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HomeMy WebLinkAbout3/28/1989 - Regular March 28, 1989 61 0 ~ . '~.' "" "'., . ',,' , . ~. ..' .-'. "'f# . . ,',7 .,"f· :.. ." . _, '4'" ~ _ ., .. ",.. . .. . . . , . Roanoke' éciúnty'"Bóara Òf 'SupervlsÓrs'" Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 " ···'1·..··..·. March 28, 1989 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of March, 1989. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 3:06 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee Garrett, Vice Chairman Richard Robers, Supervisors Bob L. Johnson, Steven 'A. McGraw , . MEMBERS ABSENT: Supervisor Harry C. Nickens STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator for Human Services; John R. Hubbard, Assistant County Administrator of Community Services and Development; Don M. Myers, Assistant County Administrator for Management Services; Paul M. Mahoney, County Attorney, Mary H. Allen, Deputy 61 1 March 28, 1989 Clerk; Anne Marie Fedder, Information Officer IN RE: OPENING CEREMONIES The invocation was given by the Reverend Rudy Hollard, Berean Baptist Church. The Pledge of Allegiance to the United States Flag was recited by all present. IN RE REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS County Administrator Elmer Hodge withdrew Item 3, a request from the Treasurer to expand the NCR Cashiering System. IN RE: NEW BUSINESS 1. Status of the 75/25 Economic Development Policy Economic Development Director Tim Gubala presented the report. He updated the Board on the policy established in October 1987 which was developed to raise the residential and commercial/industrial ratio to 75 percent residential and 25 percent commercial/industrial. He reported that the present ratio is 84%-15%. Reassessments helped raise the level, but March 28, 1989 61l projects such as Valleypointe also helped. He advised that there are several areas needed to improve the economic development program. They are (1) an uJ?<iated invent:0~Y of buildings and sites; (2) retention of existing businesses; (3) attracting new business from outside the community; and (4) encouragement of tourism and travel. Supervisor Robers expressed concern at the slight growth because it will take 80 years to reach the 75/25 goal at the present level. He felt that specific goals and programs should be developed. In response to questions, Mr. Gubala advised that in 1987, the goal of 75/25 was set for the year 2003. Supervisor Garrett suggested an educational campaign for the citizens so they understand the need for commercial rezonings. Mr. Hodge advised they will have a consultant come in to evaluate the present economic development strategy and bring it back to the board. Supervisor Johnson moved to delay action for 60 days for review and evaluation of the policy by a consultant. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: ABSENT: None Supervisor Nickens 6 1 ~ ~4 March 28, 1989 2. Authorization to extend water lines on Williamson Road A-32889-1 Utility Director Clifford Craig presented the staff report. He reported that the Hollins Court development plans called for water to be provided by bulk water service from City of Roanoke, but it was discovered that bulk water service was not required and a connection to the city line could be made. The developer set the costs of the project and sale of lots upon this connection, and has requested that the County extend the water line to the east side of Williamson Road. Staff recommended that the Board authorize this extension at a cost of $8,0000 to $12,000 with funding from the Utility Enterprise Fund. Supervisor Garrett moved to approve the staff recommendation. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens ABSTAIN: Supervisor Johnson 3. Request from Treasurer to expand NCR Cashing System This item was withdrawn from the Agenda. 61 4 March 28, 1989 4. Authorization to amend Chapter 8 of the Roanoke County Code "Erosion and Sediment Control" A-32889-2 Director of Development and Inspections Arnold Covey presented the staff report. He explained that these amendments are either mandated by state law or left as an option for the local government. They also incorporate title changes due to reorganization with the County staff. Staff recommended that the County Attorney prepare the necessary ordinances and legal notice to amend the ordinance. It is anticipated that between $10,000 and $15,000 will be generated annually by fee increases. Supervisor McGraw moved to approve the staff recommendation. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens 5. Request for appropriation for construction of Back Creek Fire Department buildinq. A-32889-3 61 5 March 28, 1989 Fire and Rescue Chief presented the report. He advised that a 35 member volunteer fire company has been formed for the Back Creek Fire Department and they became involved in the design of the new building. $300,000 was included in the 1985 bond for a substation and $253,000 remains. . It is estimated that the construction costs will now be $306,890, an increase of $53,890. This includes an additional bay and a second story. Staff recommended that the board approve the bid of $306,890 with the additional costs funded from the bond reserve. Supervisor Garrett moved to approve the staff recommendation. Supervisor Johnson suggested that the motion be amended to include that the costs not exceed $307,000. Supervisor Garrett agreed to the amendment. The amended motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Robers, McGraw, Garrett None Supervisor Nickens 6. Acceptance of a donated vehicle to the Mount Pleasant Fire Company. A-32889-4 Chief Fuqua reported that WDBJ-TV has expressed a desire to donate a 1979 van to the Mt. Pleasant Fire Company ~ March 28, 1989 616 which will be used to carry Level II hazardous materials equipment. The van is in good mechanical condition. Supervisor Johnson moved to accept the donation of the van and to provide insurance coverage and repairs, and assign the unit to the Mount Pleasant FIre Department to be used to carry hazardous materials equipment. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens IN RE: REQUEST FOR WORK SESSION AND PUBLIC HEARING 1. Request for a Work Session on April 11, 1989 and Public Hearing on April 25, 1989 on the Funding Priorities for the Secondary Highway Six Year Construction Plan. The work session was set for April 11, and the public hearing was set for April 25, 1989. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson investigate the legislation asked the County Administrator to concerning the requirements that 61 7 March 28, 1989 - - trucks hauling dirt and other materials must have covers, and to contact the sheriff for assistance in enforcing this law. Supervisor Robers advised he had received a letter from Williamburg regarding highway funds that are being used in that area. He suggested it might be possible to divert some of these funds to Roanoke County and asked the County Administrator to investigate. Supervisor McGraw informed the Board members that he felt a refuse fee should be reinstituted to provide funds for an expanded recycling program. He asked for citizen input on this issue. Supervisor Garrett asked that the Virginia Department of Transportation and the Clean Valley Council be contacted about possible ways of removing trash along road right-of-ways. IN RE: CONSENT AGENDA Supervisor Johnson moved to approve the Consent Agenda. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens March 28, 1989 61 8 RESOLUTION NO. 32889-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for March 28, 1989, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1. Approval of Raffle Permit Department Mason Cove Fire 2. Adoption of resolution amending resolution 83-43 establishing a policy for use of Community Room. 3. Resolution of Appreciation to recognizing school food service employees. 4. Acceptance of water and sewer facilities serving Woodbridge Section 10. 5. Acceptance of water and sewer facilities serving the Forest Condominiums 6. Resolution supporting the certification of a judicial vacancy in the General District Court of the Twenty-third Judicial Circuit. 7. Request for support that the Virginia Employment Commission be named subs tate Grantee for the Dislocated Workers Program. 2. That the Clerk to the Board is hereby authorized . . 61 9 March 28, 1989 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, seconded by Supervisor Garrett, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens RESOLUTION 32889-5.b AMENDING RESOLUTION NO. 83-43 AND ADOPTING A POLICY FOR USE OF THE ROANOKE COUNTY ADMINISTRATION CENTER COMMUNITY ROOM, AND AUTHORIZING THE ESTABLISHMENT OF RULES AND REGULATIONS AND A FEE SCHEDULE WHEREAS, on March 8, 1983, the Board of Supervisors of Roanoke County, Virginia, adopted Resolution No. 83-43 establish- ing a policy for the use of the Roanoke County Administration Center Community Room; and WHEREAS, occasions over the past years have arisen which indicate a need for a more detailed policy to assist the County Administrator and staff to address questions relating to the use of this facility. NOW, THEREFORE be it resolved by the Board of Supervi- sors of Roanoke County, Virginia, as follows: 1. That Resolution No. 83-43 is hereby rescinded. '¡JJ ~ ~' ... .. ~ March 28, 1989 62 0 -, 2. That the following rules and regulations governing the use of the Roanoke County Administration Center Community Rule 1. Room are hereby adopted: Rule 2. Rule 3. Rule 4. Rule 5. Rule 6. Permitted Use (in order of priority) and Fee Schedule A. Board of Supervisors of Roanoke County - No Fee B. Roanoke County: Departments, Employees, Agenc ies , Committees, and Commissions - No Fee C. State and Federal Government: Officials and Agen- cies - No Fee D. Non-governmental: Civic, Cultural, Political, Religious, and Educational Groups (Application Necessary) $50/Day } ~ Permitted Uses As Approved by the Board of Supervisors A. Social Gatherings (Application Necessary) $50/Day Prohibited Uses A. Commercial uses B. Fund-raising uses No smoking or alcoholic beverages allowed Groups are not to charge admission or ask for donations at any meeting. An "Application for Use of the Roanoke County Community Room" must be completed as soon as possible prior to 62 1 March 28, 1989 '- the date of the event for use by ID and 2A only. Approval will be by letter. Rule 7. Applications can be obtained from the following: Board of Supervisors 3738 Brambleton Avenue P. O. Box 29800 Roanoke, VA 24018-0798 Phone: 772-2005 Rule 8. Organizations holding meetings assume responsibility for any damage to room or contents. The room must be left in a neat and orderly condition. If additional cleanup is required, the organization will be notified and charged for this service. The organization will indemnify and hold harmless Roanoke County from any and all claims for damages or injuries arising out of the use of the Community Room. Rule 9. Neither the name nor the address of the Roanoke County Administration Center may be used as the official address or headquarters of an organization. Rule 10. No additional furniture or equipment other than that situated in the Community Room is to be used without approval. Rule 11. Use of other equipment is a "Special Request" and per- mission must be granted in advance. March 28, 1989 62 2 ~: :'" ; .. . Rule 12. If the Non-Governmental event (lD or 2A) is held before or after normal working hours (8 a.m. until 5 p.m.) of ".,".~h~ J~.~,i,.J)i~:t:J;9-tJon. .ce.Pt~I:.l> ǵs't:9d.ip..J.,s~rvic~s. wiJ..l.þ,~.. arranged for and paid to Roanoke County General Ser- vices Department at the rate of $10/hour. Rule 13. The person requesting the permit for use of the Commun- i ty Room assumes the responsibility for adherence to "Regulations and Rules for Use of the Community Room," and either that person or a person especially desig- nated will be present during the time requested. Rule 14. These rules are subject to change by the Roanoke County Board of Supervisors. The County Administrator is auth- orized by the Board to develop additional rules and regulations concerning the use, scheduling, and opera- tion of the Community Room, which are not inconsistent herewith. Special Note: Rule 15. The Roanoke County Board of Supervisors reserves the right to alter or amend any previously approved or scheduled use of the Community Room for governmental purposes. 3. That the effective date of this Resolution is April 1, 1989. . ,",: ..... 62 3 March 28, 1989 - On Garrett AYES: NAYS: motion of Supervisor Johnson, seconded by Supervisor and carried by the following recorded vote: Supervisors Johnson, Robers, McGraw, Garrett None t...¡¡;,..__...... ...;,...................'#.~;..~...,....,~.~..................'~""!:''' '''' :......~:.~..~ .',.) ......i...-.. .... ..:......,."....-... :....,'5o,....·~··...~·~.i·· ..""".::.....~......... '. f:.··· RESOLUTION 32889-5.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO FOOD SERVICE EMPLOYEES OF THE ROANOKE COUNTY PUBLIC SCHOOL SYSTEM WHEREAS, the school children of Roanoke County require nourishing and appetizing food during the course of the school day in order to maintain their energy at a level sufficient to promote learning and physical activity; WHEREAS, the school food service employees of the Roanoke County Public Schools provide healthy, nutritious meals and efficient, dedicated service to the students in the County schools and; WHEREAS, April 3, 1989, is National Food Service Employee Recognition Day; NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to the school food service employees of the Roanoke County Public Schools for their outstanding contributions to the quality of education in Roanoke County. On motion of Supervisor Johnson, seconded by Supervisor Garrett and carried by the following recorded vote: ~"" March 28, 1989 62 4 AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: .~. '. .,..?~~~~~.isor Nick.ens '. ~.. ..' ',. '. -, .',' .' 4. . '"' :., ... " .... .' ..;,:_K'.' '. I .. . :.. : .. .r' !..-'~....~, ,'(. ",'. .,~.:, '~'. ..... .,~, '. . ~.',' ...... _. '"~" .'_" ,; ,. RESOLUTION 32889-5.f SUPPORTING THE CERTIFICATION OF A JUDICIAL VACANCY IN THE GENERAL DISTRICT COURT OF THE TWENTY-THIRD JUDICIAL DISTRICT WHEREAS, the Committee on District Courts has considered certifying a judicial vacancy in the General District Court of the Twenty-Third Judicial District, upon the election of the Honorable Diane McQ. Strickland as a Circuit Court Judge of the Twenty-Third Judicial Circuit; and WHEREAS, the Honorable Diane McQ. Strickland, one of the five General District Court judges of the Twenty-Third Judicial District, has been elected as a Circuit Court Judge of the Twenty-Third Judicial Circuit by the 1989 Session of the General Assembly; and WHEREAS, the General Assembly has heretofore seen fit to elect five General District Court judges to serve the Twenty-Third Judicial District which is composed of the City of Roanoke, the City of Salem, the Town of Vinton and Roanoke County; and WHEREAS, failure to certify the vacancy created by the election of Judge Strickland to the Circuit Court judiciary will 62 5 March 28, 1989 - I· ", . create a backlog of cases and impose an undue hardship upon the public, Bar and judiciary; and WHEREAS, the Roanoke County Board of Supervisors believes .' ~ ',... . . ~ .~ ' .. '-, ..." ". > ~ . '" . .. . that it is very important that the Twenty-Third Judicial District continue to be served by five General District Court judges. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. That the Board support certifying the need for five General District Court judges for the Twenty-Third Judicial District in order that a successor can be elected to the Honorable Diane McQ. Strickland. 2. That the Deputy Clerk is directed to forward attested copies of this resolution to the members of the Committee on District Court, to the Circuit Court Judges of the Twenty-Third Judicial Circuit, to the General District Court Judges of the Twenty-Third Judicial District, to the President of the Roanoke County/City of Salem Bar Association and to the members of the ~neral Assembly representing jurisdictions in the Twenty-Third Judicial District. On motion of Supervisor Johnson, seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: ABSENT: None Supervisor Nickens March 28, 1989 62 6 IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS ..~': :,.; """,,'~~";';"I"....;..'': ';'i"-' .·.\r::,.. ~'" ..'.............. ",: .... .~ ,!_I 'Q ...'....... . .~....t. ,,' ,',,'.'.-"1" .'. .....~ .........., ..;, ......"." ~"~.¡.'" . " ," ~.: '._ ..... ":." . .~. ';, ..··t...,... .... '_",' ........... _. :j 1. Lee Linkous to address budqet concerns. Mr. Linkous, a Roanoke County employee, asked the Board to work on raising the level of county salaries and that all county employees' salaries be treated equally, regardless of the division they are employed by. IN RE: REPORTS Supervisor McGraw moved to receive and file the following reports. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens l. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund 4. Income Analysis and Statement of Expenditures as of February 28, 1989. 62 7 March 28, 1989 IN RE: EXECUTIVE SESSION Supervisor Garrett moved to go into Executive Session at 4:00 p.m., pursuant to the Code of Virginia 2.1-344 (a) (7) to discuss a legal matter; and (1) to discuss a personnel matter. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens IN RE: OPEN SESSION Supervisor McGraw moved to return to Open Session at 5: 00 p.m. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens IN RE: RECESS " March 28, 1989 62 Q At 5:01 p.m., Chairman Garrett declared a dinner recess. ...."" f -;. -'C.....,;... ó¡l; .' -"t..: :." .... '!-'. .:. .11 __ ~.....,., . .~........: ''';··'u .....,:. -."' ...' ..> .' "I- '';'.,''''tl:' .~..:. ..... :.'''' \.0;,.,_... .~.. ..:...", ...~........... ....";.... ...",:-,., ¡' ......~., :. ,.....o1..;...J -;.- ....:,;.,.., "': ....:: ,'.' "; " ., : I,"'" . ,._ ',..w .,; ..~~.'" ",' :-..... ,;'.1. EVENING SESSION (7:00 P.M.) IN RE: PROCLAMATIONS, RESOLUTIONS AND AWARDS 1. Resolution of Appreciation to Ida and Ernest H. Arthur. Mr. and Mrs. Arthur were present. They were recognized for their assistance and the use of their home when a plane crashed at the Farmington Lakes area on March 3, 1989. Supervisor Johnson moved to adopt the prepared resolution. The motion was seconded by Supervisor McGraw and carried by the following voice vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens RESOLUTION 32889-6 EXPRESSING THE APPRECIATION OF THE THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO IDA AND ERNEST ARTHUR FOR THEIR OUTSTANDING SERVICE TO ROANOKE COUNTY. WHEREAS, Roanoke County is indebted to its citizens who offer assistance and support during a disaster situation; and 62 9 March 28, 1989 WHEREAS, such a situation occurred on March 3, 1989, when a small plane crashed in the Farmington Lakes area, necessitating many hours of investigation and debris removal by the Virginia State Police and Roanoke County Fire and Rescue personnel; and WHEREAS, Ida and Ernest Arthur opened their home to the rescue and police personnel, generously offering the use of their house as a command post and shelter for workers and neighbors who were unable to use their own homes. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors, on behalf of the personnel involved in the incident and all the citizens of Roanoke County, expresses deep appreciation and gratitude to Ida and Ernest Arthur for their generosity and compassion towards rescue personnel and the residents of the area. On motion of Supervisor Johnson, seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens , March 28, 1989 63 0 - IN RE: PUBLIC HEARINGS (389-1 AND 389-2 WERE HEARD ON MARCH On: .~. .. ;.. ~. ~ ._;. ..,: "". ',' J.~4.l,.,:,:~..9 ~J L."'..,.d· ....;..' ....,.. " .' - .",: . , ,¡., ~.' ;,;~.' ..,.. "......' -r ~ '.'~' ",'; ," ~",,¡~ ,,<I". .t..- ....~ ~~.. t¡, '.' ,.; :~.._"";..':...': .,,,¡\or; ,;.;.~. :..., .~'»'..'. " - ...,.;,.1.. "",.;'<' ,':: .,¡;.' ;t to·...... " . ~" ../'. /~'"'' r:. "'.~._. ;:--. 389-3 Petition of rezone a Residential multifamily Chaparral Magisterial FEBRUARY 28, J. L. Woltz and R. N. Bradley to 2.92 acre tract from R-l, to R-3, Residential to construct residences, located at 3464 Drive in the Cave Spring District. (CONTINUED FROM 1989.) Director of Planning and Zoning Terry Harrington reported that 60 units are planned for this rezoning, and the Land Use category for this property is Development which discourages high density residential (12-24 units per acre). The proposed development is 20.55 units per acre. The petitioner has proffered three conditions. The Planning Commission voted unanimoulsy to recommend denial because of the density and the petitioners had not proffered the site plan. Robert H. Turner, Jr., spoke in opposition to the rezoning because of the density of the proposed development. He advised that the matter had not come before the board of Stonehenge and they had no position on the rezoning. Robert Bradley and Jim Woltz, the petitioners presented their plans for the development. They advised that they did not proffer the concept plan because their wanted to retain 63 1 March 28, 1989 - , flexibility in the site plan. Mr. Woltz presented a petition from some of the surrounding residents expressing support for the project. He showed the board a map with their development and the surrounding property owners. They have also discussed the development with the single family homeowners. He advised that 83 of the 89 people they talked with had signed the petition of support. The people were aware of the density of the project. They are also willing to add another proffer to protect a single family home. Supervisor Garrett expressed concern about the denial recommendation of the Planning Commission, and about the density of the proposed project. Supervisor Johnson advised that they could not accept a proffer at the public hearing. Supervisor Robers asked if the petitioners would be willing to continue the hearing so that the petitioners could work on lessening the density. The petitioners agreed to a 30 day delay. Supervisor Robers moved to continue the rezoning request to April 25, 1989. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens March 28, 1989 63~ ... .....- -.... ";," ',-' .~ '. ". , ' " " '." Petition of William and Euqenia Ball requesting rezoning from R-1 Residential to B-1 Business to operate medical offices in an existing structure, and to amend the Future .. . .L.~nd.us.~.M.ªP. deS~9n.:itJ.o}1. f.r0!ß D_~y.e~'?pm~l1t. t? Transition of a tract containing 1.23 acres and located at 3511 Ogden Road in the Cave Spring Magisterial District. 389-4 Mr. Harrington presented the staff report. He advised there were two significant impact factors dealing with traffic and access. There are proffered conditions to the rezoning and the Planning Commission recommended approval of both the rezoning request and the land use amendment. Carl Kinder, attorney for the petitioner was present to answer questions. Supervisor Robers moved to approve the rezoning. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens Supervisor Robers moved to amend the Land Use Plan. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None 633 March 28, 1989 - ABSENT: Supervisor Nickens FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 77.11-1-57 and recorded in Deed Book 1297, page 1639 and legally described below, be rezoned from R-l Single Family Residential District to B-1 Business District and be redesignated from Development to Transition in the Future Land Use Guide of the Comprehensive Development Plan. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. BEGINNING at a point on the north side of Oqden Road, S. W., corner to the land of the Kniqhts of pythias of Roanoke, Va.: thence with the north side of Oqden Road, S. W., N. 74· 09' 07· W. 83.86 ~eet to a point: thence continuinq with the north slde of Oqden Road, S. W.~ N. 63· 34' 45· W. 153.52 feet to a point: thence·N. 16· 15·' 50· W. 67.92 feet to a point on the east side of Colonial Avenue, S. W.: thence with the east side of Colonial Avenue, S. W., N. 29° 43' 19M E. 174.08 feet to a point on the east side of Coionial Avenue, S. W., corner to Lot 5, Oqden Hills: thence S. 51° 27' E. 294.05 feet to a point: thence S. 32· 28' W. 147.37 feet to ~he PLACE OF BEGINNING, containing 1.231 acres accord~ng to a plat of survey by T. P. Parker' Son, Engineers & Surveyors, Ltd.. dated October 12, 1988. ....., March 28, 1989 63 4 1. The rezoned parcel will be used for the t:.' ~ ··s construction and operation of medical offices for the ?ractice of family medicine. The current building on subject"prop~rty' wil1"'be retained and' an 'addition ·'built.in the same style will be added to the rear of said existing building. 2. The medical practice will be limited to no more than three (3) physicians. 3. The development of the property will be in substantial compliance with the concept plan submitted with the application for rezoning. 4. The "small evergreen trees" shown as a part of "Type 'C' Buffer" will be at least five (5) feet in height at planting. 5. The "fence" shown as a part of the "Type 'C' Buffer" will be constructed of wood and wil1 be at least six (6) feet in height, and will be in place prior to the commencement of construction of the site. 6. The "small evergreen trees" will be placed in a staggered manner on each side of the "fence". 7. AIl trees and natural vegetation will be saved as possible. 8. Outside lighting at the building will be residential in appearance, and the lights and poles will not exceed ten (10) feet in height. 9. Parking lot lighting will not exceed five (5) ç........~ in 1,piaht. 6Js M"''''F!R 2A, 1 <)A<) --'- 10. Signage will be limited to fifty (50) square feet and will be substantial1y as shown on Exhibit "A" attached. 389-5 Petition of Jack Bess requesting rezoning from R-3 Residential to B-1 Business to operate an office in an existing structure on a tract containing 2.16 acres and located at 5422 Starkey Road in the Cave Spring Magisterial District. Mr. Harrington reported that there are six proffered conditions and that the Planning Commission unanimously recommended approval. The petitioner, Jack Bess, Route 1, Boones Mill was present and advised that he will use the existing building for a few years and at some point will remove the existing structure and build an office building. Supervisor Robers moved to approve the petition with proffered conditions. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 87.19-2-485 and recorded in Deed Book 2, page 138 and March 28, 1989 636 legally described below, be rezoned from R-3 Residential District to B-1 Business District BE IT, ·FURTHER ORDERED. that- ·a· ,copy·,·...of,.·u th.is order· be· transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. Beginning at a point in the east line of Starkey Road, said point being 249.20 Feet south of the intersection of the south line of Sleepy Hollow Drive and the east line of Starkey Road S. W.; thence leaving Starkey Road and with the division line between Lots 2 and 3, Section 2 of Southern Pines S 650 55' E 412.00 Feet to an old iron pipe in the west line of Lot 10; thence with common lines between Lots 3, 4, 9, and 10, S 240 05' W 220.00' Feet to an old iron pipe; thence with the common line between Lots 4 and 5, N 650 55' W 451.90 Feet to an old iron pin in the east line of Starkey Road; thence with the east line of Starkey Road N 350 56' E 135.10 Feet to an angle goint; thence N 310 10' E 10.9 Feet to an angle point; thence N 30 - 59' E 77.60 Feet to the point of beginning, and containing 2.16 Acres and being Lots 3 and 4, Section 2, Map of Southern Pines Subdivision recorded in Plat Book 2, Page 138 of the Roanoke County Clerk's Office. PROFFER OF CONDITIONS ( 1) Starkey Road ( 2 ) only. ( 3 ) Professional offices only with one entrance on Property shall be used for professional offices Type C screening and buffering shall be provided. 63 7 March 28, 1989 - - (4) Total signage on the property shall not exceed 100 sq. ft. No freestanding signage shall be allowed on the property. (5) All parking shall be located behind the front line of the house. (6) Total building floor area shall not exceed 6,000 sq. ft. and height shall be limited to 2-1/2 stories. 389-6 Petition of Stephen and Michelle Wike requesting rezoning from R-l Residential to B-1 Business of a tract containing 1.13 acres to operate an office in an existing structure located at 5681 Starkey Road in the Cave Spring Magisterial District. Mr. Harrington presented the staff report. He advised that the only significant impact factor was the circulations. There were six proffered conditions and the Planning Commission recommended unanimous approval. Ed Natt, attorney for the petitioner was present to answer question. Supervisor Robers moved to grant the petition with proffered conditions. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens March 28, 1989 63 8 FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 87.18-1-40 and recorded in Deed Book and legally described below, be rezoned from R-l Residential District to B-1 Business District BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. BEGINNING at a point on the westerly side of Starkey Road, Virginia Secondary Rt. 904 at the Southeasterly corner of the property now or former I y known as the Baptist Parsonage; thence with the westerly side of Starkey Road South 240 16' West 154 feet to a point in the center of a dry branch; thence leaving Starkey Road North 73° 30' West 310.6 feet to a point; thence North 21° 37' East 191.75 feet to a point; thence South 66° 33' East 316.6 feet to the point and place of beginning. PROFFER OF CONDITIONS 1. That the existing residence on the property would be used for the office use with no additions with the exception of improving the parking on the property. 63 9 March 28, 1989 - - 2. That there will be no printing in connection ~ with the business operation. 3. That existing structure will be utilized without enlargement. 4. The square footage of signs shall not exceed 24 square feet. No portable or temporary signs shall be ins ta I led. 5. The cinder block garage to the rear of the existing dwelling will be used only in connection with the operation of the business on the property and will not be leased to outside businesses. 6. All on-site parking shal I occur to the rear of the front line of the existing dwelling. IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES 389-7 Petition of The Roanoke County Board of Supervisors requesting amendments to the Roanoke County subdivision ordinance by adopting the Roanoke County on-site sewage disposal systems and/or wells procedures and adoption of a resolution adopting a new section of the Design and Construction Manual. Arnold Covey reported that development of subdivisions in rural areas without public facilities has created complaints from citizens, realtors and developers who fear contamination to March 28, 1989 640 existing wells, failing septic system or denial of lots. Because of these concerns, the staff and Health Department have developed policies for subdivision approval for on-site sewage disposal systems and wells to insure the proper development of rural subdivision. The Planning Commission met on March 7, 1989 and recommended approval of the ordinance following revisions suggested by the Roanoke Valley Homebuilders. The only suggestions not incorporated was that the staff and Planning Commission feel that all newly created lots should contain their own sewage disposal system. Speaking to this ordinance were the following: 1. Alfred Powell, 3440 Franklin Street spoke in opposition to Articles II and II in the subdivision ordinance because of the cost to small private developers for maps, and surveying and flagging for larger lots. In response to a question from Supervisor McGraw, Mr. Covey advised that he felt that the ordinance should apply to all subdivision lots regardless of size. 2. David Helscher, representing the Roanoke Valley Homebuilders, advised they were opposed to the drain field requirements. He suggested that the ordinance be approved for six to 12 months to see what the problems might be. He reminded 64 1 March 28, 1989 the board members that these requirement add to the cost of a lot to the citizen. Mr. Mahoney informed the board that there are two different actions required: ( 1) adopting the ordinance and (2 ) approval of aa resolution. However, the board may wait to approve the resolution until the second reading of the ordinance on April 11. Supervisor Garrett moved to approve first reading of the ordinance and delay approval of the resolution until the second reading. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens IN RE: SECOND READING OF ORDINANCES 1. Ordinance amending Chapter 7, "Buildinq Requlations" of the Roanoke County Code by amendinq Article II, "Building Code", Section 7 -16, "Adopted". Mr. Mahoney reported that this ordinance will amend the County Code to allow Roanoke County to enforce the building code in the Town of Vinton. No one was present to speak on the ordinance. March 28, 1989 64 2 Supervisor Johnson moved to adopt the ordinance. The motion was seconded by Supervisor Robers and carried by the followi.n,.g r~c:op;i~d. vot~_: .. .:.,. ." ' AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens ORDINANCE 32889-7 AMENDING CHAPTER 7. "BUILDING REGULATIONS" OF THE ROANOKE COUNTY CODE BY AMENDING ARTICLE II. "BUILDING CODE, "SECTION 7-16, "ADOPTED" WHEREAS, the Town Council of the Town of Vinton has requested that Roanoke County assume the responsibility of enforcing the Virginia Statewide Building Code within the corporate limits of said Town; and WHEREAS, Roanoke County shall collect all fees and make all appropriate inspections as required to implement code enforcement within the Town of Vinton; and WHEREAS, the first reading of this ordinance was held on March 14, 1989; the second reading was held on March 28, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 7. "Building Regulations," Article II. "Building Code," Section 7-16 of the Roanoke County Code is here- by amended and reenacted as follows: 643 March 28, 1989 :::f -r l' r ï t Article II. Building Code Sec. 7-16. Adopted. There is hereby adopted by the board of supervisors, insofar as not inconsistent with the laws of the state, this Code r t , and the ordinances of the county, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use, occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain code known as the Virginia Uniform Statewide Build- ing Code, as the same may, from time to time, be amended. Such ; t t , t l' code is hereby adopted and incorporated as fully as if set out at '. length herein and the provisions thereof shall be controlling in the construction of all buildings and other structures within the county and within the Town of Vinton. * * * * 2. This ordinance shall be in full force and effect on July 1, 1989. On motion of Supervisor Johnson, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens March 28, 1989 64 4 IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. The fol~owing citizens r~quest~d to speak concerning parks in the Glenvar area. a. Wayland Winstead, 5353 Cherokee Hills Drive was concerned about whether the Catawba area will have same number of fields available next year. b. Chuck Johnson, 1655 Mill Pond Drive, representing the Catawba Little League, spoke concerning lack of fields at Green Hill Park. c. Bill Allen, 1702 Kings Mill Drive, representing the Glenvar Youth Boosters who support football, basketball and soccer spoke of the need of additional soccer fields. Supervisor McGraw requested that plans to replace the fields in the Glenvar area be included in the budget process, and that at least a year's notice be given before Roanoke County must give up the present fields to allow time for the Green Hill Park fields to be completed and ready for use. IN RE: ADJOURNMENT 645 March 28, 1989 At 8:40 p.m., Supervisor Johnson moved to adjourn. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None ABSENT: Supervisor Nickens .'. '·:';t. ¡J a~?' ,J,:)e4:....-~"~- ./ Jarrett, Chairman f~'f( Lee ¿I . ,,tl', , . , ._,~, ~:O~"f