HomeMy WebLinkAbout11/15/2005 - Regular
November 15, 2005
1211
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
November 15, 2005
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the third Tuesday and the only
regularly scheduled meeting of the month of November, 2005.
IN RE:
CALL TO ORDER
Chairman Altizer called the meeting to order at 3:00 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Michael W. Altizer, Vice-Chairman Michael A.
Wray, Supervisors Joseph B. "Butch" Church, Richard C.
Flora, Joseph McNamara
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; John M. Chambliss, Assistant County
Administrator; Dan O'Donnell, Assistant County
Administrator; Diane S. Childers, Clerk to the Board; Teresa
Hamilton Hall, Public Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by Pastor Ken Wright, Evangel Foursquare
Church. The Pledge of Allegiance was recited by all present.
1212 November 15, 2005
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Mahoney requested the addition of Item E-3, resolution amending the
County's legislative program.
Chairman Altizer requested the addition of Item B.1-1, resolution of
congratulations to Elmer C. Hodge upon his 20th anniversary as Administrator for the
County of Roanoke.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1. Resolution of conQratulations to Elmer C. HodQe upon his 20th
anniversary as Administrator for the County of Roanoke.
R-111505-1
Chairman Altizer presented the resolution of congratulations to Mr. Hodge.
Also present was Steve McGraw, Clerk of the Circuit Court.
Supervisor Flora moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS:
None
RESOLUTION 111505-1 OF CONGRATULATIONS TO ELMER C.
HODGE UPON HIS 20TH ANNIVERSARY AS ADMINISTRATOR FOR
THE COUNTY OF ROANOKE
WHEREAS, Elmer C. Hodge was appointed as Administrator for the County of
Roanoke, Virginia, on November 7, 1985; and
WHEREAS, under Mr. Hodge's capable guidance and direction for the past twenty
years, many County projects have been accomplished which include the following:
November 15, 2005
1213
· Roanoke County being named an All America City
· Construction of Smith Gap Landfill
· Design and construction of Spring Hollow Reservoir
· Creation of the Roanoke County Police Department
· $100 million in support for school capital construction projects
· Development of the Center for Research and Technology
· Development of the Vinton Business Center
· Construction of a new Public Safety Center
WHEREAS, Mr. Hodge has assembled a strong management team, encouraging
individual responsibility while fostering a group approach to problem solving, and providing
many opportunities for training and education for all employees; and
WHEREAS, Mr. Hodge is respected among other government leaders and is
known for his calm, even-tempered management style that facilitates the cooperation and
partnerships necessary to move forward with collaborative projects; and
WHEREAS, Mr. Hodge has supported the following regional initiatives: Roanoke
Regional Airport Commission; Roanoke Valley Resource Authority; Virginia's Explore Park
and the Blue Ridge Parkway Visitor Center; Roanoke Valley Regional Fire/EMS Training
Center; joint staffing of the Clearbrook Fire Station; Western Virginia Water Authority;
Western Virginia Regional Jail Authority; Laurel Mountain Police Driving Center and the
Roanoke Regional Firearms Training Center; and
WHEREAS, Mr. Hodge has shown his support for his community by participating in
numerous professional, church and civic organizations, among them the International
City/County Management Association, the Roanoke Valley Economic Development
Partnership Executive Committee, the Western Virginia Water Authority Board of
Directors, and the United Way of Roanoke Valley Board of Directors. He is a past
president of the Virginia Local Government Management Association and has also been
active in the Leadership Roanoke Valley program; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the
County of Roanoke, Virginia, offers its sincere congratulations to ELMER C. HODGE upon
his 20th Anniversary as Administrator for the County of Roanoke and expresses its
appreciation to Mr. Hodge for his contributions which have enhanced the quality of life for
the citizens of Roanoke County.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
IN RE:
PUBLIC HEARING
1. Public hearinQ to receive citizen comments reQardinQ proposed
amendments to the fiscal year 2005-2006 budQet in accordance
1214
November 15, 2005
with Section 15.2-2507. Code of VirQinia. (Diane D. Hyatt. Chief
Financial Officer)
Ms. Hyatt advised that this time has been set aside for a public hearing
related to budget amendments. She indicated that localities in Virginia are required to
advertise and hold a public hearing when they have budget amendments in a Board
meeting in excess of $500,000 or 1 % of their budget, whichever is less. She outlined
the following appropriations which are on the agenda for today's meeting: (1)
Appropriation of an amount not to exceed $54,393 in fee for service revenues in excess
of budget to be used for Fire & Rescue capital fund purchases; (2) Appropriation of an
amount not to exceed $679,628 to the major county capital reserve; (3) Appropriation of
an amount not to exceed $784,359 to the minor county capital reserve; (4) Request
from the Fire and Rescue Department to accept and appropriate grant funds in the
amount of $500 from the Wal-Mart Foundation for the purchase of safety education
equipment; (5) Request to accept and appropriate a local government challenge grant in
the amount of $5,000 from the Virginia Commission for the Arts; (6) Request from the
Fire and Rescue Department to accept and appropriate grant funds in the amount of
$20,000 from the Virginia Department of Emergency Management for the Community
Emergency Response Team (CERT) program.
Ms. Hyatt advised that no action is required on this item at this time.
In response to an inquiry from Supervisor Altizer, Ms Hyatt advised that
the minor and major capital appropriations are part of the year-end distribution of
November 15, 2005
1215
excess funds, based on policies adopted by the Board. The policies direct that excess
expenditure funds be appropriated to the minor capital fund for use in funding items
under $500,000 that are not part of the adopted Capital Improvement Program (CIP);
revenues in excess of budget are appropriated to the major capital fund for use In
funding items over $500,000 that are part of the adopted CIP.
There were no citizens present to speak on this item.
BRIEFING
1. BriefinQ reQardinQ Roanoke County/Hollins University
collaborative project Technical Education for Kids (TEK) Camp
2006. (DouQ Chittum. Director of Economic Development: Carol
Reed. Chief Information Officer = Hollins University)
Mr. Chittum reported that he is pleased to provide a briefing on the
Technology Education for Kids (TEK) Camp, and noted that Hollins University was
instrumental in implementing this program. He advised that Carol Reed, Chief
Information Officer for Hollins University, would provide additional background
information on the program.
Mr. Chittum noted that the Regional Economic Development Strategy
adopted by the Board references the need to collaborate with businesses and higher
education institutions, such as Virginia Tech, on a regional level. He stated that staff
has worked toward this goal through their economic development efforts; however, they
recognize that there are many great institutions of higher learning, such as Hollins
IN RE:
1216
November 15, 2005
University, here in our area. Mr. Chittum advised that staff periodically meets with
representatives from Hollins University to discuss possible collaborative initiatives, and
one idea that was developed by the students at Hollins was the premise for TEK Camp.
He indicated that the TEK Camp is geared toward children who may not have as many
resources available to them. The purpose of the camp was to expose children to a
university setting and technology, and to illustrate the relationship between technology
and how it can be applied to a career or job setting. He recognized Elaine Simpson,
Elaine Carver, Teresa Hall, Betty McCrary, and Diana Rosapepe for their assistance in
developing and promoting the camp. A video regarding TEK Camp was presented.
Ms. Reed stated that Hollins University's goal was to provide children who
may not otherwise have the opportunity with a chance to be exposed to technology in a
campus setting. The children are allowed to develop a production on the Hollins
campus television station, and it is hoped that this will encourage the children to further
their education or to find a position in the technology field that will allow them to remain
in the Roanoke Valley. In the coming year, there will be new ideas and the number of
children attending the camp will be doubled from 20 to 40. She indicated that the
children are from the Roanoke County and Salem areas. Some of the activities at TEK
Camp included the following: a scavenger hunt that involved taking pictures of items;
live broadcast from the television studio; chemistry experiment; demonstration of the
Police assault vehicle; thermal imaging; computer robots; web and photo design; safe
surfing on the internet; and how to develop a resume. Ms. Reed advised that
November 15, 2005
1217
businesses have supported the camp and anyone interested in donating to the camp
should contact Hollins University. She noted that Supervisor Flora spoke to the children
at the camp, and that the families were very appreciative of the benefits provided
through the camp.
The Board members each expressed their appreciation to Hollins
University for partnering with Roanoke County in this endeavor, and conveyed their
thanks to the staff for their efforts on behalf of this program.
2. BriefinQ reQardinQ the Real Estate Valuation Department process
and upcominQ work session. (Elmer C. HodQe. County
Admi nistrator)
Mr. Hodge advised that at the October 25 Board meeting, a request was
made to schedule a work session to answer some of the questions raised regarding the
Real Estate Valuation Department. He stated that in preparing for the work session,
two individuals were asked to provide independent reviews of the County's Real Estate
Valuation Office. He stated that both reports have been finalized, but the individuals
were unable to attend the meeting today; therefore, the work session has been
postponed until the December 6 meeting. At that time, Tom Morrelli, Senior Property
Appraisal Consultant with the Virginia Department of Taxation will attend, along with
Mike Quinn. Mr. Hodge advised that Mr. Quinn is an attorney and accountant with
Norfolk Southern, and he is also a Roanoke County resident. He indicated that both
1218
November 15, 2005
reports are very favorable, but he wanted the individuals to be present to provide the
information in person and to be available to answer questions.
IN RE:
NEW BUSINESS
1. Presentation of the results of operations for the fiscal year ended
June 30. 2005 and appropriation of funds. (Rebecca E. Owens.
Director of Finance)
A-111505-2
Ms. Owens stated that fiscal year 2004-2005 was a year of strong
financial position achieving many Board initiatives. The goals and initiatives of the
Board of Supervisors promote Roanoke County's economic progress, improve the
community's quality of life and poise the County to respond to future development
needs. This year initiatives in the areas of Regionalism, Education, Public Safety,
Economic Development, and Capital Improvement were accomplished. She indicated
that KPMG, the County's auditors, completed the audit of the financial operations of the
County of Roanoke for the year ended June 30, 2005 and the County will receive a
favorable opinion. She further noted that the information being presented is the same
information that was presented to the Board in work session on September 27, 2005.
Ms. Owens reported that actual revenues received exceeded budgeted
revenues by $1,837,478. The additional revenues collected were primarily from
increased tax collections in the areas of real estate, recordation and conveyance tax,
bank franchise tax and cellular phone tax, and are attributed to a more positive
November 15, 2005
1219
economic climate. She noted that a detailed analysis of the general fund revenues is
outlined in Attachment II in the Board's agenda packet. Ms. Owens advised that most
of these revenues were anticipated during the 2005-2006 budget preparation, and they
were discussed with the Board and included in the current year's budget. Since 1989,
the Board has followed an informal goal of maintaining an unreserved fund balance at
6.25% of the general fund revenues. In December 2004, the Board adopted a formal
policy that would increase the unreserved fund balance incrementally over a seven year
period providing for the long-term economic stability of the County. According to the
policy, the County will reach 11 % of general fund revenues by fiscal year 2010-2011.
Ms. Owens indicated that at June 30, 2005, great progress was made towards this goal
with undesignated fund balance for the general fund at approximately $12.9 million or
8.28% of fiscal year 2005-2006 general fund revenues
Ms. Owens advised that also during 2004-05, the Board of Supervisors
and School Board adopted a joint funding policy to provide for a funding stream for
County and School capital improvements in future years. The polices for use of general
fund revenues and expenditures in excess of budget at year-end designates portions of
year-end balance for major and minor capital projects, as well as to the general fund
unappropriated balance. Based upon these policies, Ms. Owens indicated that staff
recommends the following appropriations: (1) $1,103,457 to be added to the general
fund unappropriated balance. She advised that no action is required from the Board for
these funds to close to the unappropriated balance. (2) $679,628 to be appropriated to
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November 15, 2005
the major county capital reserve. (3) Revenues from the fee for service exceeded
budget by $54,393. At the time the ambulance fee was approved, these revenues were
verbally committed to Fire and Rescue and will need to be appropriated accordingly.
She stated that staff recommends appropriating $54,393 to the Fire and Rescue capital
account. (4) Departmental expenditure savings were $1,416,242, as shown on
Attachment IV in the agenda packet. Of this amount, $310,325 was a one-time savings
on the first year principal payment of the Public Safety Center. This leaves
departmental savings of $1,105,917 available for rollover. From this amount, the Board
previously approved at the August 23, 2005 meeting, funding for additional Animal
Control Officers in the amount of $70,460 from year end money. Based upon the policy
for use of unspent expenditure appropriations at year end, departments are able to
request up to 60% of the savings within their own department for special purchases and
programs approved by the County Administrator and the remainder reverts to the minor
county capital reserve for future projects. Based upon this policy, Ms. Owens indicated
that staff is recommending the following appropriations: (1) Of the $663,551 that is
available for departmental rollover, only $561,423 was requested and is being rolled
over to the departments (as outlined in Attachment V distributed in the Board's agenda
packet); (2) $784,359 is to be appropriated to the minor county capital reserve.
Ms. Owens reported that the following items require Board action and staff
recommends approval of the following: (1) Appropriate the fee for service in excess of
budget of $54,393 to the Fire and Rescue capital account. (2) Appropriate $679,628 to
November 15, 2005
1221
the major county capital reserve. (3) Appropriate $784,359 to the minor county capital
reserve.
Supervisor McNamara inquired about the status of the unallocated
revenues from the 2005-2006 general fund unappropriated balance. Ms. Owens stated
that with the $350,000, that will bring the general fund unappropriated balance up to
8%%, which was the goal for the 2005-2006 fiscal year. In response to a further inquiry
from Supervisor McNamara, Ms. Owens confirmed that the goal with respect to the $1.1
million was to use the surplus revenues to reach the goal and then transfer the
remaining funds into the major capital fund. Supervisor McNamara stated that the
County has had a strong year and the policies the Board has put in place will make a
difference.
Supervisor Flora moved to approve staff recommendation and appropriate
(1) Fee for service in excess of budget of $54,393 to the Fire and Rescue capital
account; (2) $679,628 to the major county capital reserve; and (3) $784,359 to the
minor county capital reserve. The motion carried by the following recorded vote.
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
2. ReQuest to assiQn the option to purchase land (HiQQinbotham
Farms property) for the new reQional jail to the Western VirQinia
ReQional Jail Authority. (John M. Chambliss. Assistant County
Admi nistrator)
1222
November 15, 2005
R-111505-3
Mr. Chambliss stated that in January 2005, the Board of Supervisors
authorized staff to obtain an option to purchase land on the Higginbotham Farm as a
possible site for the regional jail that will serve the counties of Roanoke, Franklin, and
Montgomery, as well as the City of Salem. On May 24, 2005, the Board authorized the
extension of the option until April 30, 2006, as provided for within the option agreement,
to allow completion of the application process with the Board of Corrections and to have
the capital request for the state's share of funding to be included in the Governor's
capital budget. He advised that at this time, staff is requesting that the option be
assigned to the Western Virginia Regional Jail Authority (WVRJA). He noted that in
October 2005, the Authority obtained interim financing and can now proceed with the
award of contracts to move forward with the purchase of land and other beginning
operating expenses of the Authority. Additionally, by assigning the option to the
Authority, they will be responsible for making the application for the rezoning of the
property and the special use permit (SUP), as well as the Section 15.2-2232 review.
Mr. Chambliss stated that in exchange for the assignment of the option to the Authority,
the Authority will be reimbursing Roanoke County $30,000 for the two option payments
which have already been made, as well as $10,804.16 for the environmental
assessment study conducted on the site. He advised that the resolution authorizes the
assignment of the option agreement, and the Authority will then move forward with the
zoning related matters previously discussed. He further advised that the zoning items
November 15, 2005
1223
are anticipated to be brought to the Planning Commission and Board of Supervisors in
February 2006; the Governor's capital budget will be announced in mid- to late
December 2005 and then be considered by the 2006 session of the Virginia General
Assembly. He also advised that preliminary construction drawings are being completed
by the architect, and the value engineering will be conducted in December 2005 in order
to allow the final construction drawings to begin in January. It is anticipated that the
land will be purchased in March or April 2006, and site development will begin in April
2006. The bids for construction will be held in summer 2006, and construction is
anticipated to begin in fall 2006 with a preliminary opening date for the facility of
September 2008.
Supervisor Church stated that 25 feet is the minimum width for a
commercial vehicle entrance, with a possible 50 feet needed for tractor trailers, and he
questioned if this issue has been examined. Mr. Chambliss advised that there is a
Norfolk Southern right-of-way for the rail property, and running parallel to this right-of-
way is a 60 foot ingress/egress right-of-way across the Cooper property through to the
Higginbotham property. He stated that this is adequate for a commercial entrance. In
response to a further inquiry from Supervisor Church, Mr. Chambliss confirmed that this
would be adequate to satisfy the Virginia Department of Transportation (VDOT)
requirements.
Supervisor Flora moved to adopt the resolution. The motion carried by the
following recorded vote.
1224 November 15, 2005
AYES: Supervisors McNamara, Wray, Flora, Altizer
NAYS: Supervisor Church
RESOLUTION 111505-3 ASSIGNING THE OPTION TO PURCHASE
LAND FROM HIGGINBOTHAM FARMS TO THE WESTERN VIRGINIA
REGIONAL JAIL AUTHORITY
WHEREAS, Action No. A-0111 05-7 adopted by the Board of Supervisors at their
meeting held on January 11, 2005, authorized staff to obtain an option to purchase land
from Higginbotham Farms and authorized payment of an option fee in the amount of
$10,000, said land to be used for the proposed regional jail; and
WHEREAS, Action No. A-052405-3 adopted by the Board of Supervisors at their
meeting held on May 24, 2005, authorized extension of this option until April 30, 2006
and authorized payment of a supplemental option fee in the amount of $20,000 as
prescribed in the option agreement; and
WHEREAS, due diligence testing has been completed at a cost to the County of
$10,804.16 for the Environmental Assessment; and
WHEREAS, the Western Virginia Regional Jail Authority is now constituted and
has obtained interim financing which provides for the purchase of land, the award of
contracts, and the design of the regional jail facility; and
WHEREAS, at their meeting on November 3, 2005, the Western Virginia
Regional Jail Authority approved a motion to request that the option to purchase land
from Higginbotham Farms be assigned by Roanoke County to the Regional Jail
Authority as provided in Section 10 of said option agreement; in exchange for this
assignment the Regional Jail Authority approved repayment to the County of the
$30,000 option fees and the $10,804.16 environmental assessment fees; and
WHEREAS, the Western Virginia Regional Jail Authority will assume the
responsibility of applying for the rezoning of the property, the Section 15.2-2232 review,
the special use permit, and all other functions required for this land purchase.
NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1 . That the Option to Purchase Land between the Board of Supervisors and
Higginbotham Farms, LLC dated January 20, 2005, be, and hereby is, assigned to the
Western Virginia Regional Jail Authority in exchange for the reimbursement by the
Regional Jail Authority of the options fees in the amount of $30,000 and the
Environmental Assessment cost in the amount of $10,804.16 previously paid by
Roanoke County.
2. That the Clerk to the Board of Supervisors is hereby directed to send a
copy of this Resolution to the Western Virginia Regional Jail Authority and
Higginbotham Farms, LLC.
November 15, 2005 1225
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Wray, Flora, Altizer
NAYS: Supervisor Church
3. Resolution amendinQ the Roanoke County LeQislative ProQram
for the 2006 session of the VirQinia General Assembly reQuestinQ
that financial support for VirQinia's Explore Park be included in
the state biennial budQet. (Paul M. Mahoney. County Attorney)
R-111505-4
Mr. Mahoney stated that at the October 25 meeting, the Board adopted
the resolution establishing a legislative program for Roanoke County for the 2006
session of the Virginia General Assembly. He indicated that following discussion at the
Board retreat held on November 13, the Board members expressed interest in adopting
a resolution requesting that the General Assembly appropriate additional funding for
Virginia's Explore Park. He stated that the resolution requests $500,000 per year in
financial support for Explore Park and asks that this funding be included in the biennial
budget for each of the two years.
There was no discussion on this item.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS:
None
1226
November 15, 2005
RESOLUTION 111505-4 AMENDING THE ROANOKE COUNTY
LEGISLATIVE PROGRAM FOR THE 2006 SESSION OF THE VIRGINIA
GENERAL ASSEMBLY REQUESTING THAT FINANCIAL SUPPORT
FOR VIRGINIA'S EXPLORE PARK BE INCLUDED IN THE STATE
BIENNIAL BUDGET
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, adopted
Resolution No. 102505-3 identifying major legislative issues to be considered by the
2006 session of the Virginia General Assembly; and
WHEREAS, the Board adopts this resolution as part of its Legislative Program for
the 2006 session of the Virginia General Assembly; and
WHEREAS, Explore Park is owned and operated by the Virginia Recreational
Facilities Authority (VRFA), a special purpose unit of government of the Commonwealth
of Virginia. If VRFA ceases to exist, then the ownership of the Explore Park property
would revert to the Commonwealth of Virginia. Explore Park's land, improvements and
buildings are estimated to be worth more than $25 million; and
WHEREAS, Roanoke County has supported Explore Park with more than
$500,000 a year for operational funding over the past five years, when the
Commonwealth was unable to do so.
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke
County, Virginia, that the following request be submitted as part of its legislative
program for the 2006 session of the Virginia General Assembly for its favorable
consideration and adoption.
1) That Roanoke County requests financial support from the Commonwealth
of Virginia in the amount of $500,000 a year for Virginia's Explore Park. Roanoke
County further requests that this amount be included in the Biennial Budget.
2) That the Clerk to the Board of Supervisors is directed to send a certified
copy of this resolution to Senator John S. Edwards, Senator Brandon Bell, Delegate H.
Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Mary F. Parker,
Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for
Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton;
Members of the Vinton Town Council and the Roanoke Valley-Alleghany Regional
Commission, and the Virginia Association of Counties.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
November 15, 2005
1227
REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Altizer moved to approve the first readings and set the second
readings and public hearings for December 20, 2005. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
1. First readinQ of an ordinance to review Section 30-71. EP Explore
Park District. and related sections 30-29. and 30-80 throuQh 30-88
of the Roanoke County ZoninQ Ordinance. Vinton MaQisterial
District. upon the petition of the Roanoke County PlanninQ
IN RE:
Commission.
2. First readinQ of an ordinance to rezone 774+ acres from EP.
Explore Park District with existinQ master plan and existinQ
proffered conditions. to EP. Explore Park District with new master
plan and new proffered conditions. Vinton MaQisterial District.
upon the petition of VirQinia LivinQ Histories. Inc. and the VirQinia
Recreational Facilities Authority.
1228
November 15, 2005
3. First readinQ of an ordinance to obtain ª special use permit to
construct a 150 ft. broadcast tower on North Mountain accessed
--- -
from the 5200 Block of Keffer Road. Catawba MaQisterial District.
upon the petition of Cellco Partnership. d/b/a Verizon Wireless.
IN RE:
SECOND READINGS OF ORDINANCES
1. Second readinQ of an ordinance authorizinQ conveyance of ª
permanent easement to the VirQinia Department of Transportation
(VDOT) for improvements to State HiQhway Route 0651. Mountain
View Road. Vinton MaQisterial District. (Paul M. Mahoney. County
Attorney)
0-111505-5
Mr. Mahoney advised that there have been no changes in this matter
since the first reading. He stated that this is the conveyance of .056 acre to VDOT in
order to proceed with a road improvement project. There was no discussion on this
item.
Supervisor Altizer moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS:
None
ORDINANCE 111505-5 AUTHORIZING CONVEYANCE OF A
PERMANENT EASEMENT TO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION (VDOT) FOR IMPROVEMENTS TO STATE
November 15, 2005
1229
HIGHWAY ROUTE 0651, MOUNTAIN VIEW ROAD, IN THE VINTON
MAGISTERIAL DISTRICT
WHEREAS, in order for improvement to be constructed to Mountain View Road,
State Highway Route 0651, a part of the state secondary road system, the Virginia
Department of Transportation (VDOT) requires that a small portion of land, containing
0.056 acre, more or less, be conveyed as a permanent easement for execution and
maintenance of the work; and,
WHEREAS, VDOT requires conveyance to the Commonwealth of Virginia of the
right and easement to use the areas containing 0.056 acre, more or less, as shown
outlined in GREEN on Sheet No. 5 of the design plans for this road project, which
property was conveyed to the Board of Supervisors of Roanoke County, Virginia, by
deed recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed
Book 1176, page 93; and,
WHEREAS, it will serve the interests of the public to have Mountain View Road
widened and improved as a part of the state secondary road system and this
conveyance, will not interfere with other public services and is acceptable to the
affected Roanoke County departments.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
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 October 25, 2005, and the
second reading was held on November 15, 2005.
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 made available
for other public uses by conveyance to the Commonwealth of Virginia for widening and
improvement of Mountain View Road, designated as State Highway Route 0651 of the
state secondary road system of the Commonwealth of Virginia, Virginia Department of
Transportation (VDOT).
3. That conveyance to the Commonwealth of Virginia of that portion of real
estate as shown outlined in GREEN on Sheet No.5 of Project 0651-080-305-C501,
containing 0.056 acre, more or less, conveyed to the Board of Supervisors of Roanoke
County, Virginia, by deed recorded in the Clerk's Office of the Circuit Court of Roanoke
County in Deed Book 1176, page 93, Tax map # 61.02-1-53, is hereby authorized.
4. That the County Administrator, or an Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
5. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
1230
November 15, 2005
AYES:
NAYS:
Supervisors McNamara, Church, Wray, Flora, Altizer
None
IN RE:
APPOINTMENTS
~ Blue RidQe Behavioral Healthcare
Chairman Altizer advised that Rita J. Gliniecki, Roanoke County member,
has agreed to serve an additional three-year term that will expire on December 31,
2008. He requested that confirmation of this appointment be placed on the consent
agenda.
Chairman Altizer advised that Linda H. Bannister, member at large, has
agreed to serve an additional three-year term that will expire on December 31, 2008.
The member at large must be confirmed by the Cities of Roanoke and Salem, and Mr.
S. James Sikkema, Executive Director, has advised that the Blue Ridge Behavioral
Healthcare Board recommends that Ms. Bannister's appointment be ratified. Chairman
Altizer requested that ratification of this appointment be placed on the consent agenda.
2. Library Board (Appointed Qy District)
Supervisor Flora nominated Tobie McPhail, Hollins District representative,
to serve an additional four-year term that will expire on December 31, 2009. He
requested that confirmation of this appointment be placed on the consent agenda.
November 15, 2005
1231
IN RE:
CONSENT AGENDA
R-111505-6; R-111505-6.a; R-111505-6.c
Supervisor Flora moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS:
None
RESOLUTION 111505-6 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for
November 15, 2005, designated as Item J - Consent Agenda be, and hereby is,
approved and concurred in as to each item separately set forth in said section
designated Items 1 through 6, inclusive, as follows:
1. Approval of minutes - October 25, 2005
2. Resolution of appreciation to Ruth A. Johnson, Library Services, upon her
retirement after twenty-six years of service
3. Request from the Fire and Rescue Department to accept and appropriate
grant funds in the amount of $500 from the Wal-Mart Foundation for the
purchase of safety education equipment
4. Acceptance of Chateau Court and a portion of Golden Ivy Drive into the
Virginia Department of Transportation Secondary System
5. Request to accept and appropriate a local government challenge grant in the
amount of $5,000 from the Virginia Commission for the Arts
6. Request from the Fire and Rescue Department to accept and appropriate
grant funds in the amount of $20,000 from the Virginia Department of
Emergency Management for the continuation of the Regional Citizen Corp
Council and Community Emergency Response Team (CERT) training
7. Confirmation and ratification of committee appointments to the Blue Ridge
Behavioral Healthcare Board of Directors and the Library Board
2. That the Clerk to the Board is hereby authorized and directed where required
by law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
1232
November 15, 2005
On motion of Supervisor Flora to adopt the consent resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
RESOLUTION 111505-6.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO RUTH A.
JOHNSON, LIBRARY SERVICES, UPON HER RETIREMENT AFTER
TWENTY-SIX YEARS OF SERVICE
WHEREAS, Ruth A. Johnson was first employed by Roanoke County on
September 4, 1979, as a librarian; and
WHEREAS, Ms. Johnson also served as head librarian at the Hollins Branch
Library and later as head of the library system's reference department for more than
twenty years; and
WHEREAS, during her tenure as head of reference, Ms. Johnson demonstrated
the highest standards of professionalism and positive customer service; and
WHEREAS, Ms. Johnson also acted as both mentor and leader to her staff,
encouraging intellectual curiosity, creative problem solving, and an unwavering
determination to find information and answers for patrons; and
WHEREAS, Ms. Johnson's actions and those of her department earned the
respect and appreciation of citizens, businesses, and colleagues throughout the region;
and
WHEREAS, Ms. Johnson retired from Roanoke County on November 1,2005, as
a divisional librarian after twenty-six years and two months of service; and
WHEREAS, Ms. Johnson, through her employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to RUTH A. JOHNSON for more than twenty-six years
of capable, loyal, and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
RESOLUTION 111505-6.c REQUESTING ACCEPTANCE OF CHATEAU
COURT AND A PORTION OF GOLDEN IVY DRIVE INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM
November 15, 2005
1233
WHEREAS, the streets described on the attached Addition Form LA-5(A), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County, and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements, and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999 for comprehensive stormwater detention
which applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form LA-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code
of Virginia, and the Department's Subdivision Street Requirements, after receiving a
copy of this resolution and all outstanding fees and documents required of the
developer, whichever occurs last in time.
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage,
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Residency Administrator for the Virginia Department of Transportation.
Moved by: Supervisor Flora
Seconded by: None Required
Yeas: Supervisors McNamara, Church, Flora, Wray, Altizer
Nays: None
IN RE:
REPORTS
Supervisor McNamara moved to receive and file the following reports.
The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS:
None
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board ContinQency
4. Future Capital Projects
1234
November 15, 2005
5. Accounts Paid = October 2005
6. Statement of expenditures and estimated and actual revenues for
the month ended October 31. 2005
7. Statement of Treasurer's accountability per investment and
portfolio policy as of October 31. 2005
8. Public Safety Center BuildinQ Project BudQet Report
9. Public Safety Center BuildinQ Project ChanQe Order Report
10. Joint proclamation siQned Qy the Chairman
11. Report from the VirQinia Department of Transportation (VDOT) of
chanQes to the secondary road system in October 2005
WORK SESSION
1. Work session to discuss implementation of 2004-2005 chanQes to
the Personal Property Tax Relief Act (PPTRA). (Diane D. Hyatt.
Chief Financial Officer: F. Kevin Hutchins. Treasurer: Nancy J.
Horn. Commissioner of the Revenue)
The work session was held from 4:20 p.m. until 5:00 p.m.
Ms. Hyatt advised that the Board will need to take action in December
adopting an ordinance that will select how the County will implement the PPTRA. Once
in place, this will be determine the overriding selections and an annual resolution must
be adopted outlining specific details. She reported that in 2004, the General Assembly
initiated new personal property tax relief which capped the state reimbursement at $950
IN RE:
November 15, 2005
1235
million state-wide in order to balance the state budget. This will begin with the 2006 tax
bills and will now be based on a block grant program to the localities, with each
receiving a pro rata share of the $950 million based on tax collections for 2004. Staff
has estimated that the block grant will be approximately $11.5 million.
Ms. Hyatt reported that the current reimbursement program for tax years
2005 and prior will end on September 1, 2006 or when budgeted funds are exhausted.
Localities have been given options regarding how to implement this program, and are
required to adopt an ordinance that is the overall administration of the policy no later
than the end of December 2005. There are two methods for apportioning the tax relief
to individual taxpayers: the reduced rate and the specific relief method. Ms. Hyatt
provided an overview of the two methods and advised that staff is recommending the
specific relief method, which is consistent with the decision of most localities in Virginia.
There was general discussion regarding the exemption of vehicles with a
value of less than $1,000 and how to make this equitable when compared to vehicles
with a value only slightly greater than $1,000. Ms. Hyatt advised that the state will
provide funds to the County on the 15th of July, August, and November. The County will
accrue funds in July and possibly August, but will not make any accruals in November
due to the limit of 45 days for accruing funds.
Ms. Hyatt reviewed the following transition issues to be considered: (1)
The County will continue to pay reimbursements for tax years 2005 and prior until
September 1, 2006, or until funds are exhausted. (2) Localities may "balance bill"
1236
November 15, 2005
taxpayers whose bills remain delinquent after eligibility for state reimbursement. This is
the staff recommendation and delinquent payers will be notified when the next
delinquent notices are sent out.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1. Resolution of appreciation to Vicki W. Thomas. Police
Department. upon her retirement after thirty years of service
R-111505-7
Chairman Altizer presented the resolution to Ms. Thomas. Also present
was Ray Lavinder, Chief of Police, and Terrell Holbrook, Assistant Chief of Police.
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS:
None
RESOLUTION 111505-7 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO VICKI W.
THOMAS, POLICE DEPARTMENT, UPON HER RETIREMENT AFTER
THIRTY YEARS OF SERVICE
WHEREAS, Vicki W. Thomas was first employed by Roanoke County on July 1,
1975, as a dispatcher in the Police Department; and
WHEREAS, Ms. Thomas retired from Roanoke County on November 1, 2005, as
a lead communications officer after thirty years and four months of service; and
WHEREAS, Ms. Thomas was the consummate employee who dedicated herself
to making the County a safer place in which to live by spending countless hours in the
dispatcher's office providing assistance; and
WHEREAS, during Ms. Thomas' early career, when the dispatch office was
under staffed and conditions very uncomfortable, she accepted the situation cheerfully
and maintained a positive attitude while doing her best for the citizens; and
November 15, 2005
1237
WHEREAS, Ms. Thomas, in addition to working through her eight-hour shift,
frequently volunteered to work an additional eight-hour shift as an auxiliary deputy
sheriff; and
WHEREAS, Ms. Thomas, through her employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to VICKI W. THOMAS for more than thirty years of
capable, loyal, and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
2. Proclamation declarinQ November 13. throuQh 19. 2005. as
"American Education Week" in the County of Roanoke
The proclamation was accepted by Drew Barrineau, Chairman of the
School Board. Also present were Dr. Linda Weber, Superintendent; and Penny A.
Hodge, Director of Budget and Finance.
IN RE:
NEW BUSINESS
1. ReQuest for appropriation of final year-end balance from school
operations for the fiscal year ended June 30. 2005. (Diane D.
Hyatt. Chief Financial Officer: Penny A. HodQe. Director of BudQet
and Finance)
A-111505-8
Ms. Hyatt advised that at the afternoon session, the Board was presented
the results of year-end operations for Roanoke County. She indicated that this time has
1238
November 15, 2005
been set aside to present the results of year-end operations for the schools for fiscal
year 2005. Ms. Hyatt stated that at the September joint meeting with the School Board,
there was discussion regarding the need to establish a school unappropriated balance
similar to the Roanoke County unappropriated balance. She stated that she has
worked with Penny Hodge to develop a policy similar to the County policy that specifies
what an unappropriated balance is and the uses for this fund. She advised that the
school unappropriated balance is capped at $2 million and staff is recommending that
the Board approve the policy and appropriate the funds.
Ms. Hodge advised that the overall school budget of $112 million was built
on an expected 20% growth in state aid, 6% growth in sales taxes, and the largest
increase in estimated enrollment in 10 years. Despite the unusually large growth
projections, revenue collections exceeded that growth by an additional 2% or $2.8
million, primarily as a result of two factors: (1) the growing enrollment, which resulted in
approximately $900,000 in additional state funding that was not available in the state
budget until June 2005 when Governor Warner found funding in other portions of the
state budget to cover what was considered to be a shortfall all year long; and (2) new
sales tax legislation, approved last year, that earmarked a one-eighth percent of sales
tax for education in Virginia. Ms. Hodge indicated that the School Board also exercised
cautious spending in every department, resulting in 2% of the overall budget or $2.5
million in savings. Ms. Hodge stated that the one of the joint projects between the
School Board and Board of Supervisors this year was to establish a year-end balance
November 15, 2005
1239
policy, which was adopted by both boards earlier this year. In accordance with that
policy, the School Board unanimously voted last week to request an appropriation from
the Board of Supervisors for the year-end balance as follows: (1) $1 million allocated to
minor capital projects, which per policy is one-third (1/3) of the year-end balance or a
maximum of $1 million; (2) $3,045,195 allocated to major capital projects approved in
the schools Capital Improvement Plan (CIP); and (3) the balance of $1.3 million
allocated to a new contingency fund as referenced earlier by Ms. Hyatt. The new fund
would be for financial emergencies due to unexpected revenue shortfalls and/or
unplanned expenditure increases, and she noted the recent increase in fuel prices as
an example for use of this reserve fund. Ms. Hodge also advised that the state's intent
this past year to prorate basic aid for school systems if they could not find alternative
revenue sources could also be addressed with this type of fund.
Ms. Hodge reported that year-end balances were adopted this past year,
in large part to protect the County's excellent rating with the bond agencies. She stated
that the establishment of a contingency fund is yet another indicator used to measure
the financial health of a locality, and these measures directly impact the County's ability
to secure low interest bonds for capital improvement projects. She stated that the
School Board adopted the unappropriated balance policy that was included in the
Board's agenda packet, and advised that this will create and fund the new contingency
account this year with $1.3 million. She stated that the intent is to reach the $2 million
maximum at some future point.
1240
November 15, 2005
Supervisor Wray inquired if the unappropriated balance is a flat amount or
a percentage. Ms. Hodge advised that it is a flat amount.
Supervisor McNamara stated that the schools should be proud of their
accomplishments this year and he advised that earlier today, a similar action was taken
from the County perspective. He indicated that between the County and Schools, there
were appropriations of surplus funds totaling $3.6 million in major capital; $1.7 in minor
capital; and $2.4 million in additional savings. He stated that if we had known what
would happen in the General Assembly and with some of the County's collection rates,
we could have increased our original capital funding stream allocation. He indicated
that if the County stays on this path long-term, it will eliminate interest carrying costs
and make a significant difference. He indicated that he is proud of the fiscal discipline
being exercised on both sides.
Supervisor Flora commended the School Board and Board of Supervisors
for creating a financial strategy that will benefit the County 20-30 years in the future. He
stated that the funds set aside and the policy for funding future projects will make
decisions easier for both Boards in the future. With respect to the school
unappropriated balance reserve, he advised that local government has always had an
unappropriated balance of as much as 8-10% of its total budget. He noted that school
boards, historically, have never been permitted to have an unappropriated balance that
will serve as a safety net in the event of unanticipated additional expenses. Normally,
November 15, 2005
1241
they would have to come back to the local government to request additional funding.
He commended the School Board for their far-sightedness in beginning this process.
Supervisor Altizer commended the School Board for taking this action and
stated that this is a prudent way to do business.
Supervisor Church moved to approve staff recommendation: (1)
appropriation of the fiscal year 2004-05 year-end balance of $5,385,687; and (2)
adoption of the School Operating Fund Unappropriated Balance Policy. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
2. ReQuest to adopt ª resolution authorizinQ the applications for
literary loans to fund renovations at Northside HiQh School and
William Byrd HiQh School. (Diane D. Hyatt. Chief Financial
Officer)
R-111505-9
Ms. Hyatt advised that the School Board adopted their portion of the
school CIP at their meeting in March 2005. The first two priority items on the list were
Northside High School and William Byrd High School. She stated that this agenda item
will authorize the application to the literary loan to place these two construction projects
on their list. She advised that this process requires a resolution from both the School
Board and the County Board of Supervisors to place an item on the list for literary loan
1242
November 15, 2005
funding, which is a low-interest rate loan available from the state. Ms. Hyatt advised
that the County qualifies for a 4% rate, and noted that the projects are placed on the list
in the order they are submitted. Once the School Board submits the design phases of
the projects, they will begin moving up the list. She indicated that this resolution will
apply for the first $7.5 million of each project and at the time the projects come up on
the list, we can advise them if we are ready for the funding or if we would prefer to wait
an additional year. Ms. Hyatt advised that staff recommends approval of the resolution.
In response to an inquiry from Supervisor Wray, Ms. Hyatt advised that
the funds can only be used for construction of the facilities.
Supervisor McNamara moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS:
None
RESOLUTION 111505-9 APPROVING THE SUBMISSION OF
APPLICATIONS TO THE LITERARY FUND FOR RENOVATIONS TO
NORTHSIDE HIGH SCHOOL AND WILLIAM BYRD HIGH SCHOOL
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the
"County") and the School Board of the County propose to finance certain capital
improvements for school projects, consisting primarily of the renovation, improvement
and expansion of Northside High School and William Byrd High School (the "Projects")
with a loan or loans from the Virginia Literary Fund in the aggregate amount of
$15,000,000 (the "Loans") and the School Board presented to the Board of Supervisors
proposed applications addressed to the State Board of Education of Virginia for the
purpose of borrowing from the Literary Fund the aggregate amount of $15,000,000 for
the Projects; and
WHEREAS, the County or the School Board of the County expects to pay, after
the date hereof, certain expenditures (the "Expenditures") in connection with the
Projects.
November 15, 2005
1243
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Roanoke, Virginia as follows:
Article I. The applications of the School Board to the State Board of Education of
Virginia for the Loans are hereby approved and authority is hereby granted to the
School Board of the County to borrow a maximum of $15,000,000 for the purposes set
forth in such applications. The Board of Supervisors will each year during the life of the
Loans, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash
appropriation sufficient for operation expenses and to pay the Loans and the interest
thereon, as required by law regulating loans from the Literary Fund.
Article II. The County hereby declares its intent to reimburse itself with the proceeds
of one or more tax-exempt financings for the Expenditures with respect to the Projects
made on and after that date which is no more than 60 days prior to the date hereof
(unless an exception is applicable). The maximum amount of such financings expected
to be issued for the Projects is $15,000,000.
Article III. This resolution shall take effect immediately upon its passage.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
IN RE:
PUBLIC HEARING
1. Public hearinQ to receive citizen comments reQardinQ the reQuest
that the 2006 Session of the VirQinia General Assembly amend the
Roanoke County Charter to authorize Roanoke County to levy and
collect a tax on tobacco products. (Paul Mahoney. County
Attorney)
R-111505-10
Mr. Mahoney stated that this is a public hearing on a proposal to amend
the Roanoke County Charter. He advised that Roanoke County is one of only three
counties in Virginia that has a charter, and he noted that the County was the first to
secure a charter in 1986. This proposal will amend the request to the 2006 session of
1244
November 15, 2005
the Virginia General Assembly to amend the County charter in order to provide authority
for the County to tax tobacco products. He stated that this authority is granted to cities
in Virginia, and two other counties, Fairfax and Arlington, also have this power. Mr.
Mahoney stated that staff has attempted to estimate revenues that could be derived
from this approach and based upon Roanoke City and the City of Salem revenues, staff
estimates that revenues derived from the tobacco tax would total approximately
$350,000 to $375,000 per year. He noted that the Board has discussed allocation of
any additional revenues from this tax to the new public safety center construction, and
advised that some of the costs of the new communications equipment necessary to
integrate the Roanoke Valley communications network will be very expensive. Mr.
Mahoney stated that the public hearing has been advertised and a notice has been
published in accordance with State Code.
Supervisor McNamara inquired if there was a need to earmark this tax.
Mr. Mahoney advised that there is no need to earmark the funds.
There were no citizens present to speak on this item.
Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
November 15, 2005
1245
RESOLUTION 111505-10 REQUESTING THE 2006 SESSION OF THE
VIRGINIA GENERAL ASSEMBLY TO AMEND THE ROANOKE
COUNTY CHARTER TO AUTHORIZE ROANOKE COUNTY TO LEVY
AND COLLECT A TAX ON TOBACCO PRODUCTS
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified
major legislative issues to be considered by the 2006 session of the Virginia General
Assembly; and
WHEREAS, the Board adopts this resolution as part of its Legislative Program for
the 2006 session of the Virginia General Assembly; and
WHEREAS, a public hearing on the proposal to amend the Roanoke County
Charter was held on November 15, 2005, as provided in Section 15.2-202 of the Code
of Virginia, as amended.
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke
County, Virginia, that the following legislative initiative be submitted as part of its
legislative program for the 2006 session of the Virginia General Assembly for its
favorable consideration and adoption.
1) Approve an amendment to the Roanoke County Charter as follows:
Sec. 2.02 - Taxing powers. - In addition to the powers granted by other sections of the
charter and general law, the county shall have the additional power to levy and collect
taxes on cigarettes and tobacco products, pursuant to Section 58.1-3832 of the Code of
Virginia.
2) That the Clerk to the Board of Supervisors is directed to send a certified
copy of this resolution to Senator John S. Edwards, Senator Brandon Bell, Delegate H.
Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Mary F. Parker,
Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for
Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton;
Members of the Vinton Town Council and the Roanoke Valley-Alleghany Regional
Commission, and the Virginia Association of Counties.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
IN RE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1. Continued until December 20. 2005. at the reQuest of the PlanninQ
Commission. Second readinQ of an ordinance to rezone 1.3014
acres from C-1. Office District. and .0786 acres from C2C. General
1246
November 15, 2005
Commercial District with Conditions. to C-2C. General
Commercial District with Conditions. and to obtain ª special use
permit for the construction of ª fast food restaurant with drive-
thru located at 3814 ChallenQer Avenue. Hollins MaQisterial
District. upon the petition of Grant Avenue Development. Inc.
(Janet Scheid. Chief Planner)
Chairman Altizer advised that this item has been continued until
December 20, 2005, at the request of the Planning Commission.
2. Second readinQ of an ordinance to rezone .98 acres from C1.
Office District. to C2. General Commercial District. and to obtain ª
special use permit on 2.22 acres for the operation of ª fast food
restaurant and drive-thru located at the intersections of
- - - -
Brambleton Avenue. Colonial Avenue. and Merriman Road. Cave
SprinQ MaQisterial District. upon the petition of Seaside HeiQhts.
LLC (BojanQles). (Janet Scheid. Chief Planner)
0-111505-11
Ms. Scheid reported that Seaside Heights proposes to rezone .98 acres
from C-1, Office District, to C-2C, General Commercial District with conditions, and
obtain a special use permit (SUP) on 2.2 acres in order to construct a Bojangles
restaurant. She advised that the property is located at the intersections of Brambleton
Avenue, Merriman Road, and Colonial Avenue and is currently zoned a combination of
November 15, 2005
1247
C-1 and C-2. In addition to the Bojangles restaurant, the petitioner plans to construct a
6,500 square foot retail building designed to house four tenants. Ms. Scheid advised
that the intersection of Brambleton Avenue, Colonial Avenue, and Merriman Road is a
very busy intersection, and that any development of the property will have challenges
with respect to vehicle access. VDOT proposes to limit the access driveway on
Brambleton Avenue to right-in, right-out only, and the petitioner has proffered restricting
right turns exiting onto Merriman Road. These measures would not solve the traffic
volume concerns, but would aid in avoiding potential traffic conflicts on both Brambleton
Avenue and cut-through traffic onto Merriman Road. Ms. Scheid noted that traffic is the
primary issue of concern to the citizens and the Planning Commission, and as stated
two driveway entrances are shown on the concept plan: one from Brambleton Avenue
and one from Merriman Road. There is no entrance proposed, nor would one be
allowed, on Colonial Avenue due to a deed restriction on the land. The entrance from
Brambleton Avenue would be a right-in, right-out only, per VDOT comments. Ms.
Scheid advised that this entrance is located as far as possible from the signalized
intersection and beyond the start of the right turn lane for east bound traffic on Colonial
Avenue. VDOT has indicated to the developer that the turning movements for this
entrance would be restricted to right-in, right-out only, and this entrance design would
be required in order to eliminate cross over traffic interfering with the left turn lane on
Brambleton Avenue onto Old Cave Spring Road. A second entrance would connect
from Merriman Road at the existing driveway into the Lions Club. This entrance would
1248
November 15, 2005
be rebuilt to current VDOT standards and the Lions Club entrance would connect to the
new site entrance and not directly onto Merriman Road. She stated that the petitioner
has proffered to design the Merriman Road driveway to prohibit right turns out, thus
forcing exiting traffic to turn left toward Colonial Avenue. She again stated that no
entrance is proposed from Colonial Avenue.
Ms. Scheid reported that this application was initially filed in October 2004,
and the first community meeting was held in November 2004. A second community
meeting was held in July 2005, and a third community meeting was held on November
14, 2005. She advised that the Planning Commission public hearing was held in August
2005 and at that time, traffic concerns were the primary focus for both the Planning
Commission and citizens. She stated that the Planning Commission did not have the
level of detail which is being provided to the Board today regarding the design of the
Merriman Road entrance and exit. Without the benefit of that more detailed concept
plan, the Planning Commission was not comfortable with the ability of the petitioner to
limit cut-through traffic on Merriman Road, as well as right hand turns out onto Merriman
Road from the site. In August, the Planning Commission unanimously recommended
denial of the rezoning. Ms. Scheid stated that since that time, the petitioner has
continued to work on the project and has developed a plan to address traffic on
Merriman Road. She advised that Anthony Ford, Transportation Engineering Manager,
has reviewed the plan. She further advised that in response to the plan to limit access
onto Merriman Road, Supervisor Wray requested that an additional community meeting
November 15, 2005
1249
be scheduled and this was held last night, November 14. She stated that approximately
25 citizens attended the meeting and the overwhelming concern was traffic, with the
vast majority of those in attendance supporting the Bojangles. She stated that the
citizens understand that the traffic concerns already exist and will continue to exist, and
it was noted that the corner is zoned C-1 and C-2 and the residents recognize that
something will be developed at this location. She stated that the citizens felt that with
this project, they had some input regarding access. Ms. Scheid advised that the
Planning Commission did not have the benefit of some of the information that is
available to the Board tonight, and the petition comes forward with the following
proffers: (1) The development of the property shall substantially conform with the site
plan entitled "Site Layout and Grading Plan for RoBo, LLC., dated November 10,2005,
with driveway access only from Brambleton Avenue and Merriman Road, subject to
those changes required by Roanoke County during comprehensive site plan review. (2)
The exterior of the fast food restaurant to be constructed on the property shall
substantially conform to the photographs shown in Exhibit B. (3) All buildings exterior
walls shall be brick from grade to eave. (4) The Merriman Road driveway shall be
designed to prohibit right turns onto Merriman Road. (5) Signage placed on the
building(s) shall occupy less than 5% of the building facade area. (6) Any freestanding
sign shall be a monument style not to exceed 5 feet in height or 7 feet in width, and
shall have brick construction to match the buildings. (7) The top of any light fixture shall
not exceed 15 feet. (8) The sides and rear of the dumpster enclosure shall be brick
1250
November 15, 2005
construction to match the buildings. (9) Dumpsters shall not be emptied between the
hours of 10:00 pm and 7:00 am. (10) Portions of the front yards along Colonial Avenue
and Merriman Road rights-of-way designated on the concept plan for landscaping shall
remain as open green spaces, and landscaped with any combination of flowers, shrubs,
ground cover or trees.
Supervisor Wray questioned what the permitted uses under the current
zoning are. Ms. Scheid advised that the portion zoned C-1 Office District would allow all
types of offices (medical, financial, general), business or trade schools, and day care
centers would be permitted by right. Under C-2 General Commercial District, she
advised that any type of retail use such as a gasoline station, hotel, commercial kennel,
family restaurant, veterinary hospital, etc. would be permitted by right.
Supervisor Wray referenced proffer #1 and noted that the site layout and
grading plan is dated July 28. He questioned if this needs to be updated or whether it is
the current plan. Ms. Scheid responded that the petitioners have submitted an updated
proffer #1 and the date of the preliminary site layout plan has been changed to
November 10, 2005, to reflect the most recent revisions to the entrance onto Merriman
Road.
Supervisor Wray referenced proffer #4 which pertains to the driveway on
Merriman Road and questioned what would occur if this design does not prove efficient
in stopping the right turns for traffic exiting the site. Ms. Scheid advised that the proffer
states that it shall be designed to prohibit right turns and that is the intention of the
November 15, 2005
1251
petitioner. Mr. Ford reported that in his experience, the design proffered would prohibit
right turns onto Merriman Road or left turns from Merriman Road onto the site. He
stated that with adequate marking signs and channelization, this would be an effective
approach to prohibiting those types of movements. Supervisor Wray inquired about the
height of the barrier. Mr. Ford advised that the engineering drawings do not specifically
indicate the height, and any barriers will be subject to VDOT approval. He stated that in
order to keep it out of the sight line, it may need to be below 3.5 feet.
Supervisor Wray questioned what is the worst case scenario that might
occur. Mr. Ford stated that if another developer came in and developed the same site,
possibly with a by right development and no proffered conditions, they could have a full
access onto Merriman Road if they meet the sight distance requirements for VDOT. He
indicated that having heard the concerns of the citizens, he felt that this would be a
worst case scenario.
Supervisor Wray referenced Proffer #7 which indicated that the light
fixtures shall not exceed 15 feet. He questioned if these are downlit with a certain
candle power. Ms. Scheid responded in the affirmative and stated that this is regulated
by County Code. She further advised that the proffer is consistent with Colonial Avenue
Design Guidelines which limit light poles to 15 feet and to one-half (%) foot candle.
Supervisor Flora noted that Merriman Road is a two-lane road separated
by a double yellow line, and he inquired if the exit onto Merriman Road would have a
raised curb. Mr. Ford responded in the affirmative. Supervisor Flora stated that if an
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November 15, 2005
individual wanted to make a right turn, they would have to cross the double yellow line
and block two lanes of traffic in order to do so. Mr. Ford noted that the left lane access
is only 11 feet wide and does not permit swinging wide. Supervisor Flora stated that
landscaping in the area could further discourage individuals from trying to make a right
turn onto Merriman Road, and he questioned what VDOT's position is with respect to
landscaping in their right-of-way. Mr. Ford advised that it would be acceptable as long
as it is below the sight distance line of 3% feet.
Supervisor McNamara questioned what would prevent traffic on Merriman
Road from turning left into the site. Mr. Ford stated that the raised median and the
turning radius of the vehicles would prohibit this type of movement. Mr. Ford advised
that once the project gets further into site plan review, there may be a need to extend
the channelization to ensure prohibition of the left turn into the site. Supervisor
McNamara inquired if there is a possibility of a no left turn sign at the site. Mr. Ford
advised that the County is considering a no left turn sign, as well as pavement marking,
and these details will be addressed in site plan review.
Supervisor McNamara questioned if it would be possible to have a lower
barrier that is maybe 4" in height with shrubberies, as opposed to a 3 foot concrete
barrier. Mr. Ford stated that he does not see why this would be a problem, and noted
that the petitioner has been willing to proffer landscaping. He further advised that he
does not anticipate that VDOT would have a problem with that approach.
November 15, 2005
1253
Supervisor Church noted that Mr. Ford had stated "you all" several times
in his remarks, and he questioned to whom he was referring. Mr. Ford advised that this
was a reference to the governing body, Planning Commission, and citizens.
Supervisor Altizer asked if any of the Planning Commission members
attended the community meeting held last night. Ms. Scheid advised that both Mr. Azar
and Mr. McNeil attended the meeting. Supervisor Altizer inquired if they made any
comments after reviewing the new design, in light of the fact that they denied the
petition based on the initial design. Ms. Scheid stated that several citizens inquired if
they would have handled it differently, and Mr. McNeil and Mr. Azar indicated that the
revised design would have made a difference and they would have looked more
favorably on the petition if this level of information had been available.
Mary Ellen Goodlatte, counsel for the petitioner, reviewed the concept
plan and stated that the property is essentially a peninsula surrounded by roads:
Brambleton Avenue, Colonial Avenue, and Merriman Road. She advised that the
property is zoned commercial with the Brambleton Avenue frontage being zoned C-2
and the back portion of the tract zoned C-1. She noted that the commercial buildings
which once lined the Brambleton frontage have since been torn down. Ms. Goodlatte
stated that Stan Seymour, the petitioner, owns and operates Bojangles restaurants in
the Roanoke Valley with locations in Vinton, Salem and Daleville. She indicated that
Mr. Seymour has assembled the parcels which constitute this 2% acre site for a
1254
November 15, 2005
Bojangles. Because the restaurant will have a drive-through window, a SUP is required
and the C-2 zoning line needs to be extended through the site.
Ms. Goodlatte reported that the concerns that have caused delays in this
project are not use driven, and she noted that the County's community plan designates
the area as "core". The core designation is given to areas where high intensity urban
development is encouraged, and she stated that the proposed use for this property fits
the core designation. Ms. Goodlatte indicated that most of the concerns have centered
on traffic and traffic patterns, which result in neighborhood streets becoming shortcuts
for through traffic. She stated that this existing problem has resulted in the focus of the
petitioner's request being Merriman Road and how it will be accessed by customers
leaving Bojangles. She advised that traffic for this development can only have two
points of access, which are from Brambleton Avenue and Merriman Road. She noted
that when Mr. Seymour purchased the property from VDOT, deed restrictions were
imposed by VDOT that prohibit access to Colonial Avenue. Ms. Goodlatte further
advised that following a traffic impact study, it was determined by both VDOT and the
County that access to Brambleton Avenue will be right-in, right-out only. In lieu of the
multiple access points currently located on Brambleton Avenue for this parcel, there will
be now be a single access point located at the southernmost portion of the parcel. This
means that customers traveling north on Brambleton Avenue/Route 221 will be able to
turn right into the site. For customers traveling south on Brambleton Avenue, the only
entrance into Bojangles will be to turn left at the light, right onto Merriman Road, and
November 15, 2005
1255
right into the site. She noted that left turns from Brambleton Avenue will be prohibited
as this access is right-in, right-out only. Ms. Goodlatte reported that as traffic enters the
site from Brambleton Avenue, it will be able to exit the site the same way. She stated
that one of the concerns expressed by the Planning Commission and the neighbors was
how to control customers leaving the site via Merriman Road. She advised that the
petitioner had already proffered that the Merriman Road exit would be designed to
prohibit traffic leaving the site from turning right onto Merriman Road, thus forcing traffic
exiting onto Merriman Road to turn left. She indicated that the Planning Commission
was not satisfied that the petitioner had adequately developed a plan that would
address the concerns related to traffic exiting the site and that would truly prevent
vehicles from making a right hand turn. She stated that the neighbors want to avoid
cars turning right when exiting the site and using Merriman Road and Springlawn
Avenue as a short-cut to Route 221 South.
Ms. Goodlatte advised that the petitioner has since developed an exit
design that would eliminate all traffic from the development using Merriman Road as an
exit, whether they wanted to turn right or left. She stated that this alternative, as well as
a second alternative, was presented to the neighbors at the community meeting last
night. She distributed copies of the information to the Board members. She advised
that the handouts illustrate both alternatives with respect to Merriman Road access.
Ms. Goodlatte stated that the approach which prevents all vehicles exiting the site onto
Merriman Road is illustrated on Page 2 of the handout, and she noted that all traffic
1256
November 15, 2005
entering the development from Merriman Road must pass over a traffic control pedestal,
commonly referred to as spikes. She indicated that this is one-way only and that driving
the wrong way over the spikes will blow tires and requires towing. She stated that this
is an extreme measure, but it is one that works and is one way to prevent any traffic
exiting from the Bojangles site onto Merriman Road. She advised that Mr. Seymour is
willing to proffer and install this traffic control measure if this is what the neighbors want.
She further advised that as shown on Page 2, the petitioner has not restricted the
access to and from the Lions Club. She stated that the Lions Club is a neighbor and
shares the existing driveway; they will continue to have access to their property over the
redesigned entry for Bojangles, and she noted that this is shown on the engineer's plan.
Ms. Goodlatte stated that in examining this approach with Mr. Ford, he
recommended that the petitioner consider an alternative to the spikes. She advised that
this alternative is illustrated on the Page 1 of the handout. She indicated that Mr. Ford
felt that if the petitioner allowed traffic to take a left turn onto Merriman Road from the
site, but prevented right-hand turns through the use of narrow channels, curbing,
concrete, and a locked chain preventing Bojangles patrons from using the Lions Club
driveway, it would be a better solution for motorists who intend to travel south on Route
221. Ms. Goodlatte stated that Mr. Ford was concerned that if all traffic were forced to
exit onto Route 221, motorists who wanted to travel south on Route 221 could turn right
onto Colonial Avenue and then turn right onto Merriman Road, driving down Merriman
Road and Springlawn Avenue to the next light. She advised that his recommendation
November 15, 2005
1257
was to allow traffic that wants to go south on Route 221 a clear way to get there. Ms.
Goodlatte reported that these alternatives were discussed with approximately 30
citizens who attended the community meeting last night. She stated that it is clear that
the neighbors want to have a solution to the traffic problems in their neighborhood, and
that they recognize that the problems exist now and will exist no matter what happens
with respect to this petition. She indicated that it will be necessary for the County to
encourage VDOT to install traffic calming measures, including possible street closures
or cul-de-sacs, to achieve the results the neighbors want. She advised that Mr.
Seymour, who lives in the Cave Spring Magisterial District, continues to be very
supportive of these efforts. She stated that the neighbors realize that Mr. Seymour
already owns the property which is zoned commercial, with the front of the property
along Brambleton being zoned C-2 and the back portion of the site being zoned C-1.
She stated that the neighbors recognize that the property will be developed and that this
rezoning, which requires approval of the Board of Supervisors, gives them a chance to
have input into the design. She further advised that the citizens realize that VDOT will
not restrict Merriman Road access for this site, but that Mr. Seymour is willing to impose
these restrictions on himself if the rezoning request is approved.
Ms. Goodlatte stated that based upon a show of hands at the community
meeting last night, the neighbors overwhelmingly preferred the design which channels
exiting traffic into making left turns only onto Merriman Road. She stated that at the
meeting, Mr. Ford updated the citizens on his discussions with VDOT, which include not
1258
November 15, 2005
just traffic calming measures but the need to revisit the synchronization of the traffic
signals along Brambleton Avenue. She stated that there is a concern that those traffic
signals are not working as they should and that better synchronization and signage
would keep thru traffic on Brambleton Avenue and not divert it onto neighborhood
streets. Ms. Goodlatte noted that in spite of the focus on traffic, this petition is heavily
proffered and Mr. Seymour has agreed to all requests for proffers, including meeting the
new Colonial Avenue guidelines for signage and lighting. She stated that as a result of
last night's community meeting, the petitioner amended his proffer statement to update
the reference to the concept plan so that the proffered concept plan includes the
Merriman Road access, which the majority of the neighbors preferred. Ms. Goodlatte
advised that both Mr. Seymour and Frank Caldwell, his civil engineer, were present at
the meeting to answer any questions.
Supervisor McNamara questioned how the petitioner felt with respect to
preventing an unsightly 3 foot wall. Ms. Goodlatte stated that Mr. Seymour has been
focused on making sure there are impediments to movement; if this can be softened
through landscaping, the petitioner is willing to work with County staff to determine a
way to allow some of these structures to use plants as a way of prohibiting traffic
movement.
Supervisor Altizer inquired if there was a deadline for receiving proffers or
whether they can be received up until the time of the public hearing. Mr. Mahoney
advised that the proffers must be submitted in writing prior to the commencement of the
November 15, 2005
1259
public hearing, and he noted for the record that this has been accomplished. He stated
that the Board has adopted its own policy stating that proffers should be submitted on
the Thursday prior to a public hearing; however in light of the fact that a community
meeting was held last night and modifications occurred as a result of that meeting, he
presumes that the Board would be willing to accept any proffers that are submitted prior
to the public hearing tonight.
Supervisor Wray questioned what the hours of operation will be. Mr.
Seymour stated that they will be open from 5:30 a.m. until 10:00 p.m. Sunday through
Thursday; they will remain open until 11 :00 p.m. on Fridays and Saturdays. Supervisor
Wray noted concerns regarding the hours of operation. Mr. Seymour stated that in
examining the traffic in the evening hours, it is currently not sufficient to merit staying
open beyond 9:00 p.m. He further advised that he does not like for his employees to be
overworked by extending the hours of operation too long.
Supervisor Wray inquired if Mr. Seymour would be willing to install
additional landscaping if it is requested. Mr. Seymour advised that at all of his
restaurant locations, the landscaping is more than adequate for the community.
Supervisor Wray noted that there might be a possibility that VDOT could
require some revisions or modifications in order to install an additional lane, and he
questioned if Mr. Seymour was familiar with this situation. Mr. Seymour responded in
the affirmative and stated that when VDOT sold him the property on Colonial Avenue,
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November 15, 2005
they retained a 25' buffer between his site and the road to ensure adequate property for
an additional lane if it were needed.
The following citizens spoke regarding this item:
Terri Lanqford, 6011 Ponderosa Circle, stated that she attended the
meeting last night with the assumption that the neighbors did not want the Bojangles
restaurant. She advised that she is active in the community and the tax dollars are
needed for the County. She stated that the real issue is that we have not protected our
neighborhoods and we need to be very proactive with VDOT. She stated that a cul-de-
sac can be placed just past the Lions Club to protect the neighbors and children. The
issue here is not a Bojangles restaurant because something will locate on this site. She
stated that we should support Mr. Seymour who is an active supporter of Roanoke
County community projects. She requested that the Board adopt a resolution to VDOT
requesting a cul-de-sac.
Marqaret H. Jones, 5202 Merriman Road, stated that she is asking that
the Board not change the zoning of .98 acres from C-1 to C-2 General Commercial.
The C-1 office district is compatible with the area, and the quality of life is influenced by
our surroundings. She has read the recommended improvements and they do not
sound like a neighborhood setting. She asked that the Board not create a problem that
needs to be fixed in such a manner, and which also does not fix the current traffic
problem on Merriman but will only add to the congestion. She requested that the Board
November 15, 2005
1261
leave this property as C-1 zoning and she noted that this request was also made to the
Planning Commission, who denied the request.
Mark R. Hazlewood, 4215 Sharolyn Drive, stated that if Mr. Seymour does
as he has indicated that he will do, he has the right to build the Bojangles on the site.
The neighborhoods being built to the west and in Cotton Hills will generate substantially
more traffic than the Bojangles Restaurant. He stated that the Bojangles restaurant will
bring tax dollars to the County and will benefit schools and retirees. He asked for the
Board's support of this project.
Neil Wall, 4016 Lake Drive, advised that he is a Roanoke City resident
and based on the proffers, this project will reduce traffic on Merriman Road; however by
blocking traffic from Merriman Road, traffic exiting the site will go out Ranchcrest Drive
and travel down Route 221. As a downstream neighbor, he stated that he would like to
thank Seaside Heights for cleaning up the oil and gas contaminated soil on the site. He
stated that many residents are unaware of the environmental improvements made by
Mr. Seymour, and he requested approval of this development.
Joe Preseren, 5022 Cave Spring Circle, stated that this is the type of
business we want in Roanoke County and encouraged the Board's support of the
project. He noted Mr. Seymour's civic involvement in the County, and stated that the
proffers presented indicate that Mr. Seymour cares about the community.
Gloria Christen, 5123 Springlawn Avenue, stated that very few of the
residents are opposed to Bojangles; but they all object to the increased traffic it will
1262
November 15, 2005
bring to their already burdened street. She advised that Springlawn residents have
begged for attention to the increasing traffic volume for years, and they know that traffic
from the proposed Bojangles will further stress the street. She stated that Bojangles
traffic that is unable to exit left onto Brambleton will naturally exit right onto Brambleton,
turn the corner to Merriman Road, and then travel on to Springlawn Avenue. She
presented a petition signed by area residents requesting that the north end of
Springlawn Avenue be closed to traffic, regardless of whether the Bojangles petition is
approved. She cited traffic counts for the area as justification for this road closing.
Norma Brown, 1584 Greenhaven Trail, Thaxton, Virginia, stated that she
approached Mr. Seymour regarding a fundraiser for a 3-year old boy diagnosed with
Neuroblastoma, and that Mr. Seymour went to great lengths to assist in this endeavor.
She stated that the community needs this gentleman because he would do anything for
the community.
Tim Doran, 6934 Autumnwood Lane, stated that he supports Mr.
Seymour, who is also a County citizen, and noted that Mr. Seymour is a big supporter of
community sports programs. He asked that Roanoke County support Mr. Seymour, one
of its own citizens.
Amy Ward, 7001 lrondale Circle, stated that she has done business with
Mr. Seymour for years. She indicated that she was baffled when she heard it was a
possibility that the project might not be approved. She acknowledged traffic concerns in
the County, but encouraged the Board to support the project.
November 15, 2005
1263
Ray Martin, 4223 Hillbrook Circle, stated that he supports Mr. Seymour
and his efforts to have the property rezoned in order to build a Bojangles. He stated
that Mr. Seymour willingly supports the community and the youth, and we know that he
will be a good neighbor. He stated that Mr. Seymour has also shown he is willing to
address the residents concerns regarding traffic.
IN RE:
RECESS
Chairman Altizer declared a recess at 8:46 p.m. The Board returned to
open session at 9:00 p.m.
IN RE:
SECOND READINGS AND PUBLIC HEARINGS (CONTINUED)
2. Second readinQ of an ordinance to rezone .98 acres from C1.
Office District. to C2. General Commercial District. and to obtain ª
special use permit on 2.22 acres for the operation of ª fast food
restaurant and drive-thru located at the intersections of
- - - -
Brambleton Avenue. Colonial Avenue. and Merriman Road. Cave
SprinQ MaQisterial District. upon the petition of Seaside HeiQhts.
LLC (BojanQles). (Janet Scheid. Chief Planner)
The following citizens spoke regarding this item:
Steven Sutherland, 4810 Colonial Avenue, stated that ease of access and
egress to a site is the key to a good project. He stated that he has followed the different
proposals that have been presented with respect to this project. The traffic study
indicates that peak hours of use for the business coincide with peak traffic hours in the
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November 15, 2005
area, and this aggravates the traffic issue. He advised that Anderson Associates
projected minor inconvenience to the Colonial Avenue interchange; but the Merriman
intersection, a service level C at this time, will go to service levels E and F over the
projected build out. He stated that they have a plan for getting people in and out, but no
infrastructure plans to guarantee traffic and public safety will not be degraded. He
advised that he is predicting that this intersection will fail and there will be accidents.
VDOT has recognized that this intersection is a problem, and tonight's vote determines
who is responsible for the next change.
Shannon Brabham, 1801 Pelham Drive, stated that she supports this
project and members of the Hidden Valley Athletic Association also support it. She
stated that she is impressed with Mr. Seymour's generosity to the youth sports
associations in Roanoke County and because he is also a resident of Southwest
County, he will continue to be a good steward.
Crissy Hill, 7216 Woods Crossing, spoke in support of the project. She
stated that Mr. Seymour has been a strong supporter of the community and youth
athletics, as well as the area schools. She stated that most speakers are in support of
the project, and noted that concerns are focused on traffic.
Alan Hassall, 6781 Parkway Drive, stated that everything is relative. In
reality, traffic in Roanoke is not a terrible situation. He stated that he can not believe
that a Bojangles will create additional traffic or draw other people to the area. He stated
November 15, 2005
1265
that the proposed traffic pattern would actually decrease traffic on Merriman Road, and
he urged the Board's support of the petition.
Dennis Barbour, 5239 Springlawn Avenue, stated that the County has
changed and grown, and he noted that change is good. But he stated that with change,
other changes need to occur and something must be done about the 1,000 vehicles per
day on Springlawn Avenue. He stated that the proposal to block traffic from coming
onto Merriman Road will not hold up. Bojangles will add to this problem, and he
requested that the Board consider these concerns.
Bob Canfield, 5028 Shady Side Drive, stated that this intersection has
traffic problems. A business will locate on this property, and he does not think there will
be a better business person that will work with the community to address traffic
concerns. He encouraged the Board to support the petition and have staff continue to
work with this business. He noted that the traffic problem already exists.
Paqe Moir, 6527 Fairway Estates Drive, stated that he frequents
businesses that support activities that he supports, and advised that Mr. Seymour
maintains neat, clean businesses. He indicated that Mr. Seymour is not an absentee
owner and stated that he frequently sees him in the restaurants. He stated that if the
traffic concerns can be addressed, Mr. Seymour is the person we want to deal with.
Cindy Webster, 4714 Colonial Avenue, acknowledged the time put forth by
staff in the Planning Department who worked with this project and she recognized Janet
Scheid, Tim Beard, and Anthony Ford. She stated that the issue is not Mr. Seymour's
1266
November 15, 2005
character; that is a given. The issue is compatibility and this is a land use issue. She
stated that something will go on the site, but we want it to be compatible with the
existing transportation infrastructure. Even with the new proposed traffic pattern, when
a car leaves Merriman Road they will be faced with an already failed intersection. A car
trying to turn left onto Colonial Avenue will not be able to do so, and this will encourage
cut-through traffic in the area. She indicated that you can not control human nature in
driving. The traffic presently existing will use this intersection in a different way because
there is a different land use, and this will impact the area. She noted the addition of the
Desimone law office in 2002 and cited it as an example of a commercial site that would
be compatible with the land use. She stated that positive growth does not just embrace
an owner, it embraces the community. She asked that the Board carefully consider
their decision, and advised that the residents are asking for a planned community with
compatible use between existing land and infrastructure.
Mike Mercier, 6477 Ran Lynn Drive, stated that Mr. Seymour will make
good on the items he has proffered. He voiced support for the petition and stated we
have the opportunity to address two issues: (1) quality use of the land with the proffers
put forward for an attractive and useful facility; (2) an opportunity to address some of the
traffic issues by having a business that has developed a traffic plan.
Peter Vieth, 1846 Whippletree Drive, stated that he could not understand
why the Planning Commission voted against this petition. He stated that he could not
think of a more appropriate location for a fast food restaurant, and stated that this is an
November 15, 2005
1267
appropriate location due to its designation for urban, high-intensity development in the
community plan. He stated that the surrounding area is already commercially
developed, and the restaurant will not change the character of the neighborhood or
have much effect on traffic. He noted that Brambleton Avenue carries 23,000 vehicles
per day, and the nearby Kroger and CVS stores bring in hundreds of customers per
day. He questioned if anyone will notice any additional traffic. He further stated that a
percentage of the existing traffic will be customers of Bojangles, and there is a limit to
the number of new customers that will result. He urged support of the ordinance.
Fenton Childers, 3608 Larson Oaks Drive, advised that he is representing
Kroger Co. and stated that he has been impressed with the development and that it will
be an attractive addition to this area. He indicated that he has attended several of the
public meetings, and noted concerns regarding traffic. He advised that when the
shopping center was re-developed in 1997, there was less traffic. He stated that Kroger
is an existing business that has invested a great deal of money in this property. He
acknowledged that County residents are pushing for further VDOT study of traffic in the
area, and he asked that the Board protect the rights of the existing businesses who
have made significant investments in their property.
Steve Noble, 5376 Cantor Drive, voiced support for the rezoning. He
stated that consistency in expectations is critical to zoning, and he contrasted the
decision before the Board today with the decision last year regarding Keagy Village.
He stated that Keagy Village was approved by both the Planning Commission and
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November 15, 2005
Board of Supervisors, and noted that it required rezoning for retail use. The Bojangles
site can have general office and retail restaurants by right. He stated that Keagy Village
will add turning lanes onto Keagy Road, substantially increasing future traffic.
Bojangles will add traffic, but the great majority is already being generated by Kroger
and the thru traffic on Colonial Avenue. He stated that Keagy Village is based on the
concept of a "lifestyle center"; however, this term is not defined by the International
Council of Shopping Centers and we do not know how the center will look. He stated
that we do, however, know how the Bojangles restaurant will look because it has been
proffered. He indicated that the Board's choice is whether to accept a plan where we
know what will be developed, or deny the plan and place the property owner, or another
owner, in the position of doing an alternative development without the proffers
associated with this SUP. He stated that this is a case where the supervisors can
provide direction and he recommended approval of the plan.
David Paqe, 3528 Old Towne Road, stated that he is here as a character
witness for Stan Seymour. He noted that he previously lived in Raleigh, North Carolina,
and spoke of their traffic problems. He advised that he moved back to Roanoke
because of people like Stan Seymour who make this place what it is.
Supervisor Wray noted the traffic concerns that were mentioned by the
citizens and voiced concerns regarding whether or not the County will be able to
mitigate the commercial traffic through the neighborhood. He stated that as Mr.
Canfield mentioned in his remarks, this business may actually improve the traffic
November 15, 2005
1269
situation. He stated that he has discussed the traffic concerns with Ms. Christen, and
he requested that a traffic study be conducted in the area. Mr. Ford stated that he
would be glad to work with the citizens and VDOT regarding the requested traffic study.
Mr. Ford noted that many of the VDOT functions previously handled in Richmond are
now being performed locally, and the Salem District has a planner that might be able to
address this issue. Supervisor Wray requested that a report be submitted within 90
days. Mr. Ford advised that several months ago, he requested traffic volume studies
from VDOT for this area and that initial data has already been gathered. He stated that
the study must also encompass an evaluation of how changes to anyone road will
affect the adjacent street network. Supervisor Wray requested that Mr. Hodge oversee
this process and keep the study moving forward.
Supervisor Wray questioned how the triangle impedes traffic coming out
and turning left into the traffic that is trying to turn onto Cave Spring Lane. Mr. Ford
stated that it is the result of channelization and maneuverability, and he advised that
specific issues will be addressed in the site plan review.
Supervisor Church commended Mr. Seymour for his actions which have
obviously touched the many speakers at tonight's meeting. He stated that while Mr.
Seymour's character is not the issue, it does say a lot. He noted that the Planning
Commission denied this petition 5-0, but stated that decisions are based on the facts
available at the time. He advised that it does not make either party right or wrong when
the Board and Planning Commission vote differently on projects, and he indicated that
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November 15, 2005
this appears to be a better proposal than what was originally voted on by the Planning
Commission. He stated that he would like to see the traffic situation improve and he is
not sure if the situation will be changed, with or without the Bojangles. He advised that
he relies heavily on what is said by the citizens who are at the meeting. He further
indicated that he dislikes when issues are presented in a manner that indicates that if
this project is not approved, you may get something worse. He stated that this appears
as a threat and then a "what if" and he advised that the Board should not make
decisions based solely on "if we don't do this, we could get something worse". He
stated that we would be better served to get the very best that we can the first time.
Supervisor Flora stated that in looking at the Merriman Road access, the
purpose is to prevent right turns. He indicated that there has been discussion regarding
curbs and a 3' high wall, and he questioned if there is a standard height that would
prohibit driving across the barrier. Mr. Ford advised that VDOT has mountable and non-
mountable curbs and indicated that anything over 7 to 8 inches would be deemed a
non-mountable curb. Supervisor Flora indicated that from an aesthetics and safety
point of view, it would be more appropriate to consider a barrier in the 7 to 9 inch range
with landscaping. He stated that Springlawn Avenue is an issue that needs to be
addressed, regardless of the outcome of this project, and he inquired if it is possible to
convert this street to a cul-de-sac if this is the desire of the citizens. He concurred that
traffic is relative, but it does not make it any less important to the people who have to
deal with it.
November 15, 2005
1271
Supervisor McNamara referenced the traffic study report included in the
agenda packet and requested that Mr. Ford explain Summary Table 1 on Page 2
relative to Summary Table 2 and the first paragraph in the conclusion. Mr. Ford advised
that the Board was provided with the initial traffic study dated May 2005, and he
summarized the most up-to-date information. Mr. Ford advised that Summary Table 1
in the current study shows how the level of service is affected in examining the 2005
traffic and the 2006 background traffic, which projected traffic out to the build out year
assuming that the Bojangles was not built. The 2006 build out traffic would be the
future traffic plus the development generated traffic. He stated that the table shows that
the intersection of Colonial Avenue and Merriman Road currently has a delay of 30.4
seconds with a service level of D; in 2006 without the development, it will increase to a
34.5 second delay with a service level of D; in 2006 with the Bojangles development,
there will be an increase of 24.1 seconds to a 58.6 second delay with a service level of
F. He stated that at the Brambleton Avenue and Colonial Avenue intersection, the
current conditions are an 82.6 second delay per vehicle with a service level of F; in
2006 without the Bojangles, there is a projected 93 second delay with a service level of
F; in 2006 with the Bojangles, there is a projected 104 second delay with a service level
of F. He noted that even without the development, there is still a service level of F at
this intersection. At the Brambleton Avenue and Pleasant Hill Drive intersection, there
is currently a 34.6 second delay with a service level of C; in 2006 without the Bojangles
1272
November 15, 2005
there is a 41.5 second delay and a 46.6 second delay with the Bojangles, which
degrades the level of service from a C to a D.
Mr. Ford further advised that when a traffic impact study is submitted,
VDOT will normally allow for decreasing the trip generation numbers by at least 25% if it
involves a fast food restaurant on the premise that people traveling by will stop in and it
will not generate any additional trips on the network. Mr. Ford indicated that when this
study was developed, the engineers assumed a pass by trip reduction rate of zero. He
indicated that they could have gone up to 25%, which would have reduced the numbers,
but they wanted to err on the conservative side so they did not use the pass by trip
reduction.
Supervisor McNamara inquired if the intersection at Colonial Avenue and
Merriman Road was the only one that would show a significant increase. Mr. Ford
responded in the affirmative and stated that per the study, the delay increases 24.1
seconds. Supervisor McNamara inquired if it would still be better than the current
conditions at the intersection of Brambleton Avenue and Colonial Avenue. Mr. Ford
stated that the Brambleton Avenue and Colonial Avenue intersection will only increase
11 seconds; however, he noted that this intersection overall is the worst and has almost
three times the delay of any of the other intersections. Supervisor McNamara
questioned why the results of this study are so different from the information contained
in the study provided to the Board. Mr. Ford advised that the one of the problems with
the initial study was that the trips generated at the site data was obtained by using cash
November 15, 2005
1273
register receipts obtained from other area Bojangles restaurants. He stated that they
also had a difference in the actual field data that was gathered at the site. Mr. Ford
stated that both he and VDOT preferred that they use VDOT data for existing traffic, and
the nationally recognized trip generation manual to arrive at the number of trips
generated at the site. He stated that these changes altered the data.
Supervisor McNamara asked for clarification regarding Summary Table 2
in the old traffic study, and inquired if there is a corresponding table in the new traffic
study. Mr. Ford advised that the latest version does not have a Summary Table 2.
Supervisor Altizer questioned how much additional traffic is generated by
a drive-through. Mr. Ford stated that overall, it is anticipated that the site will generate
2,200 trips per day: 316 for the retail portion and 1,885 for the Bojangles. He noted
that these figures could have been reduced by 25% if we had used the pass by trip
reduction. He advised that Mr. Seymour could address specific questions relating to
drive-through traffic. Mr. Seymour stated that he examined each of his restaurants and
compared drive-through versus dine in traffic on an hourly basis. He reported that the
greatest volume is on Friday and there were 480 transactions in the drive-through with
dine in transactions totaling 387. Mr. Seymour stated that this was the highest volume
noted in his analysis.
Supervisor Altizer stated that he appreciated the fact that he had not
heard any comments from either the attorney or the developer regarding what they
could do by right. He stated that as a Board member, he has to consider the traffic that
1274
November 15, 2005
will be generated if a business builds by right and the ultimate goal is to find the best fit
for everyone. There is a larger picture that must be addressed by the Board in this
area, as well as in other areas of the County. He noted the need to address how we
deal with and respond to traffic, as well as the timeliness of our responses.
Supervisor McNamara questioned why we would use an industry average
of 1,885 if we have data from existing restaurants suggesting a maximum trip count of
867. Mr. Ford advised that the industry average of 1,885 represents trips in and out;
therefore, you would take the 800 plus cash register receipts and multiply this number
times two.
Supervisor Wray stated that this is not about Mr. Seymour's character, but
rather the impact of a business. He stated that we must examine what we have control
over, and in this case we have proffers that Mr. Seymour must abide by and has agreed
to implement. These protections will not be available if a business locates by right on
this site. He advised that the proffers will restrict traffic flow onto Merriman Road, and
he voiced support for examining the traffic concerns on Springlawn Avenue. He
questioned what more could be obtained from this situation to address the traffic
concerns, and stated that we are moving in the right direction.
Supervisor Wray moved to adopt the ordinance.
Supervisor McNamara questioned if the motion to approve is with the
proffered site plan submitted at the meeting today. Supervisor Wray requested
clarification that there are two actions being accomplished. Mr. Mahoney advised that
November 15, 2005
1275
the ordinance will accomplish two things: (1) it will rezone the property from C-1 to C-2;
and (2) it will approve the SUP for the drive-through. Mr. Mahoney noted that as part of
the rezoning, there are a series of proffered conditions that have been submitted and
one of those proffered conditions was modified today and presented prior to the
commencement of the public hearing. He confirmed that the motion on the floor
accomplishes all the necessary actions.
Supervisor McNamara stated that he received two site plans and
questioned if the motion was for the plan shown on Page 1. It was clarified that the site
plan being approved is the version that does not include spikes.
Supervisor Wray's motion to adopt the ordinance carried by the following
recorded vote:
AYES:
NAYS:
Supervisors McNamara, Church, Wray, Flora, Altizer
None
Supervisor Flora remarked that a citizen had commented earlier that this
decision is a land use issue and not related to an individual's character. He concurred
that this is a land use issue, and stated that the question to be considered is whether
this is the highest and best use of this property. He stated that he feels this is the
highest and best use of the property, and he supports the rezoning for this reason.
Supervisor Altizer stated that the Board has made a land use vote tonight;
however, with respect to the citizens who have voiced concerns regarding traffic, he
advised that there are areas such as this throughout the County. He stated that it is
1276
November 15, 2005
incumbent upon the Board to examine what can be done to address these problems,
and he stated that there are steps that can be taken to plan for road improvements in
advance of securing funding. He advised that the Board must ensure that there is
sufficient staff in the County to address the transportation issues that we will be facing in
the future.
ORDINANCE 111505-11 TO REZONE .98 ACRES FROM C1, OFFICE
DISTRICT, TO C2, GENERAL COMMERCIAL DISTRICT, AND TO
OBTAIN A SPECIAL USE PERMIT ON 2.22 ACRES FOR THE
OPERATION OF A FAST FOOD RESTAURANT AND DRIVE-THRU
LOCATED AT THE INTERSECTIONS OF BRAMBLETON AVENUE,
COLONIAL AVENUE, AND MERRIMAN ROAD IN THE CAVE SPRING
MAGISTERIAL DISTRICT UPON THE PETITION OF SEASIDE
HEIGHTS LLC (BOJANGLES)
WHEREAS, the first reading of this ordinance was held on December 21, 2004,
and the second reading and public hearing were held and continued to November 15,
2005; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on August 16, 2005; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing .98
acres, as described herein, and located at the intersections of Brambleton Avenue,
Colonial Avenue, and Merriman Road (Part of Tax Map No. 86.08-3-35.1 and all of
86.08-3-36.1) in the Cave Spring Magisterial District, is hereby changed from the zoning
classification of C1, Office District, to the zoning classification of C2, General
Commercial District.
2. That this action is taken upon the application of Seaside Heights, LLC.
3. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia,
hereby accepts:
(1) The development of the property shall substantially conform with
the site plan entitled "Site Layout and Grading Plan for RoBo, LLC," dated
November 1 0, 2005, attached as Exhibit A, with driveway access only from
November 15, 2005
1277
Brambleton Avenue and Merriman Road, subject to those changes required by
Roanoke County during its comprehensive site plan review.
(2) The exterior of the fast food restaurant to be constructed on the
Property shall substantially conform to the photographs attached as Exhibit B.
(3) All building exterior walls shall be brick from grade to eave.
(4) The Merriman Road driveway shall be designed to prohibit right
turns onto Merriman Road.
(5) Signage placed on the building(s) shall occupy less than 5% of the
building façade area.
(6) Any freestanding sign shall be a monument style not to exceed 5
feet in height or 7 feet in width, and shall have brick construction to match the
buildings.
(7) The top of any light fixture shall not exceed 15 feet.
(8) The sides and rear of the dumpster enclosure shall be brick
construction to match the buildings.
(9) Dumpsters shall not be emptied between the hours of 10:00 p.m.
and 7:00 a.m.
(10) Portions of the front yards along the Colonial Avenue and Merriman
Road rights-of-way designated on the concept plan for landscaping shall remain
as open green spaces, and landscaped with any combination of flower, shrubs,
ground cover or trees.
4. That said real estate is more fully described as follows:
Part of Tax Map No. 86.08-3-35.1 - .298 acres
Being as shown on Sheet 1 of 1 of the plat entitled "Preliminary Record Plat
Showing Right-of-Way Vacation at the intersection of Colonial Avenue (Rt. 687)
and Brambleton Avenue (Rt. 221), prepared for Seaside Heights, LLC situated in
the Cave Spring Magisterial District, Roanoke County, Virginia" dated June 11,
2002, prepared by Lumsden Associates, P.C., with the point of beginning lying at
the corner formed by the intersection of the east right-of-way line of Route 221
(Brambleton Avenue) and the south right-of-way line of Route 687 (Colonial
Avenue); thence, along the following courses: along a curve to the left, having a
radius of 591.25 feet, an arc length of 158.11 feet, a chord bearing of S. 62° 53'
02" E. and a chord length of 157.64 feet; thence, S. 14° 39' 39" E. 26.04 feet;
thence, S. 04° 01' 45" W. 40.69 feet; thence, along a curve to the right, having a
radius of 1457.39 feet, an arc length of 164.90 feet, a chord bearing of S. 85° 40'
16" W. and a chord length of 164.82 feet; thence, S. 89° 02' 06" W. 96.26 feet;
thence, N. 31 ° 56' 45" E. 159.67 feet; thence, N. 63° 11' 03" E. 35.93 feet to the
point of beginning and containing 0.58 acre, more or less.
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November 15, 2005
All of Tax Map No. 86.08-3-36.1 - .68 acres
Beginning at an old iron pin at the southwest intersection of Colonial Avenue and
Merriman Road; thence, with the west side of Merriman Road S. 4° 49' 00" W.
104.63 feet to a railroad spike; thence, with a curve to the right that has an arc
distance of 126.81 feet, a radius of 681.20 feet, and a chord bearing and
distance of S. 10° 08' 58" W. 126.62 feet to an iron pin set on the west side of
Merriman Road; thence, leaving said road and with a new line N. 70° 58' 35" W.
147.56 feet to an iron pin set on the outside boundary of the Lions Club of Cave
Spring District, Inc. property; thence with the same N. 24° 43' 16" E. 6.53 feet to
an old pipe; thence, N. 24° 54' 13" E. 120.91 feet to an old iron pin; thence, S.
7r 35' 26" W. 66.70 feet to an old iron pin; thence, N. 3° 51' 34" W. 69.40 feet to
an old iron pin on the south side of Colonial Avenue; thence, with the same N.
89° 42' 26" E. 22.26 feet to an iron pin; thence with a curve to the left that has an
arc distance of 164.91 feet, a radius of 1,457 feet, and a chord bearing and
distance of N. 86° 27' 31" E. 164.82 feet to the point of beginning, containing
0.689 acres and being known as Lot 1, Plat of Subdivision made for Lions Club
of Cave Spring District, Inc. by David A. Bess, L. S., dated February 16, 2001,
and recorded in Plat Book 24 at page 63 in the Roanoke County Circuit Court
Clerk's Office.
5. That the Board finds that the granting of a special use permit to Seaside
Heights, LLC to operate a fast food restaurant and drive-thru to be located on 2.22
acres (Tax Map Nos. 86.08-3-34, 35, 35.1, and 36.1) at the intersections of Brambleton
Avenue, Colonial Avenue, and Merriman Road in the Cave Spring Magisterial District is
substantially in accord with the adopted 2000 Community Plan, as amended, pursuant
to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and
said special use permit is hereby approved.
6. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Wray to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
November 15, 2005
1279
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara: (1) He noted that many Board members have
probably received calls regarding the County's high water rates, and he advised that
each Board member received a Draper Aden report which covered 139 localities in
Virginia. The report indicates that the average monthly charge for water and
wastewater combined for 5,000 gallons was $38.75 in Roanoke County, which was 16¢
below the average. He further advised that Roanoke County connection fees are
$3,000, which is $39 less than the average. He indicated that this objective data
illustrates that the County is consistent with state-wide averages, and stated that the
good news is that we have water. (2) He noted that several Board meetings ago, there
was discussion regarding improvements to facilitate thru traffic in the Brambleton
Avenue/Route 221 corridor. He stated that he subsequently noticed changes in the
traffic light at Pleasant Hill Drive and it now only allows seven or eight cars through the
intersection at a time. He stated that this is creating a backup of cars on Pleasant Hill
Drive and making it very difficult for people to exit from Kingston Court. Anthony Ford,
Transportation Engineering Manager, advised that VDOT may have made changes to
improve the efficiency of the intersection. He indicated that he would follow up with
VDOT to determine what, if any, changes have been made at this intersection.
Supervisor Church: He thanked the individuals who spoke at tonight's
Board meeting for the orderly fashion in which they addressed the Board.
1280
November 15, 2005
Supervisor Wray: (1) He inquired about the possibility of community
policing in neighborhoods, possibly on bicycle. He stated that he would like to see a
greater involvement of the Police Department in this community effort, and he also
encouraged their participation in civic league meetings. (2) He thanked Mr. Hodge,
Congressman Goodlatte, and the people who participated in the recent Blue Ridge
Parkway tree planting ceremony. (3) He inquired about the status of a letter to VDOT
regarding poor road repairs on County roads. (4) He wished everyone a happy and
safe Thanksgiving.
Supervisor Flora: (1) He asked that staff investigate the home on Fair
Oaks to determine whether or not it qualifies as a blighting influence. He noted that this
is a nice neighborhood, and he requested that this concern be investigated. (2) He
requested that VDOT examine the traffic signal at Florist Road and Williamson Road.
He noted that recent changes require Florist Road traffic to remain stopped, even
though both lanes on Williamson Road are also stopped. He advised that this IS
impeding traffic in the area and requested that Anthony Ford investigate this concern.
Supervisor Altizer: (1) He advised that he attended the VDOT update
meeting on the 1-81 study, and noted that an environmental impact report may be
issued this Friday, November 18. He stated that in one year, VDOT will move into the
Tier 2 design and at that time a determination will be made with respect to tolls. He
questioned at what point Roanoke County should become more involved with this study.
Arnold Covey, Director of Community Development, advised that options will be issued
November 15, 2005
1281
with Tier 1 and these options are the ones that the Commonwealth Transportation
Board (CTB) will move forward to Tier 2. He indicated that staff will become involved
with this process on Friday if the document is moved forward and a decision is made.
Supervisor Altizer indicated that it is incumbent upon the Board, once this decision is
made, to meet with our locally appointed members of the CTB to provide input and
direction regarding the final outcome. Mr. Covey also noted that the CTB has requested
a letter from the County outlining what we would support in the Phase 1 options. (2) He
advised that the Governor-Elect is holding a town hall meeting tomorrow evening,
November 15, at 5:15 p.m. at the Transportation Museum to receive input from citizens
regarding transportation issues.
IN RE:
ADJOURNMENT
Chairman Altizer adjourned the meeting at 10:24 p.m.
Submitted by:
Approved by:
~1.O~O } ~~. t/¡¡j)¡jLJ)
Diane S. Chil ers, CMC
Clerk to the Board
~~n. ~.
Michael W. Altizer r
Chairman
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November 15, 2005
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