HomeMy WebLinkAbout4/22/2003 - Regular
April 22, 2003
341
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
April 22, 2003
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 April, 2003.
IN RE: CALL TO ORDER
Chairman McNamara called the meeting to order at 3:01 p.m. The roll call
was taken.
MEMBERS PRESENT:
Chairman Joseph McNamara, Vice-Chairman Richard C.
Flora, Supervisors Michael W. Altizer, Joseph B. “Butch”
Church, H. Odell “Fuzzy” Minnix
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Brenda J. Holton, Deputy Clerk to the
Board; John M. Chambliss, Assistant County Administrator;
Dan O’Donnell, Assistant County Administrator; Diane D.
Hyatt, Chief Financial Officer
IN RE: OPENING CEREMONIES
The invocation was given by Reverend Gregg Breisch, Youth Minister at
Penn Forest Christian Church, Roanoke, Virginia. The Pledge of Allegiance was recited
by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
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Chairman McNamara welcomed Dr. Weber, School Superintendent, and
Marion Roark, School Board Chair, to the meeting.
Mr. Hodge asked to reverse the order of the briefings and have the Cave
Spring High School capital campaign item presented first.
IN RE: BRIEFINGS
1. Briefing regarding capital campaign for Cave Spring High School
(CSHS). (Terri Langford, President – CSHS Booster Club; Dr.
Martha Cobble, Principal)
Dr. Cobble reported that Lawrence Loesel, a Cave Spring High School
graduate and track coach, submitted a project to improve the athletic facilities. She
advised him that this was a very ambitious project and that he would need the support
of the Cave Spring Booster Club, the School Construction Committee and others. She
advised that Ms. Terri Langford, President of the CSHS School Booster Club, and Mr.
Loesel would present further details about the project.
Ms. Langford advised that she was representing the entire CSHS because
for the first time in 47 years, all of their organizations are joining together to embark on a
capital improvement project. In January, 2003, she reported that Mr. Loesel, a 1988
graduate of CSHS and 2002 graduate of Roanoke College, made a presentation to the
Booster Club. The campaign will raise funds to create an eight-lane, synthetic surface
track that will encircle a football-soccer practice field. Also included will be a field house
containing locker rooms, storage and multipurpose areas for year-round batting cages,
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343
driving ranges and running/throwing/marching space. Funding of $1.5 million is
necessary for these improvements and she believes that through contributions from
CSHS alumni, businesses, grants and other revenue sources, this project can be
successful and will benefit the school, the community and the County. The 8-lane track
will enable the County to hold district, regional and state meets which will have an
economic impact. It will also provide additional playing fields for the Commonwealth
Games and the Roanoke County Parks, Recreation & Tourism Department.
Mr. Lawrence presented the Board with a series of photographs showing
the deteriorating conditions of the track facilities at the high school. He advised that he
and five to seven other individuals plan to run from San Francisco to Roanoke starting
May 5. He introduced Will Stuart, who will be one of the runners, and advised that they
will run about 45 miles per day for 74 days with each athlete running about 10 to 15
miles per day. He thanked the Board for being allowed to make his presentation and
asked the Board for their financial, spiritual and moral contributions.
In response to Supervisor Minnix’s inquiry about the County matching
whatever funds are raised, Mr. Hodge advised that he believes that the limit on
matching funds is $50,000 per year but he is not sure of the amount per project.
Supervisor Minnix asked for unanimous consent from the Board to donate $10,000 to
this project. Chairman McNamara advised that is a request for an appropriation and the
matter should be considered at another time. Supervisor Minnix advised that he wanted
to get the Board members’ approval of the contribution on the record at this time.
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Supervisor Minnix advised that he would be glad to visit businesses and ask for support
for this project and he admired everyone for taking on such an ambitious project.
Supervisors Church, Flora, Altizer and McNamara each expressed their
support for the campaign, encouragement for the speakers, and wished them well in the
campaign.
Mr. Hodge advised that he wanted the Board to hear this presentation
since this was a very interesting and exciting project.
2. Presentation of the fiscal year 2003-2004 budget for Roanoke
County. (Elmer Hodge, County Administrator)
Mr. Hodge advised that he would give an overview of the budget. He
stated that the County had prepared for this challenging year by making careful
expenditures, adopting policies and reserving funds. It was thought that the reductions
from the state would be $2 million but the actual reduction was $570,000 to the
Constitutional Officers’ budgets and some 599 Police, Library and Social Security
Department programs. In order to have the minimum impact on services to citizens, he
reported that the Board had decided to supplement the Constitutional Officers’ budget
reductions.
Mr. Hodge advised that the total County budget was $294 million and the
general government budget was $127 million. The overall revenue growth, including
increased user fees of $625,000, is projected at 3.5% or $4.227 million. He reported
that $55.447 million was transferred to school operations, an increase of $1.037 million
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and $6 million was contributed to the schools debt service. In addition, $419,182 out of
$700,000 was used from the reserves which were set aside last year for non-recurring
capital items.
Mr. Hodge reported on the highlights of the proposed budget as follows:
Public Safety: He advised that since public safety was a priority, Fire & Rescue
personnel were increased by ten and the deputies in the Sheriff’s Office by four. He
reported that the user fees, which helped to fund the increases in public safety,
personnel were: $345,000 rescue fees, $120,000 Sheriff’s jail booking fees, and
$160,000 Sheriff’s Conviction Fees. He pointed out that in addition to the personnel for
Fire & Rescue, $130,000 was included as the County’s share of debt service for the
new SPCA, a regional program between the County, City of Roanoke, Town of Vinton,
and County of Botetourt. Community Development: He advised that $200,000 was
included to begin storm water management and a fleet replacement program has also
begun. He advised that tipping fees for garbage disposal will increase for fiscal year
2003-2004 with $120,000 allocated to the Solid Waste Collection budget. Other: He
expressed appreciation to the Board for their support of the information technology
upgrade. Many of the County’s hardware and software systems have become outdated
and must be replaced. He noted that $1,000,000 has been allocated to upgrade these
systems. Employee Benefits: He advised that the health care increases this year were
much less than in the past and that some good cost control mechanisms are now in
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place. Funds have been included to award an overall 2% salary increase for School
and County employees.
Mr. Hodge reported that some things could not be included in this year’s
budget. These were: (1) Additional Police officers to create a new service district to
reduce response times. (2) Replacement of the Dispatch and Information Technology
Center: Staff is gathering information and will bring this back to the Board. (3)
Replacement of the air packs used by Fire & Rescue personnel at a cost of $80,000.
Staff has applied for grants and these may be funded from the year-end savings.
Mr. Hodge advised that in preparation for next year’s budget, staff wants
to work with the Board to update the Capital Improvement Program (CIP) by reviewing
all County services to look at categories and complete an inventory of what is needed.
He was very pleased with the budget process and thanked the Board for having the
additional work sessions this year. He expressed his appreciation to the members of
the Budget Department: Brent Robertson, Budget Director; Elizabeth Atkinson, Program
Support Specialist; Geraldine Barber, former Budget Administrator; and Chad Sweeney,
new Budget Administrator. He expressed appreciation to Dr. Weber, School Board
Superintendent; Penny Hodge, Schools Budget and Finance Director; and Diane Hyatt,
Chief Financial Officer, for their support during this budget year.
Supervisor Minnix advised that he believes the County uses its money
wisely and that he is proud of both the County and School staff. He is also proud that
during the twelve successive years that he has been on the Board, the County has
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given its teachers a raise. He was complimentary of many County departments
including Fire & Rescue, Police, Parks & Recreation, General Services, and Schools
Supervisor Church advised that he agreed with Supervisor Minnix’s
comments and thanked the County and School staffs and the citizens who allow the
Board to use their money. He agreed that the process this year was much improved
from previous years and that the preliminary work done was beneficial. He advised that
the cultural, tourism, and human services agencies did not get all of the funds they
requested but the Board tried to accommodate them as much as possible. He agreed
that the CIP projects need to be addressed.
Supervisor Altizer expressed his appreciation to all of the people involved
with the budget process. He advised that he was pleased that the budget included
raises for the County and School employees. The budget is a reflection of the things
that the Board was able to do and not a reflection of things they were not able to do.
During a very difficult budget year, the County and Schools accomplished more than he
thought they were going to be able to do and he was pleased that everyone worked
together.
Chairman McNamara advised that the Board is not being asked to adopt
the budget at this time. There is a public hearing tonight for citizens’ comments and the
Board has scheduled an afternoon work session to finalize the allocations to the agency
requests for funding in the budget.
IN RE: NEW BUSINESS
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1. Request to adopt the Roanoke County School budget for the
2003-2004 fiscal year. (Marion Roark, School Board Chair; Dr.
Linda Weber, Superintendent)
A-042203-1
Dr. Weber, School Board Superintendent, expressed appreciation for the
good working relationship that has been established between the Board and the School
Board. She stated that this was a difficult year and thanked the Board members, Mr.
Hodge, the County staff, and Penny Hodge, Schools Budget and Finance Director, for
their assistance. She also thanked the members of the School Board who had to make
some tough choices and stated that she was very pleased that they could give
employees a 2% raise. The Schools are asking for a transfer from the County of
$55,920,239 which is an increase of $1.037 million from last year.
Supervisor McNamara advised that the Board members have a copy of
the Schools’ budget with details concerning the transfer of $55 million.
School Board Chair Roark thanked the Board for their support in operating
the County schools. The Board has recognized the Schools many times this year for
excellence in education awards and they could not achieve these without the Board’s
support. The Schools can never be complacent and must strive to do the best they can.
She thanked the Board for helping the young people of the County.
Supervisor McNamara advised that they are very proud of the School
Board and wished them the best. Supervisor Church advised that Dr. Jim Gallion,
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Deputy Superintendent, Dr. Tom Hall, Assistant Superintendent, and Dr. Lorraine
Lange, Assistant Superintendent, were present and that the Board and School Board
work together for the good of the County.
Supervisor McNamara moved to approve the staff recommendation to
approve and adopt the School Board budget for the fiscal year 2003-2004. The motion
carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Request for approval of Roanoke Regional Airport Commission
budget for fiscal year 2003-2004. (Diane Hyatt, Chief Financial
Officer; Jacqueline Shuck, Executive Director, Roanoke Regional
Airport)
R-042203-2
Ms. Hyatt advised that the Roanoke Regional Airport Commission is
required to submit their budget to the Roanoke County Board of Supervisors and the
Roanoke City Council for approval before it can be formally adopted by the
Commission. The Board has a copy of the budget and the Airport Commission is self
supporting and does not require any additional contribution from the County. She
advised that Ms. Jacqueline Shuck, Executive Director of the Roanoke Regional Airport
Commission, was present to present the highlights of the budget.
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Ms. Shuck stated that this has been a difficult year, and with the
reductions in funding from the State, they went from a capital grant program of $1.8
million to $600,000. There has also been some impact on maintenance and marketing
funds but they were able to maintain fairly flat rates and charges. The land rates will be
up slightly next year which should generate additional funds; however, the biggest
payee of these charges is the airlines and they are not in great shape now. They added
two new positions in the budget primarily related to the security demands. They
believed that travel at the airport was getting better in January but then the War in Iraq
started and they are now dealing with Severe Acute Respiratory Syndrome (SARS). It
is hoped that a vaccine for SARS will be found soon and there will be no lasting effect
on passenger load.
Supervisor Minnix agreed that he thought things were getting better after
the tragedy on September 11, 2001, but fears were generated again with the war in Iraq
and travel was affected. He advised that Ms. Shuck is one of the most capable people
he has met, and he commended her and her staff for the excellent job that they have
done at the airport.
Supervisor Minnix moved to adopt the resolution approving the Roanoke
Regional Airport Commission budget for fiscal year 2003-2004. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
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RESOLUTION 042203-2 APPROVING THE ROANOKE
REGIONAL AIRPORT COMMISSION BUDGET FOR FY 2003-
2004, UPON CERTAIN TERMS AND CONDITIONS
WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act and
Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the
Roanoke Regional Airport Commission provide that the Commission shall prepare and
submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of
the County and City Council of the City; and
WHEREAS, by report dated March 12, 2003, a copy of which is on file in the
office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport
Commission has submitted a request that the County approve the FY 2003-2004
budget of the Roanoke Regional Airport Commission.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia that the FY 2003-2004 budget and proposed capital expenditures for
the Roanoke Regional Airport Commission as set forth in the March 12, 2003, report of
the Commission Executive Director, a copy of which is incorporated by reference
herein, is hereby APPROVED, and the County Administrator and the Clerk are
authorized to execute and attest, respectively, on behalf of the County, any
documentation, in form approved by the County Attorney, necessary to evidence said
approval.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
3. Request for approval of Roanoke Valley Resource Authority
(RVRA) budget for fiscal year 2003-2004. (Diane Hyatt, Chief
Financial Officer; John Hubbard, Chief Executive Officer, RVRA)
R-042203-3
Ms. Hyatt reported that on March 26, 2003, the Roanoke Valley Resource
Authority (RVRA) adopted an operating budget for the year ended June 30, 2004. As
specified in the RVRA's Members Use Agreement, the Charter Member Users must
now ratify this budget. The RVRA’s budget impacts the County in several ways: (1)
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Tipping fees for Charter members will be increased $3 per ton to $45 per ton. Two
years ago, there was a $9 decrease in the tipping fees and it was hoped that no
increase would be necessary until 2005 but because of the decline in the interest rates,
fees had to be increased slightly this year to offset the loss of interest income. This will
cost the County approximately $120,000 in additional tipping fees. (2) The County will
continue to receive a municipality fee of $300,000 annually to compensate for the siting
of the landfill within the County. The City of Roanoke also continues to receive a
municipality fee of $100,000 to compensate for the siting of the Transfer Station. (3)
The County will receive payment of $45,000 during FY 2003-04 for providing accounting
services. She advised that Mr. Hubbard, Chief Executive Officer for the RVRA, will
present the budget.
Mr. Hubbard advised that the $8 million budget for next year is a 2.2%
increase from the current year and is comparable with their budget of five years ago.
They have been able to keep costs as low as possible. Since the tipping fees were
reduced two years ago, an increase was planned but they were hoping to delay it for
another year. With the economic conditions and the reduction in interest income, the
rates will have to increase this year and possibly increase again next year.
Supervisor Church expressed appreciation to Mr. Hubbard and
complimented him on the user-friendly way in which the RVRA is being run.
Supervisor McNamara pointed out that there is about $9 million of
investable funds generating interest income while the debt service is significantly larger
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and he inquired about the debt status. Mr. Hubbard advised that the debt runs through
2012 and $2.7 million is a significant portion of the $8 million budget. Several years
ago, they did refinance several bonds that could be refunded and the debt was reduced
about $200,000 a year. At this time, there are no additional bonds that can be refunded
and this debt will remain until 2012.
Supervisor McNamara stated that in 2012 the landfill will still have a large
capacity, they will have no debt service, and the rates will be very attractive. Mr.
Hubbard advised that it has been their goal during the past five years to avoid any
additional borrowing. An expansion might be necessary over the next three or four
years but this can be funded without additional borrowing.
Supervisor Church moved to adopt the resolution approving the Roanoke
Valley Resource Authority budget for the year ended June 30, 2004. The motion
carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 042203-3 APPROVING THE ROANOKE VALLEY
RESOURCE AUTHORITY BUDGET FOR THE YEAR ENDING
JUNE 30, 2004
WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use
Agreement provides that the Authority shall prepare and submit its operating budget for
the forthcoming fiscal year to the Board of Supervisors of the County, the City Council of
the City of Roanoke, and the Town Council of the Town of Vinton; and
WHEREAS, by report dated March 31, 2003, a copy of which is on file in the
office of the Clerk of the Board, the Chairman of the Roanoke Valley Resource Authority
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has submitted a request that the County approve the budget of the Roanoke Valley
Resource Authority for the year ending June 30, 2004.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia that the budget for the year ending June 30, 2004 for the Roanoke
Valley Resource Authority as set forth in the March 31, 2003, report of the Authority
Chairman, a copy of which is incorporated by reference herein, is hereby APPROVED,
and the County Administrator and the Clerk are authorized to execute and attest,
respectively, on behalf of the County, any documentation, in form approved by the
County Attorney, necessary to evidence said approval.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor McNamara moved to approve the first readings and set the
second readings and public hearings for May 27, 2003. The motion carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
1. First reading of an ordinance to obtain a Special Use Permit to
construct a religious assembly facility on 5.99 acres, located at
7700 Willow Branch Road, Cave Spring Magisterial District,
upon the petition of Lighthouse Church of the Brethren.
2. First reading of an ordinance to rezone 1.8 acres from R-3
Medium Density Multi-Family Residential District to C-1 Office
District in order to operate a general office located at 3406
Ogden Road, Cave Spring Magisterial District, upon the
petition of Balzer & Associates, Inc.
3. First reading of an ordinance to rezone 4.842 acres from R-1
Low Density Residential District to R-3 Medium Density Multi-
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Family Residential District in order to construct multi-family
dwellings located at 1400 Hardy Road, Vinton Magisterial
District, upon the petition of Development & Design, LLC.
IN RE: FIRST READING OF ORDINANCES
1. First reading of ordinance approving a residential lease at the
Roanoke County Center for Research and Technology, Catawba
Magisterial District. (Anne Marie Green, Director of General
Services)
Ms. Green reported that County acquired four dwellings as part of the
transaction for the property for the Center for Research and Technology (CRT). Three
of the houses have been demolished, but the fourth house, a log cabin, has been rented
out until recently. The cabin is located on Glenvar Heights Boulevard and the area
behind it provides access to the CRT site in case of emergency. Since the last tenant
moved out about three months ago, there has been evidence of poaching activity on the
CRT site, as well as a break-in at the cabin. Staff believes that it is important to keep
the cabin occupied, which will increase security at the back entrance of the property.
Ms. Green advised that the cabin was advertised for rent in the Roanoke
Times and applications were reviewed by staff in the General Services Department.
Based on a variety of factors including rental and employment history, ability to maintain
the surrounding grounds, and number of occupants, staff recommends that the cabin be
leased to Clint and Sandy Lawrence. In order to maintain upkeep at the cabin, the
rental income in the past has been placed in a special fund. This has worked well, and
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the fund was recently used to prepare the house for new occupants. Because the well
may have to be replaced in the near future and a connection made to County sewer,
staff recommends that this funding mechanism be continued. The cabin will rent for
$600/month or $7,200/year. This money will replenish the maintenance account for the
facility and provide for future needs. There was no discussion.
Supervisor Church agreed that it is important to keep a presence at the
lob cabin, and moved to approve the first reading and set the second reading for May
13, 2003. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: APPOINTMENTS
1. Library Board (Appointed by District)
Chairman McNamara advised that Mr. David Smith, a member of the
Library Board for many years, recently died and expressed the Board’s sympathy to his
family.
IN RE: CONSENT AGENDA
R-042203-4; R-042203-4.b; R-042203-4.f; R-042203-4.h
Supervisor McNamara moved to adopt the consent resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
April 22, 2003
357
RESOLUTION 042203-4 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for April 22,
2003 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 10, inclusive, as follows:
1. Approval of minutes – April 8, 2003
2. Ratification of appointment to the League of Older Americans Advisory Board
and confirmation of appointment to the League of Older Americans Advisory
Council
3. Resolution of appreciation upon the retirement of Thomas C. Fuqua, Fire &
Rescue Department, after twenty-six years of service
4. Request to accept grant in the amount of $32,409.50 from the Virginia
Department of Health for the purchase of an ambulance
5. Request to accept and appropriate E-rate reimbursements in the amount of
$47,478
6. Request to accept and appropriate regional technology education grant in the
amount of $636,563
7. Request to accept Winnbrook Drive and Winnbrook Court into the State
Secondary System
8. Request for approval of 1998 Utility Billing bad debt write-off
9. Request to amend the Secondary System Six-Year Construction Plan for
fiscal year 2003 through 2009 and the allocation of funds for fiscal year 2003-
2004.
10. Acceptance of donation of variable width water line easement from Rapidan
Mill Works.
That the Clerk to the Board is hereby authorized and directed where required by
law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 042203-4.b EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
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358
UPON THE RETIREMENT OF THOMAS C. FUQUA, FIRE &
RESCUE DEPARTMENT
WHEREAS, Thomas C. Fuqua was employed by Roanoke County on May 5,
1977, as a Firefighter, and also served as Lieutenant, Acting Fire Coordinator,
Coordinator of Fire & Emergency Services, Chief of Fire & Rescue Department, Deputy
Chief – Operations; Battalion Chief – Training; Battalion Chief – Operations; and
WHEREAS, Battalion Chief Fuqua will retire from Roanoke County on May 1,
2003, after twenty-six years of service; and
WHEREAS, Battalion Chief Fuqua has represented the County and served his
community with his active leadership and involvement in many worthwhile endeavors
including:
?
Served as President, First Vice President, and Second Vice President of
the State Fire Chief’s Association of Virginia
?
Served as President of the North Roanoke Rotary Club
?
Received the Paul Harris Fellow Award, the highest award from the Rotary
Club which is presented for Service Above Self
?
Served on the Financial Assistance Review Committee of the Emergency
Medical Services Governor’s Advisory Board for six years
?
Appointed as an Adjunct Instructor for the National Fire Academy in 1999
?
Appointed by Governor Jim Gilmore to the Virginia Fire Services Board in
October, 2000
WHEREAS, Battalion Chief Fuqua has served with professionalism and integrity,
and through his employment with Roanoke County, has been instrumental in improving
the quality of life and safety for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
THOMAS C. FUQUA
of Roanoke County to for twenty-six years of capable, loyal and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy,
restful, and productive retirement.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 042203-4.f REQUESTING ACCEPTANCE OF
WINNBROOK DRIVE AND WINNBROOK COURT INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM
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359
WHEREAS, the street described on the attached Addition Form SR-5(A), fully
incorporated herein by reference are shown on plats recorded in the Clerk’s Office of
the Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised this Board the streets meet the requirements established by the
Subdivision Street Requirements of the Virginia Department of Transportation,
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999 for comprehensivestormwater detention
which applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions
Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code
of Virginia, and the Department’s Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage,
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the resident Engineer for the Virginia Department of Transportation.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 042203-4.h AMENDING RESOLUTION 040803-3
APPROVING AND ADOPTING THE SIX-YEAR SECONDARY
SYSTEM CONSTRUCTION PLAN FOR ROANOKE COUNTY
FOR FISCAL YEARS 2003-2009 AND THE ALLOCATION OF
FUNDS FOR FISCAL YEARS 2003-2004
WHEREAS, a public hearing was held on March 25, 2003 to receive comments
on the adoption of the Secondary Road System Six-Year Construction Plan for
Roanoke County for Fiscal Years 2003-2009; and the adoption of the funding for Fiscal
Years 2003-2004; and
WHEREAS, by Resolution 040803-3 adopted on April 8, 2003, the Board of
Supervisors approved and adopted the Six-Year Secondary System Construction Plan
for Roanoke County for Fiscal Years 2003-2009 and the allocations for Fiscal Years
2003-2004; and
WHEREAS, the Board of Supervisors on April 15, 2003 approved the reallocation
of a portion of Fiscal Year 2003-2004 Six Year Secondary Construction funds from the
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360
Buck Mountain Road project to the Indian Grave Road project in the amount of
$430,000, Roanoke County’s Six Year Secondary System Construction Plan allocation
of funds for Fiscal Year 2003-2004 needed to be amended.
WHEREAS, the Board of Supervisors does hereby approve the adoption of the
amended allocations for Fiscal Year 2003-2004 Six Year Secondary System
Construction Plan.
NOW, THEREFORE, BE IT RESOLVED, By the Board of Supervisors of
Roanoke County, Virginia, as follows:
1) That Resolution 040803-3 is hereby amended to reflect the reallocation of
funds in the amount of $430,000 from the Buck Mountain Road Project (0679-080-314,
C501) to Indian Grave Road Project (0675-080-320, C501, D690).
2) That the amended allocations for Fiscal Year 2003-2004 Secondary
System Construction Plan Funds is hereby adopted and approved.
3) That a copy of this resolution duly attested to be forthwith forwarded to the
Virginia Department of Transportation Salem Residency Office along with a duly
attested copy of the proposed amended Secondary Road System Six Year Construction
Plan allocation of funds for Roanoke County for Fiscal Years 2003-2004 by the Clerk to
the Board.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REPORTS
Supervisor McNamara moved to receive and file the following reports.
The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
April 22, 2003
361
4. Future Capital Projects
5. Statement of Expenditures and Estimated and Actual Revenues
for the month ended March 2003
6. Proclamations signed by the Chairman
7. Report of claims activity for the Self-Insurance Program for the
period ended March 31, 2003
8. Statement of the Treasurer’s accountability per investment and
portfolio policy as of March 31, 2003
IN RE: CLOSED MEETING
At 4:10 p.m., Supervisor McNamara moved to go into Closed Meeting
pursuant to Code of Virginia Section 2.2-3711 A (7) consultation with legal counsel and
briefings by staff pertaining to water and sewer authority. The motion carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: CLOSED MEETING
The closed meeting was held from 4:10 p.m. until 4:40 p.m.
TH
IN RE: WORK SESSIONS (4 FLOOR CONFERENCE ROOM) – 4:30 P.M.
April 22, 2003
362
1. Work session on Salem Office Supply Building/Roanoke County
Courthouse Annex. (Anne Marie Green, Director of General
Services
)
The work session was presented by Ms. Green and was held from 4:45
p.m. until 5:33 p.m. Ms. Green advised that the low bid for the project was submitted by
Loeb Construction Company for $1,555,910 but this amount was reduced to $1,445,626
due to less expensive modifications. She described the details of the two options for
this project: (1) renovate the first floor and finish the second floor to be divided into
office space for rental at a cost of $1,445,626 and (2) renovate the first floor with some
second floor work at a cost of $1,378,797. The project can be financed by (1) paying
cash with existing County funds or (2) borrowing $1 million through the Industrial
Development Authority. She advised that $788,031 has already been appropriated for
the project, that $75,000 can be re-appropriated from the Tanglewood Mall amount in
the 2000-2001 budget which was never used, and the balance of $582,595 can be
appropriated from the Capital Fund Unappropriated Balance.
Ms. Green advised that the proposed building will be used for the Court
Services Unit and the Sheriff’s Office. Moving the Court Services Unit to the new facility
will make needed space available in the Courthouse and will save offsite storage fees.
It is anticipated that the current Sheriff’s building will be torn down to provide additional
parking for the Courthouse.
April 22, 2003
363
It was the consensus of the Board to move forward with Option #1 at a
cost of $1,445,626 using existing County funds. Supervisor Minnix suggested that any
rental income from the property be used to reimburse the capital fund. Supervisor
Altizer expressed his concerns about what might be found under the building. Ms.
Green was asked to determine if the property next door, which is owned by the City of
Salem, could be used for additional parking. There was discussion concerning the
condition of the Guy House which is located near the Sheriff’s Office. It was the
consensus of the Board that the roof on the Guy House would be replaced as part of
this project
IN RE: ABSENCE
Supervisor Minnix left the meeting at 5:40 p.m.
IN RE: WORK SESSION
2. Work session to discuss final fiscal year 03-04 budget including
contributions to organizations. (Brent Robertson, Budget
Director)
The work session was held from 6:00 p.m. until 6:30 p.m. Mr. Robertson
asked the Board members to review and finalize all agency requests for funding in the
2003-2004 budget. He distributed a list of the organizations showing fiscal year 2001-
2002 payments, fiscal year 2002-2003 approved amounts, fiscal year 2003-2004
requests and the amounts that each supervisor suggested for funding. After discussion
of each organization’s request and the suggested funding amounts, the Board members
April 22, 2003
364
came to a majority agreement on all of the contributions except for six requests. It was
decided to continue the work session until after the evening session so that Supervisor
Minnix could have input into the decisions on these six requests.
IN RE: BOARD RETREAT
The Board members confirmed that they want to have a Board Retreat
this year, and the date of June 7, 2003, was suggested. They would like to have the
retreat at a location other than in a County building and Smith Mountain Lake was
suggested.
IN RE: CERTIFICATION RESOLUTION
R-042203-5
At 7:05 p.m., Supervisor McNamara moved to return to open session and
adopt the Certification Resolution. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 042203-5 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:
April 22, 2003
365
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 McNamara to adopt the Resolution and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: PUBLIC HEARINGS
1. Public hearing to receive written or oral comments concerning
the proposed annual budget for fiscal year 2003-2004 and the
fiscal year 2004-2008 Capital Improvement Program. (Brent
Robertson, Budget Director)
Mr. Robertson advised that this time has been set aside to receive written
and oral comments from the public concerning the proposed budget for fiscal year
2003-2004 and the fiscal year 2004-2008 Capital Improvement Program. A summary of
the proposed budget was advertised in the Roanoke Times on April 15, 2003, and the
information previously discussed with the Board concerning the proposed budget was
distributed to all Roanoke County libraries. The total Roanoke County budget including
the school system is $294,703,181, and the total without transfers is $215,216,967.
Mr. Horace McPherson, 3561 Forester Road, speaking on behalf of the
Greenwood Forest Subdivision, presented a petition asking that the County request the
Virginia Department of Transportation (VDOT) to include in their 2003 schedule the
resurfacing of the roads in the Greenwood Forest Subdivision which are Wedgewood
April 22, 2003
366
Road, Timberlane Avenue, Sedgefield Road and Forester Road. He advised that last
year VDOT did maintenance on roads in the area surrounding the Greenwood Forest
Subdivision which included View Avenue, Castle Hill Street, Pilot Street, Richard
Avenue, Poplar Drive, Goodview Avenue and Martinell Avenue. He inquired if there are
funds in this year’s budget to repair the roads in the Greenwood Forest Subdivision.
Chairman McNamara asked Mr. Hodge to have Mr. Covey, Director of Community
Development, meet with Mr. McPherson to discuss the matter. He also advised Mr.
McPherson that there are no funds for road projects in the County budget and that road
projects are done by VDOT. There is a small amount of funds in the County budget for
revenue sharing for roads.
IN RE: NEW BUSINESS
1. Request to approve funding for renovations to Salem Office
Supply building. (Anne Marie Green, Director of General
Services)
Ms. Green reported that the Board purchased the Salem Office Supply
Building, located in downtown Salem directly across the street from the Roanoke
County Courthouse, for use as a Courthouse Annex to house the Sheriff and the
Juvenile and Domestic Relations Court Services Unit. This purchase was made after a
thorough investigation of all possibilities in the Salem area, and the facility was chosen
because of its size and proximity to the courthouse. The building contains almost
20,000 square feet and it has been prepared for construction. The County hired
April 22, 2003
367
Spectrum Design to prepare architectural and engineering plans and bid documents for
renovation of the entire building. On March 10, 2003, the lowest responsive bid was
received from Loeb Construction in the amount of $1,555,910. County staff met with
representatives from Spectrum and Loeb Construction, and made changes in the
specifications to reduce the bid price to $1,445,626 for the entire project. The Court
Services Unit and the Sheriff’s Office which are located in the Courthouse complex,
both have inadequate space and the facility has become outdated for their operations
since the Courthouse was built in 1984. By moving these two offices to the Salem
Office Supply Building, space will be freed up in the Courthouse to allow additional
storage for the Circuit Court Clerk’s Office and parking spaces where the current
Sheriff’s Office building is located.
Ms. Green advised that the costs and financing options were discussed in
the work session held earlier and she described the two financing options as follows: (1)
Use existing funds which consist of $788,031 from the current Salem Office Supply
budget and office renovation budget for Probation; $75,000 from an account set aside
for Tanglewood Mall; $285,000 in unappropriated funds from the 1993 General
Obligation Bonds projects; and $296,000 to be appropriated from the Capital Fund
Unappropriated Balance. (2) Finance the renovations through the Industrial
Development Authority with either a ten-year or fifteen-year payback. Ms. Hyatt has
estimated that the fifteen-year payback would be $93,000 annually which would
increase the cost of the project by $395,000. Staff recommends that the Board accept
April 22, 2003
368
the bid from Loeb Construction for renovation of the entire building at $1,445,626 and
choose Option #1 of the financing options. There was no discussion.
Supervisor Flora moved to approve staff recommendation, Alternative #1,
(accept bid from Loeb Construction, as amended, for $1,445,626 to renovate both floors
of the Courthouse Annex Building) and Alternative #1 of the financing options (pay cash
with existing County funds). The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCE
1. First reading of an ordinance declaring a parcel of real estate to
be surplus and accepting an offer for the sale of same; namely
the Western Hills Well Lot, Tax Map No. 68.17-2-17, Windsor Hills
Magisterial District. (Paul Mahoney, County Attorney)
Mr. Mahoney reported that this is the first reading of the ordinance and is
an advertised public hearing. The County has received an offer for purchase of this
surplus well lot which is within the guidelines established. At the first reading, neither
the offerer nor the amount is identified and the purpose of the public hearing is to give
notice that the Board is considering the sale of this surplus real estate. This well lot is
located at 3559 Overbrook Drive and notices have been published in the newspaper, a
sign has been placed on the property, and letters have been sent to all adjoining
property owners advertising the sale. Mr. Mahoney advised that at the second reading
April 22, 2003
369
of the ordinance on May 13, 2003, he will furnish details concerning the names and
amounts of offers that have been received. There was no discussion and no citizens
present to speak on this matter.
Supervisor McNamara moved to approve the first reading and set the
second reading for May 13, 2003. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1. Second reading of an ordinance to amend the Roanoke County
Zoning Ordinance Section 30-93 Signs upon the petition of the
Roanoke County Planning Commission. (Janet Scheid, Chief
Planner) Postponed until May 27, 2003 by the Planning
Commission
Chairman McNamara noted that this item has been postponed until May
27, 2003 by the Planning Commission.
2. Second reading of an ordinance extending the franchise of
CoxCom, Inc. to operate a cable television system in Roanoke
County for a period of six months. (Paul Mahoney, County
Attorney)
O-042203-7
April 22, 2003
370
Mr. Mahoney reported that this is a public hearing for citizens to comment
on the County’s request for an extension of the Cox Cable franchise for a six-month
period of time. There are no changes from the first reading of the ordinance. There
was no discussion and no citizens present to speak on this matter.
Supervisor Altizer moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 042203-7 EXTENDING THE FRANCHISE OF
COXCOM, INC. TO OPERATE A CABLE TELEVISION
SYSTEM IN ROANOKE COUNTY FOR A PERIOD OF SIX
(6) MONTHS
WHEREAS, by Ordinance 42391-15, adopted April 23, 1991, the Board of
Supervisors of Roanoke County, Virginia, authorized the grant of a non-exclusive cable
franchise to Cox Cable Roanoke, Inc., the predecessor-in-interest to CoxCom, Inc. d/b/a
Cox Communications Roanoke (“Cox”), such franchise being embodied in a Cable
Television Franchise Agreement by and between the County of Roanoke and Cox,
dated as of May 1, 1991; and
WHEREAS, negotiations are currently under way between Cox and the County
of Roanoke for the renewal of this franchise agreement, which negotiations may not be
concluded sufficiently prior to such date to permit adoption of a new franchise
agreement by the Board of Supervisors of the County of Roanoke prior to the expiration
of the current franchise agreement on or about April 30, 2003; and
WHEREAS, Cox is prohibited by federal law from operating a cable television
system within any jurisdiction without a franchise agreement or extension as defined by
federal law; and
WHEREAS, the first reading of this ordinance was held on April 8, 2003, and the
second reading and public hearing of this ordinance was held on April 22, 2003.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That in order to permit Cox Com, Inc. d/b/a Cox Communications
Roanoke to continue to operate a cable television franchise within the territorial limits of
Roanoke County, Virginia, on and after May 1, 2003, and to prevent any interruption of
April 22, 2003
371
cable television services to customers of Cox Cable for the operation of a cable
television system within Roanoke County, Virginia, is hereby extended for a period of
six (6) months beginning at 12:00, midnight, on May 1, 2003, under the same terms and
conditions as contained in the existing franchise agreement originally granted by the
Board of Supervisors of Roanoke County, Virginia, to Cox Cable, in Ordinance 42391-
15, adopted April 23, 1991; and
2. This ordinance shall be in full force and effect from its passage.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
3. Second reading of an ordinance to vacate a portion of a sanitary
sewer easement crossing Lot 3, Section No. 4, “Orchard Park”,
Hollins Magisterial District. (Arnold Covey, Director of
Community Development)
O-042203-8
Mr. George Simpson, Assistant Director of Community Development,
advised that Mr. Covey was on vacation, and that there have been no changes since
the first reading of this ordinance. There was no discussion and no citizens present to
speak on this matter.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 042203-8 AUTHORIZING THE VACATION OF A
PORTION OF AN EXISTING SANITARY SEWER EASEMENT ON LOT 3
(TAX MAP NO. 40.05-8-03), OWNED BY TIMOTHY B. BOITNOTT,
April 22, 2003
372
DEDICATED BY SUBDIVISION PLAT FOR SECTION NO. 4, ORCHARD
PARK, RECORDED IN PLAT BOOK 23, PAGE 165, IN THE HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, by subdivision plat entitled PLAT SHOWING SECTION NO. 4,
>
“ORCHARD PARK”,’ dated October 12, 2000, and recorded in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia, in Plat Book 23, page 165, a twenty-foot (20')
sanitary sewer easement was dedicated and shown across Lots 3 and 4, being
designated therein as 20’ S.S.E.”; and,
A
WHEREAS, Timothy B. Boitnott is the owner of Lot 3, Section 4, Orchard Park;
and,
WHEREAS, the owner and the developer, Fralin and Waldron, Inc., have
discovered that the residential structure located thereon encroaches into the sanitary
sewer easement; and,
WHEREAS, the owner and the developer, as the Petitioners, have requested
that, pursuant to 15.2-2272.2 of the Code of Virginia (1950, as amended), the Board of
'
Supervisors of Roanoke County, Virginia, vacate a portion of the existing sanitary sewer
easement; and,
WHEREAS, this vacation will not involve any cost to the County and the affected
County departments have raised no objection; and,
WHEREAS, notice has been given as required by 15.2-2204 of the Code of
'
Virginia (1950, as amended), and the first reading of this ordinance was held on April 8,
2003; the public hearing and second reading of this ordinance was held on April 22,
.
2003
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a portion of a 20’ sanitary sewer easement across Lot 3, Section No.
4, Orchard Park (Tax Map No. 40.05-8-03), being designated and shown as 3.0’ x
A
24.0’ Portion of Sanitary Sewer Easement To Be Vacated” on Exhibit A attached hereto,
said easement having been dedicated on “PLAT SHOWING SECTION NO. 4,
“ORCHARD PARK”,’ dated October 12, 2000, and recorded in the aforesaid Clerk's
Office in Plat Book 23, page 165, in the Hollins Magisterial District of the County of
Roanoke, be, and hereby is, vacated pursuant to 15.2-2272 of the Code of Virginia
'
(1950, as amended).
2. That all costs and expenses associated herewith, including but not limited
to publication, survey and recordation costs, shall be the responsibility of the
Petitioners.
3. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be
necessary to accomplish the provisions of this ordinance, all of which shall be on form
approved by the County Attorney.
April 22, 2003
373
4. That this ordinance shall be effective on and from the date of its adoption,
and a certified copy of this ordinance shall be recorded in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia, in accordance with 15.2-2272.2 of the Code
'
of Virginia (1950, as amended).
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
4. Second reading of an ordinance to rezone 22.743 acres from AR
Agricultural Residential District to R-1 Low Density Residential
District with conditions for the development of single family
housing located at Virginia Secondary Route 688 (Cotton Hill
Road) and Raintree Road, Cave Spring Magisterial District, upon
the petition of Cotton Hill Land Company, LC. (Janet Scheid,
Chief Planner)
O-042203-9
Ms. Scheid reported that this petition was heard by the Planning
Commission on June 5, 2002, and received an unfavorable recommendation at that
time. On January 28, 2003, the Board returned the petition to the Planning Commission
and a hearing was held by the Planning Commission on April 1, 2003. The original
petition which was denied by the Planning Commission was to rezone 22.743 acres
from AR to R-1 with the following conditions: (1) There would be no driveways on
Cotton Hill Road. (2) There would be one entrance to the subdivision. (3) The property
April 22, 2003
374
would be developed to a maximum extent of 2.75 lots per acre which equals
approximately 63 lots.
At the January 28, 2003, hearing before the Board, Supervisor Minnix
requested that staff conduct research on issues dealing with Cotton Hill Road, and the
petition was returned to the Planning Commission. On April 1, 2003, the Planning
Commission heard the same request for rezoning but with significantly different proffers.
The Planning Commission voted unanimously on April 1 to recommend approval of the
petition.
Ms. Scheid advised that the additional proffers were in response to the
Planning Commission discussions and the two community meetings that were held by
the petitioner. She described these additional proffers which convinced the Planning
Commission to approve the rezoning as follows: (1) Development of the property will be
limited to forty-four (44) lots in substantial conformity with the plan entitled “Hampshire
Prepared for Cotton Hill Land Co., LC” by Lumsden Associates, P.C. under date of
January 8, 2003, entitled “Layout With New Proffers for Revised Rezoning Request”;
provided, however, that should VDOT require the entrance to be relocated, the internal
street pattern may be adjusted to provide for forty-four (44) lots. (2) Other than as
necessary for the installation of the road system within the property, the installation of
utilities, storm drainage and detention basins required by the appropriate governmental
officials for development of the property, and the clearing and grading for the proper use
of the building sites on the lots, no trees will be removed. (3) Developer will cause to be
April 22, 2003
375
recorded among the land records of Roanoke County covenants which prohibit future
owners of any lots from removing any tree that measures 3 inches or greater in
diameter at a height of 4 feet above the ground as long as said tree is healthy. Said
covenants shall further include provisions establishing an Architectural Review
Committee which shall be charged with the responsibility of reviewing requests of future
owners to change the existing landscaping and grounds on any lot once the lot has
been developed and has a home constructed on that lot. Said Architectural Review
Committee shall prohibit the removal of any trees 3 inches or greater in diameter at a
height of 4 feet above the ground unless the removal of such tree is in the interest of
safety as determined by the Architectural Review Committee. (4) No driveways for lots
will be permitted on Cotton Hill Road, Raintree Road or Sylvan Brook Road. (5) The
property will be accessed by a single entrance from Cotton Hill Road at a location to be
approved by VDOT. (6) Developer agrees to dedicate in fee simple to VDOT all property
necessary for the improvements to Cotton Hill Road up to a maximum amount as shown
on the plan dated March 26, 2003, or such lesser amount as may be agreed upon
between the developer and VDOT. (7) Designated areas along Raintree and Sylvan
Brook Road, as shown on the plan shall be left in their natural, undisturbed state. (8) A
water line easement shall be provided through the property to Sylvan Brook Road. The
Developer shall install a water line within said easement and place a fire hydrant at
Sylvan Brook Road in a location to be approved by the Roanoke County Fire
Department. Developer shall plant trees within the area where trees of any substance
April 22, 2003
376
are removed as a result of the installation of the water line. The Developer agrees to
use its best efforts to run this water line in such a manner so as to disturb as few trees
as possible, subject to the approval of the Roanoke County Fire Department. (9)
Developer shall install a 6-foot vinyl fence at the rear of Lots 2 through 6 and through
Lot 7 to the point where the Runyon’s left side property line intersects the rear lot line of
Lot 7. The developer shall include in the obligations of the Homeowners Association
the responsibility for maintaining such fence. (10) Developer shall grade Lots 1 and 44
as necessary for sight distance approval as determined by VDOT.
Ms. Scheid summarized the issues that Supervisor Minnix requested be
researched before the issue was brought back to the Board as follows:
(1) Sight distance on Cotton Hill Road: One of the earliest concept plans
that the petitioner submitted for review was a plan showing multiple driveways,
approximately seven, coming out onto Cotton Hill Road and several driveways coming
onto Sylvan Brook Road. This was the conceptual plan that could happen under the
current AR zoning. Supervisor Minnix’s question was to determine if the driveways on
Cotton Hill Road had adequate sight distance and could those driveways be
constructed. Ms. Scheid advised that Ray Varney, VDOT Assistant Resident Engineer,
expressed great concern that there may not be adequate sight distance for driveways
onto Cotton Hill Road but until a subdivision plan was submitted to VDOT, he felt it was
impossible to make a definitive statement. Mr. Varney was willing to state that he could
almost guarantee that not all of those driveways could be constructed but some might
April 22, 2003
377
be allowed. Ms. Scheid advised that in summary, there are problems with sight
distance on Cotton Hill Road and that probably not all seven driveways could be
constructed.
(2) Traffic study at the intersection of Cotton Hill Road and Rt. 221: The
County requested that VDOT study this intersection and VDOT reports that today’s
traffic, as well as projected traffic, does not justify a traffic signal.
(3) Right-of Way Required for Improvements to Cotton Hill Road: VDOT
has done a preliminary design for this section of Cotton Hill Road, indicating proposed
right-of-way needed for the road improvements. She advised that the petitioners have
agreed as a proffer to give the right-of-way that is necessary for improvements to Cotton
Hill Road unless a lesser amount can be negotiated with VDOT.
(4) Speed Limit Study on Cotton Hill Road: VDOT has completed this
study and reports that there is no justification to change the speed limit which is
currently 55 mph for automobiles and 45 for trucks.
(5) Methods to Ensure That New Homebuyers Know What School Their
Children Will be Attending: The best method for doing this is to have the school
attendance zone indicated on the property sales contract. It was felt that this
information, which is subject to change, should not be placed on a property deed that is
recorded. The realtors in the area have advised Ms. Scheid that they are aware of the
school districts and this information is also on the Roanoke County School website.
April 22, 2003
378
Ms. Scheid advised that at the Planning Commission on April 1, 2003, the
following issues were discussed: the proffers submitted by the petitioner, citizen
comments regarding increased traffic on Cotton Hill Road, potential conflicts with the
Wildlife Rescue Center, overcrowded conditions at schools, and incompatibility with the
Roanoke County Community Plan. The Planning Commission felt that the petitioners
had made good efforts to meet both their concerns and the citizens’ concerns and
unanimously recommended approval of the rezoning with the proffers.
In response to Supervisor Church’s inquiry as to the options available to
the Board at this time, Ms. Scheid advised that the Board has the option to approve or
deny the petition. If denied, the property would remain zoned AR, and the petitioner
could develop 39 lots on this property. If the property is rezoned to R-1, this would
allow the petitioner to develop 44 lots with the additional proffers.
Mr. Ed Natt, attorney, representing the petitioner, advised that Mr. Len
Boone, principal in this rezoning, had been involved in all the meetings and negotiations
and would like to speak to the Board.
Mr. Len Boone, 5440 Fox Ridge Road, advised that his firm, Boone,
Boone & Loeb, Inc. is a member of Cotton Hill Land Company along with Strauss
Construction Company. He advised that the petitioners originally requested rezoning of
this property from AR to R-1 with a similar density to that which was across the street
and basically addressed a few concerns that the Planning Department brought to their
attention. Some of these concerns were not to have driveways along Cotton Hill Road
April 22, 2003
379
and to have the entrance line up with Monet Drive. He advised that it was unfortunate
that they did not solicit input from the community, and it was an incorrect assumption on
their part that there would be no opposition. As a result of listening to the comments
from citizens asking to substantially alter the original request, they asked the Board in
January, 2003, to send the request back to the Planning Commission. Prior to the
Planning Commission meeting, they held community meetings and received valuable
input that was incorporated in a compromise plan.
Mr. Boone advised that at the Planning Commission meeting in April,
2003, they presented the compromise plan and proffers. He advised that they should
not have gone forward with the initial rezoning request for 62 lots on property that would
support 39 under its current zoning. They subsequently modified the density of the
development to 44 homes to support the additional expense that the development plan
would require since they have proffered that all of the residences will be developed off
one interior road system. By doing this as opposed to utilizing external streets that
exist, a great deal of road and infrastructure work has to be done. He feels that this
plan is a combination of what will work financially for the petitioners and address the
concerns of the surrounding community.
Mr. Boone advised that there has been a lot of justified discussion about
traffic on Cotton Hill Road, and the petitioners believe that this plan will reduce the
dangers by containing all of the homes with one means of ingress and egress. The
petitioners do not want to develop under AR zoning because of the required amount of
April 22, 2003
380
square footage and frontage which would cause the property to be developed in a
manner that is less attractive and poses a greater impact to the Cotton Hill Road area.
In order to meet the sight distance requirement, the ultimate outcome of AR zoning
would be five driveways with some being shared on Cotton Hill Road. VDOT may limit
the driveways to a maximum of two homes per driveway but there would still be four
driveways and an unsafe situation. By using the proffers to rezone the property, Cotton
Hill Drive and Sylvan Brook Road will not have driveways and a 60 foot undisturbed
buffer will be provided which was very important for the surrounding community.
Mr. Boone advised that there was a great deal of discussion at the last
community meeting about how to route the water line over Sylvan Brook without
impacting any of the large trees. One of the citizens who has an adjoining piece of
property advised that he would be willing to provide an easement across his property
which would allow them to avoid removing mature trees. This compromise proposal is
being requested in the spirit of cooperation and with input from the community. There is
still opposition from some citizens, but he feels that the petitioners have listened to the
concerns of the community. He asked that the Board approve the R-1 rezoning with the
restrictions that they have provided.
Chairman McNamara advised that James Creekmore, 6671 Mallard Lake
Court, sent a letter advising that he could not attend the Board meeting and requesting
that the Board maintain the AR zoning classification. Chairman McNamara advised that
April 22, 2003
381
copies of Mr. Creekmore’s letter were distributed earlier to the Board members for their
review.
Chairman McNamara advised that a group of citizens requested to yield
their time to Ms. Pam Berberich. He advised that after consulting with staff and the
other Board members, he would allow Ms. Berberich sufficient time to make her
presentation since the petitioner was allowed time for a presentation. He verified that
Robert Jessup, Mary Shipp, Kathy Lawson, John Carson, Jamie Carson and Katharine
Shank were yielding their time. No response was received when Katharine Shank’s
name was read.
Ms. Pam Berberich, 6679 Mallard Lake Court, President of the
Homeowners Association of Mallard Lake, advised that many people are opposed to the
rezoning and that there are no citizens speaking in favor of the rezoning. This rezoning
is significant due to four reasons: (1) Cotton Hill Road, (2) schools, (3) the Blue Ridge
Parkway and (4) quality of life. She advised that this rezoning is contradictory to the
Roanoke County Community Plan and that the infrastructure cannot support this
development. She stated that Cotton Hill Road cannot handle the traffic that it has now
and it has been on the County’s Six-Year Construction Plan since 1996. It is currently
6th out of 19 projects with a scheduled completion date in June, 2008. The amount
currently funded is $792,000 with a total of $5 million needed.
Ms. Berberich advised that the Community Plan states that the impact of
every new development upon the School system needs to be evaluated and this has not
April 22, 2003
382
been done. The Gardens and the Groves subdivisions were primarily responsible for
the overcrowding of Back Creek Elementary School which ultimately caused the
redistricting of schools in South County. Even with the redistricting, five of the six
schools will be at their maximum capacity in the fall of 2004. Three schools are
scheduled for renovation, after which priority will be given to building a new elementary
school in this area. This, however, is at least six years away.
Ms. Berberich advised that according to a newspaper article in 1995,when
the Groves subdivision was being developed, the developer had agreed to use native
building materials, build wood rather than metal fences and situate houses behind hills.
She pointed out that the houses in the panoramic pictures that she displayed for the
Board do not adhere to this policy. She advised that in 1995, an article also stated that
in an agreement to be worked out between the County and Park Service, the homes
would be built using natural materials and earth tones to blend in with the scenery. The
final plan, known as the Wilshire Plan, was dated February 26, 1996, and signed by the
Beasley family, Mr. Boone and the County stated that since the planned residential
development was split by the Blue Ridge Parkway, a great deal of attention had been
given to the land use design to assure that any impact to visitors on the Blue Ridge
Parkway would be pleasing and in harmony with the environment of the Parkway itself,
that housing density had been shifted to areas outside the view of Parkway visitors, and
what occurs within the view of visitors had been restricted in its placement or design or
April 22, 2003
383
materials and color selection. She advised that when she questioned Ms. Scheid about
this agreement, she was advised that it was open to interpretation.
Ms. Berberich advised that Scenic America, a national organization
dedicated to protecting natural beauty and distinct community character, has declared
the 28 miles of the Parkway through Roanoke as a Last Chance Landscape. The
houses in the Groves subdivision and on Cotton Hill Road are of concern to the National
Park Service as part of this Last Change Landscape. She was concerned about the
petitioners’ credibility since they did not follow the agreements and plans for the Groves
subdivision when it was developed. She believes that the plan originally submitted
under the AR zoning was not realistic and the petitioners could have 39 homes in AR
zoning with one road. She advised that the citizens she was speaking for and those
that she had already spoken to are opposed to this rezoning. The Community Plan for
Back Creek states that the rural character associated with this area is an important
quality to protect and preserve and that a low density of single family homes in the Back
Creek Community is to be maintained. This rezoning is at variance with the Community
Plan that many citizens worked to complete in 1998. This would set a precedence to
allow another developer in this area to ask for a similar rezoning of increased density.
Mr. Steve Burak, 5832 Kirk Lane, advised that he was opposed to the
rezoning from AR to R-1 primarily because of statements already made by Ms.
Berberich. The residents are opposed to this and he has talked to no one in favor of it.
The developers are in this area for a short time and they buy, build and bolt, leaving
April 22, 2003
384
many problems unanswered and unresolved. The infrastructure is not there for this
development and the proffers will be difficult to enforce. He believes that even if the
Board denies the proposal, the petitioners will not build 39 homes under the AR zoning
and if it becomes economically unfeasible for them to build, they will abandon this
project. He requested that the Board to an additional proffer stating that whether or not
this rezoning is approved and if this property is developed, the petitioners will put into
trust $1.6 million with VDOT to install a traffic light at Cotton Hill Road and Route 221
which will be needed because of this development.
Annie Krochalis, 9428 Patterson Drive, Bent Mountain, advised that the
density of this development is beyond the capacity of the infrastructure including roads,
no traffic light, no improvements to Route 221 and the sight distances are poor. The
Back Creek Fire and Rescue Squad serves Bent Mountain and she recently waited 40
minutes for them to come to a fire at her house. Part of the problem was that they could
not find her address which can be corrected but this situation will get worse with the
additional homes. Bent Mountain School has already been threatened with closing and
building another school half-way down the mountain. She feels this would be building
schools for developers. This is contrary to the Community Plan as mentioned and the
special consideration given to the developers to return to the Planning Commission a
second time sets a precedent and possibly creates a liability for the County in the future.
The proffers are not guarantees and the surrounding impact on neighbors has been
April 22, 2003
385
brought to the Board’s attention repeatedly. If the Community Plan is to be trusted, the
long-term impact of this rezoning on the citizens needs to be considered.
Supervisor Minnix advised that it is difficult to balance the needs of the
community and the developers, but it is essential that the County continue to grow. The
Community Plan has been changed many times and sometimes it is not adhered to
because as the core of the community begins to build and expand, it has to become
denser. He advised that the choice is to either rezone the property to R-1 with one road
coming out of the subdivision or deny the rezoning with the property remaining AR and
VDOT will make the final decisions. Once the Board approves the AR zoning, it has no
control over how many driveways can be placed on Cotton Hill Road or how the
petitioners can develop the project. The proffers are a way to neutralize the concerns of
the citizens about the project and he elaborated on the benefits of the individual
proffers. If the Board approves this rezoning with the proffers, he asked that Mr. Hodge
have staff mark the trees that are to be saved.
Supervisor Church advised that he voted not to send this back to the
Planning Commission because this would set a precedent for other developers to
request a similar action. He advised that there are two options which are to leave the
property AR or to approve the R-1 zoning with the extra five houses. This has been a
difficult situation and neither decision will be popular with everyone. He has
reservations about the future development of the County and he still feels that this
April 22, 2003
386
petition should not have been returned to the Planning Commission for additional
consideration.
Supervisor Minnix advised that he was trying to look at what was going to
be the most advantageous for the citizens in that area, not only traffic concerns but
environmentally, and the things that will protect the property the most. He believes that
he is speaking in their best interests to move approval of the R-1 zoning with the
additional proffers. In response to Supervisor Minnix’s suggestion that a proffer be
added that the citizens who buy in this area be advised that they will not be able to
attend Back Creek School, Ms. Scheid advised that the school district will be placed on
the property sales agreement and she did not feel this should be a proffered condition.
Supervisor Flora advised that a dilemma is created when weighing a
decision on what will be best in the future and best for today, and in his experience of
serving on the Board thirty years ago, denying a rezoning does not stop a project. It will
only change the dynamics of the project. As long as citizens live around open land,
eventually that land becomes too valuable for one person to continue to own it and it will
be developed. The question is whether to approve AR development with 39 houses or
R-1 development with 44 homes with the trade-off of five homes being the protection of
the proffers. The people on the other side of the Parkway are not going to have some
of the protections, but the people who live around the development will benefit. He
advised that he will support Supervisor Minnix’s motion because in the long term, it is
probably the best thing for the County.
April 22, 2003
387
Supervisor Church advised that he would like to find some way to have
VDOT review the speed limits on certain roads such as Cotton Hill Road and Carvins
Cove Road in his area. This is a vote that he will not enjoy making because he is not
sure that there are any real winners here.
Supervisor Altizer advised that he has already communicated to the
petitioners that he was not pleased with the process and their handling of this project. It
is certain that either 39 or 44 homes will be built and he felt that the proffers are tangible
and can be enforced. He advised that he would support the rezoning project because
of these protections. He advised that involving the community in the early stages does
a lot to increase credibility between builders, homeowners and the Board members, and
he hopes that this lesson has been learned.
Supervisor McNamara advised that this project is drastically different than
the initial project and he supported sending the project to the Planning Commission. He
did not want to evaluate a different project without the benefit of the Planning
Commission’s expertise and community meetings. He did not think this was
unprecedented because in the past, the Board has allowed petitions to be delayed and
returned to the Planning Commission for review at the request of the Planning
Commission or the petitioners. When property is zoned AR and a rezoning is required,
the Board has an opportunity to protect the interests of the citizens and they have some
leverage to create a better project. If this property was zoned R-1 to begin with, the
Board would have no input. He felt that the Board has always taken a conservative
April 22, 2003
388
view towards safety as evidenced by the increases in the police staffing and installation
of a needed traffic light. To allow the rezoning to go forward with five less houses but
with at least six or eight houses where vehicles will back out onto Cotton Hill Road
would be a far more dangerous situation than vehicles coming out on one road facing
the traffic. The rezoning to R-1 limits the ingress and egress of all houses. He will
support the motion to approve and before the grading and foundations are poured, he
asked that the property be inspected to determine which trees will be saved.
Supervisor Minnix moved to adopt the ordinance with the conditions. The
motion carried by the following recorded vote:
AYES: Supervisors Flora, Minnix, Altizer, McNamara
NAYS: Supervisor Church
ORDINANCE 042203-9 TO CHANGE THE ZONING CLASSIFICATION
OF A 22.743-ACRE TRACT OF REAL ESTATE LOCATED AT VA.
SECONDARY ROUTE 688 (COTTON HILL ROAD) AND RAINTREE
ROAD (TAX MAP NO. 96.02-1-33) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF
AR TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS
UPON THE APPLICATION OF COTTON HILL LAND COMPANY, LC
WHEREAS, the first reading of this ordinance was held on September 24, 2002,
and the second reading and public hearing was scheduled for December 17, 2002, and
postponed at the request of the Petitioner to January 28, 2003; at which time the matter
was referred back to the Planning Commission for reconsideration; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on November 5, 2002 and reconsidered this matter on April 1, 2003; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing
April 22, 2003
389
22.743 acres, as described herein, and located at VA. Secondary Route 688 (Cotton Hill
Road) and Raintree Road (Tax Map Number 96.02-1-33) in the Cave Spring Magisterial
District, is hereby changed from the zoning classification of AR, Agricultural Residential
District, to the zoning classification of R-1, Low Density Residential District.
2. That this action is taken upon the application of Cotton Hill Land
Company, LC.
3. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia,
hereby accepts:
1. Development of the property will be limited to forty-four (44) lots in substantial
conformity with the plan entitled “Hampshire Prepared for Cotton Hill Land Co.,
LC” by Lumsden Associates, P.C. under date of January 8, 2003, entitled “Layout
With New Proffers for Revised Rezoning Request”; provided, however, that
should VDOT require the entrance to be relocated, the internal street pattern may
be adjusted to provide for forty-four (44) lots.
2. Other than as necessary for the installation of the road system within the
property, the installation of utilities, storm drainage and detention basins required
by the appropriate governmental officials for development of the property, and
the clearing and grading for the proper use of the building sites on the lots, no
trees will be removed.
3. Developer will cause to be recorded among the land records of Roanoke County
covenants which prohibit future owners of any lots from removing any tree that
measures 3 inches or greater in diameter at a height of 4 feet above the ground
as long as said tree is healthy. Said covenants shall further include provisions
establishing an Architectural Review Committee which shall be charged with the
responsibility of reviewing requests of future owners to change the existing
landscaping and grounds on any lot once the lot has been developed and has a
home constructed on that lot. Said Architectural Review Committee shall prohibit
the removal of any trees 3 inches or greater in diameter at a height of 4 feet
above the ground unless the removal of such tree is in the interest of safety as
determined by the Architectural Review Committee.
4. No driveways for lots will be permitted on Cotton Hill Road, Raintree Road or
Sylvan Brook Road.
5. The property will be accessed by a single entrance from Cotton Hill Road at a
location to be approved by VDOT.
6. Developer agrees to dedicate in fee simple to VDOT all property necessary for
the improvements to Cotton Hill Road up to a maximum amount as shown on the
plan dated March 26, 2003, or such lesser amount as may be agreed upon
between the developer and VDOT.
7. Designated areas along Raintree and Sylvan Brook Road, as shown on the plan
shall be left in their natural, undisturbed state.
April 22, 2003
390
8. A water line easement shall be provided through the property to Sylvan Brook
Road. The Developer shall install a water line within said easement and place a
fire hydrant at Sylvan Brook Road in a location to be approved by the Roanoke
County Fire Department. Developer shall plant trees within the area where trees
of any substance are removed as a result of the installation of the water line.
The Developer agrees to use its best efforts to run this water line in such a
manner so as to disturb as few trees as possible, subject to the approval of the
Roanoke County Fire Department.
9. Developer shall install a 6-foot vinyl fence at the rear of Lots 2 through 6 and
through Lot 7 to the point where the Runyon’s left side property line intersects the
rear lot line of Lot 7. The developer shall include in the obligations of the
Homeowners Association the responsibility for maintaining such fence.
10. Developer shall grade Lots 1 and 44 as necessary for sight distance approval as
determined by VDOT.
4. That said real estate is more fully described as follows:
Beginning at a point at the northwest corner of the property of Jon K. Ayers (DB
1416, page 1692 - Tax Map #96.02-1-30) on the northeasterly side of Sylvan
Road (VA. Sec. Rt. 888); thence N. 32 deg. 48' 00" W. 732 feet to a point; thence
N. 47 deg. 17' 00" E. 178.50 feet to a point; thence 86 deg. 00' 00" E. 245 feet to
a point; thence N. 38 deg. 49' 00" E. 350.40 feet to a point in Cotton Hill Road
(VA. Sec. Rt. 688); thence with the same S. 69 deg. 21' 25" E. 391.47 feet to a
point; thence S. 51 deg. 11' 25" E. 350 feet to a point; thence S. 39 deg. 00' 25"
E. 353.11 feet to a point; thence leaving Cotton Hill Road (VA. Sec. Rt. 688) the
following courses and distances: S. 62 deg. 10' 46" W. 442.87 feet to a point;
thence S. 01 deg. 12' 43" W. 322.22 feet to a point; thence S. 76 deg. 57' 28" W.
250.66 feet to a point; thence N. 65 deg. 26' 31" W. 458.79 feet to the place of
Beginning and being designated as New Tract 1, containing 22.743 acres as
shown on the "Plat Showing the Subdivision of 27.688 acres Property of Mary M.
Helvestine & the Dorothy W. Helvestine Estate creating hereon New Tract 1
(22.743 ac.), New Tract 2 (3,085 ac.) & New Tract 3 (1.840 ac.)" of record in Plat
Book 22, page 191 of the Clerk's Office of the Circuit Court of Roanoke County,
Virginia.
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Minnix to adopt the ordinance with conditions, and
carried by the following recorded vote:
AYES: Supervisors Flora, Minnix, Altizer, McNamara
NAYS: Supervisor Church
April 22, 2003
391
5. Second reading of an ordinance to obtain a Special Use Permit to
operate a used automobile dealership on .57 acres located at 406
Dexter Road, Hollins Magisterial District, upon the petition of Jeff
Montgomery. (Janet Scheid, Chief Planner)
O-042203-10
Ms. Scheid stated that this petition is for a special use permit to operate a
used automobile dealership. She advised that the petitioner plans to use the existing
building to store and display collector automobiles for sale via the internet. The property
will remain unchanged and the petitioner plans to operate entirely inside the building.
This request is different from other used automobile requests since nothing will be
stored outside the building and there are no outside displays. The Planning
Commission approved the request with the condition that all storage and display of used
automobiles and any automobile parts shall be indoors.
Mr. Montgomery, 5223 Hearthstone Road, petitioner, advised that he was
starting a new business called R.P.M. Motorsports and he sells collector cars via the
internet. This is not a normal used car dealership and is strictly indoors to keep the cars
out of the elements. The site will remain the same as when it was Crozier Racing and
everything will be done inside.
There was no discussion and no citizens present to speak on this matter.
Supervisor Flora moved to approve the ordinance with the condition. The
motion carried by the following recorded vote:
April 22, 2003
392
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 042203-10 GRANTING A SPECIAL USE
PERMIT TO JEFF MONTGOMERY TO OPERATE A USED
AUTOMOBILE DEALERSHIP ON .57 ACRES LOCATED
AT 406 DEXTER ROAD (TAX MAP NO. 27.10-6-5.3),
HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Jeff Montgomery has filed a petition for a special use permit to
operate a used automobile dealership on .57 acres located at 406 Dexter Road (Tax
Map No. 27.10-6-5.3) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
April 1, 2003; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on March 25, 2003; the second reading and public hearing on
this matter was held on April 22, 2003.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Jeff
Montgomery to operate a used automobile dealership on .57 acres located at 406
Dexter Road (Tax Map No. 27.10-6-5.3) in the Hollins Magisterial District is substan-
tially in accord with the adopted 2000 Community Plan pursuant to the provisions of §
15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is
hereby approved with the following condition:
(1) All storage and display of used automobiles and any automobile
parts shall be indoors.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Flora to adopt the ordinance with the condition, and
carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
April 22, 2003
393
6. Second reading of an ordinance to obtain a Special Use Permit to
operate a private stable on 13.460 acres located at 5800 Huntridge
Road, Hollins Magisterial District, upon the petition of Maurice
Lucas. (Janet Scheid, Chief Planner)
O-042203-11
Ms. Scheid stated that when the petitioners purchased approximately 13 acres in
1991 they intended to build a house and stable horses since the property was zoned
agricultural and rural residential designation which would allow this. However, through
the 1992 comprehensive rezoning of the County, their property was rezoned to R1 and
a special use permit is needed to build a stable. They plan on keeping a couple of
stable horses and on weekends, they will have several horses in addition to their own.
The Planning Commission approved the request with the following conditions: (1) No
more than 7 horses (1 horse per 2 acres) shall be permanently housed on the property.
(2) All animal grazing areas shall have sufficient ground cover to minimize storm water
runoff and erosion. (3) The area for containment of the horses shall be fenced on all
sides. (4) Animal waste shall be managed properly so as to not create a nuisance or
health hazard to adjoining or nearby property owners.
Mr. Lucas, petitioner, advised that he was present to answer any
questions. There was no discussion and no citizens present to speak on this matter.
Supervisor Flora moved to approve the ordinance with conditions. The
motion carried by the following recorded vote:
April 22, 2003
394
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 042203-11 GRANTING A SPECIAL USE
PERMIT TO MAURICE LUCAS TO OPERATE A PRIVATE
STABLE ON 13.460 ACRES LOCATED AT 5800
HUNTRIDGE ROAD (TAX MAP NO. 39.12-2-84) HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, Maurice Lucas has filed a petition for a special use permit to operate
a private stable on 13.460 acres located at 5800 Huntridge Road (Tax Map No. 39.12-
2-84) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
April 1, 2003; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on March 25, 2003; the second reading and public hearing on
this matter was held on April 22, 2003.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Maurice
Lucas to operate a private stable on 13.460 acres located at 5800 Huntridge Road (Tax
Map No. 39.12-2-84) in the Hollins Magisterial District is substantially in accord with the
adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950
Code of Virginia, as amended, and said Special Use Permit is hereby approved with the
following conditions:
(1) No more than 7 horses (1 horse per 2 acres) shall be permanently
housed on the property.
(2) All animal grazing areas shall have sufficient ground cover to
minimize storm water runoff and erosion.
(3) The area for containment of the horses shall be fenced on all sides.
(4) Animal waste shall be managed properly so as to not create a
nuisance or health hazard to adjoining or nearby property owners.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Flora to adopt the ordinance with conditions, and carried
by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
April 22, 2003
395
NAYS: None
7. Second reading of an ordinance to obtain a Special Use Permit to
construct and operate a car wash located at 7005 Williamson
Road, Hollins Magisterial District, upon the petition of Graham
Family Limited Partnership. (Janet Scheid, Chief Planner)
O-042203-12
Ms. Scheid stated that this is a petition for a special use permit for an
unmanned car wash at 7005 Williamson Road because it is located in a C-2 district.
The Planning Commission approved the rezoning with the following conditions: (1) The
site shall be developed in substantial compliance with the site plan dated March 21,
2003. (2) The site shall be developed in substantial compliance with the Williamson
Road Guidelines. (3) Access shall be granted from Boxley Road (Route 1802) only and
the improvements to Boxley Road shall not connect to Greenway Drive. She advised
that the question about ownership of Boxley Road and whether or not the petitioner has
control of the road has not been fully answered at this time. She advised that the
petitioner’s counsel felt comfortable going ahead with the three conditions as stated.
The unmanned car wash will have to comply with all the water recycling stipulations of
the Zoning Ordinance, and this project fits well in the Williamson Road corridor.
Mr. Ed Natt, Attorney, advised that he was representing the Graham
Family Limited Partnership, and that Mr. Graham, petitioner, and Mr. Black, who owns
the lot to the rear of the property, were present. He advised that he would be glad to
April 22, 2003
396
answer questions.
Mr. Natt advised Supervisor Flora that the petitioner was agreeable to the
stated conditions. Mr. Mahoney advised that he and Mr. Natt had discussed a
modification to the third condition, and suggested that the word “allowed” be substituted
for “granted” in the third condition. Mr. Natt advised that the County was concerned
about granting permission to use Boxley Road if the County does not have the right to
grant that permission. Mr. Mahoney advised that the intent was to limit access off
Boxley Road and he did not want to give the impression that the County is the owner of
Boxley Road and was granting this power. Supervisor McNamara suggested that a
fourth condition could be added: that the County makes no representation as to
ownership of Boxley Road.
Mr. Dean Price, 6918 Trevilian Road, advised that he is the real estate
agent who is handling this transaction and the improvements to be made by the
Graham Family Limited Partnership will make it possible to develop the other vacant
lots at that site.
Supervisor Flora advised that he does not think the County owns Boxley
Road since counties have not owned right-of-ways since the 1930’s.
Supervisor Flora moved to adopt the ordinance with conditions and revise
Condition #3 as follows: Access shall be granted allowed from Boxley Road, Route
1802 only and the improvements to Boxley Road shall not connect to Greenway Drive.
The motion carried by the following recorded vote:
April 22, 2003
397
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 042203-12 GRANTING A SPECIAL USE
PERMIT TO THE GRAHAM FAMILY LIMITED
PARTNERSHIP TO CONSTRUCT AND OPERATE A CAR
WASH LOCATED AT 7005 WILLIAMSON ROAD (TAX
MAP NO. 27.14-8-9) HOLLINS MAGISTERIAL DISTRICT
WHEREAS, The Graham Family Limited Partnership has filed a petition for a
special use permit to construct and operate a car wash located at 7005 Williamson
Road (Tax Map No. 27.14-8-9) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
April 1, 2003; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on March 25, 2003; the second reading and public hearing on
this matter was held on April 22, 2003.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to the
Graham Family Limited Partnership to construct and operate a car wash located at
7005 Williamson Road (Tax Map No. 27.14-8-9) in the Hollins Magisterial District is
substantially in accord with the adopted 2000 Community Plan pursuant to the
provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special
Use Permit is hereby approved with the following conditions:
(5) The site shall be developed in substantial compliance with the site
plan dated March 21, 2003.
(6) The site shall be developed in substantial compliance with the
Williamson Road Guidelines.
(7) Access shall be granted allowed from Boxley Road (Route 1802)
only and the improvements to Boxley Road shall not connect to
Greenway Drive.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Flora to adopt the ordinance with conditions and revise
Condition #3 as follows: Access shall be granted allowed from Boxley Road, Route
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398
1802 only and the improvements to Boxley Road shall not connect to Greenway Drive,
and carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
8. Second reading of an ordinance to amend the Roanoke County
Zoning Ordinance Section 30-53, C-1 Office District, to include
personal services as a Permitted Use, upon the petition of the
Roanoke County Planning Commission. (Janet Scheid, Chief
Planner)
O-042203-13
Ms. Scheid stated that this is a request from the Planning Commission to
amend the Zoning Ordinance to allow personal services in the C-1 Office District. They
are only allowed in a C-2 district and are not allowed either as a permitted use or by a
special use permit in the C-1 district. The definition of personal services is:
Establishments or places of business engaged in the provision of frequently or
recurrently needed services of a personal nature. Typical uses include beauty and
barbershops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and
laundromats and dry cleaning stations serving individuals and households. The
Planning Commission recommended approval of the request. She advised that there
are no significant land use impacts that would deem these services to be inappropriate
for the C-1 districts.
Supervisor McNamara advised that he considers this to be a significant
change and would prefer to have personal services require a special use permit so the
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399
Board has some control over granting the request. He would rather tighten the
restrictions than loosen them.
Supervisor Flora advised that he felt that personal services fit in with the
other permitted commercial uses such as business or trade schools, communications
services, and veterinary hospitals/clinic.
There were no citizens to speak on this matter.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 042203-13 AMENDING THE ROANOKE COUNTY
ZONING ORDINANCE, SECTION 30-53, C-1 OFFICE DISTRICT,
TO INCLUDE PERSONAL SERVICES AS A PERMITTED USE
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That Section 30-53 of the Roanoke County Zoning Ordinance be
amended to read and provide as follows:
Sec. 30-53-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more
stringent standards are listed in Article IV, Use and Design Standards, for those
specific uses.
* * * *
4. Commercial Uses
Business Support Services
Business or Trade Schools
Communications Services
Personal Services
Studio, Fine Arts
Veterinary Hospital/Clinic
* * * *
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400
2. That this ordinance shall be in full force and effect from and after its
passage.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Church
advised that it is unusual for him to let several days
go by without returning a citizen’s phone call. He advised that his secretary recently
died unexpectedly and his time has been limited. He asked that citizens be patient and
he will return their calls.
IN RE: WORK SESSION
1. Work session to discuss final fiscal year 03-04 budget including
contributions to organizations. (Brent Robertson, Budget
Director)
The work session was held from 8:50 p.m. until 9:00 p.m. The Board
members reviewed and finalized their contributions for the remaining six requests held
over from the afternoon work session.
IN RE: ADJOURNMENT
Chairman McNamara adjourned the meeting at 9:00 p.m.
Submitted by: Approved by:
________________________ ________________________
Brenda J. Holton Joseph P. McNamara
Deputy Clerk to the Board Chairman