HomeMy WebLinkAbout4/27/2004 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 27, 2004
ORDINANCE AMENDING ORDINANCE 012704-5 WHICH AMENDED
SECTION 2-7. REIMBURSEMENT OF EXPENSES INCURRED FOR
EMERGENCY RESPONSE OF THE ROANOKE COUNTY CODE
WHEREAS, the Board of Supervisors of Roanoke County adopted Ordinance No.
031202-6 amending the Roanoke County Code by the adoption of a new Section 2.7
"Reimbursement of expenses incurred for emergency response to accidents or incidents
caused by driving while impaired" providing the County with an opportunity to recover its
reasonable expenses in providing an appropriate emergency response to such accidents
or incidents. This ordinance was authorized by Section 15.2-1716 of the Code of Virginia;
and
WHEREAS, the 2003 session of the Virginia General expanded Section 15.2-1716
of the Code of Virginia to also include reckless driving, driving without a license, and
leaving the scene of an accident; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, by Ordinance
No. 012704-5, amended Section 2-7 to include several of these violations of State Code;
and
WHEREAS, an amendment to clarify the reference to provisions of the State Code
is in the public interests; and
WHEREAS, the first reading of this ordinance was held on April 13, 2004; and the
second reading was held on April 27, 2004.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Section 2-7. Reimbursement of Expenses Incurred for Emergency
Response to Accidents or Incidents Caused by Driving While Impaired be amended to
read and provide as follows:
Chapter 2. Administration
Article I. In General
Section 2-7. Reimbursement of Expenses Incurred for Emergency Response to Accidents
or Incidents Caused by Driving While Impaired, Driving Without a License, and
Leaving the Scene of an Accident.
(a) Any person who is convicted of violation of Section 12-8 of this Code, or of
Sections 18.2-51.4, 18.2-266, or Section 29.1-738 of the Code of Virginia, when his
operation of a motor vehicle, engine, train or water craft is the proximate cause of any
accident or incident resulting in an appropriate emergency response; or the provisions of
Article 1 (Section 46.2-300 et seq.) of Chapter 3 of Title 46.2 " relating
to driving with out a license or driving with a suspended or revoked license, or of Section
46.2-894 relating to improperly leaving the scene of an accident, shall be liable in a separate
civil action to the county, for the reasonable expense thereof, in an amount not to exceed
one thousand dollars ($1,000.00) in the aggregate for a particular accident or incident. In
determining the "reasonable expense," the County may bill a flat fee of one hundred dollars
($100.00) or to the maximum flat fee authorized by Section 15.2-1716 of the 1950 Code of
Virginia, as amended, or a minute -by -minute accounting of the actual costs incurred.
(b) As used in this section, "appropriate emergency response" includes all costs of
providing law-enforcement, firefighting, rescue, and emergency medical services.
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(c) The provisions of this section shall not preempt or limit any remedy available to
the commonwealth, the County, or any fire/rescue squad to recover the reasonable
expenses of an emergency response to an accident or incident not involving a violation of
any of the above mentioned State Code sections as set forth herein.
2. Any expenses recovered shall be deposited into the General Fund and
appropriated annually to the Police Department and the Fire & Rescue Department operating
budgets based upon an estimate of the proportional expenses incurred in responding to such
accidents or incidents.
3. That this ordinance shall be in full force and effect from and after its adoption.
On motion of Supervisor Church to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTE:
I . 9 . IZL )
Diane S. Childers
Clerk to the Board of Supervisors
3
cc: File
Circuit Court
Clifford R. Weckstein, Judge
William Broadhurst, Judge
Robert P. Doherty, Jr., Judge
Jonathan M. Apgar, Judge
James R. Swanson, Judge
Charles N. Dorsey, Judge
Steven A. McGraw, Clerk
Juvenile Domestic Relations District Court
Joseph M. Clarke, ll, Judge
Philip Trompeter, Judge
John B. Ferguson, Judge
Joseph P. Bounds, Judge
Ruth P. Bates, Clerk
Intake Counsellor
General District Court
George W. Hams, Judge
Vincent Lilley, Judge
Julian H. Raney, Judge
Jacqueline F. Ward Talevi, Judge
Francis W. Burkart, III, Judge
Theresa A. Childress, Clerk
Gerald Holt, Sheriff
Paul Mahoney, County Attorney
Randy Leach, Commonwealth Attorney
Magistrates Sherri Krantz/Betty Perry
Main Library
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
John M. Chambliss, Jr., Assistant County Administrator
Dan O'Donnell, Assistant County Administrator
Diane D. Hyatt, Chief Financial Officer
O. Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Gary Robertson, Director, Utility
Rebecca Owens, Director, Finance
David Davis, Court Services
Elaine Carver, Director, Information Technology
Anne Marie Green, Director, General Services
Thomas S. Haislip, Director, Parks, Recreation & Tourism
William E. Driver Director, Real Estate Valuation
F. Kevin Hutchins, Treasurer
Nancy Hom, Commissioner of Revenue
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 27, 2004
RESOLUTION 042704-2_ 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 April 27,
2004, 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 — April 13, 2004
2. Request to accept Laurel Ridge Drive and a portion of Cortland Road into the
Virginia Department of Transportation Secondary Road System
3. Request to appr,9ve name f9F the fGFFneF Salem Offir-e Supply Building
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 with Item J-3 removed, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTE:
— LU ) S - IAIa)
Diane S. Childers
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR
MEETING ON THE 27th DAY OF APRIL, 2004, ADOPTED THE FOLLOWING:
RESOLUTION 042704-2.a REQUESTING ACCEPTANCE OF LAUREL RIDGE
DRIVE AND A PORTION OF CORTLAND ROAD INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM.
WHEREAS, the streets described on the attached Addition Form SR -5(A),
fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised this Board the streets meet the requirements established by
the Subdivision Street Requirements of the Virginia Department of Transportation, and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999 for comprehensive stormwater detention
which applies to this request for addition, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions Form
SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved by: Supervisor Altizer
Seconded by None Required
Yeas: Supervisors, McNamara, Church, Wray, Altizer, Flora
Nays: None
A Copy Teste:
A -A A
Diane S. Childers, Clerk
Roanoke County Board of Supervisors
cc: Arnold Covey, Director, Department of Community Development
Virginia Department of Transportation
File
I hereby certify that the foregoing is a true and correct copy of Resolution 042704-2.a adopted by the Roanoke
County Board of Supervisors by a unanimous recorded vote on Tuesday, April 27, 2004.
Brenda J. Holton, Deputy Clerk
Roanoke County Board of Supervisors
8
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to the connection with Laurel Lane in Botetourt County
ROANOKE COUNTY The Orchards, Section 1, Cortland Meadows
DEPARTMENT Off, &0 rchar
Acceptanceof Laurel Ridge Drive and a portion of Cortland Road into
CC:�METNITY'. BEIT 'LOPMENT The Virginia�Department of Transportation Secondary, System d Park, Section 3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, APRIL 27, 2004
RESOLUTION 042704-3 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 Altizer to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTE:
cd
Diane S. Childers
Clerk to the Board of Supervisors
cc: File
Closed Meeting File
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 27, 2004
ORDINANCE 042 704-4 GRANTING A SPECIAL USE PERMIT TO JEFF
BENNETT TO OPERATE A CUSTOM MANUFACTURING BUSINESS
ON 3.56 ACRES LOCATED AT 4040 JAE VALLEY ROAD (TAX MAP
NO. 90.00-3-28) VINTON MAGISTERIAL DISTRICT
WHEREAS, Jeff Bennett has filed a petition for a special use permit to operate a
custom manufacturing business on 3.56 acres located at 4040 Jae Valley Road (Tax
Map No. 90.00-3-28) in the Vinton Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
April 6, 2004; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on March 23, 2004; the second reading and public hearing on
this matter was held on April 27, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Jeff
Bennett to operate a custom manufacturing business on 3.56 acres located at 4040 Jae
Valley Road in the Vinton Magisterial District is substantially in accord with the adopted
2000 Community Plan pursuant to the provisions of Section 15.2-2232 of the 1950
Code of Virginia, as amended, and said special use permit is hereby approved with the
following condition:
owner.
(1) The business shall have a maximum of three employees, in addition to the
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2. 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, Wray, Altizer, Flora
NAYS: None
A COPY TESTS::3j��
Intim I.
Diane S. Childers
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
William Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
2
ROANOKE COUNTY Applicants name: Jeff Bennett
DEPARTMENT OF Proposed Zoning; SUP
COMMUNITY DEVELOPMENT Existing Zoning: AG -1
6 Tax Map No 90.00-3-28
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 27, 2004
ORDINANCE 042704-5 GRANTING A SPECIAL USE PERMIT TO D.
GREGORY ROBERTS TO CONDUCT A HOME OCCUPATION IN AN
ACCESSORY BUILDING ON 2.14 ACRES LOCATED AT 5228
PONDEROSA DRIVE (TAX MAP NO. 36.12-3-32) CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, D. Gregory Roberts has filed a petition for a special use permit to
conduct a home occupation in an accessory building on 2.14 acres located at 5228
Ponderosa Drive (Tax Map No. 36.12-3-32) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
April 6, 2004; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on March 23, 2004; the second reading and public hearing on
this matter was held on April 27, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to D.
Gregory Roberts to conduct a home occupation in an accessory building on 2.14 acres
located at 5228 Ponderosa Drive in the Catawba Magisterial District is substantially in
accord with the adopted 2000 Community Plan pursuant to the provisions of Section
15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is
hereby approved with the following conditions:
(1) No more than one (1) dog on the premises for grooming at any given time.
(2) No more than ten (10) appointments per week.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTE: Njylfm)
L I A -j � � .
Diane S. Childers
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
William Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
E
2
ROANOKE COUNTY
DEPARTMENT OF
COMMUNITY DEVELOPMENT
e
Applicants name: D. Gregory Roberts
Proposed Zoning: Special Use
Existing Zoning: RI
Tax Map No 36.12-3-32
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 27, 2004
ORDINANCE 042704-6 GRANTING A SPECIAL USE PERMIT TO
MARC 1. WILSON TO CONDUCT RECREATIONAL VEHICLE SALES
ON 1.4088 ACRES LOCATED AT 3328 PETERS CREEK ROAD (TAX
MAP NO. 37.114-11-7) CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Marc 1. Wilson has filed a petition for a special use permit to conduct
recreational vehicles sales on 1.4088 acres located at 3328 Peters Creek Road (Tax
Map No. 37.14-1-7) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
April 6, 2004; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on March 23, 2004; the second reading and public hearing on
this matter was held on April 27, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Marc I.
Wilson to conduct recreational vehicles sales on 1.4088 acres located at 3328 Peters
Creek Road in the Catawba Magisterial District is substantially in accord with the
adopted 2000 Community Plan pursuant to the provisions of Section 15.2-2232 of the
1950 Code of Virginia, as amended, and said special use permit is hereby approved
with the following conditions:
(1) Recreational Vehicles sales and service shall be allowed only as an
accessory use to Minor Automobile Repair and Automobile Dealership, Used.
1
(2) No more than one (1) recreational vehicle will be displayed for sale at any
one time.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTE:
►3,90)
Diane S. Childers
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
William Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
E
ROANOKE COUNTY Applicants name: Mark L Wilson
DEPARTMENT OF Proposed Zoning: Special Use
COMMUNITY DEVELOPMENT Existing Zoning: C2
Tax Map No 37.14-1-7
ACTION NO. A-042704-7
ITEM NO. S-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 27, 2004
AGENDA ITEM: Second reading of an ordinance to rezone a 15.7 acre tract of
real estate located at Route 419 near its intersection with
Keagy Road (Tax Map No's. 67.18-2-1, 67.18-2-2, 67.18-2-3,
67.18-2-4) from the zoning classification of C-1 and R-1 to the
zoning classification of C-2, with conditions, Windsor Hills
Magisterial District, upon the petition of Kahn Development
SUBMITTED BY•
APPROVED BY:
Janet Scheid
Chief Planner
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This time has been set aside for a public hearing on the second reading of an ordinance to
rezone a 15.7 acre tract of real estate located at Route 419 near its intersection with
Keagy Road. Kahn Development Company wishes to construct a mixed-use office and
retail development. The petitioner has also proffered possible residential uses mixed with
the office uses. If included, the residential uses would be those allowed in the C2 zoning
district. The C2 district allows multi -family residential included within an office or
commercial building, not to exceed 50% of the total floor area
0
VOTE:
Supervisor McNamara motion to return the matter to the Planning Commission for
re -consideration
Motion Approved
cc: File
Yes
No
Absent
Mr. McNamara
®
❑
❑
Mr. Church
®
❑
❑
Mr. Wray
®
❑
❑
Mr. Altizer
®
❑
❑
Mr. Flora
®
❑
❑
cc: File
ACTION NO. A-042704-8
ITEM NO. S-5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 27, 2004
AGENDA ITEM: Second reading of an ordinance to rezone 4.92 acres from
C2C General Commercial District with Conditions to C2
General Commercial District, 8.03 acres from C1 Office District
to C2 General Commercial District, and 17.01 acres from R3
Medium Density Residential District to C2 General Commercial
District in order to construct a general office and retail sales
facility located at 4486 Summit Street, Cave Spring Magisterial
District, upon the petition of Slate Hill I, LLC, Slate Hill II, LLC,
and Woodcliff Investments, LLC
SUBMITTED BY:
APPROVED BY:
Janet Scheid
Chief Planner
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This time has been set aside for a public hearing on the second reading of an ordinance to
rezone 17.01 acres of R-3 property, 8.03 acres of C-1 property and 4.92 of C-2 conditional
property to C-2, General Commercial for an office/retail mixed use commercial
development. The parcels have several Future Land Use Designations as outlined in the
1998 Roanoke County Community Plan for this site. The parcels closer to Electric Road
with a C-1 zoning are designated as Core. The R-3 parcels and C-2 conditional parcels
are designated as Development. Without additional information that planning staff and
VDOT is requiring, planning staff will not support the proposed re-
zoning.
VOTE:
Supervisor Wray motion to refer the matter to staff for a period of 30 days for
further review
Motion Approved
cc: File
E
Yes
No
Absent
Mr. McNamara
®
❑
❑
Mr. Church
®
❑
❑
Mr. Wray
®
❑
❑
Mr. Altizer
®
❑
❑
Mr. Flora
®
❑
❑
cc: File
E