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HomeMy WebLinkAbout4/25/1995 - Regular ~ ~ April 25, 1995 263 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 April 25, 1995 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the I month of April, 1995. I IN RE: WORK SESSION ~ Work Session with Virqinia Department of Transportation on Road Improvements to Route 221. At 2: 05 p.m., Chairman Minnix called the work session to order with Supervisor KOhinke absent. Mr. Pete Sansabaugh, VDOT District Construction Engineer, briefed the Board on Corridors A, B, and C, that are being considered for making road improvements to Route 221. He pointed out the path of each corridor on the map and described the short-term Phase I and long-term Phase II of the project. He provided the Board members with written information for two lane and four lane alternatives for each corridor and several ~ "... 264 April 25, 1995 corridor variations. This information included cost estimates and the number of dwellings to be displaced. He advised that VDOT has scheduled the following meetings for citizen input: (1) informational meeting on April 27, 1995, starting at 5 p.m.; (2) public hearing, May 24, 1995, from 4 p.m. until 8 p.m., at Cave Spring Junior High School; and (3) public hearing, May 25, 1995, from 4 p.m. until 8 p.m., at Back Creek Elementary School. Also in attendance from VDOT were Jeff Echols, Resident Engineer; Scott Hodge, Assistant Resident Engineer; and Ronnie Griffin, Transportation Engineer Senior. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3: 05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Edward G. KOhinke, Sr., Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens (Arrived 3:07 p.m. ) MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend Samuel Crews, ~ þ I I ~ I I '/: X ,,~ ~ ~ April 25, 1995 265 Coopers Cove Baptist 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. Mahoney added an item to the Executive Session 2.1-344 (A) (3) to consider the disposition of publicly held real estate. Supervisor Nickens announced that th~ rezoning request for 2393 Hammond Drive had been continued until May 23, 1995, at the request of the petitioner, the Virginia Recreational Facilities Authority. IN RE: NEW BUSINESS ~ Approval of Health Insurance Contract for School and County employees. (Diane D. Hyatt, Director, Finance) Ms. Hyatt advised that the County requested bids to provide heal th insurance coverage for the County and School employees for 1995/96. The bids requested proposals for the basic comprehensive package currently offered and for alternative managed care programs. The County received responses from seven companies and a team of County and School employees reviewed these responses with the assistance of an outside consultant, Slabaugh, Morgan and Associates. Ms. Hyatt advised that the team~and staff are recommending approval of the two-tier health insurance contract with tier one being the current Trigon plan which would be offered to employees at the same cost as the 1994/95 plan. The second tier would be an option for ~ "... 266 April 25, 1995 þ the employees to select the Trigon Point of Service (Pas) Plan with a cost reduction of ten percent of the basic comprehensive premium. She advised that single coverage for the current Comprehensive Plan is $32.l8 per month, but for the Point of Service Plan, the single coverage costs would be $15.32 per month. Family coverage under the current Comprehensive Plan would be $175.02 per month, while family coverage for the Point of Service Plan would be $134.04 per month. Ms. Hyatt and Mrs. Whi te responded to questions from the Board members concerning the booklet prepared by Slabaugh Morgan which analyzed the bids that were received, and a book of providers for the P~S Plan which includes both Carilion and Lewis Gale physicians. Ms. Hyatt advised that this two-tiered contract would be presented to the School Board on Thursday night for approval, and that members of the School team were in favor of approval. Supervisor Johnson advised that he felt there should have been a work session on this item and suggested that it be delayed until a work session could be held. Ms. Hyatt and Ms. Julie White, from Slabaugh Morgan, responded to questions from the Board members about the advantages of the pas plan, the savings involved, and the time necessary for approval. Ms. Hyatt asked that the Board approve the contract at this meeting so that the information meetings with employees could be held in May and enrollment started June 1st. Supervisor Eddy moved to approve the contract. supervisor Nickens moved to amend Supervisor Eddy's motion and table approval of I I l ~ I I ~ April 25, 1995 267 the contract until an appropriate time in the evening portion of the meeting. The motion was defeated by the following recorded vote: AYES: Supervisors Johnson, Nickens NAYS: Supervisors KOhinke, Eddy, Minnix Supervisor Eddy withdrew his motion to approve the contract. Supervisor Minnix moved to table approval of the contract until later in the evening portion of the meeting. This motion was withdrawn with no vote. Supervisor Eddy moved to postpone approval of the contract until the evening portion of the meeting in order to hold a work session with action to follow. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Eddy, Nickens, Minnix Supervisor Kohinke ~ Request for reimbursement to General Services budget for expenses incurred for the citizen bulk/brush self- haul program. (Bill Rand, Director, General Services) A-42595-1 Mr. Rand advised that as a result of the tremendous requests for collection of debris from the ice storms Of 1994, the County initiated a program to allow County citizens to haul up to a pickup truck load of material to the transfer station free of charge. The program began in April, 1994, and has been expanded to allow disposal of any normal material resulting from a residential cleanup. He ~ "... 268 April 25, 1995 þ requested that the County reimburse the General Services budget for the total cost of the program to date which is $98,608. In response to a supervisor's question, he advised that General Services receives a printout of the license numbers of vehicles bringing materials to the landfill and will use that list to track excessive use. Supervisor Eddy suggested that the staff's recommendation be clarified to include that the program be continued into the next fiscal year. Supervisor Kohinke advised that he planned to vote against the motion because he thinks that there is a better way to handle brush pickup. Supervisor Johnson moved to approve the reimbursement and that the program be continued into the next fiscal year. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Eddy, Nickens, Minnix NAYS: Supervisor Kohinke I ~ Approval of donation of surplus personal computers and/or parts to Craiq County Public Schools. (Elaine Carver, Director, Procurement) A-42595-2 Ms. Carver advised that Craig county Public School~ recently requested a donation from Roanoke County of any surplus computers or computer components. She is recommending that six "8088" personal computers and/or parts which have been surplused by various County departments be donated to Craig County instead of being placed in the I l ~ I I ""I11III April 25, 1995 269 April 29, 1995 surplus auction. She advised that the other County departments and the School Administration have been contacted and they have no interest in retaining this equipment. She advised that the estimated value of the equipment is $100. Supervisor Nickens moved to approve the donation. The motion carried by the following recorded vote: - AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Approval of sale of surplus 1973 Ford tanker to Eaqle Rock Volunteer Fire Department. (Elaine Carver, Director, Procurement) A-42595-3 Ms. Carver advised that Eagle Rock Volunteer Fire Department has asked to buy the County's surplus 1973 Ford L-8000 Tanker for $3,500 in order to utilize the chassis for repair of their wrecked tanker. She is recommending that the County approve the sale rather than place the tanker in the April 29th surplus property auction, because the tanker has a minimal salvage value and a neighboring locality has a specific need for it. Supervisor Nickens moved to approve the sale of the surplus 1973 Ford Tanker to Eagle Rock Volunteer Fire Department for $3,500. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ "... 270 April 25, 1995 þ REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Kohinke moved to approve the first readings of the ordinances and set the second readings and public hearings for May 23, 1995, after discussion of Items 4 and 5. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: ~ Ordinance to rezone approximatelY 2.62 acres from C-2 Condi tional to AV in order to operate a contractors' storaqe yard, located at 7210 Franklin Road, Cave spring Maqisterial District, upon the petition of Kenneth McNeil. I ~ Ordinance authorizinq a Special Use Permit to expand Glenvar Hiqh School, located at 4549 Malus Drive, Catawba Maqisterial District, upon the petition of School Board of Roanoke County. ~ l Ordinance to rezone approximately 1.9 acres from C-l to I-2 to construct an office/sales/liqht manufacturinq facility, located adiacent to 3326 West Main Street, Catawba Maqisterial District, upon the petition of Jerry Mullins. I ""I11III April 25, 1995 271 ~ ~ Ordinance authorizinq a Special Use Permit to build a construction storaqe yard on the southeast corner of Route 220 and VA 674, Cave sprinq Magisterial district, upon the petition of Jim Walter Homes Inc. Supervisor Johnson questioned whether a special use permit for a construction yard should be authorized in an area where rural village zoning exists. Supervisor Eddy asked that this be clarified before the second reading of the ordinance. ~ Ordinance to rezone approximatelY 68.4 acres from AG-3 to AR to construct sinqle familY detached dwellinqs, I located beyond the terminus of Toddsbury Drive to the east, vinton Maqisterial District, upon the petition of Akfer corporation. Supervisor Nickens was concerned that staff felt that this rezoning should be subject to the Blue Ridge Parkway protection process which was recently used for the Boone and Musselwhite rezonings. He stated that he feels this rezoning has no impact on the Blue Ridge Parkway and invited the other Board members to view the property. .L. Ordinance to rezone approximately 1.23 acres from C-2 to R-l to allow continued use as a single family residence, located at 123 John Richardson Drive, Hollins Magisterial District, upon the petition of I ~ "... 272 April 25, 1995 þ Roanoke County Planninq Commission. FIRST READING OF ORDINANCES ~ Ordinance authorizinq conveyance of easements to Appalachian Power company and Bell Atlantic extendinq alonq Benois Road and across a surplus well lot. (John Willey, Property Manaqer) Mr. Willey advised that this is the first reading of an ordinance to convey utility easements because the Virginia Department of Transportation is expanding the right-of-way on Benois Road in the IN RE: Cave Spring District. In ordèr to do this, the existing easement for I APCO and C&P Telephone utility must be relocated. Supervisor Eddy moved to approve the first reading and set the second reading for May 9, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance declarinq .06 acre of real estate (Public Service Center) identified as Tax Map No. 36.03-1-1, located off Kessler Mill Road and Interstate 81, to be surplus and acceptinCr offer for sale. (John Willey, Property Manaqer) Mr. Willey advised that this is the first reading of an I ordinance to accept an offer from the Virginia Department of l ~ I I ~ April 25, 1995 273 Transportation of $1,020 for the sale of .06 acre for a right of way needed for the expansion of I-81 in Roanoke County. Supervisor Eddy moved to approve the first reading and set the second reading for May 9, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance authorizinq the lease of 10.40 acres of real estate to Eurman V. Wiseman, Jr. (John Willey, Property Manaqer) Mr. Willey advised that this is the first reading of an ordinance to authorize the lease of a dwelling on property at the Spring Hollow Reservoir to Eurman V. Wiseman for $425 per month for one year, beginning May 1, 1995. Supervisor Kohinke moved to approve the first reading and set the second reading for May 9, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: CONSENT AGENDA R-42595-4, R-42595-4.a Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix .... "... 274 April 25, 1995 þ NAYS: None RESOLUTION 42595-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM M - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: l. That the certain section of the agenda of the Board of Supervisors for April 25, 1995, designated as Item M - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of Minutes for March 14, 1995; March 28, 1995; March 29, 1995; and April 4, 1995. 2. Request for adoption of Resolution providing Notice of Intent to Abandon Secondary Route 1153 (Elmwood Lane). I 3. Donation of a 20-foot water line easement from Frank R. and Mary Elizabeth Radford to serve Heather Park Subdivision. 4. Donation of sanitary sewer easements in connection with development o,f Country Kitchen on Plantation Road by Plantation Development, L.C. 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 Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix I NAYS: None l ~ I I ! \ ~ ~ April 25, 1995 275 RESOLUTION 42595-4.a PROVIDING NOTICE OF INTENT TO ABANDON SECONDARY ROUTE 1153 (ELMWOOD LANE) WHEREAS, It appears to this Board that Secondary Route 1153, known as Elmwood Lane, from the eastern line of the right-of-way of Norfolk Southern Railway approximately 70.6 feet westerly to a pin set in the northerly line of Virginia Secondary Route 1153 at the southwest corner of a parcel designated Roanoke County Tax Number 54.04-02-09.1 and the southeast corner of a parcel designated Roanoke County Tax Number more particularly hereinafter 54.04-02-09, described, serves no public necessity and is no longer necessary as a part of the Secondary System of State Highways and should be abandoned pursuant to Section 33.1-151 of the code of Virginia of 1950, as amended; and, WHEREAS, the section of Virginia Secondary Route 1153 sought to be abandoned is described as follows: BEGINNING at the northeast terminus of Virginia Secondary Route 1153 (Elmwood Lane) at a point on the western right-of-way of property of Norfolk Southern Railway and the southeast corner of a 0.225-acre lot known as Tax Number 54.04-02-09.1; running thence along the northern line of Virginia Secondary Route 1153 north 63° OS" 41" E. to the southeast terminus of Virginia Secondary Route l153 on the westerly right-of-way of property of Norfolk Southern Railway; running thence along the westerly line of the No~folk Southern Railway property north 23° OS" E. 1 5.S6 feet to the point of BEGINNING. NOW, THEREFORE, BE RESOLVED, by the Board of Supervisors of Roanoke County, Virginia: 1. That this resolution shall constitute the intention of ~ "... 276 April 25, 1995 þ this Board to abandon the section of road described. 2. That the Clerk of the Board is directed to post a copy of this resolution, which constitutes notice of the Board's intent to abandon the above-described section of Virginia Secondary Route 11,53, in at least three places on and along the section of road sought to be abandoned for at least thirty (30) days and to cause publication of a copy of this resolution in at least two issues of the Roanoke Times & World-News and to forward a certified copy of this resolution to the Commonwealth Transportation Commissioner. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None I IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Eddv: He advised that he attended the dedication of the Garst Mill Park playground on Saturday, April 22, 1995. Supervisor Nickens: (1) He asked that the businesses be notified and asked to volunteer for the clean-up efforts at Route 419/Colonial Avenue. (2) He suggested that a dogwood tree be planted at a County youth facility in memory of the children who died in the Oklahoma City bomb disaster. Supervisor Johnson: (l) He advised that he has received complaints from the citizens in the LaBellevue subdivision about the proposed asphalt plant on Route 460 located in Roanoke City, and asked I l ~ ~ April 25, 1995 277 that the staff investigate. (2) He advised that the Tour DuPont will be on Roanoke County's Main street (Brambleton Avenue) on May 1st. Supervisor Minnix: He advised that he continues to receive calls about the method of brush/bulk pickup and is writing a memorandum about the possibility of amending that policy. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports after discussion of Items 6, 7, and 8. The motion carried by a unanimous voice vote. General Fund Unappropriated Balance Capital Fund Unappropriated Balance Board continqency Fund Statement of Revenues and Expenditures as of March 31, 1995. Statement of Treasurer's Accountability per Investments and Portfolio POlicy, as of March 31, 1995. Status Report on Cleanup of Illegal Dumps. Status Report on the Sanitary Sewer Evaluation/Rehabilitation (SSE/R) Proqram. Quarterly Report of Claims Activity for Self-Insurance Proqram. Reports from the Virqinia Department of Transportation Acknowledqinq Acceptance of Roads into the Secondary System: Acceptances Effective January throuqh March, ~ I ~ ~ ~ ~ .L. L. L. .L. I .... ,... 278 April 25, 1995 þ 1995, and 1994 Annual Report IN RE: RECESS Chairman Minnix declared a five-minute recess at 4:35 p.m. IN RE: WORK SESSION ~ Budget Work Session wi th Representatives from Human Service, Social Service, and Cultural Agencies. The work session began at 4:45 p.m. with the following representatives speaking on behalf of their organizations for funding in the proposed budget: 1. George Logan, One Market Square, Center in the Square 2. Martha Mackey, Roanoke Valley Convention & Visitors I Bureau 3. Peter Lampman, 412 Shenandoah Building, Virginia Amateur Sports 4. Briggs W. Andrews, Jefferson Center, Roanoke Symphony Society 5. Pam Keshner-Chappelear, Council of Commurii ty Services Information and Referral Center 6. Frank van Balen, One Market Street, Science Museum of Western Virginia 7. Debbie Denison, Roanoke Area Ministries 8 . Mr. J ere Lee HOdgin, One Market Square, Mill Mountain I Theatre ~ ""I11III ~ 9. Americans 10. Americans 11. Council 12. 13. 14. 15. Partnership ,I 16. April 25, 1995 279 Murry White, Vice-President Elect, the League of Older Anita Cronise, Case Manager, the League of Older John Williamson, 20 East Church Avenue, The Arts Kimberly McNair, 2929 Emissary Drive, Bethany Hall Fred P. Roessel, Jr., Blue Ridge Community services Dan Naff, 2728 Colonial Avenue, Big Brother/Big sisters Jean Glontz, Hawkbill Circle, Child Health Investment ~~I-r .~,; I Ellen L. Brown, Director of Human Resources, Total Action Against Poverty 17. Estelle Nichols, 1240 Third street, Bradley Free Clinic 18. Shannon Brabham, 3201 Brandon Avenue, Suite 1, Child Abuse Prevention Council 19. Kelly Vest-Skelly, Virginia Western, P. o. Box 14045, Natural Science Center 20. Mark Emick, Virginia Western Community College, P. o. Box 14045, for scholarship assistance 21. Rupert Cutler, Explore Park 22. Katherine F. Houck, 303 Norfolk Avenue, Virginia Museum of Transportation, Inc. 23. Connie Burnett, Executive Director, Gia Associate Director, and Bill Houck, Voluntary Finance Chair, Koehler, Roanoke .... ,... 280 April 25, 1995 þ Valley Trouble Center (TRUST) 24. Susan Baer, Director of Planning, 145 Campbell Avenue, Total Action Against Poverty 25. John Pendarvis, Executive Director, 2733 Greggin Drive, NE, Family Service of Roanoke Valley 26. Dana "!~Martin, ~' 5630,;Warwood Driye, Conflict Resolution .,~ :~ Center ,.. 27. Carol Key, P. O. Box 112, Roanoke Valley Court Appointed Special Advocate (CASA) 28. Beth Poff, 1826 Avon Road, SW, Mill Mountain Zoo 29. John Jennings, Director, 310 First Street, SW, Small 30. Maj or Dan Delaney, 824 Salem Avenue, SW, Salvation I Business Development Center Army 31. Rich Loveland, Executive Director, P. o. Box 1904, Roanoke Valley History Museum IN RE: EXECUTIVE ~ESSION . .....;m' Supervisor Johnson advised that because of a potential conflict of interest, he would be absent from the Executive Session. At 6:05 p.m., Supervisor Eddy moved to go into Executive Session pursuant to pursuant to the Code of Virginia section 2.1-344 (A) (3) to consider the disposition of publicly held real estate. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix I ~ ~ I I ;'í 0" ,. ~.'. ~~ " ~ April 25, 1995 281 NAYS: None ABSENT: Supervisor Johnson IN RE: CERTIFICATION OF EXECUTIVE SESSION R-42595-5 At 7: 05 p.m., Supervisor Eddy moved to return to Open Session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Johnson RESOLUTION 42595-5 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open ~ ,... 282 April 25, 1995 þ meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion ì~' of superviso~ Eddy.. tO~doPt the Resolution, and carried by the fOl''iowing recorâed vote: certification AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Johnson Chairman Minnix announced that the second reading of the I IN RE: EVENING SESSION ordinance and public hearing for the rezoning of 2392 Hammond Drive had been continued to May 23, 1995, at the request of the petitioner, Virginia Recreation~l Authorities Commission. IN RE: . ç..' RECOGNITIOlfS " :28 ,- .rh'; ~ Presentation of Resolution of Conqratulations to Marqaret S. Moles upon beinq selected Virqinia's National Distinquished principal. Chairman Minnix advised that the resolution of congratulations for Mrs. Moles was adopted at the March 14, 1995 meeting. It was to be presented to her that night at a reception in I her honor; however, this was not done due to the length of the Board ~ ~ I I . ~ . ~ " April 25, 1995 283 meeting. He presented the resolution to Mrs. Moles with the congratulations and appreciation of the Board and citizens. IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES ~ Ordinance to rezone 3.06 Acres from I-l Conditional and C-l Conditional to C-l to house administrative offices and church services, located at 5240 Hollins Road, Hollins Maqisterial District, upon the petition of Reformation Herald PUblishinq Association. (Terry Harrinqton, Director of Planninq & Zoninq) Mr. Harrington advised that the petitioner is requesting that the front 1.85 acres of a 3.06 acre parcel be rezoned to C-1 which is the same zoning designation as the rear 1.21 acres. The petitioner wishes to remove the proffers which restrict the use of the property from both parcels of land. The petitioner is in the process of constructing an office building which will include a 40 seat chapel and is requesting the C-1 zoning to allow the chapel in the new office building. Mr. Harrington advised that the Planning Commission recommended approval of the petition. Supervisor Johnson requested that the matter be referred to staff for an explanation as to why construction was started before the proper zoning was acquired, and whether the easement issue had been resolved. Mr. Burec, petitioner, was present and responded to questions from Supervisor Johnson. There were no citizens to speak on this item and it was the ~ "... 284 April 25, 1995 þ consensus of the Board that this rezoning be continued until the May 23, 1995 meeting. Supervisor Johnson advised that he will give a written list of his concerns to the staff. Supervisor Nickens asked that the staff determine whether the building permit was issued properly and included plans for the church. ~ Ordinance to rezone 0.49 acre from C-l Conditional to C-l Conditional to construct a learninq center, Located at 4903 Colonial Avenue, Cave Sprinq Maqisterial District, upon the petition of Alliance Properties, Inc. (Terry Harrinqton, Director of Planninq & Zoninq) 0-42595-6 I Mr. Harrington advised that Alliance Properties, Inc. is requesting that the property be rezoned to allow Janus Learning Center to move from their present location at 4903 Colonial Avenue, which is the building next to the site that is the subject of the next rezoning request by Alliance Properties, Inc., to 4929 Colonial Avenue, which is the third building away from the site. The petitioner is also requesting that the previous proffers from 1982 be removed and is proffering three conditions. These conditions were agreed to by the petitioner, neighboring property owners, and the Planning Commission in an attempt to ensure that any development of the property will be in conformity with the residential character of the Colonial Avenue neighborhood. He described the proffers which include (1) concept plan which limits the size of the building, and location of the I l ." J.- . ': ""I11III April 25, 1995 285 ~ parking lot; (2) architecture of the building, slope of the roof, types of signs, types of screening, and fencing; and (3) limits on the uses of the property to certain office type administrative service units and educational facilities. The Planning Commission recommended approval with the proffered conditions. Don Wetherington, Attorney, representing the neighboring property owners concerned with this request for rezoning and the next rezoning request from Alliance Properties, Inc., advised that they are supportive of approving both rezonings. He stated that the property owners are adamant in their belief that this should be the last property on Colonial Avenue used in a commercial development. I However, they feel that their concerns have been addressed by the "." - proffered conditions on this rezoning and the next rezoning, and they welcome Harris Teeter and Revco to the neighborhood. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 42595-6 TO CHANGE THE ZONING CLASSIFICATION OF A .49 ACRE TRACT OF REAL ESTATE LOCATED AT 4903 COLONIAL AVENUE (TAX MAP NO. 86.08-1-1) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-l, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-l, CONDITIONAL, UPON THE APPLICATION OF ALLIANCE PROPERTIES, INC. WHEREAS, this property was rezoned to A-1 in 1982, and II changed to C-l, Conditional in accordance with the 1992 Roanoke County ~ "... 286 April 25, 1995 þ Zoning Ordinance; and WHEREAS, the first reading of this ordinance was held on the second reading and public hearing were held March 28, 1995, and April 25, 1995; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 4, 1995; 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 .49 acre, as described herein, and located at 4903 Colonial Avenue (Tax Map Number 86.08-1-1) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-l, Conditional, Office District, to the zoning classification of C-1, conditional, Office District. 2. That this action is taken upon the application of Alliance Properties, Inc. 3. That the owners voluntarily proffered in writing the following amendments to the conditions approved by the Board of Supervisors in 1982, which the Board of Supervisors hereby amends as follows: I (1) The u3agc for thc oubjcct property shall bc rC3tricted to the use by the occupant thereof a3 the occupant's dwelling and as said occupant'3 medical I l .,. ~ April 25, 1995 287 ~ office facility. (2) A maximum of fivc (5) automobileD :3hall bc allm;cd on thc Dubjcct propcrty during bUDincDs hours. (3) The homc on thc subj cct property, as it no\.- cxisto, is not to bc altercd from it:3 pre:3cnt configuration for usc ûs a profeooional office. (4) Thc outoidc grounds and landDcaping vill be maintaincd aD it preDcntly existo to conform in appcarancc with thc rcsidcntial homCD in thc arca. I 1.ll The property will be developed in substantial conformitv to the attached concept plan dated 3/13/95. revised 4/4/95. indicatinq the relative lavout and location of the buildinq. the square footaqe of the footprint . of the buildinq. the location and number of I parking spaces and Type C screeninq and bufferinq where the propertv adioins R1 zoninq. with a combination of option 1. 15 foot buffer vard and Option 2 landscapinq. small everqreen trees and one row of everqreen trees. to be planted and maintained in the buffer yard. and to replace the 6 foot screeninq fence. but achieve an equivalent screeninq effect. ill The property will be developed to have a residential appearance in that the roof of the buildinq will be shingled and have a pitch equal to or qreater .... "... 288 April 25, 1995 þ than 5-12. the exterior construction will be brick. residential tvpe sidinq or a combination of the two. the outside lightinq will be for security rather than commercial purposes. such as residential type dusk-to- dawn lightinq. and there will be no more than one siqn on the premises which will not be larqer than 20 square feet. will not be backlit and will be either a monument type siqn or a sand blasted wooden siqn. l2l The permitted uses for the property under section 30-53-2 of the 1992 Roanoke Countv Zoninq Ordinance will be limited to the followinq: facilities. colleqe/universitv. education facilities. I civic Uses administrative services. educational primary/secondarv*: Office Uses - qeneral office. medical office: Commercial Uses - communications services. studio. fine arts. 4. That said real estate is more fully described as follows: BEGINNING at a point on the northern right of way of Virginia Secondary Route 687; thence N. 2 deg. 15' E. 242.96 feet to a point; thence S. 80 deg. 25' E. 130.0 feet to a point; thence S. 7 deg. 33' W. 243.05 feet to a point; thence N. 79 deg. 03' W. 80.63 feet to a point; and being a 0.51 acre tract shown on a survey plat dated April 12, 1988, by Jack G. Bess, CLS. 5. That this ordinance shall be in full force and effect I thirty (30) days after its final passage. All ordinances or parts of l ~ I I ,,'.f' ""I11III April 25, 1995 289 ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance to rezone approximatelY 1.95 acres from C-l and C-2 Conditional to C-2 Conditional to construct a supermarket and druq store, Located at 4919 and 4929 Colonial Avenue, 'Cave Sprinq Maqisterial District, upon the petition of Alliance Properties, Inc. (Terry Harrinqton, Director of Planninq & Zoning) 0-42595-7 There was no discussion and no citizens requested to speak. Mr. Harrington advised that prior to the public hearing, an amended proffer of conditions statement was submitted by the petitioner to address several of the remaining concerns of the surrounding communi ty. He explained that these proffers are the basis for Mr. Wetherington's statements earlier that all of the property owners' concerns have been resolved. These amended proffers address lighting and materials for the wall. Supervisor Minnix moved to adopt the ordinance with amended ~ ,... 290 April 25, 1995 þ proffers. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 42595-7 TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN TRACTS OF REAL ESTATE CONTAINING 1.04 ACRES LOCATED AT 4919 AND 4929 COLONIAL AVENUE (TAX MAP NOS. 86.08-1-2 AND 86.08- 1-3) AND A PORTION OF A 1.65 ACRE TRACT LOCATED AT 4350 BRAMBLETON AVENUE (TAX MAP NO. 77.17-5-22) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-l AND C-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-2, CONDITIONAL, UPON THE APPLICATION OF ALLIANCE PROPERTIES, INC. WHEREAS, this property was rezoned to C-1 and C-2, Conditional, in 1988; and , WHEREAS, the first reading of this ordinance was held on March 28, 1995, and April 25, 1995; and, WHEREAS, the second reading and public hearing were held I the Roanoke County Planning Commission held a public hearing on this matter on April 4, 1995; 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 certain tracts of real estate containing 1.04 acres, as described herein, and located at 4919 and 4929 Colonial Avenue (Tax Map Numbers 86.08-1-2 and 86.08-1- 3), and a 0.91 acre portion of a 1.65 acre tract of real estate, also I described herein, and located at 4350 Brambleton Avenue (Tax Map l ~ I I ~ April 25, 1995 291 Number 77.17-5-22) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-1 and C-2, Conditional, Office District and General Commercial District, to the zoning classification of C-2, Conditional, General Commercial District. 2. That this action is taken upon the application of Alliance Properties, Inc. 3. That the owners voluntarily proffered in writing the following amendments to the conditions approved by the Board of Supervisors in 1988, which the Board of Supervisors hereby amends as follows: (1) Construction of a con·.¡enience store ¡/i th gasoline pumps ¡/ill be in :::mb:Jtantial conformity \;i th the oi te plan prepared by A. T. Williamo, and submitted here\/i th . (2) The mini 'i.wrchou::3e::3 a::3 Get forth in the original proffero are deleted; the zoning on the rear portion i::3 to remain M 1, Light Industrial Di3trict,but there ~ill be no development on the M 1 portion until there . ....... 1::3 GU""m1::3010n to ûnd appro·.¡al of a concept plan for ouch development by the governing body. (3) That the houro of operûtion ahall be from 5: 00 A.H. to 12:00 r.M. i1l The property will be developed in substantial conformity to the attached March 28, 1995 concept plan .... ,... 292 April 25, 1995 þ bv Shook Design Group which may be modified to indicate direct access between the pro-perty and the ad; acent Wilco t>roperty. ill The buffer area and screen fence between the property and the ad;acent Anderson & Craiqhead properties will be constructed to locate the plantinqs on the side of the fence facinq the ad;acent -properties consistent with the qrade between the properties. i.e.. the fence will be generally located alonq the -property line toward the Anderson property and alonq the access road behind the Harris Teeter buildinq ad;acent to the Craiqhead property. 1...dl The retaininq wall between the propertv and the Craiqhead property will have a finished surface of split face block which has a rouqh texture and a varietv of colors. or will have a finished surface of scored faced concrete which has a pattern to resemble stacked block or stone or such similar surface treatment as may be approved or required' by Roanoke County in the site plan review or will be a mortar rubble retaining wall. 1Al The exterior surface of the buildinqs to be constructed on the property will be brick on all sides and the buildinqs will not be multi-story. exce-pt the Harris Teeter buildinq will have a mezzanine. I I l ,~ " . '.' '. - , ,~',' 'f~- '\., ~ ~ April 25, 1995 293 ~ L2l other than trash collection for the property, there will be no collection or recyclinq bins other than for the collection of paper. J...§.l The Harris Teeter loadinq dock and dumpster/compactor areas will be screened or buffered bv a wall, fence or appropriate plantinqs. l1.l The Revco loadinq/unloadinq area will be located on the side of the Revco buildinq facing the Harris Teeter building and an enclosure to screen the Revco dumµster will be located in the area between the Revco I and Harris Teeter buildinqs. l-ª-l The fixture mounting heiqht of· the exterior site liqhtinq poles will not exceed 22 feet from qrade. 4. That said real estate is more fully described as follows: I Tax Map No. 86.08-1-2 BEGINNING at a point on the northerly side of Colonial Avenue (formerly Bent Mountain Road) at the southeasterly corner of property now or formerly owned by Craighead (DB 620, page 473) and which said point constitutes Corner 8 on the plat hereinafter referred to; thence N. 2 deg. 15' E. 265.24 feet to Point 9; thence S. 69 deg. 56' E. 21.01 feet to Point 10; thence S. 85 deg. 04' E. 46.45 feet to Corner 11; thence N. 79 deg. 17' E. 84.02 feet to Corner 5; thence S. 2 deg. 15' W.299.42 feet to Corner 6, an old iron pipe planted on the northerly side of Colonial Avenue; thence N. 78 deg. 35' 150.19 feet to Point 8, the Place of Beginning, and shown as "Beatty Remaining 0.936 Acre" on a plat of survey prepared by C. B. Malcolm, Jr. dated April 17, 1974, which is of record in Deed Book 999 at page 68 in the Office of the Clerk of the Circuit Court of Roanoke County. ~ ,... 294 April 25, 1995 þ Tax Map No. 86.08-1-3 BEGINNING at a point in the center line of the Bent Mountain Road, also known as Poor House Road, Corner to C. M. Emerson, and being situate N. 79 deg. 03' W. 3l0.0 feet from the southwest corner of Tract No. 2 of H. W. Greenwood lands; thence with the center line of said Bent Mountain Road, N. 79 deg. 03' W. 150.0 feet to a point; thence leaving the road, passing an iron pipe at 15.0 feet and along and through other lands of C. M. Emerson, N. 2 deg. 15' E. 950.5 feet to an iron rod in fence by a large forked tree in line of Hartman property; thence with line of same and line of Tract No. 5 of L. L. Greenwood Estate lands, N. 89 deg. 11' E. 147.8 feet to an iron rod in fence, corner to C. M. Emerson; thence with a line of same, S.2 deg~ 15' W. 971.5 feet to the Place of Beginning; and, CONTAINING 3.23 acres, exclusive of road, as shown by plat prepared by Jas. F. McTier, CPE, under date of April 13, 1940, for C. M. Emerson, which map is of record in the Roanoke County Circuit Court Clerk's Office in Deed Book 213, page 532; and LESS AND EXCEPT, HOWEVER, that certain tract of land conveyed unto the Commonwealth of Virginia by deed dated February 26, 1954, of record in the aforesaid Clerk's Office in Deed Book 503, page 395; and LESS AND EXCEPT, HOWEVER, I that certain tract of land conveyed unto the Commonwealth of Virginia by certificate dated September 3, 1963, of record in the aforesaid Clerk's Office in Deed Book 724, page 138; and LESS AND EXCEPT, HOWEVER, that certain tract of land conveyed unto Mick-or-Mack by deed of record in the aforesaid Clerk's Office in Deed Book 882, page 785; and LESS AND EXCEPT, HOWEVER, that certain tract of land cónveyed unto the Commonwealth of virginia by deed dated October 30, 1989, of record in the aforesaid Clerk's Office in Deed Book 1315, page 1136; and LESS AND EXCEPT, HOWEVER, that certain tract of land conveyed unto H. Robert Munday and Joseph C. Thomas, by deed dated March 1, 1976, of record in the aforesaid Clerk's Office in Deed Book 1036, page 836. Portion of Tax Map No. 77.17-5-22 0.91 acres of this 1.65 acre tract. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed I to amend the zoning district map to reflect the change in zoning l ~ I I ".':, '., -'::'~_""1't'" ""I11III April 25, 1995 295 classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance with the amended proffers, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance to rezone 5.93 acres of land from EP to AG-3, located at 2393 Hammond Drive, vinton Maqisterial District, upon the petition of the Virqinia Recreational Facilities Authority. (Terry Harrinqton, Director of Planninq & Zoninq) (CONTINUED FROM MARCH 28, 1995) Chairman Minnix continued until the May petitioners. announced that this 23, 1995 meeting at rezoning has been the request of the IN RE: OTHER BUSINESS ~ Ordinance authorizing a Special Use Permit to construct a broadcast tower atop Read Mountain approximately .4 mile north of Summit Ridqe Road, Hollins Maqisterial District, upon the petition of Virqinia Towers, Inc. (CONTINUED UNTIL MAY 23, 1995) Chairman Minnix announced that this rezoning has been continued until the May 23, 1995 meeting. ~ "... 296 April 25, 1995 þ ~ Ordinance to rezone 4.068 acres from R-l to R-3 to allow sinqle familY attached' and detached dwellinqs, Located at 4824 Cave Sprinq Lane, Windsor Hills Maqisterial District, upon the petition of Jeffrey and Laura Maronic. (CONTINUED FROM MARCH 28, 1995) Chairman Minnix announced that the this rezoning has been . withdrawn at the request of the petitioners, Jeffrey and Laura Maronic. IN RE: CONTINUATION OF BUDGET WORK SESSION At 7: 35 p.m., Chairman Minnix announced that this was a continuation of the afternoon budget work session to give thosel representatives who were unable to attend the opportunity to speak. The following representatives from the human service, social service and cultural agencies, spoke on behalf of their organizations for funding in the proposed budget: 1. Dick Hawkins, Executive Director, 2030 Colonial Avenue, SW, Roanoke Valley Speech and Hearing Center 2. Mildred Willis, Alliance for the Mentally Ill, 3835 Darlington Road, on behalf of the Blue Ridge community services 3. Ted Allen, 422l Whitehall Circle, Alliance for the Mentally Ill, on behalf of the Blue Ridge Community Services The following citizens spoke in favor of full funding for the School Board Budget: l. Mike Wray, 5650 Yellow Mountain Road I ~ ~ I I ~ April 25, 1995 297 2. Babette Cribbs, 6045 Burnham Road 3. Chris Shroeder, 5335 Warbonnet Road IN RE: WORK SESSION ON HEALTH INSURANCE CONTRACT At the afternoon session, the Board decided to have a work session on the health insurance contract for County and School employees at the evening session. Ms. Hyatt and Ms. White were present and answered specific questions from the Board members concerning how the Point of Service plan works, what the savings will be, costs to the employees and County, and specific physician and hospital coverage questions. In response to the Board's concern about employees being properly informed of their choices, Ms. White advised that the P~S plan will be explained in small employee group meetings by Trigon as many times as necessary. Dr. Jerry Hardy, Director of Budget and Data Management for the County Schools, spoke in favor of the contract and advised that the School Team has recommended approval to the School Board. Ms. Jo Ann POff, teacher at Hidden Valley Junior High School, and a member of the team, spoke in favor of approving the contract with both plans. She felt that the employees would benefit from having a choice between the current plan and the p~s plan. ~ Approval of Health Insurance Contract for School and County employees. (Diane D. Hyatt, Director, Finance) A-42595-8 ~ "... 298 April 25, 1995 At 8:30 p.m., Supervisor Minnix moved to return to regular session and approve a health insurance contract for County and School employees which includes two tiers (the Basis Comprehensive Plan and 'Point of Service Plan). The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: ADJOURNMENT At 8: 35 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote. Respectfully submitted, Approved by, ~~ Brenda J. olton, Deputy Clerk Minnix, l þ I I