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HomeMy WebLinkAbout10/23/1979 - Regular 10-23-79 312' Board of County Supervisors Salem-Roanoke County Civic Center Salem, Virginia October 23, 1979 6:00 P.M. The Board of County Supervisors of Roanoke County, Virginia, met this day in open session at the Salem-Roanoke County Civic Center in Salem, Virginia, this being the fourth Tuesday and the second regular meeting of the month of October. Members Present: ChaIrman May W. Johnson, Vice Chairman Robert E. Myers, Supervisors R. Wayne Compton, Edward C. Park, Jr and Lawrence E. Terry. Chairman Johnson called the meeting to order at 6:00 p.m. and announced that opening business will include only routine matters; public hearings and other public agenda items will not begin before 7:00 p.m. IN RE: CERTIFICATE FOR COUNTY'S NEW JAIL FACILITY Chairman Johnson advised that the Board was in receipt of a communication from Kenneth L. Motley, The VVKR Partnership, enclosing copy of a certificate received from the Correctional Association and the AlA advising that the new jail facility for Roanoke County has been selected as one out of 29 facilities to be displayed throughout the United States and asked for a motion to receive and file the communication and certificate and express the Board's appreciation. Supervisor Terry so moved, which motion was adopted unanimously. I I IN RE: DEPARTMENTAL ACTIVITIES REPORTS - SEPTEMBER, 1979 On motion of Supervisor Park and a unanimous voice vote, the Departmental Activities Reports for the month of September, as submitted by the County Executive, were this date received and filed. IN RE: JAIL REPORT On motion of Supervisor Terry and a unanimous voice vote, the Jail report for the month of September, 1979, was this date received and filed. IN RE: SUBDIVISION STREET STANDARDS Supervisor Terry requested that this item be taken up at 7 o'clock session since Mr. John Parker, T.P. Parker & Sons, wishes to address the Board on the subject. On motion of Supervisor Terry and a unanimous voice vote, the matter was deferred to the 7 o'clock session. IN RE: EXECUTIVE SESSION At 6:05 p.m., on motion of Supervisor Terry and the follow- ing recorded vote, the Board went into Executive Session to the I 10-23-79 313 . I discuss legal and personnel matters. AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None At 7: 12 p. m., on motion of Supervisor Myers and a unanimous voice vote, the Board reconvened in open session. 7 O'CLOCK SESSION Chairman Johnson announced to those present that the meeting had already been called to order at the 6 o'clock session and recognized The Reverend William Murdock, Fort Lewis Christian Church, who offered the invocation. The Pledge of Allegiance to the flag was recited in unison. IN RE: APPROVAL OF MINUTES I On motion of Supervisor Terry and a unanimous voice vote, the minutes of the regular meeting of October 9, 1979, were this date approved as presented. IN RE: PROGRESS REPORT - MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY Chairman Johnson advised that Mr. Frank Selbe, III, a member of the Mental Health Services Board of Directors, had another appointment and had asked to be heard before the Supervisors proceeded with the next order of business (public hearings). Mr. Myers so moved, which motion was adoption unanimously. Mr. Selbe introduced himself and advised that he was appearing on behalf of the Mental Health Services Board of Directors to make a progress report on the programs and services provided by the Mental Health Services of the Roanoke Valley for Roanoke County citizens. He then introduced Dr. Fred P. Roessel, Executive Director, and Dr. Jerry Uhlman, Director of Program Evaluation. Mr. Selbe then proceeded to highlight the progress report. He stated that there are three (3) distinct types of mental health programs and noted that the County has contributed the sum of $91,850 in local taxes to the agency, Supervisor Myers asked Mr. Selbe if he thought the agency was meeting the mental health needs in the Roanoke Valley, Dr. Roessel responded to this inquiry by stating that although it's difficult to fulfil such needs, the agency is doing a good job of meeting a reasonabl proportion of the needs. Supervisor Compton raised a question on what kind of alcoholism program the agency has. Dr. Roessel advised that there are several programs varying in degrees. This concluded the discussion and Chairman Johnson thanked Mr. Selbe for the report. On motion of Supervisor Terry and a unanimous voice vote, the report was this date received and filed with appreciation. IN RE: REQUEST OF CI~RLES D. ABSHER FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 5.97-ACRE TRACT LOCATED ON THE SOUTHEAST SIDE OF STATE ROUTE 624 (NEWPORT ROAD), 0.3 MILE WEST OF STATE ROUTE 311, CATAWBA DISTRICT ---- I 10-23-79 314' Chairman Johnson opened the floor for public comments and recognized the applicant, Charles D. Absher. No one appeared in opposition. This concluded the public hearing and Supervisor Myers moved that the renewal be approved beginning June 10, 1979, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimous IN RE: REQUEST OF CAROLYN ANN HAMM WITT FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 2-ACRE TRACT LOCATED ON THE WEST SIDE OF STATE ROUTE 783, 0.15 MILE NORTH OF STATE ROUTE 740 (BENNETT SPRINGS ROAD), CATAWBA DISTRICT Chairman Johnson opened the floor for public comments and recognized the applicant, Carolyn Witt. No one appeared in opposition. This concluded the public hearing and Supervisor }lyers moved that the renewal be approved beginning July 24, 1979, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. IN RE: REQUEST OF t~ROLD G. WYNOT FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A NOBILE HOME (TO BE OCCUPIED BY PETER AND JENNY CHAPMAN) ON A l-ACRE TRACT LOCATED AT THE END OF A PRIVATE ROAD ON THE NORTH SIDE OF THE INTERSECTION OF STATE ROUTES 612 and 786 (GREGORY ROAD) IN THE WINDSOR HILLS DISTRICT Chairman Johnson opened the floor for public comments. No spokesman for the petitioner was present nor was anyone present in opposition. This concluded the public hearing and Supervisor Terry moved that the renewal be approved beginning September 13, 1979, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimousl IN RE: REQUEST OF LAZARUS SIMMONS FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 0.982-ACRE TRACT LOCATED ON THE SOUTH SIDE OF STATE ROUTE 778 (TWINE HOLLOW ROAD), 0.6 MILE WEST OF STATE ROUTE 647 (DOW HOLLOW ROAD) IN THE CATAWBA DISTRICT Chairman Johnson opened the floor for public comments. No spokesman for the petitioner was present nor was anyone present in opposition. This concluded the public hearing and Supervisor Myers moved that the renewal be approved beginning September 9, 1979, subject to the provisions of the County Zoning Ordinance as it pertains to mobile home, which motion was adopted unanimously. IN RE: REQUEST OR RONALD C. RANSOM FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A l3.63-ACRE TRACT LOCATED ON THE SOUTE SIDE OF STATE ROUTE 945, 0.2 MILE EAST OF STATE ROUTE 116 (JAE VALLEY ROAD), VINTON DISTRICT I I I . 10-23-79 S15 . " . . , . H .. . . . . _ . ".".. .. . . .... .. ".. " -::--:- ." . , , I Chairman Johnson opened the floor for public comments. No spokesman for the petitioner was present nor was anyone present in opposition. This concluded the public hearing and Supervisor Park moved that the renewal be approved beginning September 9, 1979, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. IN RE: REQUEST OF FRANKLIN STYLES FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 1-ACRE TRACT LOCATED ON THE NORTHEAST SIDE OF STATE ROUTE 1542 (POINDEXTER LANE), 0.2 MILE SOUTH OF LOCH HAVEN ROAD IN THE CATAWBA DISTRICT Chairman Johnson opened the floor for public comments and recognized the applicant, Franklin Styles. No one appeared in opposition. This concluded the public hearing and Supervisor Myers moved that the renewal be approved beginning October 10, 1979, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. IN RE: REQUEST OF BARRY LYNN CARROLL FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 2.07-ACRE TRACT LOCATED ON THE WEST SIDE OF STATE ROUTE 777, 0.25 MILE NORTH OF INTERSTATE 81 IN THE CATAWBA DISTRICT Chairman Johnson opened the floor for public comments. No spokesman for the petitioner was present nor was anyone present in opposition. This concluded the public hearing and Supervisor Myers moved that the renewal be approved beginning October 14, 1979, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. I I REQUEST OF NORMAN J. GUSLER FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 2-ACRE TRACT LOCATED ON A PRIVATE ROAD OFF THE SOUTH SIDE OF STATE ROUTE 864 (OLD 311) IN THE VICINITY OF THE FORMER CCC CAMP IN THE CATAWBA DISTRICT Chairman Johnson opened the floor for public comments and recognized the applicant, Mr. Gusler. No one appeared in opposition. This concluded the public hearing and Supervisor Myers moved that the renewal be approved beginning September 23, 1979, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. IN RE: REQUEST OF JOHN W. STARKEY FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 2.3-ACRE TRACT LOCATED ON THE SOUTH SIDE OF STATE ROUTE 785 (BLACKSBURG ROAD), 3 MILES WEST OF ITS INTERSECTION WITH STATE ROUTE 311 IN THE CATAWBA DISTRICT IN RE: Chairman Johnson opened the floor for public comments. No spokesman for the petitioner was present nor was anyone present in opposition. 10-23-79 316 ~ This concluded the public hearing and Supervisor Myers moved that the renewal be approved beginning August 12, 1979, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. IN RE: REQUEST OF RICHARD T. G. LLOYD FOR TWO SPECIAL * EXCEPTIONS TO PARK TWO MOBILE HOMES (ONE TO BE * OCCUPIED BY MR. LLOYD AND HIS WIFE, THE SECOND * TO BE OCCUPIED BY MRS. LLOYD'S PARENTS, HERMAN * AND FRANCES ABERNATHY) ON A 2-ACRE TRACT LOCATED*DENIE ON THE EAST SIDE OF BALLARD STREET, 360 FEET * SOUTH FROM ITS INTERSECTION WITH HIGHLAND ROAD * (ROUTE 618) IN THE RIVERDALE FARM SECTION OF THE* VINTON DISTRICT * I Chairmam Johnson announced that the public hearing on this request had been continued from the October 9 meeting since certain neighbors had expressed concern over possible contamina- tion of their springs if the mobile homes were permitted to be placed on the property in question. Mr. Lloyd was present. Mrs. Johnson then recognized Mrs. Mamie L. Waldron, Eastlan Road, S.E., who acted as spokesman for the opposition. Vinton District Supervisor Park advised those present that Mrs. Waldron had submitted to him a petition containing 27 signatures from surrounding neighbors in opposition to the request, which petition is filed among'the records of 'the office of' the clerk to the Board. Mr. Park then advised that he had made an on-site inspection of the premises and that the property in question is situated on a hill. It was also noted that the Health Department would first have to approve the septic system for the mobile homes, but that this approval did not insure residents that thei water supply would not be affected. This concluded the public hearing and Supervisor Park moved that the request be denied on the basis that there is no way to insure against possible contamination of the water supply, which motion was adopted unanimously. I IN RE: REQUEST OF CHARLES W.,POFF FOR A SPECIAL * EXCEPTION AS PROVIDED IN SECTION 21 , ZONING, .,~ OF THE ROANOKE COuNTY CODE TO OPERATE A *DENIED COMMERCIAL ART STUDIO IN HIS HOME AT 5037 * BUFFALO CIRCLE, SALEM (LOT 9, BLOCK 2, * SECTION 1 OF CHEROKEE HILLS), CATAWBA DISTRICT* Chairman Johnson opened the floor for public comments and recognized the applicant, Mr. Poff, who explained that he is a designer/art director and in order to obtain a business license in RoanokE-County, he must have a business address. Mr. Poff advised that he has no real need of an office since he has no employees. In response to an inquiry, Mr. Poff stated that he designs brochures for industries and businesses. Chairman Johnson asked if anyone was present in opposition and recognized Mr. Jack Ore, President of the Cherokee Hills Community Association, who stated that he was present on behalf of the I 10-23-79 3'1 7 I Association which is opposed to any change to allow any other use other than what is permitted in the present zoning classification of the property in question. Mr. Ore further advised that any commercial use is in violation of the Cherokee Hills Subdivision plat covenants. Catawba District Supervisor Myers asked Mr. Poff if he was aware of this and he responded that he was. County Attorney Buchholtz was asked for his opinion Mr. Buchholtz advised that it is not the prerogative of the Board to enforce these covenants and that should the Board grant such special exception, a court could none the less uphold the plat covenants and negate the action of the Board. This concluded the public hearing and Supervisor Myers moved that the special exception be denied since Mr. Poff stated that he was aware of the plat covenants and the fact that the neighbors are not willing to open up to any commercial use, which motion was adopted unanimously. IN RE: PUBLIC HEARING ON PETITION OF FRALIN & v.JALDRON, INC. FOR REZONING FROM R-3 TO B-1. Chairman Johnson opened the floor for public comments and recognized W. H. Fralin, Attorney, who appeared on behalf of the petitioners. Mr. Fralin stated that the purpose of the rezoning is to erect an office building in order to expand the Fralin & Waldron Office Park. No one appeared in opposition. Upon conclusion of the public hearing, Supervisor Terry moved that the rezoning from R-3 to B-1 be approved as follows: I I IN RE: PETITION OF FRALIN & WALDRON, INC. FOR REZONING* FROM R-3 TO B-1 OF A PARCEL OF LAND CONTAINING * 0.816 ACRE AND LOCATED ON THE NORTH SIDE OF * STATE ROUTE 687 (PENN FOREST BOULEVARD) AND *FINAL WEST OF THE NORFOLK AND WESTERN RAILWAY TRACKS,*ORDER ADJACENT TO THE FRALIN & WALDRON OFFICE PARK * IN THE CAVE SPRING DISTRICT SO THAT AN OFFICE * BUILDING CAN BE ERECTED THEREON * NOW,THEREFORE BE IT RESOLVED and ORDERED that at this meeting of the Board of County Supervisors of Roanoke County, Virginia, held on the 23rd day of October, 1979, the Roanoke County Zoning Ordinance be, and the same is hereby amended so as to reclassify the hereinafter described property from Residential District R-3 to Business District B-1, which property is described as follows, to wi t ; BEGINNING at a point on the northerly side of Penn Forest Boulevard, (Va. Sec. Route 687), said point being on the westerly line of the Norfolk & Western Railway property, and shown as corner #2 on plat prepared by Buford T. Lumsden & Associates, P.C., dated August 22, 1979; thence continuing with the northerly side of Penn Forest Boulevard, N. 70 deg. 19' 32" W. 113.66 feet to corner 1/:3; thence N. 54 deg. 49' 48" W. 148.00 feet to corner 10-23-79 ~ 18 'J --- - , . '. - ,,, ,,, "" - ",_.", "" """", , "", ",,,,,,, ',d' "_,_"",, , , """ """,,," ' "",,'., ",,,,,,_,,,,,,,,''',"''''''',',,,,,,,,,",,,,,,,,,' 114; thence N. 14 deg. 49' 42" E. 173.20 feet to corner 115; thence N. 87 deg. 59' 48" E. 77.34 feet to corner 111 on the westerly line of the Norfolk & Western Railway property; thence with the same, S. 19 deg. 54' 42" E. 312.34 feet to the place of BEGINNING, and containing 0.816 acres, and more fully shown on plat showing property of Fralin & Waldron, Inc., prepared by Buford T. Lumsden & Associates, P.C., dated August 22, 1979 and it is, accordingly, so RESOLVED and ORDERED. AND BE IT FURTHER RESOLVED and ORDERED that the Clerk of this Board shall forthwith certify a copy of this resolution and order to the Secretary of the Planning Commission of Roanoke County, Virginia, and a copy to W. H. Fralin, Attorney for Petitioner. , "m,,, I NAYS: IN RE: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson None AYES: STREET LIGHT REQUEST - AUTUMN WOOD LANE Catawba District Supervisor lfyers advised that he was in receipt of a petition signed by 12 residents of Autumn Wood Lane, N.W. in the Woodlands Subdivision of the Catawba District requesting installation of street lights. Mr. Myers then read a resolution adopted by the residents asking for installation of three lights - one at the intersection of Cross timbers Trail and the other two evenly spaced. Mr. James Hilton, a resident of Autumn Wood Lane, was present at the meeting. Mr. Hilton raised a question on dust to dawn lights having been installed in The Woodlands at County expense. Mr. G. Roy Nester, Superintendent of Public Works, was present at the meeting and stated that to his knowledge such lights had not been installed at County expense. He stated that the developer may have installed the lights. In response to the request of the residents of Autumn Wood Lane, Mr. Nester advised that it is County policy to install street lights for the purpose of traffic safety only; this means they are installed primarily at street intersections or at locations where traffic hazards I exist. Mr. Nester then advised that he has an order going to Appalachian Power Company for five (5) lights to be installed at all intersections -- one at each end and one at each intersection. In response to a question raised by Mr. Hyers, Mr. Nester stated that in his opinion these are all the lights that are needed at the present time. This concluded the discussion and Supervisor Myers asked Mr. Hilton to notify his neighbors that the lights have been ordered in keeping with the County's policy. It was noted by Chairman Johnson that it could take up to eight months before Appalachian installs the lights. Supervisor Terry advised that Appalachian tries to have them installed within a 90-day period, If no unforseen emergencies occur within the valley. I 10-23-79 319'" I REQUEST OF MICHAEL BAKER FOR A CONDITIONAL USE PERMIT County Executive Clark referred to the report of the County Planner advising that since the September 25th meeting when the request was first before the Board, he had contacted Mr. Baker and advised him that he needed to meet four conditions before he could recommend approval of this request for a conditional use permit. County Planner Gubala advised the Board that one of the conditions he specified was that Mr. Baker needed to supply his office with a map or plat showing the location of the fill area. To date, Mr. Gubala advised that he had not received this map. Vinton District Supervisor Park stated that he had made an on-site inspection of the premises and suggested granting Mr. Baker a permit to continue operating the landfill for a one-year period with the stipulation that Mr. Baker use concrete and dirt (no stumps) for fill material. It was again noted that Mr. Baker had yet to submit a map to the Planning and Zoning Department. Taking this into consideration, Supervisor Park then moved that the matter again be deferred to the November 13, 1979 meeting with the request that Mr. Baker submit the appropriate plat of his property showing the location of the fill and the access to it to the Planning and Zoning Department. The motion was adopted unanimously. IN RE: SUBDIVISION STREET STANDARDS IN RE: I I County Engineer Robertson referred to his report to the Board regarding proposed changes to the Virginia Department of Highways and Transportation subdivision street standards in which he recommends that the Board state its opposition to the creation of tertiary street standards. 11r. Robertson advised that the concurred with the majority of the Virginia Department of Highways and Transportation proposals, but in his opinion, a street such as this would not be in the best interest of Roanoke County because of the width and on-street parking problems. He did note that the County can adopt more stringent standards than the State minimums. Mr. John Parker) T. P.Parker & Sons, was present and state that he agreed with the minimum width being too narrow but also noted that the proposal contained provisions for lower design speed and lesser site distance criteria to provide more flexibili y in development. Mr. Park urged the Supervisors nnt to recommend denial of any of the State Highway Department proposals, since the County can set higher standards and is not bound by the proposals. No action was taken on this matter. 10-23-79 , ' 32.0 ~ t,. '" '" . .. . . . '" '" .... '" . .... IN RE: VACANT LOT Supervisor Myers advised that he was in receipt of a request from a citizen residing at 474 Ingal Boulevard in the Glenvar East area of the Catawba District to purchase the adjoining vacant 50 by 120 foot lot from the County. Mr. Myers referred this to the County Executive and asked him to investigate the matter and report back his findings. IN RE: REQUESTED ORDINANCE BY SUPERVISOR MYERS Supervisor Myers requested the County Attorney to investigate preparing the necessary ordinance which would specify a minimum distance that hogs, chickens, horses, cows, etc could be allowed to be situated in relationship to a residence on an adjoining piece of property. IN RE: ANIMAL CONTROL Chairman Johnson, who requested that Kenneth Hogan, Chief Animal Control Officer, be present at the meeting, publicly thanked Mr. Hogan for his assistance in alleviating a dog situation in the Green Valley section of the Cave Spring District. Mrs. Johnson then asked the County Attorney if there is anything in the County's present ordinance making a provision for when a viscious dog kills a person's pet. The County Attorne responded that this would be a civil matter whereby a person could take action against a owner who allowed his dog to run loose since the owner is responsibile for complying with the County's Animal Control Ordinance in regard to dogs running at large. IN RE: RESOLUTION NO. 2420 APPROVING THE 1980-86 FINAL SIX-YEAR HIGHWAY PLAN FOR SECONDARY ROADS IN ROANOKE COUNTY BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That pursuant to a joint public hearing held by the Board of County Supervisors and the Virginia Department of Highways and Transportation on October 9, 1979, relating to a proposed six-year highway plan for secondary roads the 1980-86 six-year highway plan for secondary roads in Roanoke County submitted this date to the Board be, and the same is hereby, approved as the final six-year plan for Roanoke County; and 2. That said plan will be subject to periodic review and update with an annual public hearing for establishing priorities in said plan for each subsequent year; all in accordance with Section 33.1-70.01 of the 1950 Code of Virginia, as amended. 3. That a certified copy of this resolution of approval be forthwith transmitted to the Virginia Department of Highways and Transportation. I I I I I I 10-23-79 32'"j'. On motion of Supervisor Terry and adopted by the following recorded vote: AYES: Mr, Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: EXECUTIVE SESSION At 8:35 p.m., Supervisor Compton moved that the Board go into Executive Session to discuss a personnel matter, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr, Park, Mr. Terry, Mrs, Johnson NAYS: None NOTE: Supervisor Compton left the meeting while the Board was still in Executive Session. At 9:12 p.m., on motion of Supervisor Myers and a unanimous voice vote of those members present, the Board reconvened in open session. IN RE: HEARING OF CITIZENS ON PUBLIC MATTERS Mr. and Mrs. Statzer, residents of the Big Hill area of the Catawba District, appeared before the Board regarding the ordinance on hogs, chickens, horses, cows, and was advised that this had been referred to the County Attorney by Mr. Myers earlier in the meeting for preparation of the necessary papers for some kind of regulation. IN RE: ADJOURNMENT This concluded the business before the Board, and on motion of Supervisor Terry and a unanimous voice vote of those members present, the meeting was adjourned at 9:16 p.m. CF.AIRMAN