399-9 shall remain in full force and effect.
3. 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 with condition #1
amended to include planting of Red Tips; and carried by the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
L.
Second reading of ordinance amendina and reenactina Sections
21-150 "Definitions", 21-151 "Levv of Tax: Amount". 21-152
"Payment and Collection of Tax". 21-154 "Report of Taxes
Collected': Remittance: Preservation of Records". 21-156 "Tips
and Service Charaes". 21-163 "Violations of Article" and 21-164
of Chapter 21 "Taxation" of the Roanoke County Code in order
to provide for uniformitv in enforcement of meals tax ordinances
across the Commonwealth.
(Joseph Obenshain. Senior
Assistant Countv Attornev)
0-062700-13
Mr. Mahoney advised that the General Assembly adopted House Bill 255 to
insure uniformity in the meals tax statewide. VACO and VML have worked together to
prepare a model meals tax ordinance which takes into account the slight variations in the
enabling legislation between cities and counties. There are two changes since the first
reading in the definitions of beverages and defining the term "occasional" basis.
Supervisor Nickens moved to adopt the ordinance. The motion carried by the
following recorded vote:
406
June 27, 2000
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens
None
ABSENT:
Supervisor McNamara
ORDINANCE 062700-13 AMENDING AND REENACTING SECTIONS 21-
150 "DEFINITIONS", 21-151 "LEVY OF TAX; AMOUNT", 21-152
"PAYMENT AND COLLECTION OF TAX", 21-154 "REPORT OF TAXES
COLLECTED; REMITTANCE; PRESERVATION OF RECORDS", 21-156
"TIPS AND SERVICE CHARGES", 21-163 "VIOLATIONS OF ARTICLE"
AND 21-164 "EXEMPTIONS", OF ARTICLE VII "TAX ON FOOD AND
BEVERAGES" OF CHAPTER 21 "TAXATION" OF THE ROANOKE
COUNTY CODE, IN ORDER TO PROVIDE FOR UNIFORMITY IN
ENFORCEMENT OF MEALS TAX ORDINANCES ACROSS THE
COMMONWEALTH
WHEREAS, the 2000 session of the General Assembly adopted HB 255 with
the objective of requiring uniformity for imposition and collection of meals tax by localities
throughout the Commonwealth; and,
WHEREAS, the first reading of this ordinance was held on June 13, 2000,
and the second reading and public hearing was held on June 27,2000.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, as
follows:
1. That the following sections of Article VII of Chapter 21 of the Roanoke
County Code be amended and reenacted as follows:
ARTICLE VII. TAX ON FOOD AND BEVERAGES
Sec. 21-150. Definitions.
The following words and phrases, when used in this article, shall have, for
purposes ofthis article, the following respective meanings except where the context clearly
indicates a different meaning:
(a)
(b)
(c)
(d)
(e)
BeveraGe: As used hereil1.JJle term beverage shall mean alcoholiç
Q.lêy.§[ages- as defined in the - CQQ..ELJ1LYirginia L4J.: 1 00 j~[LçJ
nonalcoholic beveragSJs served as a ¡;>art of a meal and ¡;>urchased il}
and from a food establishment.
Cater. The fldrnisbl!J.fl of food,J:¡everages, or both on the ¡¡remises of
another, for compensation. Cl!terer. A ¡:¡ersðn, ..1'10 furnishes reod on
the premises of I!nöther, ref compensl!tion.
Collector. The commi§_gg.!ler of th§ revenue or his/her desic::¡nee.
Commissioner of the Revenue: The commissioner of the revenue of
the County of Roanoke, and any of his/her duly authorized deputies,
assistants, inspectors, employees or agents.
Food: t\JLfgod purchased in _QrJrom ö¡tfood establishment, whether
prepared in such food establishment oiJIQL and whether consumed
~.
June 27, 2000
407
Q.Q.!be premises..,Q[ not, and without regardJo the manner, time or
Q@ce _Qf service. Any ðnd ðll edible refreshments or nourishn ,ent,
lie¡uid or othen.vise, including alcoholic beverages, l5urchased in or
from ð restðurant or from ð cðterer, excel5t snðck foods.
Food establishment: Any ¡¡lace where food is prepared for service to
the publiÇ,Q]lQ[ off the premises or any place wbere food iliE2['{ed..
including but not limited to~D-Jooms,~hort oJder~~~
~qfeterias, coffee shops, taverns, w delicatessefl§.,- dining
accommodations of public or ¡:¡rivate corporations, dining
accommodations otQ~lliLpJivß.te school~o-c!.!;glleges, moQilg
Q.QiOlâ..91.food ~ervice".M.ch a§J2bL~s.<:i[t..2Qêration~hQLgQ92!5!nds
and similar QR.êration~O,.ÇL9!ocery stores and convenience stores
:;;ellinÇ] ¡¡repared foodLJ.ßsillY~Jor _human - cOn:;;.\!DJP..tion as ~ß
delicatessen counter.
MeãTKiíëãfšFìãTìîîîëãn any prepared food and beveraqe as defined
ber~.i.!Loffe.ß~d or held out for saJ5U?Y.ß food §stablist}meoUmJhe
JLId[JlQg_of geing COn_~hLlJled by any person tg..§atisfy the q[lQ§tite @,Q
iêÆadY.. for imrT]ediat~Lconsum¡:¡tion. AIL§!,Jch food and beverage,
unless otherwis& specifically exempted or excluded herejn shqUÆ
incl.\!.de~..bether intenJ;j§!.Q1Qj)e consumeg on the selier's_PJermses
or elsewhgL~L whelher designated as breakfast, lunch, snack, dinner,
:;;JdPQ§!LQ[l1DQme_Q1hg[J}gm~L_ang, witho\!i@.99fS.:Lto lhe !Il£oner~
!lm. ê.-QI.J2@ç~- Q1 _§fLY.!£ê.
(h) Person: Any individual, corporation, company, association, firm,
partnership or any group of individuals acting as a unit.
(I) Purchaser: Any person who purchases food in or from a restaurant or
from a caterer.
(f) Re3tau,ant. Any plðce in or from "hich food is sold in the county,
iI,duding, but not limited to, ðny restðuFant, dining room, grill, coffee
SMOI5, cafeteria, cðfé, snack bðr, lundi counter delicðtessen,
cemfectionery, bðkery, eating house, eatery, drugstore, vending
machine, lunch "agon or truck, pushcart or other n ,obile facility from
"Mich food is sold, public or privðte dub, resort, bar or lounge. TMe
"om "restaurant" shall not mean a grocery store or supermarket
except for any space or section tMerein desigMted as a delicatessen
or for tMe sale of prepared sand"icMes, delicatessen food or food
prepared in a delicatessen.
0) Seller: Any person who sells food in or from a food ~§!9blisilrn..~DJ
restðurant or as a caterer.
(1"1) SNack food. Unopened bottles or cðns or carboMtcd soft drinks,
che"in¡j gum, cðndy, popcorn, peanuts ðnd other nuts, unopened
packðges of cooki!>s, donuts, crackers and pOtðtO dill's, and otMeF
items of essentially the sðme nature and consumed for essentiðlly the
same purposes.
Treasurer. The treasurer of the County of Roanoke and any of his/her
duly authorized deputies, assistants, employees or agents
Sec. 21.151. Levy of tax; amount.
(f)
f.g}
(k)
408
June 27,2000
Jhe[§j~l}sm~J:1yjmQosedwê.D.çLlev i§QJ?Y.Jb~..,Ç ou n ty Jll.Boan oke ..9J1- ea CD
P~!soD~ax_illt:LE?lê~e of four (4Lpercent olJ.Jhe a~mo.!mt paid f9L fogd and beverages
purchased from-AOYl9_od establishmen_Lwhether :Jre :Jared in such food esta!lli§..hment or
!lQ,L..ê.D_d whether consumed on the premises or not. In addition tô all ôther taxes and fees
of any kind nô.. or hereafter inlposed by la.., a tax is hereby levied and imposed en the
purchaser of all foods sel"ved, sold or delivered in the County in or fro", a restauffint
..hetner prepares in such restaurant or not, and ..nether consumed on thepI'Cmises or I ,ot,
or sold to take out, or prepared by a caterer. The rate of this tax shall be feur (4) percent
ofthe an,ount paid for such food. In the computation of this tax any fraction of one-half cent
or more shall be treated as one cent.
Sec 21-152. Payment and collection of tax.
Every ¡Jerson receiving any:: :JêY!)1ent for food seller of foed with respect to
which a tax is levied under this article shall collect and r§Lmit the amount ofthe tax imposed
under this article from the person on whom the samejs levied or from the person JlêYl!lg
for such food from the purchaser on ..nom the same is levied at the time payment for such
food L~J:!l9de becomes due and payable, whether the payment is to be made in cash or on
credit by means of a credit card or otherwise;jlli)vided, however, no blind~rson oQerating
S!.)@'Dding still1d OLQ!h.Ii'i! buJ¿Lnes~ entê.IQ.rissLunger Jhe iurisdictiol} of the DeRartmen! of thEì
YL~bLqUY.ŒLIl9j,ÇJ~P.Q~çLg.mi.!.9.fated 0.DJ2IQP..êm.9.ffildjred anç!J¡gg by the United Stat~f9.1:
?JJ.Y.JDjlLl9lY.. gLn a Y_:&Q!!S.QQ.~ê-â.I}?JJk.f~l!lLli'i9- !9_.ç,Q1L e ct _QL!lLm i(§.l,!çh.tax e s. The am 0 u nt
of tax owed by the purchaser shall be added to the cost of the food by the seller who shall
pay the taxes collected to the County as provided in this article. Taxes collected by the
~~I~e~ shall be held in trust by the seller for Roill1Q!5e Coufl!y until remitted to the county.
Sec. 21-154. Report of taxes collected; remittance; preservation of records.
It shall be the duty of everYJ;terson required by this article to p..êY.1Q the
Coun.!Y-.Qf Roanoke the taxeâ-lmp"osli'igj¿YJbl?.ê.rticie to make..i!Jeport thereof setting fortI}
§uc.hlo.fQrmatiQo~Jh..ê CoJ]lmlssiQnecmaYQrescribe and require, including ~11J2urchases
taxablli'iJ!!lder tbL~jêrtid~"any seller of food liable for collection and remittance of tne taxes
imposed by this article to keel' and preserve for a period of three (3) years records sno..ing
gross sales of all food and beverages, the amount charged the purchaser for each such
purchase, the date thereof, the taxes collected thereon and the amount of tax required to
be collected by this article. Such records shall be kept and preserved for a period of five
(5) years. The Commissionerofthe revenue shall have the power to examine such records
at reasonable times and without unreasonable interference with the business of such
person the seller, for the purpose of administering and enforcing the provisions of this
article, and to make copies of all or any parts thereof.
* * * *
Sec. 21-156. Tips and service charges.
Where a purchaser provides a tip QL9ratuity for an employee of a seller, and
the amount of the tipLgratuity is wholly in the discretion of the purchaser, the tip/gratuity is
not subject to the tax imposed by this article, whether paid in cash to the employee or
added to the bill and charged to the purchaser's account, provided in the latter case, the
full amount of the tip/gratuity is turned over to the employee by the seller.
June 27, 2000
409
An amount or percent, whether designated as a tip~ or service charge,
that is added to the price of the food and beveraç¡es meal by the seller, and required to be
paid by the purchaser, is a part of the selling price of the food and beverag~§ meal and is
~~bJ~ct to the tax imposed by this article.
Sec. 21-163. p'enal1ï.!QLviolations of article.
It shall be unlawful and a violation of this chapter for any person to fail,
refuse or neglect to comply with any provision of this article. Such violation
shall constitute (I) a Class 3 misdemeanor if the amount of tax levied or
assessed in connection with any return required by this article but unpaid as
of the date of conviction is one thousand dollars ($1,000.00) or less, or (ii) a
Class 1 misdemeanor if the amount of tax levied or assessed in connection
with any return required by this article but unpaid as of the date of conviction
is more than one thousand dollars ($1,000.00).
Exç,ept as provided in subsection fa) above, any corporate~~Q!:
lliJrtnership office~gefined in Virginj!LÇode § 58.1-3906, ot:, an~.9.!!t~
QgrsQD~ regulL~.çtlo colles;Laccount for, or pay over the me.als tax imposed
!,LndElLthis article.JLt¡o willfully jails to collect Q!Jruthfully..-£ccouJlt]or QLQ.ill.::
oveL§!).£!.Ltax-,-- or wh<Lwilifully ßvad~s or attempts to eyad(u¡gffi..tê2L..Q[
QßYmg,Qt thereof, shall, in additionl~ê!lY other penalties impo~ed by law, b~
g.ldillY~QLqSlêê§_L m ig:l em &9J1or.
fb} Conviction of such violation shall not relieve any person from the
payment, collection or remittance of the taxes provided for in this article. Any
agreement by any person to pay the taxes provided for in this article by a
series of installment payments shall not relieve any person of criminal liability
for violation of this article until the full amount of taxes agreed to be paid by
such person is received by the treasurer of Roanoke County. Each failure,
refusal, neglect or violation, and each day's continuance thereof, shall
constitute a separate offense.
Sec. 21-164. Exemptions.
@.} The tax imposed under this ordinance shall not be levied on the
fgllowing items when served exclusively for off-m:emisê§- consumption:
ill Factorv-prepackaoed donuts, ice cream. crackers. nabs. chips.
ç~ookies, items of essentially the same natlJ,!:ê.;
ill Food sold in bulk. For the purposes of this provision. a bulk
sale sh?J! m~sl.DJbiLsale of any item that wgulçL exceed the
D.QImql, customary and usual portion sold for on-premi§~~§
çonsumption (e.g., a whole cake, a gallon of ice cr~2rn); a bul~
sale shall not in_clude anyJood or bev~!:ê.ili?jbatj~~catereçJ...Æ
delivered jJ_L..sL food establishmeDt fo[w..Qff-premi§~J;j
consumption.
Alcoholic and non-alcoholic beveraoes sold in factorv sealed
container.
Anv food or food product purchased with food coupons issued
!2Y..Ll1ê United States DeQartment of Agriculture under the Food
Stamp" Proç¡ram or drafts issued through the Virginia Special
Supplemental FoocJ.Proç¡ram for Woman, Infants and Children.
1.
2.
3.
ru
ill
410
June 27, 2000
llil Any food or food product purchased for home consumption as
defiogJil!:L the federal Food Stam.J2..P.ct QL.1!ITL 7 U.S.C. §
2012, as amended, except hot food or hot food products ready
for immediate coD.§umptig.D¿pr the [Jurposes of administering
!he tax levied hereunder, the following items whether or not
Q.ldrchSJsed Em: immeAiate çgnsumRtion are excluded from the
?_aid deflDi!L9.D",...9L.fQgSLln_J.b~lederaLFood _§!9lDQ...Ac.t
sandwiches~d bar items sold from a salad _bar"
prepackaged single-serving salads consisting Jrimarily of an
ass9rtment of vegetable, and nonfactory s~9J~Jibevê.f£9..es.
.....c../t This ~ubsection shalLllQLaffect provision set JOrtbNlD
~ subJ29ragraphs~Hl£nd (5) herein below.
A qrocerv store. supermarket or convenience store shall not be
~ect to the !ax exceQtfor SJ.DY.portion or section therein designated
as--9~çjftlicatessen or designated for the sale of prepared food and
beverages."
The tax imposed hereunder shall. not be levied on the following
R.ldIChase~...9Lf9.Q9..il!ld be_'{êrages The follo..ing ¡:.urcnases of food
shall not be subject to the tax under this article.
(1) fa} Food g,QQ.J)&)@@9!2§ furnished by fgod e~tablishmeQ!ê
restaurants to employees as part of their compensation when
no charge is made to the employee.
to} Food and__~yerages sold by non¡:.roflt day care centers,
public or private elementary or secondary schools or food sold
by any college or university to its students or employees.
W Food and beverage§ for use or consumption and which are
gillçj fo!: dir~ctlY.by the Commonwealth, any political subdivision
of the Commonwealth or the United States.
fd7 Food g,nd bev~§ furnished by a hospital, medical clinic,
convalescent home, nursing home, home for the aged, infirm,
or handicapped,-_.Qêttered~_'!VomeQ,,--.J1arcotiÇ..,~dic!s or
êJçQholic§" or other extended care facility to patients or
residents thereof.
{e7 Food and beverages furnished by a public oU2.rivat~ non-
profit charitable organization or j!stablishment oLE..,private
establishment that contracts with the appropriate agency of the
.QQ.mmQ[)wealth to offer meals at concession pdces to elderly,
infirm, ÞJimL handicapped or needy person in their homes or at
central locations.
ffl Food and beverages sold on an occasiQrL'êLQê.?l~inot mor~
!tLçDlb.@e tim~§JL~.r caL~rLçjf!LY5ill!l by a non-profit educational,
charitable or benevolentorganization"ffiurch, or religious body
on an occasional basis as a fund-raising activity, the gross
proceeds of which are to be used by such organization
exclusively for nQ[):Qrofit educational, charitable, benevolent or
religious Illirposes or food sold by a church or religious body
on an occasional basis.
Food and beverages sold through vending machines.
{g} Any other sale of food which is exempt from taxation under
LW
ill
(2)
(3)
(4)
(5)
(6)
ill
(8)
June 27, 2000
411
the Virginia Retail Sales and Use Tax Act, or administrative
rule and regulations issued pursuant thereto.
2. That this ordinance shall be effective on and from July 1, 2000.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote: .
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Johnson: (1) He suggested recognizing Mayor Hill, Town of
Vinton, and Mayor Bowers, City of Roanoke, at a July meeting. Ms. Allen advised that
Mayor Hill will attend the July 11 meeting and staff is working with Roanoke City to
schedule recognition of Mayor Bowers. (2) He advised that he had a conflict and was not
able to attend the groundbreaking ceremonies at Glenvar Middle School and South County
High School. He further explained that the reason he did not support the Glenvar project
is because there was no final footprint of the renovations, and asked that people look at his
past record of support for schools.
SuDervisor Church: (1) He reported that he has received many phone calls
about bulk and brush collection and asked staff to communicate to the public what people
need to do to have their bulk/brush collected. Mr. Hodge explained that weekly bulk-brush
was eliminated when refuse collection was automated and that staff is looking at ways to
improve the service. (2) He advised that he was happy for the residents of Glenvar and
South County as the County moves forward on the schools.
Supervisor Nickens: (1) He announced that the reason he did not attend the
groundbreaking ceremonies was because it was his birthday and he was attending a
birthday celebration.
(2) He announced that the three judge panel approved the
gainsharing agreement with the Town of Vinton which will be retroactive to July 1, 1999.
412
June 27, 2000
(3) He report that as a member of the Virginia Association of Counties Board of Directors
he is serving on a VACoNML Committee that is looking at ways to increase working with
the General Assembly on local issues. The first meeting was held in Richmond. (4) He
announced that reporter Cindy Murphy will be leaving the Roanoke Times to take a job with
a Little Rock, Arkansas newspaper and wished her well. (5) He requested that the action
taken at the June 13 meeting approving the funding for the human service agencies be
brought back for review at the July 11 meeting. There was no objection to the request.
SuDervisor Minnix: (1) He also offered best wishes to Cindy Murphy. (2) He
commended those who serve on School Boards, Planning Commission, Boards of
Supervisors and City/Town Councils and noted that the people who serve are genuinely
concerned about serving the Roanoke Valley, and that he was very proud of the Roanoke
County Board of Supervisors. He pointed out that everyone needs to realize that it is "all
about public service" and to treat everyone with courtesy.
IN RE:
ADJOURNMENT
At 9:04 p.m. Vice Chairman Minnix adjourned the meeting to Thursday, July
6, 2000 at 9:30 a.m. at the Administration Center for a meeting with the Honorable Bob
Goodlatte, U. S. Congress.
Mr. Hodge asked for items to discuss at the July 6 meeting and advised that
there would be an update from Congressman Goodlatte on federal legislation, and that 1-73
would be discussed. Supervisor Minnix asked that federal funding for school construction
be added to the agenda.
Submitted by,
Approved by,
June 27, 2000
413
~~~
Mary H. Allen, CMC/AAE
Clerk to the Board
I/lÞ, ./ ~
. Od." 'F'-:!:;-#if(", . f
Vice Chairman
414
June 27, 2000
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