HomeMy WebLinkAbout10/22/2019 - RegularOctober 22, 2019 411
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of October 2019. Audio and video recordings
of this meeting will be held on file for a minimum of five (5) years in the office of the
Clerk to the Board of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order, a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman North called the meeting to order at 3:03 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Phil C. North; Supervisors George G. Assaid,
Martha B. Hooker, David F. Radford and P. Jason Peters
MEMBERS ABSENT: None
STAFF PRESENT: Daniel R. O'Donnell, County Administrator; Richard
Caywood, Assistant County Administrator; Rebecca Owens,
Assistant County Administrator, Peter S. Lubeck, Acting
County Attorney; Amy Whittaker, Public Information Officer
and Deborah C. Jacks, Chief Deputy Clerk to the Board
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of Cmdr. Raymond Torres for receiving the
International Association of Chiefs of Police (IACP) 40 under 40
Award (Howard B. Hall, Chief of Police)
Recognition was given.
2. Proclamation recognizing November 2019 as National Adoption
Month and November 23, 2019, as National Adoption Day in the
County of Roanoke (Ben Jones, Family Services Supervisor)
412 October 22, 2019
Proclamation was read by the Clerk.
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of Fellowship Community Church to rezone property
to remove the proffered conditions and to obtain a special use
permit for a religious assembly on approximately 3.50 acres
zoned C -2C, High Intensity Commercial, District with conditions,
located near the 6500 block of Merriman Road, Cave Spring
Magisterial District
Supervisor Hooker's motion to approve the first reading and set the
second reading and public hearing for November 19, 2019, was seconded by
Supervisor Assaid and approved by the following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
2. The petition of Roanoke Valley Resource Authority to obtain a
special use permit for a sanitary landfill on approximately 8.05
acres zoned AG -3, Agricultural/Rural Preserve, District and to
amend the special use permit for an existing sanitary landfill
(Smith Gap Landfill) on approximately 886.80 acres zoned AG -3S,
Agricultural/Rural Preserve, District with a special use permit,
located on the northwest side of Fort Lewis Mountain between
Smith Gap, and Bradshaw Road, Catawba Magisterial District
Supervisor Hooker's motion to approve the first reading and set the
second reading and public hearing for November 19, 2019, was seconded by
Supervisor Radford and approved by the following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
3. The petition of David and Stace Todd to obtain a special use
permit in a R-1, Low Density Residential, District to comply with
the use and design standards associated with an accessory
apartment in an accessory building on approximately 0.346 acre,
located at 1047 Barrens Village Court, Hollins Magisterial District
October 22, 2019 413
Supervisor North's motion to approve the first reading and set the second
reading and public hearing for November 19, 2019, was seconded by Supervisor
Hooker and approved by the following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 102219-1 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM G - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows-
That
ollows:That the certain section of the agenda of the Board of Supervisors for October
22, 2019, designated as Item G - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 6 inclusive, as follows -
1 .
ollows:1. Approval of minutes — September 24, 2019; October 8, 2019; October 10,
2019
2. Designation of voting delegate to the Virginia Association of Counties (VACo)
Conference to be held November 10-12, 2019
3. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Edith Jones, Custodian, upon her retirement after more
than twenty-eight (28) years of service
4. Request to accept and allocate funds in the amount of $18,609 from the
Commonwealth of Virginia to the Clerk of the Circuit Court
5. Request to accept and allocate a Stormwater Management (SWM) Program
grant in the amount of $600,000 from the Department of Environmental
Quality for restoration of Wolf Creek Stream Restoration — Water Quality
Improvement Project at Goode Park— Phase I
6. Resolution petitioning the Governor of the Commonwealth of Virginia to
declare Roanoke County a drought disaster area
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
A -102219-1.a
414 October 22, 2019
RESOLUTION 102219-1.b EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO EDITH JONES,
CUSTODIAN, UPON HER RETIREMENT AFTER MORE THAN TWENTY—
EIGHT (28) YEARS OF SERVICE
WHEREAS, Edith Jones was employed by Roanoke County on June 24, 1991;
and
WHEREAS, Ms. Jones retired on October 1, 2019, after twenty-eight (28) years
and three (3) months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Ms. Jones, through her employment with Roanoke County, has
been instrumental in improving the quality of life and providing services to the citizens of
Roanoke County; and
WHEREAS, throughout Ms. Jones' tenure with Roanoke County, she played an
integral role in the cleanliness and overall quality presentation of County facilities, to
include the Roanoke County Courthouse, Hollins Library, Roanoke County
Administration Center and Roanoke County Public Service Center.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to EDITH JONES for more than twenty-eight (28) years of capable,
loyal, and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
A -102219-1.c
A -102219-11A
RESOLUTION 102219-1.e PETITIONING THE GOVERNOR OF
THE COMMONWEALTH OF VIRGINIA TO DECLARE ROANOKE
COUNTY A DROUGHT DISASTER AREA
WHEREAS, there continues to be dry conditions throughout the fall of 2019 in
Roanoke County, Virginia, which have caused widespread, substantial grass and
grazing land damage; and
WHEREAS, unseasonably high temperatures are accelerating the effects of the
rainfall deficit; and
WHEREAS, livestock water resources are declining; and
October 22, 2019 415
WHEREAS, the lack of sufficient pasture has required farmers to use winter feed
reserves; and
WHEREAS, there does not appear to be any significant relief in the foreseeable
future; and
WHEREAS, these conditions have and continue to cause financial loss to the
farmers in Roanoke County.
NOW, THEREFORE BE IT RESOLVED, that the Roanoke County Board of
Supervisors hereby petitions the Honorable Ralph Northam, Governor of the
Commonwealth of Virginia, to declare Roanoke County a drought disaster area in order
to provide the means for those affected to qualify for some relief assistance.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
Jenny Chapman from Bent Mountain, Virginia stated she has lived there
for over forty (40) years. She and her husband have a small business there. She stated
that she is appalled in what is happening in her quiet, little neighborhood. A week or so
ago, for example, her neighbor was working at her son's cabin on Willet Lane installing
Wi-Fi cable. This neighbor is Ethan Gleiner, the very same young man who you posed
in a photo op recently, as you may recall. He was ticketed for obstructing traffic. She
saw where he was parked, the same way anybody parks on a country road. Any
normal traffic could have passed, just not huge tractor trailers hauling huge equipment
on goose -neck trailers. Of course, this kind of use was never anticipated for a
neighborhood road. At any rate, MVP called the police and Officer Laura Rinehard
responded. There was no warning; no reasonable ask to move, just ticketed. So many
questions, why did the dispatch call asking him to move come at the very same that that
Officer Lara arrived. For the reason, Ethan told the dispatcher he would go immediately
and move, but Officer Lara was already there, pen in hand writing the ticket, wow, so
quick, obstructing construction traffic she said. That is interesting. Why was there no
signage to alert drivers that there was construction traffic happening on that road?
There is logging happening on that road; the logging company has put up a sign alerting
traffic to logging trucks entering the road. Why not MVP? The next day, driving to her
son's cabin, imagine her surprise and alarm rounding a curve and coming upon a huge
goose -neck trailer with a big tractor hauling it coming her way. There was absolutely no
warning that anything was coming around that curve. She had to pull off the road in
order that it could pass. Fortunately, she was able to see it ahead of time to do that, but
with those curves you cannot always count on that. The irony was there were two MVP
pickup trucks directly behind and following it. Why weren't they ahead of it warning that
416 October 22, 2019
an oversize load was headed her way? What is happening on Willet Lane highlights a
serious and dangerous problem. Okay you say they are closing down for winter, traffic
problem over. No, because it is only temporary. They will be back with even more
equipment once trenching and pipe setting begins. The Board of Supervisors must
make yourselves of this and be proactive. You need to know what these roads are like
and how they are being misused. They are putting every citizen driving on it and their
well-being in jeopardy. This is a very real hazard and this is your notice of that hazard.
Develop a plan, a strategy, especially require that the police advocate for the citizens of
our community. This is a very serious safety issue. Abdicating responsibility here is not
an option. It is negligence.
IN RE: REPORTS
Supervisor moved to receive and file the following reports. The motion
carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of
September 30, 2019
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of September 30, 2019
5. Accounts Paid — September 30, 2019
6. Statement of Treasurer's Accountability per Investment and Portfolio
Policy as of September 30, 2019
Chairman North recessed the meeting to the fourth floor at 3:23 p.m.
IN RE: WORK SESSIONS
1. Work session to discuss neighborhood traffic calming and
through -truck restrictions with the Board of Supervisors (Richard
Caywood, Assistant County Administrator)
Mr. O'Donnell gave an overview and turned the meeting over to Mr.
Caywood and Chief Hall, who provided a PowerPoint presentation that was included in
the agenda packet.
October 22, 2019 417
Staff indicated that Canter and Meadowlark would be test roads for speed
boards, which cost approximately $3,000 to $6,000.
Chief Hall advised they have to determine some definition of what a
problem is when they deploy resources, so they are looking at crashes (safety problem),
school zones and residential speed, which ones move to the top of list in terms of
severity of the problem.
Supervisor North commented that Meadowlark and Cantor seem to be two
of the smallest enforcement areas, why did staff choose these two, because of the most
citizen requests. Mr. Caywood explained it is a combination of several things. First,
when we looked at this approximately two years ago, there were quite a few citizens
petitioning the Board on both locations and these are two locations that are more
difficult for the Police Department to enforce. Hunting Hills would be an obvious place
to consider doing this, but that lends itself better to Police enforcement. Meadowlark
has a lot of school traffic from Cave Spring High School and it a cut through and you are
targeting a younger population. Cantor is kind of an uncorrectable geometric issue with
the hill. We could look at other locations, these were just the two where there was a lot
of citizen buy -in, which is helpful.
Supervisor Hooker inquired if there are a lot of citizens who call the Police
Departments, what kind of numbers are calling in. She knows the Board members get
calls. Chief Hall stated we will try when there is a new caller or new road, we try to
handle as informally as they can. If it becomes more frequent or a significant
complaint, we will go with speed boards and take surveys to see exactly where we
stand from a speed perspective. If there is a particular problem, they can assign more
resources there. Every month there is a "Road for the day." Supervisor Hooker stated
there are some who like to inflate the boards to mess with the data.
Supervisor Assaid commented there are ways of preventing speeding;
what about raising the limit? Mr. Caywood stated he would not recommend because
the neighborhood asked to have it lowered. The geometrics of that road tends to lend
itself to higher speeds.
Supervisor Radford inquired about Fairway Forest Drive. He has had
several and even had a citizen to come out and talk during the Board meeting
concerning that issue. He would like to see is try something. He likes what you
offering. The people on Fairway Forest are going to be bummed out that they are not in
the pilot program. He thinks it is something that we need to do. We recently did a test
on Lofton. The covert device was done first and then the speed board, which is coming
down in the next day or so. Supervisor Radford reiterated he wanted to try something,
because there is a business on Jamison, and is well aware of physical impairments in
the road. Mr. Caywood stated the locations they start with are not as important. What
we don't know is would those two neighborhoods generate the necessary signatures
and certainly, part of this is cost constrained.
418 October 22, 2019
He wants to start somewhere with poor compliance and all the roads listed are
candidates and Fairway Forest is right at the threshold. Staff feels the two they
recommended are good, but not critical to those two particular roads. They next steps
would be to reach out to the two locations staff suggested and to some of the neighbors
that have contacted us before and see if they have the interest in generating the
signatures.
It was the consensus of the Board to move forward with the staff
recommendations.
Next, through -truck restrictions were discussed. In attendance from the
Virginia Department of Transportation (VDOT) were Anne K.C. Booker and Brian
Blevins.
Supervisor Peters if they had the number of crashes on Jae Valley and
versus Wood Haven. Chief Hall commented that Jae Valley was used as an example
because it is so hard to enforce, but he could get the number. Supervisor Peters asked
if the County took action about holding the trucking company liable for Roanoke County
costs. Chief Hall stated that is not a police issue. The State cited the one with the
formaldehyde. Supervisor Peters stated with Mr. Altizer was on the Board there was a
lot of work done with the County Attorney's office. Chief Hall advised in the last twelve
months, they have written 207 citations and 26 warnings on Jae Valley Road; only 13 of
which were trucks. All of the trucks, received summons as opposed to warnings. We
do see violations out there, but it is more cars that are speeding. We have had a
presence out there and it is not deterring.
Mr. Peters left the meeting at 4:30 p.m.
Supervisor Assaid inquired how do they know if they are a through -truck
with Chief Hall advising if the business is located on the route.
Supervisor North asked if the average is 70 trucks a day on Old Mountain,
are they exceeding the speed limit. VDOT has done a study with Ms. Booker advising
the single unit trucks, i.e. panel trucks, are slightly higher than the OTC and the tractor -
trailers were slower.
The consensus of the Board was to move forward with staff
recommendations.
The work session was held from 3:46 p.m. until 4:38 p.m.
Chairman North called the meeting back into session at 7:02 p.m. with all
Supervisors in attendance.
October 22, 2019 419
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. The petition of Lewis Gale Medical Center to rezone
approximately 1.44 acres from R-1, Low Density Residential
District, District to C-1, Low Intensity Commercial, District for a
medical office — free standing emergency room, located at 1423
West Ruritan Road, Hollins Magisterial District (Philip Thompson,
Acting Director of Planning)
Mr. Thompson reviewed the request for petition.
Chairman North asked if there were any questions of Mr. Thompson; there
were none.
The petitioner, Adam Crunk, Civil Engineer with Crunk Engineering was in
attendance to represent Lewis Gale in their petition. Chairman North asked if Mr. Crunk
was at the community meeting with Mr. Crunk responding in the affirmative.
Mr. Crunk advised that he just wanted to highlight a few things and add a
few additional facts. He indicated they do expect ambulance trips. On average, the
Cave Spring site has approximately ten per week. A fairly low number. At highest shift,
there are approximately ten employees there at any one time. These facilities see
approximately forty patients a day.
The site is anticipated to be graded in such a way to balance cut -and -fill.
In a similar fashion to the Chick-fil-A adjacent to our site, there will likely be a retaining
wall along Challenger Avenue, also a retaining wall on our rear property line. Our
anticipated maximum cut is about fourteen feet.
With that in mind, a geotechnical study was presented in the packet. And
simply just to summarize the report, seven borings were performed. Four borings were
taken to a depth of twenty feet without any rock presented in those borings. One boring
encountered weathered rock, which is considered ripable by normal excavation
techniques. That weathered rock was found at a depth of 9 feet; bedrock was found at a
depth of 16-1/2 feet. But in that particular location, we'd actually be filling above that
boring mark. And then two additional borings were taken down to five feet without rock
being found.
So in summary, in general the rock appears to be quite deep across the
majority of this site, also evidenced by the fact that the existing home that's on the site
was built with a basement. We'd just like to add no geotechnical study is completely
conclusive. You can find different conditions within just ten feet one direction or another.
The seven borings that were done on this 1.4 -acre site is a pretty typical quantity just to
really gauge the general conditions of the property.
Primarily these studies are done to eliminate risk for the owner. When it
comes to any kind of complications or things found underground, there are proven
engineering and construction methods to account for each of those. The risk is primarily
associated with the cost to mitigate the situation that might be found underground.
420 October 22, 2019
However, they understand the concerns about blasting. They certainly don't want to be
responsible for any damage to the neighbors, and therefore that was the reason behind
proffering that blast would be prohibited during construction.
So again, based on the geotechnical report they feel like that rock or rock
removal would not be significant. He indicated they do recognize there's a possibility of
some rock removal along our northwest property line. But given the existing slope, the
20 -foot buffer that is going to be maintained to that property line, and the retaining wall
that we require only 5 to 8 feet of excavation into our site, we feel like the risk is fairly
minimal.
There was mention of low to moderate karst activity, the potential for
sinkholes on this site. Low to moderate being that really there was not any sinkhole
activity found. But really throughout the valley in Roanoke County you could expect that
karst activity is entirely possible, and it's certainly possible on this site. But again, they
feel that if found there are certain engineering solutions to mitigate that.
Finally, he closed with a few points about why this site was chosen. Lewis
Gale's study of the County and the demographics in this area, they felt like additional
healthcare services would be warranted here. It felt like most of the patients that would
benefit from this particular facility would be located north and east of this particular
property and therefore likely would be traveling south or eastbound down Challenger
Avenue. So ideally this site is situated at a corner, with a light, with right -turn access in
the westbound direction. This property is located in a transition zone which is, as we
understand, identified for potential low -impact commercial development, which they feel
like this use falls within.
Supervisor Radford inquired how many personal vehicles will be coming in
as well as the ten (10) ambulances per week. Mr. Crunk responded, as indicated in the
traffic study, there is an estimate of 25 to 30 trips in the peak hour. There is one shift
change, and ten (10) employees at the maximum shift; twenty (20) trips from 7 a.m. until
7 p.m. Supervisor Radford reiterated that it would be twenty-five (25) a day with Mr.
Crunk responding in the negative, stating the per -day trips are probably more on the
magnitude of a hundred (100) cars traveling in and out on a daily basis.
Supervisor Radford then stated their cut is going to be fourteen (14) feet
back, it looks like on the northwest side. Does that mean your retaining wall is going to
be that tall? Mr. Crunk responding in the affirmative. Supervisor Radford asked if it
would be a concrete retaining wall, with Mr. Crunk responding that at this point it has not
been designed. Supervisor Radford stated that you would not want to do rock that goes
into other rocks and he would assume they would be doing a concrete structure. Mr.
Crunk responded it would be either concrete or ready rock, along those lines.
Supervisor Radford then asked if there was a generator that he is seeing
back up to that wall, with Mr. Crunk responding in the affirmative. Supervisor Radford
then asked Mr. Thompson, with regard to sound generated from the generator, is there
a rating and how does that come into play. Mr. Crunk stated the he could advise some
facts about the generator. The generator is a code requirement for this type of use. It is
October 22, 2019 421
really only run when it must be tested and then in the event of a power outage. Typically
they have about 72 hours -worth of fuel with the ability to refuel if necessary. The
generator does have a muffler. And in this case, really the top of the generator would sit
lower than the top of the retaining wall, which is also another five to ten feet below the
property line. There's still a pretty significant slope above. That would be above the
retaining wall. Supervisor Radford then asked if they had the actual noise output
measured with Mr. Crunk responding negatively.
Supervisor Peters stated with regard to the ten ambulances a week, is that
being transported from the facility because he knows that you do that the Emergency
Room on Rt. 419. There is an ambulance that sits there all the time for transport to a
facility, if needed. Mr. Crunk responded it is not there all the time, but it is primarily the
point of transport from the facility to the hospital.
Supervisor North then inquired with regard to the generator, it is located in
the back of the property close to the residences. Is there any possibility, in
consideration to being a good neighbor that it could be located on the site away from
the neighbors, like close to the road? Mr. Crunk responded they could look at relocating
to the southeast corner. Supervisor North then asked how many times has the
generator in Cave Spring come on since it has been open with Mr. Crunk advised he
cannot speak to that facility. Supervisor North stated but it is rare, with Mr. Crunk
stating it is very rare. Supervisor North stated he thinks it is good that there is a no
blasting proffer. With regard to the jackhammers, do you know based on the geological
study if you would need to use jackhammers? Mr. Crunk responded that he cannot say
with certainty that no jackhammers will be used, but based on the depth of rock found
and the grades, he considers it possible. Supervisor North stated the concern would be
ground vibrations like blasting could cause some issues with nearby residences. Mr.
Crunk stated the sort of activities to take rock out in those instances really do not
involve a lot of vibrations to the rock itself.
Supervisor North then asked what would the construction schedule be
with Mr. Crunk advising he cannot say specifically, but he is sure there are ordinances,
which they will abide by.
Supervisor North commented with regard to the ambulances, they have
stated that most would be leaving from there and going to the hospital, which Mr. Crunk
confirmed. Supervisor North stated, so they don't anticipate ten ambulances coming in
there a week from outlying Bedford, Botetourt, or east Roanoke County coming inbound
to bring a patient? I was under the impression that it would be an in -bound ambulance
situation bringing a patient Mr. Crunk stated it is his understanding that under major
trauma situations if somebody gets picked up in an ambulance then they're taken
directly to the hospital. The care that they receive in the ambulance is similar quality to
what they receive at the ER. Typically, the ambulance traffic is that someone has gone
to the emergency room, this particular freestanding emergency room not realizing how
conditions may be, which then they need to get sent to the hospital, in which case
they're done so by ambulance.
422 October 22, 2019
Supervisor North then asked about lighting fixtures on the property with
Mr. Crunk advising they would abide by the County regulations and also shield the lights
from the neighboring properties.
Supervisor North then asked how they expect to address any damage that
might occur to neighbors during the construction process. Mr. Crunk responded that
under the law, they are responsible for whatever damage that may be done.
Supervisor North then asked Brian Blevins with the Virginia Department of
Transportation to come forward to answer any questions.
Supervisor North stated So far in the data that I've seen, it appears from
both VDOT data and County data that's been provided by the police department, that
there has been a reduced amount of accidents in the last 12 months compared to what
they were a year ago. Is that a fair statement? Mr. Blevins responded in the affirmative.
Supervisor North asked Mr. Blevins to comment on the advisory sign
going down Ruritan and has it been addressed. Mr. Blevins responded as part of the
Chick-fil-A, we had to do a design waiver for their entrance. They were required to place
a sign noting that there's an intersection approaching. It does have a 25 -mile -per -hour
advisory panel on it. It was leaning and blocked by trees. We have asked our sign crew
to go out and clear the trees and reset the sign. That should have been done already.
Supervisor North then inquired about the stop sign at Chick-fil-A? Have
you had a chance to reach back out with a plan on that? Mr. Blevins advised he has
not, and would be something we could discuss with the owner/operator about placing
something back there. I'd be happy to work with him on maybe some suggestions.
Supervisor North then asked Mr. Blevins comment regarding future
studies or plans on 460. Mr. Blevins advised they have a 460 corridor study that's
underway. We have a consultant on board. And there's an upcoming meeting I think on
the 21st, November 21st. The Berglund Center is where we're planning on having it.
Right now I think we're planning 4 to 7. Some of those plans are still a little tentative, but
there will be an announcement coming out soon about it with both a concrete time and
the location.
Chairman North opened the public hearing with the following citizens
speaking:
Terrance Durkin stated he is the vice president of Public Policy for the
Roanoke Regional Chamber of Commerce. Chamber CEO Joyce Waugh could not
make it today but wrote a letter in support that she would like me to read:
"Oh behalf of the Roanoke Regional Chamber of Commerce, I would like
to express our deep appreciation for the abundance of excellent healthcare options in
Virginia's Blue Ridge region. From outpatient, urgent, hospital, palliative, children's care,
emergent care and more, our region is blessed with for-profit and not-for-profit
healthcare choices. That LewisGale Medical Center is planning to expand with a
standalone emergency care facility in the Bonsack area on Challenger Avenue will
serve to add to those offerings the region already has and serve a population that may
October 22, 2019 423
not otherwise be as readily served. Please do not hesitate to let me know how I may be
of further assistance. I may be reached at 540-682-2101. Sincerely, Joyce Waugh."
Chris Craft of 1501 East Gate Avenue, NW stated "he was in attendance
as president of the Wildwood Civic League, which is the largest civic league in the City
of Roanoke. Turned 85 this year. We believe that this freestanding ER would be a great
thing for our part of town. There's nothing up there but one or two doctors' officers. We
need something in case something minor comes up—a broken, broken leg, something
close. As of next month, we're going to breaking ground on a brand new Ridgefield
retirement—well Ridgefield Living in the city. And this will be convenient for when they
have to bring people to an ER for something minor not major. It'll free up time for our
paramedics and emergency responders, which Mr. Jason Peters in one in the Town of
Vinton. We think this would be a great thing for this neighborhood. It's going to be a on
a great site. I'm not saying that the traffic is perfect. But if you can go somewhere in this
United States anywhere and find traffic that perfect for any situation, I'd like to know
where it's at. VDOT has done everything they can to make 460 safe. Combing their light
system with the city where it'll be an easier flow in and out of the city into the county and
so forth. So we, the Wildwood Civic League, ask that this be approved. And you also
got a letter, should have, from Richfield Living asking for this to be approved."
Max Beyer of 2402 Coachman Drive stated "After living in that area almost
35 years, participating in several zoning actions there, to include Chick-fil-A, I have
reached a conclusion that the citizens using the 460 corridor should resist further
economic development in that area until there is a realistic plan and adequate funding to
significantly improve the traffic flow and access along Challenger Avenue. I've been
appointed to the County's Economic Development Authority and recognize this position
harms the need and desire of county government to support its citizens through
enhancing economic development. However, economic development cannot be
successfully accomplished without adequate transportation infrastructure and
responsibility of this body and other local agencies and state and federal government. I
ask you how much more development along this corridor is going to be tolerated without
making traffic categorically insufferable and unsafe. We're getting close to that point,
and some believe that we are there. Now, many of you have participated in the local
meetings, planning meetings, and have a lot of people who are not here right now who
have testified to that fact. And I recognize what VDOT says, but people who live on the
ground differ in opinion. When is Roanoke County going to stand up and say this far
and no further? Specifically, when are we going to demand significant improvement
instead of cosmetic changes? When are we going to forbid, for example, interstate truck
traffic going through there? When is another lane going to be built or added? When is
the beltway around the NE county and east county going to be built? When is the
county going to recognize the seriousness of the problem and the certainty of further
deterioration going forward? Now many advocates of the petition claim that traffic will
not be sufficiently affected, that additional traffic is a drop in the bucket to our current
situation. They even cite—and you just now heard some VDOT studies and data, some
424 October 22, 2019
of which is out of date. Five years is too long because of the current condition of the
facility out there out there wasn't even begun five years ago. I remind you of the old
saying, the concept concerning that last piece of straw that breaks the camel's back. Is
this LewisGale project that last piece of straw? I ask the Board to consider this rezoning
petition in light of the unacceptable current transportation situation."
David Frady of 3926 Challenger Avenue stated "he thinks something that's
not being addressed is concerns of the citizens. At the last zoning meeting, it was 80
percent to 20 percent. Now this is a majority, and I would hope that you all would vote
with the majority and take into consideration what the citizens want not what big
business wants. They're after money, and the people that live there would like to have a
nice place to live without the noise. What we're being told about what's going to happen
is probably just 50 percent of what's really going to happen. Because it's going to be a
lot worse than what we're being told. In a few more years the county and LewisGale and
certainly the citizens will regret making this move if you all pass it, approve it."
Nancy Miller of 1717 Ashbury Ct. stated, "thank you for letting me speak.
My name is Nancy Miller. I live at 1717 Asbury Court, which is right off West Ruritan
Road. Now that the property at the corner of Challenger Avenue and West Ruritan has
been rezoned to accommodate to the LewisGale ER, I once more would like to make an
appeal that this project not be approved at this time. Again, the problem is the traffic and
not the ER per se. I know LewisGale is predicting that the ER will only produce 40 to 45
vehicles per day. But if you live on West Ruritan, that's 40 to 45 too many. I think it's
unconscionable to add any more traffic to this intersection as it would just be too much.
It's too much now. When you factor in the approximately 650 homes off West Ruritan,
the CVS, the extremely high volume of traffic from the Chick-fil-A, and cars making U-
turns all in front of this intersection, it's already like a three-ring circus out there. More
forethought should have been given into the planning before the Chick-fil-A was built,
but it did not. And now this will only compound matters and make it worse. She hopes
you will listen to the people who live on and off West Ruritan and the subdivisions who
have to use this intersection numerous times a day. But if you do not, please do more
than put just a right -turn lane into the ER. This is an opportunity to right a wrong when
Chick-fil-A was built when basically nothing was done to help the traffic flow at this
intersection. At the very least there should be no U-turns at this light in front of this
intersection. That way the people who are trying to turn right on red do not have to wait
until the line of traffic has turned either onto West Ruritan or made a U-turn. They will
know all these vehicles are turning onto West Ruritan and they can safely turn onto 460.
There is a U-turn available approximately 500 feet ahead at the light in front of the
Kroger, which is a much safer place for a U-turn as there is nothing but woods across
the street. This would keep traffic moving and help with the congestion from the people
leaving Chick-fil-A, along with the people who live on West Ruritan trying to get out.
Also, if the intersection was widened there could be a left -turn lane into the Chick-fil-A, a
right -turn lane into the ER, and a center lane going straight for the 650 or so homes
behind the ER and the Chick-fil-A. Again, with the idea of keeping traffic moving and not
October 22, 2019 425
bottlenecking up in front of that light. These two adjustments would make this
intersection easier to navigate. This would not only help all the parties involved, but I
believe it would make the 460/West Ruritan intersection safer. I think that we can use
an ER in this part of town; I just don't think without any improvements other than just a
right -turn lane off West Ruritan into the ER, that this is not the place for it. There are
numerous other sites available that don't have all the residential homes and congestion
that we do. If you're going to approve this project, which I hope you do not, please
consider these changes to improve the safety of this intersection and the lives of the
people who live off West Ruritan Road. When they bought their homes, they were not
anticipating this."
Ron Roop of 1431 West Ruritan Road, which borders the northern
boundary of the proposed ER facility. Mr. Roop provided a diagram to the Board. "The
diagram shows that actual situation I encountered at the intersection of Challenger
Avenue and West Ruritan Road during the lunch hour rush at Chick-fil-A. As we were
essentially trapped in front of the westbound Challenger Avenue traffic, I said to my
daughter who was with me, "I hope we don't become another statistic on VDOT's crash
diagram." Notice that we had the left turn on a green arrow. And the vehicle described
as the idiot had plenty of time to see us in the middle of the intersection before he
accelerated from a stopped position to block us out. As we slowly moved up West
Ruritan it was bumper to bumper from Challenger Avenue and all the way around
Chick-fil-A's parking lot, as shown on the diagram. Now with this diagram in hand,
please refer to page 458 in your agenda packet. To the real world, five o'clock rush
diagram that was submitted by Mr. Clark Kenny at the Planning Commission meeting.
It's virtually the same traffic scenario I encountered, except now with the ER facility in
operation and showing four different instances where emergency vehicles in what could
life -or -death situations will undoubtedly encounter at some point. Four different
situations. Who wants to take responsibility for this? You? LewisGale? And/or VDOT?
Back in 2014, we were assured that Chick-fil-A wouldn't have much of an impact on
West Ruritan traffic. And we were told that the County and Chick-fil-A were trying to
make a deal on splitting the cost of lowering West Ruritan Road to make the
southbound approach to the restaurant entrance safe. Residents who use West Ruritan
Road every day know what the restaurant's impact is. And several have found out the
hard way the impact of not lowering the road to make it safe. Before you allow a facility
who relies ten times a week on emergency inbound and outbound deliveries of lives in
the utmost timely fashion possible when seconds matter, get the funds and fix the traffic
problem now. Mr. Chairman, Board, Secretary. During the community meeting held on
September 16, 20197 1 asked what I think are relevant and appropriate proffers to
LewisGale's application for the proposed development of a standalone ER facility
directly adjacent to my southerly borderline and directly adjacent to the westerly
property line of an adjacent residence. There was no response from LewisGale or its
representative to my concerns at that time. In as much as you have a duty to protect
your citizen taxpayers and their property as part of the process of considering planned
426 October 22, 2019
developments, I subsequently requested our Planning commissioner to request written
answers to my requested proffers as well as other proffers residents asked about since
the community meeting. He only asked about the ambulance noise during the meeting,
and it was unknown if he subsequently provided a hard copy of the requested proffers
to LewisGale. During a conference call from Chairman North, Phillip Thompson, and the
Country attorney last week, they said LewisGale would be contacted by them in an
effort to obtain LewisGale's yes or no answers to my request. I requested their response
to be in writing or email for the record by no later than 12:00 noon today. Chairman
North said I may get a call from LewisGale, to which I replied that would be okay. As of
1:49 p.m. today, I have not received any response and have other commitments which
will put me out of touch with incoming calls or email. Restating my request and due to
the three -minute -comments rule, I hereby request my supervisor to ask LewisGale in
the public meeting on my behalf in my words, not the County's, will you proffer too the
rest of those proffers."
Shabo Karkenny of 1635 West Ruritan Road stated "First, it has been
apparent to my neighbors and my family that our own county government doesn't listen
to us homeowners. [Pause with silence.] That silence that I just gave you a taste of is
what we believe you hear of our concerns. There's a lot of information that goes back
and forth with these meetings, and seems like ours are swept away because the
business is more important to the County and the income that it supposedly generates
to our tax payments. It's not easy to make those semi-annual tax payments, especially
when you get to retirement age. Seems like our valid concerns at the Planning
Commission hearing were downplayed and used for answers against our own ideas.
But dubious ideas such as the lot that's mentioned here was sought after because it is
on the right-hand side, it would be easier for westbound customers to access easier. As
if it makes any difference at a traffic signal. What disadvantage would they have at the
lot across 460 next to CVS that is properly zoned for larger businesses that would have
a leading green for those customers indicated and easier for westbound customers as
they would have a right -turn signal that's already there? Also further away from
residences and appropriate zoning. The idea that a large facility with commercial
vehicles as the main mode of transportation for their customers is comparable to a
doctor's office, which is the closest business allowed in this zone, is laughable. Some of
your minds may already be made up in favor of large business in zoning set aside for
small business. We have heard because the Chick-fil-A, which has gone through and
we're living with, was allowed even though it did not belong in this zoning and that
LewisGale should have no trouble getting approval. Chick-fil-A had no business being
allowed. This travesty of justice is supposedly the justification that to allow any large
business to occupy next door to an established residential neighborhood. I've been
living in this neighborhood for 30 years. I bought the house that's going to be directly
across the street from this proposed facility. My son was supposed to live there. He
doesn't want to live there anymore. We ended up renting the home. The letter that I just
passed to you was from our tenant that's moving after three years living. They just can't
October 22, 2019 427
take the grease smell anymore from the restaurant that's only 75 feet away from their
bedroom window. Now that's not justice. The traffic also was a major concern for them,
and that's in the letter, if you take the time to read it. It's already bad enough. And any of
the people that I've had come to look at the property immediately the number one issue
was the traffic. And I've been asked about the hospital outpatient, and there was not
any positive response. Something that I wanted to mention was that I wonder way in
2006 these parcels were made to go Transitional for small business, for light
commercial. Because I think they wouldn't have stood to the scrutiny of putting larger
businesses in these lots altogether throughout that span. The businesses are being
allowed, as we're seeing here, one at a time. And I think this goes against the
Transitional zoning that was passed. If it as going to be large businesses in that area,
that should have been thought of in 2006, but it wasn't. So now it's being brought up as
piecemeal, one at a time until that whole development, which borders residences, are
going to be consumed. And mostly larger businesses are the only ones that are going to
be able to afford them. They're on a higher hillside, and smaller businesses are not
going to be able to afford to buy these properties and develop them. So what do we see
coming in the future? I don't want to add more; I know I'm running over in time. But my
last question for the Board to ponder. Why do citizens waste our time to come speak
that we almost assuredly know that the County is going to favor businesses to the
residents' concerns? And I really wish that would be something that you'd take away
from what I'm saying. And I appreciate your time."
Chairman North closed the public hearing.
Chairman North inquired if the petitioner wishes to respond to any
comments, especially Mr. Roop's? Adam? I think what Mr. Roop would like to know,
and I'd like to know too, and I'm sure Mr. Lubeck and Mr. Thompson would like to know,
is we sent over some communications to be replied to and we never got an answer on
Thursday after we talked to Mr. Roop. In the world he came from, a reply is usually a
courtesy, and thinks we tried to touch on some, and I asked you questions about others.
Can you go ahead and, in fact, let me just ask you this. Why don't you take a copy of
this that I have, because that's what Mr. Roop gave to us; if you don't have a copy of
what we sent to you, I'll be glad to give that to you as well. We reduced what Mr. Roop
said into a different fashion and grouped them by topics. Do you remember getting an
email from us through Mr. Layman?
Mr. Crunck responded that he did receive an email on either Thursday or
Friday and would be happy to address each one of these.
Supervisor North commented he thinks it would be a good idea. People
like to be heard and at least get an answer. It may not be the answer they're looking for,
but at least give an answer would be appreciated. And if you can't find that email, I have
a copy here that was sent from Mr. Thompson to Mr. Layman. Some of the questions I
tried to ask when you were up here. That's really a substitute document for Mr. Roop
had because we tried to put it in different groupings to make it easier to reply to.
428 October 22, 2019
Mr. Crunk stated in the email from Mr. Thompson it was asked that we
provide written answers. But if not, be prepared to address the concerns at the public
hearing, which we certainly are. With that, let's see. The letter here from Mr. Roop,
stated my request with proffers to adhere to plan to circumvent airborne pollution,
audible pollution, visible pollution during construction. I mean certainly to the greatest
extent possible. The fact of the matter is construction does cause noise, it will raise
dust. We have to abide by Virginia state standards when it comes to erosion sediment
pollution. Obviously light and then maintaining hours that are set forth by the County to
build we'll certainly do. Let's see. Not permitting circumstances, excavation contractors
for heavy machinery, ground vibrations. As I mentioned, jack -hammering will certainly
be noisy, but not be causing vibrations for rock on nearby properties, in our opinion.
With regard to noise barriers there certainly will be construction fencing around the site.
But specific noise barriers, we don't plan to install. Regarding the back-up generators,
as we discussed before, the run times are generally short and very infrequent. Low -
intensity directional lighting, yes as we discussed.
Supervisor North responded to a question from the audience by advising
that they do not have the floor.
Mr. Crunk stated in terms of the generator, in as much as you plan to
install an emergency back-up generator or generators, will you ensure appropriate
means or employ to circumvent any and all introduction of electrical noise, spikes,
droops, and all other interference to the electrical utility distribution grid when the
generation starts, during the runtime and when the generators cut out? To my
knowledge these generators, these pieces of equipment typically don't cause those sort
of spikes or shocks or anything of that nature. I'm not entirely familiar with what that's
referring to. "Will you instruct your ambulance drivers and all pertinent emergency
vehicles services as a normal operating procedure and to the extent possible limit the
use of sirens from 9 p.m. until 6 a.m. from the intersection of Challenger Avenue, the
proposed entrance to of the facility, and from proposes exits to Challenger Avenue?" I
believe it was brought up in the Planning Commission that the service providers for
these ambulances are generally either County or private services. We don't have direct
control over when those sirens turn on or off. But as a general rule, typically they would
start or stop sirens approximately 300 feet beyond the boundary of the site, which is this
case should be limited to the intersection or just beyond it. "Will you adequately
compensate residential property owner bordering your property, the easterly
boundaries, mostly for losses and value of their properties due to having a commercial
enterprise such as essentials in their backyard?" I think it would be speculation to say
that property values would go up or down. But no, we would not plan on compensating
neighbors for that. "Will you specify that emergency backup generators have
appropriate exhaust filters to eliminate air pollution from fuel spent?" Yes. My
understanding is these generators do. They are diesel -fuel operated, but they exhaust,
of course. "Will you accept responsibility for damage that may occur to adjacent
property owners' wells?" As I mentioned before, any damage that would be caused that
October 22, 2019 429
can be proven as part of our work we'll certainly be responsible for. Similar to the septic
tanks, as mentioned here. The final comment regarding VDOT consideration to
taxpaying residential citizens in the vicinity. I'm not sure that this is really one that I can
address. Mr. Crunk advised that he has answered all the other questions.
Chairman North then inquired of Mr. Roop if he answered all of his
questions with a yes or no. Mr. Roop responded, well he has no standing as far as
making a commitment or anything. Chairman North then asked but did he answer your
questions. Mr. Roop responded, some of them, yes.
Chairman North then asked is there any part that you're not comfortable
with that he answered. Mr. Roop responded what I asked was is LewisGale willing to
proffer these conditions. So what I'd like to know from LewisGale is it a yes or a no
answer to each on and are they proffered or no they're not.
Mr. Crunk responded he is authorized to answer this question and the
answer is no. No, we don't see that these conditions are really necessary to proffer.
Chairman North advised they fall under normal guidelines and rules and
regulations that have to be followed by the County, which Mr. Crunk responded in the
affirmative.
Chairman North then inquired if the generator could be move with Mr.
Crunk responding yes, it can be. Yes, we will move the generator.
Supervisor Hooker advised the Chairman if he would ask audience
members to add you instead of the petitioner because it's out of order. Chairman North
then advised Mr. Roop if any more questions, you need to come to the mike and
address me. If you have any more questions or comments you need to come on up.
Supervisor Hooker reiterated that the public comments have been closed.
Mr. Roop asked regarding the wells and the septic tanks, he wanted to
know if they are willing to pay to fix those if the wells gave in or the septic tanks get
cracked due to their construction.
Chairman North inquired if there was anyone here from LewisGale that
can speak to that?
Mr. Lance Jones stated he is the CEO of LewisGale Medical Center. I
think as Adam has outlined in regard to the destruction or damage that may be caused
to an individual's property, we would certainly follow the requirements from the state
code in regards to repair.
Supervisor Radford then inquired doesn't it need to be a proffered
condition. It's part of the responsibility of the owner. So we don't need to make that
proffer and asked Mr. Lubeck, County Attorney to respond.
Mr. Lubeck replied Mr. Chairman and Mr. Radford that is correct. I think
the Board at this time would need to presume that the property would be developed in a
lawful manner and that if property was damaged in the process, the Code of Virginia
provides that they would need to. If causation was proved, as was stated by the
applicant, of course they would need to compensate for that. And I would caution the
430 October 22, 2019
Board as well that the County cannot ask for proffers at this point in time. If they are
voluntarily offered by the applicant, we could determine whether to accept them. But we
At 8:07 p.m., the Board took a five-minute break and was back in session
at 8:13 p.m.
Chairman North asked if there any further questions from anybody on the
Board. If not, I'm going to make a few comments.
Supervisor Peters inquired if Chairman North was going to make a motion,
with Chairman North responded that he is not going to make a motion.
Supervisor Peters stated he is not ready to make a motion either. The
question that he would like to ask of Mr. Blevins (VDOT), as someone who travels the
corridor a lot and someone who's been involved in the fire -and -rescue side of the
County, why do we allow U-turns at that intersection? Mr. Blevins responded because
there's appropriate sight distance; there's appropriate room to make that turn; and we
try to provide locations for U-turns as many places as we can. There have no crashes
there to make us believe that it's an unsafe maneuver, and they have plenty of sight
distance and room to make that turn. Supervisor Peters added even through there is
one 500 feet down the road? Mr. Blevins responded in the affirmative.
Supervisor Radford stated he was there earlier this week (Chairman North
responded on Friday). He actually met the owner/operator of Chick-fil-A. His comment
was about the sequencing of the right-hand turn onto West Ruritan, and there's a left-
hand turn coming off of 460. The sequence is that the one that's turning right, the one
turning onto West Ruritan has a solid green and if the one turning right—so he was
wondering if any sequencing could be done with those lights to prevent that. And I don't
know if we have any crash data to that. But he says he sees a lot of people have near
misses when they're trying to turn left. Mr. Blevins responded he does not know exactly
what's happening. I'll have to do a little research. But the only time that right -turn lane
should have a green arrow is whenever they have the right of way. Which means that
the left turn from eastbound 460 should be a flashing yellow arrow. At that situation,
everything coming from the opposition direction has the right of way, including that right -
turn lane. If you're sitting in the left -turn lane with a flashing yellow arrow, you yield to
everybody, not just the right turns. So if that's what's happening, then the person
making the left in front of that right -turner, they're actually the one that's actually
violating the right of way. I can look into it just to make sure that's what's happening. By
the description, that sounds like what's going on. Supervisor Radford asked Mr. North
since he was with him is that what he is talking about. Chairman North responded in
the affirmative stating Mr. Radford is correct; He was there. He has been with the Chick-
fil-A owners. It's an intense intersection. It's intense with regards to traffic on Ruritan,
which is about 1100 cars a day, not to mention the traffic that flows through that
intersection. I personally don't like the flashing yellow; I told you that. And I'm not going
to get into it. I'll speak to that in some of my comments in a few minutes. I think there
are exceptions to every rule. And I certainly think that no U-turn is in order. While I'm not
a traffic engineer, if I had to make the decision, I would say no U-turn because you have
October 22, 2019 431
one right down there at Kroger where there is no oncoming traffic that you'd have to
compete with. In fact, I make the U-turn down there all the time to go into the shopping
center. But if someone needed to make a U-turn in the other direction it would be, I
think, safer. There are some tentative moments at that intersection is all I'm saying.
Supervisor Peters stated he sits on the other side of that. He is actually
very much in favor of the flashing yellows, but I'm not at that intersection; he does
believe there is an exception to the rule. He thinks in many cases where there is sight
distance, I think it is a good thing. But this is one of those intersections I don't think it is
proper to have that there. With the oncoming traffic, someone drops into that lane to
turn onto West Ruritan, you might not be able to see them that well until you get across
there; then they slow down and there we get some of our issues at the intersection.
Supervisor North inquired if anyone else has any questions for Mr.
Blevins? If now, I'm going to go ahead and make a few comments, unless someone
else has any final comments to make. "This has been a difficult subject for me. I can
remember when it first came up I thought gee, that's a good thing to have. If I'm having
a coronary, I sure would like to be taken someplace closer than downtown. And many
other people have contacted me at church and the community, have come up to me
when I've been out having coffee and said that they support the use that was intended
in this application. Now I've listened to a lot of the homeowners tonight, at the
community meeting, and also went back and listened to the entire Planning Commission
because I was at another event that night. But I listened to it, and I'll share those
comments with you in a moment. The no -blasting proffer was a huge step, and I'm glad
to see that LewisGale did that. The Certificate of Public Need I learned was
conditionally approved on the 3rd of September. Didn't know that at community meeting
at Bonsack School. Learned that I think after the Planning Commission meeting after I
persisted for an answer. This is a health benefit for this community that will save lives
and help people in need of medical support. Many citizens support this. One citizen said
to me this morning that the presence of this emergency room on 460 could be used as a
leverage to improve part of 460's traffic flow through this area. I found that to be very
interesting. And that came from a very smart person. The ER is the least evasive use of
this property. Let me elaborate on that. Less traffic volume than any other potential use
involved. If this had been a coffee shop or a Starbucks or a Chipotle, which has been
rumored to go in there, or anything else intense, whether it be a restaurant similar to the
one across the street, I would have probably shook my head and said absolutely not.
The proffer for no blasting has softened many of the objections of Mr. Roop and other
citizens. That's good. I think they've committed to move the generator closer to 460.
And I'm pleased that the traffic study required a right -turn lane back when the traffic
study was done and submitted to VDOT. If the Board were to approve this rezoning, this
project would then require additional reviews and permits, including reviews of the site
plan, the building, and stormwater erosion and sediment control. And the Board should
presume that if this site is developed as proposed, it will be so lawfully and in a manner
that should not have adverse effects or impacts on adjoining landowners. Staff further
432 October 22, 2019
advises me, in conclusion, there is no such thing as absolute certainty where
subsurface conditions are concerned. However, we do not see anything in the
information provided to us that causes us to believe that there is an appreciable risk to
the adjoining property from development due to subsurface conditions. Staff further
goes on to state when the final design plans are submitted for permitting, we will
perform a detailed review for conformance with the erosion and sediment regulations,
stormwater management regulations, building code, retaining well, and zoning
requirements. Also, it was mentioned tonight, and I've also heard about the 2005
County Comprehensive that envisioned this property as a Transition district for lower
commercial use. I'll have some comments on that in just a moment at the end of my
brief words. Recent speed boards set up on West Ruritan Road showed excellent
compliance both eastbound and westbound. Average speeds were 32.87 miles
eastbound, and average speeds were 35.07 miles southbound. As far as traffic
accidents on 460 and West Ruritan, there have been ten since the last recording period
or nine less than the previous recording period according to County records. This is
good. VDOT's 460 plan will address the problems and challenges. When I went back
and listened to the Planning Commission tape, the overarching concerns are evident at
the Planning Commission's meeting October 1st—that is 460 and traffic. Not just at
West Ruritan, but all the way up and down that corridor. It's something we heard about
tonight. And my conclusion is that's where we need to focus some efforts. Citizens are
concerned that live in my neighborhood; they're concerned in other areas of West
Ruritan and 460; and we need to address those. Many of those people are favor of the
emergency room, but they speak out about 460. On October 8th, 9th, and 21st, I asked
VDOT in numerous meetings to review the intersection that we spoke about tonight for
no U-turns and light sequencing. And also I requested a stop sign be reinstalled at
Chick-fil-A. If it gets knocked, well, do what my neighbors do—put the mailbox back up.
Keep Lowes in business; go buy extra mailboxes. Mr. Blevins touched on, and he will
repeat, Route 460/Orange Avenue/Challenger Avenue Corridor Improvement Study is
undergoing right now with an engineer firm out of Blacksburg to complete the study. The
scope of the study is from Route 11/Williamson Road to Route 220 Alternate/Cloverdale
Road. It encompasses the city and the county. The purpose is to study the operational
and safety conditions and propose improvements that can be incorporated into VDOT's
Six -Year Improvement Plan. City and County staff have made it clear that we anticipate
submitted 2020 Smart Scale projects to the State of Virginia based upon the results
necessitating at least preliminary deliverables by March 2020. We are discussing using
a variety of community engagement methods to include a digital survey and community
meetings as part of this study. In addition, Roanoke County 460 Corridor Study,
proposed to begin in fiscal year 2021, at the conclusion of and building upon the VDOT
study. Tasks would include a land -use analysis and proposed road network changes to
serve properties abutting and in the vicinity of Challenger Avenue, Route 460, between
the city of Roanoke and Botetourt County. It is 460 and the traffic. There is no mistake
about it. Citizens are concerned. I am concerned. We must focus our energies and our
October 22, 2019 433
efforts upon 460 with VDOT and state representatives. Yours truly, me, and Roanoke
City councilmember Bill Bestpitch, as well as Pete Peters from the town of Vinton, will
be speaking at the VDOT Commonwealth Transportation Board, a public hearing on
October 30 at the Holiday Inn Express here in Roanoke behind WDBJ 7 in the Blue
Ridge Conference Center at four o'clock. He would suggest citizens in the meantime
write about your concerns about 460, perhaps maybe even get up a petition, doing it the
right way, on 460 improvements, and send it to state delegates and senators on the
state level, which include yours representative in the House of Delegates, Chris Head;
your state Senators Edwards, Newman, and Suetterlein. In addition, a public hearing
on 460 is also set for the county targeted for November 21st. there will be more on that,
as Mr. Blevins mentioned. He would say that after this emergency room consideration
and vote tonight we be cautious about any further economic development until we meet
with VDOT and citizens at community meetings about 460 and improvements. You have
my full support that I will help in any way can to raise the issue of 460 to our state
delegates and senators, as well as speak before VDOT and Commonwealth
Transportation Board. In the last two iterations of 2016 and 2018 there was no approval
to do anything on 460 in the city and/or county. This is the third time that we're going to
try and we must continue because a squeaky wheel gets the grease. And we must do
so as a community. And we must not rely on one person; we must rely on everybody's
input. And so our energies from this meeting tonight should go forward in addressing
460 because it's not going to happen overnight. It's going to take everybody pitching in
and getting their opinions out. And it's going to take time. And it's going take money too.
The last iteration would have cost 77 million dollars from Orange Avenue to
[unintelligible] to address widening that road. That cost went up about 21 million dollars
in two years. It's not going to be cheap. One idea I had was why don't you use a third
lane that works inbound in the morning, close it during the rest of the day, and open it
up in the evening coming back from downtown to get the traffic in and out much quicker.
We must borrow technology that has been used in Charlottesville and Northern Virginia.
And we must remember to remind our state delegates and our senators that we, too,
have traffic concerns in Southwest Virginia, and in Roanoke in particular.
ORDINANCE 102819-2 REZONING APPROXIMATELY 1.44 ACRES
FROM R-1, LOW DENSITY RESIDENTIAL, TO C-1, LOW INTENSITY
COMMERCIAL DISTRICT, FOR A MEDICAL OFFICE, FREE-STANDING
EMERGENCY ROOM, LOCATED AT 1423 WEST RURITAN ROAD
(TAX MAP NO. 050.05-01-06.00-0000), IN THE HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, upon the petition of Lewis Gale Medical Center, as contract
purchaser of the property at issue, to rezone approximately 1.44 acres from R-1 (Low
Density Residential) to C-1 (Low Intensity Commercial) with proffered conditions,
located at 1423 West Ruritan Road to develop a medical office, free-standing
emergency room, for medical use; and
434 October 22, 2019
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on October 1, 2019; and
WHEREAS, the Planning Commission recommended approval of the petition;
and
WHEREAS, the first reading of this ordinance was held on September 24, 20197
and the second reading and public hearing were held on October 22, 2019; 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 .
ollows:
1. The Board approves the rezoning requested by petition of Lewis Gale Medical
Center to rezone the parcel located at 1423 West Ruritan Road, Tax Map No.
050.05-01-06.00-0000), IN THE HOLLINS MAGISTERIAL DISTRICT from R-
1 to C-1 for construction of a 9,410 square foot office building for medical use.
2. The Board accepts the voluntary proffered conditions offered by the petitioner
as:
a. The site shall be developed in substantial conformance with the Lewis-
Gale FSED Rezoning Concept Plan prepared by Crunk Engineering, LLC
and dated August 9, 2019, subject to any changes required by the County
of Roanoke during the site plan review process.
b. The building shall be developed in substantial conformance with the
architectural rendering for the Lewis-Gale Freestanding Emergency Room
filed with the application subject to any changes required by the County of
Roanoke during the building plan review process.
c. The applicant shall have an agreement with a private ambulance company
to provide transportation for patients of the facility who require transfer to a
hospital when the free-standing emergency facility is open to the public
and operating.
d. No blasting will be conducted on the property during the excavation,
grading and preparation of the site and the construction of the building and
other improvements.
3. The Board further finds that the proffered conditions:
a. Have a reasonable relation to the rezoning;
b. Are in conformity with the comprehensive plan;
c. Are clearly understood and enforceable; and
d. Do not require or allow a design or standards that are less restrictive than
are now covered under the County's current development regulations.
4. The Board finds that the proposed rezoning is consistent with the purpose
and intent of the County's Comprehensive Plan and good zoning practice,
and will not be a substantial detriment to the community.
October 22, 2019 435
A
5. This ordinance shall be in full force and effect thirty (30) days after its final
passage. The Zoning Administrator is directed to amend the zoning district
map to reflect the change in zoning classification authorized by this
ordinance.
On motion of Supervisor Assaid to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Assaid gave salutations to Ruth Ellen Kuhnel; if she is
listening.
IN RE: ADJOURNMENT
Chairman North adjourned the meeting at 8:29 p.m.
Sub tted by: Approved by:
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Deb.rah C. Ja ks it C. North
Chief Deputy Cler • the Board Chairman
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436 October 22, 2019
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