HomeMy WebLinkAbout1/28/2003 - Regular
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January 28
, 2003
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
January 28, 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 January, 2003.
IN RE: CALL TO ORDER
Vice-Chairman Flora called the meeting to order at 3:01 p.m. The roll call
was taken.
MEMBERS PRESENT:
Chairman Joseph McNamara (arrived at 3:03), 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; Diane S. Childers, Clerk to the Board; John
M. Chambliss, Assistant County Administrator; Dan
O’Donnell, Assistant County Administrator
IN RE: OPENING CEREMONIES
The invocation was given by Dr. Charles G. Fuller, Pastor Emeritus, First
Baptist Church, Roanoke, Virginia. The Pledge of Allegiance was recited by all present.
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. First reading of an ordinance to rezone .67 acres from C-1 Office
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District to C-2 General Commercial District in order to operate a
beauty salon located at 3505 Brambleton Avenue, Windsor Hills
Magisterial District, upon the petition of Windsor House, Inc.
2. First reading of an ordinance to rezone 17.034 acres from R-3
Medium Density Multi-Family Residential District to R-4 High
Density Multi-Family Residential District in order to construct
multi-family dwellings located at the east side of Plantation Road
at the intersection with Hershberger Road, Hollins Magisterial
District, upon the petition of Carroll Investment Properties, Inc.
Supervisor Flora moved to approve the first readings and set the second
readings and public hearings for February 25, 2003.The motion carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: APPOINTMENTS
1. Library Board
Supervisor Minnix nominated Ms. Phyllis Amos to serve a four-year term
which will expire December 31, 2006. He requested that her name be placed on the
consent agenda for confirmation at this meeting.
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2. Roanoke Regional Airport Commission
Supervisor Minnix nominated Arthur M. Whittaker, Sr. to serve an
additional four-year term which will expire February 10, 2007.
IN RE: CONSENT AGENDA
R-012803-1
Supervisor Church moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 012803-1 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 January
28, 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 5, inclusive, as follows:
1. Approval of minutes - January 2 and January 14, 2003
2. Confirmation of appointments to the Disability Services Board and the
Library Board (appointed by district)
3. Donation of .1567 acre portion of land for public right-of-way from Richard
A. Slusher, Vinton Magisterial District
4. Request from schools to accept and appropriate $369 from the Virginia
Commission for the Arts
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5. Request to accept water and sewer facilities serving Innsbrooke Estates
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 Church to adopt the Consent Resolution and carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REPORTS
Supervisor Minnix 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
4. Future School Capital Reserve
5. Report of Claims Activity for the Self-Insurance Program for the
period ended December 31, 2002
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
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Supervisor Flora requested that an additional work session be added to
discuss a school grant. It was the consensus of the board to add this as item P-0.
TH
IN RE: WORK SESSIONS (4 FLOOR CONFERENCE ROOM)
0. Work session to discuss the development of regional prevention
community coalitions throughout the County. (Jo Ann
Burkholder, Student Assistance Program Administrator)
The work session was presented by Ms. Jo Ann Burkholder and was held
from 3:45 p.m. until 3:53 p.m. Ms. Burkholder reported that in September 2001 the
County received a grant totaling $349,000 to be used to implement programs to
enhance the healthy development of youth. Part of this plan includes the
implementation of five Regional Prevention Community Coalitions. Board members
were asked to submit the names of two individuals in each district to serve on the
coalition.
1. Work session to discuss General Assembly process. (Paul
Mahoney, County Attorney)
The work session was presented by Mr. Mahoney and was held from 3:53
p.m. until 4:27 p.m. Mr. Mahoney reported that the Charter Bill Amendment to allow the
County to impose a tax on tobacco products was defeated 9-6 in the General Assembly.
He indicated that most of the tax bills have been referred to the Hanger-McDonnell Tax
Study Commission. Governor Warner spoke to County representatives on Legislative
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Day and indicated a strong priority for tax restructuring next year. Mr. Mahoney
suggested that the Board consider re-submitting a Charter Bill Amendment next year.
Mr. Mahoney expressed appreciation to Joyce Waugh, Roanoke Regional
Chamber of Commerce, for her comments in support of the County’s Charter Bill
amendment and the equal taxing authority legislation. He also voiced his support for
the efforts of Pete Giesen, Special Assistant for Legislative Relations.
With regard to additional state funding for school capital construction, Mr.
Mahoney reported that there are several bills still pending but the primary focus appears
to be in favor of addressing these issues in the budget process.
The proposed calendar for the remainder of the General Assembly
session is as follows: (1) Budget amendments will be published by February 4, 2003.
(2) Vote on the budget amendments will occur on February 6, 2003. (3) Conference
occurs between the two Houses and a decision is to be made by February 18, 2003.
The printed decision will be available around February 20, 2003. (4) Final action on the
budget will be on February 22, 2003 (the last day of the session).
Mr. Mahoney stated that there were four Bills introduced in the House and
four in the Senate regarding adequate public facilities. The goal was to grant localities
the power to be able to reject new residential development unless there were adequate
public facilities in place. The House Bills have all been “passed by indefinitely”,
however the Senate Bills are still alive.
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Elaine Carver reported on pending House Bill 2792 which would make
localities unable to provide support for functions if there were two private sector
companies that provide that service. For example, the County currently provides
wireless technology to Camp Roanoke, the Town of Vinton, and fire stations. Under this
pending legislation, the County would no longer be able to provide this service.
Mr. Mahoney indicated that he is continuing to monitor pending legislation,
and that the County is one of 15 localities submitting fiscal impact statements to the
Virginia Municipal League/Virginia Association of Counties (VML/VACo) to advise them
of the impact of pending legislation.
2. General discussion of objectives for 2003. (Joseph McNamara,
Chairman; Elmer Hodge, County Administrator)
The work session was held from 4:27 p.m. until 5:26 p.m. Brent
Robertson, Budget Director, reviewed the proposed budget calendar for 2003. Mr.
Robertson recommended that the public hearing on proposed tax rates be held on
March 11, 2003 and adoption of the tax rates on March 25, 2003. It was noted that the
Board can adopt a rate which is lower than the advertised rate.
Supervisor Flora recommended that staff consider adopting the budget
prior to adopting the tax rates. There was discussion on this matter, with it being noted
that the County’s practice in recent years has been to set the tax rates early and use
this as a factor in determining the budget. Supervisor McNamara emphasized the need
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to have revenue projections prior to beginning the budget process. Supervisor Minnix
indicated that he would not support a tax rate increase, but also indicated that he did not
see how the County could afford to lower the tax rate either.
It was the consensus of the Board to schedule six meetings with staff to
review the proposed 2003-2004 budget. Line item details will be provided to the Board
for each department. It was the consensus of the Board to hold a work session on
February 11, 2003 to discuss the Capital Improvement Program (CIP), facilities
maintenance, and the vehicle replacement policy. It was also decided that the Board
meeting on February 11, 2003 would begin at 2:00 p.m. to allow additional time to
complete the work session. Mr. Hodge indicated that the revenue projections for next
year and the comparison of actual vs. projected revenues for the first half of the current
fiscal year will be available at the February 11 work session.
There was discussion concerning the scheduling of meetings with human
and social service, cultural and tourism agencies regarding funding requests for the next
fiscal year. It was decided that there would be two meetings to address these funding
requests, and Board members would be provided with a spreadsheet detailing prior
allocations and current funding requests. Each Board member would indicate on the
spreadsheet the amount of funding they wish to allocate to each agency.
Elaine Carver reported that the HP migration is currently on schedule and
within budget. The $500,000 appropriated in the current year has been used to
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upgrade communication links, provide wireless links, increase security, and reduce
redundancy. Bandwidth between buildings and to the internet has also been increased.
She indicated that the total projected cost is $5 million over the next five years.
Supervisor McNamara suggested that a revenue stabilization account be
established utilizing the amount in excess of our 6.25% General Fund unappropriated
balance reserve. Supervisor Flora concurred that capital funding issues need to be
addressed, but recommended that the excess amount in the General Fund
unappropriated balance be placed in a capital fund and used to either fund the CIP or
debt service. Supervisor Minnix emphasized the need to maintain accurate,
conservative revenue estimates. It was the consensus of the Board that a funding
stream needs to be identified for the County’s capital needs.
The Board discussed the need to address a comprehensive land use plan;
specifically with regard to the impact development is having on roads, water, and sewer.
It was suggested that developers should fund the cost of installing satisfactory systems
that will result in lower costs to the citizens. There was discussion concerning the
impact this change would have on future residential development in the County.
The Board identified continued cooperation with surrounding regions as an
objective, and discussed the possibility of also involving the City of Salem, as well as
Botetourt and Franklin Counties in these regional efforts.
It was the consensus of the Board to schedule a retreat in the summer
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2003 to further refine priorities and potential funding sources.
IN RE: CLOSED MEETING
The Closed Meeting was held from 3:20 p.m. until 3:40 p.m.
IN RE: CERTIFICATION RESOLUTION
R-012803-2
At 7:00 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 012803-2 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 members
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the Resolution and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
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NAYS: None
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of appreciation to Aaron Conner for his assistance
following a robbery at a Roanoke restaurant
R-012803-3
Chairman McNamara presented the resolution of appreciation to Aaron
Conner. Also present at the meeting were Reggie and Ellen Conner, parents.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 012803-3 OF APPRECIATION TO AARON CONNER FOR HIS
ASSISTANCE FOLLOWING A ROBBERY AT A ROANOKE RESTAURANT
WHEREAS, Aaron Conner attends William Byrd High School where he is a
football player and was recently named to the Timesland List of “Sizzlin’ Sophomores”;
and
WHEREAS, Aaron was at the Western Sizzlin Restaurant on Orange Avenue on
Saturday, January 4, 2003, waiting for a table with his parents and sister; and
WHEREAS, Aaron saw a man with a stocking cap approach the cash register,
take a fistful of money, and run out the door; and
WHEREAS, Aaron decided to get involved when he saw a restaurant worker
running after the robber; and
WHEREAS, Aaron tackled the robbery suspect from behind and with the aid of
two restaurant employees, held him until the police arrived; and
WHEREAS, the Roanoke County Board of Supervisors wishes to recognize the
bravery and initiative demonstrated by Mr. Conner when he became involved in a
potentially dangerous situation without regard for his well being.
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NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
AARON CONNER
the citizens of Roanoke County to for his quick actions which greatly
benefited the restaurant, the restaurant workers and the community; and
FURTHER, BE IT RESOLVED that the Board of Supervisors expresses its
heartfelt pride in the manner in which Mr. Conner conducted himself in this sensitive
situation.
On motion of Supervisor Altizer to adopt the Resolution and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Resolution of congratulations to Pat Carr for being named Art
Educator of the Year by the Virginia Art Education Association.
R-012803-4
Chairman McNamara presented the resolution of congratulations to Pat
Carr. Also present at the meeting were Dr. Linda Weber, Superintendent of Schools,
and Martha Cobble, Principal of Cave Spring High School.
Supervisor Minnix moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 012803-4 OF CONGRATULATIONS TO PAT CARR FOR
BEING NAMED ART EDUCATOR OF THE YEAR BY THE VIRGINIA ART
EDUCATION ASSOCIATION
WHEREAS, Ms. Pat Carr has been teaching art for 32 years in the Roanoke
County Schools, having taught five years in the elementary schools and the reminder at
Cave Spring High School; and
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WHEREAS, Ms. Carr is a dedicated teacher who also paints and exhibits her
works at approximately 30 shows, contests and exhibits annually, having won more
than 70 awards, including several Best in Show Awards, and is currently a Signature
member of the Virginia Watercolor Society and the Baltimore Watercolor Society; and
WHEREAS, Ms. Carr, for most of the last twenty years, has been an officer in the
Southwest Region of the Virginia Art Education Association which is the third largest
state art education affiliate in the country; and
WHEREAS, Ms. Carr has been chosen as the Southwest Region’s Secondary
Art Teacher of the Year twice and as Virginia’s Secondary Art Teacher of the Year
once; and
WHEREAS, Ms. Carr’s current award “Virginia’s Art Educator of the Year” has
only been given to a classroom art teacher once in its history and she is the first person
to receive this award from the Southwest Region; and
WHEREAS, the Board of Supervisors wishes to congratulate Ms. Carr for this
award, recognize her excellence as a teacher, and commend her dedication to the art
profession.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, congratulates PAT CARR for receiving the Art Educator of
the Year Award from the Virginia Art Education Association; and
FURTHER, BE IT RESOLVED that the Board of Supervisors expresses its
deepest appreciation to Ms. Carr for her many years of teaching and for setting an
example by her dedication to the art profession.
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
IN RE: NEW BUSINESS
1. Resolution affirming the commitment of Roanoke County to retain
the 1932 Seagrave fire truck stationed at the Mt. Pleasant Fire
Department. (Paul Mahoney, County Attorney)
R-012803-5
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Mr. Hodge presented this item and stated that the volunteer firefighters
from Mt. Pleasant Fire Department have asked that Roanoke County's #1 fire truck, a
1932 Seagrave, be retained by the County for historical and ceremonial purposes.
They have also asked permission to keep this truck at the Mt. Pleasant station where it
will be preserved and maintained for use at County-wide functions as requested.
Former Volunteer Chief Gene Wagner and some of the volunteers restored this vehicle
when it was surplused by the County in 1972.
Mr. Hodge outlined the following conditions contained in the proposed
resolution:
1. The 1932 Seagrave will be housed indoors where it will be maintained
and preserved. The County may be required to provide funds for its
upkeep.
2. Other County departments and stations may call on Mt. Pleasant to
provide the truck for ceremonial purposes.
3. The Board of Supervisors agrees not to sell or dispose of this vehicle
without the agreement of the Mt. Pleasant Fire Department volunteer
firefighters.
4. The Mt. Pleasant volunteers understand that if they are no longer able
to maintain this truck as described, they will allow it to be placed in a
County museum, station or place of protection as designated by the
Board. The Board agrees that should this become necessary, the
1932 Seagrave will continue to be owned and preserved by the County
as it is now by the Mt. Pleasant station.
Present at the meeting representing the Mt. Pleasant Fire Department
were Chief Colin Gee, Bobby Scruggs, Jack Gee, Dean Rorrer, and Mike Gee. Mr.
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Scruggs, one of the founding members of the Mt. Pleasant Fire Department in 1955,
was recognized for his service to the citizens of Roanoke County and was presented
with a Roanoke County lapel pin.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 012803-5 AFFIRMING THE COMMITMENT
OF ROANOKE COUNTY TO RETAIN THE 1932
SEAGRAVE FIRE TRUCK STATIONED AT MT.
PLEASANT FIRE DEPARTMENT
WHEREAS, by Resolution 040897-1 the Board of Supervisors designated the
1932 Seagrave Fire Truck stationed at Mt. Pleasant Fire Department as Roanoke
County’s #1 Fire Truck in recognition of the historical significance of this fire equipment
and of the contribution by Chief Wagner and many volunteers in refurbishing this engine
and in their joint service to the residents and businesses of Roanoke County; and,
WHEREAS, the Board of Supervisors desires to affirm its commitment to
maintain the 1932 Seagrave Fire Truck/Roanoke County’s #1 Fire Truck at the Mt.
Pleasant Fire Station for historical display and for use in appropriated County-wide
functions and to not sell or transfer custody, use or ownership of this fire engine to
another department or entity without the approval and support of the Mt. Pleasant
Volunteer Fire Department.
NOW, THEREFORE, BE RESOLVED, by the Board of Supervisors of Roanoke
County, Virginia:
1. That the Board of Supervisors affirms its designation of the 1932 Seagrave fire
truck as Roanoke County’s #1 Fire Truck to be housed at the Mt. Pleasant Fire
Station and maintained by personnel of the Mt. Pleasant Volunteer Fire
Department with such assistance from Roanoke County as may be reasonably
necessary for preserving this fire truck.
2. That the County’s #1 Fire Truck shall be made available for appropriate use for
County-wide functions as requested by the County Administrator or his designee.
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3. That the Board of Supervisors agrees not to sell, lease, assign or otherwise
dispose of this 1932 Seagrave Fire Truck without the agreement of the Mt.
Pleasant Volunteer Fire Department or its successor in interest. In the event that
the Mt. Pleasant Volunteer Fire Department is unable to maintain this fire truck,
this fire truck will be placed in a County museum, station or place of protection as
designated by the Board.
4. That the Board of Supervisors is committed to maintaining the County’s #1 Fire
Truck in its present condition in so far as it is possible to do so.
On motion of Supervisor Altizer to adopt the Resolution and 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 ordinance to rezone from R-1, Low Density
Residential District, to C-2, General Commercial District, and to
obtain a special use permit on a .6 acre parcel for the operation of
a used automobile dealership located at 6521 Bent Mountain
Road, Windsor Hills Magisterial District, upon the petition of
Michael W. Christley. (Janet Scheid, Chief Planner) WITHDRAWN
AT THE REQUEST OF THE PETITIONER
Chairman McNamara verified that this item had been withdrawn at the
request of the petitioner.
2. Second reading of ordinance to obtain a special use permit to
construct a religious assembly facility on 3.28 acres located at
7300 Williamson Road, Hollins Magisterial District, upon the
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petition of Sovereign Grace Community Church. (Janet Scheid,
Chief Planner)
O-012803-6
Ms. Scheid stated that the petitioners propose to use approximately one
third of the available space in the existing building. They plan to alter the interior for a
sanctuary, Sunday school classrooms, and possibly office space and a fellowship hall.
The petitioner’s conceptual interior drawing shows approximately 215 seats in the
sanctuary. The church currently has average attendance of 75 worshipers. No exterior
alterations are planned. Ms. Scheid reported that the Planning Commission heard this
petition on January 7, 2003 and made a motion to approve the request, with the
condition that the special use permit is valid as long as the church is a tenant at the
location and not a property owner. The motion passed with a vote of 3-0. The County
Attorney’s Office does not recommend that this condition be attached.
Mr. Bruce Chick, 3337 Holyfield Circle, Minister of Sovereign Grace
Community Church, indicated that the church’s mission is to serve the people and the
community. Present at the meeting were members of the congregation.
There were no citizens present to speak and there was no discussion on
this matter.
Supervisor Flora moved to adopt the ordinance with the elimination of the
condition. The motion carried by the following recorded vote:
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AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 012803-6 GRANTING A SPECIAL USE
PERMIT TO SOVEREIGN GRACE COMMUNITY CHURCH
TO CONSTRUCT A RELIGIOUS ASSEMBLY FACILITY
ON 3.28 ACRES LOCATED AT 7300 WILLIAMSON ROAD
(TAX MAP NO. 27.10-7-2), HOLLINS MAGISTERIAL
DISTRICT
WHEREAS, Sovereign Grace Community Church has filed a petition for a special
use permit to construct a religious assembly facility on 3.28 located at 7300 Williamson
Road (Tax Map No. 27.10-7-2) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
January 7, 2003; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on December 17, 2002; the second reading and public hearing
on this matter was held on January 28, 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 Sovereign
Grace Community Church to construct a religious assembly facility on 3.28 acres
located at 7300 Williamson Road (Tax Map No. 27.10-7-2) 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 condition:
(1) The Special Use Permit is valid as long as the church is a tenant at
this location, and not a property owner.
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 modification that
that Condition (1) is removed, and carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
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IN RE: RECOGNITIONS
Chairman McNamara recognized Wayne Adams, Assistant Scout Master,
and members of Troop 236, Windsor Hills United Methodist Church, who were present
at the meeting as part of their requirements to earn a citizenship merit badge
3. Second reading of ordinance to rezone 22.743 acres from AR
Agricultural Residential District to R-1 Low Density Residential
District for 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)
A-012803-7
Ms. Scheid reported that this petition was originally heard by the Planning
Commission on November 5, 2002. At that time, Mr. Witt voiced concerns about the
approval of higher density developments within areas that are not designated for this
and do not have adequate public facilities and infrastructure to support them. Mr. Witt
moved to deny the request and the motion was passed 4-1.
Since that time, counsel for the petitioner submitted a memorandum dated
January 16, 2003 requesting that when the petition is heard, that it be remanded back to
the Planning Commission. The memorandum also contained the following five proffers
along with a set of three concept plans:
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1. The development of the property would be limited to fourty-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. No driveways for lots will be permitted on Cotton Hill Road,
Raintree Road or Sylvan Road.
3. The property will be accessed by a single entrance from Cotton Hill
Road at a location to be approved by VDOT.
4. Designated areas along Raintree and Sylvan Roads, as shown on
the plan, shall be left in their natural, undisturbed state.
5. A water line easement shall be provided through the property to
Sylvan Road
Ms. Scheid reported that on January 21, the developers held a community
meeting attended by approximately 15 citizens from the neighborhood. A number of
concerns were expressed by the citizens, primarily focusing on safety and the traffic
impact along Cotton Hill Road and Route 221. Additional concerns included decreasing
wildlife habitat, overcrowding in schools, and wells near the proposed development. As
a result of this meeting, the petitioners presented a revised set of proffers dated January
27, 2003. The revised proffers are as follows:
1. The development of the property would be limited to fourty-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
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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 have 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 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 to VDOT the parts of the property
that are between Cotton Hill Road and the existing gas line
easement except such dedicated area shall not include any land
that would make any point of any abutting developed lot less than
120 feet in depth.
7. Designated areas along Raintree and Sylvan Roads, as shown on
the plan, shall be left in their natural, undisturbed state.
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8. A water line easement shall be provided through the property to
Sylvan Road. The Developer shall install a water line within said
easement and place a fire hydrant at Sylvan Brook Road.
9. Developer shall install a 6-foot wood fence at the rear of Lots 2
through 6 as shown on the Development Plan.
Present at tonight’s Board meeting representing Cotton Hill Land
Company, LC were Ed Natt, attorney for the petitioner, Len Boone and Steve Strauss.
Mr. Boone reported that Cotton Hill Land Company is a joint venture between Boone,
Boone & Loeb and Strauss Construction Company. Mr. Boone stated that their initial
assumption in developing plans for the property did not take into consideration that
there would be any opposition to the proposed development. He indicated that initial
concerns voiced by the Planning Department focused on driveways along Cotton Hill
Road and their desire to have the entrance to the community line up with Monet Drive.
These were the initial proffers presented to the Planning Commission, with the
additional proffer to limit density to 2.75 homes per acre, which is in excess of the
current AR zoning. Mr. Boone indicated that they had not solicited the input of the
surrounding community, and in hindsight felt that this was negligent. At the Planning
Commission hearing they became aware of community concerns regarding traffic
impact, driveways along Raintree Road and Sylvan Brook Road, and the impact on
existing well systems. Based on this input, the developer requested plans based on the
following criteria: (1) Development with density limited to 2.75 homes per acre (2)
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Development under the current AR zoning (3) Development with an interior road system
containing no driveways along Cotton Hill Road, Raintree Road, or Sylvan Brook Road;
reduced density; a 60 foot buffer; and a water line easement to allow connection to the
public water system.
Mr. Boone reported that at the community meeting on January 21,
additional concerns were expressed including: a fire hydrant along Sylvan Brook Road,
buffering along lots 2 through 6 adjacent to the Wildlife Rescue Center, protection of the
landscape with a covenant to protect trees in the area, and a dedication to VDOT to
provide for the future widening of Cotton Hill Road. Additional proffers have been
added to address these concerns. In light of these substantial changes, Mr. Boone
requested that this matter be sent back to the Planning Commission for further review.
In response to a question from Supervisor Church, Mr. Boone indicated
that Proffer #9 only addresses lots 2 through 6 because these are the lots adjacent to
the Wildlife Rescue Center which needs additional buffering to meet the guidelines for
their continued operation.
Mr. Marc Burak, 5832 Kirk Lane,
spoke as both a resident of the area
and a Lieutenant for the Cave Spring Fire Department. He noted increasing traffic
problems due to the growth in the area over the last five years, and voiced concerns
about the safety of residents when the weather is bad and the roads become blocked
with abandoned cars unable to traverse Cotton Hill Road.
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Ms. Dorothy Runion, 5931 Cotton Hill Road,
stated concerns about the
increasing traffic on Cotton Hill Road and the potential for accidents. She stated that it
is a matter of when the improvements can be accomplished, how much it will cost, and
when VDOT and Roanoke County will be able to afford these improvements. She
indicated that the land below her property belongs to the Department of the Interior, and
that the widening of Cotton Hill Road will be hindered by Parkway restrictions.
Ms. Katherine Shank, 6533 Raintree Road,
requested that the Board
return this matter to the Planning Commission for further consideration in light of the
changes that have occurred in the proposed development.
Ms. Annie Krochalis, 9428 Patterson Drive,
requested that the
suggested proffers that were added at the community meeting, particularly with regard
to the installation of fencing around the Wildlife Rescue Center, be included in any final
zoning decisions. In addition, she voiced concerns about the safety of the site
distances and the lack of posted speed limit signs, the status of VDOT funding for road
improvements, the continuity of the proposed development with the existing community
and the comprehensive plan, the impact on the environment, and maintaining the
integrity of the process through which development requests for rezoning must proceed.
Ms. Diane Campbell, 7246 Merriman Road,
noted the frequent
occurrence of accidents at the intersection of Cotton Hill Road and Merriman Road due
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to the high rates of speed and increased traffic flow. She stated that Cotton Hill Road
cannot handle any additional traffic.
Ms. Pam Berberich, 6679 Mallard Lake Court,
indicated that Cotton Hill
Road cannot handle the current amount of traffic, and an additional 900 homes have
already been approved on the south side of the Parkway. She stated that the schools
have been redistricted due to increasing growth, and emphasized that the area is
already struggling to deal with the amount of development that has already been
rezoned.
Mr. Steven Burak, 5832 Kirk Lane,
stated that Cotton Hill Road was
never intended to handle the volume of traffic it is currently handling, let alone any
additional increases. Also, he voiced safety concerns regarding the gas line
easements.
Ms. Claudine Ujvary, 5865 Cotton Hill Road,
has been a resident of the
area since 1956 and stated that improvements to the road need to be made due to the
increasing growth and traffic.
Supervisor Minnix stated that development in the County cannot be
stopped, but the process can be managed to maintain a minimum impact on the
citizens. He stated that if it was within his power, he would delay this project until the
road can be improved. However, this development will proceed under either AR zoning
or R-1 zoning with reduced density. He also expressed concerns about the speed limit,
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and indicated that he has submitted a letter to VDOT requesting a reduction in the
speed limit. He stated that improvements to Cotton Hill Road are on the six year plan,
but VDOT currently lacks funding for road improvements. He stated that in light of the
substantial changes in proffers to this development, he requested that this matter be
remanded to the Planning Commission.
In addition to the proposed proffers, Supervisor Minnix requested the
following: (1) VDOT’s input on the driveways along Cotton Hill Road, Raintree Road
and Sylvan Brook Road with regard to site distance under the AR zoning. (2) The
Planning Commission re-examine the proffers from the developers. (3) A traffic study at
the intersection of Cotton Hill Road and Route 221 to determine if it qualifies for a traffic
signal, and request that VDOT take into consideration the additional 39-44 homes
requested by the petitioner as well as the impact of houses on the 302 additional acres.
(4) Planning Commission to clarify the donation for improvements to Cotton Hill Road.
(5) A process for designating that these homes will not be in the Back Creek school
district. (6) That the developers, Mr. Boone and Mr. Strauss, meet with the citizens
again to achieve the best possible outcome.
In response to a question from Supervisor Church, Ms. Scheid reported
that if the petition is denied, the petitioner still has the right to build 38.6 houses on the
22.74 acres zoned AR with public water and sewer. The proposed plan under AR
zoning shows 35 lots with driveways on Cotton Hill Road, Raintree Road, and Sylvan
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Brook Road. She stated that the driveways along Raintree Road cannot be developed
due to the fact that this is National Park Service property. VDOT also has expressed
reservations about the driveways proposed along Cotton Hill Road, and indicated that
the developer would have to show that adequate site distance exists.
Supervisor Church stated that this development will proceed regardless of
whether this petition is denied by the Board of Supervisors. He voiced concerns about
returning this matter to the Planning Commission, and indicated that it places the
County in a liability situation with other petitioners who have not had the benefit of
having their projects returned to the Planning Commission for further review rather than
denial of the application. Supervisor Church indicated that this could also potentially
establish a precedent for developers repeatedly coming to the Board and requesting
that matters be sent back to the Planning Commission.
Supervisor Flora indicated that this project has demonstrated substantial
revisions which merit it being returned to the Planning Commission for further review.
He concurred with the issues raised by Supervisor Minnix with regard to traffic
congestion, the need for a signal light, and speed limit. He stated that in this situation,
the Board is faced with making a decision on the lesser of two evils. The development
is going to proceed, and the Board must decide if this will proceed under AR or R-1
zoning.
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Supervisor Altizer stated that he supports returning this matter to the
Planning Commission due to the efforts that have been made by the developers to offer
additional proffers. He indicated that he was not happy with the process through which
this petition has proceeded, and he stated that he will have difficulty supporting projects
in the future which have not involved the surrounding community in the planning
process.
Supervisor Minnix moved to send this petition back to the Planning
Commission for further consideration. The motion carried by the following recorded
vote:
AYES: Supervisors Flora, Minnix, Altizer, McNamara
NAYS: Supervisor Church
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Church
: (1) He requested that Mr. Hodge follow up with
Roanoke City regarding the fees charged for admission to Carvin’s Cove. (2) He
extended condolences to the family in Botetourt County where the house fire occurred.
(3) He extended condolences to the family of Lewis Cassell, Broadview Neighborhood
Watch Coordinator since 1990, who passed away recently. He noted the many
contributions Mr. Cassell made to the Neighborhood Watch Program.
Supervisor Altizer
: (1) He advised that he will be out of town the week of
February 17.
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Supervisor Flora
: (1) He reminded staff to follow up regarding a letter to
VDOT requesting a reduction in the speed limit on Brambleton Avenue/Route 221.
IN RE: ADJOURNMENT
Chairman McNamara adjourned the meeting at 7:25 p.m. until Tuesday,
February 11, 2003 at 2:00 p.m. for the regularly scheduled Board of Supervisors
meeting.
Submitted by: Approved by:
________________________ ________________________
Diane S. Childers Joseph P. McNamara
Clerk to the Board Chairman
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