HomeMy WebLinkAbout10/24/2006 - Regular
October 24, 2006
853
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
October 24, 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 October, 2006.
INRE:
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; Brenda J. Holton, Deputy Clerk to the Board;
Teresa Hamilton Hall, Public Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by Reverend Keith Beasley, Good Shepherd
Lutheran Church. The Pledge of Allegiance was recited by all present.
854
October 24, 2006
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge requested that the following item be added to Briefings:
Recognition of Team Roanoke County for winning the right to compete in the World
Team Challenge after placing fourth among coed squads and 1ih overall in the 2006
BG US Challenge held in the Roanoke Valley.
IN RE: BRIEFINGS
IN RE:
1. Recoanition of Team Roanoke County for winnina the riaht to
compete in the World Team Challenae after placina fourth amona
coed sQuads and 12th overall in the 2006 BG US Challenae held in
the Roanoke Vallev. (Elmer Hodae, County Administrator)
Mr. Hodge introduced the members of the team: Lt. Jimmy Chapman,
Police Department and Team Captain; Natalie Dibling, Fire and Rescue Department;
Greg Martin, Manager of Camp Roanoke; Marcus Ordonez, Assistant Director of Parks,
Recreation and Tourism Department; and Michael Roth, Fire and Rescue Department.
Also present were Pete Haislip, Director of Parks, Recreation and Tourism; Ray
Lavinder, Chief of Police; and Richard Burch, Chief of Fire and Rescue.
Mr. Hodge expressed appreciation to David Kjolhede, Executive Director
of Roanoke Valley Convention & Visitors Bureau; Doug Chittum, Director of Roanoke
County Economic Development; and Pete Haislip of Director, Parks, Recreation and
Tourism, for their efforts at bringing the BG US Challenge to the Roanoke Valley. He
October 24, 2006
855
advised that approximately 50 teams, including some of the nation's largest companies,
competed in the event. Mr. Hodge advised that the County wanted to ensure that the
team would be comprised of staff from several departments since the County's
management philosophy promotes working as a team to accomplish objectives and
goals. Mr. Hodge advised that this approach was successful, and the team members
will be among the County's future leaders.
Mr. Hodge reported that Team Roanoke County placed fourth among
coed squads and 12th overall in the competition which qualifies them to participate in the
World Team Challenge to be held in Malta in December. He advised that the team
must give notice of their intention to compete within ten days of the event. Mr. Hodge
advised that the Board had been provided with a list of trophy winners as well as the
overall winners for each of the stages. Mr. Hodge asked that the Board approve the
team registering for the World Team challenge, and he requested that the Board
provide the additional funding if the team is unable to raise the approximately $13,000
funding necessary.
Mr. Haislip advised that when the County was contacted about this event,
the potential economic development impact was recognized since it would be
advertised in Fortune Magazine and Delta Travel and televised worldwide at a later
date. He advised that he felt this event was successful due to regional efforts, and he
expressed appreciation to Beth Doughty, Roanoke Regional Chamber of Commerce;
Phil Sparks, Roanoke Valley Economic Development Partnership; Brian Townsend, City
856
October 24, 2006
of Roanoke; Botetourt County; Town of Vinton, Franklin County; and the City of Salem.
He thanked Lewis Gale, Hospital Corporation of America (HCA), Delta Dental and
Roanoke College, who were sponsors for the event and expressed appreciation to the
many volunteers from the community, local governments, and colleges for their
commitments. He also expressed appreciation to the staff members of the Roanoke
City and Roanoke County Parks and Recreation Departments.
Team Captain Chapman expressed appreciation to the Board members,
Mr. Hodge, Chief Lavinder, Chief Burch and fellow employees for allowing the team
members time to prepare for this event. He reported on the challenges in the different
stages and advised that the event was much more than he anticipated, both physically
and mentally; however, the team was very successful with all members performing at
125% in all stages. He advised that the team would like to compete in the World
Challenge which will be a once-in-a-lifetime opportunity.
Mr. Ordonez advised that the event provided opportunities to strategize,
identify individual strengths, make quick key decisions, and react if those decisions
proved unworkable. He advised that the challenges of these events will carry over into
the work place since employees deal with unknown factors, and he would like the
opportunity to compete in the World Challenge. Mr. Martin advised that one of the
purposes of the event was to raise funds for St. Jude Children's Research Hospital and
$600,000 was raised by all teams. He advised that they were pleased with the results
of the US Challenge but look forward to improving overall at the World Challenge and
October 24, 2006
857
shining the spotlight on the Roanoke Valley. Mr. Roth advised that he appreciated the
opportunity to compete in the event and is looking forward to competing in the World
Challenge. Ms. Dibling expressed appreciation for being able to participate in the event
and advised that she is looking forward to the World Challenge. She advised that
strategy played a major part in the challenges and the opportunities they had to train
together as a team were very beneficial. She advised that for the team to enter the
coed squad category, she had to compete in every challenge and the assistance she
received from her team made that possible.
Chairman Wray presented certificates of recognition to the team
members. He advised that he was present at the final stage of the competition, and that
he was very impressed with this event. He commended the team members and Mr.
Haislip on their successes and how the event was handled.
Supervisors Church, McNamara, Altizer, and Flora expressed their
congratulations to the team members for their successes, commended them for their
competitive spirits, and advised that this was a very positive event. It was the
consensus of the Board that the team should register for the World Challenge and the
Board would provide additional funds if necessary.
Mr. Haislip advised that it was important to note that there were other
teams from the Roanoke Valley who participated and deserve credit. There were teams
from Carilion, National Business College, Lewis Gale, Delta Dental, City of Roanoke,
Roanoke County Firefighters, and Roanoke College.
858
October 24, 2006
Chairman Wray wished the team members success at the World
Challenge in Malta.
IN RE: NEW BUSINESS
~ Resolution adoptina ! Leaislative Proaram for the 2007 Session
of the Virainia General Assembly and petitionina the General
Assembly to favorably consider the topics and issues addressed
therein. (Paul M. Mahoney. County Attorney)
R-102406-1
Mr. Mahoney advised that the Board has held two work sessions during
the past four months concerning the County's legislative program for the 2007 General
Assembly session. He advised that Mr. Eldon James, Legislative Liaison, was present
at the work session on October 10 and there was an excellent discussion on the issues
and topics. He advised that the resolution he has drafted includes comments from the
Board members with respect to the revenue sharing program and the funding for the
Virginia Retirement System. He advised that the resolution also includes suggested
legislative solutions to address the law enforcement training academy issue and funding
for Explore Park's operating expenses in the second year of the biennium.
Supervisor Church stated that the Board and staff have discussed these
issues many times, and that he believes the statements are precise and express what
they want to achieve in Richmond. He advised that at the appropriate time, he would
move to adopt the resolution. There was no discussion.
October 24, 2006
859
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS:
None
RESOLUTION 102406-1 ADOPTING A LEGISLATIVE PROGRAM FOR
THE 2007 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND
PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY
CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified
major legislative issues of state-wide concern to be considered by the 2007 session of
the Virginia General Assembly; and
WHEREAS, the Board adopts this resolution as its Legislative Program for the
2007 session of the Virginia General Assembly.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the following legislative initiatives are submitted for its legislative
program for the 2007 session of the Virginia General Assembly for its favorable
consideration and adoption.
1. Law enforcement training academy.
a. Remove the moratorium on the creation of new independent
academies or provide a waiver for Roanoke County.
b. Amend ~9.1-106 to allow the assessment of certain court fees to
support a training academy.
2. Explore Park: $300,000 for operating expenses, 2nd year of the biennium
3. Request the Governor to include start-up costs for Regional Jail in the
budget for the 2008 Session
4. Revise the Revenue Sharing Program so that:
a. To allow as many localities as possible to participate in the program
a "per locality" annual funding cap should be established. Unless
the General Assembly substantially increases the funding for this
program, no locality should receive more than $1 million;
b. Counties and their towns be allowed to combine their local match
dollars;
c. The General Assembly appropriate the full amount of $50 million for
this program; and
d. Any reductions in funding are allocated proportionally among all
jurisdictions participating in this program.
860
October 24, 2006
The General Assembly should fully fund its unfunded liabilities in the
Virginia Retirement System and that it restore VRS to an actuarially sound
status.
II.
That the Clerk to the Board of Supervisors is directed to send an attested copy of
this resolution to Governor Timothy Kaine, Senator John S. Edwards, Senator Brandon
Bell, Delegate H. Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin;
Stephanie Moon, Acting Roanoke City Clerk; Members of the Roanoke City Council;
Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk
for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley-
Alleghany Regional Commission, and the Virginia Association of Counties.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
5.
2. Resolution arantina ~ waiver to Intearity Windows under Section
13-23 of the Roanoke County Code to the provision of the
County's Noise Ordinance. Article !!:. Noise of Chapter 13:
Offenses: Miscellaneous to expedite construction. (Jill Loope.
Assistant Director of Economic Development)
R-102406-2
Ms. Loope advised that the County recently received a letter from Avis
Construction Company, Inc., the contractor for the Integrity Windows expansion,
requesting a waiver of the noise ordinance under Section 13-23 "Undue hardship
waiver" for a two week period extending from Monday, November 13, through Monday,
November 27, 2006. She reported that the construction entails five concrete pours
running consecutively over five days, and the waiver is being requested so that each
pour can begin at 3:00 a.m., with a six to seven hour placement and an additional six to
October 24, 2006
861
seven hours finishing time which will allow each section to be poured in a 12-14 hour
day. She advised that this timeframe is necessary due to the quality of the floor
tolerances, and this schedule will assist with eliminating as many floor joints as
possible.
Ms. Loope advised that the concrete trucks will enter from Valley Gateway
Boulevard and Integrity Drive to the west side of the building through the ramped
doorway. The pours will be entirely inside the building, and the backup alarms will be
disconnected to eliminate any noise concerns during the early morning hours. All
parties involved understand the potential impact of this request and are sensitive to the
concerns of neighboring homes and businesses. It is possible that the project can be
completed in its entirety within one week; however, an additional week is being
requested in case there are any schedule delays.
Ms. Loope advised that staff will continue to work with the Integrity
Windows management and their contractors and engineers to limit the impact on
surrounding neighbors to the extent possible. Ms. Loope advised that staff
recommends adoption of a resolution granting the waiver because the waiver is for a
limited time and the concrete pours are contained inside of the building. She reported
that if this request is approved, staff will notify the citizens as they have with all projects
of this nature. She advised that a representative of the company and the contractor are
present.
862
October 24, 2006
Supervisor Church inquired whether any notification of this requested
action had been made to the surrounding neighbors. Ms. Loope advised that
Supervisor Altizer sent a letter to the neighbors who are closest to the facility notifying
them of this request and that staff will send notification of the Board's decision following
this meeting. Supervisor Church advised that if the work is completed according to the
plans, the neighbors will probably not know it is being done; however, he suggested that
notifications be made. Ms. Loop advised that letters will be sent to the neighbors.
Supervisor Altizer advised that all of the neighbors should have received
the letter that he sent last Friday. He advised that he wanted to thank Integrity
Windows, the contractor, and the neighbors for having an on going relationship where
problems could be addressed. Supervisor Altizer inquired about the number of trucks
being staged at one time. Roger Falls, Vice President and Project Manager, Avis
Construction Co., responded that there will probably be 15 trucks staging in rotation and
they will come into the building one at a time. Supervisor Altizer advised that he was
concerned about the staging of the trucks; however, he thought there was room enough
for the trucks to be staged before they cross the threshold of the detention pond. He
advised that the Board had previously approved all-night pourings but these pourings
are scheduled to start at 3:00 a.m. He advised that it was agreed that there will be no
pours on Sunday and the pours on Saturday will be made pursuant to the noise
ordinance hours of 10:00 a.m. until 10:00 p.m. He advised that he has been requested
October 24, 2006
863
by a citizen that no pours be allowed on November 23, 2006, Thanksgiving Day, and he
requested that this be added to the ordinance.
Chairman Wray requested that the company representative and contractor
identify themselves for the record. Mr. Roger Falls advised that he is the Vice President
and Project Manager for Avis Construction Company, and Tim Long advised that he is
the Materials Manager for Integrity Windows.
Supervisor Wray inquired if the trucks would do any maneuvering inside
the building or if they would just enter and pour. Mr. Falls advised that they will enter
from one door in the side of the building and then once inside, the trucks will turn
around. He stated that the only time that there would be an outside turn-around would
be on the last pour on the last day which would be mid-day.
Supervisor Altizer moved to adopt the resolution with the added language
that there will be no concrete pours on November 23, 2006 (Thanksgiving Day). The
motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS:
None
RESOLUTION 102406-2 GRANTING A WAIVER UNDER
SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE
PROVISIONS OF THE COUNTY'S NOISE ORDINANCE,
ARTICLE II. NOISE OF CHAPTER 13: OFFENSES -
MISCELLANEOUS OF THE ROANOKE COUNTY CODE,
INTEGRITY WINDOWS AND DOORS
WHEREAS, Avis Construction Company, Inc., the general contractors for the
construction of a plant expansion for Integrity Windows and Doors on Integrity Drive in
Roanoke County, has requested a waiver of the County's noise ordinance as
864
October 24, 2006
contemplated under Sec. 13-23. Undue hardship waiver. to permit construction activity
related to pouring concrete for the floors for a plant expansion beginning on November
13,2006, and ending November 27,2006; and
WHEREAS, Section 13-23 of the Roanoke County Code establishes certain
standards for the Board of Supervisors to grant waivers from the provision of the
Roanoke County Noise Ordinance, Article II. Noise of Chapter 13: Offenses -
Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in
subsection (b) of Sec. 13-23 and after making certain alternative findings.
BE IT RESOLVED by the Board of Supervisors of the County of Roanoke,
Virginia, as follows:
1. In making its determination as to whether to grant the requested waiver to the
Avis Construction Company, Inc. from the County's noise ordinance, the Board of
Supervisors has considered the following factors:
a. The time of day the noise will occur and the duration of the noise:
Beginning not earlier than 3:00 a.m. on a Monday, November 13, 2006, for
not more than fifteen (15) days and ending not later than 11 :00 p.m. on
November 27,2006. No construction involving the pouring of concrete will
occur on Sunday or November 23, 2006, Thanksgiving Day. If any
construction involving the pouring of concrete occurs on Saturday, then
that work shall be done only between the hours of 10:00 a.m. and 10:00
p.m.;
b. Whether the noise is intermittent or continuous: The noise produced
during the process of the pouring the concrete floors is done in order to
assure the quality of the floor tolerances and this schedule will assist in
eliminating as many floor joints as possible. This pouring requires at 12 to
14 hour day in order to allow the concrete to be poured at 3:00 a.m. with a
6-7 hour placement and an additional 6-7 hour finishing time.
c. The extensiveness of the noise: Although, the noise may be extensive, the
placement operation will be completely inside the building roof and
exterior precast walls. The placement will take about six to seven hours
with finishing another six to seven hours. This schedule will allow for the
least amount of inconvenience possible to complete this project.
d. The technical and economic feasibility of bringing the noise into
conformance with the noise ordinance: To achieve the desired tolerances,
there are no practical ways to pour the concrete floors other than the
proposed 12 to 14 hour schedule;
October 24, 2006
865
e. Other matters related to the impact of the noise on the health, safety and
welfare of the community and the degree of hardship resulting from
enforcement of the ordinance: The concrete delivery trucks will be staged
along Valley Gateway Boulevard and Integrity Drive and not adjacent to
the residential area throughout the duration of the pouring of the floors.
The construction entails five concrete pours running consecutively over 5
days. This request allows for any schedule delays.
f. The extent to which the noise is necessary and incidental to the
commercial and industrial use generating the sound: The noise to be
generated by this phase of construction of the Integrity facility is normal
and expected for this type of operation.
2. The Board of Supervisors makes the following finding: Compliance with the
provisions of the County's noise ordinance concerning the specific act of noise
disturbance by construction machinery or operations under subsection (1) of Sec.
13-21. Specific acts as noise disturbance. or under the provision of Sec. 13-20.
General prohibition. would produce serious economic hardship for Avis
Construction Company, Inc. without producing any substantial benefit to the
public either living in the area of this construction or generally.
3. That the provisions of Sec.13-21. Specific acts as noise, subsection (1) and Sec.
13-20. General prohibition. of Article II. NOISE of Chapter 13. OFFENSES -
MISCELLANEOUS be WAIVED for a period of Fifteen (15) days from
November 13, 2006 until November 27,2006.
4. This Waiver is granted specifically to Avis Construction Company, Inc. its
officers, employees and agents for construction related activities at the Integrity
site located on Valley Gateway Boulevard and Integrity Drive in Roanoke County,
Virginia.
5. That this Waiver may only be extended upon written application and approval by
the Board of Supervisors.
6. That this Resolution shall be in full force and effect from its passage.
On motion of Supervisor Altizer to adopt the resolution with added language that
there will be no concrete pours on November 23, 2006 (Thanksgiving Day), and carried
by the following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
866
October 24, 2006
REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Flora moved to approve the first reading and set the second
reading and public hearing for November 14, 2006. The motion carried by the following
recorded vote:
IN RE:
AYES:
NAYS:
IN RE:
Supervisors McNamara, Church, Altizer, Flora, Wray
None
1: First readinQ of an ordinance to obtain ! special use permit to
construct townhouses on 1.264 acres at! maximum density of 9.5
dwellinQ units per acre located near the intersection of Route 648
and Route .11" Hollins MaQisterial District. upon the petition of
Chris McMurry.
APPOINTMENTS
1: Blue RidQe Behavioral Healthcare Board of Directors
Chairman Wray advised that the three-year term of Dan O'Donnell will
expire on December 31,2006. Mr. O'Donnell has been contacted and indicated that he
is willing to serve an additional term. It was the consensus of the Board to add
confirmation of this appointment to the consent agenda.
October 24, 2006
867
2. Buildina Code Board of Adiustments and Appeals (Fire Code
Board of Appeals)
Chairman Wray advised that the four-year term of Richard L. Williams will
expire on October 24, 2006, and the four-year term of Wilmore T. Leffell will expire on
December 12, 2006.
Supervisor Flora requested that Mr. Williams and Mr. Leffell be contacted
to determine if they are willing to serve additional terms. Deputy Clerk Holton advised
that the Clerk's Office is aware that Mr. Williams will not be serving another term.
Supervisor Flora requested that the Board be informed regarding the job position
requirement for appointments to this Board.
3. Economic Development Authority
Chairman Wray advised that the four-year terms of Craig W. Sharp and
Allan Robinson, Jr. expired on September 26, 2006. He stated that these appointments
will be discussed at a closed meeting today.
4. Library Board (Appointed ~ District)
Chairman Wray advised that the four-year term of Phyllis C. Amos, Cave
Spring Magisterial District, will expire on December 31,2006.
5. Roanoke County Plannina Commission (Appointed ~ District)
Chairman Wray advised that the four-year term of Steven Azar, Vinton
Magisterial District, will expire on December 31, 2006.
868
October 24, 2006
Supervisor Altizer advised that Mr. Azar had indicated his willingness to
serve an additional term and requested that confirmation of this appointment be placed
on the consent agenda.
6. Roanoke Vallev Resource Authority
Chairman Wray advised that the four-year term of Diane D. Hyatt will
expire on December 31 , 2006
7. Western Virainia Reaional Jail Authority
Chairman Wray advised that the one-year terms of Joseph P. McNamara,
elected representative; Richard C. Flora, alternate elected representative; John M.
Chambliss, administrative official; and Diane D. Hyatt, alternate administrative official,
will expire on December 31, 2006.
IN RE: CONSENT AGENDA
R-102406-3; R-102406-3.a;
Supervisor Altizer moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
October 24, 2006
869
RESOLUTION 102406-3 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 October
24, 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 - October 10, 2006 (Joint Meeting) and October 10,
2006 (Regular Meeting)
2. Resolution authorizing the application, acceptance and appropriation of a
grant to the Fire and Rescue Department in the amount of $47,949.00 from
the Department of Homeland Security
3. Request to accept and appropriate $4,500.00 to the Fire and Rescue
Department from Carilion Hospital for the Cardiac 12-Lead ECG program
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 Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
RESOLUTION 1 02406-3.a DESIGNATING THE APPLICANTS
AGENT, THE ACCEPTANCE OF THE HOMELAND SECURITY
GRANT AND APPROPRIATION OF GRANT MONIES
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that
Elmer Hodge, County Administrator or his designee, is hereby authorized to execute for
and in behalf of the Roanoke County, a public entity established under the laws of the
State of Virginia, this application and to file it in the appropriate State Office for the
purpose of obtaining certain Federal financial assistance under the ODP, National
Domestic Preparedness Office Grant Program (s), administered by the Commonwealth
of Virginia.
That, Roanoke County, a public entity established under the Jaws of the
Commonwealth of Virginia, hereby authorizes its agent to provide to the Commonwealth
and to the Office of Justice Programs (OJP) for all matters pertaining to such Federal
financial assistance any and all information pertaining to these Grants as may be
requested.
870
October 24, 2006
FURTHER, the Board of Supervisors of Roanoke County authorizes the
acceptance of said grant monies in the amount of $47.949.00 and authorizes the
appropriation of said monies for the purposes authorized in the grant application.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
INRE:
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 Debt Payment Reserve
5. Accounts Paid = September 2006
6. Statement of expenditures and estimated and actual revenues for
the month ended September 30. 2006
7. Public Safety Center Buildina Proiect Budaet Report
8. Public Safety Center Buildina Proiect Chanae Order Report
9. Report of claims activity for the self-insurance proaram for the
period ended September 30. 2006
10. Proclamations sianed ~ the Chairman
October 24, 2006
871
INRE:
CLOSED MEETING
At 3:55 p.m., Supervisor Wray moved to go into closed meeting pursuant
to the Code of Virginia Section 2.2-3711 A (1) discussion of the appointment of specific
public officers, namely appointments to the Economic Development Authority; and
Section 2.2-3711 A (5) discussion concerning a prospective business or industry where
no previous announcement has been made of locating the prospective business or
industry in Roanoke County. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
IN RE: CERTIFICATION RESOLUTION
R-102406-4
Chairman Wray requested that Mr. Mahoney report on the closed meeting
before he moved to adopt the certification resolution.
Mr. Mahoney advised that a closed meeting was held from 4:15 p.m. until
4:25 p.m. pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion of the
appointment of specific public officers, namely appointments to the Economic
Development Authority. Mr. Mahoney noted that Supervisor Wray was not in
attendance for this closed meeting.
Mr. Mahoney advised that a closed meeting was held from 4:25 p.m. until
4:39 p.m. pursuant to the Code of Virginia Section 2.2-3711 A (5) discussion concerning
a prospective business or industry where no previous announcement has been made of
872
October 24, 2006
locating the prospective business or industry in Roanoke County. Mr. Mahoney noted
that two items were discussed in this closed meeting and that all Board members were
present.
At 7:05 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 102406-4 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
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
October 24, 2006
873
IN RE:
INTRODUCTION OF STUDENT INTERNS
Chairman Wray introduced Lauren Goetsch, a junior at Cave Spring High
School, and Adam Barton, a senior at Northside High School, who are participating in
the Roanoke County School's INSIGHT internship program. He advised that the
students will be spending a minimum of 50 hours working at the County over the course
of the school year and that both have expressed interest in public administration. Ms.
Goetsch and Mr. Barton expressed appreciation for the opportunity to intern with the
County.
IN RE: NEW BUSINESS
1. Reauest to adopt .! resolution approvinQ the decision of the
Roanoke County PlanninQ Commission that the extension of
public water and sewer to Explore Park is substantially in accord
with the Roanoke County Community Plan. (Philip Thompson.
Deputy Director of PlanninQ)
R-102406-5
Mr. Thompson advised that during the past twenty years the development
of Explore Park has gone through several revisions which include: (1) 1987 Master
Plan; (2) 1991 creation of Explore Park (EP) District; (3) 1991 - 456 Review of the 1987
Master Plan; (4) 1993 rezoning; (5) 2004 Explore Park Master Plan Amendment; (6)
2005 lease of Explore Park lands; and (7) 2005 Revised EP District and rezoning. He
advised that extension of public water and sewer has always been a part of every plan
874
October 24, 2006
proposed. The timing and sequencing of the ultimate build-out at Explore Park is
dependent upon the construction of public water and sewer lines. Hotels, restaurants,
commercial, and recreational facilities require adequate water, wastewater and fire
suppression systems. He advised that the extension of public sewer and water to
Explore Park requires a review for conformance with the community plan per Section
15.2-2232 of the Code of Virginia.
Mr. Thompson advised that Virginia Living Histories (VLH) submitted an
application for a conformance review with the community plan for the extension of public
water and public sewer to Explore Park. The extension of public utilities would run
along Rutrough Road from the City of Roanoke to its terminus at Back Creek. An
alternative route for the extension of public water would be along the Blue Ridge
Parkway and Roanoke River Parkway. Mr. Thompson advised that on October 3,2006,
the Planning Commission held a public hearing on this request. The Planning
Commission found that the extension of public water and public sewer to Explore Park
was in conformance with the County's community plan.
Supervisor Altizer advised that there are two ways to provide water and
sewer for Explore Park. He advised that the Rutrough Road route would most likely
come through the Virginia Department of Transportation (VDOT) right-of-way, and
citizens should not fear that their properties would be condemned to put in the water
and sewer extensions.
October 24, 2006
875
Supervisor Church advised that the staff report mentioned that there was
no fiscal impact and questioned who would be paying for these extensions. Mr.
Thompson responded that the extensions of water and sewer required for Explore Park
would be paid for by the developer and anything that would be required beyond that
development would be completed with County funds. In response to Supervisor
Church's inquiry about the actual costs, Mr. Thompson advised that the project is more
conceptual at this time and is dependent upon the land planning process at Explore
Park. He stated that the performance review with the County's community plan will
allow Explore Park to move forward with their land planning and after it is finalized, staff
will have a better idea about the water and sewer needs for Explore Park.
Supervisor Church inquired as to how close the extensions would come to
the proposed golf course. Mr. Thompson advised that there is one parcel in between,
and they are probably within 200 to 300 feet of the golf course property.
Chairman Wray advised that this is not a public hearing but he would allow
a citizen who had requested to speak to address the Board.
Steve Noble, 5376 Canter Drive, advised that it was discussed at the
Planning Commission meeting on October 3, 2006, that the extension of water and
sewer was always anticipated by Explore Park. He advised that it may have been in the
1980's when Explore Park was thought to be an entertainment center but for nearly 20
years, no plan, concept, or request for water and sewer has been discussed. He
advised that the type of development planned for Explore Park today is unknown. Mr.
876
October 24, 2006
Noble advised that the statement was also made that extending water and sewer for
approximately four to five miles to this community, which is mostly zoned agricultural,
would not impact the rural setting, housing, or create future development. He advised
that he does not agree with this because when you add water and sewer, it changes the
zoning and densities. He reported that the extension will be made along a major road
which lies east and west of the Blue Ridge Parkway. He advised that adding water and
sewer extensions to Explore Park will change the composition of eastern Roanoke
County. He advised that he believes that the study will be done and water and sewer
will probably be extended; however, he requested that the overall impact to the area be
studied.
Supervisor Altizer advised that while there can be unchecked rezonings
when extending water and sewer to an area, positive things can also occur. He advised
that this is in his district and at the appropriate time, he would move approval. He
advised that are other considerations beyond extending water and sewer to Explore
Park. He advised that a couple of years ago in Bedford City, the wells were
contaminated. While nothing of that kind has occurred in this area, if water and sewer is
extended to Explore Park, this would benefit the citizens in the area in the event that
something of this nature occurred. He stated that the 2232 review is a public process of
approximately ninety days. Supervisor Altizer advised that if contaminated wells should
occur at some time, these extensions would give the citizens the ability to connect to
water. He advised that the neighborhoods off Iveyland Road and Huffman Lane are
October 24, 2006
877
serviced by an old water supply and while it is adequate today, it could cease to function
at any time. This extension of water and sewer will help the citizens in these
neighborhoods because they would be able to connect to water if they desired or
choose to drill their own wells. Supervisor Altizer advised that while he does
understand that there is the possibility for future development in the area, development
is already occurring. He advised that he thought it was time to update or redevelop the
vision statement for the Mount Pleasant area, and asked Mr. Hodge and staff to meet
with the citizens to receive their input on where they think the growth will occur and the
anticipated time frame.
Supervisor Church advised that his concerns are well-noted regarding
Explore Park. He advised that this Board made a financial commitment which lasted
several years, and they have even extended that financial commitment. He advised
that he would like to see Explore Park and Mr. VanderMaten succeed but he has
serious reservations. He advised that the County is in a catch-all situation with the
State not wanting to own Explore Park but not wanting the County to own it, and it has
continued to be a financial drain on the taxpayers. He advised that while he hopes this
leap of faith will be in everyone's best interest, he has never been comfortable because
the County has gone beyond its realm of comfort. He would like to see the County's
financial commitment to Explore Park end sooner rather than later.
878
October 24, 2006
Supervisor Altizer moved to adopt the resolution accepting the
recommendation of the Planning Commission. The motion carried by the following
recorded vote:
AYES:
Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS:
None
RESOLUTION 102406-5 APPROVING THE DECISION OF THE
ROANOKE COUNTY PLANNING COMMISSION THAT THE
EXTENSION OF PUBLIC WATER AND SEWER TO EXPLORE
PARK IS SUBSTANTIALLY IN ACCORD WITH THE ROANOKE
COUNTY COMMUNITY PLAN
WHEREAS, on August 25, 2006, Virginia Living Histories, Inc. and the Western
Virginia Water Authority filed an application with Roanoke County seeking a review of
proposed water and sanitary sewer line extensions to Explore Park for consistency with
Roanoke County's adopted Community Plan in accordance with Section 15.2-2232 of
the Code of Virginia; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this application on October 3, 2006, and it determined that the proposed water and
sanitary sewer line extensions to Explore Park were consistent with the adopted
Comprehensive Plan; and
WHEREAS, this matter was referred to the Board of Supervisors for its review
and approval.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, as follows:
1. That the Board finds that public water and sanitary sewer systems are
planned for and needed for the future development of Explore Park.
2. That the Board finds that the extension of public water and sanitary sewer
lines will follow one of two alternate routes as shown on the attached Water Routing
Map and Sewer Routing Map.
3. That the Board approves the decision of the Roanoke County Planning
Commission that the extension of public water and sanitary sewer lines to Explore is
substantially in accord with the adopted 2000 Roanoke County Community Plan.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
October 24, 2006
879
INRE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
.1: Continued until December 19. 2006. at the reauest of the
petitioner. Second readina of an ordinance to rezone 24.46 acres
from R-1. Low Density Residential. to R-3. Medium Density Multi-
Family Residential. in order to construct multi-family dwellinas at
.! maximum density of 5.15 dwellina units per acre located at 4800
Keaay Road. Windsor Hills Maaisterial District. upon the petition
of Hidden Valley Villas. LLC.
Chairman Wray advised that this item has been continued until December
19, 2006, at the request of the petitioner.
2. Withdrawn at the reauest of the petitioner. Second readina of an
ordinance to obtain .! special use permit to operate .! commercial
indoor sports and recreation facility on 1.53 acres located at 7525
Hitech Road. Hollins Maaisterial District. upon the petition of
Laura Quarles.
Chairman Wray advised that this item has been withdrawn at the request
of the petitioner.
880
October 24, 2006
3. Second readina of an ordinance to rezone 4.494 acres from R-1,
Low Density Residential, to C-2, General Commercial, in order to
construct! retail sales facility located at 3909 Challenaer Avenue
and 3911 Challenaer Avenue, Vinton Maaisterial District, upon the
petition of The Rebkee Company. (Philip Thompson, Deputy
Director of Plannina)
0-102406-6
Mr. Thompson advised that the Rebkee Company is requesting to rezone
two properties which total 4.494 acres from R-1, Low Density Residential, to C-2,
General Commercial, to construct retail sales businesses along Challenger Avenue.
The proposed project includes construction of a 13,225 square foot CVS pharmacy with
a rear-situated drive-through window; associated parking, landscaping, screening,
lighting, and signage associated with retail development; and room for additional retail
sales business. He advised that the two existing homes on the property will be
removed or demolished. He reported that access to the site would tie into the existing
Challenger Avenue and West Ruritan Road intersection (southbound leg); a right turn
deceleration lane will be constructed on east bound Challenger Avenue; and a left turn
lane will be constructed on west bound Challenger Avenue at the existing intersection
crossover. He stated that an internal access to the adjacent Kahn development at
Valley Gateway Boulevard is also proposed.
October 24, 2006
881
Mr. Thompson reported that there will be public water and sewer, and
stormwater detention will be provided by the existing stormwater management pond
located near Integrity Windows. The surrounding properties are zoned C-2, General
Commercial, and 1-1, Industrial, on the south side of Route 460; and R-1, Low Density
Residential, C-1, Office, and C-2, General Commercial, on the north side of Route 460.
The surrounding land uses are commercial, office and residential uses. According to
the community plan, the future land use designation for the property is core, and the
proposal is consistent with the policies and guidelines of the community plan. The site
has ample space to meet all applicable development standards and no negative
impacts are anticipated.
Mr. Thompson reported that a community meeting was held on September
21, 2006, at Bonsack Elementary School with approximately 20 citizens in attendance.
The issues that were raised dealt with traffic and stormwater management. The
Planning Commission held a public hearing on October 3, 2006, and one citizen spoke
in favor of the project. The Planning Commissioners had questions regarding traffic,
stormwater management, and signage, and recommended approval of the rezoning
request by a vote of five to zero.
Mr. Mike Pace, Gentry, Locke, Rakes & Moore, advised that he represents
the Rebkee Company which is the preferred developer for CVS stores in Virginia. He
advised that they are requesting rezoning of two parcels for a CVS store adjacent to the
Valley Gateway Commerce Park in the Bonsack area. He advised that the plans have
882
October 24, 2006
already been approved. He advised that the two parcels comprise 4.5 acres both
fronting on Route 460. The parcels are zoned R-1 and are designated core in the
County's community plan. He advised that the current zoning of R-1 is no longer
consistent with the general pattern of development in the area, and the Route 460
corridor is being transformed from a traditionally rural area to one of the fastest growing
parts of the County.
Mr. Pace advised that with the recent addition of Wal-Mart and Lowe's at
the intersection and the approval of Kahn Development plans for Valley Commerce
Gateway Park, it is clear that the predominant future and current land use of the area is
commercial, and that single family residential is no longer the highest and best use of
this particular property. He advised that the adjacent properties on the same side of
Route 460 are zoned C-1, C-2 and 1-1, and across the street, they are zoned C-2, C-1
and R-1. He advised that rezoning both of these parcels to C-2 would make the general
pattern of development in the area consistent, allow for the complete and integrated
development of the Valley Gateway Commerce Park, and that the use is consistent with
the core guidelines in which low-density residential development is discouraged and
commercial development is encouraged. He advised that this plan encourages campus
like settings which provide nodes of development along Route 460 east rather than
commercial strip developments which may have occurred. This would allow critical
linkages between parcels and provide necessary services to the residential areas in
Bonsack.
October 24, 2006
883
Mr. Pace advised that there are no adverse effects on the adjoining
properties, and there will be no adverse impacts on key resources in the Bonsack
community planning area. The proposed use would strike an appropriate balance
between commercial, residential and industrial, and the agricultural uses would help
Bonsack become a more sustainable community. He advised that he appreciated the
thorough staff report and the favorable recommendation of the Planning Commission.
He requested that the Board approve the rezoning of the two parcels to C-2 to allow the
CVS store.
Supervisor Altizer inquired if the design of the property allowed
commingling through the Kahn Development and if you would be able to access the site
without having to go back out through the light and into Route 460. Mr. Pace advised
that this was correct and that signalization is at the shared entrance on the front;
however, the current plans from Kahn Development and Rebkee Company show an
integrated system of roads in and out.
One citizen spoke regarding this item: Chris Craft, 1501 East Gate
Avenue, advised that CVS is an outstanding business on Route 460 which is planning
to move from Roanoke City into the County. He reported that behind the proposed site
on the plan is Kahn Development which will be a Kroger store, and there will be many
other small shops which will bring more revenues to the County. He asked the Board
on behalf of himself, and many of his neighbors and friends who live in the
neighborhood, to approve the CVS without any questions or problems.
884
October 24, 2006
Supervisor Flora advised that he attended the community meeting;
however, Supervisor Altizer was unable to attend. He advised that the project was
located in the Vinton Magisterial District but it borders the Hollins District. He reported
that a number of citizens attended the meeting and that no one spoke against the
project; however, three citizens asked how quickly the project could be completed. He
advised that the rezoning helps make the Kahn project safer because of the two points
of access to Route 460 and closing the access proposed for the middle of the project
which could have created a dangerous situation. He stated that this development
benefits the Kahn project and the development of the Route 460 corridor.
Supervisor Altizer asked Mr. Thompson if this project will eliminate the
proposed entrance into the Kahn Development and make both entrances light
controlled. Mr. Thompson advised that this was correct and that when the Kahn
Development came before the Board, they showed an intersection at the traffic light and
a right-in right-out eastbound entrance to Route 460. He advised that at the time that
the Kahn Development was approved, they reported that if the property was rezoned,
they would not need the right-in, right-out entrance.
In response to Supervisor Altizer's inquiry, Mr. Thompson advised that
stormwater will be managed by utilizing the existing stormwater pond which was built by
Integrity Windows. He advised that 70% of the Kahn Development stormwater will also
be directed to that site, and it was designed to handle all of the stormwater for the area.
October 24, 2006
885
Supervisor Altizer advised that this development is consistent with what is
happening on Route 460; that there are only four houses located there with the
businesses; this is where you want to encourage commercial development; and it fits
with the designation of the community plan for this area. He advised that to be able to
eliminate one exit and have two controlled entrances by traffic lights is a great
improvement for the citizens.
Supervisor Altizer moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS:
None
ORDINANCE 102406-6 TO REZONE 4.494 ACRES FROM R-1, LOW
DENSITY RESIDENTIAL DISTRICT, TO C-2, GENERAL COMMERCIAL
DISTRICT, FOR CONSTRUCTION OF RETAIL SALES BUSINESSES
LOCATED AT 3909 AND 3911 CHALLENGER AVENUE (TAX MAP NO.
50.01-1-3 AND 50.01-1-4), VINTON MAGISTERIAL DISTRICT UPON
THE APPLICATION OF THE REBKEE COMPANY
WHEREAS, the first reading of this ordinance was held on September 26, 2006,
and the second reading and public hearing were held October 24,2006; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on October 3,2006; 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
4.494 acres, as described herein, and located at 3909 and 3911 Challenger Avenue
(Tax Map Number 50.01-1-3 and 50.01-1-4) in the Vinton Magisterial District, is hereby
changed from the zoning classification of R-1, Low Density Residential District, to the
zoning classification of C-2, General Commercial District.
886
October 24, 2006
2. That this action is taken upon the application of The Rebkee Company.
3. That said real estate is more fully described as follows:
Tax Parcel- 50.01-1-3
Beginning at a point on the east line of U. S. Route 460, said point being 829.87'
south of the south line of Valley Gateway Boulevard (Rt. 757); thence leaving
the east line of U. S. Route 460 N 890 E 412.81' to a point; thence S 1052' E
390.15' to a point; thence S 790 42' W 135.67' to a point; thence N 380 11' 08"
W 249.47' to a point; thence N 760 51' 55" W 252.43' to a point on the east line
of U. S. Route 460; thence along the east line of U. S. Route 460 N 340 33' 29"
E 191.79' to the Point of Beginning, containing 3.148 acres.
Tax Parcel- 50-01-1-4
Beginning at a point on the east line of U. S. Route 460, said point being 618.37'
south of the south line of Valley Gateway Boulevard (Rt. 757); thence leaving
the east line of U. S. Route 460 N 790 08' 30" E 268.01' to a point; thence S 10
52' E 203.06' to a point; thence S 890 31' E 412.81' to a point on the east line of
U. S. Route 460; thence along the east line of U. S. Route 460 N 420 31' E
211.50' to the Point of Beginning, containing 1.346 acres.
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 Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
4. Second readina of an ordinance to rezone 4.1+ acres from AR.
Aaricultural Residential District. to C-2. General Commercial. and
CYOD. Clearbrook Yillaae Overlav District. and to obtain! special
use permit to operate! retail sales establishment with aross floor
area areater than 50.000 SQuare feet. aarden center. and minor
automobile repair facility on 41+ acres. located in the 5200 block
of Franklin Road. Stable Road. Clearbrook Lane. Sinaina Hills
Road. and Sunset Drive, Cave Sprina Maaisterial District, upon
October 24, 2006
887
the petition of Holrob Investments. LLC.
Deputy Director of Planninal
(Philip Thompson.
0-102406-7
Chairman Wray advised that he is aware that some citizens believe he
has a conflict of interest because he previously owned property in this area. He
reviewed his situation with the County Attorney and provided him with factual
background on his financial and real estate transactions. He reported that Mr. Mahoney
reviewed the Conflicts of Interest Act in the Code of Virginia with him. Chairman Wray
advised that these transactions occurred years ago and were completed before this
rezoning and special use application were filed, and he does not have any conflict of
interest. He also advised that he does not have a personal or financial interest in this
transaction; therefore, he will participate in the discussion and vote on this request.
Mr. Thompson advised that the petition of Holrob Investments LLC has
two requests before the Board which include (1) request to rezone approximately 4.1
acres from AR, Agricultural/Residential District, to C-2, General Commercial, and
CVOD, Clearbrook Village Overlay District, and (2) obtain a special use permit to
operate a retail sales establishment with a gross floor area greater than 50,000 square
feet, a garden center, and a minor automobile repair facility on approximately 41 acres.
Mr. Thompson advised that in December 2000, the Board amended the
community plan to include the design guidelines for the CVOD for citizen and business
owners. The design guidelines are a policy document that offers ideas and presents
888
October 24, 2006
desired standards for site layout, architectural treatments, landscaping, lighting and
signage. He reported that in December 2000, the Board also amended the zoning
ordinance text to include the CVOD which codified the design guidelines regarding
uses, landscaping, signage, building height, lot coverage, lighting, parking and utilities,
and rezoned approximately 133 acres to C-2, General Commercial, and CVOD.
Mr. Thompson advised that the CVOD prohibits certain uses and requires
a special use permit for other uses such as retail sales center over 50,000 square feet.
He advised that special uses were established in the CVOD to recognize that in addition
to uses permitted by right, certain uses may, depending upon their scale, design,
location, and conditions imposed by the Board, be compatible with existing and future
uses in the zoning district
Mr. Thompson advised that the proposed project includes: (1) anchor
retail store with 203,819 square feet; (2) garden center with 20,700 square feet; and (3)
minor automobile repair with 7,600 square feet. There will be two 16,000 square foot
retail buildings; three out lots; and 1,159 parking spaces. The anchor will have 949
parking spaces and 210 for the other two retail buildings.
Mr. Thompson advised that site plan and architectural renderings have
been submitted by the petitioner as well as building perspective views from various
points around the site. The petitioner has utilized architectural treatments such as
decorative mansard walls and gables and building articulation to break up the expanse
of the anchor store on all four sides. He reported that concern has been expressed
October 24, 2006
889
regarding rooftop mechanical and other equipment screening. He advised that the
mansard walls and gables will help shield some of this equipment.
Mr. Thompson advised that the CVOD contains requirements regarding
site design which include: (1) building heights are limited to 35 feet (principal structure);
(2) building coverage is limited to 50 percent of the total lot area; (3) lot coverage is
limited to 70 percent of the total lot area; (4) parking above the County requirement of
4.4 space per 1,000 which is 100 parking spaces has to be with porous pavement for
stormwater management and gravel is not an option; (6) each business is limited to
three signs; (7) fac;ade sign are limited to five percent of the fac;ade area of the wall; and
(8) freestanding signs are limited to seven feet in height or ten feet wide.
Mr. Thompson advised that staff has suggested the following conditions
for the special use permit: (1) The 41 +/- acre site shall be developed in substantial
conformance with the site plan prepared by Wolverton & Associates, dated October 13,
2006. (2) All buildings on the 41 +/- acre site shall be constructed in substantial
conformance with the architectural plans, including specific exterior materials and
colors, prepared by Perkowitz & Ruth, dated October 13, 2006. (3) All roof top
mechanical equipment shall be screened from view from the Blue Ridge Parkway and
U.S. Route 220. (4) All freestanding signs shall be constructed with materials and colors
that match the buildings, per the architectural plans prepared by Perkowitz & Ruth,
dated October 13, 2006.
890
October 24, 2006
Mr. Thompson advised that the petitioner has submitted an overall
landscaping plan and a detailed buffer planting plan behind the anchor tenant and
Singing Hills Road. He advised that the CVOD contains landscaping regulations
dealing with the height of shrubs and trees, utilizing native species, landscaping along
buildings, parking lots landscaping, landscaping around stormwater management
facilities, and signage.
Mr. Thompson advised that staff has suggested an additional condition be
added to the special user permit: (1) The 41 +/- acre site shall be developed in
substantial conformance with the landscaping plan prepared by Hill Studio, dated
September 26, 2006, and including the specific details shown on the "Singing Hills Rd
Landscape Buffer" plan prepared by Hill Studio, dated October 13, 2006.
Mr. Thompson advised that stormwater management will be handled by
several stormwater management ponds as indicated on the site plan. The design and
location of the ponds will be finalized during final site plan review and approved by the
County. Regional stormwater management and underground stormwater management
alternatives were explored as alternatives but were rejected. He reported that CVOD
requires that the stormwater management ponds be landscaped in order to create a
75% screening of the facility.
Mr. Thompson advised that questions came from the staff and the
Planning Commission regarding the details of proposed retaining walls around the
parking lot. Petitioner has submitted details of the retaining walls including a maximum
October 24, 2006
891
height of 12 feet, material and color to match the "Quick Brick" and color "Heritage" as
shown on the building elevations. He advised that staff is suggesting the following
condition be added to the special use permit: (1) All retaining walls shall have a
maximum height of 12 feet and shall match the exterior material "Quick Brick" and color
"Heritage" as shown on the architectural plans prepared by Perkowitz & Ruth, dated
October 13, 2006. Retaining walls within any required buffer yard shall not exceed 4
feet.
Mr. Thompson advised that CVOD limits the height of freestanding light
poles to 18 feet in height. All exterior lights, including security lighting, shall be down-lit
or shielded so as not to direct glare onto adjoining streets or residential properties. The
intensity at adjoining streets or residential properties shall not exceed 0.5 foot candles
which is the requirement in most residential districts.
Mr. Thompson advised that citizens and the Planning Commissioners
have inquired about potential noise from the development such as late night deliveries,
idling trucks, dumpster emptying, hours of operation and outside speakers. He reported
that the County noise ordinance addresses noise disturbances and limits them between
10:00 p.m. until 7:00 a.m.
Mr. Thompson advised that access to the site is provided via Clearbrook
Village Lane and relocated Stable Road. He advised that discussions have been held
with the citizens, Joe Wallace, the citizens' traffic engineer; Holrob's engineers, VDOT
and County staff concerning separation of the site traffic from the local traffic and
892
October 24, 2006
limiting truck and construction traffic from utilizing Stable Road. He advised that "Local
Traffic Only" signs are proposed for Stable Road and Clearbrook Lane and the existing
traffic lights along Franklin Road, Route 220, at Clearbrook Village Lane and Buck
Mountain Road will be utilized.
Mr. Thompson advised that in 2001, the intersection of Franklin Road and
Indian Grave Road was initially designed as a three-way intersection but the
intersection was redesigned to a four-way intersection to include the construction of
Clearbrook Village Lane to serve potential commercial development. During the traffic
signal design phase, a traffic impact analysis was conducted to study existing traffic
conditions and the traffic impact of a proposed development which included a large
retail store from 150,000 to 200,000 square feet as well as a proposed Department of
Motor Vehicles facility.
Mr. Thompson advised that the petitioner has submitted a traffic impact
analysis and the County hired Hayes, Seay, Mattern and Mattern (HSM&M) to review it
and provide comments. The main comments from HSM&M include the following: (1)
Geometric and operational improvements to public streets should be designed for six
years beyond the planned 2008 opening. (2) Recommended two left turn lanes instead
of one at Franklin Road and Stable Road intersection. (3) Added a note that the
developer is responsible for constructing road improvements associated with the
development. Mr. Thompson advised that VDOT is still in the process of reviewing the
October 24, 2006
893
traffic impact analysis and the County should have their comments by the end of this
week.
.
Mr. Thompson advised that staff had suggested that the following
conditions dealing with transportation be approved for the special use permit: (1)
Construction entrance shall be located at the Clearbrook Village Lane entrance as
shown on the site plan prepared by Wolverton & Associates, dated October 13, 2006.
(2) The developer shall be responsible for constructing reasonable and necessary off-
site improvements to the public road system, the need for which is substantially
generated and reasonably required by the development. (3) The Route 220/Stable
Road intersection and the new Stable Road alignment depicted on the site plan
prepared by Wolverton & Associates dated October 13, 2006 will be modified so that:
(a) The northernmost access to Stable Road located at the rear of the Anchor 1 building
will be eliminated. (b) Subject to VDOT approval, the Stable Road intersection will be
redesigned to safely separate neighborhood and commercial traffic with the traffic
engineer for the Singing Hills Road and Stable Road residents having an opportunity for
input in the redesign. (c) Trucks servicing the development on this 41 + acre site shall
not use Stable Road for ingress and egress. (d) Internal truck circulation on the site
shall be addressed and provided. (e) Pedestrian conflicts on the site shall be identified
and addressed. (f) An alternate entrance onto Route 220 northbound may be evaluated.
Mr. Thompson advised that this project will be served by public water and
sewer, and the surrounding zoning is C-2, General Commercial, with CVOD overlay and
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October 24, 2006
AR, Agricultural/Residential. Mr. Thompson advised that the surrounding land uses are
as follows: single family homes, commercial businesses, medical offices, a church,
Clearbrook Elementary School, and Clearbrook Fire & Rescue Station. He reported
that the Blue Ridge Parkway is approximately 900 feet from the project. He advised
that the property is designated core in the community plan which allows high intensity
urban development which includes planned shopping center and clustered retail uses.
He advised that the three parcels being proposed for rezoning are designated as
transition which encourages the orderly development of highway frontage proposals.
Mr. Thompson advised that a community meeting was held on September
13, 2006, at Clearbrook Elementary School with approximately 150 citizens attending.
He advised that the issues raised during the meeting included traffic, traffic
improvements, isolating site traffic from local traffic on Stable Road and Clearbrook
Lane, the reconstruction of Stable Road, school safety, screening, buffering, noise,
lighting, water and sewer connections, and stormwater management.
Mr. Thompson advised that the Planning Commission held a public
hearing on October 3, 2006, and nine citizens spoke, both in favor of and opposed to
the application. The concerns raised were traffic impacts, vehicle access, entrance on
Stable Road, the need to separate shopping center traffic from local traffic, the need for
additional site perspective drawings, noise, hours of operation, and lighting.
Mr. Thompson advised that the Planning Commissioners had questions
regarding fire and rescue service, landscaping, retaining wall elevations, grading,
October 24, 2006
895
stormwater detention, signage, dumpster screening, hours of operation, and overnight
parking. The Planning Commission recommended approval of the rezoning request by
a five to zero vote and approved the special use permit with the four conditions
proposed by staff by a vote of four to one. It was also their understanding that staff
would work with the petitioner to resolve the Stable Road access issue and evaluate the
11 conditions proposed by citizens and incorporate them if feasible.
Mr. Thompson advised that staff recommends the nine conditions that he
has already described be placed on the special use permit. He advised that he would
be glad to answer questions at this time.
Supervisor Wray asked Mr. Thompson to explain the statement by
HSM&M on the traffic analysis report which stated that the recommended improvements
to the public streets should be designed not only for Wal-Mart but for a six-year build-
out. Mr. Thompson advised that VDOT is in the process of preparing draft regulations
which include a six-year window for their traffic impact analysis to look beyond the
opening day of operations to review the surrounding traffic patterns and how they might
change. He reported that the HSM&M report suggested that these draft regulations be
used for this project.
Supervisor Wray inquired if the developer must construct the road
improvements as a condition. Mr. Thompson advised that this was correct and these
improvements are reasonable and necessary for the development.
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October 24, 2006
Supervisor Church advised that several years ago, the Board reviewed the
CVOD and he inquired if staff looked at a potential traffic study at that time for a
100,000 plus square foot project. Mr. Thompson advised that it was his understanding
that when this intersection was being designed, they looked at the traffic impact on the
surrounding property that would feed into that intersection and as part of that analysis, it
looked at a retail development somewhere between 150,000 and 200,000 square feet of
retail use and a proposed DMV center so that this would be designed to handle the
traffic generated. Supervisor Church advised that he was concerned about the
numbers because the CVOD proposes developments of not more than 50,000 for
individual use. Mr. Thompson advised that if this area were developed, they looked at
whether the intersection could be designed to handle a development of that size.
Supervisor Church inquired if at that time more than one development was being
reviewed. Mr. Thompson advised that he was not sure if there was more than one
development. Supervisor Church inquired if anyone present knew the grade
percentage on Route 220 from the Blue Ridge Parkway southbound. Mr. Thompson
advised that he did not know this information and there was no one present who did.
Mr. Thompson advised that he believed it might be greater than 15%; however, it could
be less. Supervisor Church inquired as to what would be the percentage for grade
factors in a new development area that would be considered safe concerning the
number of vehicles per day. Mr. Thompson advised that he did not know the
percentage grade.
October 24, 2006
897
Supervisor McNamara inquired as to how the truck traffic will enter and
exit the development if the northernmost access to Stable Road is eliminated. Mr.
Thompson advised that truck traffic will use Clearbrook Village Lane, and that Stable
Road will be realigned.
Supervisor Wray advised that the northernmost access to Stable Road
was where 69% of the traffic was projected. Mr. Thompson advised that coming down
Clearbrook Lane, the traffic was projected at 54% and 15% was from Bent Mountain
Road, so the majority of the traffic would access Wal-Mart and the other stores.
Supervisor Wray commented that the bulk of the traffic is projected to use the first
entrance but there would be a second entrance at Clearbrook Village Lane, and there
would also be the truck traffic. Supervisor Wray inquired about the number of trucks
projected per day. Mr. Thompson advised that he did not know that information.
Supervisor Altizer advised that there would be 54% of the traffic coming
down Franklin Road and 15% from Buck Mountain Road which is 69% of the total
traffic. He asked if it was part of the VDOT plan to have two left lanes turning into
Stable Road at the exit. Mr. Thompson advised that was correct. Supervisor Altizer
inquired if it was correct to assume that with 69% of the traffic and the stack-up lane that
would go up Route 220, 69% or 70% of the traffic would never pass the school. Mr.
Thompson advised that this was correct.
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October 24, 2006
Supervisor Church advised that he is concerned about the traffic going
past the Clearbrook Elementary School, and he believes that it will be more and not
less. He advised that there is a Wal-Mart near his district and on non-holiday shopping
days, the traffic is unbearable and during the holiday shopping season, it is impossible.
He advised that a traffic dilemma already exists in this area, and he is concerned that
Clearbrook Elementary School has little frontage and no safety barriers to Route 220.
His statement is that the traffic moving past the school will not be a reduction but will be
increased. He advised that he is not clear about the content of the letter from HSM&M
concerning the traffic study, and he wanted staff to interpret the letter. Mr. Thompson
advised that representatives from HSM&M were present and would be able to answer
questions.
Ms. Goodlatte, speaking on behalf of Holrob Investments LLC, advised
that they want to develop a shopping center on Route 220 in Clearbrook. They have
assembled approximately 42 acres for this center and all except four acres are already
zoned C2, Commercial, and are within the CVOD. She advised that the developer is
requesting that the remaining four acres be zoned C2-CVOD, and because the CVOD
requires a special use permit if the proposed building exceeds 50,000 square feet and
includes a garden center and tire and lube center, they are also seeking a special use
permit for those purposes. She advised that the intended anchor for the center is Wal-
Mart. Ms. Goodlatte advised that Wal-Mart-approved architects and engineers have
been working on the details of the project for many months, and these details have
October 24, 2006
899
been modified to be responsive to the concerns of staff, County officials, VDOT and
neighbors. She advised that she would point out some of the changes that have been
made as the project has progressed.
Ms. Goodlatte advised that the concept plan outlines how the
development is laid out, and the CVOD requirements regarding set backs and
landscape buffers are shown on the plan. The Wal-Mart store will have a finished floor
elevation that ranges from approximately 13 feet to 44 feet below the grade of Stable
Road, and at the other end of the development, grades will be approximately 37 feet
above the elevation at the intersection of 220 and Clearbrook Village Lane. She
advised that the development will be tucked behind the Singing Hills residents and
because it will need to be built up at the other end, there will be some retaining walls.
Ms. Goodlatte advised that between the Planning Commission public
hearing and today's public hearing, the developer has been working with staff to
address the maximum height and appearance of the retaining walls. She advised that a
condition has been recommended which deals with retaining walls stating that they can
be no more than 12 feet high and must match the colors listed on the filed architectural
plans. Since the staff and developer thought it might be helpful, they provided
illustrations showing views of the retaining walls from where they could be the most
visible which is from the intersection of Route 220 and Clearbrook Village Lane, and
from the upper end of the site and Stable Road. She advised that these illustrations
provide a sense of how the buildings will fit in under the road.
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October 24, 2006
Ms. Goodlatte advised that a two-part landscaping plan is being presented
because the CVOD has rigorous landscaping standards and requirements. These
standards are shown on the landscape plan and include perimeter landscaping, interior
parking lot landscaping, detention facility landscaping, building facade landscaping and
sign landscaping. She reported that because this site is in view of the Blue Ridge
Parkway, the developer met with the Parkway and developed a landscape plan that not
only provides buffering for the Singing Hills neighbors but provides a reforestation plan
for the benefit of Parkway travelers. She reported that the developer is very pleased to
have the support of the Blue Ridge Parkway and the support of Friends of the Blue
Ridge Parkway for its efforts.
Ms. Goodlatte advised that much time was spent by the Wal-Mart
architects on the design and appearance of the building. She reported that Justin Eder,
architect, was asked by Wal-Mart to study the architecture of the Roanoke Valley and
base his designs on the community. His initial designs were critiqued by County staff
and officials, and changes were made before being unveiled at the community meeting.
The final elevations are presented tonight and provide architectural interest, detail,
variety and the appearance of numerous smaller shops rather than one At the request
of staff and County officials, additional architectural detail was added to the rear
elevation, and at the request of a member of the Planning Commission, the blue color in
previous elevations was changed to forest green.
October 24, 2006
901
Ms. Goodlatte advised that the developer has made it a priority to address
legitimate concerns and requests for all issues including traffic as this plan has moved
forward. The original site plan addressed Stable Road's two points of access with the
first one being a right/in and right/out and the second being full access. At the
community meeting, neighbors were concerned that the shopping center traffic could
travel north on Stable Road if it could not easily exit to the light at Route 220. She
advised that this was a legitimate concern and the developer's engineers worked on
alternate designs. She reported that the design presented tonight represents the latest
approach which is still being studied by VDOT. Ms. Goodlatte advised that they are
aware that this alignment remains a concern to neighbors which makes it a concern for
Holrob. They recognize that VDOT has and should have the final say in traffic design
decisions and that safety has to be the primary concern.
Ms. Goodlatte advised that the concerns they are hearing from the
neighbors, which includes elimination of the second access point onto Stable Road and
separation of neighborhood traffic from shopping center traffic, are concerns the
developer would like to accommodate. Staff has recommended an additional condition
tonight to address these issues and the developer believes they can work those through
with Wal-Mart. She reported that Holrob does not oppose the imposition of the
additional condition. Ms. Goodlatte advised that dealing with the Stable Road issues by
approving the condition recommended by staff allows the planning for this project to
move forward. It is critical at this juncture to move forward because there are 13
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October 24, 2006
property owners who have to make their plans and the developer has additional work
that needs to be done for the project to remain on track and on schedule.
Ms. Goodlatte advised that the developer and its engineers have been
working in good faith with County and VDOT personnel and with the traffic engineer
engaged by the Stable Road and Singing Hills residents. The developer's goal is and
always has been to have the best engineering solutions to traffic design and
management for this development. VDOT dictates what must be studied, how those
traffic studies must be updated or revised, and how road improvements must be
designed. The developer must do what VDOT directs. She reported that there are
already limitations associated with this intersection, and the developer is willing to work
with the additional condition recommended by staff as the specifics of Stable Road
access are addressed.
Ms. Goodlatte advised that they are pleased that the Planning
Commission recommended approval of the rezoning and the special use request. She
reported that this approval was given with the understanding that VDOT approval of
road entrances and designs is yet to be made.
Ms. Goodlatte advised that Holrob is requesting a special use permit to
approve the 203,000 square foot anchor store, a garden shop, and tire and lube service
as provided within the CVOD. She advised that it is important to note that a retail
building greater in size than 50,000 square feet is not prohibited as other C-2 uses are
in the CVOD; however, it is allowed with a special use permit. The process of obtaining
October 24, 2006
903
a special use permit ensures that the public has an opportunity to be aware of and
discuss the requested use before it can happen. There are many such instances in the
County Code where uses are allowed if a special use permit is obtained. She advised
that this process allows appropriate conditions to be placed on the use if the Board so
determines.
Ms. Goodlatte advised that 90% of the property being discussed tonight is
already zoned commercial, and the County's community plan designates these parcels
as core. She explained that core properties are those specifically identified as
appropriate for high intensity urban development including larger-scale highway
oriented retail uses and regionally-based shopping facilities. These are the locations
the County wants developers to use for purposes like the ones being discussed tonight.
Ms. Goodlatte advised that this request represents an opportunity to
facilitate a comprehensive development for these properties in a fashion consistent with
CVOD guidelines. This approach avoids piecemeal development of these commercially
zoned parcels and allows a national company with a history of working with its
communities to move forward with plans for a new store in Clearbrook. Ms. Goodlatte
introduced the following individuals who are working on this project: Robyn Askew and
Ned Vickers, Holrob Investments; Budd Cullom, Cullom Properties, developers; Theo
Stone, Wolverton Associates, civil engineers; Justin Eder, Perkowitz and Ruth,
architect; and Jay Clapp and Ramey Kemp, Ramey Kemp and Associates, traffic
engineers. She advised that they would be happy to answer questions.
904
October 24, 2006
Supervisor Wray inquired if it was necessary to screen 75% of the
stormwater maintenance. Ms. Goodlatte advised that the CVOD requires that 75% of
all stormwater be screened and also discusses the plantings that need to be provided.
Supervisor Wray inquired if there had been discussions concerning a regional
stormwater facility. Ms. Goodlatte advised that they expressed to the County staff that
they would be interested in participating in a regional stormwater system and provided
staff with preliminary grading plans so it could be determined whether a regional
stormwater facility could handle this project as well as other projects in the Clearbrook
area. She reported that the analysis shows that a regional stormwater facility would
most likely only be sufficient to serve this site and consequently the County's interest
was diminished because the developers are obligated to take care of their own
stormwater requirements. She advised that if the opportunity arises for participation in a
regional stormwater facility, the developer would definitely be interested.
Supervisor Wray advised that the retaining wall was originally 27 feet but
has been reduced 12 feet, and he inquired if it could be further reduced. He also
inquired if landscaping would be placed on the top and along the wall, and if the highest
point would be at the corner of Route 220 and Clearbrook Village Lane. Ms. Goodlatte
advised that they thought it would be helpful to model what this would look like and they
provided pictures and drawings. She advised that one end of the project needs to be
raised and that is where the retaining walls are needed. She advised that the project
will be attractive because the County asked them to proffer the colors, material,
October 24, 2006
905
maximum height of the retaining wall coupled with the landscaping requirements
associated with the retaining wall.
Supervisor Wray inquired about the screening and landscaping for Singing
Hills Road and the Blue Ridge Parkway. He advised that they received letters of
support for the project from Philip Francis, Superintendent of the Blue Ridge Parkway
and Friends of the Blue Ridge Parkway. Supervisor Wray inquired if the cut slope
would be 40 feet from the property line. Ms. Goodlatte advised that this was correct.
Ms Goodlatte advised that staff asked the developer to attach the landscape plan so it
would be very clear what would be expected in the buffer. It was also important from
the Parkway and citizen views that they keep the existing vegetation, provide under
plantings and preserve the forest restoration.
Supervisor Wray advised that citizens who live in the area reported that
there were discussions about having a higher berm in certain places. Ms. Goodlatte
advised that the plan has been carefully designed and the berm's height is two-feet
which is a eVOD requirement. She reported that staff informed her that having a higher
berm requires a greater area of slope and disturbance and provides less opportunity to
take advantage of existing plantings. She advised that both Hills Studios and staff have
recommended that the berm be provided at the place shown to enhance landscaping.
She advised that the Blue Ridge Parkway has viewed and approved of this plan which
was completed by a certified landscape architect. Supervisor Wray advised that he
thought there might be some areas where they may want to increase the berm to
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October 24, 2006
provide more screening. Ms. Goodlatte inquired if Supervisor Wray would like to talk to
staff about the implementation of a higher berm. Supervisor Wray advised that he
would ask about this later in the meeting.
Supervisor Flora advised that most of the questions which were raised at
the Planning Commission meeting have been addressed by Ms. Goodlatte; however,
one of the questions was about the color. He advised that he had difficulty ascertaining
if they are using the traditional Wal-Mart blue or green. Ms. Goodlatte advised that they
are using green. Supervisor Flora advised he was delighted with green because he
recently viewed two Wal-Marts which were green and they had better appearances. He
also commended the architect for his unique design for the Wal-Mart.
IN RE: RECESS
IN RE:
Chairman Wray declared a ten minute recess at 8:30 p.m.
PUBLIC HEARING
The following citizens spoke in support of granting the rezoning and
special use permit because of the following comments: (1) the area is going to be
developed; (2) the Wal-Mart project is the best economic development that has been
presented; (3) Wal-Mart will be a good neighbor creating jobs and incomes; (4) Holrob
Investments has worked well with the citizens to resolve their concerns; (5) Wal-Mart
will attract other businesses to the area; (6) more tax revenue will be produced; and (7)
the Blue Ridge Parkway has approved of the project. These citizens were: (1) Joyce
Harmon, 5256 Clearbrook Lane; (2) Donald Minnix, 5248 Clearbrook Lane; (3) Bonnie
October 24, 2006
907
Dodson, 5251 Amanda Lane; (4) Chris Craft, 1501 East Gate Avenue; (5) Alice Ann
Davis Foutz, 5276 Sunset Drive; (6) Frank Hodges, 260 Weaver Street, Rocky Mount;
(7) Ben Foutz, 6065 Chagall Drive; (8) Renee Tatum, 52165 Clearbrook Lane; (9)
Robby Tatum, 5216 Clearbrook Lane; (10) Harry Norris, 5346 Amanda Lane; (11)
Robert Young, 5266 Sunset Drive; (12) Tim Wright, 2350 Highland Road; (13) Ken
Wright, 2324 Highland Road; (14) Norman Lewis, 5442 Indian Grave Road,
representing citizens who own parcels of real estate; and (15) Liz Dowdy, 3030 Belle
Avenue.
The following citizens spoke in opposition to granting the rezoning and
special use permit because of the following comments: (1) safety issues due to
increased traffic in the area; (2) Stable Road could be used as a cut-through to Route
220; (3) effects on Clearbrook Elementary School; (4) preservation of the rural character
of the Clearbrook community; (5) the development does not fit within the vision of the
CVOD; (6) Wal-Mart is not needed due to other stores in the area; (7) Wal-Mart sells
guns and ammunition; (8) Wal-Mart's reputation for leaving sites vacant, bringing crime
and violence to a community, and (9) Wal-Mart's violation of labor laws. These citizens
were: (1) Cydney C. Willis, 5250 Singing Hills Circle; (2) Kirk Treubert, 4520 Summerset
Circle; (3) Polly Branch, 6928 Crowell Gap Road; (4) Everett Ward, 5135 Crossbow
Circle; (5) Vanessa Bertka, 5991 Franklin Road; (6) LeRoy Harris, 5068 Stable Road;
(7) Dr. Resk, 5303 Clearbrook Village Lane; (8) Kristina Bishop, 6359 Back Creek
Road; (9) Becky Sackett, 5251 Singing Hills Road; (10) Angela Nordbert, 6840
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October 24, 2006
Hofawger Road, Soones Mill; (11) Thomas Jones, 6639 Suncrest Drive; (12) Mike
Jeffrey, 6075 Cezanne Court; (13) Lloyd Campbell, Jr., 5058 Stable Road; (14) Debbie
Thompson, 5148 Singing Hills Road; (15) Garry David Goad, 7885 Penwood Drive; (16)
Melissa Warp, 405 Albemarle Avenue; and (17) Kristin Peckman, 8131 Webster Drive.
Several of the above citizens who spoke in opposition requested that if the Board voted
to approve this item, they place all of the conditions suggested by the citizens and staff
on the special use permit.
In addition to the citizens listed above, the following individual also spoke
regarding this item.
Karen Pendleton, 4379 Rock Garden Lane, principal, Clearbrook
Elementary School, advised that while the increased tax revenues could benefit the
schools, she has concerns about the increased traffic on Route 220 and the
development being located so close to the school. She asked that the Board not forget
about how this development could affect the school and stated that she thought a
barrier should be placed between the school and Route 220.
John Hale, 5240 Singing Hills Circle, advised that he was not in favor of
the Wal-Mart development; however, he understands that it may be built. He advised
that he is concerned about the traffic problems and requested that this item be delayed
until more definite information from VDOT can be obtained.
October 24, 2006
909
David Willis, 5250 Singing Hills, representing the citizens on Stable Road
and Singing Hills Road, advised that they consulted with Holrob Investments to realign
Sable Road to separate the residential and commercial traffic. He advised that the six
conditions for the special use permit addressing the concerns about Stable Road were
acceptable to the residents. In response to Supervisor Church's inquiry, Mr. Willis
advised that he represented the citizens who lived at 25 residences.
Annie Krochalis, 9428 Patterson Drive, representing the Sierra Club.
advised that she has many concerns about the project including upholding the integrity
of the CVOD, traffic issues, and no clarification from VDOT on the commercial
entrances has been received. She advised that since there have been significant
changes made to the plan since the Planning Commission meeting, it should be
returned to them for further review.
Pam Berberich, 6679 Mallard Lake Court, advised that the Board has
three options which included voting yes, deny, or postpone the decision until they have
more information. She stated that she feels if the Board approves the petition, the case
will end up in the court system. She advised that since this was not the same plan as
presented to the Planning Commission on October 3, 2006, it has to be returned to the
Planning Commission for further review according to the Code of Virginia sections
which she read.
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October 24, 2006
Steve Noble, 5376 Canter Drive, advised that he is a professional real
estate appraiser. He reported that while researching this development, he discovered a
proffer which was granted by Dr. Roger Weaver on one of the parcels of land in this
action stating that it would be used only for a golf course, and he advised that that this
proffer had not been removed from the property. Mr. Noble requested that the petition
be returned to the Planning Commission because of this proffer. He stated that he felt
this was a bad plan and it is inconsistent with the CVOD.
Joe Wallace, 1906-A North Hamilton Street, Richmond, advised that he
has been retained by residents of Stable Road and Singing Hills Road to represent
them regarding their traffic concerns. He advised that the traffic plan has not been
finalized, and he will continue to work with the citizens until it is accepted.
Chris Alouf, 5160 Singing Hills Road, advised that he had no vested
interest in the project unlike some of the residents who spoke in favor of it. He
requested that the Board accept the original eleven Clearbrook community proffers as
well as the additional proffers concerning Stable Road and Singing Hills Road. He gave
a copy of the requested proffers to the Deputy Clerk. Mr. Alouf requested that the
Board continue this item until the VDOT traffic study could be reviewed by the Board.
IN RE: RECESS
Chairman Wray closed the public hearing and declared a ten minute
recess at 11 :20 p.m.
October 24, 2006
911
INRE:
DISCUSSION BY THE BOARD MEMBERS
Chairman Wray expressed appreciation to the citizens for the orderly
manner in which they stated their comments during the public hearing.
Supervisor Church expressed his appreciation to the citizens who
attended this long meeting. He advised that when he began attending the Board
meetings in 1999 when he was first running for office, he learned a valuable lesson to
listen to the people and do what you feel is right in your heart for the citizens whether
anyone agrees with you or not. It takes a long time to develop trust but only a few
minutes to lose it. He advised that when he voted to approve the CVOD in 2000, he
gave the citizens his word that he would keep the area as village. He understands that
developments above 50,000 square feet are not prohibited by the CVOD but in his
mind, he understood what he thought the citizens wanted from the overlay. He also felt
that when the Board approved other ordinances and resolutions concerning Clearbrook,
it gave the citizens a sense of peace and serenity and they were able to relax and not
be on their guard. He advised that changes will occur but there are too many
unanswered questions concerning traffic and safety for him to support this issue tonight.
He advised that he agrees that while Holrob has tried to consider every legitimate
concern, the real issue is the dangerous situation on Route 220 and this development
will only make it worse.
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October 24, 2006
Supervisor Church advised that he does not see the problem as more
crime or lack of cooperation with the City of Roanoke but the real problem is that the
school buses, tractor trailers and traffic will be driving over the hill and if there are
weather problems, accidents will occur. He advised that he is concerned that while this
issue has been ongoing for months, the Board still does not have complete traffic
information. He does not feel the traffic information is being hidden because he knows
that it is hard to pinpoint and there is always more congestion and traffic where changes
occur. He advised that he would vote not to approve this issue tonight because there
are so many unanswered questions. He advised that the only way he would feel
comfortable voting yes would be to retain the village concept and resolve the safety
issues. He advised that if this item is approved, he wants it to be successful and the
citizens satisfied; but he does not know how this can happen unless there are answers
to the many remaining questions. He advised that almost every concern has been
addressed tonight except for the one underlying issue of the perception of the
community about having this very large-size building in their area. He advised that
when he voted in 2000 to approve the CVOD, he gave the citizens his word and he is
going to keep his word. He does not believe that tonight is the time to make a decision
on this project, and he is sorry if the time table runs out for any of the citizens involved.
He advised that he cannot in good conscience put a yes vote on this item and have one
fatality that would not have happened if the vote had gone the other way. He advised
October 24, 2006
913
that he is not against Wal-Mart but knows that the traffic is going to be a major problem
in the area.
Supervisor Altizer advised that he has visited the property five times in the
past five days. He advised that the Supervisors will vote with their heart and a vote for
or against is not directed at anyone group. He was not on the Board in 2000 when the
CVOD was approved, but he understands that it was brought forth by a united group.
He advised that tonight this group of citizens is divided by their philosophy of change.
He advised that there is no doubt that there will be increased traffic on Route 220 but
VDOT has not said that you better not do this, you will kill people or there will be terrible
accidents. He advised that it is the responsibility of VDOT to determine signalization,
turns, and number of lanes.
Supervisor Altizer stated that this is not about whether or not you like Wal-
Mart. He advised that trucks using Stable Road were a grave concern for him and as
he heard from the gentleman representing 25 homeowners on Singing Hills Road that
they approved of the additional proffers, he felt this brought about solutions that they
had desired for a long time. He advised that he has visited the Wal-Mart on Challenger
Avenue and he does not see the plantings and type of structure that were required. He
advised that he believes the CVOD has worked and the exception to the above 50,000
square foot development was approved for a reason. He advised that the CVOD had
been approved for almost six years and he questioned why individual businesses have
not been located there. He advised that he did not believe that you could create this
914
October 24,2006
type of development from 17 different parcels; however, other than meeting the CVOD
guidelines, those 17 businesses could have located there with no public input. He
questioned if the smaller developments could have accomplished all of the things that
the community desired. He advised that he was very disturbed about truck traffic on
Stable Road but he was not concerned about the parkway viewshed because the Blue
Ridge Parkway has stated that they have worked with the developer and they are
satisfied. He advised that the Friends of the Blue Ridge Parkway sent each Supervisor
a letter of support and believe the development will positively affect the area. He
advised that he believes the best plan for development is the one being presented
tonight and that no plans for development have come before the Board during the last
six years in any manner. He advised that most of the citizens' concerns have been met.
He advised that if there were worries about Wal-Mart increasing crimes, it would be
happening at the Challenger Avenue Wal-Mart and citizens would be here to speak to
that issue also. He believes that this is probably the best project for this area and he
will be supporting the project tonight. He respects each of the citizens who came to the
meeting as well as those who spoke.
Supervisor Wray inquired about the conditions that would apply to the
monument sign that would be placed on the property. Ms. Goodlatte advised that the
monument sign would have to comply with the CVOD ordinance which is more
restrictive than the C-2 regulations. Supervisor Wray inquired whether the color of the
monument sign would match the building. Mr. Thompson advised that one of the
October 24, 2006
915
conditions being suggested is that all free-standing signs will be constructed with
materials and colors that match the building per the architectural plans prepared by
Perkowitz & Ruth dated October 13, 2006. Supervisor Wray advised that the noise
ordinance was mentioned earlier but he inquired if there are any restrictions on the
trucks idling. Ms. Goodlatte advised that the trucks will be subject to the noise
ordinance but it is Wal-Mart's policy that all of their trucks be retrofitted with new
generators for a no-idling policy which allows the trucks to keep quiet behind the
buildings. Supervisor Wray inquired about the hours that the dumpster will be emptied
during the day. Ms. Goodlatte advised that the dumpsters are inside of the building.
Mr. Eder advised that Wal-Mart will have two compactors concealed inside the building
so that any noise generated can be contained.
Supervisor Wray advised that it seemed to be a policy of Wal-Mart or
perhaps they merely allow it but he is concerned about the overnight parking of
recreational vehicles. Ms. Goodlatte advised that this question came up during the
Planning Commission public hearing, and she spoke with the manager of the Wal-Mart
at Hunting Hills Plaza who advised that this is more of an urban legend and there is no
Wal-Mart policy to allow this practice. She advised that it was described to her as a
"Good Samaritan" policy; however, there is no Wal-Mart policy that will allow people to
park overnight on their parking lots. Supervisor Wray inquired of Mr. Mahoney if this
practice could be controlled by a condition. Mr. Mahoney advised that the simplest way
to enforce no-overnight parking would be to contact the County police officers who will
916
October 24, 2006
treat it like any other traffic violation. Mr. Mahoney advised that the owner of the
property would have to call the police to enforce the violation which would be
trespassing in their parking lots. Mr. Mahoney advised that a less effective method of
enforcement would be to use the zoning official; however, this realistically does not fit
within our system because the County does not have many zoning enforcement officials
and they are not working at the times that various zoning violations occur. Mr. Mahoney
advised that he did not want to give a false sense of security that this could be
controlled using the County police because of the issues of manpower and staffing. Ms.
Goodlatte advised that she has been assured by Wal-Mart that they police their parking
lots, and it is of great concern to them that any activity that should not be taking place
on their property is handled appropriately.
Supervisor Wray inquired if all roof top mechanical and other equipment
shall be screened, and Mr. Thomson advised that this was correct. Supervisor Wray
advised that he felt there was some validity to the Singing Hills Road neighbors'
concern about the landscaping plan where in certain places there may be more than a
two-foot berm. Ms. Goodlatte advised that Supervisor Wary may be referring to the
request by some citizens that the two-foot berm on the back end be increased to a ten-
foot berm. She reported that this question was studied earlier and it was decided that
the two-foot berm with the plantings shown was the way to achieve less land
disturbance which affords the best opportunity for quick, healthy, sustained growth. She
advised that the landscape plan has been reviewed and approved by the Blue Ridge
October 24, 2006
917
Parkway and Friends of the Blue Ridge Parkway so she would be reluctant to change
the plan at this time. Mr. Thompson explained the provisions in the zoning ordinance
for requiring berms on slopes, and advised that if the landscape plan is part of the
conditions and if it is changed, the plan would have to be redesigned. Mr. Thompson
advised that he questioned if they should use fill material to create higher berms which
would cover the existing vegetation. Supervisor Wray advised that if this item is
approved, he would expect the developer to work with the citizens to make whatever
adjustment they can to the berms without changing the conditions or landscape plan.
Ms. Goodlatte advised that Holrob would be willing to work with staff, citizens, and the
Blue Ridge Parkway to make some minor adjustments but since staff has
recommended that the landscape plan be a condition, her preference would be to leave
the condition as it is presented. Mrs. Goodlatte advised that the Planning Commission
devoted a great deal of time working through the landscape plan and urging them to not
cut and berm larger then the CVOD requirement. She advised that Holrob would be
willing to work with the citizens and County to make minor adjustments if necessary
within the confines of general conformity with the plan which is a condition on the
special use permit. Supervisor Wray advised that he was not requesting the plan be
changed but he would ask that the developer work with the citizens if minor changes
could be made that have not been recognized by the landscape plan.
918
October 24, 2006
Supervisor Wray inquired if there would be any lights on top of the
building. Mr. Eder advised that the only light sources would be for emergency purposes
of exiting the building. He advised that they will have wall packs on the building sides
for security reasons. He advised that there are no light sources on the roof; that the
only light will be from the Wal-Mart sign; and all other signs will receive light from the
parking lot.
Supervisor Wray asked Mr. Thompson to read the proposed condition 9
for the special use permit which was presented at this meeting so that everyone would
have a clear understanding of this information. Mr. Thompson read the condition as
follows: The Route 220/Stable Road intersection and the new Stable Road alignment
depicted on the site plan prepared by Wolverton & Associates dated October 13, 2006
will be modified so that: (a) The northernmost access to Stable Road located at the rear
of the Anchor 1 building will be eliminated. (b) Subject to VDOT approval, the Stable
Road intersection will be redesigned to safely separate neighborhood and commercial
traffic with the traffic engineer for the Singing Hills Road and Stable Road residents
having an opportunity for input in the redesign. (c) Trucks servicing the development on
this 41 +/- acre site shall not use Stable Road for ingress and egress. (d) Internal truck
circulation on the site shall be addressed and provided. (d) Pedestrian conflicts on the
site shall be identified and addressed. (f) An alternate entrance onto Route 220
Northbound may be evaluated.
October 24, 2006
919
Supervisor Flora asked Scott Hodge, representative from HSM&M who
reviewed the traffic study, to respond to a question given to him by a citizen who was
watching the meeting on the fourth floor. Supervisor Flora inquired if any traffic studies
had been made to show the impacts of the higher volume of traffic on the other end of
Clearbrook Lane. Mr. Hodge advised this was not included as part of the study.
Supervisor Flora asked Mr. Hodge if he would estimate the impacts based upon his
experience and knowledge of the area. Mr. Hodge advised that based upon his
experiences with VDOT and as a designer, the actual road itself would not be conducive
as a cut-through and most people would take a right onto the new road at Clearbrook
Village to enter the facility; however, he advised that there may be some u-turns made
by southbound traffic.
Supervisor Flora asked Mr. Mahoney if he had any information about the
proffer that was brought up earlier in the meeting that had not been removed on one of
the parcels being considered. Mr. Mahoney advised Mr. Noble was referring to a 1986
rezoning by the Board of an approximately 18 acre parcel; the petitioner was Dr. Edgar
Weaver; and there were several proffers made. He advised that the current owner is
Evangel Foursquare Church. Mr. Mahoney advised that the key proffer deals with a
limitation of the proposed development to a golf driving range and miniature golf course.
He advised that he believes that the 1986 rezoning had been changed in the past and
those proffers repealed; however, he has been unable to find the action. He advised
that there had to be at least two historical zoning actions on this property because it was
920
October 24, 2006
rezoned to B-2 with a special exception which was before the 1992 change in the
zoning ordinance, and in 2000 this property was rezoned from AV to C-2. He advised
that he is comfortable that the 1986 action and those limitations are no longer applicable
and believes the historical record with more research will lead to that conclusion. He
advised that the GIS record for that parcel shows the current zoning as C-2/CVOD but it
also refers the 1986 action for zoning conditions. He advised that this may be a
historical error that was transferred into the GIS and is no longer accurate or applicable.
Supervisor Flora advised that he thought it highly unlikely that three rezonings could
have been approved without correcting the proffer.
Supervisor Wray inquired about the number of deliveries by trucks at Wal-
Mart. Ms. Goodlatte advised that Wal-Mart provided this information for the past seven
days at the Valley View Wal-Mart; there have been 33 trucks consisting of 18 non-
grocery and 16 grocery trucks which is less than five trucks per day.
Supervisor McNamara advised that many of the questions he wanted to
raise have already been answered. He advised that the CVOD was granted in
connection with water and sewer and intersection improvements, and essentially
approval of the CVOD determined that the Clearbrook area was suitable for commercial
development. He advised that while he does not particularly like Wal-Mart, he shops
there for the cheaper prices, and their impact on small businesses across the country
for the past 15 years has been significant. He advised that the reality of the situation is
that Wal-Mart is here to stay. He advised that to have this number of citizens present at
October 24, 2006
921
12:20 a.m. shows their interest in this development. He advised that although some
have a financial interest in the project and it will bring in more revenues for the County,
this is not a money issue for him. He advised that the design of the development and
the interactions with the developer have been terrific. He advised that when you have
the opportunity to rezone or approve a special use permit, it gives the Board the
opportunity to put together projects with positive impacts. He advised that he would not
be in favor of granting any subsidies; however, he believes that this is a commercial
area and the development is appropriate for the CVOD.
Supervisor Flora commented that there are two issues to be considered,
with the first being the rezoning to C-2 and the second being the special use permit to
allow a larger than 50,000 square foot building with conditions. He advised that the
question for the rezoning would be: Is C-2 the highest and best use for this property?
He advised that since 90% of the property is already zoned C-2 and has been for quite
a long time, the answer is yes. He advised that the question for the special use permit
would be: Is it consistent with the intent and regulations in the CVOD? He advised that
since there is a provision in the CVOD to allow for a larger building and it was
determined earlier that because larger buildings may be appropriate within the CVOD,
that provision was added. He advised that the next question would be: Is the special
use permit appropriate and are the conditions sufficient to protect the area and the
neighborhood without intentionally killing the project? He advised that there were
approximately 40 people who spoke, and there are citizens on both sides of the issues;
922
October 24, 2006
however, he feels that many of the people who are directly affected by this development
and live within sight of the project seem to be supportive. He advised that it is not the
Board's responsibility to determine whether a Wal-Mart, Home Depot, or shoe store are
appropriate for specific sites; the Board's responsibility is to determine if the property is
appropriate to be used for any legitimate retail use. He advised that although he agreed
that Wal-Mart has destroyed shopping areas of downtowns and small towns, he also
shops there for the cheaper prices. He advised that he has concluded that the rezoning
and the special use permit with conditions are appropriate.
Supervisor Flora moved approval of the ordinance to rezone
approximately 4.1 acres from AR, Agricultural Residential District, to C-2, General
Commercial, and CVOD, Clearbrook Village Overlay District, and to obtain a special use
permit to operate a retail sales establishment with gross floor area greater than 50,000
square feet, garden center, and minor automobile repair facility on approximately 41
acres, located in the 5200 block of Franklin Road, Stable Road, Clearbrook Lane,
Singing Hills Road, and Sunset Drive, Cave Spring Magisterial District, upon the petition
of Holrob Investments, LLC, including all the conditions that are in the revised ordinance
and Condition #9 which was submitted prior to the public hearing.
Supervisor Church advised that he does not see the problem as the
rezoning or commercialization of the area; the problem is the safety of the citizens and
children. He advised that he understands that there is already heavy traffic on Route
220, and he hopes that the additional traffic generated by the development will not
October 24, 2006
923
cause great harm. He noted that it is customary for the motion to be made by the
Supervisor in the magisterial district in which the development is located. He advised
that he has stated his opposition to approval of the project.
Supervisor Wray advised that this is a tough issue, and he has talked with
many citizens on many occasions and attempted to address their concerns about this
development. He advised that some people will sell their properties while others will
stay in the community; however, the citizens in the area knew that a commercial
development could be requested. He advised that he understood that some citizens
hoped that the development would be less than the square footage that the petitioner
has requested. He advised that it has been said that some citizens approve of the
development because they are selling their properties. He advised that without the
process of this rezoning and special use permit, the citizens would not have the benefit
of the many conditions and controls that will make this a better project for the
community. He advised that from what he has heard tonight, it seems that the majority
of the Supervisors will support granting the rezoning and special use permit. He
advised that if they move forward with this development, he expects the petitioner to
continue to work with the community and comply with all of the conditions.
Chairman Wray advised that there was a motion on the floor.
924
October 24, 2006
Supervisor Flora's motion to adopt the revised ordinance with the addition
of Condition #9 to the special use permit carried by the following recorded vote:
AYES:
Supervisors McNamara, Altizer, Flora, Wray
NAYS:
Supervisor Church
ORDINANCE 102406-7 TO REZONE APPROXIMATELY 4.1 ACRES
FROM AR, AGRICULTURAL RESIDENTIAL DISTRICT, TO C-2,
GENERAL COMMERCIAL DISTRICT, AND CVOD, CLEARBROOK
VILLAGE OVERLAY DISTRICT, AND TO OBTAIN A SPECIAL USE
PERMIT TO OPERATE A RETAIL SALES ESTABLISHMENT WITH
GROSS FLOOR AREA GREATER THAN 50,000 SQUARE FEET,
GARDEN CENTER, AND MINOR AUTOMOBILE REPAIR FACILITY ON
APPROXIMATELY 41 ACRES LOCATED IN THE 5200 BLOCK OF
FRANKLIN ROAD, STABLE ROAD, CLEARBROOK LANE, SINGING
HILLS ROAD, AND SUNSET DRIVE, CAVE SPRING MAGISTERIAL
DISTRICT UPON THE APPLICATION OF HOLROB INVESTMENTS,
LLC
WHEREAS, the first reading of this ordinance was held on September 26, 2006,
and the second reading and public hearing were held October 24,2006; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on October 3, 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
approximately 4.1 acres as described on Exhibit A attached to this ordinance, and
located in the 5200 block of Singing Hills Road and Sunset Drive (Tax Map Numbers
88.04-1-26, 88.04-1-34, 88.04-1-35) in the Cave Spring Magisterial District, is hereby
changed from the zoning classification of AR, Agricultural Residential District to the
zoning classification of C-2, General Commercial District and CVOD, Clearbrook
Village Overlay District,
2. That said real estate being rezoned is more fully described as follows:
Tax Map No. 88.04-1-26; Tax Map No. 88.04-4-34; and Tax Map No.
88.04-1-35 containing approximately 4.1 acres and being further
described on the attached Exhibit A.
October 24, 2006
925
3. That the Board finds that the granting of a special use permit to Holrob
Investments, LLC to operate a retail sales establishment with gross floor area greater
than 50,000 square feet, garden center, and minor automobile repair facility on
approximately 41 acres as described in Exhibit B attached to this ordinance, and
located in the 5200 block of Franklin Road, Stable Road, Clearbrook Lane, Singing Hills
Road and Sunset Drive (Tax Map Numbers 88.04-1-35, 88.03-1-9, 88.03-1-4.1, 88.03-
1-2, 88.04-1-38, 88.04-1-41, 88.04-1-36, 88.04-1-34, 88.03-1-1.3, 88.04-1-26, 88.03-1-
6, 88.03-1-3, 88.03-1-1.1,88.04-1-39,88.04-1-40, 88.04-1-39.1, and 88.03-1-1.2) in the
Cave Spring Magisterial District is substantially in accord with the adopted 2000
Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the
1950 Code of Virginia, as amended. The Board also finds that this proposal as modified
by the following conditions conforms to the Design Guidelines for the Clearbrook Village
Commercial Overlay District, and that any adverse impacts to the surrounding
neighborhood or community shall be minimized by the following conditions. The special
use permit is hereby approved with the following conditions:
1. The 41 +/- acre site shall be developed in substantial conformance
with the site plan prepared by Wolverton & Associates, dated
October 13, 2006.
2. All buildings on the 41 +/- acre site shall be constructed in
substantial conformance with the architectural plans, including
specific exterior materials and colors, prepared by Perkowitz &
Ruth, dated October 13,2006.
3. All roof top mechanical and other equipment shall be screened from
view from the Blue Ridge Parkway and U.S. Rt. 220.
4. All retaining walls shall have a maximum height of 12 feet and shall
match the exterior material "Quick Brick" and color "Heritage" as
shown on the architectural plans prepared by Perkowitz & Ruth,
dated October 13, 2006. Retaining walls within any required buffer
yard shall not exceed 4 feet.
5. All freestanding signs shall be monument style signs, and shall be
constructed with materials and colors that match the buildings, per
the architectural plans prepared by Perkowitz & Ruth, dated
October 13, 2006.
6. The 41 +/- acre site shall be developed in substantial conformance
with the landscaping plan prepared by Hill Studio, dated 9/26/06,
and including the specific details shown on the "Singing Hills Rd
Landscape Buffer" plan prepared by Hill Studio, dated October 13,
2006.
7. Construction entrance shall be located at the Clearbrook Village
Lane entrance as shown on the site plan prepared by Wolverton &
Associates, dated October 13, 2006. All construction traffic shall
use Clearbrook Village Lane.
926
October 24, 2006
8. The applicant/developer shall be responsible for constructing
reasonable and necessary off-site improvements to the public road
system the need for which is substantially generated and
reasonably required by the development.
9. The Route 220/Stable Road intersection and the new Stable Road
alignment depicted on the site plan prepared by Wolverton &
Associates dated October 13, 2006 will be modified so that:
a. The northernmost access to Stable Road located at the rear of
the Anchor 1 building will be eliminated.
b. Subject to VDOT approval, the Stable Road intersection will be
redesigned to safely separate neighborhood and commercial
traffic with the traffic engineer for the Singing Hills Road and
Stable Road residents having an opportunity for input in the
redesign.
c. Trucks servicing the development on this 41 +/- acre site shall
not use Stable Road for ingress and egress.
d. Internal truck circulation on the site shall be addressed and
provided.
e. Pedestrian conflicts on the site shall be identified and
addressed.
f. An alternate entrance onto Route 220 Northbound may be
evaluated.
4. That this action is taken upon the application of Holrob Investments, LLC.
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 Flora to adopt the revised ordinance with the addition of
Condition 9 to the special use permit, and carried by the following recorded vote:
AYES: Supervisors McNamara, Altizer, Flora, Wray
NAYS: Supervisor Church
October 24, 2006
927
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Flora: He reported that ratings for television stations are
measured in November, and some stations are testing the security provisions at schools
and reporting on the weaknesses to increase their ratings. He advised that he thought
this practice was unethical and places children at risk. He advised that he did not think
that any television station in the Roanoke Valley would be that unethical but it has
happened in Indiana. The County schools have been warned and he hoped that the
schools in the cities of Roanoke and Salem have been warned also.
IN RE:
ADJOURNMENT
Chairman Wray adjourned the meeting at 12:40 a.m., October 25,2006, to
November 12, 2006, at 1 :00 p.m. for the annual Board of Supervisors retreat, at The
Homestead Resort, Hot Springs, Virginia.
Submitted by:
Approved by:
~ ~ !:W4-
Brenda J. H Iton, CMC
Deputy Clerk to the Board
4'\~ Q. W~
Michael A. Wray
Chairman
928
October 24, 2006
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