HomeMy WebLinkAbout5/28/2019 - Regular
May 28, 2019
195
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
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 May 2019. Audio and video recordings of
this meeting will be held on file for a minimum of five (5) years in the office of the Clerk
to the Board of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman North called the meeting to order at 3:01 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Phil C. North; Supervisors George G. Assaid,
Martha B. Hooker, David F. Radford and P. Jason Peters
MEMBERS ABSENT: None
STAFF PRESENT: Daniel R. O’Donnell, County Administrator; Richard
Caywood, Assistant County Administrator; Rebecca Owens,
Assistant County Administrator Ruth Ellen Kuhnel, County
Attorney; Amy Whittaker, Public Information Officer and
Deborah C. Jacks, Chief Deputy Clerk to the Board
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of Roanoke County Public School Students for
participating in the Student Registered Apprenticeship Program
(Jay Brenchick, Economic Development Manager)
Recognition was given. Jason Suhr, Director of Career and Technical
Education Schools, gave a brief summary of the benefits from the students perspective.
Mark Jones, Supervisor of Career and Technical Education Programs spoke from the
business perspective.
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IN RE: NEW BUSINESS
1. Resolution adopting the fiscal year 2019-2020 operating budget,
the fiscal year 2019-2020 capital budget, and the fiscal year 2020-
2029 Capital Improvement Program for the County of Roanoke,
Virginia and Roanoke County Public Schools (Rebecca Owens,
Assistant County Administrator)
Ms. Owens outlined the request for the resolution.
Supervisor Hooker noted as she has discussed in the past, she has
discussed her employment with counsel and feel comfortable that she has no legal
conflict of interest and am able to vote on the budget as presented.
Supervisor Assaid commented that he would not be supporting the
resolution because he feels that some of the projects identified in the capital
improvement program does not comply with Section 5 of our Comprehensive Financial
Policy as it relates to the Comprehensive Facilities Assessment for identifying and
justifying needs to support future bond issues.
RESOLUTION 052819-1 ADOPTING THE FISCAL YEAR 2019-
2020 OPERATING BUDGET, THE FISCAL YEAR 2019-2020
CAPITAL BUDGET, AND FISCAL YEARS 2020-2029 CAPITAL
IMPROVEMENT PROGRAM FOR ROANOKE COUNTY,
VIRGINIA AND ROANOKE COUNTY PUBLIC SCHOOLS
WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended,
provides that the governing body of the County shall prepare and approve an annual
budget; and
WHEREAS, said budget shall be prepared and approved for informative and
fiscal planning purposes only; and
WHEREAS, this budget contains a complete itemized and classified plan of all
contemplated expenditures and all estimated revenues and borrowings for the ensuing
fiscal year; and
WHEREAS, a brief synopsis of said budget was published as required by the
provisions of Section 15.2-2506 of the State Code, and the public hearings as required
thereon were held on April 9, 2019 and May 14, 2019; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia:
1. That there is hereby approved the annual operating budget for fiscal year
2019-2020 for Roanoke County, Virginia, and Roanoke County Public
Schools as shown on the attached Schedules 1 and 2.
2. That there is hereby approved the capital budget for fiscal year 2019-2020
and Capital Improvement Program for fiscal years 2020-2029 for Roanoke
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County, Virginia, and Roanoke County Public Schools as shown on the
attached Schedule 3.
3. That the preparation and approval of these budgets is for informative and
fiscal planning purposes only.
4. The fees which shall be charged by the County of Roanoke for the
following described emergency medical services provided by the Roanoke
County owned, operated, funded, housed or permitted emergency
vehicles shall be as follows:
Advance Life Support (ALS) 1 Emergency $465.00
Advance Life Support (ALS) 2 Emergency $700.00
Basic Life Support (BLS) Emergency $400.00
Mileage (loaded) $11.00/per mile
No recipient of ambulance services who cannot afford to pay the
ambulance transport fees will be required to do so.
5. The ambulance fees described above in this resolution replace fees
approved as part of resolution 052317-4 and shall be in full force and
effect on and after July 1, 2019.
6. That there is hereby approved a Fee Compendium which lists all fees and
charges imposed by the County for providing specialized programs and
services. The Fee Compendium provides details on the type of fee,
authority to levy the fee, current fees, and proposed changes to the
current fees.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Hooker, Radford, Peters, North
NAYS: Supervisor Assaid
2. Resolution naming Catawba Community Center Shelter the
Garman-Layman Shelter (Doug Blount, Director of Parks,
Recreation and Tourism)
Mr. Blount outlined the request for the resolution.
RESOLUTION 052819-2 NAMING THE CATAWBA COMMUNITY
CENTER SHELTER THE GARMAN-LAYMAN SHELTER
WHEREAS, Catawba Valley Ruritan Club has asked the County to consider
naming the picnic shelter at Catawba Community Center after Catawba Valley residents
Ms. Lucille Garman and Mr. Robert Layman; and
WHEREAS, Catawba Valley Ruritan Club reports that Ms. Garman and Mr.
Layman served the Catawba Valley community for many years; and
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WHEREAS, Ms. Garman began her teaching career at the Catawba School in
1943 and taught at the school through its closing in 1981; and
WHERAS, Mr. Layman was a graduate of the Catawba School in 1934 and was
an active member of the Catawba Valley Ruritan Club; and
WHEREAS, Catawba Valley Ruritan Club would like to express their sincere
appreciation for their dedication to the citizens of the Catawba Valley and Catawba
Valley Ruritan Club is willing to cover the cost associated with erecting and maintaining
a plaque honoring Ms. Garman and Mr. Layman.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of
Supervisors does hereby designate and name the Catawba Community Center shelter
the Garman-Layman Shelter.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
Supervisor Peters inquired there was discussion years ago about setting
parameters with regard to naming parks, etc. where do we stand? Mr. Blount advised
at that particular time, the Board decided not to entertain developing a policy. Typically
when we bring forward naming recommendations it has usually been for an individual
that has passed on.
3. Resolution amending the Roanoke County Public Schools (RCPS)
budget for fiscal year 2019-2020 upon certain terms and
conditions (Ms. Susan Peterson, RCPS Director of Finance)
Ms. Peterson outlined the request for resolution.
RESOLUTION 052819-3 AMENDING THE ROANOKE COUNTY
PUBLIC SCHOOLS BUDGET FOR FISCAL YEAR 2019-2020
UPON CERTAIN TERMS AND CONDITIONS
WHEREAS, State Code 22.1-93 requires the governing body of a County to
prepare and approve an annual budget for education purposes by May 15 or within
thirty (30) days of the receipt by the County of the estimates of state funds, whichever
shall later occur; and
WHEREAS, the Roanoke County School Board approved their fiscal year 2019-
2020 budget on March 28, 2019;
WHEREAS, the Roanoke County Board of Supervisors approved as part of
Resolution 042319-4 to adopt the fiscal year 2019-2020 Roanoke County Public
Schools budget on April 23, 2019;
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WHEREAS, at the request of the Roanoke County Schools, the Roanoke County
Board of Supervisors adjusted the revenue for the County’s operating budget in fiscal
year 2019-2020 after April 23, 2019, which included adjustments to revenues included
in the Revenue Sharing Formula as adopted in the Comprehensive Financial Policy.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia that the fiscal year 2019-2020 Roanoke County Public Schools revenue
budget be amended to include an additional $7,985 in the County’s transfer to schools
and expenditure budget to include an additional $7,985 in the General Fund. A copy of
the amendment, as requested by the Roanoke County Schools, is incorporated by
reference herein. The amended fiscal year 2019-2020 Roanoke County Public Schools
budget is hereby APPROVED. The County Administrator and the Clerk are authorized
to execute and attest, respectively, on behalf of the County, any documentation, in form
approved by the County Attorney, necessary to evidence said approval.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the vacation of 1.0298 acre portion of an
unimproved right-of-way shown as Sleepy Hollow Drive on the
map of Southern Pines Development in plat book 2, page 138 of
the Roanoke County Circuit Court Clerk's Office, said right-of-way
is located in the Cave Spring Magisterial District (Tarek Moneir,
Acting Director of Development Services)
Mr. Moneir outlined the ordinance. There was no discussion.
Supervisor Assaid’s motion to approve the first reading and set the second
reading for June 12, 2019, was seconded by Supervisor North and approved by the
following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinances to appropriate funds for:
May 28, 2019
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(a) Fiscal year 2019-2020 operations budget and approval of the
Classification and Pay Plan for fiscal year 2019-2020 for the
County of Roanoke, Virginia;
Ms. Owens outlined there had been one change since the first reading on
May 14, 2019 with regard to funding for operations, specifically the change, at the
Board’s request, to add $5,600 to the contributions for discretionary agencies
specifically to Total Action for Program (TAP) and it reduces the personnel funding in
the Economic Development by that same amount.
ORDINANCE 052819-4 APPROPRIATING FUNDS FOR THE
2019-2020 FISCAL YEAR OPERATIONS BUDGET AND
APPROVAL OF THE CLASSIFICATION AND PAY PLAN FOR
FISCAL YEAR 2019-2020 FOR ROANOKE COUNTY, VIRGINIA
WHEREAS, upon notice duly published in the newspaper, public hearings were
held on April 9, 2019 and May 14, 2019, concerning the adoption of the annual budget
for Roanoke County for fiscal year 2019-2020; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved
said budget on May 28, 2019, pursuant to the provisions of Section 13.02 of the
Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as
amended; and
WHEREAS, the first reading of this appropriation ordinance was held on May 14,
2019, and the second reading of this ordinance was held on May 28, 2019, pursuant to
the provisions of Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following appropriations are hereby made from the respective funds
for the period beginning July 1, 2019, and ending June 30, 2020, for the
functions and purposes indicated:
County of Roanoke, Virginia
Fiscal Year 2019-2020
County Operations
First Reading May 14, 2019; Second Reading May 28, 2019
Appropriation
Amount
Revenues:
General Fund - County:
General Government$ 115,499,365
Communications & Information Technology 11,003,692
Children's Services Act 7,750,007
Public Works Projects 183,243
Recreation Fee Class 6,513,202
Parks, Recreation & Tourism - School Operations 364,098
Police E-Citation 60,000
Community Development Technology Fee 40,000
Grants & Other Funds 1,869,416
Police Special Programs 1,000
Criminal Justice Academy 387,706
May 28, 2019
Fleet Service Center 3,283,731
Subtotal, General Fund$ 146,955,460
201
Debt Service Fund - County$ 7,200,919
Internal Service Fund - Health Insurance$ 12,436,770
Internal Service Fund - Dental Insurance 758,540
Internal Service Fund - Risk Management 1,604,003
Subtotal, Internal Service Funds$ 14,799,313
Total Revenue - County Operations Funds$ 168,955,692
Expenditures:
General Government - County Operations:
General Administration
Board of Supervisors$ 339,239
County Administration 769,180
Internal Auditor 120,427
Public Information 205,869
County Attorney 641,123
Human Resources 887,535
Subtotal, General Administration$ 2,963,373
Constitutional Officers
Commissioner of the Revenue$ 855,252
Commonwealth's Attorney 1,126,896
Sheriff's Office 11,244,996
Treasurer 964,462
Clerk of the Circuit Court 1,136,221
Subtotal, Constitutional Officers$ 15,327,827
Appropriation
Amount
Judicial Administration
Circuit Court$ 257,068
General District Court 105,440
Magistrate 1,590
Juvenile & Domestic Relations Court 39,086
Court Service Unit 520,144
Courthouse Maintenance 50,000
Subtotal, Judicial Administration$ 973,328
Management Services
Real Estate Valuation (Assessor)$ 866,541
Finance (Accounting, Payroll, Purchasing) 1,981,407
Management & Budget 361,304
Subtotal, Management Services$ 3,209,252
Public Safety
Police$ 12,850,306
May 28, 2019
Fire & Rescue 16,809,204
Subtotal, Public Safety$ 29,659,510
202
Community Services
Economic & Community Development$ 4,804,177
General Services 8,150,407
Subtotal, Community Services$ 12,954,584
Human Services
Parks, Recreation, & Tourism$ 4,897,460
Public Health 500,358
Social Services 12,828,615
Library 4,182,511
Virginia Cooperative Extension 87,097
Elections (Registrar) 409,010
Subtotal, Human Services$ 22,905,051
Non-Departmental
Employee Benefits$ 2,324,380
Transfer to Communications & Information Technology 9,401,349
Contributions - Discretionary, Contractual, Dues & Memberships 2,214,905
Miscellaneous 1,834,000
Board Contingency 50,000
Addition to Fund Balance 718,298
Subtotal, Non-Departmental$ 16,542,932
Appropriation
Amount
Transfers to Other Funds
Transfer to Debt Service - County$ 6,910,931
Transfer to County Capital 199,650
Transfer to Children's Services Act - County 1,859,000
Transfer to Internal Services - Risk Management 1,604,003
Transfer to Criminal Justice Academy 206,681
Transfer to Public Works Projects 183,243
Subtotal, Transfers to Other Funds$ 10,963,508
Total, General Government - County Operations$ 115,499,365
Communications & Information Technology$ 11,003,692
Children's Services Act$ 7,750,007
Public Works Projects$ 183,243
May 28, 2019
Recreation Fee Class$ 6,513,202
203
Parks, Recreation & Tourism - School Operations$ 364,098
Police E-Citation$ 60,000
Community Development Technology Fee $ 40,000
Grants & Other Funds$ 1,869,416
Police Special Programs$ 1,000
Criminal Justice Academy$ 387,706
Fleet Service Center$ 3,283,731
Total, General Fund - County Operations$ 146,955,460
Debt Service Fund - County$ 7,200,919
Internal Service Fund - Health Insurance$ 12,436,770
Internal Service Fund - Dental Insurance 758,540
Internal Service Fund - Risk Management 1,604,003
Total, Internal Service Funds$ 14,799,313
Total Expenditures - All County Operations Funds$ 168,955,692
May 28, 2019
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2. That the County Administrator may authorize or delegate the authorization of
the transfer of any unencumbered balance or portion thereof from one
department to another.
3. That all funded outstanding operating encumbrances at June 30, 2019, are
re-appropriated to the 2019-2020 fiscal year to the same department and
account for which they are encumbered in the previous year.
4. That all General Government Fund unexpended appropriations and all
General Government revenues collected in excess of appropriated revenues
at the end of the 2018-2019 fiscal year not lapse but shall be re-appropriated
and presented to the Board of Supervisors for allocation based on guidance
provided in Section 10-1 through 4 of the County of Roanoke Comprehensive
Financial Policy approved by the Board of Supervisors on April 24, 2018.
5. Account balances remaining in the Fee Class Fund collected by the Parks,
Recreation and Tourism Department will be allocated to accounts as defined
by the Fee Class Accounts Procedure.
6. Account balances remaining in Children’s Services Act (C111), Police
Confiscated Property (C120), Police Special Programs (C121), Forfeited
Asset Sharing (C122), Sheriff Confiscated Property (C123), Sheriff Jail Fees
(C124), Inventory Accounts (C125), Criminal Justice Academy (C126), Police
Training Facility (C127), Garage - Fleet Service Center (C130), Motor Pool
(C132), Grants (C135), Communications and Information Technology (C141-
C144), Fee Class (C150), PRT Schools Ground Maintenance (C151), Public
Works Fund (C170), South Peak Community Development Authority (C201),
County Debt Fund (C310, C320, C330, C340), County Capital and Economic
Development Funds (C420, C421, C425, C428, C440, C445, C451, C455),
County Trust Funds (C501, C502), Internal Service Funds (C700, C705,
C710), Special Welfare (C810), Regional Fire/Rescue Training Center
(C814), Commonwealth Fund (C815), and Economic Development Authority
(C818) funds will carry over 100% and be re-appropriated to the individual
funds.
7. That the Board of Supervisors anticipates receiving various grants,
donations, and other miscellaneous revenues. These anticipated funds are
appropriated to the Grants Fund for the various functions and purposes as
provided therein, and said appropriation shall be acknowledged and allocated
to the appropriate fund upon approval by the Board of Supervisors on the
Consent Agenda.
8. That the Board of Supervisors approves the County of Roanoke
Classification and Pay Plan. The Classification and Pay Plan included as part
of this ordinance is effective July 1, 2019. The County Administrator shall
implement the County Classification and Pay Plan pursuant to Board of
Supervisors Resolution 082515-1.
May 28, 2019
205
9. This ordinance shall take effect July 1, 2019.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
(b) Fiscal year 2019-2020 capital budget for the County of
Roanoke, Virginia;
ORDINANCE 052819-5 APPROPRIATING FUNDS FOR THE
2019-2020 FISCAL YEAR CAPITAL BUDGET FOR ROANOKE
COUNTY, VIRGINIA
WHEREAS, upon notice duly published in the newspaper, public hearings were
held on April 9, 2019 and May 14, 2019, concerning the adoption of the annual budget
for Roanoke County for fiscal year 2019-2020; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved
said budget on May 28, 2019, pursuant to the provisions of Section 13.02 of the
Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as
amended; and
WHEREAS, the first reading of this appropriation ordinance was held on May 14,
2019, and the second reading of this ordinance was held on May 28, 2019, pursuant to
the provisions of Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following appropriations are hereby made from the respective funds
for the period beginning July 1, 2019, and ending June 30, 2020, for the
functions and purposes indicated:
County of Roanoke, Virginia
Fiscal Year 2019-2020
County Capital
First Reading May 14, 2019; Second Reading May 28, 2019
Appropriation
Amount
Revenues:
County Capital:
Transfer from General Government Fund$ 6,295,485
County Unrestricted Cash (excl. Transfer from General Govt. Fund) 1,283,319
County Restricted Cash 1,598,778
Non-County 8,217,291
Miscellaneous 130,000
Lease / Revenue Bonds 10,000,000
Total Revenue - County Capital$ 27,524,873
Expenditures:
County Capital:
May 28, 2019
FY 2020 Capital Fund supported by General Government Fund
excluding General Government Transfers to CIP & Fleet Replacement$ 3,305,000
206
FY 2020 Capital Year Budget - Public Safety$ 487,000
FY 2020 Capital Year Budget - Community Services$ 3,923,538
FY 2020Capital Year Budget - Human Services$ 5,549,711
FY 2020 Capital Year Budget - Internal Services$ 12,365,139
Subtotal, FY 2020 Capital Year Budget$ 22,325,388
FY 2020 Fleet Replacement Budget$ 1,894,485
Total Expenditures - County Capital$ 27,524,873
2. That the County Administrator may authorize or delegate the authorization of
the transfer of any unencumbered balance or portion thereof from one project
to another so as to provide for the completion of a capital project.
3. That all funded outstanding capital encumbrances at June 30, 2019, are re-
appropriated to the 2019-2020 fiscal year to the same account for which they
are encumbered in the previous year.
4. That appropriations designated for capital projects will not lapse at the end of
the fiscal year but shall remain appropriated until the completion of the project
or until the Board of Supervisors, by appropriate action, changes or eliminates
the appropriation. Upon completion of a capital project, staff is authorized to
close out the project and transfer to the funding source any remaining
May 28, 2019
207
balances. This section applies to appropriations for capital projects at June
30, 2019, and appropriations in the 2019-2020 fiscal year budget.
5. That the Board of Supervisors anticipates receiving various grants,
donations, and other miscellaneous revenues. These anticipated funds are
appropriated to the Grants Fund for the various functions and purposes as
provided therein, and said appropriation shall be acknowledged and allocated
to the appropriate fund upon approval by the Board of Supervisors on the
Consent Agenda.
6. This ordinance shall take effect July 1, 2019.
7. On motion of Supervisor Peters to adopt the ordinance, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Hooker, Radford, Peters, North
NAYS: Supervisor Assaid
(c) Fiscal year 2019-2020 transfer to and on behalf of the
Roanoke County Public Schools budget for the County of
Roanoke, Virginia
ORDINANCE 052819-6 APPROPRIATING FUNDS FOR THE
2019-2020 FISCAL YEAR TRANSFERS TO AND ON BEHALF
OF ROANOKE COUNTY PUBLIC SCHOOLS FOR ROANOKE
COUNTY, VIRGINIA
WHEREAS, upon notice duly published in the newspaper, public hearings were
held on April 9, 2019 and May 14, 2019, concerning the adoption of the annual budget
for Roanoke County for fiscal year 2019-2020; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved
said budget on May 28, 2019, pursuant to the provisions of Section 13.02 of the
Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as
amended; and
WHEREAS, the first reading of this appropriation ordinance was held on May 14,
2019, and the second reading of this ordinance was held on May 28, 2019, pursuant to
the provisions of Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following appropriations are hereby made from the respective funds
for the period beginning July 1, 2019, and ending June 30, 2020, for the
functions and purposes indicated:
County of Roanoke, Virginia
Fiscal Year 2019-2020
Schools Revenue Sharing Transfer, Debt Service Transfer, and
Children's Services Act Transfer
First Reading May 14, 2019; Second Reading May 28, 2019
Appropriation
Amount
Revenues:
General Government Fund$ 81,441,128
Total Revenue - Schools Transfers$ 81,441,128
Expenditures:
General Government Fund
Transfer to Schools Operations$ 70,499,722
Transfer to Transfer to Debt Service Fund - Schools Debt Service 9,137,406
Transfer to Children's Services Act on behalf of Schools 1,804,000
Total Expenditures - Schools Transfers$ 81,441,128
May 28, 2019
208
2. That the transfer to Roanoke County Public Schools for operating per the
County and School revenue sharing agreement shall be transferred in its
entirety.
3. That the transfers made by Roanoke County on behalf of Roanoke County
Public Schools to the Debt Service Fund and Children’s Services Act Fund
shall be based on actual expenditures incurred during fiscal year 2019-2020.
Any remaining balance in those transfers shall remain with Roanoke County
government.
4. This ordinance shall take effect July 1, 2019.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
(d) Fiscal year 2019-2020 operations budget for Roanoke County
Public Schools;
ORDINANCE 052819-7 APPROPRIATING FUNDS FOR THE
2019-2020 FISCAL YEAR OPERATIONS BUDGET FOR
ROANOKE COUNTY PUBLIC SCHOOLS
May 28, 2019
209
WHEREAS, upon notice duly published in the newspaper, public hearings were
held on April 9, 2019 and May 14, 2019, concerning the adoption of the annual budget
for Roanoke County for fiscal year 2019-2020; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved
said budget on May 28, 2019, pursuant to the provisions of Section 13.02 of the
Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as
amended; and
WHEREAS, the first reading of this appropriation ordinance was held on May 14,
2019, and the second reading of this ordinance was held on May 28, 2019, pursuant to
the provisions of Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following appropriations are hereby made from the respective funds
for the period beginning July 1, 2019, and ending June 30, 2020, for the
functions and purposes indicated:
County of Roanoke, Virginia
Fiscal Year 2019-2020
Roanoke County Public Schools Operations
First Reading May 14, 2019; Second Reading May 28, 2019
Appropriation
Amount
Revenues:
Schools Operating Funds:
General$ 151,594,497
Nutrition 5,976,814
Grants 6,524,323
Instructional Resources 913,905
Bus Replacement 1,374,927
Technology Replacement 3,116,589
Subtotal, Schools Operating Funds $ 169,501,055
Debt Service Fund - Schools$ 13,348,414
May 28, 2019
Total Revenue - Schools Operations and Debt Service Fund$ 182,849,469
210
Expenditures:
Schools Operating Funds:
General$ 151,594,497
Nutrition 5,976,814
Grants 6,524,323
Instructional Resources 913,905
Bus Replacement 1,374,927
Technology Replacement 3,116,589
Subtotal, Schools Operating Funds Expenditures$ 169,501,055
Debt Service Fund - Schools$ 13,348,414
Total Expenditures - Schools Operations and Debt Service Fund$ 182,849,469
May 28, 2019
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2. That all funded outstanding operating encumbrances at June 30, 2019, are
re-appropriated to the 2019-2020 fiscal year to the same department and
account for which they are encumbered in the previous year.
3. That all School Fund appropriations remaining at the end of the 2019-2020
fiscal year not lapse but shall be appropriated to Roanoke County Public
Schools and allocated per Section 10-5-A and B of the County of Roanoke
Comprehensive Financial Policy approved by the Board of Supervisors on
April 24, 2018.
4. Account balances remaining in the Schools Debt Fund (C360, C365, C370)
will carry over 100% and be re-appropriated to the individual funds.
5. This ordinance shall take effect July 1, 2019.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
(e) Fiscal year 2019-2020 capital budget for Roanoke County
Public Schools (Rebecca E. Owens, Assistant County
Administrator)
ORDINANCE 052819-7 APPROPRIATING FUNDS FOR THE
2019-2020 FISCAL YEAR OPERATIONS BUDGET FOR
ROANOKE COUNTY PUBLIC SCHOOLS
WHEREAS, upon notice duly published in the newspaper, public hearings were
held on April 9, 2019 and May 14, 2019, concerning the adoption of the annual budget
for Roanoke County for fiscal year 2019-2020; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved
said budget on May 28, 2019, pursuant to the provisions of Section 13.02 of the
Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as
amended; and
WHEREAS, the first reading of this appropriation ordinance was held on May 14,
2019, and the second reading of this ordinance was held on May 28, 2019, pursuant to
the provisions of Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following appropriations are hereby made from the respective funds
for the period beginning July 1, 2019, and ending June 30, 2020, for the
functions and purposes indicated:
County of Roanoke, Virginia
Fiscal Year 2019-2020
Roanoke County Public Schools Operations
First Reading May 14, 2019; Second Reading May 28, 2019
Appropriation
Amount
Revenues:
Schools Operating Funds:
General$ 151,594,497
Nutrition 5,976,814
Grants 6,524,323
Instructional Resources 913,905
Bus Replacement 1,374,927
Technology Replacement 3,116,589
Subtotal, Schools Operating Funds $ 169,501,055
Debt Service Fund - Schools$ 13,348,414
May 28, 2019
Total Revenue - Schools Operations and Debt Service Fund$ 182,849,469
212
Expenditures:
Schools Operating Funds:
General$ 151,594,497
Nutrition 5,976,814
Grants 6,524,323
Instructional Resources 913,905
Bus Replacement 1,374,927
Technology Replacement 3,116,589
Subtotal, Schools Operating Funds Expenditures$ 169,501,055
Debt Service Fund - Schools$ 13,348,414
Total Expenditures - Schools Operations and Debt Service Fund$ 182,849,469
May 28, 2019
213
2. That all funded outstanding operating encumbrances at June 30, 2019, are
re-appropriated to the 2019-2020 fiscal year to the same department and
account for which they are encumbered in the previous year.
3. That all School Fund appropriations remaining at the end of the 2019-2020
fiscal year not lapse but shall be appropriated to Roanoke County Public
Schools and allocated per Section 10-5-A and B of the County of Roanoke
Comprehensive Financial Policy approved by the Board of Supervisors on
April 24, 2018.
4. Account balances remaining in the Schools Debt Fund (C360, C365, C370)
will carry over 100% and be re-appropriated to the individual funds.
5. This ordinance shall take effect July 1, 2019.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance amending Section 10-3 (Levying of License Fees and
Taxes) of the Roanoke County Code, raising the threshold of
annual gross receipts for those entities required to pay the
County Business License Tax (from $125,000 or more to $135,000
or more); and requiring entities that are below the threshold to
pay only an annual $50 license fee (Rebecca E. Owens, Assistant
County Administrator)
Ms. Owens outlined the request for ordinance. There have been no
changes since the first reading on May 14, 2019.
Chairman North opened and closed the public hearing with no citizens to
speak on this agenda item.
ORDINANCE 052819-9 AMENDING SECTION 10-3
(LEVYING OF LICENSE FEES AND TAXES) OF THE ROANOKE
COUNTY CODE, RAISING THE THRESHOLD OF ANNUAL
GROSS RECEIPTS FOR THOSE ENTITIES REQUIRED TO PAY
THE COUNTY BUSINESS LICENSE TAX (FROM $125,000 OR
MORE TO $135,000 OR MORE); AND REQUIRING ENTITIES
THAT ARE BELOW THE THRESHOLD TO PAY ONLY AN
ANNUAL $50 LICENSE FEE
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214
WHEREAS, Section 58.1-3703 of the Code of Virginia (1950), as amended,
authorizes localities to enact an ordinance levying a local license tax and/or fee for
issuing a business license; and
WHEREAS, Section 10-3(1) of the County Code presently imposes a fifty dollar
($50) annual license fee upon those entities whose annual gross receipts (during the
prior year) are less than one hundred twenty-five thousand dollars ($125,000); and
WHEREAS, Section 10-3(2) of the County Code presently imposes an annual
license tax upon those entities whose annual gross receipts (during the prior year) from
a business, trade, profession, occupation or calling are one hundred twenty-five
thousand dollars ($125,000) or greater; and
WHEREAS, in order to encourage and benefit small businesses in Roanoke
County, it is proposed that the above County Code provisions be amended to 1) raise
the threshold of annual gross receipts for those entities required to pay the County
business license tax from one hundred twenty-five thousand dollars ($125,000) or more
to one hundred thirty-five thousand dollars ($135,000) or more, and 2) require that
entities below the threshold to pay only the annual fifty dollar ($50) license fee; and
WHEREAS, the first reading of this ordinance was held on May 14, 2019, and
the public hearing and second reading was held on May 28, 2019.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors as follows:
1. That Sections 10-3(a)(1) and (2) of the Roanoke County Code are hereby
amended as follows:
Sec. 10-3. - Levying of license fees and taxes.
(a) Subject to the limitations provided in § 58.1-3703.C. of the Code of
Virginia (1950, as amended), and except as otherwise specifically
provided for in this chapter of the Roanoke County Code, there are hereby
imposed and levied for each and every year, beginning with January 1 of
each year and ending December 31 following, and there shall be collected
the following license fees and taxes upon the privilege of doing business
or exercising a profession, trade, occupation or calling, including all
phases thereof, in the county, which license fees and taxes shall be for the
support of the county government, payment of the county debt, and for
other county and public purposes:
(1) There is hereby imposed and there shall be collected an annual license fee
in the amount of fifty dollars ($50.00) for issuance of a license on businesses,
trades, professions, occupations and callings and upon the persons, firms and
corporations engaged therein within the county; provided, however, that this
license fee shall not be charged to any person whose gross receipts from a
business, trade, profession, occupation or calling are one hundred twenty-five
thousand dollars ($125,000.00) one hundred thirty-five thousand dollars
($135,000.00) or greater during the preceding calendar year and who is subject
May 28, 2019
215
to levy and payment of the annual license taxes as provided in subsection (a)(2)
hereof; and
(2) There is hereby levied and there shall be collected the annual license taxes
at the rates and in the amounts hereinafter set forth in this chapter upon any
person, firm, or corporation engaged in a business, trade, profession, occupation
or calling subject to licensure in the county. Except as may be otherwise
authorized by specific or special provisions of chapter 37 (§ 58.1-3700 et seq.) of
the Code of Virginia, 1950, as amended, and this chapter of the Roanoke County
Code, the annual license taxes shall not be imposed upon any person whose
gross receipts from a business, profession, trade, occupation or calling are less
than one hundred twenty-five thousand dollars ($125,000.00) one hundred thirty-
five thousand dollars ($135,000.00) during the preceding calendar year.
2. All ordinances or part of ordinances in conflict with the provisions of this
ordinance shall be, and the same hereby are, repealed.
3. This ordinance shall take effect July 1, 2019.
On motion of Supervisor Radford to adopt the ordinance, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
2. Ordinance amending the Roanoke County Zoning Ordinance -
Explore Park (EP) District (Philip Thompson, Acting Director of
Planning)
Mr. Thompson outlined the request for ordinance. No changes since first
reading.
Chairman North opened and closed the public hearing with no citizens to
speak
ORDINANCE 052819-10 AMENDING THE ROANOKE COUNTY
ZONING ORDINANCE, EXPLORE PARK (EP) DISTRICT
WHEREAS, it is proposed that certain sections of the Roanoke County Zoning
Ordinance that pertain to the Explore Park (EP) District be amended; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on May 7, 2018, and recommended approval of the proposed amendments;
and
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216
WHEREAS, the first reading and public hearing of this ordinance was held on
May 14, 2019, and the second reading was held on May 28, 2019.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors:
1. That Appendix A (Roanoke County’s Zoning Ordinance), Article I
(General Provisions), and Article IV (Use and Design Standards) of the Roanoke
County Code be amended as follows:
ARTICLE I – GENERAL PROVISIONS
SEC. 30-71. EP EXPLORE PARK DISTRICT.
Sec. 30-71-1. Purpose.
(A) The purpose of this district is to establish an area within the county that is
designated and reserved solely for activities associated with the Explore Park,
(hereafter referred to as the Park). These district regulations are designed to
permit current Park uses while facilitating, through adequate public review, the
development of the Park as a family regional destination resort which
incorporates significant natural areas within its boundaries. They are also
designed to ensure that the facilities and services are adequate to ensure the
safe and efficient operation of the Park with a minimum of impact on the
surrounding neighborhood and the larger community.
Sec. 30-71-2. Applicability.
(A) These regulations shall only apply to land in the County of Roanoke owned or
leased by the Virginia Recreational Facilities Authority (VRFA), Virginia Living
Histories, Inc. or the County of Roanoke associated with Explore Park, and to
any facilities, and/or operations on such land.
Sec. 30-71-3. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards are listed in Article IV, Use and Design
Standards, for those specific uses.
1. Agricultural and Forestry Uses
Agriculture
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217
Stables, Commercial *
Wayside Stand *
2. Civic Uses
Administrative Services
Camps *
Cultural Services
Educational Facilities, College/University *
Post Office
Public Assembly
Public Maintenance and Service Facilities
Public Parks and Recreational Areas *
Religious Assembly *
Safety Services *
Utility Services, Minor
3. Office Uses
Financial Institutions *
General Office
34. Commercial Uses
Antique Shops
Automobile Rental/Leasing
Automobile Repair Service, Minor *
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Bed and Breakfast *
Bed and Breakfast Inn *
Business Support Services
Campgrounds *
Commercial Indoor Amusement
Commercial Indoor Entertainment
Commercial Indoor Sports and Recreation
Commercial Outdoor Entertainment
Commercial Outdoor Sports and Recreation
Communication Services
Convenience Store *
Gasoline Station *
Golf Course *
Hotel/Motel/Motor Lodge
Marina
Restaurant/Family
Recreational Vehicle Sales and Service *
Restaurant/, General
Restaurant/,Drive-in or Fast Food *
Retail Sales *
Special Events Facility *
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219
Studio, Fine Arts
5. Industrial Uses
Industry, Type I
6. Miscellaneous Uses
Shooting Range, Outdoor *
Wind Energy System, Small *
(B) The following uses are permitted by right, subject to all other applicable
requirements contained in this ordinance. These uses are recognized as
necessary and appropriate accessory uses within Explore Park. The character
and scale of these uses, however, must be subordinate and incidental to the
permitted uses set forth in (A) above. An asterisk (*) indicates additional,
modified or more stringent standards are listed in article IV, use and design
standards, for those specific uses. The following uses are allowed only by
special use permit pursuant to section 30-19. An asterisk (*) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
1. Civic Uses
Religious Assembly*
Public Maintenance and Service Facilities *
2. Office Uses
Financial Institutions *
General Office
3. Commercial Uses
Automobile Rental/Leasing, with a special use permit*
Automobile Repair Services, Minor *
Business Support Services *
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220
Convenience Store *
Gasoline Station *
4. Industrial Uses
Transportation Terminal *
1. Miscellaneous Uses
Broadcasting Tower *
(C) Within the Park, there shall be limits on developed areas in order to ensure that
at least 30% of the acreage of the Park, within the jurisdiction of the County of
Roanoke, consists of open space, forested space, trails, buffers or natural areas.
To achieve that objective, those uses which are identified in subsection (A) and
(B) above as permitted uses shall not exceed 70% of the Park's acreage in the
County of Roanoke.
1. Calculation of Developed Area ratio.
a. Buildings and other structures, streets and other paving, utilities,
filling, grading, and excavating shall be included in the calculation
of developed area.
b. Any pasture, crop land, forested areas, trails, ponds other than
stormwater detention areas, recreated natural features, buffers and
similar open or yard areas shall not be calculated as developed
areas.
c. During site development review, the limits of disturbance for each
development shall be identified in order to calculate developed
areas. In addition, the identification and calculation of open space,
forested space, trails, buffers and natural areas shall be provided
on an ongoing basis in order to confirm compliance with the
70%/30% ratio.
d. So long as the 70%/30% ratio is maintained, the location of open
space, forested space, trails, buffers or natural areas may be
shifted as development proceeds.
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(D) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk (*) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
1. Miscellaneous Uses
Broadcasting Tower *
Wind Energy System, Small *
Sec. 30-71-4. Rezoning Application Process.
(A) Prior to submitting an application for review and approval under these provisions,
the applicant and the county staff shall confer to discuss the requirements of this
section. The purpose of the meeting is to obtain a mutual understanding of the
application requirements and process.
(B) Any application to rezone land to the EP designation shall constitute an
amendment to the zoning ordinance pursuant to Section 30-14. Once the board
of supervisors has approved the master plan described below, all submitted and
accepted proffers shall constitute conditions pursuant to the provisions of this
ordinance. Development shall occur in substantial conformity with the specifics
set out in the master plan.
(C) To initiate an amendment, the applicant shall complete a rezoning application
packet. This information shall be accompanied by graphic and written information
which shall constitute a master plan. All information submitted shall be of
sufficient clarity, detail, and scale to clearly and accurately identify the location,
nature and character of the proposed district. The information shall include:
1. A legal description of the proposed site. This may be a metes and bounds
description and plat, or a tabular summary of all tax map parcels proposed
for rezoning. If tax parcels are used, a composite plan shall be submitted,
showing the limits of the proposed district and the location of each parcel
within the district. Should survey or title work disclose that any parcel or
portions thereof were erroneously included in the rezoning application,
then the applicant may remove said parcels from the application without
invalidating the rezoning of the other submitted parcels
2. Current information on the existing zoning and land use of each parcel
proposed for the Park.
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3. A topographical survey of the proposed site including information on flood
plains and natural water courses.
4. Minimum buffers between the Park and its neighbors and general details
on the landscaping within such buffers.
5. Information on open space, including how such space might be utilized for
hiking, biking and riding trails or other park uses.
6. Generalized statements pertaining to architectural and community design
guidelines.
7. Description of transportation objectives, identifying current and proposed
connections with state maintained roads with maintenance responsibility
for non-state maintained roads identified. Include connections to
intermodal transportation systems as shown in the Community Plan.
8. Information on proposed plans for public utilities.
9. Inventory of historic resources.
(D) The completed rezoning application and supporting master plan shall be
submitted to the planning commission for review and analysis. The commission
shall review this information and make a report of its findings to the board of
supervisors. The commission shall as part of its review hold a public hearing
pursuant to section 15.2-2204 of the Code of Virginia, as amended.
(E) The commission shall make a report of its findings to the board of supervisors
within 90 days of the receipt of the materials, unless the applicant requests, or
agrees to an extension of this time frame. The commission's report shall
recommend approval, approval with modifications, or disapproval of the master
plan for the Park. Failure of the commission to make a report of its findings to the
board of supervisors within this period shall constitute a commission
recommendation of approval.
(F) If the commission recommends denial of the master plan or approval with
modifications, the applicant shall, upon its request, have up to sixty (60) days to
make any modifications. If the applicant desires to make any modifications to the
master plan, the board of supervisors' review and action shall be delayed until
such changes are made and submitted for review.
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(G) The board of supervisors shall review the master plan and act to approve or deny
the plan within ninety (90) days from the date of the planning commission's action
unless the applicant requests or agrees to an extension of this time frame. The
plan approved by the board of supervisors shall constitute the approved master
plan for the Park. Once approved by the board of supervisors, the administrator
shall authorize the revisions to the official zoning map to indicate the
establishment of the EP district.
(H) Should major changes to the master plan be desired, the applicant has the right
to amend the master plan by following the process detailed in sections D through
G above.
(I) Following the approval of the master plan (which approval signifies that the
proposed site is rezoned to the EP district), the applicant shall be required to
submit preliminary and final site development plans prior to construction for
approval. Final site development plans for any phase or component of the Park
that involves the construction of structures or facilities shall be approved prior to
the issuance of a building permit and the commencement of construction.
Sec. 30-71-4. Site Development Regulations.
General Standards. For additional, modified, or more stringent standards for specific
uses, see Article IV, Use and Design Standards.
(A) Setbacks. Minimum setback requirements for structures from exterior lot lines
and public roads:
1. Front yard: 30 feet, or 20 feet when all parking is located behind the front
building line.
2. Side yard: 10 feet.
3. Rear yard: 15 feet.
(B) Height. Maximum structure height shall be 45 feet including rooftop mechanical.
The maximum height may be increased provided each required yard (front, side,
rear, or buffer) from an exterior property line is increased two (2) feet for each
foot in height over forty-five (45) feet, up to a maximum height of 125 feet. Zip
line towers and observation towers shall be exempt from this section.
(C) Signage. All visible signs from public right-of-way shall be no higher than 25 feet
and shall have a consistent design treatment.
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(D) Buffers. When Explore Park development adjoins a residential or civic use type
exterior to the Explore Park District boundaries, a Type C buffer yard in
accordance with section 30-92 shall be provided along the property line which
adjoins the residential or civic use type.
(E) Lighting. All exterior lighting fixtures shall be designed, located and arranged so
as not to direct glare on adjoining streets or surrounding properties. The lighting
intensity at adjoining properties exterior to the Explore Park District shall not
exceed 0.5 foot candles.
(F) Roads. Roads within the Explore Park District may be public or private. Private
roads shall provide for emergency access.
(G) Open Space/Developed Area. Within the Park, there shall be limits on
developed areas in order to ensure that at least 30% of the acreage of the Park,
within the jurisdiction of the County of Roanoke, consists of open space, forested
space, trails, buffers or natural areas. To achieve that objective, those uses
which are identified in Sec. 30-71-3 (A) and (B) shall not exceed 70% of the
Park's acreage in the County of Roanoke.
1. Calculation of Developed Area ratio.
a. Buildings and other structures, streets and other paving, utilities,
filling, grading, and excavating shall be included in the calculation
of developed area.
b. Any pasture, crop land, forested areas, trails, ponds other than
stormwater detention areas, recreated natural features, buffers and
similar open or yard areas shall not be calculated as developed
areas.
ARTICLE IV – USE AND DESIGN STANDARDS
SEC. 30-80. USE AND DESIGN STANDARDS.
SEC. 30-83. CIVIC USES.
Sec. 30-83-7.5. Public Maintenance and Service Facilities.
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(A) In the EP district, these facilities shall be used to service and maintain only EP
district properties and/or access thereto.
SEC. 30-85. COMMERCIAL USES.
Sec. 30-85-4.5. Automobile Rental/Leasing.
(A) In the EP district:
1. Shall be permitted only with a special use permit.
Sec. 30-85-6. Automobile Repair Services, Minor.
(A) General standards:
1. Exterior display or storage of new or used automobile parts is prohibited.
2. Equipment and vehicles stored overnight on the premises shall be behind
the front building line or at least thirty-five (35) feet from the public right-of-
way, whichever is greater.
(C) Additional standards in the EP district.
1. There shall be a maximum of four (4) service bays, one (1) of which may
be oversized to permit a bus or recreational vehicle to pull though for
service.
2. Where adjoining a residential or civic use type, a minimum one hundred-
foot setback shall be required.
3. No independent advertising through local media shall call attention to the
Explore Park location of the business.
Sec. 30-85-8.5. Business Support Services.
(A) In the EP district, the following shall apply:
1. No independent advertising through local media shall call attention to the
Explore Park location of the business.
Sec. 30-85-9. Campground.
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(B) In the EP district, the following shall apply:
1. Year-round residence(s), including a manufactured home or recreational
vehicle, may be constructed/installed as a caretaker’s home or residence
in addition to other facilities on the property.
Sec. 30-85-13. Convenience Store.
(A) General standards:
1. Limited sale of foods prepared on the premises may be allowed provided
no more than twenty (20) percent of the floor areas is devoted to seating
facilities. Seating areas in excess of this shall constitute a fast food
restaurant.
2. Exterior display of merchandise for sale is allowed under the following
conditions:
a. On a paved walkway within three (3) feet of the building.
b. Ice machines and soft drink vending machines, in operating
condition, shall be stored under roofed areas.
3. The display of vehicles "for sale" is prohibited.
(D) Additional standards in the EP district:
1. No convenience store shall exceed three thousand (3,000) square feet of
gross floor area.
2. Where adjoining a residential or civic use type, a minimum one hundred-
foot setback shall be required.
3. No independent advertising through local media shall call attention to the
Explore Park location of the business.
Sec. 30-85-16. Gasoline Station.
(A) General standards:
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227
1. Bulk storage of fuel shall be underground pursuant to the standards
established by the National Fire Prevention Association (NFPA) and the
U.S. Environmental Protection Agency (EPA).
2. Fuel dispensers shall be located at least thirty (30) feet from any public
street right-of-way, and shall be located at least one hundred (100) feet
from any adjoining residential use type.
3. When adjoining a residential use type, a Type C buffer yard in accordance
with section 30-92 shall be provided along the property line which adjoins
the residential use type.
(C) Additional standards in the EP district:
1. No more than four (4) stations designed for dispensing fuel shall be
located on site.
2. Where adjoining a residential or civic use type, a minimum one hundred-
foot setback shall be required.
3. No independent advertising through local media shall call attention to the
Explore Park location of the business.
Sec. 30-85-24. Restaurant, Drive-in or Fast Food.
(A) General standards:
1. All drive-through windows shall comply with the standards for drive-
through facilities contained in Section 30-91-6.
2. A special use permit shall not be required for any fast food restaurant that
is located within a shopping center.
3. Expansions of existing uses are permitted by right.
(B) In the EP District:
1. A special use permit shall be required for any drive through facilities.
Sec. 30-85-24.5. Retail Sales.
(B) In the EP District:
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1. A special use permit shall be required for any retail sales use, building or
structure that exceeds fifty thousand (50,000) square feet of gross floor
area.
SEC. 30-86. INDUSTRIAL USES.
Sec. 30-86-11. Transportation Terminal.
(A) In the EP district the following standards shall apply:
1. This use is provided to allow various visitor transportation access options
to be constructed within the Park.
2. Typical uses include train depot, marina, bus loading and unloading areas,
and visitor shuttle services.
2. That this ordinance shall be in full force and effect immediately.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 052819-11 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:
That the certain section of the agenda of the Board of Supervisors for May 28,
2019, 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 5 inclusive, as follows:
1. Approval of minutes – April 23, 2019
2. Confirmation of appointments to Parks, Recreation and Tourism Advisory
Commission; Roanoke Valley-Alleghany Regional Commission; Western
Virginia Regional Industrial Facility Authority
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229
3. Request to accept and allocate funds in the amount of $5,329.69 from the
Commonwealth of Virginia to the Clerk of the Circuit Court
4. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Otto Schwizer, Deputy Sheriff-Court Services, upon his
retirement after more than twenty (20) years of service
5. Resolution requesting acceptance of a portion of Huffman Lane into the
Virginia Department of Transportation Secondary System of Highways, Vinton
Magisterial District
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
A-052819-11.a
A-052819-11.b
RESOLUTION 052819-11.c EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO OTTO SCHWIZER, DEPUTY SHERIFF-COURT SERVICES,
UPON HIS RETIREMENT AFTER MORE THAN TWENTY (20)
YEAR OF SERVICE
WHEREAS, Otto Schwizer was employed by Roanoke County on March 22,
1999; and
WHEREAS, Deputy Sheriff Schwizer retired on May 1, 2019, after twenty (20)
years and one (1) month of devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Deputy Sheriff Schwizer’s tenure, he has served as a Deputy
Sheriff-Corrections from March of 1999 until July of 2002 where he became Deputy
Sheriff-Court Services has served with professionalism and dedication in providing
services to the citizens of Roanoke County until his retirement in 2019.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to OTTO SCHWIZER for more than twenty (20)years of capable,
loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
May 28, 2019
230
RESOLUTION 052819-11.d REQUESTING ACCEPTANCE OF A
PORTION OF HUFFMAN LANE, VINTON MAGISTERIAL
DISTRICT, INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
WHEREAS, the street described below currently serves at least three families
and was established prior to July 1, 1992, at which time it was used by motor vehicles
as a public access; and
WHEREAS, the County has determined its subdivision ordinance satisfies
subsection B of §33.2-335, Code of Virginia, and is therefore eligible to make qualifying
additions to the secondary system of state highways maintained by the Virginia
Department of Transportation and fund necessary improvements as set out therein,
except as otherwise prohibited by subsection B of §33.2-336, Code of Virginia; and
WHEREAS, after examining the ownership of all property abutting this street,
including the deeds and related plats, this Board finds no restriction on the use of public
funds for improving of the road; and
WHEREAS, after examining the ownership of all property abutting this street, this
Board finds that speculative interest does not exist; and
WHEREAS, this Board has identified immediately available funding to make
improvements required to qualify the street for addition to the aforesaid secondary
system of state highways, based on the Department's cost estimate of $ 100,000.
NOW, THEREFORE, BE IT RESOLVED, pursuant to §33.2-335, Code of
Virginia, this Board requests the following street be added to the secondary system of
state highways maintained by the Virginia Department of Transportation and hereby
guarantees the right-of-way of the street to be clear, unencumbered and unrestricted,
which right of way guarantee shall including any necessary easements required for cuts,
fills, and drainage:
Name of
Map of O.C. AND LUCY HUFFMAN
Subdivision:
Name of
Street: HUFFMAN LANE
From: 0.30 Mile from intersection of Rutrough Road, Rte. 618
To: Proposed turn around Length: 0.1095 miles
Guaranteed
Right-of-Way
40 feet + (R/W Width Varies)
Width:
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231
_________________________________________________________
___________ or
Right of Way
Instrument #: 201904453-201904459and 201904492-201904493 (9
Instrument
Reference Deeds Total).
and Dates Recorded: May 21, 2019 and May 22, 2019
BE IT FURTHER RESOLVED, this Board requests the Virginia Department of
Transportation to improve said street to the prescribed minimum standards, funding said
improvements with the following funds;
Source of Funds Amount
VDOT / Roanoke County Revenue Sharing Program Funds $ 100,000
BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of
receiving an invoice, all costs that the Virginia Department of Transportation incurs to
relocate existing utilities within the right of way that are discovered during the course of
and in conflict with the construction, drawing such funds from resources other than
those administered by the Department; and
BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of
receiving an invoice, all costs that the Virginia Department of Transportation incurs in
the construction of necessary improvements to the road that are over and above the
estimated cost of improvements or to otherwise identify an eligible source of funds
administered by the Department to cover such costs; and
BE IT FINALLY RESOLVED, that a certified copy of this resolution and a County
check in the amount of $__0__, be forwarded to the Residency Administrator of the
Virginia Department of Transportation.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker, the motion was carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
William Skaff of 4815 Farmington Place Court respectfully asked the Board of
Supervisors not to approve the Reimagine 419 Plan. Reimagine 419 and other town
center plans insert urban centers throughout Roanoke County and introduce increased
density of the built environment contrary to current zoning ordinances. These urban
centers will not remain self-contained, but will encourage developers to build adjacent
high-density projects. Over time these urban centers will alter the character of the
County to predominantly urban. There is no evidence of substantial community support
for Reimagine 419. The 350 residents responding to the County’s on-line survey are a
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small fraction of the impacted population—the more than 64,000 residents who live
within a 10-minute drive of the 419 Town Center Area, according to the Plan. In fact,
independent surveys of Roanoke Valley residents and visitors overwhelmingly favor the
rustic character of Roanoke County— a mix of built and natural environments where the
natural predominates. In June 2018, The Roanoker magazine published the results of
its readership survey, “Best of Roanoke.” The Gold answer for “Best Reason to Live in
the Roanoke Valley” is “The Mountains, Outdoors and Scenery.” Similarly, in March
2018, Expedia posted on its Web site “Americans Pick Their Favorite Destinations”
travel survey. Roanoke was Number 11 in the top 25 favorite medium and small towns.
Roanoke is favored as “a rustic getaway tucked in the Blue Ridge Mountains.” The
Plan’s hostility to the natural environment is demonstrated by its targeting for elimination
even the green areas that currently alternate with the built environment along 419.
Actual behavior of both young people and senior citizens indicates that they are, in fact,
quite mobile and seek a variety of attractions that these high-density developments
simply cannot provide. The vast majority of all ages want passable roads so that they
can reach their destinations safely and in reasonable time. As the Plan notes, according
to VDOT data, the Reimagine section of 419 is the third busiest road segment in
Roanoke County, exceeded only by two sections of Route 220, a major highway. The
increased number of vehicles caused by the development that the Plan calls for would
result in substantially increased traffic and decreased safety on 419. Businesses do not
require town centers. They do need passable roads so that their workforce can reach
their office buildings and factories on time. If the County’s rustic character is preserved,
it will always offer a desirable retreat from denser parts of the state, precisely what will
attract people and businesses in the future. Thoughtful zoning ordinances—including
height, bulk, and spacing restrictions—keep development gradual and orderly. These
ordinances actually prevent the kind of disruptive development that the town center
plans represent. This is why the plans call for zoning changes, defeating the safeguards
that current zoning ordinances provide. With existing zoning ordinances, development
will proceed according to what Roanoke County residents actually want, not what
unelected government officials determine is good for the rest of us and impose on us—
density of the built environment, increased traffic congestion, and elimination of the
natural environment.
IN RE: REPORTS
Supervisor North moved to receive and file the following reports. The
motion was seconded by Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
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233
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of
April 30, 2019
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of April 30, 2019
5. Accounts Paid – April 30, 2019
6. Statement of Treasurer's Accountability per Investment and
Portfolio Policy as of April 30, 2019
IN RE: CLOSED MEETING
At 3:27 p.m., Supervisor North moved to go into closed meeting pursuant
to the Code of Virginia Section 2.2-3711 A 2.2-3711.A.3, Discussion or consideration of
the acquisition of real property for a public purpose, or of the disposition of publicly held
real property, where discussion in an open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, namely Explore Park. The
motion was seconded by Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
Chairman North recessed to the fourth floor at 3:38 p.m. for closed session.
The closed session was held from 3:52 p.m. until 4:17 p.m.
IN RE: CERTIFICATION RESOLUTION
At 7:00 p.m., Supervisor North moved to return to open session and adopt
the certification resolution.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution commending the Honorable Robert W. Goodlatte for
his service to the Roanoke Valley (Phil C. North, Chairman of the
Board of Supervisors)
RESOLUTION 052819-13 COMMENDING THE HONORABLE
ROBERT W. GOODLATTE FOR HIS SERVICE TO THE
ROANOKE VALLEY
WHEREAS, in 2019, the Honorable Robert W. Goodlatte retired from public
office after twenty-six (26) years of dedicated service to the residents of Roanoke,
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234
Lynchburg and much of the Shenandoah Valley in Virginia’s Sixth Congressional
District; and
WHEREAS, as a former attorney, Robert W. “Bob” Goodlatte first ran for the
United States House of Representatives in 1992 and was undefeated in thirteen (13)
general elections and three primary contests, becoming the longest serving
representative in the history of the Sixth District; and
WHEREAS, Bob Goodlatte represented more than 750,000 constituents through
offices in Roanoke, Lynchburg, Staunton and Harrisonburg; and
WHEREAS, during his tenure, Bob Goodlatte served as Chairman of the United
States House Committee on Agriculture from 2003-2004, followed by four (4)
successive years as Ranking Member of the Agriculture committee and served as
Chairman of the United States House Committee on the Judiciary for a full, six-year
term; and
WHEREAS, Bob Goodlatte enhanced transportation in the Sixth District,
introducing legislation to eventually enable the extension of Amtrak service to
Lynchburg and Roanoke and legislation to route Interstate 73 through Roanoke; and
WHEREAS, a champion for fiscal responsibility, Bob Goodlatte proposed a
Balance Budget Amendment to the Constitution in each Congress for the last ten (10)
years; and
WHEREAS, as Judiciary Committee Chairman, Bob Goodlatte helped craft the
USA Freedom Act, which ended the national Security Agency’s collection of phone data
and spelled out how and when the government could access that information; and
WHEREAS, throughout his career, Bob Goodlatte enjoyed the support of his
devoted wife, Maryellen, his children and his beloved granddaughters; and
WHEREAS, Bob Goodlatte was the epitome of a servant-leader, who
represented all of his citizens with the utmost integrity and dedication garnering the
respect of his constituents, colleges and loyalty of this staff.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its appreciation and congratulations to
ROBERT W. GOODLATTE, for all of his leadership, time, innovation and contribution to
the region, Roanoke County and all its citizens; and
FURTHER RESOLVED, the Board of Supervisors does express its best wishes for a
happy and productive retirement.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
May 28, 2019
235
2. Resolution commending the Honorable Joseph P. McNamara for
his service to Roanoke County (Phil C. North, Chairman of the
Board of Supervisors)
RESOLUTION 052819-14 COMMENDING THE HONORABLE
JOSEPH P. MCNAMARA FOR HIS SERVICE TO ROANOKE
COUNTY
WHEREAS, Joseph P. McNamara was first elected to represent the Windsor
Hills Magisterial District on the Board of Supervisors of Roanoke County in November
1997 and served in that capacity from January 1, 1998, through December 31, 2009;
and
WHEREAS, Joseph P. McNamara was again elected to represent the Windsor
Hills Magisterial District in November of 2013 and served in that capacity from January
1, 2014 through November 20, 2018; and
WHEREAS, he has served as Chairman or Vice Chairman of the Board for
twelve years demonstrating leadership, collaboration and conservative financial skills;
and
WHEREAS, he has served on many committees, both in Roanoke County and
the Roanoke Valley-Allegheny Commission; and
WHEREAS, Mr. McNamara is a certified public accountant, who along with our
School Board member from the Windsor Hills District created and established a
Roanoke County Schools Funding formula supporting County Schools, their teachers,
staff and students that is still in use today; and
WHEREAS, Mr. McNamara is a successful small business owner; and
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WHEREAS, he has continued his leadership in the 400 session of the 2019
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Virginia General Assembly representing the 8 District in the House of Delegates,
consisting of a portion of both Roanoke County, Montgomery County and all of Craig
County and the City of Salem, Virginia; and
WHEREAS, throughout his career, Joe McNamara enjoyed the support of his
devoted wife, Cheryl, and his children.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its appreciation to JOSEPH P.
MCNAMARA for all of his leadership, time, innovation and contribution to the region,
Roanoke County and all its citizens.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
May 28, 2019
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3. Resolution commending Peter S. "Pete" Larkin on his service to
the Roanoke Valley (Phil C. North, Chairman of the Board of
Supervisors)
RESOLUTION 052819-15 COMMENDING PETER S. “PETE”
LARKIN FOR HIS SERVICE TO ROANOKE COUNTY
WHEREAS, Pete Larkin began work as District Representative in Congressman
Bob Goodlatte’s office in 1993 before moving to Roanoke to begin service from 1995 to
2012;
WHEREAS, Pete Larkin served as Chief of Staff for Virginia’s Sixth District
Congressman Bob Goodlatte from January 2013 until the Congressman’s retirement on
January 3, 2019; and
WHEREAS, as Chief of Staff Mr. Larkin worked with the Washington office staff
responsible for the Congressman’s legislative work. Additionally, he worked with the
District staff in offices in Roanoke, Lynchburg, Staunton and Harrisonburg responsible
for constituent service in the Sixth District; and
WHEREAS, Mr. Larkin was the remaining member of the original “Team
Goodlatte” Congressional staff upon Congressman Goodlatte’s retirement; and
WHEREAS, he has served the Roanoke Valley on many committees and
organizations such as the Virginia Tech Alumni Association Board of Directors, the
Virginia Tech College of Liberal Arts and Human Sciences Alumni Advisory Board, the
Hokie Club, Virginia’s Blue Ridge Board of Directors, and served on a four-person
committee responsible for establishing Roanoke’s Blue Ridge Marathon. Pete served
for over nine (9) years as a volunteer and coach for Cave Spring National Little League
and spent four (4) years as a team parent for the Cave Spring High School baseball
team. Pete has served as a volunteer for Junior Achievement, the West End Center
and the American Red Cross and played an integral role in the selection and movement
of the 2004 United States Capital Christmas Tree; and
WHEREAS, throughout his career, Pete Larkin enjoyed the support of his
devoted wife, Susan and his son Justin.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its appreciation to PETER S. LARKIN
for all of his time, innovation and contribution to the region, Roanoke County and all its
citizens.
On motion of Supervisor Assaid to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
May 28, 2019
237
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. The petition of SRW Squared LLC (dba Wolf’s Den Billiards) to
obtain a Special Use Permit in a C-2, High Intensity Commercial,
District to operate a commercial indoor amusement facility on
3.98 acres, located at 4820 Hollins Road, Hollins Magisterial
District (Philip Thompson, Acting Director of Planning)
Mr. Thompson outlined the petition of SRW.
Chairman North opened and closed the public hearing with no citizens to
speak on this agenda item.
There was no discussion regarding this petition.
ORDINANCE 052819-16 GRANTING A SPECIAL USE PERMIT
IN A C-2 (HIGH INTENSITY COMMERCIAL) DISTRICT TO
OPERATE A COMMERCIAL INDOOR AMUSEMENT FACILITY
ON 3.98 ACRES, LOCATED AT 4820 HOLLINS ROAD (TAX
MAP NO. 038.16-01-03.03-0000) IN THE HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, SRW Squared, LLC (dba Wolf’s Den Billiards) has petitioned to
operate a commercial indoor amusement facility on 3.98 acres, located at 4820 Hollins
Road (Tax Map no. 038.16.01-03.03-0000) in the Hollins Magisterial District; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on May 7, 2019, and subsequently recommended approval of the special
use permit; and
WHEREAS, the first reading of this ordinance was held on April 23, 2019, and
the second reading and public hearing were held on May 28, 2019; 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. The Board finds that the granting of a special use permit to allow the
operation of a commercial indoor amusement facility at 4820 Hollins Road
(Tax Map No. 038.16-01-03.03-0000), a 3.98 acre parcel in the Hollins
Magisterial District, meets with the requirements of Section 30-19-1 of the
Roanoke County Code; the proposed use conforms with the standards set
forth in article IV, use and design standards, and further conforms with the
following general standards:
a. The proposed use is in conformance with the comprehensive plan of
the County, as amended, pursuant to the provisions of Section 15.2-
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2232 of the 1950 Code of Virginia, as amended, and with official
County policies adopted in relation thereto, including the purposes of
the zoning ordinance.
b. The proposed use will have a minimum adverse impact on the
surrounding neighborhood and community;
2. The Board grants a special use permit to allow the operation of the
commercial indoor amusement facility at 4820 Hollins Road (Tax Map No.
038.16-01-03.03-0000), a 3.98 acre parcel in the Hollins Magisterial District.
3. This ordinance shall be in full force and effect upon its final passage. 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 North to adopt the ordinance, seconded by Supervisor
Peters, the motion was carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
2. The petition of Lindor Development, LLC to rezone approximately
14.90 acres from C-1, Low Intensity Commercial, District to I-1,
Low Intensity Industrial, District for a truck terminal, located near
the 5100 block of Hollins Road near its intersection with Lois
Lane, Hollins Magisterial District (Philip Thompson, Acting
Director of Planning)
Mr. Thompson outlined the petition.
Ben Crew from Balzer introduced Mr. Lindor
Supervisor Hooker commented that they mentioned they want this location
as it is located close to other customers. There were a couple of concerns from
neighbors, the light concern, the County Ordinance does say a one half foot candle at
the property line. Supervisor Hooker then asked about the noise concern. Mr. Lindor
explained they are looking at a berm, approximately ten feet or so. Mr. Crew noted there
were site development items that could minimize some of that and operational items
from the shops. Mr. Lindor stated there were a lot of concerns expressed at the
Planning Commission about how loud the third shift would. Operationally, the bay doors
would remain closed.
Supervisor Hooker stated when she is looking at the concept plan and see
that the back of the parking lot to the back lot line looks like it is more than half of the
property in between the back parking lot line and the back lot line. Do you know how
many feet it is to the back parking to the back lot line?
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Mr. Crew stated if you are looking at a distance, it is 500-600 feet from the back side of
the trailer parking to the back of the property line. Supervisor Hooker stated when she
looks at the buffer between the residential property, Lois Lane and the northern side of
the concept plan, she sees that the buffering goes back all the way to where there is
some heavy wooded area. Mr. Crew stated the intent would be if there is valuable
mature vegetation that we can save, they would much rather keep that in place than
plant new plant material and that is what they have shown.
Supervisor Hooker then stated that it was her understanding that there is a
35 foot buffer with six-foot trees and a fence. Mr. Crew stated it is a six-foot fence and
evergreen trees and deciduous shrubs as part of that buffer. Supervisor Hooker stated
she does not see the fence being depicted. Mr. Crew stated they are in a bit of a
unique situation because the subject property is I-1, the Lois Lane private Drive is R-2,
so that is what they are buffering against, but the adjacent properties to the North, one
of which is C-2, so if they were up against C-2, the buffer would be much smaller, but
they still making a good faith effort to provide that continuous buffer.
Supervisor Hooker asked with regard to the berm, were you saying
instead of the buffer or with the buffer. Mr. Crew stated it would be with the buffer.
Supervisor Radford stated he had visited the site, Excel, so he was trying
to understand the operation. Can you explain how you operate now? It looked like a
big, sprawling complex. He could see your trucks to the right. Mr. Lindor stated they
are leasing from the company and there is a lot of equipment there, which is the main
reason for this property because we do not have a home for our drivers. It acts as a
relay point.
Supervisor Radford then asked if they used any of the services inside the
fence, with Mr. Lindor responding in the negative.
Supervisor North asked if you do not service your trucks there, where do
you service the trucks. Mr. Lindor stated he does not know the exact location and is not
always the same. It is not efficient to service our trucks there. There is no dedicated
contract with any shop.
Supervisor North then asked Mr. Thompson, on page 281 there is a
picture showing a culvert from property discharging toward Tinker Creek and asked him
to comment. Mr. Thompson replied it is the back part of the property, beyond the pad
site there is some drainage. Mr. Crew responded that was part of the original erosion
and sediment control measures.
Supervisor North stated in summary there are 70 trucks a day that belong
to your company already traversing over Hollins Road.
At 8:15 p.m., the Board recessed and was back in session at 8:20 p.m.
Chairman North opened and closed the public hearing with the following
citizens speaking:
Kathy Martin of 1309 Beaumont Road stated she is speaking tonight in
defense of our neighborhoods. She is sure Mr. Lindor has a very excellent business,
but a Tractor Trailer Terminal/Repair/Refueling business would be very detrimental to
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our neighborhood. As you can tell from GIS, this area is primarily residential and there
will be greatly increased tractor trailer traffic on that already heavily traveled road. We
get the traffic between Botetourt and Roanoke continually there. She realizes he is
delivering next door, but given that he wants to grow his business and he will be adding
additional truck and we will end up with even more traffic than we have and the noise of
this operating 24/7. There would be noise from that, tractor trailers and the repairs.
Due to the topography, the noise carries. She is on Beaumont and she can hear the
noise from down there. The air quality would be negatively impacted from the diesel
fumes created by the additional tractor trailer traffic and repairs. Also, the resulting
sediment from the diesel fuel depositing on homes and cars would create additional
problems for the residents. These are valid concerns as there are records of people’s
health, homes and cars being negatively impacted form this sediment and the potential
for toxic runoff is still high no matter how many safeguards are in place. The impact of
this type of industry placed on this parcel could be devastating to the groundwater and
to Tinker Creek. Home values would greatly decrease because nobody wants to live
next to a tractor trailer terminal and repair and refueling station. The people on Lois
Lane would be greatly impacted in their home values. You would not want to live next
to a tractor trailer terminal and repair and refueling business and are you willing to put it
in someone else’s neighborhood. I respectfully ask you to please not betray the
residents of the Hollins area by allowing this type of industry to be placed in our
primarily residential areas.
Valerie B. Stephens of 7015 Brookview Road for almost twenty-seven (27) years.
She respectfully asks all members of the Board of Supervisors to please vote no on the
rezoning request for this property and please not allow the property to be used as a
trucking terminal. A trucking terminal is not an appropriate business to be located near
residential neighborhoods and would not be appropriate for this location. Health and
safety concerns for residents, neighborhoods near the proposed trucking terminal
include increased truck traffic on Hollins Road, trucks going in and out of the trucking
facility with at least 334 trips generated daily out of this facility. This is from the traffic
report that she understands was requested by the trucking company, 334 trips every
day out of the facility. The average annual traffic volume on Hollins Road and other
nearby roads is already very high. There is increased risk to pedestrians, bicycle riders,
automobile drivers from increased trucks on Hollins Road and also to school buses and
children getting off or on school buses. There will be increased traffic on streets in
residential neighborhoods due to vehicles using residential streets as a shortcut or
alternative routes due to increased traffic on Hollins Road. There will be increased
noise from trucks and from the automotive repair services. There will be increased air
pollution emissions from trucks, automobile repair services, gasoline from a fueling
station and hazardous chemicals likely to be stored on site.
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There will be lighting pollution 24/7 from this facility with lights shining at night. There
will be risk and danger to Tinker Creek and the well-water of residential neighbors from
possible pollution and runoff from leaks and runoff from fuel and hazardous chemicals
that will be onsite for the trucking terminal and the refueling station and automotive
repair services. There will be runoff and flooding that may occur in heavy rains and
which could damage homes, roads and nearby residential properties. Property values
for nearby neighborhoods may decrease and may be negatively affected. She believes
the application also has the incorrect name of the owner of the property as it lists
Properties, LLC, but the Roanoke County Zoning map shows the owner as Toma
Properties. The address for the owner on the applicable is an address that is an
address for a different business, so she thinks there is an error in the application too.
Rhonda Bowers of 5249 Lois Lane and their property is adjoining this property
and she does not want to have to move or sell her home because they have a lot of
memories there. We have five (5) children and it is a little piece of heaven. We are
close enough to the stores, but it is really nice. She does not have to watch her kids to
make sure they are not being picked up from anybody. What she is going to ask is that
the last meeting we had whenever they were rezoning at the zoning committee, the
gentleman said there was no noise regulations. Basically, if they are zoned that they do
not have to follow any regulations for noises and we already hear a foghorn around 2 or
3 in the morning from Argaugh. If you don’t believe me, come to her house and we will
sit up and have a cup of coffee and you can listen every night. With the noise, she does
not know if any of you have ever worked in a factory, but she used to work at M & W,
and when it is hot, like it was today, 90 degrees, those bay doors will be open so that
the fan can blow the air. She does not think Mr. Lindor is personally going to be there to
make sure those bay doors are closed, because he will be in Pennsylvania at the home
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base. She has researched, they partner with Watsontown and this is the eighth (8)
company and they have over a thousand suvs, vans and flatbeds. He said they have
400 tractor trailers and whenever you do the hydraulics, the breaks, and you listen to
that noise, none of you would want that beside your house. You would not; the noise is
a big issue for her and the safety of her children in case they pick up hitchhikers and
they bring them there. She does not want them in her backyard. She does not know
those people. As a mom, as a family, she is asking the Board to vote no. She knows
that Roanoke County could use the tax money; she is all for business, but she feels like
there are two (2) places on Plantation for sale, four (4) trucking companies and they are
right side by side. She does not see why he could not remodel, buy those and make it
work there because it is already zoned and it is already there. They could remodel that
property. She asks that the Board reconsider his application.
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Karen Noel of 5215 Lois Lane stated her family have lived on this property for
approximately one hundred (100) years. We lives at 5213 when it was Route 11, Box
50 mailbox. We have been married for 51 years. It has been a quiet place. Her
concern is the nightly noise and the 24/7 that will be going on. We are all on wells and it
is a concern for us, plus the traffic, the in and out of that area. As you go past our
houses, there is a curve up in the area at the Seven Day Adventist Church and is very
hard sometimes to see what is coming at you at 45 mph. When you reach Trevillian the
speed limit changes to 40 mph. The road has two different speed limits and they are
not well obeyed. They come flying up and down because they think it is 45 every day,
but she would just ask the Board to really think this through when it comes our area and
our Lois Lane is a private drive, we do the upkeep on it. It was kissed by the County
and thank you very much as a private lane. There is also a Lois Lane a few miles in
Botetourt down below us that gets confused with us, but we do ask that you reconsider
this. We would very much appreciate it because it has been such a quiet place to be
and we don’t hear Ardaugh as much from our house, but you can hear the cans at night
and you do hear the truck horns early in the morning. Thank you very much for your
consideration.
Robert Woodard of 901 Bolejack Boulevard and we live right behind Ardaugh.
She advised that he had spent nine (9) months listening to sounds from Ardaugh. It is
about halfway taken care of. He now turns his television on a nighttime just to block out
the noise. We heard cans dropping during the night. He literally can throw a football
and hit Ardaugh; it is literally right behind his house. The buffer they are talking about
putting in down by the creek, we are way up above them. We are probably sixty feet
(60 ft.) away and looking down on the property they are talking about. There is no way
you are going to block that sound or any light from coming up to us. He just wants the
Board to take that into consideration. We know there is going to be noise. There is no
way to stop it. We have been living with it for two (2) years now. Please take that into
consideration and there is probably eight to ten (8 to 10) houses that look down on that
property. If we are down on the creek and you put a buffer in, we would not hear it, but
we are way up above. The echo that comes down from the hollow is just like you are
sitting right there with them at nighttime.
Mr. Crew stated they have covered the majority of the items, but wants to make
sure they are complete and thorough. We talked about the hours of operation,
omissions control and some of the environmental protections that are associated with
the site and we covered pretty clearly the routes as far as short-cut concerns. The
trucks are traveling on the same route, same main route that they are traveling on
today. As far as the operations, bay door closures and noise. This is a new
development so there will be noise associated with it, but through operations and
through development patterns of the site, we will most certainly minimize that as part of
this project. He thinks there is a discrepancy in the number of vehicles.
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Mr. Lindor stated at all of our facilities we have a security system, cameras
throughout our facilities so that our main shop lead can monitor everything, keep track
of his employees and on top of that we are very present. We have our operation guys
who go to the facilities pretty frequently. We have a warehouse in Columbus that he
frequently visits (once a month). It is a family owned business; he works there, his wife
works there, his sister-in-law, cousins are very involved. We care about this company.
We are a very reputable company. We understand the concerns, but with certain things
like hitchhikers, that is not going to happen. Most drivers only have one seat in their
cab to have more personal space. We have cameras in our vehicles, they are not going
to bring another person with them. With regard to eight (8) companies, we create LLCs
for properties that we purchase for insurance, liabilities and things of that nature. With
regard to the trucking companies on Planation, we did look at that two locations; they
are LTC carriers, so there are all these dock doors that are raised about 4 feet high and
they are looking for ground level, so we would have to demolish the entire building. We
spent a lot of time doing our due diligence within Roanoke County and Roanoke City
and other locations.
Supervisor Assaid stated Mr. Lindor has mentioned you would be potentially
expanding in the future, would that be to the rear of the site or are you talking about a
different site altogether. Mr. Lindor advised it would be a completely different site all
together. We are not planning on doing anything else with this site. It would be any lot
that is viable for our operation. Supervisor Assaid stated but there is nothing preventing
you from doing so in the future. Mr. Crew responding in the affirmative other than the
topographical challenges. Supervisor Assaid asked if there was anyone here from
VDOT, with Mr. Crew responding no.
Supervisor Hooker asked Mr. Thompson with regard to the noise, she knows that
it is a different regulation when it is industrial, but are there any noise ordinance with
adjoining properties like this. Mr. Thompson responded there is a listing of noise
disturbances in the ordinance. There is also a list of exceptions, so the normal
operation of commercial and industrial properties that are zoned is one of those
exemptions. Supervisor Hooker than stated going back historically on this piece of
property, it was originally industrial, we thought there was going to be a church and
daycare that came in, but it was never built, so now it is going back to that industrial
setting, potentially where there is quite a bit of industrial on that road with the exception
of the residential next door. If it wasn’t this industrial use for the trucking terminal, it
could be very well be another industrial use with Mr. Thompson responding in the
affirmative. Supervisor Hooker then asked why Lois Lane is zoned C-1. Mr. Thompson
responded that the actual road is zoned R-2, does not know why the homes were zoned
commercial.
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244
Supervisor Peters stated the only comment he would make is when you look at
the zoning of this entire street, there is basically industrial on both sides and with that
Roanoke County is almost right across the street from this property and will be going
almost the same thing (service facility). So, he says it is hard to say this is not a good
fit, when we are doing the same thing and Ardaugh is right beside it.
Supervisor Radford went out to the site and he was there between 11:00 a.m. to
11:45 am and walked all the way down to Lois Lane, saw the chickens in the yard and
the dogs barking. He went all along there and walked the property in question. It is a
nice piece of property. He did hear a little bit of noise from Ardaugh. He then took his
car to the Fleet Center and it is quiet as a church mouse, so he thinks you can have
those types of industries in there without that intensity, noise. There is a big contrast
between a truck terminal and our fleet service center. He walked from one end to the
other and all the bay doors were open and they were working on the vehicles for the
County. It was quiet, serene and peaceful. The biggest noise he heard was the road
traffic.
ORDINANCE 052819-17 REZONING 14.90+/- ACRES FROM C-1
(LOW INTENSITY COMMERCIAL) DISTRICT TO I-1 (LOW
INTENSITY INDUSTRIAL) DISTRICT FOR A TRUCK TERMINAL,
LOCATED NEAR THE 5100 BLOCK OF HOLLINS ROAD, IN THE
HOLLINS MAGISTERIAL DISTRICT
WHEREAS, upon the petition of Lindor Development, LLC to rezone
approximately 14.90 acres from C-1 (Low Intensity Commercial) to I-1 (Low Intensity
Industrial), located near the 5100 block of Hollins road near its intersection with Lois
Lane, in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on May 7, 2019, and
recommended approval of this application; and
WHEREAS, first reading of this ordinance was held on April 23, 2019, and the
second reading and public hearing were held on May 28, 2019; 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. The Board approves the rezoning requested by petition of Lindor
Development, LLC to rezone the parcel located near the 5100 block of Hollins
Road near its intersection with Lois Lane (Tax Map No. 039.09-01-02.00-
0000) from C-1 to I-1.
2. The Board finds that the proposed rezoning is consistent with the purpose
and intent of the County’s Comprehensive Plan and good zoning practice,
and will not be a substantial detriment to the community.
May 28, 2019 245
3. This ordinance shall be in full force and effect thirty (30) days after its final
passage. 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 Hooker to adopt the ordinance, seconded by Supervisor
Peters, the motion was carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, Hooker, Peters
NAYS: Supervisors Radford, North
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor North advised Roanoke County Economic Development is
partnering with the City of Roanoke and the Small Business Development Center to
present "Scaling up your Business"workshop. The workshop will be held on July 18th at
9 a.m. at the South County Library. Representative and partners of the Roanoke
Regional Small Business Center will provide participants with the foundation and
strategies needed to accelerate profitable growth. To register or learn more, contact the
Economic Development office at 772-2070.
IN RE: ADJOURNMENT
Chairman North adjourned the meeting at 8:49 p.m. to June 12, 2019, as
the June 11th meeting has been moved to June 12, 2019.
b itted by: Approved by:
I #144 -n 0 4
Deborah C. hil C. North
Chief Deputy rk to the Board Chairman
May 28, 2019
246
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