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HomeMy WebLinkAbout2/28/2006 - Regular February 28, 2006 89 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 February 28,2006 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of February, 2006. IN RE: CALL TO ORDER Chairman Wray called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael A. Wray, Vice-Chairman Joseph P. McNamara, Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Richard C. Flora 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 Chairman Wray expressed appreciation to members of the Board of Supervisors, County staff, and the citizens for their support following the recent passing of his mother. The invocation was given by Dr. George Anderson, Second Presbyterian Church. The Pledge of Allegiance was recited by all present. 90 February 28, 2006 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney added the following closed meetings pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion or consideration of the appointment of specific public officers, namely appointment to the Roanoke Regional Airport Commission; and Section 2.2-3711 A (7) consultation with legal counsel pertaining to probable litigation, namely potential condemnation involving Broyles Lane Road project. IN RE: NEW BUSINESS .L Reauest to appropriate funds in the amount of J7.000 for the County-wide Volunteer Appreciation "Sprina Flina". (Elmer C. Hodae. County Administrator) A-022806-1 Mr. Hodge reported that this is a request to appropriate funding for a volunteer appreciation event which will give the Board an opportunity to express appreciation to the many volunteers throughout Roanoke County. He stated that the event is for approximately 700 volunteers serving departments throughout the County who dedicate many hours of their time on behalf of service to our citizens. The event will be held on Saturday, March 25 from 11 :00 a.m. until 3:00 p.m. at the Brambleton Center. Mr. Hodge recognized Jennifer Conley-Sexton, who was present at the meeting, for her work with the volunteers. He also recognized Janet Duran, Volunteer February 28, 2006 91 Rescue, who assisted in coordinating the event. Mr. Hodge stated that staff is requesting an appropriation in the amount of $7,000 for the cost of the event. Supervisor Church expressed appreciation to Ms. Conley-Sexton. Ms. Conley-Sexton reported that all volunteers have received an invitation to the event, and that each individual in attendance will receive a watch courtesy of the County. Supervisor Wray stated that this is a small price to pay for the many hours of volunteer service that are provided. Supervisor Church moved to approve the staff recommendation (appropriate $7,000 from the Board Contingency account to fund the Volunteer Appreciation "Spring Fling"). The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 2. Reauest to appropriate additional fundina of J40.244.50 for the construction of ª new school warehouse. (Diane D. Hyatt. Chief Financial Officer) A-022806-2 Ms. Hyatt advised that in July 2004, the School Board transferred title to ten (10) acres of land on the site of the School Administration Center for the purpose of constructing the new Public Safety Building. In exchange for this transfer, the County agreed to replace the school warehouse that was located on that site. The original project budget for the Public Safety Building included $500,000 for the construction of 92 February 28, 2006 this warehouse. In July 2005 after the construction bids were opened, the schools presented the total project budget at $734,000 and asked the County to appropriate half of the amount in excess of $500,000. The School Board donated the other half of the excess amount. At that time, the County allocated an additional $117,000 to the project. Now that the project is nearing completion, the schools are presenting a revised total budget for the project of $814,489. They would like the County to appropriate half of the additional $80,489 needed to complete the project. Ms. Hyatt reported that the School Board appropriated their one-half share of the costs totaling $40,244.50 to the project at their meeting on February 22, 2006. Ms. Hyatt advised that staff recommends approving the amended school warehouse budget at $814,489, and appropriating an additional $40,244.50 from the Minor County Capital Fund. Supervisor Altizer questioned what resulted in the increased amount of the budget for the warehouse. Supervisor Flora, in his capacity as Director of Operations for the schools, advised that in January 2005, the estimated cost of the project was $800,000. He indicated that the necessary stormwater management and sewer solutions were substantially more expensive than originally estimated, and these forced the project over budget. He indicated that the stormwater management estimate was approximately $60,000 to $70,000, which was more than double the original estimate. February 28, 2006 93 In response to an inquiry from Supervisor Wray, Ms. Hyatt confirmed that the funds will be coming from the Minor County Capital Fund and will complete the project. Supervisor Wray moved to approve the staff recommendation (approve the amended school warehouse budget at $814,489, and appropriate an additional $40,244.50 from the Minor County Capital Fund). The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray None REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Altizer moved to approve the first reading and set the second readings and public hearings for March 28, 2006. The motion carried by the following recorded vote: NAYS: N RE: AYES: NAYS: Supervisors McNamara, Church, Altizer, Flora, Wray None 1:. First readino of an ordinance to rezone .369 acres from R-1. Low Densitv Residential District. to C-1. Office District. for the operation of ª beauty salon located at 3722 Colonial Avenue. Cave Sprina Maoisterial District. upon the petition of Judv Tavlor Waaner. 94 February 28, 2006 IN RE: 2. First readino of .!!! ordinance to obtain ª special y!! permit on 15.63 acres for the operation of ª drive-thru coffee shop located at Route 419 near its intersection with Keaay Road. Windsor Hills Maoisterial District. upon the petition of WG Indian Trail. LLC. Warehouses. Inc. 3. First readino of an ordinance to rezone 94.229 acres from AG-3. Aaricultural Preserve District. to PRD. Planned Residential District. with ª maximum density of 0.33 houses per acre located at 3672 and 3804 Sterlina Road. Vinton Maaisterial District. upon the petition of Loblolly Mill. LLC. FIRST READINGS OF ORDINANCES .1:. First readino of an ordinance authorizino conveyance of .!!! easement to Appalachian Power Company for electric service across property owned ~ the Board of Supervisors at the Roanoke County Public Safety Buildina. (Dan O'Donnell. Assistant County Administrator) Mr. O'Donnell stated that this is the first reading of an ordinance to allow Appalachian Power Company to install an underground power line to serve the new Public Safety Building. He advised that a map is attached to the board report showing the location of the power line. He stated that the power line will cross over the road to a pole and then go underground to the building. February 28, 2006 95 In response to an inquiry from Supervisor Church, Mr. O'Donnell advised that no major changes have occurred. Supervisor Church moved to approve the first reading and set the second reading for March 14, 2006. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: APPOINTMENTS .1:. Leaaue of Older Americans Advisory Council The Clerk was directed to contact Ms. Eyerly to determine if she is willing to serve an additional term. 2. Lenath of Service Awards ProQram (LOSAP) for Fire and Rescue Chairman Wray advised that the LOSAP program will be discussed in a work session later today. 3. Roanoke Regional Airport Commission Chairman Wray advised that this appointment will be discussed in closed session later today. 4. Virainia Western Community Colleae Board Supervisor Wray nominated Dr. Lorraine Lange to fill the unexpired portion of the four-year term of Will Davis, who has resigned. This term will expire on June 30, 2007. There was a consensus of the Board to add confirmation of this appointment to 96 February 28, 2006 the consent agenda. Dr. Lange was present at the meeting and was recognized by the Board. IN RE: CONSENT AGENDA R-022806-3 Supervisor Church moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 022806-3 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 February 28, 2006, 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 3, inclusive, as follows: 1. Approval of minutes - February 14, 2006 2. Request to appropriate technology trust funds in the amount of $60,927 from the state to the Clerk of the Circuit Court for fiscal year 2005-2006 3. Confirmation of appointment to the Virginia Western Community College 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. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None February 28, 2006 97 IN RE: REPORTS Supervisor Altizer moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None .L General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaency 4. Future Capital Proiects 5. Accounts Paid = January 2006 6. Statement of expenditures and estimated and actual revenues for the month ended January 31. 2006 7. Public Safety Center Building Proiect Budget Report 8. Public Safety Center Building Proiect Chanae Order Report CLOSED MEETING IN RE: At 3:26 p.m., Supervisor Wray moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion or consideration of the appointment of specific public officers, namely appointment to the Roanoke Regional Airport Commission; and Section 2.2-3711 A (7) consultation with legal counsel pertaining to probable litigation, namely potential condemnation involving Broyles Lane Road project. The motion carried by the following recorded vote: 98 February 28, 2006 AYES: NAYS: IN RE: Supervisors McNamara, Church, Altizer, Flora, Wray None WORK SESSION .L Work session to discuss the Lenath of Service Awards Proaram (LOSAP). (John M. Chambliss. Assistant County Administrator: and Leon Martin. Chair of the LOSAP Board of Trustees) The work session was held from 3:42 p.m. until 4:33 p.m. and was presented by John M. Chambliss, Assistant County Administrator. The following individuals from the LOSAP Board were present at the meeting: Leon Martin, Chair; Colin Gee, Fire Chiefs Member Representative; Mike Gee, Vice-Chair and Volunteer Fire Representative; Brian Garber, Volunteer Member-at-Large; Sonya Stump, Rescue Chiefs Representative; Jennifer Conley-Sexton, Fire and Rescue Advisory Member; and Robert Jernigan, Roanoke County representative. Also present were Jeannie Rich, Consulting Attorney; and Dan Homan, Wachovia. Mr. Chambliss reported that the LOSAP was established in 1989 as a retirement program for fire and rescue and police auxiliary volunteer members. When it was initially established, the County appropriated $200,000 per year to fund the program which was managed by an insurance company. The intent was to provide retention rewards for volunteers and it allowed up to ten years of accumulated prior service when the program was implemented. To obtain one year of service credit, volunteers must accumulate points for training, attendance, running of calls, leadership February 28, 2006 99 opportunities, etc. He also provided additional information regarding insurance and retirement benefits offered by the program. Mr. Chambliss stated that there were initially 234 members in the LOSAP and one problem with the program was that the 10 years of prior service cred it created a $1.9 million unfunded liability. Also in the early years, billings that came forward were primarily the cost of the new benefit and insurance premiums; it did not "buy down" the unfunded liability. Initially, approximately $130,000 of the $200,000 annual appropriation was not spent and these funds reverted back into the County's General Fund. In more recent years as record keeping improved, billings have exceeded the $200,000 annual contribution. As a result, the unfunded liability is currently $2.9 million; the actual value of the program is $4,679,000; and assets total $1.7 million. The new GASB accounting pronouncements require the County to report this unfunded liability. Mr. Chambliss advised that to keep the program ongoing would require an annual contribution of $408,000 to $480,000 per year, which is $280,000 more than the current $200,000 annual appropriation. The range of proposed additional costs is due to the differences in two different actuarial studies. He noted that while this program has helped with retention of volunteers, it has not proven effective in the recruitment of new, younger members. There was a consensus of the Board to cap the current program at $248,465 at December 31, 2005, and determine during the budget process how to fund the program in future years. 100 February 28, 2006 2. Work session to provide an update .Q!l the status of the Center for Research and Technoloay. (Doua Chittum. Director of Economic Development: Arnold Covey. Director of Community Development) The work session was held from 4:37 p.m. until 4:55 p.m. Mr. Chittum stated that Novozymes Biologicals constructed a 25,000 square foot facility in the Center for Research and Technology (CRT) and due to the fact that their employment has exceeded expectations, they have since added an 8,000 square foot expansion. He reported that Tecton is currently constructing a 75,000 square foot facility and within three to four years, an additional 75,000 square foot expansion will likely occur. He displayed photos of the CRT and identified the area where a regional detention basin has been constructed to catch water runoff. He advised that the detention basin is working well. Mr. Chittum further reported that the County hopes to gain an additional 100 to 150 developable acres at the CRT. He noted that the County has purchased additional acreage adjacent to the park which will allow future access to Prunty Drive. Mr. Chittum stated that the Master Plan states that at such time as roads are developed, tenants occupy the park, and engineering is partially complete, the County shall review and update the Master Plan to ensure it is relevant to the future. He stated that we are at this point now, and he indicated that the County needs to determine how to divide the remainder of the park. He stated that there is a bill pending in the General Assembly February 28, 2006 101 that would allow companies WET Lab space, and Delegate Morgan Griffith is attempting to attract companies to this area for such a purpose. He indicated that if successful, there will be one facility located somewhere in the Roanoke Valley that will provide WET Lab space for companies in the field of bioscience to conduct testing. Mr. Chittum stated that if this legislation passes, CRT would be competitive in trying to attract such a business. Mr. Chittum advised that in the next month, staff will be submitting a request for proposals (RFP) for a land planning and engineering firm to update the CRT Master Plan. Staff has been meeting with the design review team and they are aware of the upcoming review. He stated that once the consultant is selected, staff will work with the consulting firm, the design review team, the Roanoke County Planning Commission, staff, and the citizens in the area. He stated that input will be sought from the citizens and community meetings will be held. 3. Work session to discuss fiscal year 2006-2007 budaet development. (Elmer Hodge. County Administrator: Brent Robertson. Director of Manaaement and Budaet) The work session was held from 4:56 p.m. until 5:53 p.m. Mr. Robertson reported that sales tax for the Christmas season increased 14% over the previous year; however, the fee for transport will have a deficit, due in part to a decline in the number of calls. One area of concern is personal property revenues, and he advised that preliminary reports indicate an approximately 2% decrease in used 102 February 28, 2006 car values. This decrease equates to approximately $740,000. Mr. Robertson advised that this is the second year of using the NADA automated system and he noted that the County had projected a 3% growth rate. He advised that the County will need to evaluate how aggressive we want to be with our estimates in the next year. There was general discussion regarding revenues from the cable franchise fee and the potential impact of the Verizon bill on these revenues. Supervisor Altizer recommended the following changes to the limits on tax relief for the elderly and disabled: (1) raise the income limit from $50,000 to $56,500; and (2) increase the net worth from $110,000 to $125,000. He stated that such a change should be considered prior to making any decisions with respect to a tax rate reduction. Staff was directed to prepare an estimate of the impact of this proposed change and provide this information to the Board. Ms. Hyatt advised that the House and Senate have submitted their budget amendments and the House is recommending a 3% raise for teachers with an effective date of January 1, 2007. They are also proposing a decrease in the funding formula due to a removal of the cap on the amount of federal funds deducted. This will cost the County more money because we will receive the reimbursement from the state at a later date. The House is also increasing the retiree health insurance credit for teachers from the current amount of $2.50 per month to $4.00 per month for each year of service; they are also removing the cap currently on this benefit and the local school districts will absorb most of this cost. Ms. Hyatt advised that the Senate is recommending a 4% February 28, 2006 103 salary increase for teachers effective December 1, 2006, and is recommending increasing the Virginia Retirement System (VRS) rate to 15.14%. She advised that the School Board will hold their budget meeting on Thursday, March 2, and there is a joint meeting between the Board of Supervisors and School Board on Wednesday, March 8. She further reported that the House and Senate have both included a 4% salary increase for all state-supported local employees effective December 1, 2006, which includes the County's Compensation Board funded employees. Ms. Hyatt advised that the House wants to increase the cap on the Personal Property Tax Relief Act (PPTRA) from $950 million to $1 billion. Staff is also monitoring Senate Bill 393 which has VRS implications. It has been passed by the Senate and is now in the House Appropriations Committee. It will place all deputy sheriffs on the LEOS program allowing them to retire with 25 years of service. This is currently a local option and the change that will impact the County is that the multiplier will be increased from 1.7 times the annual salary multiplied by the number of years of service to 2.2 times. The County currently has 344 LEOS funded employees versus 499 which are on VRS. This is a significant population and could cost approximately $500,000 per year. This will be a local option if approved. Mr. Hodge advised that staff has been examining a change in the leave program for employees. The proposed changes have been shared with the Employee Advisory Committee (EAC) and they have expressed interest in the program. He stated that staff would like to continue to work through this program with the employees and 104 February 28, 2006 bring it back to the Board for approval. He stated that the proposed changes would reduce the employees' amount of sick leave and use this savings to fund a disability plan. He noted that the amount of savings is minimal. There was a consensus of the Board to schedule a work session on March 14 to further discuss this matter. Chief Lavinder and Ramona Kern, Crime Analyst, provided a presentation regarding the Police Department. Chief Lavinder advised that there has been a 98% increase in the calls for service between 1991 and 2004, as compared with an increase in the population of 11.68% during the same time period. He noted that the wireless E- 911 calls became the responsibility of the County in 2002, and there was a significant increase in calls at that time. He provided an overview of Group A offenses, which are the most serious types of crimes, and noted that there were 1,344 arrests for Group A offenses in 2004 in Roanoke County. He further provided an overview of the number of sex offenses and drug violations, and noted that drug violations are increasing and there is inadequate staff to address these concerns. In response to an inquiry from Supervisor Altizer, Chief Lavinder advised that the average response time to emergency situations is slightly lower than in the previous year. Chief Lavinder stated that Roanoke County has 1.5 officers per 1,000 population, compared with 2.6 each for the Town of Vinton and City of Salem, and 2.7 in Roanoke City. He advised that the average response time throughout the County for life-threatening calls is 7: 16; for other calls it is 16: 1 O. He displayed a map showing the average response times in different areas of the County. He stated that areas of February 28, 2006 105 "creeping crime" are the Williamson Road corridor, Route 419, the area west of Route 24 in Vinton, and the 1-81 corridor. He advised that the County needs to expand out from some of the higher crime areas to some of the more rural areas. Chief Lavinder requested that the Board authorize three additional patrol districts and 18 additional officers. Mr. Hodge indicated that the personnel costs would be approximately $1.5 million and the cost for vehicles would be approximately $250,000 - $400,000, resulting in a total increase of approximately $2 million. Mr. Hodge and Chief Lavinder reviewed the County's recruitment and training process for police officers and reported that it takes approximately 12-15 months to recruit and train officers. IN RE: CLOSED MEETING The closed meeting was held from 6:05 p.m. until 6:26 p.m. IN RE: CERTIFICATION RESOLUTION R-022806-4 At 7:01 p.m., Supervisor Wray moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 022806-4 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and 106 February 28, 2006 WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .L Proclamation declarina the month of February 2006 as School Board ADPreciation Month in the County of Roanoke Chairman Wray presented the proclamation to Mike Stovall, School Board Chair, and Dr. Lorraine Lange, Deputy Superintendent. IN RE: NEW BUSINESS .L Reauest to receive and appropriate ª reimbursement from Roanoke Gas Company in the amount of J67.416.99 for ª aas line extension in the Center for Research and Technoloay. (Doua Chittum. Director of Economic Development: John Williamson. Chairman. President and CEO. RGC Resources) A-022806-5 February 28, 2006 107 Mr. Hodge expressed appreciation to John Williamson for his efforts in assisting Roanoke County and the entire Roanoke region. He noted that with this reimbursement, Mr. Williamson has once again demonstrated cooperation with the County on an economic development project. Ms. Loope advised that Roanoke County entered into an agreement with Roanoke Gas Company in January 2002 to construct a natural gas line into the Center for Research and Technology (CRT). The extension consisted of approximately 15,624 feet of line from Route 460 to the CRT at a cost to the County of $152,000. According to the agreement, the County will receive reimbursements over a six year period as new companies locate within the CRT and connect to the gas line. She indicated that due to the support of Roanoke Gas Company, the County has been successful in recruiting two new businesses to the CRT. Based upon the location of Novozymes Biologicals and Tecton Products within the CRT, the County has earned a credit of $67,416.99 towards our initial investment in the extension. Mr. Williamson presented a check in the amount of $67,416.99 for the purposes outlined by Ms. Loope. Chairman Wray expressed appreciation to Mr. Williamson for his partnership and involvement in numerous Roanoke Valley community activities. Supervisor Wray moved to approve the staff recommendation (receive the reimbursement of $67,416.99 and appropriate the funds to the CRT capital account for construction). The motion carried by the following recorded vote: 108 February 28, 2006 AYES: NAYS: IN RE: Supervisors McNamara, Church, Altizer, Flora, Wray None PUBLIC HEARINGS AND SECOND READING OF ORDINANCES .L Continued until March 28. 2006 ~ the Plannina Commission. Second readina of an ordinance to rezone 8.92 acres from C-2S. General Commercial District with special use permit. to R-3. Medium Density Multi-Family Residential District. for the construction of ª townhouse development located at 7656 Williamson Road. Hollins Magisterial District. upon the petition of Eric Eanes and Todd Conner. (Janet Scheid. Chief Planner) Chairman Wray advised that this item has been continued until March 28, 2006, at the request of the Planning Commission. 2. Continued until April 25. 2006 at the reauest of the petitioner. Second readina of an ordinance to rezone 1.3014 acres from C-1. Office District. and .0786 acres from C2C. General 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 Challenger Avenue. Hollins Maaisterial District. upon the petition of Grant Avenue Development. Inc. (Janet Scheid. Chief Planner) February 28, 2006 109 Chairman Wray advised that this item has been continued until April 25, 2006, at the request of the petitioner. 3. Second readino of an ordinance to vacate. auit-claim and release ª variable width drainaae easement dedicated ~ the subdivision plat of Devoncroft subdivision. Lot .L. Section .L. formerly dedicated ~ Boone. Boone and Loeb. Inc.. and to accept dedication of ª ~ variable width drainaae easement. said easement crossing Lot .L. Section .L. currently owned ~ Boone Homes. Inc.. Windsor Hills Magisterial District. (Arnold Covey. Director of Community Development) 0-022806-6 Mr. Covey reported that this is the second reading of the ordinance and he noted that the first reading was held on February 14. He advised that no changes have occurred since the first reading, and staff recommends adoption of the ordinance. There were no citizens present to speak and there was no discussion on th is item. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 110 February 28, 2006 ORDINANCE 022806-6 TO VACATE, QUIT-CLAIM AND RELEASE A VARIABLE WIDTH DRAINAGE EASEMENT DEDICATED BY THE SUBDIVISION PLAT OF DEVONCROFT SUBDIVISION, LOT 1, SECTION 1, RECORDED IN PLAT BOOK 27, PAGE 64, FORMERLY DEDICATED BY BOONE, BOONE AND LOEB INC., AND TO ACCEPT DEDICATION OF A NEW VARIABLE WIDTH DRAINAGE EASEMENT, SAID EASEMENT CROSSING LOT 1, SECTION 1 , CURRENTLY OWNED BY BOONE HOMES, INC., LOCATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, by an approved subdivision plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 27, page 64, Boone, Boone and Loeb, as owner of the property designated on the Roanoke County Land Records as Tax Map No. 86.01-13-01, conveyed to the Board of Supervisors of Roanoke County, Virginia, a variable width drainage easement as depicted on 'PLAT SHOWING EXISTING VARIABLE WIDTH DRAINGAGE EASEMENT TO BE VACATED ACROSS LOT 1, SECTION 1, DEVONCROFT (P.B. 27 PG. 64) SITUATED ALONG BELCROFT COURT, WINDSOR HILLS MAGISTERIAL DISTRICT, RONAOKE COUNTY, VIRGINIA", prepared by Lumsden Associates, dated January 17, 2006. WHEREAS, Boone Homes, Inc., is the current owner of Lot 1, Section 1, Devoncroft, and the subject property is located at the intersection of Longview Road and Belcroft Court, public rights-of-way in the Windsor Hills Magisterial District and is now designated upon the Roanoke County Land Records as Tax Map No. 86.01-13-01; and, WHEREAS, the Petitioner, Boone Homes, Inc., as the current owner of this property, has requested that the Board of Supervisors vacate, quit-claim and release the above-described existing variable width drainage easement and accept the dedication of a new variable width drainage easement (as shown on Exhibits A and B attached hereto); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, NOW, 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 February 14, 2006, and a second reading and public hearing were held on February 28,2006. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (portion of public utility easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses. February 28, 2006 111 3. That, subject to the following conditions, the vacation, quit-claim and release of an existing variable width drainage easement across property of Boone Homes, Inc. on Lot 1, Section 1, Devoncroft subdivison, located at the intersection of Longview Road and Belcroft Court in the Windsor Hills Magisterial District of the County of Roanoke, designated as "EX. VARIABLE WIDTH DRAINAGE EASEMENT P.B. 27, PG.64" on Exhibit A attached hereto, is hereby authorized and approved. 4. That, subject to the following conditions, the acceptance of a new variable width drainage easement across property of Boone Homes, Inc. on Lot 1, Section 1, Devoncroft subdivison, located at the intersection of Longview Road and Belcroft Court in the Windsor Hills Magisterial District of the County of Roanoke, designated as "NEW VARIABLE WIDTH DRAINAGE EASEMENT" on Exhibit B attached hereto, is hereby authorized and approved. 5. That Petitioner, Boone Homes, Inc. shall be responsible for all costs and expenses associated herewith, including but not limited to, all costs associated with the establishment of an alternative drainage system, surveys, publication, and recordation of documents; and, 6. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation, quit-claim, and release, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272(2) of the Code of Virginia, 1950, as amended. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None 4. Second readino of an ordinance to vacate. auit-claim and release ª public utility easement currentlv located on parts of Lot 76 and Lot 77. The Villaae at Tinker Creek. Section .L. and to accept dedication of ª ~ public utility easement between Lot 76 and Lot 77. The Villaae at Tinker Creek. Section .L. all located Q!! 112 February 28, 2006 property owned ~ CBI Developers. LLC. Hollins Magisterial District. (Arnold Covey. Director of Community Development) 0-022806-7 Mr. Covey stated that this is the second reading of the ordinance and he indicated that the first reading was held on February 14. He advised that there have been no changes since the first reading, and staff recommends adoption of the ordinance. There were no citizens present to speak and there was no discussion on this item. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None ORDINANCE 022806-7 TO VACATE, QUIT-CLAIM AND RELEASE A PUBLIC UTILITY EASEMENT CURRENTLY LOCATED ON PARTS OF LOT 76 AND 77 OF THE VILLAGE AT TINKER CREEK, SECTION 1, PLAT BOOK 26, PAGE 11, AND TO ACCEPT DEDICATION OF A NEW PUBLIC UTILITY EASEMENT BETWEEN LOT 76 AND 77, SECTION 1, OF THE VILLAGE AT TINKER CREEK, ALL LOCATED ON PROPERTY OWNED BY CBI DEVELOPERS, LLC AND LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by an approved subdivision plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 26, page 11, CBI Developers, LLC, as owner of the property designated on the Roanoke County Land Records as Tax Map No. 27.20-3 conveyed to the Board of Supervisors of Roanoke County, Virginia, a 15' public utility easement as depicted on 'VACATION AND DEDICATION PLAT FOR THE VILLAGE AT TINKER CREEK P.B. 28, PG 15 SHOWING VACATION OF EXISTING 15' PUBLIC UTILITY EASEMENT (P.B. 28, PG. 11) AND CREATING A NEW 15' PUBLIC UTILITY EASEMENT SITUATE ON PLANTION ROAD BEING February 28, 2006 113 PROPERTY OF CBI DEVELOPERS, LLC." prepared by Mattern & Craig, Inc., dated January 3, 2006. WHEREAS, CBI Developers, LLC, is the current owner of both Lots 76 and 77, The Village of Tinker Creek, and the subject properties are located on Greenville Place, a private right of way and off of Flora Farm Drive, a public right-of-way in the Hollins Magisterial District and is now designated upon the Roanoke County Land Records as Tax Map Nos. 27.20-3-76 and 27.20-3-77; and, WHEREAS, the Petitioner, CBI Developers, LLC, is the current owner of these properties and has requested that the Board of Supervisors vacate, quit-claim and release the above-described existing 15' public utility easement (PUE) and accept the dedication of a new 15' public utility easement (PUE) (as shown on Exhibit A attached hereto); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, NOW, 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 February 14, 2006, and a second reading and public hearing were held on February 28,2006. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (portion of public utility easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses. 3. That, subject to the following conditions, the vacation, quit-claim and release of an existing 15' public utility easement across property of CBI Developers, LLC, parts of Lot 76 and Lot 77, The Village of Tinker Creek, located on Greenville Place, a 32' private right-of-way in the Hollins Magisterial District of the County of Roanoke, cross-hatched and designated as "15' WIDE PUBLIC UTILITY EASEMENT P .B. 26, PG.11 TO BE VACATED" on Exhibit A attached hereto, recorded in the aforesaid Clerk's Office in Plat Book 26, page 11, is hereby authorized and approved. 4. That, subject to the following conditions, the acceptance of a new 15' public utility easement between Lots 76 and 77, The Village at Tinker Creek, property of CBI Developers, LLC, located on Greenville Place, a 32' private right-of-way in the Hollins Magisterial District of the County of Roanoke, cross-hatched and designated as "NEW 15' WIDE PUBLIC UTILITY EASEMENT" on Exhibit A attached hereto, recorded in the aforesaid Clerk's Office in Plat Book 26, page 11, is hereby authorized and approved. 5. That Petitioner, F&W Community Development Corporation, shall be responsible for all costs and expenses associated herewith, including but not limited to, all costs associated with the establishment of an alternative drainage system, surveys, publication, and recordation of documents; and, 114 February 28, 2006 6. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation, quit-claim, and release, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272(2) of the Code of Virginia, 1950, as amended. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None 5. Second readina of an ordinance to rezone 1.14 acres from C-2C. General Commercial District with conditions. to C-2. General Commercial District. for the operation of ª medical office located at 5296 Peters Creek Road. Catawba Magisterial District. upon the petition of Vistar Eye Center. (Janet Scheid. Chief Planner) 0-022806-8 Ms. Scheid reported that Vistar Eye Center has petitioned to rezone a parcel from C-2C, General Commercial District with conditions, to C-2, General Commercial District, in order to construct an eye examination center. The rezoning request consists of a single 1.14-acre parcel, and Ms. Scheid indicated that the current conditions that apply to the site address building location, landscaping, access, and lighting. The petitioner wishes to eliminate the proffers from a previous owner and will adhere instead to the current C-2 General Commercial zoning requirements. The property is adjacent to two parcels zoned C-2, General Commercial, and three zoned R- 2, Residential. She advised that the property is designated as transition according to February 28, 2006 115 the 2005 Community Plan. The transition future land use is a use that encourages the orderly development of highway frontage parcels. Ms. Scheid stated that a Vistar Eye Center medical office is a use that is compatible with the transition designation from the 2005 Community Plan. Vistar Properties, LLC proposes to construct a two-story branch of Vistar Eye Center with a proposed 20 foot landscaping buffer in front of the building and a 30 foot landscaping buffer behind the building. The proposed building is 7,000 square feet and is situated in the rear western corner of the property, with parking and traffic flow located on the front and right sides of the building. She advised that the proposed entrance to the property is from the southbound lane of Peters Creek Road, and this section of Peters Creek Road is maintained by the City of Roanoke. Ms. Scheid reported that the Planning Commission heard this petition and has made a favorable recommendation to the Board of Supervisors with a vote of 5-0. Supervisor Wray questioned if there will be any underground parking. Ms. Scheid advised that there is no underground parking. Supervisor Wray requested information regarding signage. Ms. Scheid advised that signage would comply with the current zoning ordinance, and that Vistar is not making any proffers with respect to signage or a concept plan. Supervisor Wray requested that Ms. Scheid explain the lighting on the site. Ms. Scheid stated that lighting will be in conformance with the Roanoke County zoning ordinance, and that all exterior lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. The 116 February 28, 2006 intensity at adjoining streets or residential properties shall not exceed 0.5 foot candles. In addition, all exterior lighting fixtures within residential zoning districts shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. There were no citizens present to speak on this item. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None ORDINANCE 022806-8 TO REZONE 1.14 ACRES FROM C-2C, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS, TO C-2, GENERAL COMMERCIAL DISTRICT, FOR THE OPERATION OF A MEDICAL OFFICE LOCATED AT 5296 PETERS CREEK ROAD (TAX MAP NO. 37.08-1-1), CATAWBA MAGISTERIAL DISTRICT UPON THE APPLICATION OF VISTAR EYE CENTER WHEREAS, the first reading of this ordinance was held on December 20, 2005, and the second reading and public hearing were held February 28,2006; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 7, 2006; 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 1.14 acres, as described herein, and located at 5296 Peters Creek Road (Tax Map Number 37.08-1-1) in the Catawba Magisterial District, is hereby changed from the zoning classification of C-2C, General Commercial District with conditions, to the zoning classification of C-2, General Commercial District. This rezoning would remove the following conditions placed on the property in 1988. (1) Use of subject property will be limited to office space. February 28, 2006 117 (2) Property will be developed in substantial accord with the site plan submitted with the following exceptions: (a) Remaining undeveloped portion of the property, if developed, will have landscaped front yard, parking at the side or rear of the building, and one sign of limited message, simple geometric shape, consistent letting style, with adequate spacing. (b) Access to the building shown on the site plan will be shared with either property to the northwest or with any buildings developed on the undeveloped portion of the subject property. (c) Screening and buffering on the site will comply with Section 21-92 of the Code Zoning Ordinance. (d) On-site lighting will be of limited height (14' maximum) as not to impact adjacent duplexes. (3) Sign will be of limited message, simple geometric shape, and consistent lettering style with adequate spacing. No billboard advertising permitted. 2. That this action is taken upon the application of Vistar Eye Center. 3. That said real estate is more fully described as follows: Beginning at an iron on the northwest side of Virginia Route No. 117 at the easternmost corner of a 0.569 acre parcel conveyed to Roy L. Tolbert, et ux, by deed dated March 15, 1966, and recorded in the Clerk's Office of the Roanoke County Circuit Court in Deed Book 800, page 585; thence with the northeasterly line of said Tolbert property N. 33° 56' 30" W. 248.29 feet to a point; thence N. 55° 30' 10" E. 200 feet to a point; thence with a new division line through the property of Branch & Associates, Inc. S. 33° 56' 30" E. 250.23 feet to an iron on the northwest side of Virginia Route No. 117; thence with the line of Route No. 117 S. 56° 03' 30" W. 200 feet to the Place of Beginning, and containing 1.14 acres, more or less, and being shown on a plat by T. P. Parker, SLC, dated January 15, 1971. 4. 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 Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None 118 February 28, 2006 6. Second reading of.!!! ordinance to rezone approximately 43 acres from 1-2. Industrial District. to AG-3. Aaricultural/Rural Preserve District. and to obtain ª special y!! permit and ª review of ª proposed public facility per section 15.2-2232 Code of Virainia for the construction and operation of ª reaional ¡ail located at 5859 West River Road. Catawba Maoisterial District. upon the petition of the Western Viroinia Reoional Jail Authority. (Janet Scheid. Chief Planner) 0-022806-9 Ms. Scheid advised that on February 7, 2006, the Planning Commission determined that the proposed regional jail is in substantial conformance with the adopted Community Plan for the following reasons: (1) the necessary public utilities can be made available to the site; (2) the proposed regional jail facility is an institutional type of use consistent with the principle industrial future land use designation; and (3) the proposed regional jail would generate less traffic than many other industrial uses. Ms. Scheid indicated that unless the Board of Supervisors disagrees with the Planning Commission's findings on the Section 2232 review, there is no action necessary for the Board to take at this time. With respect to the rezoning and special use permit request, Ms. Scheid reported that this is a proposal to rezone and obtain a special use permit on approximately 43 acres to be rezoned from 1-2, Industrial District, to AG-3, February 28, 2006 119 Agricultural/Rural Preserve District, to construct and operate a regional jail facility. The 256,363 square foot jail facility has the capacity to be expanded an additional 120,000 square feet. She advised that it is estimated that the 805 beds, in conjunction with the local jail facilities, will handle needed capacity until 2018. The site is generally pasture land with a small portion of wooded land, and it is currently leased for cattle and horses. Approximately 10-12 acres of the site are in the 100 year floodplain; the remaining acreage rises slightly from the Roanoke River, outside of the floodplain, and is relatively flat. The site surrounds an existing cemetery but does not include the cemetery. The site is bounded by the Roanoke River on the west, north, and east, and by the Norfolk Southern Railroad on the south and east sides. The 1-2, Industrial District is an area designated for intensive industrial uses and many of the site attributes that make this an appealing industrial site (such as topography, being generally remote from substantial residential development, access to public utilities, and location on an arterial road network) also make this property an attractive regional jail site. Typical permitted uses within the 1-2 district include businesses that manufacture, package, fabricate or assemble products such as raw materials, chemical, metal, rubber or wood. The regional jail facility is not a permitted or special use within the 1-2 District. Ms. Scheid stated that in the fall 2004, 18 potential sites were identified and analyzed for consideration for the jail site. A citizen's committee, appointed by the Board of Supervisors, visited and evaluated each site. The petitioner's site was selected as the most suitable based on the criteria of availability, access, proximity to 120 February 28, 2006 the courts and partner localities, neighborhood, topography, utilities and price. It was understood at the time of site selection that a rezoning, special use permit, and Section 15.2-2232 review would be required to move forward with this site. An option to purchase the site was approved by the Board of Supervisors in January 2005. Ms. Scheid indicated that the proposed concept plan shows the development of approximately 30 acres of the 43 acre site. All of the proposed development, building and parking, is outside of the 100-year floodplain. The site would consist of approximately 256,363 square feet of building with expansion potential for an additional 120,000 square feet. The proposed building is a two-story facility with the ground floor serving as the dayroom, housing unit, warehouse, and administrative and programming areas. The second floor level will be a mezzanine. Housing units will be separated into maximum security, medium security, dormitory style, medical and special needs. She advised that the design of the facility is modular so that additional housing units may be constructed in the future. Site access will be via a 60 foot ingress/egress right of way from West River Road running parallel to the railroad right of way. Anthony Ford, Transportation Engineering Manager, has stated that no right or left-turn lanes will be required on Route 639 West River Road. Ms. Scheid stated that it is estimated that 175 employees will work at the regional jail on three 24-hour shifts, and employees are generally not allowed to leave the facility during their work shift. In addition to the 350 vehicle trips per day from employees, the petitioner estimates that another 300 vehicle trips per day would occur February 28, 2006 121 at the site. These would come from service vehicles, transportation vehicles from the local jail systems and other visitors. Ms. Scheid advised that the total of 650 vehicle trips per day would approximately double the traffic on West River Road, and that VDOT is recommending that the grade of West River Road near the railroad tracks be raised to improve site visibility at this location for the increased level of traffic. Current traffic on Route 11/460 is approximately 11,000 vehicle trips per day. The building will be constructed of pre-cast concrete cells and walls with brick and metal around the administrative and service areas. There will be minimal fencing around the site, and the cells or housing units will not have windows. Natural lighting will come from sky lights on the roof. All outside equipment will be properly screened, as per the Roanoke County Zoning Ordinance. Outdoor lighting for parking areas will be down lit and will meet Roanoke County standards. Ms. Scheid reported that a unique feature of this proposed facility is the focus on "green" development features that will be utilized to make the facility more energy efficient and environmentally friendly; for example, much of the water coming from the roof of the jail facility will be recycled for landscaping and washing. It is predicted that less water will come off the site post-construction than does pre- construction. Sky lights in the roof will provide natural light, thereby reducing energy usage. She indicated that public utilities will be provided to the site from Route 11/460. The site is currently zoned 1-2, Industrial, and permitted uses would include high intensity industrial facilities. The proposed regional jail, as it is designed to operate, 122 February 28, 2006 would not have significant traffic or neighborhood impacts in terms of lighting, noise, stormwater runoff, or security to the surrounding areas. It is designed to be an attractive building with many environmental and energy efficient features. Ms. Scheid advised that it is staff's conclusion that the impacts of the proposed regional jail facility will be significantly less than the potential impacts of an industrial permitted use. She stated that the Planning Commission recommended approval of the petition with a 5-0 vote. Jim Guynn, counsel for the Western Virginia Regional Jail Authority (WVRJA), presented a map showing the area of construction (red area) and areas for future expansion (yellow). He indicated that there is a minimum amount of fencing involved and noted that there is an area in the rear where materials will be received which has fencing, as well as an outdoor recreation area which has a small amount of fencing. He presented a rendering of the proposed facility and advised that no part of the building is in the 100 year floodplain. Mr. Guynn stated that Roanoke County completed its jail in 1979 and it was originally rated for 108 inmates; it now averages 275 inmates daily. Franklin County completed its jail in 1937 and constructed an addition in 1987; it was originally rated for 49 inmates and it currently averages 146, some of which are maintained in other facilities. Montgomery County completed their jail in 1953 and constructed an addition in 1989; the jail was initially rated for 60 inmates and currently averages 145 inmates per day. He stated that this is a situation in which each locality, by forming the WVRJA, has been proactive in addressing a potential February 28, 2006 123 future crisis. He indicated that the formation of the WVRJA is financially sound and makes sense for several reasons: (1) the state reimbursement for construction of the jail will be up to 50% due to the fact that it is a regional jail, as compared with a 25% potential reimbursement for a local jail; and (2) economies of scale can be achieved by having a larger, regional jail which will be less expensive than constructing additions to the separate local jails and will also allow for the sharing of expenses Mr. Guynn reported that the land being purchased has been surveyed and there is frontage on Route 11/460, which complies with the County Code. The design of the facility is a "pod" design with pods being located off central areas. He indicated that there are different areas which are dormitory style, individual cells, classrooms, medical facilities, and a warehouse. He stated that it is the intent that many of the services that can be provided at the regional jail will also serve the local jails that will remain in existence. The regional jail will house post-sentenced inmates, whereas inmates awaiting trial will be held in the local jails. This accomplishes two things: (1) it allows visitation for attorneys with clients during the pre-trail phase; and (2) it reduces the necessary visitation at the regional facility. He noted that felons, which are inmates with long-term sentences, are eventually moved to the Department of Corrections and will not remain in the regional facility. The time frame required for this transfer is normally between one and two years, and he stated that the regional jail will not be a "hard core" maximum security facility. 124 February 28, 2006 Mr. Guynn advised that the jail will be operated by a Superintendent who is appointed by the WVRJA. He noted that all Sheriff's of the member jurisdictions are members of the WVRJA and will be instrumental in the selection process for the Superintendent. It is the goal to have a Superintendent in place when construction begins. The following citizens spoke regarding this item: Steve Noble, 5376 Canter Drive, stated that he attended the Planning Commission public hearing on February 7 and he indicated that he felt that at that meeting, the County was treated differently than the citizens. He noted that the Higginbotham Farms rezoning to agricultural is inconsistent with the surrounding land and will bring utilities to an agricultural zoned tract. Further, he indicated that the land is expensive and noted that Roanoke County recently sold 30 acres in the Center for Research and Technology (CRT) to Tecton for $30,000 per acre. He noted that the Tecton site had all utilities in place and was graded. He advised that Roanoke County is paying $40,000 per acre for the 43 acre tract at Higginbotham Farms and he stated that approximately one-third (1/3) of this land is in the 100-year flood plain. He stated that the County will have to spend hundreds of thousands of dollars to extend utilities to the site and to upgrade an access easement and West River Road in order to use the site. He noted that Higginbotham Farms is retaining 12 acres and Roanoke County is building a road through their site, allowing them access to West River Road. He February 28, 2006 125 questioned why the County would not consider putting CRT to use as the site for the jail and saving the citizens millions of dollars. Harold Horn, 5647 West River Road, voiced concerns about the entrance to the jail site and traffic on Route 11/460. He stated that when there is a problem such as an accident on 1-81, all the traffic exits the interstate and travels on this road. He further noted that there are many gravel trucks that travel this road. He questioned what type of buffering will be provided for adjoining property owners. He advised that the County can not take away an inmate's rights to visitation, and that he feels that traffic resulting from visitation at the facility will be an issue. He requested that a plan be developed to address the traffic concerns. Supervisor Flora requested that a representative of Hayes, Seay, Mattern & Mattern (HSM&M) address traffic concerns and potential turn lane increases. Scott Hodge advised that the current traffic projections for vehicles turning onto West River Road, as well as additional traffic generated by the jail facility, indicate that a taper will be required on Route 11/460 to assist people exiting in a northbound direction. He indicated that the projected traffic volume does not meet the requirements for a full right-turn lane with taper, which would be 200 feet of turn lane and 200 feet of taper. He advised that this decision will be reviewed by VDOT for a final determination. With respect to left-turn movements, he stated that a left turn lane already exists to turn off Route 11/460 in a westbound direction onto West River Road. 126 February 28, 2006 Supervisor Wray requested clarification regarding the taper. Mr. Hodge reported that the taper would increase the radius and provide an angled portion of the taper that would allow a car to safely traverse into the area and exit if someone were coming from behind them in an eastbound direction on Route 11/460. If a full turn lane were installed, there would be 200 feet of turn lane which will provide storage in addition to the taper. He indicated that the projected volumes only require a taper. Mr. Hodge stated that this will be reviewed by VDOT and they will advise whether the taper is adequate, based on the volumes, or whether a turn lane and taper are required. Supervisor Wray noted that there are times when accidents occur on 1-81 and traffic flows onto this road. He questioned whether this would be taken into consideration in evaluating the need for a turn lane. Mr. Hodge responded in the negative and stated that the evaluation is based on average daily traffic, not out of the ordinary events. Supervisor Wray requested information regarding the cemetery. Mr. Guynn advised that the road will go around and allow access to the cemetery off the perimeter road. Supervisor Altizer requested a breakdown on the projected 300 vehicle trips per day and the impact of shift changes at the facility. Mr. Guynn advised that of the 175 employees, approximately 150 to 160 work in shifts that change every eight hours; this totals approximately one-third of the total number of employees entering and leaving the facility every eight hours. He stated that there are 300 trips associated with February 28, 2006 127 employees and noted that there are other occurrences, such as deliveries, that will account for the remaining trips. Mr. Hodge stated that there are a total of 175 employees and over a 24-hour period, only 75 will be at the facility due to shifts, vacations, etc. He advised that there are three shifts with 44 people per shift, and that shift changes will occur at 7:00 a.m., 3:00 p.m., and 11 :00 p.m. Mr. Hodge indicated that employees must arrive 15 minutes in advance of their shift for briefings. He advised that the peak hours are 7:00 to 8:00 a.m. and 4:00 to 5:00 p.m. Supervisor Altizer requested information regarding potential attorney/client visitations that might occur at the local jail. Mr. Guynn reported that visitation is planned via closed circuit television; with respect to attorney/client visitation, it will be significantly lower than during the pre-trial phase and to the extent that it can be done via television, they will attempt to do so. He stated that the number of inmates with appeals pending will be miniscule and the attorney/client visitation will not comprise a significant number of the visits at the regional facility. Supervisor Church voiced concerns about the residents in the area and the impact that traffic accidents on 1-81 will have on traffic on their road. He noted additional concerns that arise when there is a Virginia Tech game that generates increased traffic on 1-81, as well as inclement weather situations. He stated that VDOT needs to conduct a traffic study of the 1-81 corridor. He advised that the citizens in the area believe there is a true need for the jail and if it the process had been handled in a different manner, the County probably would not have faced as many difficult situations. 128 February 28, 2006 He stated that he has serious reservations about potential traffic situations and if the project is going to go on this site, he would hope that the County would work to provide the best project possible for the citizens in the area. He commended HSM&M for the job they have done and advised that he understands that the Sheriff has a job to do. He reviewed the process that had been followed for the site selection and stated that unfortunately, this site was selected a long time ago. He noted a recent community meeting that was held, and advised that he still has grave concerns regarding the traffic situation and turn lanes. He stated that at the meeting, he questioned whether VDOT or the Norfolk Southern Real Estate Department had been contacted regarding ingress/egress and he was advised that they had not been. He stated that with the possibility of a crossing gate affecting traffic on Route 11/460, the taper will be insufficient to address these concerns. He also voiced concerns about potential flooding, and stated that he objected to the process and still has serious reservations about traffic issues. He indicated that the citizens in the area deserve consideration. Supervisor Wray stated that the County is being short-sighted regarding traffic concerns and he referenced Mr. Horn's remarks regarding video conferencing as a means of reducing traffic. He stated that the County can encourage video conferencing, but there are situations that will circumvent this process. Mr. Guynn responded that he has not found any cases that indicate there is a constitutional right to visit individuals that are in jail. Supervisor Wray also concurred with Supervisor Church February 28, 2006 129 that the County needs to encourage VDOT to examine the additional factors mentioned earlier when evaluating the traffic projections in the area. Chairman Wray advised that the public hearing has been closed and there is a citizen requesting to address the Board with respect to this item. He requested that Mr. Mahoney address the procedure for handling this request. Mr. Mahoney advised that the Board conducted the public hearing, allowed all the citizens who were present to speak, the public hearing was closed when there were no further citizens wishing to speak, and a citizen has subsequently submitted a request to address the Board after the public hearing was closed. He stated that it is a determination of the Board whether to re-open the public hearing. Supervisor Church stated that the Board is here to serve the citizens, and it was the consensus of the Board to re-open the public hearing. Frank Porter stated that he attended the Planning Commission meeting and he was surprised to find out that someone had advised the Higginbotham's to purchase this site. He stated that this is a done deal but the whole project "smelled" from day one. He stated that his main concerns were related to the railroad. He noted that there is only 80 feet to the edge of the bridge and Ms. Cooper's property will be affected by the raising of the road. He voiced concerns about the flood area, and stated that the Board owes it to the public to address these concerns. He asked that the Board be specific about the costs to raise the road and extend the utilities. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: 130 February 28, 2006 AYES: Supervisors McNamara, Altizer, Flora, Wray NAYS: Supervisor Church ORDINANCE 022806-9 TO REZONE APPROXIMATELY 43 ACRES FROM 1-2, INDUSTRIAL DISTRICT, TO AG-3, AGRICUL TURAL/RURAL PRESERVE DISTRICT, AND TO OBTAIN A SPECIAL USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF A REGIONAL JAIL LOCATED AT 5859 WEST RIVER ROAD (PART OF TAX MAP NO. 64.03-1-19.01), CATAWBA MAGISTERIAL DISTRICT UPON THE APPLICATION OF WESTERN VIRGINIA REGIONAL JAIL AUTHORITY WHEREAS, the first reading of this ordinance was held on January 24, 2006, and the second reading and public hearing were held February 28,2006; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 7, 2006; and WHEREAS, the Roanoke County Planning Commission determined that the proposed regional jail was in substantial conformity with the adopted Community Plan in accordance with the provisions of Section 15.2-2232 of the Code of Virginia. 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 approximately 43 acres, as described herein, and located at 5859 West River Road (Tax Map Number 64.03-1-19.01) in the Catawba Magisterial District, is hereby changed from the zoning classification of 1-2, Industrial District, to the zoning classification of AG-3, Agricultural/Rural Preserve District. 2. That the Board finds that the granting of a special use permit to Western Virginia Regional Jail Authority for the construction and operation of a regional jail to be located at 5859 West River Road in the Catawba 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 with the following condition: (a) Development of the site shall be in substantial compliance with the Site Concept Plan, dated 12/23/05, prepared by HSMM. 3. That this action is taken upon the application of the Western Virginia Regional Jail Authority. 4. That said real estate is more fully described as follows: February 28, 2006 131 The following is a deed description for New Parcel A-1A (42.713 acres) being a resubdivision of Original Parcel A-1 (P.B. 27, Pg. 127). The description is as follows: BEGINNING at Corner 28, said point located on the northerly right-of-way of Norfolk and Southern Railway, said point also located the northerly boundary of property of Margaret Joanne Cooper (Instrument #200405846); thence leaving Norfolk and Southern Railway and with Cooper N 50° 33' 05" W, 63.28 feet to Corner #28A; thence leaving Cooper and the northerly boundary of New Parcel A-1 B for the following 4 courses; thence with a curve to the right, which said curve is defined by a delta angle of 7° 13' 10", a radius of 1637.89 feet, an arc length of 206.38 feet, chord of 206.24 feet and bearing N 61 ° 14' 18" E, to Corner 70; thence with a curve to the left, which said curve is defined by delta angle of 91 ° 00' 40", a radius of 75.00 feet, an arc length of 119.73 feet, a chord of 107.00 feet and bearing N 19° 20' 32" E, to Corner #7C; thence N 26° 09' 48"W, 564.51 feet to Corner #7B; thence N 74° 54' 41" W, 433.48 feet to Corner #7A, said point located on the easterly right-of-way of U.S. Route 11; thence leaving Parcel A-1 B and with U.S. Route 11 with a curve to the left, which said curve is defined by a delta angle of 2° 44' 48", a radius of 4172.56 feet, an arc length of 200.02 feet, a chord of 200.00 feet and bearing N 12° 58' 54" E, to Corner #8, said point located on the boundary of property of Four H Investments LLC (Instrument #200504006); thence leaving right-of-way of Route 11 and with Four H Investments LLC and Roanoke River for the following 3 courses, S 64° 41' 31" E, 98.07 feet to Corner #9; thence N 39° 11' 18" E, 167.63 feet to Corner #10; thence N 41 ° 21' 08" E, 209.53 feet to Corner #11; thence N 44° 17' 56" E, 153.50 feet to Corner #12; thence N 55° 52' 07" E, passing the northeasterly corner of Four H Investments LLC at approximately 30 feet in all 203.47 feet to Corner #13, said point located on the southerly boundary of property of Reliance, LLC (Instrument #200201135); thence continuing with Reliance, LLC, and with the Roanoke River, N 69° 57' 35" E, 374.52 feet to Corner #14; thence N 81° 13' 49" E, passing the southeasterly corner of Reliance, LLC at approximately 150 feet in all 220.80 feet to Corner #15, said point located on the southerly boundary of Agnes V. Statzer property and said point also being the northwesterly corner of property of William W. Hurt, Jr. (D.B. 1310, Pg. 94); thence leaving Statzer and with the westerly boundary of Hurt and with approximate centerline of Roanoke River for the following 9 courses; thence N 64° 58' 41' E, 136.85 feet; to Corner #16; thence S 46° 38' 55" E, 170.47 feet to Corner #17; thence S 30° 57' 08" E, 164.89 feet to Corner #18; thence S 21° 52' 41" E, 219.25 feet to Corner #19; thence S 07° 41' 25" E, 260.33 feet to Corner #20; thence S 22° 53' 52" E, 356.46 feet to Corner #21; thence S 25° 31' 19" E, 226.17 feet to Corner #22; thence S 26° 22' 19" E, 242.86 feet to Corner #23; thence S 25° 48' 15" E, 112.01 feet to Corner #24, said point located on the northerly right-of-way of Norfolk and Southern Railway; thence leaving William W. Hurt and 132 February 28, 2006 approximately centerline of Roanoke River and with the northerly right-of-way of Norfolk and Southern Railway for the following 4 courses; thence N 660 26' 54" W, 100.00 feet to Corner #25; thence N 680 08' 56" W, 100.02 feet to Corner #26; thence N 690 55' 52" W, 23.97 feet to Corner #27; thence with a curve to the left, which said curve is defined by a delta angle of 510 18' 09", a radius of 1577.89 feet, an arc length of 1412.84 feet, a chord of 1366.11 feet, and bearing S 830 59' 48" W, to Corner #28, the place of BEGINNING and containing 42.713 acres, said description and acreage does not include 0.435 acres of existing cemetery located within this parcel. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Altizer, Flora, Wray NAYS: Supervisor Church IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: He extended congratulations to Synchrony, Inc. on their recent economic development announcement. Supervisor Church: (1) He asked that Mr. Hodge express appreciation to Bill Richardson, Community Development Department, for his handling of zoning violations. He noted that this is a difficult job. (2) He expressed best wishes to King Harvey and stated that he hopes he is feeling better soon. (3) He thanked the citizens of Roanoke County for being actively involved in their government. Supervisor Wrav: (1) He extended appreciation to Bill Richardson, Community Development Department, for his prompt handling of citizen complaints. (2) He noted that a community meeting was held to address traffic concerns on Springlawn Avenue and that this issue affects 22 houses and a one-quarter eX) mile area. He February 28, 2006 133 advised that 1,000 vehicles per day travel this section of road. He stated that staff is working to address these concerns and a meeting with VDOT has been scheduled. (3) He stated that an economic development announcement was made regarding Synchrony, Inc. and he advised that Roanoke County is proud of this company and its leadership. He noted that the County has worked closely with Victor lanello, President, and advised that the company conducts business world-wide. (4) He stated that the Board does not want citizens to stop bringing their concerns to them, and he noted that sometimes things do not always go the way people want them to; however, the Board is here to make the best possible decision for Roanoke County. IN RE: ADJOURNMENT Chairman Wray adjourned the meeting at 8:13 p.m. until Monday, March 6 at 12:00 noon for the purpose of a joint meeting with Roanoke City Council and the Western Virginia Water Authority, Noel C. Taylor Municipal Building, Room 159, Roanoke, Virginia. Submitted by: Approved by: fJ;l~"~ . tÞlchl2Dl Diane S. Childers, CMC Clerk to the Board , ~ -<rv)~O.W Michael A. Wray Chairman 134 February 28, 2006 This paae intentionally left blank.