Loading...
HomeMy WebLinkAbout12/19/2000 - Regular December 19, 2000 715 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 19, 2000 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday and the second regularly scheduled meeting of the month of December, 2000. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS ABSENT: STAFF PRESENT: Chairman Joseph McNamara, Vice Chairman H. Odell "Fuzzy" Minnix, Supervisors Joseph B. "Butch" Church, Bob L. Johnson, Harry C. Nickens None MEMBERS PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator IN RE: OPENING CEREMONIES The invocation was given by The Reverend Dusty Fiedler, Covenant Presbyterian Church. 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 an item to the Closed Meeting pursuant to Section 2.1- 344 A (7) briefing by counsel and staff with respect to Salem Vent Performance 716 December 19, 2000 agreement. Mr. Mahoney added two items to the Closed Meeting pursuant to Section 2.1-344 A (3) briefing with respect to proposal to dispose of publicly held real estate; and an item after the work session on McDonald Farm and pursuant to Section 2.1-344 A (7) briefing by counsel and staff concerning terms and conditions of agreement pursuant to McDonald Farm. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS L Recoanition of Police Department for reaccreditation. Mr. Hodge advised that the Police Department received reaccreditation for another three year period on December 2, 2000. Chief Lavinder described the reaccreditation process, introduced and thanked the staff from the Police Department present, as well as the other members of the Police Department. Chairman McNamara presented the certificate from the Commission of Accreditation to Chief Lavinder and Assistant Chief Terrell Holbrook, Assistant Chief Jack McCorkle, Sgt. Phil Patrone, Sgt. Linda Payne and Officer Nancy Sabados, who is replacing Sgt. Payne as the new Accreditation Manager. Mr. Hodge also thanked Assistant County Administrator John Chambliss who worked with Police Department in preparation for reaccreditation. At Supervisor Nickens' request, Sgt. Payne introduced her son, John Michael, who was present. IN RE: BRIEFINGS L Annual Briefina by the Blue Ridae Community Services Board (BRCS) of Directors. (Rita Gliniecki. Roanoke County Board Member) Ms. Gliniecki, Chairman of the Roanoke County Community Policy and December 19, 2000 717 Management Team, and one of the three representatives on the Board of Directors of the BRCS, presented their annual report. She introduced Jim Sikkema, BRCS Executive Director, and reported that the BRCS staff delivered over 109,000 units of service to more than 2,600 County residents; that the County's local matching contribution to the agency for FY 2000 was $79,332; and that County residents received $31.26 worth of services for each tax dollar allocated to the BRCS. Mr. Sikkema responded to several questions from the Board. IN RE: NEW BUSINESS L Consideration of the petition of DePaul Family Services. Inc. to adopt a resolution supportina its request to the Virainia General Assembly to exempt from taxation certain property owned by DePaul in the County of Roanoke. (Paul Mahoney, County Attorney) (CONTINUED FROM NOVEMBER 14. 2000) R-121900-1 Mr. Mahoney advised that this matter was brought up at the November 14, 2000 meeting at which time a public hearing was held. The Board held the public hearing and deferred action to request additional information and so that the Board members could meet with the officials at DePaul and possibly tour the facility. A site plan has been proYided to show the location of the property and information about salaries and staffing levels is contained in a letter from Mr. Herb Beskar, Executive Director. There were also questions about other commercial operations that may have been conducted at the facility in the past and that research has been provided. Mr. Beskar who was present responded to inquiries from the Board members. After discussion, Supervisor Minnix requested that a policy be established 718 December 19, 2000 - for 501 C non-profit corporations seeking to receive exempt tax status and suggested that a work session be held. 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 121900-1 TO THE GENERAL ASSEMBLY SUPPORTING TAX EXEMPTION OF PROPERTY OWNED BY DEPAUL FAMILY SERVICES, INC. AND USED FOR ITS CHARITABLE, EDUCATIONAL, AND RECREATIONAL PURPOSES ON A NON-PROFIT BASIS WHEREAS, DePaul Family Services, Inc. (DePaul) has petitioned this Board for support of a bill to be introduced at the 2001 Session of the Virginia General Assembly to exempt certain property of DePaul from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; and WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Foundation's request was held by the Board on November 14, 2000, and continued until December 19,2000; and WHEREAS, the provisions of subsection B of Section 30-19.04 of the 1950 Code of Virginia, as amended, have been examined and considered by the Board; and WHEREAS, DePaul agrees that the property to be exempt from taxation is the property of DePaul Family Services, Inc. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That, in accordance with Section 30-19.04 of the 1950 Code of Virginia, as amended, the Board supports an exemption from taxation under Article X, Section 6 (a)(6) of the Constitution of Virginia of property owned and used by DePaul Family Services, Inc. for its charitable, educational, and benevolent purposes. This resolution is adopted by the Board after holding a public hearing with respect hereto as to which public notice was given and at which citizens had an opportunity to be heard. In adopting this Resolution, the Board has examined and considered the provisions of subsection B of Section 30-19.04 of the 1950 Code of Virginia, as amended. The assessed value of the property owned and used by DePaul is $759,900 and the property tax is $8,586. The Tax Parcel No. of the property owned by DePaul is 28.13-1- 27.3. 2. The Clerk is directed to forward an attested copy of this Resolution to the Chairman of the Committee of the General Assembly considering the designation of property to be exempt from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia, to the Commissioner of the Revenue and the Treasurer for Roanoke County, and to DePaul Family Services, Inc. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: December 19, 2000 719 AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None £, Reauest for approval of the application of North Cross School to the Industrial Development Authority of the City of Salem. VA for issuance of revenue bonds not to exceed $8.000.000. (Elmer Hodae. County Administrator) R-121900-2 Mr. Hodge advised that North Cross School is an independent, non- sectarian coeducational day school for students in Junior Kindergarten through Grade 12. The school was founded and originally located in the City of Salem, and has been located on Colonial Avenue in Roanoke County for many years. The school is a partner with the County Parks & Recreation Department for use of their facilities. The school is applying for Industrial Development Authority Bonds through the City of Salem so that they can get "bank qualified" bonds. "Bank qualified" debt is a special category of debt that is only available to small issuers (those that issue under $10 million in a calendar year). The Salem City Council heard the request on December 11, 2000 and voted to approve the financing. There is no fiscal impact to the County because the bonds specifically provide that no political subdivision is obligated to pay the principal or interest on the bonds or any other costs. 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 121900-2 APPROVING THE APPLICATION OF NORTH CROSS SCHOOL TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SALEM, VIRGINIA FOR ISSUANCE OF REVENUE 720 December 19, 2000 BONDS NOT TO EXCEED $8,000,000 WHEREAS, The Industrial Development Authority of the City of Salem, Virginia (the "Authority") has considered the application of North Cross School (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount not to exceed $8,000,000 (the "Bonds") to assist in financing the construction, expansion, renovation and equipping (including landscaping) of various buildings and other facilities on the Borrower's campus (the "Project"), which is located at 4254 Colonial Avenue, S. W " in Roanoke County, Virginia (the "County"), and which Project will be owned and operated by the Borrower, and the Authority has held a public hearing thereon; and WHEREAS, it has been requested that the Board of Supervisors (the "Board") of the County approve the financing of the Project and the issuance of the Bonds, and such approval is required for compliance with Section 147(f) of the Internal Revenue Code of 1986, as amended; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. The Board approves the financing of the Project and the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by said Section 147(f), to permit the Authority to assist in the financing of the Project. The Board concurs with the resolution adopted by the Authority on November 1,2000 with respect to the Bonds and the Project. 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower or otherwise indicate that the Project possesses any economic viability .The Bonds shall provide that neither the Commonwealth of Virginia (the "Commonwealth") nor any political subdivision thereof, including the County, the City of Salem (the "City") and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the County, the City and the Authority, shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. 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 1, Reauest to approve a Reimbursement Aareement with Exaauaria Corporation for Hanaina Rock Estates off site sewer in the Catawba Maaisterial District. (Garv Robertson. Utility Director) Mr. Mahoney presenting the report for Mr. Robertson asked that the Board December 19, 2000 721 defer action until the next meeting because there are still two issues that need to be negotiated and included in the agreement. One issue is to add Hanging Rock Estates LLC to the agreement and secondly, to secure a release of all claims that Hanging Rock and Carlson Associates have against the County. Supervisor Johnson advised that he had several questions which he would like answered before considering approval. These included: (1) What is Exaquaria Corporation and who are the principals? (2) Asked that staff tally exactly how much money has been spent by everyone, including engineering costs, legal fees, meetings with banks, bankruptcy hearings, Chapter 11 proceedings, for this subdivision. (3) Can the County withhold the reimbursement or bring up other items or issues? (4) When this is brought back for a vote, possibly in February, 2001, could information be provided about how many lots have been sold and how many building permits have been issued? and (5) How has the oversized sewer helped the County? Supervisor Church moved to defer the item until the first meeting in January subject to the organizational meeting and adoption of meeting dates. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Supervisor Minnix moved to approve the first reading and set the second reading and public hearing for January 23, 2001, subject to the organizational meeting and adoption of meeting date. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix 722 December 19, 2000 NAYS: None L First readina of ordinance to obtain a Special Use Permit for reliaious assembly, located at 5422 Starkey Road. Cave Spring Maaisterial District. upon the petition of Trustees of the Korean Baptist Church. l, First readinQ of ordinance to obtain a Special Use Permit for mini warehouses, located at 4520 Barlev Drive. Catawba Maaisterial District. upon the petition of Jerry Letterman. IN RE: FIRST READING OF ORDINANCES L First readina of ordinance authorizina the vacation, quit-claim and release of a portion of an existina 100-foot drainage easement shown on 'Plat Showina New Drainaae Easement Beina Granted to County of Roanoke'. Plat Book 13. Paae 59. on property owned by DFC Roanoke. LLC. and located in the Hollins Maaisterial District. Development Director) (Arnold COVey, Community Mr. Covey advised that this is the first reading of a proposed ordinance to approve the vacation, quit-claim and release of a portion of an exiting 100' drainage easement as requested by DRC Roanoke, LLC to allow the construction of its proposed multi-family development, referred to as The Orchards Apartment Homes. F&W Community Development Corporation subdivided the original tract of land over which the drainage easement was granted. He requested that the Board approve the first reading of the proposed ordinance. Supervisor Johnson moved to approve the first reading and set the December 19, 2000 723 second reading for January 9, 2001, subject to the organizational meeting and adoption of meeting dates. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, McNamara, Church, Nickens, Minnix None IN RE: SECOND READING OF ORDINANCES L Second readina of ordinance authorizing creation of and financina for a Local Public Works Improvement Proiect: Webster Road Water Proiect located in the Hollins Maaisterial District. (Gary Robertson. Utility Director) 0-121900-3 Mr. Robertson advised that there were some questions at the first reading of this ordinance and he would like to clarify those issues. This project covers only the six original petitioners because when staff looked at the bigger area of 95 properties, they received little response. Another issue was whether a project should be considered for water quality issues as opposed to water quantity, and he explained the reasons why water quality in this area can be a health concern, and the project should move forward. He advised that properties at 8116 and 8110 Webster Drive are served by a single well located at 6723 Labun Road and since that property owner is now on County water, they have been told they must either get County water or drill wells. 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 121900-3 AUTHORIZING THE CREATION OF AND 724 December 19, 2000 FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, WEBSTER ROAD WATER PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the Webster Road community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on December 5, 2000, and the second reading was held December 19, 2000; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for the Webster Road community. The total construction cost of this public " db$44550 b"'IIt' fll water project IS estimate to e ,to e Initially .¡nanced as 0 ows: Citizen Participation (5 at $4,455 each) $22,275 Advance from Public Works Participation $22,275 Fund TOTAL $44,550 That there is hereby appropriated for this project the sum of $22,275 from the Public Works Participation Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Water Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Webster Road Waterline Petition Project, December 5, 2000" prepared by the Roanoke County Utility Department and identified as Exhibit 1. The Webster Road Waterline Project Area is created for a period of ten (10) years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area by paying at a minimum the sum of $5,800 ($4,455 toward construction costs plus [$30 x length of road frontage in excess of 250 feet], plus $1,345 toward the off-site facility fee) said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area, who elect to participate on or before 90 days from the date of the adoption of this ordinance, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: (a) The total amount per property owner/residential connection may be financed for 10 years at an interest rate of 8% per annum. December 19, 2000 725 (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Cierk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the propertý of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. Property owners who wish to participate after the deadline set out in paragraph 3 (other than new property owners) shall pay a minimum of $5,346 ($4,455 construction costs plus 20% plus $30 x length of road frontage in excess of 250 feet) plus the off-site facility fee in effect at that time. 5. That the payment by citizens in the project service area who elect to participate shall be made to the Public Works Participation Fund. Any off-site facility fee collected on this project shall be returned to the Water Fund. 6. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 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 & Second readina of ordinance ratifvina and approYina a contract of sale with Billy B. Guthrie and Barbara B. Guthrie for the purchase of 2.797 acres of land beina the westerly portion of property (Tax Map No. 97.05-1-3) and authorizina the acquisition and acceptance for parks and recreation purposes and located in the Cave Sprina Maaisterial District. Haislip, Director. Parks. Recreation & Tourism) {Pete 0-121900-4 Mr. Haislip advised that this is the second reading of an ordinance to authorize the purchase of land from the Guthrie family. This property is located adjacent to the new South County Park, and would allow for re-Iocation of the south 726 December 19, 2000 county maintenance shop, currently located at Penn Forest Elementary School, and development of other facilities. There have been no changes since the first reading. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 121900-4 RATIFYING AND APPROVING A CONTRACT OF SALE WITH BILLY BUCK GUTHRIE AND BARBARA B. GUTHRIE FOR THE PURCHASE OF 2.797 ACRES OF LAND, BEING THE WESTERLY PORTION OF PROPERTY IDENTIFIED ON THE ROANOKE COUNTY LAND RECORDS AS TAX MAP NO. 97.05-1-3, AND AUTHORIZING THE ACQUISITION AND ACCEPTANCE OF SAID REAL ESTATE FOR PARKS AND RECREATION DEVELOPMENT PURPOSES (CAVE SPRING MAGISTERIAL DISTRICT) WHEREAS, Billy Buck Guthrie and Barbara B. Guthrie are the owners of a parcel of real estate situate in the Cave Spring Magisterial District of the County of Roanoke, Virginia, consisting of four (4) acres, more or less, located at 6453 Merriman Road, and identified on the Roanoke County Land Records as Tax Map No. 97.05-1-3, which is adjoins the new South County Park property owned by the Board of Supervisors; and, WHEREAS, Roanoke County staff has negotiated and executed a contract of sale, dated November 27,2000, for the purchase of the westerly 2.797 acres of said parcel to accommodate additional facility development for the Park and the relocation of the south county maintenance shop, subject to the approval of the Board of Supervisors; and, WHEREAS, the contract provides for payment of a purchase price of $48,000.00, installation of a tree buffer along the new boundary line at an estimated cost of $1,000, and payment of approximately $2,000 in closing costs and fees, including expenses of the sellers; and, WHEREAS, park and recreation uses constitute a valid public purpose for the expenditure of public funds; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on December 5, 2000; the second reading was held on December 19, 2000. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the contract of sale, dated November 27,2000, with Billy Buck Guthrie and Barbara B. Guthrie for the purchase of the westerly 2.797 acres of a 4-acre parcel of real estate situate in the Cave Spring Magisterial District of the County of Roanoke, Virginia, located at 6453 Merriman Road, and identified on the Roanoke County Land Records as Tax Map No. 97.05-1-3, is hereby ratified and approved. December 19, 2000 727 2. That acquisition and acceptance of the parcel, referenced above, from Billy Buck Guthrie and Barbara B. Guthrie, is hereby authorized and approved, said parcel being more particularly described as follows: All that certain tract or parcel of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the Cave Spring Magisterial District of the County of Roanoke, Virginia, consisting of 2.797 acres, more or less, as shown highlighted and designated as "PORTION OF TAX #97.05-1-3 - 2.797 AC." on 'Plat Showing The Subdivision Of (4.060 Acres) And Combination Of (50.475 Acres) Being The Property of The Board Of Supervisors Of Roanoke County...' dated August 18, 2000, prepared by Lumsden Associates, P.C., a partial copy of which is attached hereto as Exhibit A. 3. That the sum of Forty-Eight Thousand Dollars ($48,000.00) for the acquisition of this real estate and the sum of Three Thousand Dollars ($3,000.00) for related expenses, including tree buffer costs, the environmental audit, recordation fees, legal fees, title insurance and aU other closing costs, is available in the Parks and Recreation Department budget. 4. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as may be necessary to accomplish this acquisition and accept the property, all of which shall be approved as to form by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: APPOINTMENTS L Social Services Advisory Board Supervisor Johnson requested that an expression of appreciation be sent to Bob Lewis for his service on this Board. IN RE: CONSENT AGENDA R-121900-5: R-121900-5.a: R-121900-5.e Supervisor Minnix requested that a letter of appreciation be sent to the Salem Rotary Club for their donation. 728 December 19, 2000 '= Supervisor McNamara moved to adopt the Consent Resolution. motion carried by the following recorded vote: AYES: NAYS: The Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 121900-5 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 December 19, 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 9, inclusive, as follows: 1. Approval of minutes for October 24, 2000. 8. 9. 2. Resolution of Appreciation upon the retirement of Audrey Bower, Community Development Department, after more than 15 years of service. 3. Confirmation and ratification of committee appointments to Blue Ridge Community Services Board of Directors, Roanoke County Cable Television Committee, and Roanoke Valley Regional Cable TV Committee. 4. Acceptance of $1,000 donation from the Salem Rotary Club to support the Police Department's School Services Unit. Acceptance by Police Department of $18,000 grant from Department of Motor Vehicles selective enforcement on Interstate 81. 5. 6. Request for acceptance of Peace Lane into the Virginia Department of Transportation Secondary System. Acceptance of water and sewer facilities serving The Groves, Sections 5 and 6. . 7. Acceptance by County Schools of $6,720 grant from the Virginia Department of Education to support mentor teacher program. Transfer of funds from Sewer Surplus to Sewer Repair and Replacement Fund. December 19, 2000 729 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 McNamara to adopt the Consent Resolution,. and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None RESOLUTION 121900-5.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF AUDREY J. BOWER, COMMUNITY DEVELOPMENT DEPARTMENT, AFTER MORE THAN FIFTEEN YEARS OF SERVICE WHEREAS, Audrey J. Bower was first employed by Roanoke County on September 3, 1985 as a secretary in the Engineering and Planning Department; and also served as Planning Projects Coordinator; and WHEREAS, Ms. Bower retired from Roanoke County on October 1, 2000 as a Program Support Specialist with the Community Development Department after more than fifteen years of service; and WHEREAS, Ms. Bower served as the Recording Secretary for the Roanoke County Planning Commission; and WHEREAS, Ms. Bower, as Recording Secretary for the Planning Commission, played the crucial role of ensuring that the Planning Commission agendas, legal ads, and bi-monthly packets of information were correctly prepared and timely distributed; and WHEREAS, Ms. Bower, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to AUDREY J. BOWER for more than fifteen years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor McNamara to adopt the resolution, and carried by the foliowing recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None RESOLUTION 121900-5.e REQUESTING ACCEPTANCE OF PEACE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form SR-5(A), fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, 730 December 19, 2000 = WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive storm water detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE iT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: IN RE: Supervisor McNamara None Required Supervisors Johnson. Minnix. Church. Nickens. McNamara None None REQUESTS FOR WORK SESSIONS L Reauest for Board Retreat on January lL. 2001. (Elmer Hodae, Countv Administrator) Mr. Hodge advised that tentative plans have been made to have the Board Retreat on January 27, 2001, at the Moody Center, Hollins University. Chairman McNamara advised that the focus of the meeting would be on economic development. Dr. Nickens advised that he would iike to schedule time to discuss the other County needs for 2001 with staff at an appropriate time. It was the consensus of the Board to schedule the Board Retreat for January 27,2001 at Hollins University, Moody Center. ~ Reauest for Work Session !tl first meeting In January. 2001 on Stormwater Phase !l.. National Pollutant Discharge Elimination Svstem Reauirements. (Georae Simpson. Community Development Assistant Director) December 19, 2000 731 A work session was scheduled for the first meeting in January, 2001, subject to the organizational meeting and adoption of meeting dates. ~ Reauest for Work Session at first meetina in January. 2001 on Redistrictina. (Paul Mahoney. County Attorney) A work session was scheduled for the first meeting in January, 2001, subject to the organizational meeting and adoption of meeting dates. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None L ~ ~ ~ IN RE: General Fund Unappropriated Balance Capital Fund Unappropriated Balance Board Continaency Fund Future School Capital Reserve ~ Chanaes 1Q Secondary System Qf State Hiahways as Qf December. 2000 §. L. Account Paid: November 2000 Review Qf October ~ 2000 Board Action 1Q appropriate fundina and positions for twenty additional fire fiahters. CLOSED MEETING 732 December 19, 2000 At 4:15 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 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, McNamara None IN RE: WORK SESSIONS Chairman McNamara announced that the order of the work sessions was being changed and that the second scheduled work session with the Town of Vinton would be held first. L Work Session ÌQ consider Town Qf Vinton's reQuest for Roanoke County participation in the McDonald Farm Business Park. (Elmer Hodge. County Administrator) The work session was held from 4:20 P.m. until 4:35 p.m. and was presented by Melinda Cox, Economic Development Specialist; Vinton Town Manager Clay Goodman, and Vinton Mayor Don Davis. There was considerable discussion concerning the history of the project including the rezoning of the property, Vinton's equity of $1.5 million in the property and plans for another $500,000 for roads and infrastructure improvements, and the County's share since this is a joint venture. Mr. Hodge advised that this project is mentioned in summary form in the Vinton Gainsharing Agreement but as advised by Mr. Mahoney, a separate agreement needs to be approved by Vinton and the County. It was the consensus of the Board for staff to present a request at the evening session for the Board to appropriate $500,000 as the County's share for this project. December 19, 2000 733 b Work Session on Clearbrook rezonina. County Planner) (Terry Harrinaton. The work session was held from 4:35 p.m. until 4:55 p.m. and preseflted by Mr. Harrington. There was a discussion of the zoning and community plan changes proposed for Clearbrook including VDOT access and the need for water and sewer which is being requested at the evening session. ~ Work Session on fundina for Roanoke River Greenwav. (Pete Haislip. Parks. Recreation ~ Tourism Director. and Liz Belcher. Greenway Coordinator) The work session was held from 4:55 p.m. until 5:20 p.m. and a power point presentation was made by Mr. Haislip and Ms. Belcher outlining the proposed plan of action for the planning and construction of the Roanoke River Greenway in the County. A joint County and Salem TEA-21 grant of $300,000 has been awarded and $175,000 of this grant has been dedicated for the Green Hill Section. Salem will use the remaining $125,000 to design and engineer the remainder of the Roimoke River trail project in Salem. The grant required a 20% match from the localities and $47,000 is needed from the County to move forward with the Green Hill section. For the East County portion of the trail, from the Wastewater Treatment Plant to Explore Park, staff has estimated the total cost of the project at $1,569,700. This includes a potential $400,000 bridge connection to Vinton, funds for right of way acquisition, planning and design, and construction. To verify these estimates and get other necessary information, they are requesting $30,000 from the County for the conceptual master plan for the eastern section. 734 December 19, 2000 ;= After discussion, it was the consensus of the Board that: (1) $47,000 will be approved to move forward with the Green Hill Section; (2) that staff is asked to contact Virginia Tech about completing a master plan and also to send out RFP's at the same time and (3) bring the results back to the Board at another meeting. ~ Work session ÌQ discuss chanaing Board meeting dates from Tuesdays ÌQ Mondays. (Paul Mahoney, County Attorney) The work session was held from 5:25 p.m. until 5:45 p.m. After discussion, Mr. Mahoney was directed to bring to the organizational meeting proposed calendars listing the second and fourth Mondays and second and fourth Tuesdays so that both schedule of dates could be considered for the 2001 Board meeting schedule. IN RE: CERTIFICATION RESOLUTION R-121900- Q At 7:05 p.m., Supervisor McNamara advised that the Closed Meeting was held from 5:45 p.m. until 7:00 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 121900-6 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. December 19, 2000 735 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: APPROPRIATION OF COUNTY SHARE FOR MCDONALD FARMS L Reauest approval QÍ appropriation QÍ $500,000 Roanoke County's share of construction costs for the 99.53 acres park proiect in East County known as McDonald Farm. (Elmer Hodge, County Administrator) A-121900-7 Chairman McNamara advised that the Board was adding this item for action as a result of discussion at the work session and closed meeting held earlier. Mr. Hodge advised that the Town of Vinton purchased the McDonald Farm fifteen years ago and has worked with the County as partners while planning the business park. This project was included in the Gainsharing Agreement which was adopted by the Board. The Town has $1.5 million in equity in the project and has requested that the County match the $450,000 that they have recently appropriated to begin development of the site. He asked that the Board appropriate $500,000 from the year end surplus fund as the County's share of the projected construction costs for Phase I development at McDonald Farm. This appropriation is contingent upon being able to add an addendum 736 December 19, 2000 to the Gainsharing Agreement. Mr. Mahoney will work with the Town Attorney over the next few weeks and bring the agreement back to the Board. Supervisor Nickens moved to approve the $500,000 appropriation from the year end surplus fund. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None IN RE: PUBLIC HEARINGS L Public hearing for citizen comment on Secondary Road System Six-Year Construction Plan for Fiscal Years 2001 throuah 2007 and the allocation ill funds for Fiscal Years 2001- 2002. (Arnold Covey. Community Development Director) Chairman McNamara advised that Mr. Covey would present the staff report and that Jeff Echols, Resident Engineer from the Virginia Department of Transportation was present. Mr. Covey advised that he was changing the order of the agenda items and requested approval of the Revenue Sharing Program first since it is a part of the Six Year Plan. He requested separate votes on these two items. w Approval ill proiects for Fiscal Year 2001-2002 Revenue Sharing Proaram. A-121900- ~ Mr. Covey advised that the Virginia Department of Transportation (VDOT) annually provides localities the opportunity to receive state matching funds for the construction, maintenance, and improvement to primary and secondary roads in the state's highway system. The State provides $15,000,000 for the matching program and limits localities to $500,000 each, and if more or fewer than 20 counties participate, the December 19,2000 737 County's share of money will be reduced/increased proportionately. The Revenue Sharing Program for FY 2001-2002 contains 61 projects totaling $1 million in construction improvements. The County and VDOT staff presented a proposed priority project list with maps and justifications for inclusion in the Revenue Sharing Program for FY 2001-2002 at the November 14, 2000 Board work session. Since there have been no requests to modify or change the priority list, staff is requesting the Board to approve the priority list for FY 2001-2002 Revenue Sharing Program; authorize the Chairman or County Administrator to sign the letter of intent; and defer appropriation of the funds ($500,000) until July 1, 2001. There were no citizens present to speak on this item. Supervisor Nickens moved to approve the projects. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None íQ1 Adoption 2f resolution for Secondary Road System Six- Year Construction Plan for Fiscal Years 2001 throuah 2007 and the allocation of funds for Fiscal Years 2001- 2002. R-121900.9 Mr. Covey advised that staff is requesting that the Board adopt a resolution approving the Secondary Road System Six-Year Construction Plan for Fiscal Years 2001-2007 and approve the allocation of funds for Fiscal Year 2001-2002. In accordance with the Code of Virginia, the Board is required to conduct a public hearing on the Secondary Road System Six-Year Construction Plan. This six year plan was presented at a work session on November 14, 2000, along with funding figures for the next five years and the distribution of this year's allocation ($3.56 million) among the 7J8 December 19, 2000 three funding categories (Countywide Items, Incidental Construction and Numbered Projects). As a result of the work session, one changes was made which was to remove Florist Road, priority number 10, since it was the consensus of the staff, VDOT and the Board that the intersection improvement of Florist Road and Williamson Road (Route 11) should be addressed at the time Williamson Road (Route 11) is improved. VDOT reallocated the funds assigned to Florist Road to the other numbered projects. There were no citizens present to speak on this item. Supervisor McNamara closed the public hearing and moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 121900-9 APPROVAL AND ADOPTION OF THE SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 2001-2007 AND APPROVAL OF THE ALLOCATION OF FUNDS FOR FISCAL YEARS 2001-2002. WHEREAS, a public hearing was held on December 19, 2000 to receive comments on the adoption of the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Years 2001-2007; and the adoption of the funding for Fiscal Years 2001-2002; and WHEREAS, the Board of Supervisors does hereby approve the adoption of the Secondary Road System Six-year Construction Plan for Roanoke County for Fiscal Years 2001-2007 and allocations for Fiscal Years 2001-2002 as set out on the attached Secondary System Construction program. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested to be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Secondary Road System Six year Construction Plan for Roanoke County for Fiscal Years 2001-2007 by the Clerk to the Board. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: CLOSED CAPTIONING December 19, 2000 739 Supervisor Johnson requested that Chairman McNamara announce the results of the vote afterwards for those people using Closed Captioning while viewing the meeting. IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCE L First readina of ordinance tQ vacate .1!. portion Qf .1!. 15-foot drainaae easement on Q@1 entitled "Subdivision Qf the Orchards, Section ~ Applewood". Plat Book i.. ~ 112. and further shown as "Existina ~ Drainaae Easement (P.B. i.. PG. 112)" in Plat Book U. Paae ~ located in the Hollins Maaisterial District. (Arnold Covey. Community Development Director) Mr. Covey advised that this is the same property discussed earlier today when the first reading of an ordinance was approved to vacate a 100 foot drainage easement for petitioners, DFC Roanoke, LLC, and F&W Community Development Corporation. The petitioners are owners of this property and are asking to vacate a 15 foot drainage easement to move forward with construction of a proposed multi-family apartments. He advised that this is an advertised public hearing. The easement is not needed since all the drainage on the site has been designed and handled. There were no citizens present to speak on this item. Supervisor Johnson moved to approve the first reading and set the second reading for January 9, 2001 (subject to dates approved at the organizational meeting). The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, McNamara, Church, Nickens, Minnix None 740 December 19, 2000 IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES L Second reading Qf an ordinance on the petition ill Roanoke County Board Qf Supervisors 1Q rezone nine parcels ill property in the Twine Hollow Road area Qf the Catawba Maaisterial District as follows: 74.43 acres owned Qï Salem Stone Corporation 1Q be rezoned from AG-3 and AR 1Q !.:1 Industrial: 70.50 acres owned Qï the Roanoke County Board ill Supervisors 1Q be rezoned from AG-31Q 1-1 Industrial: and 43.5 acres owned Qï Eneraetic Solutions to be rezoned from AG-3 ill !.:1 Industrial: 1Q implement the 1998 Roanoke County Community Plan Future Land Use Plan. (Terry Harrinaton, County Planner) Chairman McNamara announced that this petition had been withdrawn by the petitioners and that the second reading and public hearing would not be held. b. Second reading Qf ordinances on the petitions of the Roanoke County Planning Commission: Mr. Harrington gave a brief overview of the process to date and advised that seven months ago, staff began working with the Clearbrook citizens on a proactive approach towards the development and redevelopment of the Clearbrook community in setting standards for future commercial development. Supervisor Minnix appointed a Clearbrook Committee that has worked closely with staff to decide the type of future for their community and the best way to achieve it. Three planning and implementation documents have been created out of this process and he requested that the Board adopt these. The first ordinance is to amend the Community Plan to incorporate the December 19, 2000 74J design guidelines for the Clearbrook Village Overlay District. These are the policies for Clearbrook and not a zoning amendment. They are very defined with regard to the character of future development and will be used as a guide to evaluate future actions such as special use permits, rezoning and as a guide for private property owners to preparing developments. He advised that the second document is to amend the Roanoke County Zoning Ordinance to add a new overlay district called Clearbrook Overlay District. These standards would be applied on top of an underiying district. It is the ordinance that will define elements and set legal standards for things such as landscaping, signnage, lightning in the Clearbrook community. The third ordinance is for the rezoning of the land and the application of these standards. In the Clearbrook community, there is land currently zoned either AV, agricultural village, which allows very limited commercial district and five small parcels that are zoned AR, agricultural residential with no commercial rights. The third ordinance rezones all of this property to C-2, general commercial zoning district,' and simultaneously applies the Clearbrook Village Overlay District standards to create the C-2 Clearbrook Village Overlay District to guide the future development of the community. Mr. Michael Wray, 5650 Yellow Mountain Road, President of Clearbrook Civic League, announced the members of the Clearbrook Committee and recognized those who were present. On behalf of the Committee, he requested that the Board adopt the Clearbrook overlay as a supplement to the County Zoning Ordinance. The proposed overlay standards will allow the Clearbrook community to maintain a degree of control of the future nature and appearance of their community. 742 December 19, 2000 Mr. Glenn Prather, 7244 Back Creek Road, asked that the Board adopt the Clearbrook overlay and the three amendments. Mr. Harrington advised that there was a minor amendment to the overlay district on page 11 under exterior lightning, the Commission's recommendation is for .5 foot candle and not .2. Mr. Mahoney responded to Chairman McNamara's inquiry that three separate votes should be taken on these ordinances w Ordinance amending and re-enacting the Roanoke County Community Plan Qï the addition Qf design auidelines for the Clearbrook Village Commercial Overlay District. 0-121900-10 Supervisor Minnix thanked Mr. Wray, Mr. Prather and members of the committee for their assistance and moved to adopt the ordinance amending and re- enacting the Roanoke County Community Plan by the addition of design guidelines for the Clearbrook Village Commercial Overlay District. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 121900-10 AMENDING AND RE-ENACTING THE ROANOKE COUNTY COMMUNITY PLAN BY THE ADDITION. OF DESIGN GUIDELINES FOR THE CLEARBROOK VILLAGE COMMERCIAL OVERLAY DISTRICT WHEREAS, the Roanoke County Community plan was adopted in 1998 as a guide for future patterns of development in Roanoke County; and, WHEREAS, the Roanoke County Community Plan contains growth objectives and policies for the twelve community planning areas within the county including the Clearbrook community; and, - December 19, 2000 743 WHEREAS, Roanoke County has worked with the citizens of the Clearbrook community to clarify and refine the growth policies and objectives for their community for the purpose of guiding the location and character of future growth; and, WHEREAS, the citizens of Clearbrook, working in conjunction with Roanoke County did develop a set of design guidelines for the Clearbrook area; and WHEREAS, the intent of these guidelines, known as the Design Guidelines for the Clearbrook Village Commercial Overlay District is to establish recommended policies and standards for the character of future development within the Clearbrook area; and, WHEREAS, Clearbrook community meetings were held in July and November of 2000 to solicit community input on the guidelines; and, WHEREAS, the Roanoke County Planning Commission did hold a public hearing on December 5th, 2000 to receive community input on the guidelines, and did thereafter recommend to the Board of Supervisors that the guidelines be adopted as an amendment to the 1998 Roanoke County Community Plan; and, WHEREAS, legal notice and advertisement has been provided as required by law, and that the first reading of this ordinance was held on November 14, 2000, and second reading and public hearing was held on December 19, 2000. BE IT ORDAINED, by the Board of Supervisors of Roanoke County Virginia, that, 1. The 1998 Community Plan of Roanoke County, Virginia be, and hereby is, amended by the addition of the Design Guidelines for the Clearbrook Village Commercial Overlay District, dated December 5, 2000, and is reenacted with said guidelines. 2. That this ordinance shall become effective on January 1, 2001. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None ilù Ordinance amendina and re-enactina the Zonina Ordinance for Roanoke County Qy the àddition Qf the Clearbrook Villaae Overlay District. 0-121900-11 Supervisor Minnix moved to adopt the ordinance with the correction on page 11 amending and re-enacting the Zoning Ordinance for Roanoke County by the addition of the Clearbrook Village Overlay District. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None 744 December 19, 2000 ~ ORDINANCE 121900-11 AMENDING AND RE-ENACTING THE ZONING ORDINANCE FOR ROANOKE COUNTY BY THE ADDITION OF THE CLEARBROOK VILLAGE OVERLAY DISTRICT WHEREAS, the Roanoke County Zoning Ordinance was adopted in 1992; and, WHEREAS, good zoning practice requires that zoning ordinances be periodically evaluated and amended to ensure consistency with community values and updated community plan policies; and, WHEREAS, Roanoke County has worked with the citizens of the Clearbrook community to clarify and refine 1998 Roanoke County Community Plan growth policies and objectives for their community, and to develop zoning standards designed to implement these growth objectives and policies; and, WHEREAS, the Roanoke County Board of Supervisors did adopt, on December 19, 2000 amendments to the Roanoke County Community Plan that reflect these updated growth policies and objectives; and, WHEREAS, Clearbrook community meetings were held in July and November of 2000 to solicit community input on proposed zoning standards for the Clearbrook area; and, WHEREAS, the Roanoke County Planning Commission did hold a public hearing on December 5th, 2000 to receive community input on the proposed zoning standards, and did thereafter recommend to the Board of Supervisors that the proposed zoning ordinance changes be adopted; and, WHEREAS, legal notice and advertisement has been provided as required by law, and that the first reading of this ordinance was held on November 14, 2000, and second reading and public hearing was held on December 19, 2000. NOW, BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia that the zoning ordinance for Roanoke County Virginia be amended and reenacted as follows: A. 1. Amend Sec 30-6 by the addition of the following: SEC. 30-6 ESTABLISHMENT OF DISTRICTS Commercial Districts CVOD Clearbrook Village Overlay District 2. Amend Sec 30-58 by the addition of the following: SEC. 30-58 CVOD Clearbrook Village Overlay District Sec. 30-58-1 Purpose The purpose of the Clearbrook Village Overlay District is to promote future development that is consistent with the current character of Clearbrook, and with the Community Plan future land use map and policies for this area. Future development in this district should respect the character and historical context of the Blue Ridge December 19, 2000 745 Parkway, Clearbrook School, and other social and cultural resources in Clearbrook area. The Clearbrook area has adequate public facilities, good road access, suitable topography, and land available for development or redevelopment. Recognizing these factors, the plan, and this district promote the creation of the Village of Clearbrook. Commercial development consistent with these district standards and the Community Plan Design Guidelines for the Clearbrook Village Commercial Overlay District is encouraged, but strip commercial patterns of development are discouraged. Thus, the district allows a wide variety of commercial uses, but provides a high degree of emphasis on landscaping, building design, site design, and lighting and signage control. (A) (B) (A) Sec. 30-58-2 Creation of Overlay The Clearbrook Village Overlay District is created as an amendment to the official zoning map of Roanoke County. All regulations and standards contained herein shall apply to all parcels and land within the designated overlay district. The boundaries of the overlay district as shown on the official zoning map may only be amended by action of the Roanoke County Board of Supervisors pursuant to Section 30-14 of this ordinance. Sec. 30-58-3 Applicability and Administration The Zoning Administrator shall have the responsibility for determining compliance with these standards. In making any such determination, the Zoning Administrator shall consider the purposes of the Clearbrook Village Overlay District, and shall consider the extent to which the requested use or development substantially complies with the Design Guidelines for the Clearbrook Village Commercial Overlay District adopted as part of the Roanoke County Community Plan. If in the opinion of the Zoning Administrator, the use or deVelopment does not substantially comply with these design guidelines, the requested use or development shall, by decision of the Zoning Administrator, be considered a special use and shall require a special use permit pursuant to Section 30-19 of this ordinance. Sec. 30-58-4 Permitted Uses and Use Restrictions The uses permitted in the Clearbrook Village Overlay District shall be governed by the underlying zoning district in which the property is located as shown on the official zoning maps, except as otherwise modified below: (A) The following uses shall be prohibited within the Clearbrook Village Overlay District: 1. Civic Uses 746 December 19, 2000 Park and Ride Facility Public Assembly Commercial Uses 2. Automobile Rental/Leasing Automobile Dealership, Used Automobile Repair Services, Major Boarding Houses Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Kennel, Commercial Mini-warehouse Pawn Shop Recreational Vehicle Sales and Service 3. Industrial Uses 4. Recycling Centers and Stations Miscellaneous Uses (B) Parking Facility Broadcasting Towers Unless prohibited in 30-58-4(A) a Special Use Permit shall be required for all uses listed as a special use in the underlying zoning district. In addition, the following uses shall require a Special Use Permit within the Clearbrook Village Overlay District. An asterisk (') indicates additional, modified, or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Multi-Family Dweiling* Two-Family Dwelling' Commercial Uses 2. Agricultural Services' Automobile Repair Services Minor' Commercial Indoor Sports and Recreation Communication Services Construction Sales and Services' Gasoline Station Garden Center' Retail Sales' Veterinary Hospital/Clinic December 19, 2000 747 Sec. 30-58-5 Site Development Regulations The site development regulations required in the Clearbrook Village Overlay District shall be governed by the underlying zoning district in which the property is located as shown on the official zoning maps, except as otherwise modified below: (A) Maximum heioht ill structures 1. (B) Height limitations: a. Principal structures: 35 feet Accessory structures: actual height of principal structure. b. Maximum coveraae 1. 2. Building coverage: 50 percent of the total lot area. Lot coverage: 70 percent of the total lot area. Sec. 30-58-6 Special Regulations in the Clearbrook Village Overlay District The following special regulations shall apply within the Clearbrook Village Overlay District (A) (B) (C) (D) (E) Landscaping Required landscaping within the Clearbrook Village Overlay District shall comply with the standards contained in Section 30-92-4.1 of this ordinance. Signage Signage within the Clearbrook Village Overlay District shall comply with C-1 Sign District regulations, except as modified by Section 30-93-14 (F) of this ordinance. Lighting Lighting within the Clearbrook Village Overlay District shall comply with the provisions of Section 30-94 of this ordinance. Utilities All new utility lines and services within the Clearbrook Village Overlay District shall be located underground. Residential Use Types Residential Use Types within the Clearbrook Village Overlay District upon the date of the adoption of this ordinance shall not be deemed to be non conformities, and may be reconstructed, altered and/or enlarged consistent with the requirements contained in Section 30-58-5 of this ordinance. In addition, single family detached dwellings may be developed in the district on lots of record in existence on the effective date of this ordinance. Any dwelling constructed shall not be deemed to be a non-conformity. No new subdivisions for residential purposes shall be allowed within the Clearbrook Village Overlay District, 748 December 19,2000 except that Family Exemption subdivisions shall be permitted pursuant to Section 30-100-11 of this ordinance. (F) Parking All off-street parking, stacking and loading areas within the Clearbrook Village Overlay District shall comply with the provisions of 30- 91 of this ordinance, including construction standard provisions found in Section 30-91-6(A)1 Amend Sec 30-85 by the addition of the following: 3. Section 30-85-24.5 Retail Sales (A) In the Clearbrook Village Overlay District: 1. A special use permit shall be required for any retail use or development that exceeds fifty-thousand (50,000) square feet of gross floor area. When multiple buildings are proposed as part of a planned or phased development, square footage calculations shall be based upon the total size of all buildings planned or proposed. 4. Amend Sec 30-91-6 by the addition of the following: Section 30-91-6 (A) 1 1. Within the Clearbrook Village Overlay District, any parking areas or parking spaces provided in excess of the requirements of this ordinance, shall be constructed with a porous pavement material approved by the administrator. Gravel shall not be accepted as an approved porous material. 5. Amend Sec 30-92-4 by the addition of the following: Section 30-92-4.1 District Landscaping Provisions in the Clearbrook Village Overlay (A) Applicability 1. The following landscaping provisions shall apply to all property within the Clearbrook Village Overiay District 2. These standards shall be deemed to supplement, and be in addition to, standards found in Section 30-92 of this ordinance. (B) General Standards/Specifications 1. All landscape plans required for uses within the C/éarbrook Village Overlay District shall be prepared by a registered landscape architect, or certified nurseryman. - December 19, 2000 749 2. All landscaping shall be alive and in good condition at the time of planting. All landscaping shall be maintained, and replaced, as necessary to insure continued compliance with these provisions. 3. Where specified, all deciduous trees shall have a minimum caliper of 2.5 inches at the time of planting. Evergreen trees shall have a minimum height of 8 feet at time of planting 4. Where specified, all shrubs shall have a minimum height of 24 inches at time of planting. 5. Native species shall be use for a minimum of 50% of required plantings. A iisting of acceptable native species is available in the Department of Community Development (C) Site Landscaping 1. Landscaped areas shall be provided for the side and rear walls of all buildings. The width of these landscaped areas shall be sufficient to accommodate the required plantings. The following plantings shall be required: a. For buildings walls in excess of 15 feet in height, one tree shall be planted for every 20 lineal feet of building wall b. For building walls 15 feet or less in height, one tree shall be planted for every 30 lineal feet of building wall. Flexibility in the location of landscaped areas and the placemènt of the required trees shall be allowed for the purpose of implementing professionally designed landscape plans and for loading, service, or other similar areas. 2. Landscaping shall be provided along the main entrance façade of all buildings, providing a vegetative area between the building and parking areas. The size of the required front landscaped area shall not be less than 20 percent of the square footage of the front façade of the building. The landscaped area shall be professionally designed and planted with a mixture of trees, shrubs and groundcovers. Undeveloped areas between a building and a public or private right- of-way shall be landscaped with berms, trees, shrubs and groundcover. Landscaping plans for these areas shall incorporate a minimum of one large tree, three small trees and seven shrubs for every 30 feet of lot frontage. 3. All above ground stormwater management areas and facilities shall be landscaped with plant materials that are adaptable to being temporarily inundated with water. The facility shall be landscaped in order to create a 750 December 19, 2000 75% screening of the facility. A minimum of one-third' of all provided plantings shall be evergreen. 4. Landscaping shall be provided around the base of any freestanding sign proposed. The size of the landscaped area shall not be less than one and one-half (1.5) times the square footage of the sign. (D) Landscaping of Parking Areas 1. Where a new, expanded, or reconfigured parking area is proposed adjacent to a public or private street right-of-way, a planting strip shall be established between the parking area and the adjacent right-of-way. The planting strip shall have a minimum width of fifteen (15) feet. An earthen berm, with an average height of 2 feet shall be constructed within the planting strip. Within this strip, one large tree, (small if overhead utility lines are present) and nineteen shrubs shall be planted for every 30 feet of frontage. In addition, small trees or groundcovers shall be interspersed within the planting area. One-third of all plantings shall be evergreen materials. No uses shall be permitted within the planting strip except underground utility crossings, pedestrian/bike trails, stormwater management facilities which are an integral part of a landscaping plan, and signs as allowed in the district. 2. All parking areas shall incorporate raised interior landscaped areas for the purpose of visually enhancing parking areas. These areas shall be evenly distributed within the parking area and shall be provided in accordance with the following standards: a. One continuous landscaped median, with a minimum width of 10 feet, shall be installed between every four or less rows of parking, or, b. One landscaped peninsula or island with a minimum width of 10 feet shall be located between every 10 to 15 parking spaces. One large tree shall be planted for every 30 feet of continuous median, and shall be planted within every landscaped peninsula or island provided. However, at a minimum, one large tree shall be planted within the parking area for each 10 parking spaces provided. In addition, all parking lot landscaped areas shall include deciduous or evergreen shrubs. 6. Amend Sec 30-93 by the addition of the following: Section 30-93-14 (F) Overlay District Signage Provisions within the Clearbrook Village December 19, 2000 751 F) Clearbrook Village Overlay District. Signage within the Clearbrook Village Overlay district should be planned, designed and installed to complement a buildings architectural style. All signage within the Clearbrook Village Overlay district shall comply with C-1 Office District regulations with the following exceptions: 1. Lots within the Clearbrook Village Overlay District shall be allowed a maximum signage allocation not to exceed one (1) square foot of sign area per one (1) lineal foot of lot frontage. 2. Signage placed on a building wall shall occupy less than 5% of the façade area of that wall 3. All freestanding signs shall be of a monument design and shall meet the following criteria: . a. Monument signs, including their structure, shall not exceed seven (7) feet in height, or ten (10) feet in width. b. Signs shall be channel lit, ground lit, or top lit with a shielded light source so as to not cast light onto the path of traffic or on any adjacent road or property. 4. No establishment shall be allowed more than three (3) signs) 5. A maximum of two directional signs shall be allowed per lot, and no directional sign shall exceed two square feet in size. 6. District: The following signs shall be prohibited in the Clearbrook Village Overlay a. b. c. d. Off-Premises Signs Temporary Signs Portable Signs Roof Signs 7. Amend Sec 30-94 by the addition of the following: Section 30-94 Exterior Lighting (A) 2. Within the Clearbrook Village Overlay District, no freestanding light pole, including fixture, shall be more than 18 feet above grade. All exterior lights, including security lighting, within the district shall be down-lit or shielded so as not to direct glare onto adjoining streets or residential properties. The intensity at adjoining streets or residential properties shall not exceed 0.5 foot candles. That this ordinance shall become effective on January 1, 2001. B. 1. 752 December 19, 2000 On motion of Supervisor Minnix to adopt the ordinance with correction from 0".2 to 0.5 in Section 30-94, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None (ç} Ordinance amending and re-enacting the official Zoning Map Qf Roanoke County Qy the rezoning Qf sixtY-four parcels in the Clearbrook portion Qf Roanoke County from AV Aaricultural Village and AR Aaricultural Residential to C-2 Commercial and thereafter amending the official Zoning Map Qf Roanoke County Qy the addition and application Qf the Clearbrook Villaae Overlay District ÌQ sixty-six parcels Qf land in the Clearbrook section Qf Roanoke County. í.Bmy Harrinaton. County Planner) 0-121900-12 In response to Supervisor Nickens, Mr. Mahoney advised that if any citizens in this area already have their taxes frozen by qualifying County ordinance, this action will not affect them and their taxes will continue to be frozen. Supervisor Minnix moved to adopt the ordinance amending and re- enacting the official Zoning Map of Roanoke County by the rezoning of sixty-four parcels in the Clearbrook portion. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 121900-12 AUTHORIZING THE CREATION OF A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, STABLE ROAD WATER AND SEWER DISTRICT, APPROPRIATING FUNDS FOR THE CONSTRUCTION OF WATER AND SEWER FACILITIES THEREIN, IMPOSING AND ALLOCATING CERTAIN FEES OR ASSESSMENTS December 19, 2000 753 WITH RESPECT TO THE DEVELOPMENT OF PROPERTY LOCATED THEREIN WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, Sections 15.2-2243, 15.2-2400 and 15.2-2404, et seq. authorize the County to create and establish a general water and sewer improvement program for a designated area of the County having related and common sewer and water conditions, to install certain public works improvements, and to impose fees, charges and assessments for said improvements; and . WHEREAS, the extension of the public water and sewer systems and the creation of a special utility service district will alleviate public health and safety problems and promote economic development; and WHEREAS, the Board hereby establishes the "Stable Road Water and Sewer District"; and WHEREAS, the first reading of this Ordinance was held on November 14, 2000, and the second reading and public hearing was held December 19, 2000; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sewer and water extensions for the Stable Road community. That pursuant to the authority of Section 15.2-2243, the Board establishes a general water and sewer improvement program for the Stable Road community. The total construction cost of this public sewer project is estimated to be $418,766, to be assessed against the properties within the project service district as shown on the attached Exhibit A. That there is hereby appropriated for this project the sum of $418,766 from the General Fund Unappropriated Balance. 2. That the "Stable Road Water and Sewer District" is shown and designated on the attached plat entitled "Clearbrook Area Water and Sewer Service Districts" prepared by the Roanoke County Utility Department, dated November 2000 (Exhibit B). The Utility Department shall construct in and adjacent to the Project Service District sewer and water lines and appurtenant facilities as shown in the map of this area, and shall acquire easements for these lines and facilities. 3. That the owner, subdivider or developer of property located within the Project Service District shall, before or at the time of issuance of a building permit for the construction of any building or structure to be located on his .or her property which is to be the subject of development or subdivision, payor provide for the payment of a share of the cost of construction of the sewer and water facilities, as shown in Exhibit A. This is in addition to the connection fees and off-site facility fees that are imposed by the County. 4. In any case where a payment by the owner, subdivider or developer is required prior to construction of the sewer and water facilities, the amount paid by thè owner, subdivider or developer shall be held in an interest bearing account for the benefit of the owner, subdivider or developer until expended, or, in lieu of such payment, the Board of Supervisors may provide for the posting of a personal, corporate or property bond, cash escrow, letter of credit or other method of performance guarantee satisfactory to it conditioned on payment at commencement of such construction. 754 December 19, 2000 = 5. Any owner, subdivider or developer of property located within the project service district who pays a share of the costs of construction of the sewer and water facilities after completion of construction by the Utility Departmen.t shall pay such share of the cost of construction of said facilities together with interest on the unpaid balance of such share from the date of completion of such construction until paid, which interest shall be computed at the rate of 6 percent per annum. 6. That the payment by owner, subdivider or developer of property in the Project Service District shall be returned to the General Fund until such time as the advance has been repaid. 7. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 8. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None ~ Second reading Qf ordinance ÌQ establish i! utility service area in Clearbrook for Stable Road Water and Sewer Extension in the Cave Spring Maaisterial District. illID:ï Robertson. Utility Director) 0-121900-13 Mr. Robertson asked that the Board make a $500,000 investment in this area to be used for extending water and water to the Stable area and the remaining funds will be used for traffic signal lights and road and storm drainage improvements. Secondly, it will establish a special service area for this portion of Clearbrook and as these properties develop, a special fee has been assessed for their utilities so that the County will recover their investment. Supervisor Johnson asked that it be understood that this is a loan and not a direct grant and has to be repaid to the General Fund. Supervisor McNamara advised that this is an investment for the future and is possible because of surplus year end funds. There were no citizens present to speak on this item. December 19, 2000 755 Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 121900-13 AUTHORIZING THE CREATION OF A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, STABLE ROAD WATER AND SEWER DISTRICT, APPROPRIATING FUNDS FOR THE CONSTRUCTION OF WATER AND SEWER FACILITIES THEREIN, IMPOSING AND ALLOCATING CERTAIN FEES OR ASSESSMENTS WITH RESPECT TO THE DEVELOPMENT OF PROPERTY LOCATED THEREIN WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, Sections 15.2-2243, 15.2-2400 and 15.2-2404, et seq. authorize the County to create and establish a general water and sewer improvement program for a designated area of the County having related and common sewer and water conditions, to install certain public works improvements, and to impose fees, charges and assessments for said improvements; and WHEREAS, the extension of the public water and sewer systems and the creation of a special utility service district will alleviate public health and safety problems and promote economic development; and WHEREAS, the Board hereby establishes the "Stable Road Water and Sewer District"; and WHEREAS, the first reading of this Ordinance was held on November 14, 2000, and the second reading and public hearing was held December 19, 2000; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sewer and water extensions for the Stable Road community. That pursuant to the authority of Section 15.2-2243, the Board establishes a general w?ter and sewer improvement program for the Stable Road community. The total construction cost of this public sewer project is estimated to be $418,766, to be assessed against the properties within the project service district as shown on the attached Exhibit A. That there is hereby appropriated for this project the sum of $418,766 from the General Fund Unappropriated Balance. 2. That the "Stable Road Water and Sewer District" is shown and designated on the attached plat entitled "Clearbrook Area Water and Sewer Service Districts" prepared by the Roanoke County Utility Department, dated November 2000 (Exhibit B). The Utility Department shall construct in and adjacent to the Project Service District sewer and water lines and appurtenant facilities as shown in the map of this area, and shall acquire easements for these lines and facilities. 756 December 19, 2000 3. That the owner, subdivider or developer of property located within the Project Service District shall, before or at the time of issuance of a building permit for the construction of any building or structure to be located on his or her property which is to be the subject of development or subdivision, payor provide .for the payment of a share of the cost of construction of the sewer and water facilities, as shown in Exhibit A. This is in addition to the connection fees and off-site facility fees that are imposed by the County. 4. In any case where a payment by the owner, subdivider or developer is required prior to construction of the sewer and water facilities, the amount paid by the owner, subdivider or developer shall be held in an interest bearing account for the benefit of the owner, subdivider or developer until expended, or, in lieu of such payment, the Board of Supervisors may provide for the posting of a personal, corporate or property bond, cash escrow, letter of credit or other method of performance guarantee satisfactory to it conditioned on payment at commencement of such construction. 5. Any owner, subdivider or developer of property located within the project service district who pays a share of the costs of construction of the sewer and water facilities after completion of construction by the Utility Department shall pay such share of the cost of construction of said facilities together with interest on the unpaid balance of such share from the date of completion of such construction until paid, which interest shall be computed at the rate of 6 percent per annum. 6. That the payment by owner, subdivider or developer of property in the Project Service District shall be returned to the General Fund until such time as the advance has been repaid. 7. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 8. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None ~ Second reading gf ordinance Qf petition gf First Team Auto Mall 1Q obtain .1! Special Use Permit for Automobile Repair, Major. located £.t the northeastern corner gf Peters Creek and Barrens Road, Hollins Maaisterial District. ~ Harrinaton. County Planner) 0-121900-14 December 19, 2000 757 Mr. Harrington advised that is a request from First Team Auto Mall to allow construction of a major automobile repair service on their property at 6520 Peters Creek Road and on a portion of the 9.45 acre parcel housing the Hyundai and Suzuki dealerships. The Planning Commission recommended approval of the special use permit with four conditions. Architect and Engineer Craig Balzer, 6429 Spring Run Drive, and David Dillon from First Team Auto Mall were present and responded to questions from the Board. There were no citizens present to speak on this item. After discussion concerning the buffering of the site and that this area is designated a neighborhood conservation area, Supervisor Johnson moved to adopt the ordinance with an addition to Condition #1: "if any vegetation within this area is removed or otherwise destroyed due to wind, fire, disease, etc., the property owner shall have the responsibility to replace the vegetation in accordance with the Roanoke County screening standards." The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 121900-14 GRANTING A SPECIAL USE PERMIT TO FIRST TEAM AUTO MALL FOR MAJOR AUTOMOBILE REPAIR TO BE LOCATED AT THE NORTHEASTERN CORNER OF PETERS CREEK ROAD AND BARRENS ROAD (TAX MAP NO. 27.134-2), HOLLINS MAGISTERIAL DISTRICT WHEREAS, First Team Auto Mall has filed a petition for a special use permit for major automobile repair to be located at the northeastern corner of Peters Creek Road and Barrens Road (Tax Map No. 27.13-4-2) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 5, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 14, 2000; the second reading and public hearing on this matter was held on December 19, 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 First Team Auto Mall for major automobile repair to be located at the northeastern 758 December 19, 2000 corner of Peters Creek Road and Barrens Road (Tax Map No. 27.13-4-2) in the Hollins 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: (1) Along the entire property line (between the proposed facility and the property line adjacent to the Christian and Missionary Alliance Church) the existing vegetation shall remain intact 100 feet inward from that property line. If êDY veqetation within this area i.§ removed ill otherwise destroved due ÌQ wind. fi.@, disease. ~ the ~ owner shall have the responsibility ÌQ replace the veqetation in accordance with the Roanoke County screening standards. (2) On the exterior sides of the screening fence for the storage area for damaged vehicles the following additional plantings shall be required: One row of small evergreen trees, five feet at time of planting, with an ultimate height of not less than fifteen feet at maturity, one tree shall be planted every fifteen linear feet. (3) A row of small evergreen trees, five feet at time of planting, with an ultimate height of not less than fifteen feet at maturity, one tree shall be planted for every fifteen linear feet adjacent to the fire station property line that parallels the rear of the existing First Team Hyundai & Suzuki showroom and service building. (4) The development of the site shall be in substantial conformity with the concept plan prepared by Balzer & Associates, Inc. dated October 27,2000. 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 èonflict 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 addition to Condition #1, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None ~ Second reading Qf ordinance Qf petition Qf Tim L SnYder ÍQ rezone .574 acre located ill the 5200 block Qf Peters Creek Road from Co2 conditional. General Commercial ÍQ ~ General Commercial. Hollins Maaisterial District. Harrinaton. County Planner) íill!Y 0-121900-15 December 19, 2000 759 Mr. Harrington advised that this is a request to rezone a vacant .574 acre parcel in the 6200 block of Peters Creek Road to remove the conditions for possible future business construction. The Planning Commission recommended approval with no conditions. Mr. Tim Synder responded to questions from Supervisor Johnson concerning screening and buffering and advised that he plans to retain the buffering on the back boundary. He further stated that one of the reasons for this rezoning is that there is another vacant lot to the east of their property, and there have been discussions about purchasing that property. This would enlarge their space and give. them the ability to place a more suitable tenant on those two lots. There were no citizens present to speak on this item. 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 121900-15 TO CHANGE THE ZONING CLASSIFICATION OF A .574-ACRE TRACT OF REAL ESTATE LOCATED IN THE 5200 BLOCK OF PETERS CREEK ROAD (TAX MAP NO. 37.08-1-2) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C.2. GENERAL COMMERCIAL, UPON THE APPLICATION OF TIM T. SNYDER WHEREAS, the first reading of this ordinance was held on November 14, 2000, and the second reading and public hearing were held December 1'9, 2000; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 5, 2000; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing .574 acres, as described herein, and located in the 5200 block of Peters Creek Road (Tax Map Number 37.08-1-2) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2, General Commercial District, conditional, 760 December 19, 2000 ,- to the zoning classification of C-2, General Commercial District, removing conditions imposed on this property in June of 1987. 2. That this action is taken upon the application of Tim T. Snyder. 3. That said real estate is more fully described as follows: BEGINNING at a point on the north side of State Highway #117, 110.60 feet east of a concrete highway monument; thence N. 33 deg. 56' 30" W. 247.32 feet to an iron pin; thence N. 55 deg. 30' 10" E. 100.01 feet to an iron pin; thence S. 33 deg. 56' 30" E. 248.29 feet to an iron pin; thence S. 56 deg. 03' 30" W. 100 feet to the place of beginning, and as shown by a plat made by David Dick and Harry A. WAil, SCE, dated 3/11/66. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None §.., Second reading Qf ordinance adopting 1'! new cable television ordinance and approvina 1'! franchise agreement which renews the riaht Qf Blacksbura/Salem Cablevision Inc.. D/B/A Adelphia Cable Communications 1Q erect. construct. operate and maintain 1'! cable television system and repealing Ordinance 102594-12. (Joseph Obenshain. Sr. Assistant County Attorney) 0-121900-16 Mr. Obenshain advised that the date on page 2 of the franchise agreement for the expiration date of the franchise should be October 18, 2010. He advised that there were no changes from the first reading. He advised that Mr. Lon Carruth, General Manager of Adelphia, was present. Supervisor Nickens commended staff for their persistence in finalizing this agreement and expressed appreciation to Mr. = December 19, 2000 761 Carruth who will be moving to Charlottesville in two or three months to take another position with Adelphia. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 121900-16 ADOPTING A NEW CABLE TELEVISION ORDINANCE AND APPROVING A FRANCHISE AGREEMENT WHICH RENEWS THE RIGHT OF BLACKSBURG/SALEM CABLEVISION, INC., D/B/A ADELPHIA CABLE COMMUNICATIONS, TO ERECT, CONSTRUCT OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM (CATV) AND REPEALING ORDINANCE 102594-12 WHEREAS, Blacksburg/Salem Cablevision, Inc., doing business as Adelphia Cable Communications, currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia to operate a cable televison system within portions of Roanoke County as a counterpart to their operation of a cable television system within the City of Salem, Virginia; and WHEREAS, negotiations have continued over a period of several months in tandem with negotiations between Adelphia Cable Communications and the City of Salem for the renewal of this franchise which originally expired on October 4, 1999, and during which time Adelphia's franchise has been extended for successive periods of three months until January 1, 2001; and WHEREAS, these negotiations have produced agreement between Adelphia and Roanoke County as to the terms of a new cable televison ordinance and franchise agreement which will provide for a substantial upgrade and rebuild of Adelphia's cable system, for continued free cable service to county government buildings, for free internet service for schools and libraries in Adelphia's service area, for possible increase in the number of public government and educational access (PEG) channels, for continuation of the current five percent (5%) franchise fee payments based upon Adelphia's gross revenues from their cable service and for a substantial monetary grant to permit continued support for the county's educational goals; and WHEREAS, Blacksburg/Salem Cablevision, Inc. is prohibited by federal law from operating a cable televison system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, following adequate public notice, the first reading of this ordinance was held on December 5, 2000, and a public hearing and second reading of this ordinance was held on December 19, 2000, at each of which meeting the public was afforded opportunity for comment. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the attached Cable Television Franchise Ordinance be enacted as Title 7 -A of the Roanoke County Code and the County Administrator is 762 December 19, 2000 = hereby authorized to execute the attached Cable Televison Franchise Agreement or such other documents necessary to grant !'i non-exclusive franchise for the operation of a cable televison system in the County of Roanoke to Blacksburg/Salem Cablevision, Inc., d/b/a Adelphia Cable Communications. That "ORDINANCE 102594-12 AMENDING AND REENACTING ORDINANCE NO. 2308 WHICH GRANTS TO BOOTH AMERICAN COMPANY OF DETROIT, MICHIGAN, D/B/A SALEM CABLE TV, THE RIGHT, FOR THE TERM AND UPON CERTAIN CONDITIONS HEREIN STATED TO ERECT, CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISON (CATV) SYSTEM..." adopted October 25, 1994, is hereby repealed. That this Ordinance shall be in full force and effect on and after the first day of January, 2001. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 2. 3. IN RE. CITIZENS' COMMENTS AND COMMUNICATIONS Kristin B. Peckman, 8131 Webster Drive: Bob Peckman. 8131 Webster Drive: Benjy Barnhart. 5420 Linda Lane: and Suzanne Osborne. 1702 Blair Road spoke concerning the proposed Interstate-73 and advised that they are in support of the Transportation System Management (TSM) option of VDOT's Draft Environmental Impact Statement. They asked that the Board re-evaluate their position and support the TSM option. Comments are due on VDOT's statement by January 23, 2001. Supervisor Minnix encouraged the citizens to also contact their State and Federal representatives about this matter. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson: (1) He expressed concern about the reduced state funding for the coming year which will reflect on the budget. (2) He asked for an update on the status of water for the Stonegate subdivision in Botetourt County.. Mr. Hodge will provide him with the status. (3) He wished the Board members a happy holiday season. December 19, 2000 763 Supervisor Minnix: (1) He wished everyone holiday greetings. (2) He advised a citizen on Richland Boulevard that he would contact the Virginia Department of Transportation tomorrow and ask to have her road cleared from recent snow. Supervisor Church: (1) He advised that his first year in office went by extremely fast and he feels that much has been accomplished. He expressed appreciation to the citizens, staff and Board members for their help. He asked everyone to reflect on thoughtfulness, cooperation, forgiveness and love for each .other every day and not just during Christmas time. (2) He thanked Chairman McNamara for his leadership this year. Supervisor Nickens: (1) He asked for a projected delivery date of the new garbage trucks. Mr. Hodge advised that there was a delay but all four will be delivered in January, 2001, and expressed appreciation to the Board for approval of the purchase of the trucks. Supervisor McNamara: (1) He echoed Supervisor Johnson's concerns about the budget and economy slowdown but advised that the Board will work together for the citizens. (2) He humourously advised that only one of the Christmas cards he received was from an organization that is not directly or indirectly funded by the County. (3) He thanked the staff for their assistance during his year as Chairman, the Board members for their confidence, and the citizens for electing him to the Board, and advised that he thinks the best representation for the citizens is for the position of chairman to change each year. IN RE: ADJOURNMENT At 8:50 p.m., Chairman McNamara adjourned the meeting to 9:00 a.m. on Tuesday, January 2, 2001 for purpose of an organizational meeting. 764 December 19,2000 >- Submitted by, Approved by, ~ ~ . )h-urÞ--- Brenda J. H on, CMC Deputy Clerk to the Board