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HomeMy WebLinkAbout5/14/1985 - Regular .~ f~ ¡~1 I,,);: .~ 11- ~. I Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24015 May 14, 1985 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the second regularly scheduled meeting of the month of May, 1985. IN RE: CALL TO ORDER Chairman McGraw called the meeting to order at 3:05 p.m. The roll call was taken. I MEMBERS PRESENT: Chairman Steven A. McGraw; Vice-Chairman Athena E. Burton; Supervisors Alan H. Brittle, Harry C. Nickens MEMBERS ABSENT: Supervisor Gary J. Minter (arrived during Executive Session) IN RE: EXECUTIVE SESSION Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 (a), (1), (2), (4), and (6). The motion carried by a unanimous voice vote. Supervisor Minter arrived during Executive Session. IN RE: OPEN SESSION I Supervisor Brittle moved to return to Open Session. The motion carried by a unanimous voice vote. IN RE: RECESS Chairman McGraw called for a dinner recess at 5:40 p.m. --I ~ 673 May l4, 1985 IN RE: CALL TO ORDER Chairman McGraw called the meeting to order at 7:10 p.Œ The roll call was taken. MEMBERS PRESENT: Chairman Steven A. McGraw; Vice-Chairman Athena E. Burton; Supervisors Alan H. Brittle, Harry C. Nickens, and Gary J. Minter I MEMBERS ABSENT: None IN RE: OPENING CEREMONIES The Reverend Albert Beardsley of Hollins College gave the invocation. The pledge of allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, AND AWARDS Chairman McGraw presented resolutions and certificates of appreciation to the Roanoke Stars Girls 12 and under, Roanoke I Stars Girls 14 and under; Roanoke Raiders Boys II and under, Valley Heights Stars Boys 13 and under and Roanoke Valley Stars Boys 15 and under basketball teams, the Local Virginia State Winners of the Amateur Athletic Union. Supervisor Nickens moved to approve the prepared resolutions. RESOLUTION 85-72 COMMENDING AND CONGRATULATING THE MEMBERS AND COACHES OF THE ROANOKE STARS UPON WINNING THE VIRGINIA AAU GIRLS BASKETBALL CHAMPIONSHIP IN THE TWELVE AND UNDER AGE GROUP. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS the Roanoke Stars recently won the Virginia AAU Girls Basketball Championship in the twelve and under age group; and I WHEREAS, as a result of this achievement in strong competition with teams from throughout Virginia, the Roanoke Stars qualify to represent Roanoke County, the Valley, and the - ~ ~ May 14, 1985 4 I State of Virginia at the National AAU Basketball Tournament in Kansas City, Missouri in July of 1985; and WHEREAS, nine of the twelve skilled members of the team reside in Roanoke County; and WHEREAS, it is appropriate for the County Board of Supervisors to recognize, commend and congratulate the youth of our County when they excel in areas of wholesome, positive individual and team accomplishment; and WHEREAS, the County Board of Supervisors likewise applaud and appreciate the dedication and expenditure of time and energy on the part of Head Coach Larry Ewing, and assistant coach John Pomeroy, and desire to wish the entire team success in their effort to bring the National AAU Championship to Virginia and the Roanoke Valley. I NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the Roanoke Stars: Karla Bratton, Kay Caldwell, Amy Conner, Stacey Edmunds, Patti I Fisher, Sara Goodman, Laura Hyer, Aileen Miller, Leigh Palmieri, Terri Robinson, Marcia Rodgers, Courtney Williams, and their coaches, Larry Ewing and John Pomeroy be individually and collectively recognized for the outstanding achievement of winning the State of Virginia AAU Girls Basketball Championship in the twelve and under age group; and BE IT THEREFORE FURTHER RESOLVED that this County Board of Supervisors extend best wishes to the Roanoke Stars in their efforts to bring the National AAU Championship to Virginia and the Roanoke Valley, and BE IT RESOLVED that this Resolution be spread in the records of the County and that a Certified Copy be presented to the team as a remembrance of their superlative efforts. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None. ~ ~ ~ n~5 -, '( May 14, 1985 RESOLUTION 85-73 COMMENDING AND CONGRATULATING THE MEMBERS AND COACHES OF THE ROANOKE STARS UPON WINNING THE VIRGINIA AAU GIRLS BASKETBALL CHAMPIONSHIP IN THE FOURTEEN AND UNDER AGE GROUP. I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS the Roanoke Stars recently won the Virginia AAU Girls Basketball Championship in the fourteen and under age group; and WHEREAS, as a result of this achievement in strong competition with teams from throughout Virginia, the Roanoke Stars qualify to represent Roanoke County, the Valley, and the State of Virginia at the National AAU Basketball Tournament in Kansas City, Missouri in July of 1985; and WHEREAS, ten of the twelve skilled members of the team reside in Roanoke County; and WHEREAS, it is appropriate for the County Board of I Supervisors to recognize, commend and congratulate the youth of our County when they excel in areas of wholesome, positive individual and team accomplishment; and WHEREAS, the County Board of Supervisors likewise applaud and appreciate the dedication and expenditure of time and energy on the part of Head Coach Jan Bruce, and assistant coach Dave Jones, and desire to wish the entire team success in their effort to bring the National AAU Championship to Virginia and the Roanoke Valley. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the Roanoke Stars: I Amy Adcock, Lisa Allison, Kaye Amos, Amy Boteler, Twala Bratton, Anne Gray, Tami Herbert, Lynn Holliday, Kristie Jones, Shawn Patton, Cindy Price, Debbie Puch, and their coaches, Jan Bruce and Dave Jones be individually and collectively recognized for the outstanding achievement of winning the State of Virginia AAU ----- ~ ~ May 14, 1985 6 Girls Basketball Championship in the fourteen and under age group; and I BE IT THEREFORE FURTHER RESOLVED that this County Board of Supervisors extend best wishes to the Roanoke Stars in their efforts to bring the National AAU Championship to Virginia and the Roanoke Valley, and BE IT RESOLVED that this Resolution be spread in the records of the County and that a Certified Copy be presented to the team as a remembrance of their superlative efforts. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None RESOLUTION 85-74 COMMENDING AND CONGRATULATING THE MEMBERS AND COACHES OF THE ROANOKE RAIDERS UPON WINNING THE VIRGINIA AAU BOYS BASKETBALL CHAMPIONSHIP IN THE ELEVEN AND UNDER AGE GROUP. I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS the Roanoke Raiders recently won the Virginia AAU Boys Basketball Championship in the eleven and under age group; and WHEREAS, as a result of this achievement in strong competition with teams from throughout Virginia, the Roanoke Raiders qualify to represent Roanoke County, the Valley, and the State of Virginia at the National AAU Basketball Tournament in Orlando, Florida in July of 1985; and WHEREAS, four of the twelve skilled members of the team reside in Roanoke County; and I WHEREAS, it is appropriate for the County Board of Supervisors to recognize, commend and congratulate the youth of our County when they excel in areas of wholesome, positive individual and team accomplishment; and WHEREAS, the County Board of Supervisors likewise applaud and appreciate the dedication and expenditure of time and ~ ~ ~ h77 May 14, 1985 energy on the part of Head Coach Melvin Phifer, Sr., and assistant coach Lacy Dudley, and desire to wish the entire team success in their effort to bring the National AAU Championship to I Virginia and the Roanoke Valley. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the Roanoke Raiders: Matthew Anderson, Melvin B. Phifer, Jr., Tim Basham, Jonas Callis, Michael Hancock, Jason Lavinder, Chad McGhee, Thomas Page, James Steahly, Tony Trussel, Kerry Whitt, David Williams, and their coaches, Melvin B. Phifer, Sr. and Lacy Dudley be individually and collectively recognized for the outstanding achievement of winning the State of Virginia AAU Boys Basketball Championship in the eleven and under age group; and BE IT THEREFORE FURTHER RESOLVED that this County Board of Supervisors extend best wishes to the Roanoke Raiders in their efforts to bring the National AAU Championship to Virginia and I the Roanoke Valley, and BE IT RESOLVED that this Resolution be spread in the records of the County and that a Certified Copy be presented to the team as a remembrance of their superlative efforts. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None RESOLUTION 85-75 COMMENDING AND CONGRATULATING THE MEMBERS AND COACHES OF THE ROANOKE VALLEY STARS UPON WINNING THE VIRGINIA AAU BOYS BASKETBALL CHAMPIONSHIP IN THE FIFTEEN AND UNDER AGE GROUP. BE IT RESOLVED by the Board of Supervisors of Roanoke WHEREAS the Roanoke Valley Stars recently won the I County, Virginia, as follows: Virginia AAU Boys Basketball Championship in the fifteen and under age group; and WHEREAS, as a result of this achievement in strong competition with teams from throughout Virginia, the Roanoke ----- ~ May 14, 1985 .~ 678 l valley stars qualify to represent Roanoke County, the Valley, and the state of virginia at the National AAU Basketball Tournament I in Las Vegas, Nevada in July of 1985; and WHEREAS, five of the twelve skilled members of the team reside in Roanoke County; and WHEREAS, it is appropriate for the County Board of Supervisors to recognize, commend and congratulate the youth of our County when they excel in areas of wholesome, positive individual and team accomplishment; and WHEREAS, the County Board of Supervisors likewise applaud and appreciate the dedication and expenditure of time and energy on the part of Head Coach Ken Belton, and assistant coaches Vince Helmintoller, Melvin B. phifer, Sr., Tony Bond, and desire to wish the entire team success in their effort to I bring the National AAU Championship to Virginia and the Roanoke valley. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the Roanoke Valley Stars: Chris Black, Curtis Blair, Jr., A. D. Ward, Bill Georgelis, Packy Hutchinson, Chad Beagle, Ronald Murphy, Brian Dockery, Mark Ward, Courtney Penn, David Ware, Steve SIan, and their coaches, Ken Belton, Vince Helmintoller, Melvin B. Phifer, Sr., and Tony Bond be individually and collectively recognized for the outstanding achievement of winning the State of Virginia AAU Boys Basketball Championship in the fifteen and under age group; and BE IT THEREFORE FURTHER RESOLVED that this County Board I of Supervisors extend best wishes to the Roanoke Valley Stars in their efforts to bring the National AAU Championship to Virginia and the Roanoke Valley, and BE IT RESOLVED that this Resolution be spread in the records of the County and that a Certified Copy be presented to the team as a remembrance of their superlative efforts. --I ~ ,,--- 6 ~19 May 14, 1985 On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None RESOLUTION 85-76 COMMENDING AND CONGRATULATING THE MEMBERS AND COACHES OF THE VALLEY HEIGHTS STARS UPON WINNING THE VIRGINIA AAU BOYS BASKETBALL CHAMPIONSHIP IN THE THIRTEEN AND UNDER AGE GROUP. I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS the Valley Heights Stars recently won the Virginia AAU Boys Basketball Championship in the thirteen and under age group; and WHEREAS, as a result of this achievement in strong competition with teams from throughout Virginia, the Valley Heights Stars qualify to represent Roanoke County, the Valley, and the State of Virginia at the National AAU Basketball Tournament in August of 1985; and I WHEREAS, five of the thirteen skilled members of the team reside in Roanoke County; and WHEREAS, it is appropriate for the County Board of Supervisors to recognize, commend and congratulate the youth of our County when they excel in areas of wholesome, positive individual and team accomplishment; and WHEREAS, the County Board of Supervisors likewise applaud and appreciate the dedication and expenditure of time and energy on the part of Head Coach Carroll Gentry, and assistant coaches Buddy Sink and Joe Gaither, and desire to wish the entire team success in their effort to bring the National AAU NOW, THEREFORE BE IT RESOLVED by the Board of I Championship to Virginia and the Roanoke Valley. Supervisors of Roanoke County, Virginia that the Valley Heights Stars: Tom Nelson, Jay Gentry, Eric Walker, Tony Caudill, Del Turner, Miller Isley, Sean Hunt, Eric Johnson, Warren Robinson, Stacy Johnson, Eric Hall, and their coaches, Carroll Gentry, ----- ~ ~ May 14, 1985 ~t\ ~, ~ Buddy Sink and Joe Gaither be individually and collectively recognized for the outstanding achievement of winning the State I of Virginia AAU Boys Basketball Championship in the thirteen and under age group; and BE IT RESOLVED that this Resolution be spread in the records of he County and that a Certified Copy be presented to the team as a remembrance of their superlative efforts. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None IN RE: MISCELLANEOUS ITEMS County Administrator, Donald R. Flanders, announced that Tuesday, May 14, 1985, was Student Government Day at the I Roanoke County offices. Mr. Flanders congratulated each of the students and thanked them for spending the day at the County: Scott Huddle, County Administrator's Office; R. Joe Hall, Sheriff's Department; and Jeff Richards, Public Facilities. Scott Huddle reported on his day to the Board. IN RE: CITIZENS COMMENTS AND COMMUNICATIONS Mr. Wade Register, 2207 Beavers Lane, Vinton, Virginia, representing the Vinton Booster Club, spoke to the Board concerning the poor park conditions and low number of parks available to citizens in his area. Supervisor Nickens informed Mr. Register that he will work with the staff on the problems ard solutions and will discuss with the citizens in that area at a I community planning meeting, May 15, 1985, at 7:00 p.m. at Mount Pleasant and another community meeting on May 22, 1985, at the vinton Library. IN RE: PUBLIC HEARINGS ~ ~ ~ 681 May 14, 1985 Request of the Roanoke County Board of Supervisors for "Use Not Provided For" permit to operate Pathways, a girls group home, at 5929 Cove Road, NW, in the Catawba Magisterial District. I APPROVED Mr. Ed Natt, a member of the Advisory Board of Pathwa s and as a member of the Board of Youth Haven and Sanctuary, was present on behalf of Pathways. Mr. Natt reported that an additional 2,500 square feet will be built on to the 2,700 squa e foot building. This additional space will be built to the rear of the house. Mr. Natt presented a floor plan, artists drawing of the outward appearance of the house, and the actual site location. There is an open area immediately surrounding the proposed site with only two homes across the street and a nearb county school. Dr. George Bowers, a representative of Youth Haven ana I Sanctuary, spoke to the Board explaining the usefulness of such a facilities. Mr. Bowers reported that no complaints have been filed against the children in those homes or against the administration of those homes. The children in these homes are assigned individual counselors, given attainment charts, conference with families, counseling with other families with similar problems, follow-up and after care. Dr. Bowers also reported that these homes are a savings to taxpayers since it costs $22,000 per year to commit a child to state institutions while it costs less than one-fifth of that amount to place the child in a local institution. 100 percent of operating costs i addition to a portion of the actual building costs, is provided by the State. Two-thirds of employee salaries is provided by t e State. Dr. Bowers stressed to the public that Pathways is a I project of Roanoke City, Roanoke County, and Salem. Mr. Heywood Fralin explained to the Board his earlier statement in 1983 concerning that the project would not be plac d ----- in a residential area unless there was 100 percent support. Mr ~ -~ May 14, 1985 682 I Fralin reported that at the time of the statement, they had secured a very attractive site, pioneer Carpet on 220 South adjoining the Red Hill Baptist Church. This location was not approved by the state. Mr. Fralin presented a letter from the Department of Corrections, dated May, 1985, which informed Pathways that this location was denied. Mr. Natt reported that a survey of 22 group homes was made. Sixteen of the twenty-two responded. The 16 respondents were Martinsville, Arlington County, Winchester, Chesapeake, Henrico County, Charlottesville, Williamsburg, Fairfax, Norfolk, Lynchburg, Portsmouth and Virginia Beach. Ten of the sixteen responded that the group home was located in a residential zonec area. Four responded that their homes were in a business zoned location. Fourteen out of 16 responded that property values ha'~ risen; two indicated that some property values have gone up whi]e others remained stable. All 16 of the assessors surveyed reported that the group home had no impact on the property of tte neighborhood. Also the assessor of Roanoke County indicated thét Pathways will not be a factor in determining property values in the area. Mr. Natt also reported that 19 sites were researched. Opposition was also asked for site suggestions. All sites were considered. At the insistence of the Planning Commission, a ne~ site selection committee was developed and considered the same sites and new sites suggested by the opposition. The new committee also selected the Cove Road site. Mr. Natt also reported that there would be 24 hour supervision at the home anë that the children will not be of criminal element. Pathways wi] be managed like Youth Haven and Sanctuary, which neither have hé1 complaints against them. Mr. Natt also invited the citizens frcn the area to serve on the Advisory Board. Mr. Natt also reportec that the institution cannot expand since it is a state regulaticn that it cannot house more than 12 girls. I I ~ ~ ~ D~.l.3 ~) Cv May 14, 1985 Supervisor Burton inquired as to types of problems thE I girls would have. Mr. Trent, Executive Director of Youth Haven¡ reported that the types of children to be served in this home I will probably have been involved in property related offenses, children in need of services (children who will not attend schocl regularly, beyond parental control, or run aways). Mr. Jim Swanson, attorney for the citizens opposing Pathways, was present not to challenge the concept of Pathways but of the location. Mr. Swanson presented a petition with 595 signatures of residents opposing Pathways at the Cove Road location. The citizens in the area are opposing the rezoning because of decline in property values; social element to be injected into the neighborhood; preservation of the character aId nature of the neighborhood; concern that Pathways will progress into a larger facility; concern that management principles cite( I earlier will change; emotion; and that Cove Road is not the bes1 location. Mr. Swanson reported that the County Assessor stated that "at present there would be no decline in property values". Mr. Swanson feels that the Assessor is not an unbiased source since he works for the County and Pathways is petitioned by the County. He also pointed out that Youth Haven is located in a C-l Commercially zoned district and he presented an affidavit from é realtor stating that it could be more difficult to sell real estate in the area if Pathways is approved. The citizens feel that the girls placed in this home will be girls that all other dispositional alternatives available to the Courts have proven ineffective and possibly the last stop before state commitment I for some. There has never been an established form of preselection criteria. Mr. Swanson also reported that the County's record for placing other group homes has never been in a R-l zoned district. ----- ~ ~ May 14, 1985 4 I Mr. Swanson reported that Section 15.1-486.2 of the Code of Virginia, states that physically handicapped, mentally ill and developmentally disabled persons ought not be excluded from normal residential surroundings and that the purposes of this statute is to promote disbursion to achieve "optical assimilation and mainstreaming into the community." He does not feel that "similation" will occur in this area since there is 9C percent opposition within the neighborhood. He feels that the County will not rule according to its own code if they approve this permit. Section 15.1-427 intends to encourage local governments to improve public health, safety, convenience, welfare of its citizens to the end that residential areas be provided with healthy surroundings for families. The citizens cf the area feel that the placement of Pathways in their neighborhood will be violating this section of the Code of Virginia. Section 15.1-456 states that "no previous submission of a location to the local zoning authority can be made without a determination that the location is substantially in accord with the adopted comprehensive plan." Mr. Swanson feels that there has been no determination on this. Mr. John Anderson, 5208 ponderosa Drive, Roanoke, Virginia, 24019, was present to oppose the Pathways permit. He felt that the information was given to the opposition at the la~~ minute. I I Mr. Russell Taylor, 2824 Emissary Drive, Roanoke, Virginia, spoke in opposition to Pathways. Ms. Mable Anderson, 5208 Ponderosa Drive, Roanoke, Virginia, 24019, was also present to speak in opposition. Mr. Michael K. Dowe, 2912 Embassy Drive, NW, Roanoke, Virginia, 24019, also spoke to the Board in opposition to Pathways. Ms. Wanda Canterbury, 314 Mountain Avenue, Roanoke, Virginia, 24016, spoke to the Board in support of Pathways. She --I ~ ~- 685 May 14, 1985 reported that she had been in a home similar to what Pathways will be. The home was located in Texas but in a neighborhood similar to Hunting Hills. Ms. Karen Shelly Hale, 2979 Emissary Drive, NW, Roanoke, Virginia, 24019, appeared and spoke in favor of pathwa s. She performed the telephone survey after the citizens were askea to sign a petition against Pathways. She reported that when th~ petition was presented to her to sign, she was told that the property would be rezoned for business. After speaking with he neighbors and finding out that many of them signed the petition only because they thought the property would be rezoned for business, she made the telephone survey to see which signatures signed because of the rezoning. Mr. Ed Natt stated that he felt the permit would provide an appropriate use of this land. Dr. Bowers reported that because Roanoke City is the only sponsor of Youth Haven, all children from that home attend Roanoke City schools. It was decided by an appointed committee that Pathways should be located in the County to balance the ratio of city children going to County schools and county children attending city schools. Supervisor Brittle announced that at the meeting on January 3, 1985, in which he reported that Cove Road had been identified as a possible site. There was further investigation at that time into several other sites. Supervisor Brittle also announced that any statements he has made about Pathways has be n made out of his pride in supporting this project and with the knowledge that the Directors have proceeded in the most direct and straightforward manner. Supervisor Brittle moved to approve the permit reques . Supervisor McGraw announced that when he came to the Board in January, 1984, the Board was considering a site in Sou h County to purchase for the group home. The Board tried to ----- ~ I I I ~ May 14, 1985 686 I purchase this property for several months on Route 220 South but were unable to because of the price. He also stressed that the statement made earlier that Mr. Willey and other real estate assessments are only opinions, all real estates appraisals are only opinions from assessors. Supervisor McGraw also reported that he did not feel that the vote was taken in agreement with Mr. Fralin's announcement concerning 100 percent acceptance in the neighborhood, that the vote was taken only in support of thE Pathway's concept. Mr. Anderson reported that it was on tape ard would like for the Board to listen to the tape. Supervisor I Minter asked the Chair to allow the tape to be played. Supervisor Burton stressed to the opposition that Mr. Fralin's statement was not included in the motion to support thE Pathways concept at the meeting when it was first brought up. She felt that the vote tonight is for location of the facility and its appropriateness, whether it will be detrimental to the community, whether it will devalue the community or endanger thE life, health, and welfare. Supervisor Nickens asked that the Chair make a ruling in regard to the tape. Chairman McGraw directed Mr. Anderson tc play the tape. Mr. Swanson and Mr. Natt both had a transcript cf that meeting. Mr. Swanson read the transcript to the Board. MI. Swanson read that the motion made by Supervisor Nickens was "Madame Chairman, clearly the need exists. It has been demonstrated. I think the State Department of Corrections and the local judicial people have indicated that the need exists sc I would move that this Board support in concept the development of Girl Haven for this area and that appropriate consideration te given at budget appropriation time." Supervisor Brittle called for questions on his motion to approve the permit request for Pathways. FINAL ORDER I --I ~ ~ 687 May 14, 1985 NOW, THEREFORE, BE IT ORDERED that a "Use-Not-Provide - For" permit to allow the operation of Pathways, a girls group home be approved, said permit to be for 5929 Cove Road, Roanoke I County, Virginia, a 0.805 acre tract of real estate more particularly described as follows: BEGINNING at a point on state Route 780 (Cove Road) at its intersection with a twenty (20) foot asphalt drive; thence in a northerly direction N. 14° 56' 15" W. 22l.7l feet to a point; thence N. 51° 19' 00" E. 116.90 feet to a point; thence S. 42° 58' 20" E.2l0.05 feet to a point which intersects with a twenty (20) foot asphalt driveway; thence in a southerly direction S. 53° 00' 00" W. 221.98 feet to the Place of Beginning and containing 0.805 acres. In addition there is hereby dedicated a twenty (20) foot easement for access for ingress and egress. And being a portion of that same property conveyed to the Roanoke County School Board, Deed Book 967, page 705, and as more particularly described on a plat of survey prepared by Balzer and Associates, Inc., dated April 17, 1985. I BE IT FURTHER ORDERED that a copy of this order be forwarded to the County Planner, and that he be, and hereby is, directed to enter this permit into the official zoning records ,f Roanoke County. This action was adopted on motion of Supervisor Britt e and upon the following recorded vote: AYES: Supervisors Brittle, Nickens, Burton, and McGraw NAYS: Supervisor Minter Public Hearing on Ordinance amending Chapter 5, Animals and Fowl, of the Roanoke County Code concerning the keeping of Poultry and Bees. HELD OVER TO JUNE 4, 1985 I County Attorney, Paul Mahoney, presented the proposed ordinance to the Board of Supervisors. Mr. Mahoney reported th t most of the controversy has arisen out of the bee portion of th ordinance. The key elements will be attempting to regulate beekeeping by limiting the distance where you can place an apia y - ~ ~ May 14, 1985 <";", ~} tÞ(50 I and that distance which is measured from either property line or occupied dwellings or offices, hotels, motels, highways, etc. to provide a simple and easy mechanism to enforce the ordinance. The intent of the ordinance is to limit nuisances or disturbances I to neighbors by limiting the placement and location of a hive. Mr. Jim Miller, 3623 McDaniel Drive, Salem, Virginia, 24l53, spoke to the Board on the bee ordinance. The number of bees in his neighborhood have increased and have become a hazard to him and his family. Guests have not returned to his home because of bees which have prevented him from using his pool and flower and vegetable gardens. Mr. Gerald Robertson, 1048 Grove Lane, NW, Roanoke, Virginia, spoke to the board in support of the ordinance. Mr. Harvey L. Hotinger, 610 Chestnut Mountain Drive, Vinton, Virginia, reported to the Board that he is a member of the Beekeepers Association and that they are not against the ordinance, they just want a fair ordinance. Mr. Hotinger suggested that the Board adopt the same distances that the City of Roanoke has adopted. Mr. Emory Brown, 3617 McDaniel Drive, Salem, Virginia, reported that he is a beekeeper. He reported that he is willing to abide by the ordinance but that the problems that have been caused by his hives have been by people who are ignorant to 'the ways' of bees. Supervisor McGraw reported to Mr. Brown that while he was investigating his hives, that the water source Mr. Brown provides for the bees was almost empty and suggested to Mr. Brown that he provide adequate water. I IN RE: STOP THE CLOCK Supervisor Brittle moved to stop the clock at 10:55 p.m The motion carried by a unanimous voice vote. IN RE: CONTINUATION OF PUBLIC HEARINGS ---I ~ ~ í~~', '~9..oi 'I,. 4¥ (oJ" ~ May l4, 1985 Mr. Cordy Maxie, Route l, Box 198, Salem, Virginia, 24153, reported that he is a beekeeper and disagrees with the opposition to bees. Mr. Jim Browning, 3539 Evelyn Drive, Salem, Virginia, I also reported that he is a beekeeper. He suggested that the County adopt the same site distances as Roanoke City. Ms. Zora Kavanaugh, Route 2, Box 458, Boones Mill, Virginia, reported that she is a beekeeper and requested the Board to allow Dr. Fell to give them more information before adopting an ordinance. Ms. Cindy Craighead, a representative of ITT-EOPD, presented a petition to the Board of Supervisors signed by employees of ITT requesting that something be done about the bee situation. The employees of ITT are having problems with the beE excrement on their vehicles, which ruins the paint. Mr. David Simmons, Route l, Box 123, Salem, Virginia, I reported that the citizens of Roanoke County have had property damage, bee stings, and that the bees are a nuisance. Mr. Simmons recommended that the following distances be set as follows: The property line - maximum 100 ft. - minimum 50 ft. From apiary to occupied dwelling - maximum 200 ft. - minimum 100 ft. From apiary to roadside or highway - maximum 200 ft. - minimum 100 ft. Maximum number of hives be set per lot according t< size. Maximum number of supers be set per lot per according to size. I Then insert alternatives guidelines, Sections 538 through 540. Ms. Dot Eller, 3611 McDaniel Drive, Salem, Virginia, reported that she felt that the bees are a health hazard to many citizens and that the beekeepers should have a self-contained - ~ ~ May 14, 1985 cuo v~ home industry covered by a bubble. She also suggested that the Board vote for a distance of at least 100 feet from the property I line and 400 feet from the road. Mr. winton W. Shelor, Sr., President of the West Texas Hollow Civic League, Route 1, Box 73, Salem, Virginia, reported that his group is concerned because beehives are too close to homes and property and also feel that they are a health hazard. The West Texas Hollow Civic League recommended the following distances: The bees be placed at least 100 feet from the property lines. The bees be placed 200 feet from the road. Mr. william S. Massey, 420 Mountview Drive, Salem, Virginia, 24153, reported that bees should be kept away from neighbors. I Mr. Bill Brown, 225 Union Street, Salem, Virginia, reported that he felt that some of the recommended distances by citizens would not allow many people to keep bees. He also felt that many of the problems were caused by people not knowing about bees. Mr. Emory Brown, Jr., 3617 McDaniel Drive, Salem, Virginia, reported that he works at ITT and is a beekeeper. He felt that the problem with the cars at ITT resulted from some of the chemicals used at that plant since ITT has paid to have several employees' cars painted. Mr. Brown asked that the Board adopt an ordinance similar to the of Roanoke City. Supervisor Nickens moved that Mr. Boitnott be in touch with Virginia Tech to see if the County can secure the services I of an expert, Dr. Fell or someone else, to work with a committee that is appointed by the Chair to develop some kind of ordinance that would eliminate concerns expressed by homeowners and at the same time protect bees and that the committee act in order for the Board to receive a report by them in time to consider this ordinance at the June 4, 1985, Board of Supervisors meeting. ~ ~ ~ 691 May l4, 1985 Supervisor Burton felt that consideration needs to be given to the fact that some citizens have had their rights and their property severely limited and that people cannot be I restricted from using certain products because they attract bee~ . She also requested that the committee be given more direction a d to come up with a proposal that will not restrict citizens from the use of their property. The motion carried by the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None The following persons were appointed to serve on the Bee Committee: Mr. Harvey Hotinger, Mr. James Browning, Mr. David Simmons, Mr. Jim Miller (if out of town, Mr. Winton Shelo to serve in Mr. Miller's place), and Supervisor Nickens. FOWL I ............... Supervisor Nickens expressed a concern about being ab e to control fowl. Supervisor Nickens moved that the ordinance amending Chapter 5 of the Animal and Fowl of the Roanoke County Code dealing with poultry be rejected. Supervisor Burton offered a substitute motion to carr this matter over to another time. The substitute motion carriec by the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None Request of Marguerite F. Link and Marvin E. Link for a Special Exception Permit to place a mobile home on a one acre tract, located on north side of State Route 870 approximately 1200 feet southwest of its intersection with State Route 694 in the Windsor Hills Magisterial District. I DENIED - ~ ~ 692 May 14, 1985 Mr. Terry Link presented pictures of the area in question and was present to answer any questions the Board might I have. Ms. Janette Link was also present and reported that thE land was given to them by Marguerite F.Link and Marvin E. Link. The property in question will be deeded to them at a later date. Ms. Marguerite Link, mother of Mr. Terry Link, was alsc present. She reported that Terry and his wife could not afford a house at present. The trailer will not be visible at the desireë location. The Links plan to build a home at this site at a latel date. Mr. Ed Solek, Route 7, Box 201, Roanoke, Virginia, 24018, was present in opposition. He sympathized with the Links but felt that they should place the mobile home in a mobile home park. I Mar. Harvey L. Poff, Route 3, Box 470, Troutville, Virginia, was also present in opposition. He felt that the placement of the mobile home would devalue his property. Supervisor Burton moved to deny the request. The motion carried by the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None Request of Harvey L. Watkins and Grace B. Robinson for a Special Exception Permit to place a mobile home on a 10 acre tract, located on a private road approximately 400 feet from the southern end of state maintained Route 603 in the Catawba Magisterial District. APPROVED I Mrs. Grace Robinson was present to answer any question~ the Board might have. No one was present in opposition. Supervisor Nickens moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None --I ~ ~- 6~o May 14, 1985 Request of R. M. Robinson for a Special Exception Permit to place a mobile home on a 19 acre tract, located on the west side of Route 617 approximately 100 feet south of its intersection with Route 660 located in the Vinton Magisterial District. I APPROVED Mr. D. Baine Reed was present on behalf of R. M. Robinson to answer any questions the Board might have. There w s no one present in opposition. Supervisor Nickens moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None Petition of James R. and Barbara S. Guthrie requesting rezoning from RE to Ml of a portion of a tract containing 3.28 acres and located on Route II in Glenvar in the Catawba Magisterial District. I APPROVED Mr. James Guthrie was present to answer any questions the Board might have. There was no one present in opposition. Supervisor Brittle moved to approve the final order. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Ma>s as Parcel B and recorded in Deed Book l125-520 and legally described below, be rezoned from RE District to Ml District. Parcel B a 3.28 tract of Lot 1, Block A. Glenvar Heights. Deed Book 1125-520 reference to property. I Property purchased from Elijah D. Rettinger by Barbara S. and James R. Guthrie 1965 ---- BEGINNING at a point within the boundary lines as shown on plat for Fruit of the Bloom Farm Winery dated November 16, 1982, and recorded in the Circuit Court Clerk's Office of Roanoke County in Plat Book 1125, Page 520, which BEGINNING ~ -- ~ 1:-'" '4 (J ~. /.. May 14, 1985 I point is located in the edge of a 6' gravel driveway and 30 feet more or less from the northwest corner of the existing building as shown on said Plat; said point of BEGINNING being located 17 feet more or less from the northerly boundary as shown on said plat and S. 600 14' W. 352 feet more or less from an iron pin, which is the common corner between the properties of James R. Guthrie and Alonza M. Boyd, et ux, and being in the boundary line of the property of Carson Wilson, all as shown on said plat; thence, leaving said BEGINNING and running in a southeasterly direction and 30 feet from and parallel to the existing building a distance 30 feet to a point; thence running at a right angle to the previously described line running in a southwesterly direction 74 feet which point runs thru the existing building to a point; thence running in a northwesterly direction and at right angle to the previously described bearing and distance, a distance of 74 feet, more or less to the point of BEGINNING; and being a rectangle 30 feet by 74 feet and containing 2220 square feet. I BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the Official Zoning Map of Roanoke County. ADOPTED on motion of Supervisor Brittle and upon the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None ABSENT: None PROFFER OF CONDITIONS TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: Being in accord with §15.l-49l.l et seq. of the Code o~ I Virginia and §2l-ll of the Code of Roanoke County, the Petitioner, James R. and Barbara S. Guthrie, hereby voluntarily proffer to the Board of Supervisors of Roanoke County, Virginia, the following conditions to the rezoning of the above-referenced parcel of land. --I ~ ~- ç, Q 5 \\\_J <?J...' ~ May l4, 1985 1). The Petitioners agree that if stated use of the property ever ceases, the property will be returned to the original zoning. Petition of Aubrey A. Lester, Jr. requesting rezoning from A-I to B-2 of a portion of a tract containing 1.40 + .56 acres and located at the corner of Route 460 (Route 11) and State Route 639 in the Catawba Magisterial District. I APPROVED Ms. Aubrey A. Lester was present to answer any questions the Board might have. There was no one present in opposition. Supervisor Nickens moved to approve the rezoning of tþe 1.40 acre tract only. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned I parcel of land, which is contained in the Roanoke County Tax Ma~s and legally described below, be rezoned from A-I District to B-~ District. BEGINNING at a point in the center of state Secondary Route No. 639 on the south right of way line of U. S. Route 11 (80 feet from the center of same); thence with the line of Route 11, N. 240 55' E. 298.9 feet to an iron; thence with a new division line through the Mamie H. Mosher property, S. 650 05' E. 210 feet to a point in the center of Roanoke River; thence up the center of Roanoke River, S. l5° 20' W. 263.l feet to a point in the center of a bridge on State Secondary Route 639; thence with the center of Route 639, N. 730 54' W. 256.5 feet to the place of BEGINNING, and containing 1.40 acres, excluding the area within the State Road (Route 639). BE IT FURTHER ORDERED that a copy of this order be I transmitted to the Secretary of the Planning Commission and tha~ he be directed to reflect that change on the Official Zoning Maþ of Roanoke County. ADOPTED on motion of Supervisor Nickens and upon the following recorded vote: ---- ~ -, May 14, 1985 _....." _., . ..W .'~. n_ _______L~ii.ii .-- -,."--'- -..-. -- AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None I ABSENT: None Petition of K. Bruce Hobart requesting rezoning from B-3 to B-2 of a tract containing .935 acres and located at the intersection of Bernard Drive and Route 410 in the Cave Spring Magisterial District. APPROVED Ms. Maryellen Goodlatte was present on behalf of Mr. K. Bruce Hobart to answer any questions the Board might have. No one was present in opposition. Supervisor Brittle moved to approve the rezoning request. FINAL ORDER NOW, THEREFORE, BE IT ORDAINED that the aforementioned I parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 87.07-3-4 and recorded in Deed Book 1180, page 804 and legally described below, be rezoned from B-3 District to B-2 District. All of Tract 6 being comprised of 0.935 acres as shown on a plat of the Division of Property of Tanglewood Mall, Inc., made by Burford T. Lumsden & Associates, P.C., Certified Land Surveyors, and recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 9, page 180. Being the same property conveyed to Sam T. Beale, Trustee under that certain trust agreement entitled "W. T. Land Trust" from Tanglewood Mall, Inc. by deed dated December 22, 1981, of record in the Roanoke County Circuit Court Clerk's Office in Deed Book 1180, page 804. I BE IT FURTHER ORDAINED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning maps of Roanoke County. Adopted on motion of Supervisor Brittle and upon the following recorded vote: --I ~ "..- 60,17 ê ¡:} May l4, 1985 -....- _. -- - ~._- - - - - -- - - AYES: Supervisors NA YS : None ! I ABSENT: None Brittle, Nickens, Minter, Burton, and McGraw Petition of Jamie D. Cox, James T. Oliver, Jr., and Peggy K. Oliver, and Lewis C. Peters and Evelyn Joyce Peters to rezone with certain conditions from A-I to R-2 parcels of land known as Lots 1, 2, 3, and 4 and Lots 15 through 19, Block 2, Map of Century Estates, located in the Hollins Magisterial District. I APPROVED No one was present representing the Petitioner or the opposition. Supervisor Minter moved to approve the rezoning request. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned tract of land, more particularly described below, be rezoned fr m I Agricultural District A-I to Residential District R-2. BEING lots 1, 2, 3, and 4, and Lots 15 through 19, inclusive, Block 2, according to the plat of Century Estates, which plat is of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 9, Page 282. with the following conditions: 1. Petitioner will build two townhomes per lot as opposed to one duplex building on each lot. 2. The rezoning will be subject to approval of side yard variances by the Board of Zoning Appeals, if necessary. BE IT FURTHER ORDERED that a copy of this order be transmitted to the County Planner and that he be and hereby is the County. I directed to reflect that change on the official zoning maps of ADOPTED on motion of Supervisor Minter and upon the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None - ..... ..-- f- I I I ...- ---, May 14, 1985 ¿J8 . .- ---. ~ -- .. __ __H _~_.__ __.~ ..- - ._.__.~ ~ - _. . . - -- ABSENT: None PROFFER OF CONDITIONS The Petitioner hereby voluntarily proffers to the Boarè of Supervisors of Roanoke County, Virginia, the following conditions to the zoning request hereinabove set forth: 1. petitioner will build two townhomes per lot as opposed to one duplex building on each lot. 2. The rezoning will be subject to approval of side yard variances by the Board of Zoning Appeals, if necessary. Request for a Use Not Provided For permit to operate and provide a campground for Moose members only, on State Route 311 for the Roanoke Moose Lodge Number 284. HELD OVER TO MAY 28, 1985 Mr. Dave Brooks, President of the Roanoke Moose Lodge, was present to answer any questions the Board might have. Supervisor Burton expressed a concern regarding land use compatibility. The Board was also concerned about approval of sewer facilities. They were also concerned that other camper~ would use the campground and if the Moose members ever left that area, what the zoning would be. Supervisor Minter moved to approve the request with thE condition that the campground be used for Moose members only. The motion failed by the following recorded vote: AYES: None NAYS: Supervisors Brittle, Nickens, Minter, Burton, and McGraw Supervisor Brittle offered a substitute motion to refel this matter to staff for clarification of issues to be reported to the Board on May 28, 1985. The motion carried by the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None Public Hearing on sale of Well Lot No. 26.20-4-57 (Brooklawn Well Lot) ----- ~ ;' c} 9 May 14, 1985 ------ -..--..-------------.------..-- Paul Mahoney, County Attorney, reported that an offer was received by the County by Mr. Anthony E. Brown in the amount of $1,000.00. Supervisor Nickens moved to sell the Brooklawn Well Let I property to Mr. Brown for $1,000.00. The motion carried by the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None Public Hearing on sale of 0.626 acre tract situated at the north terminus of Virginia Secondary Route 680 in the Catawba Magisterial District. Paul Mahoney, County Attorney, reported to the Board that an offer has been made by Ross J. and Nell M. Martin in the amount of $300.00. Supervisor Nickens felt that since the Martins have been paying real estates taxes on this property for over 20 I years, the property should be sold to the Martins for $1.00. Supervisor Nickens moved to take whatever legal actior is necessary to convey to the Martins the 0.626 acre tract for the sum of $1.00. The motion carried by the following recordec vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None petition of the Roanoke County Board of Supervisors to receive public comments on the Roanoke County Zoning Ordinance. APPROVED The Board of Supervisors received a copy of the Supervisor Nickens moved to approve the zoning I proposed ordinance earlier this week to allow time for review. ordinance with the understanding that it may be revised after th~ adoption of the Comprehensive Plan. ORDINANCE 85-101 REPEALING THE EXISTING ORDINANCES AND PROVISIONS RELATING TO CHAPTER 21, ZONING, OF THE ROANOKE COUNTY CODE AND ADOPTING A NEW ORDINANCE - -- - I I I ',.'/ 0 tUI t ·V !~: l May l4, 1985 .._~ - - - - - -- __c.:.... .-- - WHEREAS, the Roanoke County Planning Commission directed the planning staff to compile all County zoning rules and regulations into a single document; and WHEREAS, these modifications are intended to be applicable only for an interim basis until a new zoning ordinance can be adopted; and WHEREAS, this interim zoning ordinance is intended to regulate land uses in Roanoke County until a new ordinance in conformity with the new comprehensive plan can be adopted; and WHEREAS, several public hearings have been held upon the modifications and revisions of this ordinance; and public comment has been solicited and received. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the existing ordinances and provisions relating to Chapter 21 of the Roanoke County Code are hereby repealed and declared null and void and of no effect. 2. That a new Chapter 21 entitled "Roanoke County Zoning Ordinance" in all its terms and conditions as hereby revised and amended is hereby adopted and incorporated herein by reference. 3. That the provisions of this ordinance shall be included and incorporated in the Code of ordinances of Roanoke County, Virginia, and shall be in full force and effect from the date of its adoption. On motion of Supervisor Nickens with the understanding that the zoning ordinance can be revised after the adoption of the Comprehensive Plan, and the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None Request of the Roanoke County Board of Supervisors to receive public comments on the 1985 Farmers Home Administration loan/grant application for sewer and water improvements in 1---1 ~ 701 May 14, 1985 ----~---,-- ---------- ----- the Hollins Community Development area. Request of the Roanoke County Board of Supervisors to receive public comment on the 1985 Community Development Block Grant application to fund parks and road improvements and housing rehabilitation within the Hollins Community Development area. I Mr. Bill Richardson, Project Coordinator of the Hollirß Community Development projects, backgrounded the Board on the project. Mr. Thomas Knowles was present in support for the Hollins Community. He reported that the water and sewer facilities are very unsanitary. He also reported that 35 citizens had appeared in support but due to the late hour, had tp leave. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Supervisor Brittle - No report. 2. Supervisor Nickens - No report. 3. Supervisor Minter - Presented a request and a I resolution for reader printer terminals in the Office of the Clerk of Circuit Court. Supervisor Minter moved to approve the prepared resolution. RESOLUTION 85-7l AWARDING A PURCHASE CONTRACT FOR THREE EASTMAN KODACK IMT 150 READER/PRINTER TERMINALS AND ACCESSORIES FOR USE IN THE OFFICER OF THE CLERK OF THE CIRCUIT COURT BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain offer of Eastman Kodack Company I in the amount of $38,172.90 for the purchase of three (3) Eastma~ Kodack IMT 150 reader/printer terminals and accessories, upon al terms and conditions and specifications of the County of Roanoke the vendor's proposal, and the provisions of this resolution; anI May 14, 1985 ~41 l) 2 ~. -- -- - 2. That this contract is a sole source purchase in order to maintain compatible equipment used to research deeds at I the Clerk of Circuit Court's office; and 3. That the County Administrator is hereby authorized and directed to execute the necessary documents on behalf of Roanoke County, all to be upon form approved by the County Attorney. On motion of Supervisor Minter and the following recorded vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw NAYS: None Supervisor Burton - Supervisor Burton reported that Mrs. Stokes is unhappy with the general layout of her office. She reported that she would like to refer this matter back to the interior designers at VVKR since the interior design is not working. I Supervisor Nickens reported that he has already spoken with Mrs. Stokes and suggested that she try working with the layout for a couple of months and then the staff will evaluate the situation again. Supervisor Minter requested that Mrs. Stokes place her requests in writing. IN RE: ADJOURNMENT Supervisor Nickens moved to adjourn this meeting to Tuesday, May 21, 1985, at 2:00 p.m. The motion carried by the following roll call vote: AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw I NAYS: None _~ C(/'rUf'~ Chairman --I ~