8/25/2018 - Regular
September 25, 2018
347
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 September 2018. 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 Hooker called the meeting to order at 3:00 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Martha B. Hooker, Supervisors George G. Assaid,
Joseph P. McNamara, Phil C. North and P. Jason Peters
MEMBERS ABSENT: None
STAFF PRESENT: Thomas C. Gates, County Administrator; Daniel R.
O’Donnell, Assistant County Administrator; Richard
Caywood, 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: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Hooker added the following closed session: Section 2.2-
3711.A.8, Consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice by such counsel,
namely the Vinton Gainsharing Agreement. There were no objections.
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IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Citizen Recognition by the Police Department (Howard B. Hall,
Chief of Police)
Chief Hall introduced Mr. Gingrich, Officer Pomposini and Commander
Kuyper. Recognition was given.
2. Recognition of Deputy Chad Beheler, Virginia Sheriff's
Association 2018 VSA Deputy of the Year (Eric Orange, Sheriff)
Sheriff Orange introduced Deputy Beheler. Recognition was given.
IN RE: BRIEFINGS
1. Briefing to update the Board of Supervisors on Hurricane
Florence storm damage and response (Stephen G. Simon, Chief
of Fire and Rescue)
Briefing was given by Chief Simon.
2. Briefing on a simulator for workforce development (Michael W.
Altizer, Western Virginia Water Authority)
Briefing was given by Mr. Altizer; a PowerPoint presentation was shown.
Supervisor North asked what the cost was with Mr. Altizer advising
$79,000.
Supervisor Peters commented we have heard numerous times about
working on workforce development. This is an option.
Supervisor North asked about partnering with local businesses, i.e.
Caterpillar.
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of Horace Obenchain to rezone approximately 82.05
acres from R-1, Low Density Residential, District to AG-3,
Agricultural/Rural Preserve, District, located at 4191, 4185, and
4165 Barley Drive, Catawba Magisterial District
Supervisor Hooker’s motion to approve the first reading and set the public
hearing and second reading for October 23, 2018 was seconded by Supervisor
McNamara and approved by the following vote:
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AYES: Supervisor Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance approving and authorizing the execution of a Cable
Television Franchise Agreement by and between the County of
Roanoke, Virginia and CoxCom, Inc., d/b/a/ Cox Communications,
Roanoke (Mary Beth Nash, Senior Assistant County Attorney)
Ms. Nash outlined the request for ordinance. Chairman Hooker inquired if
consideration was given to extending to new areas. Ms. Nash stated new service is
based on density. Supervisor Peters inquired if insertion points were brought into the
equation. Ms. Nash explained Cox declined to give any more money because the 2003
funds were not spent. Supervisor McNamara, inquired what would be the downside of
not renewing the agreement. Ms. Nash explained we would go under the State
agreement; no more courtesy service. Cox is really responsive to service issues.
Supervisor Peters inquired if anything has changed verses what we have today. Ms.
Nash responded that it is no better no worse. She compared with another Country, our
agreement is close. We have lost nothing. Supervisor Peters asked if they are doing
anything to enhance. Ms. Nash responded our customers will not see a difference.
Supervisor North inquired if we are hurt financially in the revenue stream. Ms. Nash
explained the old agreement had franchise fee, now communications fee that goes
directly to the State, $270,000 a month.
Supervisor Peters’ motion to approve the first reading and set the public
hearing and second reading for October 9, 2018, was seconded by Supervisor North
and approved by the following vote:
AYES: Supervisor Assaid, North, McNamara, Peters, Hooker
NAYS: None
2. Ordinance declaring surplus and authorizing sale of two (2)
parcels totaling .505 +/- acres of real estate located at 3319 and
3323 Westmoreland Drive, Cave Spring Magisterial District (Ruth
Ellen Kuhnel, County Attorney)
Ms. Kuhnel outlined the request for ordinance. There was no discussion.
Supervisor North’s motion to approve the first reading and set the public hearing and
second reading for October 9, 2018, was seconded by Supervisor McNamara and
approved by the following vote:
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AYES: Supervisor Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance authorizing the acquisition of new public drainage
easements located at 3055 Franklin Street (Tax Map No. 066.02-
02-03.00) and 3065 Franklin Street (Tax Map No. 066.02-02-04.00),
in the Windsor Hills Magisterial District, for the purpose of
facilitating drainage improvements (Tarek Moneir, Acting Director
of Community Services)
Mr. Moneir advised there had been no changes since first reading on
September 11, 2018. There was no discussion.
ORDINANCE 092518-1 AUTHORIZING THE ACQUISITION BY
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY OF
NEW PUBLIC DRAINAGE EASEMENTS FROM KIMBERLY D.
THOMPSON (3055 FRANKLIN STREET; TAX MAP NO. 066.02-
02-03.000) AND BOONE ASSETS L.L.C. (3065 FRANKLIN
STREET; TAX MAP NO. 066.02-02-04.00), FOR THE PURPOSE
OF FACILITATING DRAINAGE IMPROVEMENTS
WHEREAS, Roanoke County has requested that Kimberly D. Thompson grant
the County a new variable five thousand nine hundred eighty-five (5,985.07) square foot
public drainage easement across her property located at 3055 Franklin Street (Tax Map
No. 066.02-02-03.00), in the Windsor Hills Magisterial District; and
WHEREAS, Roanoke County has also requested that Boone Assets L.L.C. grant
the County a new variable four thousand one hundred forty-two (4,142.60) square foot
public drainage easement across its property located at 3065 Franklin Street (Tax Map
No. 066.02-02-04.00), in the Windsor Hills Magisterial District; and
WHEREAS, these two new public drainage easements will contain a drainage
system that will meet current design standards, and will include the construction of an
adequate water outfall to a natural watercourse. These easements will facilitate further
drainage improvements to this residential area along Franklin Street; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on September 11, 2018, and the second reading
was held on September 25, 2018.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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1. That the acquisition of a new variable width public drainage easement across
property belonging to Kimberly D. Thompson, located at 3055 Franklin Street
(Tax Map No. 066.02-02-03.00), in the Windsor Hills Magisterial District,
containing 5,985.07 square feet and shown on the attached plat labelled
“EXHIBIT A” is hereby authorized and approved.
2. That the acquisition of a new variable width public drainage easement across
property belonging to Boone Assets, LLC, located at 3065 Franklin Street (Tax
Map No. 066.02-02-04.00), in the Windsor Hills Magisterial District, containing
4,142.60 square feet and shown on the attached plat labelled “EXHIBIT B” is
hereby authorized and approved.
3. That the County Administrator, or any Assistant County Administrator, is
authorized to execute, deliver and record the deeds, and any other documents
on behalf of the County and to take such further actions as he may deem
necessary or desirable in connection with this project. The form of the proposed
deed is hereby approved with such completions, omissions, insertions and
changes as the County Administrator (or any Assistant County Administrator)
may approve, whose approval shall be evidenced conclusively by the execution
and delivery thereof, all of which shall be approved as to form by the County
Attorney.
4. That this ordinance shall be effective from and after the date of its adoption.
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Peters and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 092518-2 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for September
25, 2018, 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 – July 24, 2018
2. Request to accept and allocate grant funds from the Division of Motor Vehicle
for the Selective Enforcement Grants in the amount of $142,350
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3. Request to accept and allocate grant funds in the amount of $256,972.50
from the National Highway Traffic Safety Administration for the Roanoke
Valley Driving Under the Influence (DUI) task force and the Drug Recognition
Expert Grant
4. Resolution requesting acceptance of Millwheel Drive, Foxfield Lane, Millwood
Drive, Russlen Drive, and Woods Meadow Lane into the Virginia Department
of Transportation Secondary System
5. Resolution confirming the County Administrator’s declaration of a Local
Emergency due to severe weather
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
A-092518-2.a
A-092518-2.b
RESOLUTION 092518-2.c REQUESTING ACCEPTANCE OF
MILLWHEEL DRIVE, FOXFIELD LANE, MILLWOOD DRIVE,
RUSSLEN DRIVE AND WOODS MEADOW LANE INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
ROAD SYSTEM
WHEREAS, the streets described on the attached VDOT Forms AM-4.3, fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County; and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation’s Subdivision Street Requirements; and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention,
which applies to this request for addition.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Forms AM-4.3 to the secondary system of State highways, pursuant to §33.1-229, Code
of Virginia, and the Department's Subdivision Street Requirements, after receiving a
copy of this resolution and all outstanding fees and documents required of the
developer, whichever occurs last in time; and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage;
and
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BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Residency Administrator for the Virginia Department of Transportation.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
RESOLUTION 092518-2.d CONFIRMING THE COUNTY
ADMINISTRATOR’S DECLARATION OF A LOCAL EMERGENCY
DUE TO SEVERE WEATHER
WHEREAS, Virginia Code Section 44-146.21 provides that “in the event the
governing body cannot convene due to \[a\] disaster or other exigent circumstances, the
\[local\] director \[of emergency services\] . . . may declare the existence of a local
emergency, subject to confirmation by the governing body at its next regularly
scheduled meeting or at a special meeting within fourteen days of the declaration,
whichever occurs first; and
WHEREAS, in conformity with the Commonwealth of Virginia Emergency
Services and Disaster Law of 2000 (Virginia Code Section 44-146.13 et seq.), the Board
of Supervisors by adoption of Resolution No. 111798-2, adopted an Emergency
Operations Plan for Roanoke County, and designated the County Administrator as the
Director of Emergency Services; and
WHEREAS, by virtue of the authority vested in him by Section 44-146.21, the
County Administrator, as the County’s Director of Emergency Services, issued a
Declaration of Local Emergency on September 15, 2018, in response to severe weather
in the form of a tropical storm.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA:
That pursuant to Virginia Code Section 44-146.21 Board of Supervisors hereby
ratifies and confirms the Declaration of Local Emergency issued by the County
Administrator, in his capacity as the County’s Director of Emergency Services, on
September 15, 2018.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
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IN RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor McNamara and carried by the following recorded
vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker,
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of
August 31, 2018
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of August 31, 2018
5. Accounts Paid - August 31, 2018
IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors the
preliminary and unaudited budget and financial results for fiscal
year ending June 30, 2018 for the County of Roanoke, Virginia
(Rebecca E. Owens, Director of Finance; Christopher R. Bever,
Director of Management and Budget)
Mr. Bever and Ms. Owens provided an overview through a PowerPoint
presentation.
Mr. Daniel R. O’Donnell, Assistant county Administrator, gave a brief
overview of CSA. Supervisor North asked if there is any data that shows what part of
the County. Ms. Owens responded it has been done but not with her. She will provide
at a later date. Supervisor North would like to see where these numbers are coming
from.
Chairman Hooker stated she would like to give “kudos” to Joyce Earl and
her Department of Social Services for a job well done.
Supervisor McNamara asked about health care.
Supervisor McNamara then asked about revenue growth. Billy Driver,
Director of Real Estate advised growth in new construction. Briefing will be given on
December 4, 2018, Board Meeting.
Supervisor Assaid asked about the facilities study with Rob Light, Director
of General Services advising they would have their first committee meetings two weeks
from tomorrow to decide how they want to interview. Interviews are expected to take
place in late October or November.
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Supervisor McNamara asked with regard to page 25, are these all
recurring? Ms. Owens responded in the negative. Supervisor McNamara commented
last year we had three big dollar items: CSA, VRS and health care. Hopefully, CSA is
gone, VRS is gone and healthcare is the only issue. If you reallocate some of the other
fund balances, you are coming fairly close to making that balanced. If you do not have
any other big expenses, he would suggest reallocating money to the joint school capital
program. How far off from continuing dollars to be at $10 million? We need to find out
at least how far off we are since we are not putting money to capital, at least differently.
Schools should be in great shape because of the State.
The work session was held from 4:21 p.m. until 5:27 p.m.
IN RE: CLOSED MEETING
At 4:05 p.m., Supervisor Hooker moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2-3711.A.8,
Consultation with legal counsel employed or retained by a public body regarding
specific legal matters requiring the provision of legal advice by such counsel, namely
the Vinton Gainsharing Agreement
The motion was seconded by Supervisor Peters and carried by the
following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
The closed session was held from 5:30 p.m. until 6:00 p.m.
At 4:06 p.m. Chairman Hooker recessed to work session and closed
session.
IN RE: CERTIFICATION RESOLUTION
At 7:00 p.m., Supervisor Hooker moved to return to open session and
adopt the certification resolution.
RESOLUTION 092518-3 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
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WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member’s
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies; and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of the Virginia Association of Counties Achievement
Awards (Dean Lynch, Executive Director, Virginia Association of
Counties
Mr. Lynch provided an overview of the Achievement Awards, which the
County was awarded for Mobile Command Unit. David Wray, GIS Manager, explained
the program and introduced Todd Moreland. David Wray explained the program and
introduced staff that worked on the application; Todd Morland, Todd Booth, Darren
Jones, Kyle Nixon.
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. The petition of Michael Sanctuary and Dezaray Allaire to rezone
approximately 5.35 acres from I-1, Low Intensity Industrial,
District to AG-1, Agricultural/Rural Low Density, District, located
at 4053 Aerospace Road, Vinton Magisterial District (Philip
Thompson, Acting Director of Planning)
Mr. Thompson outlined the request for petition. Chairman Hooker opened
and closed the public hearing with no citizens to speak. There was no discussion.
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ORDINANCE 092518-4 REZONING APPROXIMATELY 5.35
ACRES FROM I-1 (LOW INTENSITY INDUSTRIAL) DISTRICT TO
AG-1 (AGRICULTURAL/ RURAL LOW DENSITY) DISTRICT;
LOCATED AT 4053 AEROSPACE ROAD, VINTON
MAGISTERIAL DISTRICT
WHEREAS, in 1978, 5.35 acres of an approximately 9 acre property located at
4053 Aerospace Road (Tax Map No. 090.00-03-34.00-0000), in the Vinton Magisterial
District, was rezoned from agriculture (AG-1) to light industrial (I-1) use to allow the
operation of an insulation business (the remaining portions of the property continued to
be zoned AG-1); and
WHEREAS, the insulation business no longer operates on the property; and
WHEREAS, Michael Sanctuary and Dezaray Allaire, the present owners of the
property purchased the property in 2017 and desire to build a single family residence on
the property. They have accordingly filed a petition to rezone the industrial portion of
their property back to its former agricultural designation); and
WHEREAS, the first reading of this ordinance was held on August 28, 2018, and
the second reading and public hearing were held on September 25, 2018; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on September 4, 2018; and
WHEREAS, the Planning Commission recommends approval of the petition; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
A. The petition of Michael Sanctuary and Dezaray Allaire to rezone
approximately 5.35 acres (located at 4053 Aerospace Road, in the Vinton
Magisterial District (Tax Map No. 090.00-03-34.00-0000) from an I-1 (low
intensity industrial) district to an AG-1 (agricultural/ rural low density) district,
is hereby approved.
B. 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.
C. That 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 Peters to adopt the ordinance, seconded by Supervisor
Assaid and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
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2. The petition of Southwest Virginia Wildlife Center of Roanoke, Inc.
to obtain a Special Use Permit in a AR, Agricultural/Residential,
District to construct buildings on a parcel without public road
frontage per Section 30-23-5(B) of the Roanoke County Zoning
Ordinance on 2.85 acres, located at 5985 Coleman Road, Cave
Spring Magisterial District (Philip Thompson, Acting Director of
Planning)
Mr. Thompson outlined the request for petition. Sabrina Garvin spoke on
behalf of Southwest Virginia Wildlife Center of Roanoke, Inc.
Chairman Hooker opened and closed the public hearing with the following
citizens speaking:
Ellen Ghiringheli of 6944 Old Mill Road at the bottom of Bent Mountain,
which she believes is in the Windsor Hills District. She was born in Roanoke and has
been a permanent resident since 1985. This topic is fueled with a great deal of
emotion. Those of us who hold ourselves to a God contract are compelled to fight for
the Wildlife Center and all it does to enrich our environment, bringing uniqueness to our
town and save our wildlife. I hold a true understanding of the opposition’s grievances,
but feels obligated to speak on behalf of the Center. The Seymours and the Mavers
and the other neighbors would like you to believe that the Wildlife Center diminishes
their property value, even more so if the raptor rehabilitation barn is built. They would
also like you to believe that construction would be unsightly. The fact is the Center has
been in operation since 2014. The Seymours purchased a second piece of property
and the neighbor’s purchase took place in 2017, with complete knowledge that the
Center was in full operation. Why make that investment in the first place if your concern
is diminished market value. Our raptor building is designed by an architect and would
be no more different than a neighbor erecting a large barn or collectors garage, yoga
studio or wood shop. The aggrieved recently opened solicited landowners on Crystal
Creek to purchase road frontage and even more neighboring land. They are building
additions to existing property and making plans for more home sites. The aggrieved
actions contradict their complaints. The fact is, one could argue, that the beauty and
serenity of the Center brings could increase the market value, as there are many who
would desire to be near such a place. The aggrieved would like you to believe there will
be an increase in audible noise coming from the barn. The fact is we are not
rehabilitating howler monkeys, whose call can be heard for three miles or even
hundreds of birds at one time, which is what it would take to have a notable, audible
increase. Raptors are reclusive and shy and typically vocal when calling to their young.
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Our noise level is much less audible and much less offensive than the aggrieved
shooting parties, where hundreds of rounds of ammunition is fired. The aggrieved
actions contradict their complaints. The aggrieved would like you to believe that the
increase traffic and disturbance from headlights is a major concern and that this
increase in traffic is a threat to their children’s safety. The fact is our hours of operation
are Monday through Sunday, 9-5. We do on occasion have busy days when
transporters and volunteers come and go and we have days when not one car except
for staff travels the driveway. We implore our staff and transporters to travel the speed
limit and operate cautiously. We do not give tours, provide classes, invite crowds, throw
birthday parties, host Thanksgiving dinners or Christmas brunches. We do not shuffle
children back and forth to school or extracurricular activities, which is natural traffic that
neighbors should expect. Our patterns are no different than a busy family. Their
children are safe in their yards. No child is safe playing on or near the street. The
aggrieved have cut down the majority of the natural noise and dust barrier along their
property and placed outdoor seating as close to the road as possible, yet placed fenced
gardens as far away from the road as possible. The aggrieved actions contradict their
complaints. It is the m.o. of the aggrieved to use zoning appeals to stall or deter
projects that are not exclusively profitable to him. This time he has enlisted the bevy of
neighbors to use fear and hysteria tactics. She would ask the Board to consider the
sustaining impact the Southwest Virginia Wildlife Center delivers to our beautiful County
and its natural environment. Today, cast your vote on the measure of how well our land
use laws are served in this matter.
Sarah Martin of 6241 Corntassel Lane stated she is a resident of Roanoke
County and has been a volunteer at the Wildlife Center for the past three years. She is
aware of the allegations raised by neighbors and can assure you that there is no
dumping of dead animals, no risk to human health, no excess noise (wild animals do not
like noise), no adverse effect on the neighbors’ use of their property and no reduction of
property value. The Center is not even visible from their home. The location of the
proposed aviary will not detract from anyone’s view. The aviary will not increase traffic,
since it will be used by birds who are already in the Center’s Care. The neighbors
purchased their respective properties with full knowledge that they would share an
easement with the Wildlife Center. That easement means gravel driveway and a few
bumps. Clearly this was not a deal breaker. Nevertheless, these same neighbors seem
determined to do whatever it takes to force the Center to either move or close. Every
new structure that we like to build just increases their resolve and their opposition. The
growth of the Center and the support shown at these meetings demonstrate that the
Wildlife Center is a needed and valued part of our community. Over the past four years,
many people have invested an enormous amount of time, labor and make the Center
what it is today. We cannot just pack up and walk away. So, here we are at an
impasse. Now, maybe the Center will outgrow its current location. But, increase of
wasting money on legal actions, our neighbors could use their financial resources to
help fund some options that we could pursue for our long-term growth.
September 25, 2018
360
This would be a win-win situation and probably sell lots of Bo biscuits to boot.
Lisa Kirkwood of 3608 Verone Trail advised she did not wish to speak, just
please remember that the Wildlife Center was there before the Maver Creasy home was
purchase and before the Seymour’s purchased their second property.
Gary K. Greer of 3475 Chickasaw Drive, which is in Roanoke County.
The reason that he is here is that he has transported for these people for years and he
keep hearing about traffic. He has been up and down that driveway so many times and
he has never passed one car. Never had to have two cars at the same time. So, the
traffic thing is not what it seemed. If you go different times of the day, you will see.
There are hardly any cars up through there. He just wanted to eliminate that part about
traffic concerns. You remember he was here about Rescue, you remember the Fire
Department. So, here he is at rescue again. These people need to be rescued from
people that do not even understand what would happen to an animal if an eagle landed
in their yard. What would they do with it? Where are they going to take it? Are they
going to go down to Waynesboro and take that animal? No, they are not and that
animal would be lost because it would end up in somebody’s trash can. So, he has
heard people talk before how they really love the wildlife, but do not want them up here.
So, if you really love the wildlife, you want them up here. He wished after going through
all this that they were next door to him. They are the best people. They are sincere.
They give their time. They don’t ask for anything. He did it for years and years and if
his health wasn’t declining a little bit, he would still be able to come back. These are
great people and it is a great place and does not know where all of this is coming from,
but it sure isn’t coming from the wildlife center because they are not disturbing anybody.
That is only a mental gain; he believes that.
Austin Spruill of 5949 Coleman Road and has been a resident of that
property since 1996, preceding the Wildlife Center moving there, contrary to some of
the other opinions. He just wants to address some concerns that have arisen that some
people have addressed tonight. He does not think any of us who have property that
borders the road shared with the Wildlife Center could have realized what would happen
to the neighborhood because of the operation of the facility. While all concerned parties
support the important work and appreciate the work that the Garvins and the staff do to
help rescued animals, the operation of the facility so close to homes in our
neighborhood, as well as the Groves, has led to a number of issues and concerns. He
believes the proposed expansion of the facility will potentially exacerbate the current
issues. The presence of a business operating adjacent to neighborhoods has created
the following concerns. My first concern is the impact of the traffic on the residents of
the neighborhood who live along the shared roadway leading up Coleman Rd. to the
Wildlife Center. Allowing a business to operate in such close proximity to residential
areas creates problems because access to the business property requires easements
across adjacent properties. This concern would apply to any business that has the
volume of traffic traveling up and down that portion of Coleman Road. The volume of
traffic has dramatically increased over time and is causing safety and noise issues to
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surrounding properties. There are drivers driving up and down this shared road at
speeds that are excessive for the road surface, location and grade. There have been
numerous reports by several neighbors of near misses at the mailbox area or coming
out of their driveways. He has personally witnessed people speeding, so it is not
hearsay. Because of safety concerns, we cannot allow our grandchildren or visitor's
children to play in our woods adjacent to this shared road without close attendance by
an adult. To allow expansion of this facility is only going to intensify these issues. My
second concern is a public health concern. As a physician, I am concerned about the
health impact on humans by handling, transport and disposal of deceased animals,
animal body fluids and waste, control of infectious diseases and prevention of exposure
to humans in nearby areas. The addition of more animals (birds) with this proposed
expansion further increases the risk of exposure. As you have seen, the pictures of the
facility and the openness and even what Dr. Garvin said about raptors and what kind of
animals that they tend to deal with creates potential health risks to surrounding
neighbors. While Dr. Garvin has assured me that the Wildlife Center has strict
guidelines they are required to follow and have regular inspections for compliance, there
are certain potential health risks that cannot always be controlled for, even with regular
inspections and adherence and compliance to regulations. These concerns arise from
the close proximity of a wildlife hospital operating close to neighborhoods filled with
families. He would encourage the Board to deny the request and for everyone to work
on an acceptable solution to assist the Wildlife Center relocate to a more remote area of
the County that would allow for the expansion they desire. There seems to be a lot of
support for this facility and that support could be tapped to help fund that transition.
Stan Seymour of 5942 and 5960 Coleman Road stated that they have
lived at 5960 in 2004, we moved in August 22, 2004 and then when the property came
available next door they moved and sold the other property to help finance. The couple
that bought it got a divorce and wanted to sell it to myself or the Garvins. He bought it,
they didn’t. It is not one of those things where he went in to stop them. He went in to
stop everybody else. When they bought the house at 5960, Buddy Martin lived there
and he was a World War II co-pilot in a B17 in the Pacific theatre and he lived there with
his wife who did not drive, so there were about 30 trucks a week on the easement and
now that the Wildlife Center is there, we have tracked them and the average is 47.9
trips per day. The highest being 78 in one day. We did not oppose the Wildlife Center
the way it was, we are opposing the intensification, especially on the property lines. He
has tried no less than 15 attempts, probably 8 to 10 phone calls, three letters in their
mailbox and the County attempted mediation three times. We responded, they have not
responded at all. The three items in the mediation were to follow the 150 setback on
the property line, which is required for more than 200 feet off the road or in front of the
primary residence. You can be within 30 feet if the primary residence is, but they are
changing the use from where they are doing the veterinary stuff to the raptor cage,
which should not be allowed. The other thing was the landscape and buffer, they
should put that in as it is required between businesses and residential and the third
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thing was a road maintenance agreement. Everything else as far as the legal
comments you already have.
Jane Seymour of 5942 Coleman Road stated she just wanted to say this
has never been about what the Wildlife Center does. We have never said anything
about wanting to shut them down. She appreciates what they do. They are somebody
else’s words that did not come from them; it is a fictitious story. It is about protecting
what we own. We are the landowners. We are tax paying property owners. We
provide jobs, we have a business and she feels like they are being neglected; nobody is
listening to our rights. If our rights don’t matter, what is the point? I can go build
whatever I want wherever I want, it does not make a whole lot of sense to her. It seems
like maybe if things had been done properly we would not be here today. It seems like
the rules have been bent for some people, but not for other people. We have attempted
to sit down with the Wildlife Center, but all attempts have failed, not because we chose
to do so but the Center walked away. They have done nothing to mitigate the situation
and instead have ignored us and they and their volunteers have said some nasty things
to us personally. The County and the Wildlife Center should be ashamed of
themselves. We all follow the rules, etc. or we would have complete anarchy. She is
not sure any property owner in the County would be happy with the fact that a neighbor
opened a business in a neighborhood, who now wants to build a 28 square foot
building. Basically a house 30 feet from their property, creating at least 45 counts of
traffic daily, on average, up and down a road that does not belong to them, but it is our
property. It is an easement. By the way, we have been at Coleman Road for 14 years.
Martha Gish-Toney of 2015 Elizabeth Drive in Vinton stated as a citizen of
Roanoke County, a former wildlife rehabilitator and an animal lover, she is asking,
begging the Board to approve this special use permit for the Southwest Virginia Wildlife
Center. This Center provides an invaluable service to Roanoke County and points
beyond. We owe it to the animals, most of which have been injured or orphaned due to
human activity to provide them with a second chance at life. The Southwest Virginia
Wildlife Center and the Garvins have done everything required by the County, the State
and Federal regulations to be in compliance. She has known the Garvins for over 20
years and they do everything by the book and follow all protocols required to work with
Virginia’s wildlife. The Southwest Virginia Wildlife Center is a valuable resource for the
citizens of Roanoke and beyond. VDGIF, the Virginia Maryland College of veterinary
medicine as well as the Wildlife Center of Virginia. The raptor structure is necessary to
condition the birds for release into the wild and to insure they can hunt for survival. The
structure is equivalent to an upscale bard or stable. She suggests that the property is
similar to the St. Francis Service Dogs facility that is located in North Roanoke County
at 8232 Enon Drive, but on a much smaller scale. Just like the Southwest Virginia
Wildlife Center accesses a residential neighborhood. It has been pointed out by the
Roanoke County Planning and Zoning Committee, the Center is not even visible to the
Seymour or the Mavin Creasy residences. She would say that the structures of both
facilities are or will be more attractive than the existing houses on the property. The
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raptors are temporary visitors to the Wildlife Center, they don’t make a lot of noise, so
there is not a valid complaint as the Center is well away from any residences. How
many times can you say you have been disturbed by a hawk, an eagle or an owl?
Unless one is outside the window at someone’s house you would not even know they
are out. While not related to the subject at hand tonight, the private road to the property
has contained the right-of-way for ingress or egress for decades, long before any of the
parties owned the respective properties. She would also like to talk about traffic. If the
Center takes in 1,500 animals, a lot of them come in from same litters, but on a worst
case scenario, if you take 1500 animals a year and divide by 365, it would equate to
about 4.1 cars per day. She would again request that the Board approve the special
use permit for the Wildlife Center. It is viable and very important things for both the
citizens of Roanoke, Roanoke County and for the animals themselves.
Dr. Diane D’Orazio of 6024 Page Valley Road in Roanoke County thanked
the Board for allowing her to speak. She stated she has been the Veterinarian in
Charge for the SW VA Wildlife Center of Roanoke at its current facility since it opened in
2014. She would like to tell you a little bit about our clinic and why it exists. In July,
2015, we satisfied the State's requirements to become a licensed veterinary facility, the
only one in Southwest Virginia providing care solely to native wildlife. We went through
a rigorous three (3) hour inspection by the Board of Veterinary Examiners to document
that we are compliant with all regulations regarding the operation of a veterinary
hospital. Before our rehab center became a licensed clinic, we had to transport our
patients to other facilities for certain services such as blood work, x-rays, surgery, etc.
This was stressful for our patients and disruptive to the clinics generously providing that
support. Our growing case load revealed our area's need for a licensed clinics solely for
wildlife. Our center has an impact far and wide. We offer a service to other vet clinics in
Southwest Va. by providing a place where wildlife calls can be referred. We have also
developed a relationship with the VMCVM at VA Tech that provides wildlife medicine
training for 4th year vet students. Student volunteers in the "Wildlife Ward" at the vet
school admit and triage cases that are then transported to us for further care. This
summer, our clinic participated in a deer project at Virginia Tech that studied the
prevalence of Lyme's Disease in fawns. We have helped collect ticks for research
projects at Old Dominion University and the University of Georgia. trying to understand
one of the most important disease reservoirs that impacts human health locally and
globally. The University of Georgia project is ongoing and is revealing new tick species
in our area. We continue to develop and nurture relationships with government
agencies, educational institutions, and civic organizations in an effort to care for one of
our area's most precious resources, our wildlife. Many of you don't know that the West
Nile virus was first identified in 1990 when wild life rehabbers noticed large numbers of
crows and other species in the Corvid family being admitted with neurological signs who
were dying even with aggressive supportive care. The CDC was notified and ultimately
the virus was identified. There are currently 16 tick diseases affecting humans, 4 of
which have been described in the last 5 years. That's almost one new disease per year!
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The take away from all of this is that our center plays an important role in disease
surveillance for current and emerging illnesses that affect humans as well as animals.
The health of our wildlife population is intimately associated with the health of the
human population. If they are sick, we're sick!
Tamiah Parlmer currently lives on her college campus of Ferrum College.
She would like to talk about the experience of her internship at SW Virginia Wildlife
Center. Being a student at Ferrum College, she is required to have a summer
internship in order to graduate. So, she decided to volunteer at a local wildlife center
because that is a career path that she wants to go into, wildlife rehabilitation. What she
has learned there is much greater than what she can learn in the classroom with hands
on experience with many mammals, songbirds and yes raptors. Even though she was
only able to handle one or two raptors, it would be very beneficial for future interns and
volunteers to have a raptor facility so they too can get hands on experience, not just
with mammals and songbirds, but with raptors. That is her major hope for this raptor
rehabilitation expansion for the SW Virginia Wildlife Center.
Adrian Maver at 5946 Coleman Road, he has the longest abutting
property. The issue is traffic. It all started with Sabrina Owens almost running over his
wife and kids. We took them to court and the judge told her to slow down and she
stated her range rover did not do five (5) miles over so she got a new one and it did not
do five (5) miles over either. This all started with traffic and for Ms. Ghiringheli to say
that it is not an issue. He has a game camera for May, June and July that shows
between 46-47 up to 82 trips per day according to VDOT, which he spoke to yesterday.
Mr. Blevins and Marcus Brown in the office in Salem. That is how much traffic is
crossing that road. He has subtracted himself, any deliveries, the garbage truck, UPS
trucks, Mr. Seymour. It is only going to increase with the raptor cage and any other
intensification of use. Dust is clearly an issue. The prevailing wind comes from the
west and blows into their pool. As Ms. Ghiringheli said, we never put chairs close to the
road. We have three chairs by the wood pile on top, but that is not the issue. It is the
traffic. The volume of traffic; the speed of traffic, it is traffic. They don’t have hours like
8-4, they have on camera at 2 o’clock in the morning cars going to their center, 7 days a
week’ not Monday through Friday, and not 9-5 like they say on their website. It starts at
7:45 a.m., the blue Blazer from down the street to all hours of the night, all hours of the
night, seven days a week. For them to claim it is not a traffic issue is just plain
incongruous. He has evidence. He can provide fobs, cards, game camera. He has
anything you want; pictures and details of all of it. So for them to claim it is not an issue
is just not true. So, that is his issue, the traffic. It is not how the building looks; he could
put up a barricade, build a bigger woodpile that is not the issue. It is the volume of
traffic and the speed of traffic. When we told her to please slow down our kids have an
issue, she told us in a letter that she thinks 20 mph is a good speed to drive across your
property. He has that in a letter before we went to the judge and that is what she thinks
are okay for her. Your kids shouldn’t be in the road, it is not a road it is an easement
again and the dust is not her problem and she has all of this in writing. We have tried to
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mediate this multiple times and every time even with Mr. Lubeck they have walked away
from the table. The last time claiming we shot at them, which is completely not true.
We have done everything to be neighborly and friendly and they have not.
Lydia Hoeppner of 5793 Scenic Hills Drive thanked the Board for hearing
their request to be a raptor flight pen. She has worked and volunteered at SW Virginia
Wildlife Center for over seven (7) years and would like to address some concerns
brought by neighbors about the Center. Concerns have been brought up by the
neighbors over the use of outdoor caging differing from the standard operating
procedure of many typical domestic animal veterinary clinics. The simple fact is that
veterinary clinic catering to domestic animals, especially dogs, cats and other small
exotic animals have no medical necessity for outside caging. The standards of care set
by their regulations and governing bodies is most commonly represented by the
American Animal Hospital Association (AAHA) and has no requirements for outdoor
caging because it is unnecessary and superfluous to the mission of domesticated
companions and animal care. These standards cannot simply be transferred over to
wildlife veterinary hospitals because the long term goals for patients are very different.
While injured and sick dogs and cats are taken care of the goal is returning to their
homes of their owners. Our patients are cared for with the goal of returning self-
sufficient and reproductively viable individuals to the wild. There is no need for dogs
and cats to be housed in outdoor cages for their recovery, but to deprive wild animals of
this care would constitute negligence from a biological, ethical and legal standing.
While most domestic veterinary hospitals are required to maintain AAHA standards for
their of animals in their facilities, we additionally have to meet standards of the
Department of Game and Inland Fisheries and the Department of the Interior, which
oversees our permitting process and allows us to care for wildlife patients. These
standards differs from those of veterinary clinics as they require outdoor caging. Our
cages are required to meet certain dimensions and sizing requirements to allow our
animals to prosper. Limited or inadequate caging limits the development of our
patients, including babies and injured adults. Without proper outdoor acclamation,
these animals would not survive in the wild. There is no way around it. The entire goal
of our organization of releasing healthy and viable animals back into the wild would be
impossible without outdoor caging. They learn to adapt to weather changes, they learn
to forage and hunt, built up flight muscles and endurance and learn how to be the wild
animals that they are. Releasing these animals without this care would be akin to
sending lambs to the slaughter. Consequently, these outdoor caging requirements are
not in any way needed for domestic animals, but are the basis of the care of wildlife
rehabilitation centers and veterinary hospitals. Our current limited caging forces us to
transport raptor patients to a facility nearly two hours away, which is already
overburdened and has caging limitations of their own. This cage would not be a zero
sun gain, but would categorically increase the potential to return more raptors to the
wild. Furthermore, concerns brought up by the neighbors over the shared road or
easements are worth addressing, but are beyond the scope of this hearing and because
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the cage would not impact the level of traffic on the shared road and may, as suggested
in the previous meeting, reduce the traffic level because there won’t have to be a high
number of transporters going to and from the road to transport patients to other
facilities. In summation, this value to our community, ecology and individuals animals
cannot be understated and this cage is a necessity.
Elizabeth Haley Olsen-Hodges of 55815 Coleman Road stated she is at
the Center and does a lot of things, but one of the things she looks at is current
research and aid in conservation and studies that are going on. She can say that many
of the birds that can be helped by the construction of this pen are ones that are currently
facing rifts not only in Virginia, but nationwide. The following statistics are brought to you
by the Audubon Society, based on up-to-date research in the State of Virginia and only
include the birds that would be impacted by the construction of this facility. (Please take
notes, as there will be a test afterward.) The bald eagle is expected to lose 74% of its
summer range and 58% of its winter range by the year 2080. The common raven, 62%
summer and 35%, respectively and the American kestrel is expected to lose 72% of its
range again by 2080. In addition, the state of North America’s birds in a 2016 a study
that was published and researched collectively by 49 different agencies, including the
U.S. Department of Defense, U. S. Fish and Wildlife, USGS, USDA and others stated
as such, “over 1/3 (37%) of all North American bird species need urgent conservation
action or at risk of extinction in the near future without significant action. This does not
include the 49% of species that our government found to be at a less severe, but still
looming risk, totaling 86% over 900 bird species that has the risk of extinction in North
America without intervention right now. In addition, there was a new study that was
published earlier this month, specifically with raptors entitled The State of the World’s
raptors, which stated, “over ½ of the world’s raptors have declining populations, many at
rates that were more than they thought they were. She knows that realistically
speaking, the Center cannot fix or solve all of the conservation issues that our County
and State faces, but the Center can help preserve and protect what is already there
while also educating the public about the problems our wildlife faces. We are the first
wildlife center in the world that she can find that has directly contributed data to a
breeding bird atlas rating protocol that no one else has ever written before. She would
like to send with, “God may have created the earth, but it is we the people who have
developed the Roanoke Valley. It is we that must come together in order to form a
more perfect planet, establish stewardship, ensure ecological tranquility, provide for the
longevity of the commons, promote the general welfare of our community and conserve
the blessings of these mountains and valleys to ourselves and to our posterity so that
we do our very best to answer this very difficult question: How do we ensure a future for
all of the children of all the species for all of times, because without these creatures that
we share the world with that protect us, provide for us and live along side of us, she
fears that this world will not end with a bang, but a whimper.
Courtney Baldwin of 5603 Thordrose Road in Roanoke County stated she
actually wrote to the Board earlier this evening, but feel the need after experiencing the
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meeting today to speak to you about what she wrote. “I am writing to you in regards to
the Wildlife Center on Coleman Road. I was not able to attend the meeting in August,
however, I was able to watch a recording of the proceedings. I was appalled at how
much the center is having to go through for the sole purpose of trying help animals who
cannot help themselves and would otherwise die due to contact with humans. I am a
veterinary technician student and will be graduating in May of 2019, I have worked in
veterinary medicine for 8 years and although I have not personally worked with them, I
know the center does not only an amazing job but a necessary one. Birds of prey are
not like other animals, or other birds for that matter, they require more time, work, and
effort to recover properly enough to return to the wild and be able to hunt. The raptor
cage is a huge step towards recovery for these animals. Even after viewing the August
meeting and hearing the neighbors and their concerns I feel strongly the "pros" vastly
outweigh the "cons." Traffic would be significantly reduced because the transporters
would have less trips to make with the raptors able to recover onsite at the center, thus
reducing the dust and noise which I feel was the greatest complaint. We, as humans,
have such an impact on the natural world, it really shouldn't be this difficult to try to give
back.
Matthew Ballard of 2917 Bonlyn Circle stated back in 2002, he did an
Eagle Scout project with Wildlife Refuge. He came in here in full support of the Wildlife
Center. From what he is hearing tonight, it is not what the wildlife refuge does or can
do, not even about the expansion of what they want to do. It is all a great and wonderful
this. It seems like the main complaint is about the traffic. His logical sense says that if it
all about the easement and traffic to the property, is there another route they can make
a road into their property. If so, the wildlife refuge is a valuable part of our community.
As a part of this community, he would like to offer to help make this road if possible.
Denise Preuss of 8136 Vista Forest Drive stated one thing that keeps
coming back to her that she keeps hearing is that our wildlife Center is a health hazard.
She just wants to address that because it has really gotten to her. As Dr. D’Orazio
pointed out, she thinks we do more to curb any health issues that might come along due
to wildlife working in conjunction with other wildlife institutions. She keeps hearing that
we are disposing of animal carcasses on our property and the fact of the matter is we
keep our dead animal in a donated freezer and they are picked up either weekly or bi-
weekly by a local funeral home who cremates them for us. They do not go outside.
Last of all, we do not release animals on the wildlife Center’s property. They have to be
released in certain areas; proper habitat, the right county, the place they came from.
So, any animals that are spreading disease on anybody’s property is not ours. They are
wild animals that are passing through. She just wanted to make that clear. We are not
polluting the ground with dead, diseased animals.
Supervisor Assaid moved to approve the ordinance with the following
conditions:
1. Concept Plan Conformance. The site shall be developed in general conformance
with Special Use Permit Concept Plan (Exhibit A) for Roanoke Wildlife Rescue
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prepared by Lumsden Associates, P .C. dated April 25, 2018, except the
proposed raptor complex shall be setback 60 feet from the southern property line
instead of 40 feet.
2. Screening. A double staggered row of large evergreen trees shall be planted
along the western property line from the existing driveway to the existing
vegetation shown on the Special Use Permit Concept Plan, which is
approximately 100 feet. Additionally, a double staggered row of large evergreen
trees shall be planted parallel to the southern property line from the western
property east to the line of existing vegetation, between the driveway and
proposed raptor building shown on the Special Use Permit Concept Plan. The
large evergreen trees shall be a minimum of 6 8 feet tall when planted and shall
be spaced 20 feet on center.
3. Raptor Complex Building. The proposed raptor complex building shall be
designed in substantial conformance with the preliminary building plans, except
for those changes that may be required as part of the building plan review
process. The proposed raptor complex building shall be constructed mostly of
wood, synthetic wood like materials, and/or wood composite materials. The
exterior walls of the building shall have a natural wood appearance similar to a
barn, and shall not include any sheet metal. The roof of the building shall be
constructed with the same materials as the exterior walls, but may also be
constructed with skylights, translucent panels, roofing shingles and tin sheeting.
Black Text - Conditions recommended by Planning Commission
Red Text - Proposed Changes
Supervisor McNamara commented he believes the residents went out of their
way to work with the Southwest Virginia Wildlife Center. He appreciated the agreement
that has been put together by Supervisor Assaid and appreciated the traffic concerns.
Supervisor North commented he was in agreement with Supervisor McNamara.
ORDINANCE 092518-5 GRANTING A SPECIAL USE PERMIT IN
AN AR (AGRICULTURAL/ RESIDENTIAL) DISTRICT TO
CONSTRUCT BUILDINGS ON A PARCEL WITHOUT PUBLIC
ROAD FRONTAGE, AT 5985 COLEMAN ROAD (TAX MAP NO.
096.08-02-03.00-0000), IN THE CAVE SPRING MAGISTERIAL
DISTRICT
WHEREAS, since 2014, Southwest Virginia Wildlife Center of Roanoke, Inc.
(SVWC) has operated a veterinary hospital/ clinic at 5985 Coleman Road (Tax Map No.
096.08-02-03.00-0000), a 2.85 acre parcel in the Cave Spring Magisterial District; and
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WHEREAS, Section 30-23-5(B) of the Roanoke County Code requires that on
parcels without public road frontage, a special use permit must be obtained prior to new
development or expansion of existing structures; and
WHEREAS, SVWC desires to construct additional structures, including a raptor
rehabilitation structure, on the property, and have petitioned for a special use permit;
and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on September 4, 2018, and subsequently recommended approval of the
special use permit, with conditions; and
WHEREAS, the first reading of this ordinance was held on August 28, 2018, and
the second reading and public hearing were held on September 25, 2018; 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 construction
of additional structures at 5985 Coleman Road (Tax Map No. 096.08-02-
03.00-0000), a 2.85 acre parcel in the Cave Spring 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-
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 construction of additional
structures at 5985 Coleman Road (Tax Map No. 096.08-02-03.00-0000), a
2.85 acre parcel in the Cave Spring Magisterial District, subject to the
following conditions:
a. Concept Plan Conformance. The site shall be developed in general
conformance with Special Use Permit Concept Plan (Exhibit A) for
Roanoke Wildlife Rescue prepared by Lumsden Associates, P.C.
dated April 25, 2018, except the proposed raptor complex shall be
setback 60 feet from the southern property line instead of 40 feet.
b. Screening. A double staggered row of large evergreen trees shall be
planted along the western property line from the existing driveway to
the existing vegetation shown on the Special Use Permit Concept
Plan, which is approximately one hundred (100) feet. Additionally, a
double staggered row of large evergreen trees shall be planted parallel
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370
to the southern property line from the western property east to the line
of existing vegetation, between the driveway and proposed raptor
building shown on the Special Use Permit Concept Plan. The large
evergreen trees shall be a minimum of eight (8) feet tall when planted
and shall be spaced twenty (20) feet on center.
c. Raptor Complex Building. The proposed raptor complex building shall
be designed in substantial conformance with the preliminary building
plans, except for those changes that may be required as part of the
building plan review process. The proposed raptor complex building
shall be constructed mostly of wood, synthetic wood like materials,
and/or wood composite materials. The exterior walls of the building
shall have a natural wood appearance similar to a barn, and shall not
include any sheet metal. The roof of the building shall be constructed
with the same materials as the exterior walls, but may also be
constructed with skylights, translucent panels, roofing shingles and tin
sheeting.
3. That 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 Assaid to adopt the ordinance, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
At 8:15 p.m. Chairman Hooker called for a 5 minute recess.
IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION
1. Resolution amending the County's Comprehensive Plan by
incorporating the 2018 Roanoke Valley Greenway Plan (Bailey
Howard-DuBois, Planner II)
Ms. Howard-Dubois outlined the resolution.
Chairman Hooker opened and closed the public hearing with the following
citizens speaking:
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371
Frank Sims of 5880 Lake Mount Drive in Roanoke County stated he is one
of the citizen representatives to the Roanoke Valley Greenway Commission for
Roanoke County as well as the Vice Chairman of the Executive Committee. He
appreciated the opportunity to appear in front of the Roanoke County Board of
Supervisors to express his support for approval and implementation of the 2018 update
for the Greenway Plan. He had the pleasure to work on the updated plan with a group
of professional and dedicated individuals who spent many hours in developing a plan
that was done collaboratively and extensive public input. The development of the
Greenway Plan update, which included representatives from the City of Roanoke,
Roanoke County, City of Salem, Town of Vinton and Botetourt County not only
highlighted the importance of the Greenways to each of those jurisdictions but also how
these groups can work together with the overall good of those communities in mind.
The updated Plan represents a well thought out plan to future development of the
greenways for the Roanoke Valley while meeting the goals and objectives of the five
jurisdictions as well as the needs for the general public. He is sure that the Board of
Supervisors recognizes benefits of the Greenways to the Roanoke area relative to
contributing to economic growth as well as the health of those living in Roanoke County
and surrounding communities. It is essential to the continued success of the
Greenways to have support for plans such as the 2018 update to ensure that they
continue to benefit the greater Roanoke Valley. In conclusion, he asks that the
Supervisors agree to support the plan by incorporating it into their Comprehensive Plan
and continue to support the Greenways in the future.
Bud LaRoche stated he is Chairman of the Roanoke Valley Greenway
Commission and also a citizen representative of the Greenway Commission from the
Town of Vinton, Virginia stated he would just like to take a moment to thank the Board
for all of their support through all the years of the Greenway system development. It
has been a long journey, has a long way to go, but the Board has been great. The
County employees who have worked on the Greenway Commission for years, thanks
for your support. The citizen representatives, like Frank Sims from the County. Thank
you for providing Liz Belcher with office space for years and years and for spaces for us
to have Greenway Commission meetings and thing like that. He hopes they can count
on the Board’s support in years to come and hope they will support this amendment to
the Comprehensive Plan.
There was no discussion.
RESOLUTION 092518-6 APPROVING AND ADOPTING AN
AMENDMENT TO THE ROANOKE COUNTY COMPREHENSIVE
PLAN, INCORPORATING THE 2018 ROANOKE VALLEY
GREENWAY PLAN
September 25, 2018
372
WHEREAS, the 2007 Update to the Roanoke Valley Conceptual Greenway Plan
was adopted by Roanoke County, the City of Roanoke, the City of Salem and the Town
of Vinton; and
WHEREAS, Botetourt County became a new member of the Greenway
Commission in 2016, effectively doubling the geographic area of the greenway plan’s
region; and;
WHEREAS, the Roanoke Valley Greenway Commission determined that it was
time to update the 2007 plan and sought assistance from the Roanoke Valley-Alleghany
Regional Commission; and
WHEREAS, a steering committee was organized with staff and citizens, six
public meetings were held and an online survey was distributed to gather citizen input;
and
WHEREAS, the 2018 Roanoke Valley Greenway Plan recommends that the
focus be placed on finishing the Roanoke River Greenway in the next five years,
developing north-south hard-surfaced greenways including Tinker Creek Greenway
over the next ten years, and increasing connectivity to neighborhoods and community
centers; and
WHEREAS, the Roanoke Valley Greenway Commission recognizes that
implementation of the 2018 update will require continued cooperation among the many
partners and that development of any specific greenway will require approval by the
local governing body and a determination by the local governing body to allocate
funding to that project; and
WHEREAS, the Roanoke Valley Greenway Commission approved the 2018
Roanoke Valley Greenway Plan on June 27, 2018, and the Roanoke County Planning
Commission held a public hearing on Tuesday, September 4, 2018, and recommends
incorporating the 2018 Roanoke Valley Greenway Plan into the County’s
Comprehensive Plan; and
WHEREAS, on September 25, 2018, the Board of Supervisors held a public
hearing on an amendment to the Comprehensive Plan incorporating the 2018 Roanoke
Valley Greenway Plan, after advertisement and notice as required by law;
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Roanoke County Comprehensive Plan is hereby amended to include
the 2018 Roanoke Valley Greenway Plan as recommended by the Planning
Commission.
2. That this Resolution is effective from and after its adoption.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
September 25, 2018
373
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Peters thanked County Staff, County Administration and
everyone who took part in preparing for our hurricane that did not rip us apart or flood
us out. Again, he wanted to thank all the employees and everyone that was ready and
willing to act if it were to have happened.
Supervisor North stated on September 18, 2018, he attended his first, but
th
the 8 annual Elected Officials Day at Feeding America Southwest Distribution Center.
He got to work alongside other elected officials in the region packing food boxes for
distribution to food banks. It was quite a good feeling to volunteer that day with the
other folks in the valley. On another note, he has an update on the Hollins Town Center
plan. We should have more news coming with next steps to reveal the draft plan and
open a public comment period after another community meeting in early 2019, the
Planning Commission of the Board of Supervisors will hold public hearings as the draft
Hollins Center Plan before the Board considers adoption. Good news for the first part of
2019. Thank you, Philip Thompson, for providing the update.
Supervisor McNamara commented people ask what the Board does. At
this afternoon’s session, there was not a lot of talk back and forth, but there was a lot of
accomplishments and things that happened and we had some more today. He just
wanted to go through what happens “up here” regularly. We talked about work force
development and listened to a possible approach to integrate the Western Virginia
Water Authority with Roanoke County and Roanoke County schools to train people on
heavy equipment. We listened as Supervisor Peters has alluded to, the people of
Roanoke County, paid for with taxpayer dollars, what they were doing to help have us
prepared in the event that we had a severe catastrophic weather event related to
Hurricane Florence. Fortunately, that did not happen, but the workload and the effort
that went into preparing should it happen would have certainly mitigated to some degree
the severity of those actions. We disposed of property owned by Roanoke County that
was not the purpose of what our public service and use would be for. Then we also
took some action on the Greenway Commission. Going back twenty-five years it was a
trail or two and now we really are looking at something that will create a place for people
who are looking to build their business, relocate and develop in Roanoke County. So,
congratulations and thank you again. We had a rezoning and like most rezonings, there
is probably some truth on both sides so you try to weigh what is fair for all parties and
think the Supervisor from Cave Spring crafted a good compromise solution. So, this is
what we do on the Roanoke County Board of Supervisors. It has been a fun day. By
the way, Madam Chair, you conducted the evening quite well.
Supervisor Hooker stated there is a seminar handed to her from staff with
Economic Development regarding strategies to help increase retailers holiday sales. It
is going to be October 17, 2018, from 8:30 to 10:30 a.m. South County Library. If you
have questions, please call Amanda at 682-2108 at the Small Business Development
Center. Staff also made her aware of a special recognition that Northside High School
374 September 25, 2018
received for its efforts to provide inclusive sports and activities for students with and
without disabilities. The award is coming from Special Olympics at the Homecoming
Pep Rally, which occurs this afternoon. The Roanoke County high school was among 6
Virginia schools to receive this distinction and they will be represented with a banner to
hang. Since 2010, Northside has been the host of the annual "Little Feet Meet" for more
than 1,200 elementary school students.
IN RE: ADJOURNMENT
Chairman Hooker adjourned the meeting at 8:31 p.m.
0 bmitted by: Approved by:
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eborah C. J.'s Martha B. Hooker
Chief Deputy Clerk to the Board Chairman