Loading...
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 April 22, 2003 342 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, April 22, 2003 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. April 22, 2003 344 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 April 22, 2003 345 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 April 22, 2003 346 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 April 22, 2003 347 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 April 22, 2003 348 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, April 22, 2003 349 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. April 22, 2003 350 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 April 22, 2003 351 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) April 22, 2003 352 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 April 22, 2003 353 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 April 22, 2003 354 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- April 22, 2003 355 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 April 22, 2003 356 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 April 22, 2003 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 April 22, 2003 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 April 22, 2003 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 April 22, 2003 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 April 22, 2003 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 * * * * April 22, 2003 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