11/20/2018 - Regular
November 20, 2018
421
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 second regularly scheduled
meeting of the month of November 20, 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 an invocation was given by
Executive Pastor Robbie Willard of Fellowship Community Church. The Pledge of
Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Hooker called the meeting to order at 3:03 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 asked to remove New Business Item E.1 Resolution
requesting the Virginia Department of Transportation restrict through tractor truck and
trailer or semi-trailer combinations on Route 628 (Green Ridge Road and Wood Haven
Road) and Route 626 (Thirlane Road) in Roanoke County. There were no objections.
November 20, 2018
422
IN RE: NEW BUSINESS
1. Resolution requesting the Virginia Department of Transportation
restrict through tractor truck and trailer or semi-trailer combinations on
Route 628 (Green Ridge Road and Wood Haven Road) and Route 626
(Thirlane Road) in Roanoke County (David Holladay, Planning
Administrator)
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the purchase 1.706 acres of land from the
Margaret R. Hinchee Revocable Living Trust and Lloyd M.
Hinchee Revocable Living Trust for $36,900 located at 1923
Timberview Road and 0 Timberview Road in Roanoke County
(Doug Blount, Director of Parks, Recreation and Tourism)
Mr. Blount outlined the request for the ordinance. There was no
discussion.
Supervisor North’s motion to approve the first reading and set the second
reading for December 4, 2018, was seconded by Supervisor McNamara and approved
by the following vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance authorizing the granting of a public sanitary sewer
easement to the Western Virginia Water Authority on property
owned by the Roanoke County Board of Supervisors located at 20
Verndale Drive, Hollins Magisterial District (Doug Blount, Director
of Parks, Recreation and Tourism)
Mr. Blount advised that the only change from the first reading was the
addition of the easement plat. There was no discussion.
ORDINANCE 112019-1 AUTHORIZING CONVEYANCE OF A
PUBLIC SANITARY EASEMENT TO THE WESTERN VIRGINA
WATER AUTHORITY ON PROPERTY OWNED BY THE
ROANOKE COUNTY BOARD OF SUPERVISORS LOCATED AT
20 VERNDALE DRIVE, HOLLINS MAGISTERIAL DISTRICT
November 20, 2018
423
WHEREAS, the Western Virginia Water Authority (WVWA) requires a 3,897
square foot easement for an underground sanitary sewer extension and a ten (10) foot
temporary construction easement within Brookside Park, located at 20 Verndale Drive
(Tax Map No. 038.07-02-29.00-0000) in the Hollins Magisterial District; and
WHEREAS, the park currently has a public sanitary sewer line that has reached
its capacity for the community it serves and must be expanded; and
WHEREAS, the required easement area is shown on the plat titled “Exhibit “A”,
Exhibit Showing New Variable Width Public Sanitary Sewer Easement & 10’ Temporary
Construction Easement Being Granted by Roanoke County Board of Supervisors to the
Western Virginia Water Authority Situated at 20 Verndale Drive, Hollins Magisterial
District, Roanoke County, Virginia” prepared by Lumsden Associates, P.C., and sealed
by Larry Thomas Ogle, Jr., on August 22, 2018; and
WHEREAS, the proposed easement will allow WVWA to install a new parallel
sewer line to increase the sanitary sewer system hydraulic capacity and mitigate wet
weather overflows in the area. It will serve the interests of the public and is necessary
for the public health, safety, and welfare of the citizens of Roanoke County; and
WHEREAS, pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on November 7, 2018, and a
second reading and was held on November 20, 2018.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and
is hereby made available for other public uses by conveyance to WVWA for the
provision of sanitary sewer service.
2. That donation to WVWA of a 3,897 square foot variable width easement
and a 10’ temporary construction easement for an underground sanitary sewer
extension and related improvements, within the easement area designated on the
attached Exhibit “A”, which is incorporated herein by reference, on the County’s
property known as Brookside Park, located at 20 Verndale Drive (Tax Map No. Tax Map
No. 038.07-02-29.00-0000) in the Hollins Magisterial District, is hereby authorized and
approved.
3. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on a form approved by
the County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
November 20, 2018
424
On motion of Supervisor North to adopt the ordinance, 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 112018-2 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- 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 November
20, 2018, designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 6 inclusive, as follows:
1. Approval of minutes – October 9, 2018
2. Request to accept and allocate grant funds in the amount of $8,399.65 from the
U. S. Department of Justice’s Bulletproof Vest Partnership to the Roanoke
County Sheriff Department
3. Request to accept and allocate funds in the amount of $22,592.31 from the
Commonwealth of Virginia to the Clerk of the Circuit Court
4. Confirmation of appointments to the Blue Ridge Behavioral Healthcare Board;
Roanoke County Library Board; South Peak Community Development Authority
5. Request to accept and allocate grant funds in the amount of $24,318.45 from the
U. S. Department of Justice’s Bulletproof Vest Partnership to the Roanoke
County Police Department
6. Request to approve revisions to the Board of Supervisors budget development
calendar for fiscal year 2019-2020
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-112018-2.a
A-112018-2.b
A-112018-2.c
A-112018-2.d
A-112018-2.e
November 20, 2018
425
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Jerry Causey of 3418 South Park Circle stated he has, spoken to the
Board before about the flooding issues there on South Park Circle. The erosion that
has taken place, especially on his property, the side that faces Garst Mill Road, has
been tremendous during these last two floods. He actually has some pictures that he
will show to the Board on his phone. A large tree that he mentioned the last time he
was here has eroded the soil from about half of the root system and if it falls in an ice
storm, it is going to fall on his house, as you will see from one of the pictures. He does
not have the money to remove that tree and is asking the County for assistance in
helping to remove that tree. Also, there is a large boulder of concrete that is in the
creek, right at the base of that tree, which he has asked several times and Mr. Workman
has been out to my property a couple of times about that. It needs to be removed. We
have contacted the Water Authority and it is their responsibility to remove it because it is
an old water pipe that was filled in. It needs to be removed. Again, it created a beach
on the other side of his property during these floods. He is just asking that something
be done there as well as helping all of us to get the problems with the creek resolved so
we can reduce the flooding to our properties.
Susan Bandy of 3838 Bradshaw Road thanked the Board for the
opportunity to be here today. She is speaking on the trash trucks going up Bradshaw
Road. This morning as she looked out her picture window, what did she see? She saw
six (6) tractor-trailer truck going by hauling approximately 20 tons of trash each going to
the Smith Gap Landfill via Bradshaw Road within ten (10) minutes. This is a constant
sight that she will see all day with trucks going up and down the road and maybe see
this for several months in the future. What happened to the trash train that hauled the
trash that was out of site? Now, the neighbors of Masons Cove that live on Bradshaw
Road are having to deal with 40 to 60 tractor trailers hauling trash from Salem and
Roanoke and now we also have dump trucks that are hauling commercial trash to the
Smith Gap Landfill. What does this mean? It means that our safety on the road has
been compromised. Bradshaw Road was not built to handle this type of traffic for long
periods of time. Also, someone did very poor planning. They have not maintained their
equipment or made provision for brakedowns by having parts on site. They just say
truck it up Bradshaw, we will save money. What happens if there is an accident on this
narrow winding road, maybe with a school bus or a Radar bus? What is going to
happen if we have an injury or loss of life? Have we saved any money here? Some
food for thought. Help us prevent the trash-trailer trucks using Bradshaw Road as their
main mode of transport. Just for your information, there is one of these trash-trailer
trucks broken down now on Bradshaw Road just in sight of the elementary school,
which is about to be let out or by now has been let out. Please help up with this
problem that we are dealing with.
November 20, 2018
426
Steven C. Bandy of 3838 Bradshaw Road stated he is the President of
Masons Cove Civic Club. He is here today because of promises that were made 27
years ago to the citizens of Masons Cove that Bradshaw Road runs through. We were
told that the only people entering the landfill from Bradshaw Road would be employees,
emergency services and for the delivery of certain types of waste regulated by the
Federal and State. He provided the Board with an attached dated July 22, 1991 that
was signed by the Supervisors at that time and we also had a Civic Club meeting at our
Center. The Mayor of Roanoke City and the Mayor of the Town of Vinton and Elmer
Hodge, Administrator was on board with this idea. You have an attachment dated
September 28, 2016, of the rates for trucking and the only road going to it was
Bradshaw Road. One was from Salem to Smith Gap, one was Tinker to Smith Gap, so
they were thinking about it two years ago. Then, if you look at the attachments, on
March 28, 2018, the minutes mention on page 2 trash on Bradshaw. On April 25, 2018,
page 4, there is a statement that Mr. Garman, who was on the RVRA Board stated, “As
a resident of Bradshaw Road that the people on Bradshaw Road feels that the RVRA
has let us down because they said there would never be trucks on Bradshaw. In
another quote coming from page 7 from Mr. Garman, “The current rain mode is working
for the community.” Then, Mr. Akers, who was also on the Board stated, “Has heard
from community members that the train is like clockwork. They know when it is coming
in and when it is coming back.” This says a lot for the Community of Bradshaw. July
31, 2018, and August 30, 2018, there was a road study and was finalized, which he
does not know the results, but they said in their minutes, page 11, “Truck option was
approved by Committee.” What that means if it goes through, trash trailers and dump
trucks will run all day by their home and this is in Montgomery County. We are seeing
trash trailers and dump trucks on the County side now and big tankers on the
Montgomery side. Who authorized RVRA to authorize the use of trash on Bradshaw
road? He has looked at all their minutes for the last two weeks and they have been
working on it for two years. (A copy of Mr. Bandy’s attachments are on file in the office
of the Clerk to the Board of Supervisors.)
Dale DeWeese of 4664 Bradshaw Road thanked the Board for listening to
us about the trash trucks. A couple of weeks ago, he followed a couple of the trash
trucks all the way to the landfill and 75% of the time they were across the center line. If
you go up Bradshaw Road right now, even down close to the school and Mason Cove
Fire House on the turns, you can see where they have run out of the road and torn the
apron up. He does not know what is going to happen this winter when the roads start
freezing as these tractor-trailers are going to tear the roads all to pieces. Is the
Roanoke Valley Resource Authority going to pay for having these roads fixed or not, he
doubts the State will. We have a good road now. It took us along time to get a good
road up through there and now they are going to tear it up. All you have to do is look at
Interstate 81 and what the truck have done to it. The trash train is the only way to go.
In following these trucks, the other week, on Wednesday, the wind was blowing open
the lids and trash was blowing out onto the highway; just contributing to trash on the
November 20, 2018
427
highway. Nobody on this Roanoke Valley Resource Authority would like to have these
trucks coming by their house. We don’t like it and think it is time that something is done
about it. He thinks that this tipper that is supposed to be broken down and would be
fixed in a months’ time, he has heard on the news last night it might be through January.
Who knows, they are going to keep on postponing hoping that we will get used to the
trucks and like we will forgot it. We are not going to forget it. We would like to thank the
Board for anything they can do to help them out.
Chris Kocher of 3438 South Park Circle stated she is here to talk about
the flooding issue again. She did request some information from Roanoke County. It
seems when the Board approved the permit for Barons Enterprises, there was no
environmental impact study done on our neighborhood, but yet today she learned there
was a study done for the purchasing of the property for the Greenway. Why would
there not be a study ordered for backfilling flood plains. Roanoke County does not
require it. Also, when they were improving the storm drains in her neighborhood, there
was no study down; nothing that you have on record anyway. How to protect your
citizens if you are not finding out the facts about all of this. An environmental impact
study would show where the water was going to be displaced to by backfilling those
flood plains. Also, as Mr. Causey says, they have not been down to clean our creek
out. There is a big metal fence down in the creek behind her house that has been there
since the May flood. It needs to go away. It is causing problems also. There has been
nobody down our street to sanitize it after the sewer lines have overflowed on our street.
They used to come down right after the sewer lines backed up and they would sanitize
our streets. We have lots of kids. We have people walking all the time and we are
carrying all of this sewer into our homes on the bottoms of our shoes. She knows this is
an ongoing problem and it needs to be resolved. We need to find out some information.
She knows the Board has been behind closed doors talking about things and we need
to what those things are.
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
October 31, 2018
November 20, 2018
428
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of October 31, 2018
5. Accounts Paid – October 31, 2018
6. Statement of Treasurer’s Accountability per Investment and Portfolio
Policy as of September 30, 2018.
IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors County of
Roanoke Information Technology and Public Safety
Communications (Bill Hunter, Director of Communications and
Information Technology)
Mr. Hunter provided a PowerPoint presentation. There was no discussion.
The work session was held from 3:42 p.m. until 3:55 p.m.
2. Work session to review with the Board of Supervisors the County
of Roanoke's Capital Improvement Program (CIP) including fiscal
year 2020 - 2029 project requests (Christopher R. Bever, Director
of Management and Budget)
Mr. Bever provided a PowerPoint presentation.
Supervisor North asked about the timing of the facilities assessment. Mr.
Rob Light, Director of General Services advised it would depend on the vendor.
Supervisor North responded that he was anticipating that we would be able to use some
of this to incorporate into our 2020 CIP. Mr. Bever advised that it did not look like it
would happen based on the timing. It took a great deal of time just to get the Request
for Proposal “RFP” out and getting input in from a number of sources. He added that it
takes a little longer in government because we have to go through the RPF process.
He does not think there will be a whole lot of “new” as we relate to facilities because we
know that the assessment is going to allow up to make decisions in the future. We also
know that we have to maintain our facilities, so we are going to strike a balance
between making sure we have enough resources to maintain without doing anything
new or expanded until staff can present the results of the study to the Board.
Supervisor Assaid commented he wanted to make sure that we are not
only adhering to the 10-10-10 policy but the financial policies as well. Mr. Bever
confirmed Supervisor Assaid’s comment.
Supervisor McNamara inquired about the assumption of taxable assessed
value in outlaying years. Mr. Bever responded that a conservative number was used,
approximately 1.5%.
November 20, 2018
429
Supervisor McNamara commented that he appreciates all of Mr. Bever’s
hard work since he came to Roanoke County. So, just another couple of things he
would throw out there as ideas to think about. Stay to the 10-10-10, County School
borrowing program. Part of the financial policies was annual review of the amount of
money that the Schools and County contribute to the program. Our current contribution
is not sufficient to support that borrowing range forever. It is probably not far off, but
thinks that as a part of this budget cycle, we should be looking at what is our shortfall
and put together a plan to get it funded again. While we are in that discussion, the
Schools have stated on numerous occasions that $10 million is not sufficient. He thinks
there ought to be a conversation somewhere early in the budget development process
to determine if that is sufficient from the County perspective. He thinks it is, but he is
not going to be here. If the Schools don’t think it is sufficient, they should be given an
opportunity to increase their contribution into that fund with corresponding increased
borrowing capacity from that fund. So, then the decision is back to the schools. Most
importantly, Rebecca Owens doing the numbers and not at a 3.5% discount rate, but in
the 6% range and then see where we are. We need to fix it; ten years from now
someone is going to be very happy that we fixed it.
Supervisor North stated he would like to echo Supervisor McNamara’s
comment and would like to see some new numbers at some point in time, whenever
staff sees fit to present them.
Supervisor McNamara stated when you get the new numbers, then you
could have a joint meeting with the School Board.
Ms. Owens advised there is a work session scheduled with the Board at
the first meeting in January to discuss.
The work session was held from 3:55 p.m. until 4:48 p.m.
IN RE: CLOSED MEETING
At 3:26 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.1,
Personnel, namely discussion concerning an Interim County Administrator 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 5:02 p.m. until 6:37 p.m.
At 3:37 p.m. Chairman Hooker recessed to work session and closed
meeting.
Chairman Hooker called the meeting back into session at: 7:00 p.m.
November 20, 2018
430
IN RE: CERTIFICATION RESOLUTION
At 7:00 p.m., Supervisor Hooker moved to return to open session and
adopt the certification resolution.
RESOLUTION 112018-3 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each 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 Hooker 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: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. The petition of Richard Atkinson and Kay Atkinson to rezone
approximately 6.398 acres from R-1, Low Density Residential,
District and AR, Agricultural/Residential, District to AV,
Agricultural/Village Center, District and to obtain a special use
permit for a construction yard, located at 4821 and 4835 Poor
Mountain Road, Catawba Magisterial District (Philip Thompson,
Acting Planning Director)
Mr. Thompson outlined the petition. There was no discussion. Chairman
Hooker opened and closed the public hearing with no citizens to speak on this item.
November 20, 2018
431
ORDINANCE 112018-4 REZONING APPROXIMATELY 6.398
ACRES FROM R-1 (LOW DENSITY RESIDENTIAL) DISTRICT
AND AR (AGRICULTURAL/ RESIDENTIAL) DISTRICT TO AN AV
(AGRICULTURAL VILLAGE) DISTRICT; AND TO OBTAIN A
SPECIAL USE PERMIT FOR A CONSTRUCTION YARD;
LOCATED AT 4821 POOR MOUNTAIN ROAD (TAX MAP NO.
064.02-01-56.00-0000), 4835 POOR MOUNTAIN ROAD (TAX
MAP NO. 064.02-01-55.00-0000), CATAWBA MAGISTERIAL
DISTRICT
WHEREAS, Richard and Kay Atkinson, have petitioned to:
1) Rezone an approximately 2.33 acre parcel from R1 (low density residential)
district to AV (agricultural/ village center) district, located at 4821 Poor
Mountain Road (Tax Map No. 064.02-01-56.00-0000); and
2) Rezone an approximately 4.068 acre parcel from AR (agricultural/ residential)
district to AV (agricultural/ village center) district, located at 4835 Poor
Mountain Road (Tax Map No. 064.02-01-55.00-0000); and
3) Obtain a special use permit for the operation of a construction yard located
at 4821 and 4835 Poor Mountain Road; and
WHEREAS, the first reading of this ordinance was held on October 23, 2018, and
the second reading and public hearing were held on November 20, 2018; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on November 5, 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:
1. The petition of Richard and Kay Atkinson to A) rezone an approximately 2.33
acre parcel from R1 (low density residential) district to AV (agricultural/ village
center) district, located at 4821 Poor Mountain Road (Tax Map No. 064.02-01-
56.00-0000); and B) rezone an approximately 4.068 acre parcel from AR
(agricultural/ residential) district to AV (agricultural/ village center) district, located
at 4835 Poor Mountain Road (Tax Map No. 064.02-01-55.00-0000) is hereby
approved.
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.
3. The petition of Richard and Kay Atkinson to obtain a special use permit for the
operation of a construction yard located at 4821 and 4835 Poor Mountain Road;
is here by approved with the following condition:
November 20, 2018
432
a. The site shall be developed in general conformance with the Rezoning
Site Plan dated June 12, 2018, and prepared by Pierson Engineering &
Surveying except large evergreen trees shall be planted along the
construction yard limits instead of large deciduous trees.
4. The Board further finds that the granting of the special use permit 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, and with official County policies adopted in relation thereto,
including the stated purposes of the zoning ordinance.
b. The proposed use will have a minimum adverse impact on the
surrounding neighborhood and community; the Planning Commission has
evaluated adverse use with consideration to items such as, but not limited
to, traffic congestion, noise, lights, dust, drainage, water quality, odor,
fumes and vibrations.
c. In considering impacts, the Planning Commission has given due regard to
the timing of the operation, site design, access, screening, and other
matters which might be regulated to mitigate adverse impact.
5. 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 and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
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 (Philip Thompson,
Acting Director of Planning)
Mr. Thompson outlined the petition. There was no discussion. Chairman
Hooker opened and closed the public hearing with no citizens to speak on this item.
ORDINANCE 112018-5 REZONING APPROXIMATELY 82.05
ACRES FROM R-1 (LOW DENSITY RESIDENTIAL) DISTRICT TO
AG-3 (AGRICULTURAL/ RURAL PRESERVE) DISTRICT;
LOCATED AT 4191 BARLEY DRIVE (TAX MAP NO. 065.00-02-
39.00-0000), 4185 BARLEY DRIVE (TAX MAP NO. 065.00-02-
November 20, 2018
433
43.13-0000), AND 4165 BARLEY DRIVE (TAX MAP NO. 065.00-
02-43.12-0000), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Horace Obenchain, the owner of approximately 82.05 acres located
in the Catawba Magisterial District at 4191 Barley Drive (Tax Map No. 065.00-02-39.00-
0000), 4185 Barley Drive (Tax Map No. 065.00-02-43.13-0000), and 4165 Barley Drive
(Tax Map No. 065.00-02-43.12.0000), is requesting to rezone the property from an R-1
(low density residential) district to an AG-3 (agricultural/ rural preserve) district, to
enable the keeping of livestock on the property; and
WHEREAS, the first reading of this ordinance was held on October 23, 2018, and
the second reading and public hearing were held on November 20, 2018; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on October 2, 2018 and again heard public comments on this matter on
November 5, 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:
1. The petition of Horace Obenchain to rezone approximately 82.05 acres located in
the Catawba Magisterial District at 4191 Barley Drive (Tax Map No. 065.00-02-
39.00-0000), 4185 Barley Drive (Tax Map No. 065.00-02-43.13-0000), and 4165
Barley Drive (Tax Map No. 065.00-02-43.12.0000), from an R-1 (low density
residential) district to an AG-3 (agricultural/ rural preserve) district, is hereby
approved.
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.
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
Assaid and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Peters stated he hoped everyone has a wonderful
Thanksgiving.
434 November 20, 2018
Supervisor North stated he too wanted to wish everyone a happy and safe
Thanksgiving if you are driving or flying or wherever you are going. Hope to see
everyone next time.
Supervisor McNamara stated this would be his last meeting in Roanoke
County probably forever, you never know. He signed off once before and signed back
on. It has been a real pleasure to serve the citizens of Roanoke County; the citizens of
Windsor Hills. They are great people and this is a great Board that he is leaving behind
and he is going to definitely miss leaving this Board behind, but is looking forward to
being in the House of Delegates, not only serving people from Roanoke County, but
serving people from Craig County, City of Salem and part of Montgomery County as
well. It is going to be a little different position, but he is sure our communications will
continue on a regular basis and certainly look forward to it. Thank you all for your
support through the election process and for all his years on the Board. If Mr. Gates
would pass on to the County Staff, it has been a pleasure to work with you and your
entire staff. There is very rarely a situation where when you ask a questions, you don't
get an answer. Roanoke County is great people and we have great people working
here and taking care of great people. It has been a real pleasure and he looks forward
to the next chapter and we go forward and he looks forward to watching what the Board
is doing as well.
Chairman Hooker stated she would like to comment and followup because
Joe is really going to be missed. He has been so valuable to this team and to the
processes that we go through for your expertise in many areas, your good common
sense approach and the only thing that makes it okay that you are leaving us is that you
are going to be serving on a broader level and we appreciate your willingness to serve
and your willingness to step up. It is not easy and watching from a far in what he just
did in this campaign is pretty spectacular. Thank you for your service and your
continued service.
IN RE: ADJOURNMENT
The meeting was adjourned at 7:12 p.m. to a special meeting to interview
candidates to fill the vacancy in the Windsor Hills Magisterial District on November 26,
2019 at 5:30 p.m.
ub itted by: Approved by:
'�pe -no64
De•orah C. .Fs hil C. North
Chief Deputy Clerk to the Board Chairman