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Home My WebLink About6/22/1993 - Regular "'II1II ~ June 22, 1993 389 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 June 22, 1993 The Board o.~ Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of June, 1993. I , IN RE: CALL TO ORDER Chairman Minnix' called the meeting to order at 3: 03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Lee B. Eddy, Supervisors Bob L. Johnson, Edward G. Kohinke, Sr., Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend Richard I Harris, Chaplain, Roanoke County Jail. The Pledge of Allegiance was recited by all present. ~ JI'" 390 June 22, 1993 ~ IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Eddy requested that citizens Comments be heard before the last item of new business: Expansion of bulk/brush collection. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Proclamation Declarinq the Week of July 11 - 18 as Commonwealth Games of Virqinia Week. Chairman Minnix presented the proclamation to Cheryl Poe, Administrative Assistant for Virginia Amateur Sports. Supervisor Johnson moved to adopt the proclamation.- The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None I h Presentation of Distinquished Service Award from Roanoke Reqional Chamber of Commerce. Crime Prevention Committee and Resolution of Conqratulations. R-62293-1 Mr. Mark Lee was presented the Distinguished Service Award by Chief of Police John Cease. He was also presented a resolution of congratulations from the Board of Supervisors. II Supervisor Nickens moved to adopt the resolution. The ~ ~ I I ~ June 22, 1993 39"" ',; motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 62293-1 OF CONGRATULATIONS TO MARK LEE FOR RECEIVING THE DISTINGUISHED SERVICE AWARD FROM THE ROANOKE REGIONAL CHAMBER OF COMMERCE WHEREAS, crime prevention is an important function for any police department, and depends to a large extent on the alertness and responsiveness of the citizens of the area; and WHEREAS, the Roanoke County Police Department encourages the residents of the County to assist the Department in preventing and solving crimes; and WHEREAS, Mark Lee, a resident of Roanoke County, was recently instrumental in assisting the Police Department in arresting two suspects; and WHEREAS, Mr. Lee, without regard for his personal safety, rendered valuable aid to one of Roanoke County's law enforcement officers by detaining one of the suspects; and WHEREAS, Mr. Lee was recently honored by the Roanoke Regional Chamber of Commerce for his actions, and received the 1993 Distinguished Service Award from the Chamber. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, hereby extends its congratulations to MARK LEE for the recognition he received from the Regional Chamber; and FURTHER, BE IT RESOLVED that the Board also extends its ~ JI'" 392 June 22, 1993 thanks to Mr. Lee for his willingness to be involved in assisting the 'Police Department in their duties. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: RECOGNITION Mr. Hodge introduced Mr. Janek Kucharzewski, Mayor of Opole, Poland, who has been visiting Roanoke County as part of a program sponsored by the Virginia League of Government Managers Association (VLGMA). IN RE: NEW BU~INESS ~ Request for Appropriation to Fund an Enqineerinq , Feasibility studY to Expand the Roanoke CountY/Salem Jail (Sheriff Gerald Holt) A-62293-2 Sheriff Holt presented the report requesting that the Board appropriate $15,000 from the Capital Fund to fund an engineering study to determine the feasibility of completing the sixth floor of the jail and provide double bunking of cells. He advised that the City of Salem would be requested to fund 22.72% of the cost, and that Salem's Sheriff Obenshain concurs with the recommendation. ~ ~ I I ~ I I "'II1II June 22, 1993 393 Following discussion, Supervisor Johnson moved to approve $15,000 funding. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, KOhinke, Nickens, Minnix Supervisor Eddy h Request for Readoption of Public-Private Partnership Policy. (TimothY W. Gubala. Economic Development Director) Mr. Gubala reported that the staff is requesting that the policy be expanded to include non-manufacturing companies, tourism related industries and activities, and employment training. Supervisor Ni~kens moved to approve readoption of the pOlicy. There was no vote. Following discussion, Supervisor Eddy made a substitute motion to (1) defer action; (2) that the policy be strengthened so that staff can approve the majority of requests, and (3) that the revised policy be brought back to the Board for approval. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None .L.. Request for Public Private Partnership Funds for Linqerfelt Development Corporation. A-62293-3.a ~ JI'" 394 June 22, 1993 This request would fund utility connection fees for an office building at Valleypointe, and the County would invest up to $7,772.50 toward the cost of connections. Payback would occur within the first year after completion of the project. Supervisor Nickens moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Eddy ~ Request for Public Private Partnership Funds for Hampton Inn. A-62293-3.b This request is for connection fees for tt,e expansion of the Hampton Inn on Thirlane Road and the County would invest $14,950 for this project. The funds would reimburse the owner for connection fees that he has already paid. Payback is estimated within the first year after completion and occupancy. Supervisor Nickens moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Eddy ~ Approval of Resolution Urqinq the General Assembly ~ ~ I I ~ I I ~ June 22, 1993 395 to Enact stronqer D.U.I. Leqislation. (Elmer C. Hodqe. County Administrator) R-62293-4 George R. Pelton, 5646 Orchard Valley Road, parent of a young man who was recently killed by a drunk driver, spoke in support of the resolution. Supervisor Kohinke moved to adopt the resolution. The ~otion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 62293-4 URGING THE GENERAL ASSEMBLY TO ENACT STRONGER D.U.I. LEGISLATION WHEREAS, recent senseless and tragic deaths in the Roanoke Valley attributed to drivers operating their motor vehicles while under the influence of alcohol have brought to focus the need for more effective D.U.I. legislation in the State of Virginia; and WHEREAS, these most recent accidents indicate a need for much stricter penalties for violations involving not only driving under the influence of alcohol, but also for persons abusing their limited privilege to drive on a restricted or suspended license; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Board wishes to ~ JI'" 396 June 22, 1993 ~ strongly urge the Roanoke Valley's legislators to support stricter D.U.I. legislation in the upcoming session of the Virginia General Assembly. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h ReC{Uest for Acceptance of a Grant for Community Crime Prevention Services. (John Cease. Police Chief) A-62293-5 I Chief Cease reported that the grant is for $24,801 in Department of Criminal Justice Services federal funds, and requires a 25% local match. The local match will be taken out of existing police department funds. Crime Prevention Officer Tim Kincaid described the program and introduced Charles Brown, who works with the Business Watch Program. Supervisor Nickens moved to accept the grant. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Request for Acce~tance of Library Services and Construction Act (LSCA), Grant from the Virqinia I ~ ~ ,39'7 ~ June 22, 1993 state Library , Archives. County Administrator) (Don Myers. Assistant A-62293-6 Mr. Myers advised that the grant is for $32,576 and will extend and improve services to adults 60 years and older. The grant will provide library services to area nursing homes, care centers senior meal sites and retirement centers. The grant funds will be used to pay for personnel costs and to purchase a van. Supervisor Johnson moved to accept the grant and increase the vehicle fleet. The motion carried by the following I recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Request for Appropriation for Unavoidable Expenses in the General Services Department. Solid Waste Division. (Elmer Hodqe. County Administrator) A-62293-7 Mr. Hodge advised that as a result of a severe storm on June 4, 1993, the Solid Waste Division had additional expenses for cleanup of $52,382. Additionally, there were other unavoidable expenses of $104,567 for vehicle maintenance, $50,396 in overtime and an increase in the tipping fees of $15,951 for a total of $223,296. I Following discussion, Supervisor Johnson asked for a work session on General Services Department and Solid Waste ~ JI'" 398 June 22, 1993 ~ Division that would include month-to-month records of cost overruns. Supervisor Nickens moved to approve the appropriation for storm related expenses only. There was no vote. Supervisor Kohinke offered a substitute motion to approve the full appropriation of $223,296. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: Supervisor Nickens Supervisor Nickens requested that staff provide a list of all departments whose expenses exceeded their budget under "Reports" at the July 13, 1993 Board Meeting. I IN RE: OLD BUSINESS ~ Request for Approval of Leqislative Requests for the Virqinia Association of Counties (Continued from June 8. 1993) (Paul Mahoney. County Attorney) Mr. Mahoney presented the report. Following discussion, it was the consensus of the Board to defer action on this it'em. Supervisors Eddy and Nickens will meet with Mr. Mahoney to define the requests more clearly and bring them back to the Board for approval. IN RE: REQUESTS FOR WORK SESSIONS Supervisor Johnson requested a work session for July 13, 1993 to discuss the General Services Department and asked I ~ "'II1II ~ June 22, 1993 39:9 that a history of the one-armed bandit be included. Supervisor Eddy requested a work session for July 13, 1993 on draft legislation from the Commission on Population Growth. I It was the consensus of the Board that these work sessions be scheduled for the evening session of the July 13, 1993 meeting. IN RE: REQ~EST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first readings and set the public hearings for July 27, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance Authorizinq a, Special Use' Permit to Expand an Existinq Church Buildinq. Located at 3917 Old Catawba Road. Catawba Magisterial District. Upon the Petition of Mason Cove Chapel. h Ordinance to Rezone 0.410 Acres from R-1 to R-2 to Construct a Duplex. Located West of 6707/6705 Wood Haven Road. Hollins Maqisterial District. Upon the Petition of Martha W. Cox. I IN RE: SECOND READING OF ORDINANCES ~ JI'" 4,00 June 22, 1993 ~ .... ~ Ordinance Authorizinq Donation of 0.16462 Acre of Land. Toqether with a Permanent Drainaqe Easement and Temporary Construction Easement to the Commonwealth of Virqinia for Improvement of Valley Forqe Avenue and Bunker Hill Drive. (Paul M. Mahoney. County Attorney) 0-62293-8 There was no discussion. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 62293-8 AUTHORIZING DONATION OF 0.16462 ACRE OF LAND, TOGETHER WITH A PERMANENT DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT, TO THE COMMONWEALTH OF VIRGINIA FOR IMPROVEMENT OF VALLEY FORGE AVENUE AND BUNKER HILL DRIVE WHEREAS, the Virginia Department of Transportation (VDOT) has undertaken a proj ect for the improvement of Valley Forge Avenue and Bunker Hill Drive; and, WHEREAS, VDOT requires 0 .16462 acre of land in fee simple for the right-of-way, 0.03458 acre of land for a permanent drainage easement, and 0.06074 acre of land for a temporary construction easement, all as shown on Sheets 1-B, 3, and 4 of the project plans; and, WHEREAS, the proposed improv~ments will serve the interests of the pUblic and will address certain public health I II ~ ~ June 22, 1993 'é4 0 1,' ,c"," . ',/ ' """ I I and safety concerns. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on June 8, 1993; and a second reading was held on June 22, 1993; and, 2. That pursuant to the provisions of section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for improvements to Valley Forge Avenue and Bunker Hill Drive in the County of Roanoke, Virginia. 3. That donation of 0.16462 acre of land in fee simple for the right-of-way, 0.03458 acre of land for a permanent drainage easement, and 0.06074 acre of land for' a temporary construction easement, all as shown on Sheets 1-B, 3, and 4 of the proj ect plans, to the Commonweal th of Virginia is hereby authorized. 4. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. ~ JI'" 402 June 22, 1993 On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: APPOINTMENTS ~ Community Corrections Resources Board Ms. Allen was directed to contact Edmund Kielty to determine if he would like to be reappointed. h Social Services Advisory Board. A-62293-9 Supervisor Eddy moved to approve the establishment of the Social Services Advisory Beard. He also nominated Betty Jo Anthony to represent the Windsor Hills Magisterial District and nominated Dr. Harry Nickens as the Board liaison. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Supervisor Nickens nominated Robert Lewis to represent the vinton Magisterial District. ~ I ~ Virginia Western Community Colleqe Board. Supervisor Minnix advised that he will contact Patrick Shaffner and advise him that Roanoke County has a resolution I establishing a residence requirement to serve on any commission, ~ ~ ~ June 22, 1993 403 committee or board. ~.. -. Because of Mr. Shaffner's move to the City of Salem, Chairman Minnix will request Mr. Shaffner's resignation from the Virginia Western Community College Board. IN RE: CONSENT AGENDA R-62293-10 Supervisor Nickens moved to adopt the Consent Agenda with Item 2 removed. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None I Supervisor Nickens moved to approve Item 2 following discussion. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 62293-10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - 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 June 22, 1993, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 I through 6, inclusive, as follows: 1. Confirmation of Committee Appointment to the Clean Valley Council. ~ JI'" 40'4 June 22, 1993 ~ 2. Acknowledge of Acceptance of 0.29 Miles of Rome Drive, and 0.06 Miles of McIntosh Lane into Virginia Department of Transportation Secondary System. 3. Authorization to Pay certain Legal Fees Regarding Grumman Emergency Products. 4. Resolution of Support for the AMTRAK Route from New York to Atlanta via Southwest Virginia and Eastern Tennessee. 5. Request for Acceptance of a Grant for Drug Enforcement Program. 6. Request for Acceptance of Local Government Challenge Grant from the Virginia commission for Arts. 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 I pursuant to this resolution. On motion of Supervisor Nickens to adopt the resolution with Item 2 removed, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None On motion of Supervisor Nickens to approve Item 2, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Kohinke: (1) He advised that in the future I he would be writing fewer memos and talking more instead. (2) He ~ ~ "'II1II June 22, 1993 405 I I asked about a sign for Dry Hollow Road near the reservoir. Mr. Hodge advised that a sign needs to be built but it should be installed some time this week. (3) He asked that staff contact the railroad about the May Johnson Railroad crossing. Don Myers was asked to check on this. (4) He announced that he had received positive feedback from the citizens on the Neighborhood Watch Program. (5) He expressed concern about the new FEMA Flood Plain designations and how it affects property values, etc. Mr. Hodge advised that he had talked to the Corps of Engineers and found out that FEMA is responsible. He has discussed two possible meeting dates in July and August with FEMA to meet with the civic league. (6) He encouraged broader citizen participation in the future budget pUblic hearings. (7) He advised that he had attended the West County civic League meeting. (8) He complimented the staff on the tours at Spring Hollow and how they handled the concerns about Jubilee Acres. Supervisor Eddv: (1) He asked Mr. Mahoney about a memorandum he sent regarding nuisance claims. Mr. Mahoney advised that he was waiting for comments from the Board on the memo, and would then discuss at a future Board meeting or in executive session. (3) He asked the Board members if they supported his suggestion that the human service agency contributions be recommended by a committee. It was Board consensus NOT to set up a committee. ( 4) He asked about the department mission statements. Mr. Hodge advised that they are included in the annual budget document. (5) He asked about the ~ JI'" -406 June 22, 1993 ~ ~ ISTEA funds deadline and whether or not the County is applying. Mr. Harrington advised that the deadline is now August 2 and that the County will be applying for the ISTEA funds. (6) He asked about the Judicial Sale. Mr Mahoney advised that the County has collected over $41,000 in delinquent taxes from 29 individuals. Supervisor Nickens: (1) He asked that staff investigate whether the VDOT entrance and egress requirements are being met at the construction 01ì Mountain View Road. (2) He asked staff to research and provide more information on the new legislation allowing regional decal enforcement. '(3) He asked > that the Commonwealth's Attorney investigate the Clerk of Circuit Court's relationship with County staff and the Health Department as it relates to the Clerk's developments. He also asked that the issue be placed on the agenda for a vote. , Following discussion and assurance from Supervisor Kohinke that he is satisfied with Clerk's response and will not pursue or discuss this issue any further, Supervisor Nickens withdrew his request. Supervisor Minnix: He announced that evaluations for Mr. Mahoney and Mr. Hodge will be held August 24 and asked Ms. Allen to provide evaluation forms to the Board members. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports after removal of Item 9 and discussion of Item 7. The motion carried by a unanimous voice vote. I I ~ - 4 07 ~ June 22, 1993 ~ General Fund Unappropriated Balance h Capital Fund Unappropriated Balance ~ Board Contingency Fund h Accounts Paid - May 1993 h statement of Revenues and Expenditures as of May 31. 1993 ~ Report on Bond proiects. ~ Report on 1991 Water proiect ~ Report on Roanoke Valley Resource Authority Solid Waste Facilities ~ Report on CORD Proqram I Supervisor Eddy moved to receive and file Item 9 after discussion with Planning & Zoning Director Terry Harrington· at the evening session. The motion carried by a unanimous voice votE?. IN RE: EXECUTIVE SESSION At 6:00 p.m., Supervisor Eddy moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (3) To consider the acquisition of real property for public purposes and (7) discussion with legal counsel and staff pertaining to a legal matter; possible amendment to the Landfill Member-Use Agreement. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix I NAYS: None ~ JI'" -408 June 22, 1993 IN RE: CERTIFICATION OF EXECUTIVE SESSION A-62293-11 At ,7: 05 p.m., Supervisor Johnson moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 62293-11 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were .... ~ I I ~ 409 ~ June 22, 1993 heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None I EVENING SESSION (7:00 P.M.) The following public hearing was not held although it had been advertised. The first reading and public hearing was postponed to July 27, 1993, and the second reading will be held on August 24, 1993. Ordinance Amendinq and Ree~actinq Ordinance 82592- 12. The Zoninq Ordinance for Roanoke County. by the Adoption of certain provisions Concerninq Amateur Radio Towers in the Various Zoninq Districts of the County. IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES ~ Ordinance Amendinq and Reenactinq Ordinance 82592- 12. the Zoninq Ordinance for Roanoke County. bY the Adoption of Certain Minor Amendments to said Ordinance. (Terry Harrinqton. Planninq , Zoning Director) I ~ II"" 410 June 22, 1993 0-62293-12 Mr. Harrington advised that first reading was held June 8. The amendments address minor areas including expansions of uses now only permitted by Special Use permit; permitting Bed and Breakfasts in the R-1 district by Special Use Permit; prohibit~ng the sale of firearms as a home occupation; exempting family and church cemeteries under certain conditions; and expanding the districts in which Day Care' Center and Cultural Services are allowed by Special Use Permit. Supervisor Nickens moved to adopt the ordinance. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 62293-12 ORDINANCE 82592-12, ROANOKE COUNTY, BY MINOR AMENDMENTS TO AMENDING AND REENACTING THE ZONING ORDINANCE FOR THE ADOPTION OF CERTAIN SAID ORDINANCE WHEREAS, on August 25, 1992, the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance 82592-12 which enacted a new zoning ordinance for Roanoke County; and, WHEREAS, since the adoption of the new zoning ordinance the need for the adoption of several minor, technical amendments has been identified; and, WHEREAS, the Planning Commission for Roanoke County held its public hearing on this amendment on June 1, 1993, and has recommended approval of the ordinance adopting these ~ ~ I I ~ ~ June 22, 1993 "'41 J' " amendments to the Board of Supervisors of Roanoke County, Virginia; and, WHEREAS, in the interest of public necessity, convenience, general welfare, and good zoning practice, the Board of Supervisors hereby amends certain provisions of the Zoning Ordinance for Roanoke County; and WHEREAS, legal notice and advertisement has been provided as required by law, and that the first reading of this ordinance was held on June 8, 1993, and the second reading and public hearing was held on June 22, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke I County, Virginia, that the Zoning Ordinance for Roanoke County, adopted on August 25, 1992, be, and hereby is amendeà and reenacted, as follows: 1. That the provisions of Section 30-23-2, Non- conforminq uses, be amended to exempt minor additions and expansions from the special use permit requirement in certain instances as follows: Sec. 30-23-2 Nonconforming Uses of Buildings, structures or Land (Page 18) * * * * (F) Any legally established use which existed prior to the adoption of this ordinance, or any subsequent I amendments, shall not be considered a nonconforming use where a special use permit is now required for establishment of such use. The use shall be allowed to ~ JI'" 412 June 22, 1993 continue operation, as well as reconstruct ~ or structurally alter the building or structure without the necessity 'of obtaining a special use permit. However, approval' of a special use permit shall be required for ~ny future cxp~noion, cxtenoion or enl~rgement of the UDe or Dtructure. ::~::::::::::::::ffifi::::::j:j:::~Ê1ëRI~~i§ã wffim:::::::i¡ß8;ffigñi::::::;:I:rn:~:1:1:::j:j:j:ÆII\~]::::iji:lD,ii1:::::::g;j:j:j::19iij:::j:jÊglîãi¥;ffiRñ~::::::::l?iliBæ ~~:::::::::::::::::::::iFß~$lî£:!:::::::::::::::::::::::::it:§::¡:¡:j:::j:::::::j::::[§Iß::j:::::::::::::::::::gg:iiti:§n:::¡:¡:¡:::¡:¡:::¡:¡::g;::::::::¡:j:¡:j:::j]~P;i:¡:¡:::::::::::::::::::~glî:mª ~fUWÆnffiª:IE~£§E:i:: ~::~::::::::::i:::::::i:::::mniEi::::::::::iiª::j:j:::j~:::j:j:j:j~:B:::::::::šiEë~í;:::::::::§E:::::::::g:Êã~£iit::::::D.~i::::::::::ì:ºgi~I.:I~::::::::::æn ì9:ij:j:::j:::::::j:mgB~i1i:::::::j:j:::::j!:8gl~S;I::::::::::::::::Ê:~:::j:j:::::::j:~Iß::j:j:j:j::::::B~§j:j:j:::j:::::::§E:::::::j:::::::j~~lwêlîlã 1RÊBR8ª:i~:::::::I§E:::::::œR~ñ~:i:8ñj:j:j:jgE::j:j:jlnæ~ªiminl::íj:j:I:~R::~:~ I 1:æ¡:::::::::::::::::::::::mP;i::::::::::::~¥R~§:m¡i:§n:¡::::::::::8E¡:¡:¡::::::I§:æ~ªiminl::::::::::::$¡¥:i:æ::::::::::::ª:9~m£~nl:i:~:I:æM ~:i~.::::::::II@::::::::ª::i:;i::j:::::f!ß~:iil::::::::~n9:::::::::æ~¥g!£:;::¡:::i.1~:::¡:::::i:I:¡::;¡:gßæ~$ß~:::::::;59 ë:iBâi:~:~;ægl::t:::::::::š~ËE:iíß.1:::::::gi:::::::Bgä!j:j:::::~:i!:I:::::::âl~~:ë£iEæm:l:iEI ~g:::::::i.1~:::::::!g:::::::~f!¥iEmßi:M:::::::ß~!jiel::::::::mîlE8ãÐ~ffiig:j:j:j:PE§gii1l:i:mlji:: 2. That Section 30-29-5, Commercial Use Tvpes, be amended by ,the revision of the use type description for Bed and Breakfast as follows: Sec. 30-29-5 Commercial Use TVDes (Page 40) * * * * I BED AND BREAKFAST - An owner occupied dwelling in which not more than 5 bedrooms are provided for overnight .... ~ I I ~ June 22, 1993 413 guests for compensation, on daily or weekly basis, with or without meals. * * * * 3. That section 30-41-2, Permitted uses, be amended to allow Bed and Breakfast in R-1, Low Density Residential Districts, as follows: SEC. 30-41 R-1 LOW DENSITY RESIDENTIAL DISTRICT section 30-41-2 (B) ~:f:::R'f::'*:;:;:mm;:mm!!§!!!:ê~~~::!~'~!:I~~~glm~ffi)':: 1:::::::;m:::::::I::::::::::::::::::::::::::::::Ii:::::::I:':::::!: t1Ê~~I~~:I::::::::~ 4. That the following minor revisions are made to the provisions of Section 30-~2-3, Home Occupations: * * * * Sec. 30-82-3 Home occupations, Type I and Type II (Page 120 & 121) * * ** (B) General standards: * * * * 3. There shall be no outside storage of goods, products, equipment, or other materials associated with the home occupation. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the ~ JI'" ..,0·41·4 June 22, 1993 ~ site . l!l$j¡:¡:¡:¡:§:m:!:~:::::::::g~:::j::::::~ffil!im.s:¡:¡::::::iis::::j¡:Mì::¡:¡::::IBm!i¡:j::::::8êê9~ÎR:ì:8n §n:ª'#w.I:::p'g:::Iplªþ.:~pí:Þ:@fl@ ...................................................................................................................................................... * * * * (D) AdditionÎ~ standards for all Type II home occupations: 5. That the following revision is made to the design requirements set out in Section 30-82-6, Manufactured Home. Class A is proposed: Sec. 30-82-6 Manufactured Home, Class A (Page 124) * * * * (B) General standards: * * * * I 3. The manufactured home shall have a minimum width of Bï'ä feet. 6. That the following additions are made to the Use and Design Standards for Cemeteries to exempt family and church cemeteries. Sec. 30-83-1 cemetery (Page 138) (A) General standards: 1. Minimum parcel size: 10 acres. I 2. No interment shall occur within 25 feet of the ~ ~ ~ June 22, 1993 .' 4'1 5 property line. j:fIUj:::j:ji:ij:::j:j:j:j:j:j:j:::::j:::j:jijij:::j:j:j:j::lin~j:ji:ij:j::ijBiml!&im~j:j:::::::::jð:~:§§gæ!!laj:::::::::j:j:l:i§ã::::::::::::j:!::::::j:::::j(l:~:!í;:j:j:::j:j:::jg~j::ij:j:j:j:j:£I:±jæ~~BYí ~~M:&E:±Ë:j:j:j:j:§!:j:j:j:j:j~gi:j:::j:j:j~í;:j:j:::j::~y¥wê:±j:j:j:j:j:§:i:j:j:j:j:m.ë¥§:j:j:j:j::8:~j:::::j:j:~:j:j:j:j:j~gij±~j:j:j:j:jBñ ëB:?M{êifi~:::::::::::EEêš~B~::j:::::::j:j:!m:!:±:æ:::::::::::::1I::::::::::::::;~!:æE~::::::::::::::;Ê8m:::::::::::::ifií;:i::::::::::::fi=!U;Ë!:* ~!ênë~5ª~::::::::::i:i:ð§8MI::~:i::::::::::::::~Q~i:::::::::::::~íIIj::::::::IT&ÊIª:~:i:!M::::::::::::::ër]:::::::::::BII!~læili:i:i:::::::::ê ~i~8:ffi:!:lj:::j:ï!:~I::j:::jE~ilffiifi:::::::EEë¥~~ëê:::::::lûlj:::j:ji:ëj±:ffiBYlip,ß.j:;:: I i1i.,:~::::j:::j::ijijijijij:j:mí$::i:iji::j:jëln5F:§::::j:::j:j:§:i:j:j:::j:j::!p!¥ij:j:j:j:j:jFF,!:iâßß95i:::j::i:ijij±:B8il;~ijij:::j:j:lji§njæñj:j:j:j:j:j3jl:q ~$!:~:i:::j:::j:j::m:ìªæ}1g:~Rfi=:::j:::::EI§:ffiãg8ª~j:::::::::§~~~êifißli:::::::::I¥l:::::::j:!:::::::::EBtr±i~ª §1i'~ë~:i:::::j:::::j:j:j;:::§geÆ:ªu!::::::::::::::::::ffiu::j:::::::-:::,:D:b!:ffing:::;:::::::::::::!ë:i::::::::::::j:::!I~j::::::::::::::::EEëšB!:ëê B!:il!m:¥~jíj:::j::::~iã@ g::t:::j:j:j:::j:j:j:j:j::j~m:ª::i:::::Rm:ml!m:E~j:j:j:::!:§j:j:j:j:ægs!!m:lj:j:j;j:~W:::::::j±:;ê:~lj::::::;:g:g:::j:j:ji:5ß!:::j:::j~£§m:j:j:::.M ~œ:±:ffiíj:j:::::j:j:j:j:::Š~BF1ipM}.ffjij:j::ij::ij:jERã:!êjæP!!:i~j:j:j:::j:j:j:::j::!:I::i::j:j:i:::íë:±:æ:j'::::jijij'j:j:j:t{§!:!j:ji::j:j:j:j:j:::jffiP! šgñBi;gl:i:BIT:j:j:j:~:i~n:::i:i::~:j:::j:~gl:ffiÊ:ii:j:fl~I;E:j:j:j:~:HR~tl¥:jt: !¡:t:::::::::::::::::::::::œm:§:::::i:iii:i$:89!~ffiB2:::::::i:::æ!::::::::::::M!~:~ffiE:~anlæi~ri::i::::êBªBW:!ßIßI::~':::::::::i:i:il:::::::::::.1 eš:ì:læBñi:i:i:i::§:i::i:::i:i!Þii::::::j:jmsñiji~::::j:j:í_ffinji:i&E!!BÑ:¡:i:::j:j:j:!fi!:::::j:jifÎss!a:ëê jì:B:::j::::::~p:ëj:j::::::::8:~~:ij8ß::::::::::j8E::j:j:j:::£n~::::I:j:I~:!:¡@j:::::::::gi:j:j:j::¡j:Sæ:EsMi~w:j:j::::::Ç8Mi~W:j:::j:j:j!g !ê;9.M!!lffi¥1:::::::::ffiu!BEm:¡:::::i~£§!~~R~æ¥!::::::::i.~:::::::::Æ}1lg$:j:::j::EEëš!B¥1 èlJ$I!j:j:j:j:j:j:j:jB£:j:j:j:j:j:j:j!p:ëj:::j::::::::i:äEßim:ñÊI:::j:::j:j:j:j:.~:j:j:j:j:j:j:j:ægs!!:ffi:8uj:j:::::::::::sEj:¡::j:j::::ije;eD 8!Th~ËßR:ffi:ë~:jf:: I 7. That the provisions in Section 30-92, Screeninq. Landscapinq & Buffer Yards be amended as follows: ~ JI'" 416 June 22, 1993 ~ .... Sec. 30-92-3 standards and specifications (Page 186-188) * * * * (C) Where landscaping is required by this ordinance, the following shall apply: * * * * 6. Required small deciduous shall be species suitable for planting a built- and within growth environment. Acceptable species shall include dogwoods, bradford and other dwarf pears, varieties. These trees shall have an ultimate iijíni$.iij&::::i::height of 15 feet at maturity. One tree .................... ..................... shall be planted for each 15 feet of buffer yard 8Ê:::::::mjlñl§jê!E!g::::::::~Êª§ . * * * * Sec. 30-92-4 Applicability of Requlations * * * * (C) New parking areas shall include landscaped medians, peninsulas or planter islands in accordance with the Table below. Such areas shall be planned, designed and located to channel traffic, facilitate stormwater management, and define and separate parking areas and aisles. Each landscaped area shall be planted with small deciduous trees with a minimum caliper of one inch at the time of plantingt::::ffi!:::::::1;98gl~ngm:::::::læ!'§i:i:i:i:§:!siiffis!ì ......................................... 3.. "'0" ··'·"""'9' ..··2·· ········'3" ".'.'.'...'.(..:c'.'.")...... . .. ..... . ..... .....,. .' ... .... .. .... ......... ~;~:::i~:::;:::mL;::~~;;::lm()r~~~t.t:;;~;tl~ - I I "'1111 417 ~ June 22, 1993 8. That the number of districts which allow Day Care Centers by special use permit be expanded so as to coincide with districts which also allow places of religious assembly as follows: SEC. 30-32 AG-3 AGRICULTURAL/RURAL PRESERVE DISTRICT Section 30-32-2 (B) 2. !~¥&I~EI~g%til~EMI (Page 48) SEC. 30-33 AG-1 AGRICULTURAL/RURAL LOW DENSITY DI&TRICT Section 30-33-2 (B) 2. RÎ:¥ilimIÎ:È~&IBñE;È]:;~ (Page 51) SEC. 30-41 R-1 LOW DENSITY RESIDENTIAL DISTRICT I Sect ion 30 -41- 2 (B) 3. !~¥::¡::::I~E;:::::~::9%til~E::::::::1 (Page 61) 9. That the following sections be amended by the addition of the permitted use, Cultural Services (Libraries and Museums), by special use permit: SEC. 30-45 R-3 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT Section 30-45-2 (B) 2. êŒt£UEãtìJ:¡:¡:s.é.i:U¡JE.s$j (Page 67) ;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:;:::::::;:;:;:;:;:;:;:;:;:;:;:;:;:::::::;:;:;:;:::;: SEC. 30-46 R-4 HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT I Section 30-46-2 (B) 2. IH:±Mœë:m::::::::§~Î!Mi:§;! (Page 70) 10. That the following sections be amended, as .... JI'" 41 8 June 22, 1993 indicated below, using the adopted setback requirement, to clarify definitively the setback requirement for accessory structures: SEC. 30-32 AG-3 AGRICULTURAL/RURAL PRESERVE DISTRICT Sec. 30-32-3 site Development Regulations * * * * (B) Minimum setback requirements 1. Front yard: SO feet ~iit::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::li:in$i:f.!i!:I::::::::@FÊHsllB!1I::;:::::::::::::::::§:g::::::::~i~I::f:: ~:f:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1i8$~@:iäl).\t:::::::::::::!!tmH:EIYÊ~@::~:::::::::::::::::äiÞ;æng:::::::::::::::Eti~ IAA9D~:::::::ÞB:!:æª,:æng::::::::ill:!ñ!1:t:: SEC. 30-33 AG-1 AGRICULTURAL/RURAL LOW DENSITY DISTRICT Sec. 30-33-3 site Development Regulations * * * * (B) Minimum setback requirements 1. Front yard: 30 feet ~:f::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::m;:!B§æš~:!::::::::~:lœšIBEß!::~:::::::::::::::::i::9::::::::I)~ªI::f: Bit:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::BE§i~:!êE¥t::::::::::::i.ã8~HEi~::;::::::::::::;::::~mnænì::::::::::::::mfi !läñl:::::::~H:i:illë:æñ~::::::::æ:in~:f:: SEC. 30-34 AR AGRICULTURAL/RESIDENTIAL DISTRICT Sec. 30-34-3 site Development Regulations * * * * .... ~ I I "I11III ~ June 22, 1993 41 9 (B) Minimum setback reauirements 1. Front yard: 30 feet ã:f~:~:~:~:::::::::::::::::::::::::::~:~:~:~:~:~:::::::::::::::::IE:lJêffié~!::::::::iÊ.e!R[ì!i!::~:::::~:::::::::::!:I~~~~tl~i:F::~:~ !:j:::::::::::::::::::::::::::::::~:~:::~:~:~:::::::::::::::::::!§êmi:!gIM:::::::::::::::e.ïieÎ9Êmi::~::~::::::::::::::BšÎffiñã:~::::::::::::.Î !Jtgn~:::IÎHi:*Bæñï]Iæ:ffi11l:f:: SEC. 30-36 AV VILLAGE CENTER DISTRICT Sec. 30-36-3 site Development Regulations * * * * (B) Minimum setback reauirements 1. Front yard: 35 feet I f!::j:::::~:::::::~:::::::::::~:::::::::::::::::~::::::::::::::::::gi:ffi11eæp!:!:::::::mll1sFDge::;:::~:~:~:~::~~:::!::!::::::::!:~I!::f;: Î:f::::::::::::::::::~::::::::::::~~~~~::~:::::::::::::::::::::::lee~m:eg.I:::::::::::!!:IM§!:Y£I§:;:::::::::::::~~:~!~ñæ!g:~:~:~:~:~:~:~:£nl f£6fiEIn)UiœãWfiFmmIm:£ne.l:~ ;:::::;:::::;:::;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:::::;:;:::;:::::;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:?:;:;:;:;:::::;:;:;:;:;:;::::::::::::::::::::: SEC. 30-41 R-1 LOW DENSITY RESIDENTIAL DISTRICT Sec. 30-41-3 site Development Regulations * * * * (B) Minimum setback reauirements 1. Front yard: 30 feet I i:::j:::::I::::::::::::::::~:~:~:::::::~:::::::::::::~~::~::::::gi;¡11e~Î!:!:~:::~:;Fl1sFDge::;:::::¡:::::~:::::!:!:I:¡:!:~!i!M: B:f:¡~~~~~~~:~::::::::::::::¡::~:~:::::::::::::¡:~:::::~:~:::~:::lee~m:egiM:::::::::::::::!!:IM§~B£~m::~:::¡:::¡:¡::~::::!~ñ~:9gI:::::::::::£nl ~1§ñÎ:::::::§,M:iælffiñl::~:::::*:Æñg:j:: SEC. 30-42 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT (\ ....II1II JI'" 42 0 June 22, 1993 Sec. 30-42-3 Site Development Regulations * * * * (B) Minimum setback requirements 1. Front yard: 30 feet a:f::~:::::':::::::::::::::::::::::::::::::::::::::::::::::::::::D:æÎëffiä~:I::::::::~:imšI\Êß!::~:::::::::::::::::~!m:~:::~::~lãl:~f:~ ;:f,::::::::::::::::::::::::::::::::::¡:¡:¡:¡:::¡:::¡:¡:¡:::¡:¡::I§ëª~:!gÊ¥t:::::¡:¡::::mgãe£HiJª~:!;:¡:¡:¡:¡:!:!:::::Rmnffiñë:::!:!:!:::!:!~I1~ iÊgÌU~:~:!:¡:Rê:ffi!míl!n~f!:::~:ffiJ1ß¡f:! SEC. 30-45 R-3 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 30-45-3 site Development Regulations * * * * (B) Minimum setback requirements 1. Front yard: 30 feet a¡f:::¡:::::¡:::¡:!:¡:!:!:!:::::::!:::::!:::!:!:!:¡:!:¡:¡:¡:¡:::!D¡æÎëffiä~:I!:::::::~:imši9Iß!::~:::¡:::::¡:!:!:¡:~!:9::::::!:W)mãl:Æ ;:f,::::::::::::::::!::'!::::::::::::::::::::::::::::::::::::::::I§ëª~:§gÊit:::::::::::::::i.BeIHÊª~::;:::::::::::::::::R~Þ:iffiñg¡:¡:::::¡:¡:¡:ES iÊgl!:::::::Rê:ffi:mí¡lng:::¡:¡:~:ffiJ1ß¡f:: SEC. 30-46 R-4 HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 30-46-3 site Development Regulations * * * * (B) Minimum setback requirements 1. Front yard: 30 feet 9!:fjII:::::¡:¡:::¡:¡:¡:¡:::¡:¡:¡:¡:¡:¡:¡:¡:::::¡:::¡:::::::gËffiJ1Š~I!¡*¡:¡:¡:!iMIªšIMïãm::~!:!:!:::!:::::¡:¡1:9::::::::i!ªi~::; .... ~ I I fJ "'II1II ~ June 22, 1993 42:1 ~ I:~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::ff8fi!ª:ªgiM:::::::::::::::eÎEM8ÎBI!ª::~:::::::::::::::::;~Uîænª,:::::::::::::::Rnß lign£:::::::§B:!:$ãæñ~::::::::±:!B$1:~:: SEC. 30-53 C-1 OFFICE DISTRICT Sec. 30-53-3 site Devel~pment Requlations * * * * (B) Minimum setback requirements '-- 1. Front yard: ~:~::::::::::::::::::::::::::::::::::::::I:::::::::::::::::::::.:!BgæR~:~::::::::::eÎEM8ÎHI!ª::~::::::::::::::::::::30 feet, or 20 feet when all parking is located behind the front building line. I ;:~::::::::::::::::::::::::::::::::::,:i:i::::::::::::::::::::::18g~~:egE¥i:i:i:iªl1tmë£iI~:ªi:;::i:::::::::::::MIJ:~n~i:i:i::ilgñM þµ:~:~:g%Þª::;:::::m:~hg:;.:: ..................................................... .................................................... SEC. 30-54 C-2 GENERAL COMMERCIAL DISTRICT Sec. 30-54-3 site Development Requlations * * * * (B) Minimum setback reauirements 1. Front yard: 9::~::::::::::::::::::::::::::::::::::::::::i:::::::::::::::::::::I!IÆnfil:~~:I:::::::::§.B8IHE~~::f::::::::::::::j:::::j30 feet, or 20 feet when all parking is located I behind the front building line. Ijt:::j:j:j:j:j:j:::j:j:::::::j:j:j:j:j:j:::i:i:j:j:::j:j:j:j:j:jliëg~ª:§RIM:::j:j:~:!.g!il@:e::;:j:j:j:j:j:j:j:j~5fi:!ñã:j:j:::r=;~gn£ Im:ij±~æn9:]::::$:iñßjt:j 11. That the citation on page v. of the Table of ...011IIII ,... 422 June 22, 1993 ~ contents and on page 113 should be changed as follows to correct a typographical error. SEC. 30-741 ... 30-79 (RESERVED) 12. 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. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None h Ordinance Amendinq and Reenactinq the Zoninq District Maps for Roanoke county bY the Adoption of Certain Miscellaneous Chanqes Throuqhout the County of Said Maps. (Terry Harrington. Planninq , Zoninq Director) 0-62293-13 Mr. Harrington advised that as a result of Board requests at the first reading, the ordinance has been revised to include all of the properties reviewed by the Planning Commission. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ I I \.. ~ ~ June 22, 1993 42 3 ~ ORDINANCE 62293-13 AMENDING AND REENACTING THE ZONING DISTRICT MAPS FOR ROANOKE COUNTY, BY THE ADOPTION OF CERTAIN MISCELLANEOUS CHANGES THROUGHOUT THE COUNTY TO SAID MAPS WHEREAS, on December 15, 1992, the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance 121592-10 which amended the Zoning District Maps for Roanoke County; and, WHEREAS, citizens in various areas of the County have requested that the zoning classifications as reflected in the new zoning district maps of their properties be re-examined to address their questions and concerns; and, WHEREAS, the Roanoke County Planning Commission held a I public hearing on June 1, 1993, and has made recommendations to the Board; and WHEREAS, public necessity, convenience, general welfare and good zoning practice require that the following properties and zoning district maps be, and hereby are, submitted to the Board of Supervisors for amendment; and, WHEREAS, legal notice and advertisement has been provided as required by law, and that the first reading of this ordinance was held on June 8, 1993, and the second-reading and public hearing was held on June 22, 1993. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. ·That "1992 Zoning District Maps (Master Set #1) of I Roanoke County, Virginia" are hereby amended and reenacted as the zoning district maps for Roanoke County, Virginia, as follows: ~ JI'" 424 June 22, 1993 ~ (1) OWNER: william Brown, Jr. LOCATION: Harborwood Road; Catawba District MAP NOS. 65.00-2-17.1 FROM: R-1 TO: AG-3 COMMISSION COMMENTS: The requested AG-3 designation is not inconsistent with the current agricultural/rural characteristics of the area. (2) OWNER(S): Various LOCATION: Slate Hill Area of Roanoke County; Cave Spring District. (Elmview Road, Chevy Road, Almond Road). MAP NOS.: 77.20-1-42,43,44,45,46,47,48,50,51,52,53; 77.20- 2-2,3,4,5,6,7,8,9,10,11; 87.08-3- 16,17,18,19,20,21,22,23,24,25,26,27,28, I 29,30,31,32,33,34,35,36,37,38,39,40,41, 42,43,44,45,46,47,48. FROM: C-1 TO: R-3 COMMISSION COMMENTS: This area was zoned C-1 to facilitate long term commercial growth in the Rt. 419/Rt. 220 area. The C-1 zoning created a significant number of non-conforming residences in this area and prohibits new residential construction. Although the area still may be suitable for commercial growth in the future, rezoning to R-3 Residential meets the current needs of the residents. (3) OWNER: Hinman Estate (Dominion Trust) LOCATION: Hollins Road; Hollins District MAP NOS.: 38.16-1-3.1 COMMISSION COMMENTS: The dual zoning of this property was the result of I FROM: R-3 and I-1 TO: I-1 ~ ~ ~ June 22, 1993 .425 c an error in the preparation of the zoning maps. The approval of . this change will correct this error. (4) OWNER(S): Paul L.Roberts Gene and Velma Davis LOCATION: Catawba Valley Drive; Catawba District MAP NOS.: 25.00-1-28,29 FROM: C-2 AND AG-1 TO: AG~l AND C-2 COMMISSION COMMENTS: The zoning of the two properties was "switched" on the adopted maps. The approval of this change will correct this map error. I (5) OWNERS: Various LOCATION: Village Lane; Hollins District MAP NOS.: 27.19-4-48.2,48.3,48.4,48.5,48.6,48.7, 48.8. FROM: R-3 TO: R-1 COMMISSION COMMENTS: The original R-3 parcel was platted and developed as seven single family lots late in 1992. This rezoning will reflect the current land use of these parcels. (6) OWNER: Hobart Properties LOCATION: Starkey Road; Cave Spring District MAP NOS.: 87.19-2-6,7 FROM: C-1 TO: R-3 I COMMISSION COMMENTS: The owner of these lots has requested R-3 zoning. These two lots lie wi thin a Comprehensive Plan ~ JI'" 426 June 22, 1993 Development designation. R-3 zoning is consistent with this plan designation. (7) OWNER: Tara Clay Products Corporation (Old Virginia Brick) LOCATION: Wildwood Road; Catawba District TAX PARCEL(S): 44.04-1-13 FROM: AG-1 TO: I -1 COMMISSION COMMENTS: This area is not suitable for general industrial uses. The approval of the I-1 zoning would violate the comprehensive Plan and would not grant the owner the right to expand the quarry by-right. If the owner wishes to propose an expansion of the quarry, the Special Use Permit process is the appropriate method to evaluate the proposed expansion. (8) OWNER: Harold Wingate LOCATION: Catawba Valley Drive; Catawba District TAX PARCEL(S): 13.00-1-1,2,3,4; 14.00-1-12 FROM: AG-3 TO: AR and AG-1 COMMISSION COMMENTS: The property is located wi thin a rural preserve area. No public utilities are available. Residential densities permitted by the AR district would be inconsistent with the character of the area. (9) OWNER: R. L. Moran LOCATION: Creekside Drive; Catawba District TAX PARCEL(S): 66.01-3-19 FROM: AR TO: R-1 ~ ~ I I ~ June 22, 1993 42 7;, ~ COMMISSION COMMENTS: The property is located wi thin a rural preserve area. Although pUblic water service to this property is likely feasible after the construction of the Spring Hollow water transmission line, the steep topography and limited access to the property preclude the suitability of higher residential densities allowed by R-1 zoning. (10) OWNER: Merriman Sears LOCATION: Hidden Woods Drive; Windsor Hills District TAX PARCEL(S): 66.00-1-2,7,8 FROM:' AG-3 TO: AR I COMMISSION COMMENTS: The property is located wi thin a rural preserve area, and is served by public water. The property has a very steep mountainous terrain. The only potential access to the property is Hidden Woods Drive. Due to topography, access from Hidden Woods Drive is problematic. In addition, Hidden Woods Drive is a cul-de-sac that was designed to a lesser street standard. The è.evelopment of the Sears property at an AR density would result in traffic volumes that exceed the design capacity of Hidden Woods Drive, and are inconsistent with the neighborhood character. 2. That said map or maps are attached hereto and incorporated herein by reference. 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning I Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance, and ~ JI'" 42 8 c' June 22, 1993 ~ carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance to Amend the Official Zoninq Ma~s of Roanoke County bY Rezoninq 767.33 Acres of Land from AG-3 and AG-12 to EPD (Explore Park District). located in the vinton Maqisterial District. Upon the Petition of the Virqinia Recreational Facilities Authority. (Terry Harrinqton. P1anninq , Zoninq Director) 0-62293-14 Mr. Harrington reported that Explore Park is proposing to I rezone properties owned by the Virginia Recreational Facilities Authority to ohtain the necessary local approvals for various components of the Park. The parcels comprise only a portion of the 1,500 acre site. Mr. Harrington advised that the Explore Park District was written in such a way that all information submitted as part of the application constitute proffered conditions. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 62293-14 TO CHANGE THE ZONING CLASSIFICATION OF I TRACTS OF REAL ESTATE TOTALLING 767.33 ACRES LOCATED IN THE EXPLORE PARK IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG-3 TO THE ZONING CLASSIFICATION ~ "'II1II ~ June 22, 1993 42 9 ..,;. , OF EPD WITH CONDITIONS UPON THE APPLICATION OF THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY WHEREAS, the first reading of this ordinance was held on May 25, 1993, and the second reading and public hearing was held June 22, 1993; and, WHEREAS, the Roanoke County Planning commission held a public hearing on this matter on June 1, 1993; 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 tracts of I real estate totalling 767.33 acres located at the Explore Park in the Vinton Magisterial District is hereby changed from the zoning classification of AG-3, Agricultural/Rural Preserve District, to the zoning classification of EPD, Explore Park District. 2. That this action is taken upon the application of The Virginia Recreational Facilities Authority. 3. That pursuant to section 30-71 of the Roanoke County Zoning Ordinance (Explore Park District) all of the written and graphic information prepared and submitted as part of this application shall constitute proffers pursuant to Section 30-15 of the Zoning Ordinance. 4. That real estate affected by this request is as I follows: Parcel Tax Map Number Acreaqe ~ JI""" 430 June 22, 1993 1 71. 00-1-3 47.70 2 71. 00-1-6 5.93 3 71. 00-1-8 2.00 4 71.00-1-12 9.00 5 71.00-1-13 33.05 6 71. 03-1-10 24.16 7 71. 03-1-11 3.75 8 71. 03-1-15 18.78 9 80.00-1-34.2 3.83 10 80.00-1-34.3 0.07 11 80.00-1-35 21.96 12 80.00-2-32 8.67 13 80.00-2-33 23.00 14 80.00-2-34 13.86 15 80.00-2-35 5.00 16 80.00-2-36 0.30 17 80.00-5-24 488.28 18 80.00-5-26 10.00 19 80.00-5-27 18.12 20 80.00-5-29 22.66 21 80.00-5-30 1. 00 22 80.00-5-31 2.23 23 80.00-5-32 :'.23 24 80.00-5-34 1.75 ~ I 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, arid 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 Nickens to adopt the ordinance, and carried by the follow~ng recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix I NAYS: None .... "'II1II 431 ~ June 22, 1993 IN RE: CITIZEN COMMENTS AND COMMUNICATIONS .L. Marqaret Crouse. Windsor West. Concerninq Brush and Bulk Collection. Ms. Crouse asked that bulk and brush be collected more frequently than once a month. She also asked that the Regency Circle Street sign be replaced. Supervisor Nickens asked staff to determine why it takes so long to replace street signs. II meeting, and will be included in the work session on the General Services Department. IN RE: NEW BUSINESS ~ Request for Expansion of the Bulk/Brush Collection Elmer C. Hodqe. County Administrator) This request was continued to the ~uly 13, 1993 Supervisor Kohinke left the meeting at approximately 7:15 p.m. IN RE: ADJOURNMENT At 7: 35 p.m., ?upervisor Johnson moved to adjourn. Tl:ViJ motion carried by a unanimous voice vote with supervisor Kohin';~¡:e absent. H. I ~ II"" I I ~