HomeMy WebLinkAbout11/19/2019 - Regular
November 19, 2019
453
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the third Tuesday and the second
regularly scheduled meeting of the month of November 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 3:00 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: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of Bane International Company, LLC to obtain a
Special Use Permit in a AG-3, Agricultural/Rural Preserve, District
to operate a campground on approximately 48.06 acres, located at
2745 Loch Haven Lake Drive, Catawba Magisterial District
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454
Supervisor Hooker’s motion to approve the first reading and set the
second reading for December 17, 2019, was seconded by Supervisor Peters and
approved by the following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance approving a lease with AMC Investors, Inc. for
placement of County Communications and Information
Technology infrastructure(Bill Hunter, Director of
Communications and Information Technology)
Mr. Hunter outlined the request for ordinance. There was no discussion.
Supervisor Peters’ motion to approve the first reading and set the second
reading for December 17, 2019, was seconded by Supervisor Hooker and approved by
the following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
2. Ordinance approving the purchase of 30 Chestnut Ridge Road
(Tax Map Number 080.00-05-19.02-0000) from Elizabeth Austin
Talbott and authorizing the execution of a Contract of Purchase,
Vinton Magisterial District (Doug Blount, Director of Parks,
Recreation and Tourism)
Mr. Blount outlined the request for ordinance. There was no discussion.
Supervisor Peters’ motion to approve the first reading and set the second
reading for December 17, 2019, was seconded by Supervisor Hooker and approved by
the following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: No
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IN RE: SECOND READING OF ORDINANCES
1. Ordinance authorizing the granting of a new variable width dam
and stormwater maintenance easement to the Board of
Supervisors of Roanoke County, on property owned by the
Roanoke County Public School Board, located at 500 Titan Trail,
in the Windsor Hills Magisterial District, and authorizing a
Memorandum of Understanding for the Hidden Valley Regional
Stormwater Maintenance Facility, between the Roanoke County
Public School Board and the Roanoke County Board of
Supervisors (Tarek Moneir, Acting Director of Development
Services)
Mr., Moneir advised there were no changes since the first reading. There
was no discussion.
ORDINANCE 111919-1 AUTHORIZING THE GRANTING OF A
NEW VARIABLE WIDTH DAM AND STORMWATER
MAINTENANCE EASEMENT TO THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY, ON PROPERTY
OWNED BY THE ROANOKE COUNTY PUBLIC SCHOOL
BOARD, LOCATED AT 500 TITAN TRAIL (TAX MAP NOS.
76.20-06-16.00-0000; 86.07-01-01.00-0000; 86.08-04-33.00-0000),
IN THE WINDSOR HILLS MAGISTERIAL DISTRICT
AND
AUTHORIZING A MEMORANDUM OF UNDERSTANDING, FOR
THE HIDDEN VALLEY REGIONAL STORMWATER
MANAGEMENT FACILITY, BETWEEN ROANOKE COUNTY
PUBLIC SCHOOL BOARD AND THE ROANOKE COUNTY
BOARD OF SUPERVISORS
WHEREAS, in 2002, pursuant to the Roanoke Valley Regional Storm Water
Management Master Plan, and with the Roanoke County Public Schools’ permission,
the County constructed a regional storm water management facility (the “Regional
Facility”), which is located on the property of Hidden Valley High School at 500 Titan
Trail, Roanoke, VA 24018; and
WHEREAS, the Regional Facility includes a dam that is regulated by the Virginia
Department of Conservation and Recreation, Division of Dam Safety and Floodplain
Management; and
WHEREAS, since its construction of the Regional Facility, the County, with the
Public Schools’ permission, has inspected and maintained the Regional Facility; and
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WHEREAS, the County is presently willing to continue to inspect and assist the
Public Schools in maintaining the Regional Facility, and the School Board desires for
the County to continue to do so; and
WHEREAS, the School Board and the County have agreed that the School
Board should convey an easement to the County to enable the County to continue to
perform such inspections and maintenance; and
WHEREAS, the first reading of this ordinance was held on November 6, 2019,
and the second reading was held on November 19, 2019.
BE IT ORDAINED
by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the receipt of a new variable width dam and stormwater maintenance
easement on property located at 500 Titan Trail (Tax Map Nos. 76.20-06-
16.00-0000; 86.07-01-01.00-0000; 86.08-04-33.00-0000), in the Windsor Hills
Magisterial District, from the Roanoke County Public School Board, is hereby
authorized and approved.
2. That the County Administrator, or any Assistant County Administrator, either
of whom may act, are authorized to execute, deliver and record the deed and
a memorandum of understanding that sets forth the County’s and the School
Board’s responsibilities, and any other documents on behalf of the County,
and to take all such further action as any of them may deem necessary or
desirable in connection with this project.
3. That this ordinance shall be in full force and effect upon its final passage.
On motion of Supervisor Radford to adopt the ordinance, seconded by
Supervisor North and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
2. Ordinance approving a greenway easement to Roanoke County
on property owned by Mattie Oliver Bower (Tax Map No. 36.00-01-
03-0000) for the purpose of the Hinchee Trail (Doug Blount,
Director of Parks, Recreation and Tourism)
Mr. Blount advised no changes since first reading. There was no
discussion.
ORDINANCE 111919-2 APPROVING A GREENWAY EASEMENT
TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
ON PROPERTY OWNED BY MATTIE OLIVER BOWER (TAX
MAP NO. 036.00-01-03.00-0000) FOR PURPOSE OF THE
HINCHEE TRAIL
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WHEREAS, the Hinchee Trail is an identified project in the 2018 update to the
Roanoke Valley Greenway Plan as a recreational connection between the Hanging
Rock Battlefield Trail and Carvins Cove Natural Reserve; and
WHEREAS, Mattie Oliver Bower has agreed to provide a fifty foot (50’) wide
greenway easement for the Hinchee Trail over a portion of her property located at 1904
Timberview Road, Tax Map No. 036.00-01-03.00-0000, in exchange for $1,065; and
WHEREAS, the approval of this easement is the final step in completing the
grant process for the Hinchee Trail project; and
WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the
Virginia Land Conservation Fund (VLCF) grant in the amount of $532.50; and
WHEREAS, the remaining $532.50 is available through the Roanoke County
matching funds in the grant project account; and
WHEREAS, Section 18.04 of the Roanoke County Charter requires that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading for this ordinance was held on November 6, 2019. The second reading of
this ordinance was held on November 19, 2019.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The conveyance of an easement to the Roanoke County Board of Supervisors from
Mattie Oliver Bower in exchange for $1,065 across property situated along 1904
Timberview Road, in Roanoke County, Virginia (Catawba Magisterial District),
bearing Tax Map No. 036.00-01-03.00-0000 is hereby approved.
2. Per the agreement of the parties, Roanoke County will be responsible for
maintenance of the greenway easement.
3. The County Administrator, or any Assistant County Administrator, is hereby
authorized, on behalf of the County, to execute and then deliver the Deed of
Easement and any other necessary documents in furtherance of same.
On motion of Supervisor Peters to adopt the Hooker, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
4. Ordinance approving a greenway easement to Roanoke County
on property owned by David L. Kinsey and Frank C. Kinsey (Tax
Map No. 025.00-01-08.00-0000) for purpose of the Hinchee Trail
(Doug Blount, Director of Parks, Recreation and Tourism)
Mr. Blount advised no changes since the first reading. There was no
discussion
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ORDINANCE 111919-3 APPROVING A GREENWAY EASEMENT
TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
ON PROPERTY OWNED BY DAVID L. KINSEY AND FRANK C.
KINSEY (TAX MAP NO. 025.00-01-08.00-0000) FOR PURPOSE
OF THE HINCHEE TRAIL
WHEREAS, the Hinchee Trail is identified project in the 2018 update to the
Roanoke Valley Greenway Plan as a recreational connection between the Hanging
Rock Battlefield Trail and Carvins Cove Natural Reserve; and
WHEREAS, the Kinsey family has agreed to provide a fifty foot (50’) wide
greenway easement for the Hinchee Trail over a portion of their property located at 0
Timberview Road, Tax Map No. 025.00-01-08.00-0000, in exchange for $2,900; and
WHEREAS, the approval of this easement is the final step in completing the
grant process for the Hinchee Trail project; and
WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the
Virginia Land Conservation Fund (VLCF) grant in the amount of $1,450; and
WHEREAS, the remaining $1,450.00 is available through the Roanoke County
matching funds in the grant project account; and
WHEREAS, Section 18.04 of the Roanoke County Charter requires that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading for this ordinance was held on November 6, 2019. The second reading of
this ordinance was held on November 19, 2019.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The conveyance of an easement to the Roanoke County Board of Supervisors from
David L. Kinsey and Frank C. Kinsey in exchange for $2,900 across property situated
along 0 Timberview Road, in Roanoke County, Virginia (Catawba Magisterial District),
bearing Tax Map No. 025.00-01-08.00-0000 is hereby approved.
2. Per the agreement of the parties, Roanoke County will be responsible for the
maintenance of trail through the easement, and the Kinsey family will still have
access to their property through the Hinchee Trail by vehicle if needed.
3. The County Administrator, or any Assistant County Administrator, is hereby
authorized, on behalf of the County, to execute and then deliver the Memorandum of
Understanding and any other necessary documents in furtherance of same.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
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4. Ordinance approving a greenway easement to Roanoke County
on property owned by Ms. Garnette A. Stewart (Tax Map No.
036.00-01-02.00-0000) for the purpose of the Hinchee Trail (Doug
Blount, Director of Parks, Recreation and Tourism)
Mr. Blount advised no changes since the first reading. There was no
discussion.
ORDINANCE 111919-4 APPROVING A GREENWAY EASEMENT
TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
ON PROPERTY OWNED BY GARNETTE A. STEWART (ALSO
KNOWN OF RECORD AS GARNETTE ANN LAYNE ROSS) (TAX
MAP NO. 036.00-01-04.02-0000) FOR PURPOSE OF THE
HINCHEE TRAIL
WHEREAS, the Hinchee Trail is an identified project in the 2018 update to the
Roanoke Valley Greenway Plan as a recreational connection between the Hanging
Rock Battlefield Trail and Carvins Cove Natural Reserve; and
WHEREAS, Garnette A. Stewart has agreed to provide a fifty foot (50’) wide
greenway easement for the Hinchee Trail over a portion of her property located at 1975
Virginia Deer Road, Tax Map No. 036.00-01-04.02-0000, in exchange for $7,400; and
WHEREAS, the approval of this easement is the final step in completing the
grant process for the Hinchee Trail project; and
WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the
Virginia Land Conservation Fund (VLCF) grant in the amount of $3,700; and
WHEREAS, the remaining $3,700 is available through the Roanoke County
matching funds in the grant project account; and
WHEREAS, Section 18.04 of the Roanoke County Charter requires that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading for this ordinance was held on November 6, 2019. The second reading of
this ordinance was held on November 19, 2019.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The conveyance of an easement to the Roanoke County Board of
Supervisors from Garnette A. Stewart in exchange for $7,400 across property
situated along 1975 Virginia Deer Road, in Roanoke County, Virginia
(Catawba Magisterial District), bearing Tax Map No. 036.00-01-04.02-0000 is
hereby approved.
2. Per the agreement of the parties, Roanoke County will be responsible for the
maintenance of trail through the easement, and Roanoke County will further
be responsible for the snow removal on the greenway easement and the
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property’s driveway during the life of Ms. Stewart and her daughter Rebecca
R. Tran.
3. The County Administrator, or any Assistant County Administrator, is hereby
authorized, on behalf of the County, to execute and then deliver the Deed of
Easement and any other necessary documents in furtherance of same.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
5. Ordinance approving a greenway easement to Roanoke County
on property owned by Tu Anh and Rebecca R. Tran (Tax Map No.
036.00-01-04.01-0000 and 036.00-01-04.00-0000) for the purpose of
the Hinchee Trail (Doug Blount, Director of Parks, Recreation and
Tourism)
Mr. Blount advised there were no changes since the first reading. There
was no discussion.
ORDINANCE 111919-5 APPROVING A GREENWAY EASEMENT
TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
ON PROPERTY OWNED BY TU ANH AND REBECCA R. TRAN
(TAX MAP NOS. 036.00-01-04.01-0000 AND 036.00-01-04.00-
0000) FOR PURPOSE OF THE HINCHEE TRAIL
WHEREAS, the Hinchee Trail is an identified project in the 2018 update to the
Roanoke Valley Greenway Plan as a recreational connection between the Hanging
Rock Battlefield Trail and Carvins Cove Natural Reserve; and
WHEREAS, the Tran family has agreed to provide a fifty foot (50’) wide
greenway easement for the Hinchee Trail over a portion of their property located at 0
Virginia Deer Road, Tax Map Nos. 036.00-01-04.01-0000 and 036.00-01-04.00-0000, in
exchange for $1,900; and
WHEREAS, the approval of this easement is the final step in completing the
grant process for the Hinchee Trail project; and
WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the
Virginia Land Conservation Fund (VLCF) grant in the amount of $950; and
WHEREAS, the remaining $950 is available through the Roanoke County
matching funds in the grant project account; and
WHEREAS, Section 18.04 of the Roanoke County Charter requires that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
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461
first reading for this ordinance was held on November 6, 2019. The second reading of
this ordinance was held on November 19, 2019.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The conveyance of an easement to the Roanoke County Board of Supervisors
from Tu Anh and Rebecca R. Tran in exchange for $1,900 across property
situated along 0 Virginia Deer Road, in Roanoke County, Virginia (Catawba
Magisterial District), bearing Tax Map Nos. 036.00-01-04.01-0000 and 036.00-
01-04.00-0000 is hereby approved.
2. Per the agreement of the parties, Roanoke County will be responsible for the
maintenance of the greenway easement.
3. The County Administrator, or any Assistant County Administrator, is hereby
authorized, on behalf of the County, to execute and then deliver the Deed of
Easement and any other necessary documents in furtherance of same.
On motion of Supervisor Hooker 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: PUBLIC HEARING AND SECOND READING OF ORDINANCES
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 (Philip Thompson, Acting Director of
Planning)
Mr. Thompson outlined the petition.
Supervisor Radford asked about signage to which Mr. Thompson advised
they had looked at Colonial Avenue.
The petitioner proved a brief overview.
Chairman North opened and closed the public hearing with no citizens
speaking on this issue.
ORDINANCE 111919-6 REZONING APPROXIMATELY 3.50
ACRES TO REMOVE PROFFERED CONDITIONS FROM
PROPERTY ZONED C-2C (HIGH INTENSITY COMMERCIAL
DISTRICT WITH CONDITIONS), AND GRANT A SPECIAL USE
PERMIT FOR RELIGIOUS ASSEMBLY ON PROPERTY
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LOCATED NEAR THE 6500 BLOCK OF MERRIMAN ROAD (TAX
MAP NO. 097.01-02-12.00-0000), CAVE SPRING MAGESTERIAL
DISTRICT
WHEREAS, in 1988, this property (located near the 6500 block of Merriman
Road, Tax Map No. 097.01-02-12.00-0000) was rezoned from M-1 (Light Industrial
District) to B-2 (General Commercial District), with eight proffered conditions, for the
purposes of constructing a neighborhood shopping center; and
WHEREAS, the neighborhood shopping center was never constructed; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on November 4, 2019 and subsequently recommended approval of the
proposed rezoning and special use permit; and
WHEREAS, the first reading of this ordinance was held on October 22, 2019, and
the second reading and public hearing were held November 19, 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. That the eight proffered conditions from the 1988 rezoning listed below
HEREBYREMOVED.
(and struck through) are now
a) The property will not be used for any of the following purposes:
convenience store, hotel, motel, theater, assembly hall, motor vehicle
dealership, funeral home, commercial kennel, home for adults, hospital,
nursing home, flea market, or public dance hall.
b) Access to Merriman Road (Route 613) will be limited to not more than
two points along the frontage of the property.
c) No signs other than those advertising businesses located on the subject
property will be erected on the property.
d) Petitioner will comply with applicable limitations on size, number and
location of signs and in addition agrees that freestanding or nylon signs on
the property will be limited to either (a) one sign of not more than two
hundred (200) square feet or (b) two signs, one of not more than one
hundred forty (140) square feet and the other of not more than eighty (80)
square feet.
e) Parking areas will be aesthetically treated with landscaping and/or
planting areas.
f) All dumpster sites will be screened.
g) The maximum height of light poles on the property will be thirty (30)
feet. Lighting will be directed onto the parking areas, and the maximum
light level at the property line adjacent to properties being used for
residential purposes shall not exceed one (1) foot candle.
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h) Use of the property will include a supermarket of 25,000 square feet or
more.
2. The Board finds that the granting of the special use permit for religious
assembly on the 3.50 acres of property located 6500 block of Merriman Road (Tax Map
No. 097.01-02-12.00-0000) in the Cave Spring Magisterial District, is substantially in
accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions
of Section 15.2-2232 of the Code of Virginia, as amended, that it shall have a minimum
adverse impact on the surrounding neighborhood or community, and the Board further
finds that it has given due consideration to the factors set forth in Section 30-19-1 of the
Roanoke County Code. Accordingly, the special use permit is APPROVED, with the
following conditions:
a) The site shall be developed in substantial conformance with the
Development Conceptual Plan for Fellowship Church – Merriman,
as prepared by Brushy Mountain Engineering, PLLC and dated
September 9, 2019, subject to any changes required by Roanoke
County during the Site Plan review process.
b) All freestanding light poles and fixtures shall not exceed fourteen
feet in height above grade. Lighting shall be shielded ad directed
downward and arranged so glare is not cast onto adjoining
properties.
c) Any freestanding signage shall be limited to one monument style
sign not to exceed five feet in height and seven feet in width and a
maximum size of thirty five square feet.
3. 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 Hooker to adopt the ordinance, seconded by Supervisor
Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
2. 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
(Philip Thompson, Acting Director of Planning)
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Mr. Thompson outlined the petition. Supervisor Radford inquired if this
had to go back through the Board of Zoning Appeals (BZA) with Mr. Thompson
responding in the negative.
Petitioner was in attendance and provided an overview. Additionally
advised they have submitted new plans, new permit will be issued as an assessor
apartment.
Chairman North opened and closed the public hearing with the no citizens
to speak.
ORDINANCE 111919-7 GRANTING A SPECIAL USE PERMIT
FOR AN ACCESSORY APARTMENT TO COMPLY WITH THE
USE AND DESIGN STANDARDS ASSOCIATED WITH AN
ACCESSORY APARTMENT IN AN ACCESSORY BUILDING ON
A 0.346 ACRE PARCEL LOCATED AT 1047 BARRENS
VILLAGE COURT (TAX MAP NO. 027.09-06-42.00-0000),
HOLLINS MAGISTERIAL DISTRICT
WHEREAS, David and Stace Todd have an accessory building on their property
located at 1047 Barrens Village Court (Tax Map # 027.09-06-42.00-0000), in the Hollins
Magisterial District; and
WHEREAS, David and Stace Todd have constructed an addition on the
accessory building and converted it to an accessory apartment; and
WHEREAS, the accessory apartment does not meet principal structure setback
requirements; and
WHEREAS, David and Stace Todd, the applicants, have filed a petition for a
special use permit to allow the accessory apartment within an accessory building on
their property; and
WHEREAS, the Planning Commission held a public hearing on this matter on
November 4, 2019; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on October 22, 2019; and a second reading and public hearing
on this matter on November 19, 2019.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The Board finds that granting a special use permit to David and Stace Todd
for an accessory apartment within an accessory building located at 1047
Barrens Village Court (Tax Map # 027.09-06-42.00-0000) (Hollins Magisterial
District) is substantially in accord with the adopted 2005 Community Plan, as
amended, pursuant to the provisions of Section 15.2-2232 of the Code of
Virginia, as amended, that it shall have a minimum adverse impact on the
surrounding neighborhood or community, and the Board further finds that it
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465
has given due consideration to the factors set forth in Section 30-19-1 of the
Roanoke County Code. Accordingly, the special use permit is APPROVED.
2. The granting of the Special Use Permit does not waive the requirements that
David and Stace Todd reactivate their County building permit for the
accessory building, meet all accessory apartment use and design standards,
complete all required inspections, and obtain a certificate of occupancy for the
accessory apartment.
3. 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 provisions of
this special use permit are not severable. Invalidation of any word, phrase,
clause, sentence or paragraph shall invalidate the remainder. 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 Peters to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
N RE: CONSENT AGENDA
RESOLUTION 111919-8 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for November
19, 2019, designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 3 inclusive, as follows:
1. Resolution establishing a meeting schedule for the Board of Supervisors of
Roanoke County for calendar year 2020
2. Request to accept and allocate grant funds in the amount of $15,000 from
Appalachian Power's Economic Development Growth Enhancement (EDGE)
Grant Program
3. Resolution supporting Virginia's Great Valley Lewis & Clark Eastern Legacy
Trail (VGV-LCELT)
4. Resolution accepting and approving recommended changes to the
Comprehensive Financial Policy
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466
5. Resolution supporting the Blue Ridge Parkway Closure from Milepost 91 to
Milepost 112 on June 7, 2020, for the Carilion Clinic Ironman 70.3 Virginia's
Blue Ridge Race
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
RESOLUTION 111919-8.a ESTABLISHING A MEETING
SCHEDULE FOR THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY FOR CALENDAR YEAR 2020
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That for calendar year 2020, the regular meetings of the Board of
Supervisors of Roanoke County, Virginia, are set forth below with public hearings
scheduled for 7:00 p.m. unless otherwise advertised.
Tuesday, January 14, 2020 at 2:00 pm (Organizational Meeting)
Tuesday, January 14, 2020 at 3 pm
Tuesday, January 28, 2020 at 3 pm and 7 pm
Tuesday, February 11, 2020 at 3 pm
Tuesday, February 25, 2020 at 3 pm and 7 pm
Tuesday, March 10, 2020 at 3 pm
Tuesday, March 24, 2020 at 3 pm and 7 pm
Tuesday, April 14, 2020 at 3 pm
Tuesday, April 28, 2020 at 3 pm and 7 pm
Tuesday, May 12, 2020 at 3 pm
Tuesday, May 26, 2020 at 3 pm and 7 pm
Tuesday, June 9, 2020 at 3 pm
Tuesday, June 23, 2020 at 3 pm and 7 pm
Tuesday, July 14, 2020 at 3 pm
Tuesday, July 28, 2020 at 3 pm and 7 pm
Tuesday, August 11, 2020 at 3 pm
Tuesday, August 25, 2020 at 3:00 pm and 7 p.m.
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Tuesday, September 8, 2020 at 3 pm
Tuesday, September 22, 2020 at 3 pm and 7 pm
Tuesday, October 6, 2020 at 3 pm
Tuesday, October 20, 2020 at 3 pm and 7 pm
Wednesday, November 4, 2020 at 3 pm
Tuesday, November 17, 2020 at 3 pm and 7 pm
Tuesday, December 1, 2020 at 3 pm
Tuesday December 15, 2020 at 3 pm and 7 pm
2. That the organizational meeting for 2021 shall be held on Tuesday,
January 12, 2021, at 2:00 p.m.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
A-111919-8.b
RESOLUTION 111919-8.c SUPPORTING VIRGINIA’S GREAT
VALLEY LEWIS & CLARK EASTERN LEGACY TRAIL (VGV-
LCELT)
WHEREAS, in 1978, Congress established the Lewis & Clark National Historic
Trail (LCNHT) from Wood River, Illinois to the mouth of the Columbia River in Oregon;
and
WHEREAS, in 2008, as a result of the positive tourism and economic impact of
the LCNHT on trail communities, as well as a growing interest in knowing the Explorers’
whole life stories, Congress authorized a feasibility study to be conducted by the
National Park Service (NPS) to determine if the Lewis & Clark National Historic Trail
should be extended eastward to include routes and sites associated with the
preparation and return phases of the Lewis & Clark Corps of Discovery Expedition; and
WHEREAS, on December 10, 2012, the Deputy Secretary of Natural Resources
of the Commonwealth, on behalf of the Office of Governor, confirmed Virginia’s
continued commitment to developing national historic trails; and
WHEREAS, the National Park Service has collected a substantial amount of
historical data concerning the travels of Captain Meriwether Lewis & Second Lieutenant
William Clark in Virginia before and after the Expedition, either together or
independently and for personal or business reasons, and for which the Great Valley
Road was a frequent pathway when arriving in or returning from the state; and
WHEREAS, in approximately 2013 and 2014, the National Park Service
published maps of the Explorers’ route along the Great Valley Road that noted: the
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years they traveled in 1803, 1806 -1810, and 1812-1814; their route(s) through the
counties of Washington, Smyth, Wythe, Pulaski, Montgomery, Roanoke, Botetourt,
Rockbridge, Augusta, and Albemarle, as well as through cities and towns such as, but
not limited to, Bristol, Abingdon, Marion, Wytheville, Pulaski, Christiansburg, Salem,
Roanoke, Fincastle, Lexington, Greenville, Staunton, and Charlottesville; and, noted
forty-four or more historic sites, including extant structures, locations of non-existing
structures, river crossings, ferries utilized, of which many were visited by one or both
Explorers; and
WHEREAS, in late 2014, the National Park Service hinted and later decided to
exclude the Virginia Great Valley Road route as an eastward extension of the Lewis &
Clark National Historic Trail, recommending instead the water trail to and from
Pittsburgh via the Mississippi/Ohio Rivers; and
WHEREAS, in response to the National Park Service decision, the
Committee for the Virginia Great Valley Lewis & Clark Eastern Legacy Trail sought
assistance from Virginia Delegate Terry Austin who, having obtained fifty signatures of
legislators as signatories, obtained passage of HJ # 566 in February 2015; that
resolution having “… designate\[d\] the portion of the Lewis & Clark National Historic Trail
that runs through the Commonwealth as the Lewis & Clark Eastern Legacy Trail in
Virginia,” and further resolved “That the Clerk of the House of Delegates post the
designation of the Lewis & Clark Eastern Legacy Trail in Virginia on the General
Assembly’s website;” and
WHEREAS, a multi-disciplinary effort undertaken at the grassroots level by
dedicated volunteers with guidance and assistance from the Virginia Departments of
Conservation & Recreation, Historic Resources, Transportation, and the Virginia
Tourism Corporation, along with other stakeholders at the local, state, and national
level, has given almost nine years’ work to develop and implement a Virginia Great
Valley Lewis & Clark Eastern Legacy Trail; and
WHEREAS, in the past year, an additional seventeen Virginia counties have
been identified as also being traveled by the Explorers, including fourteen that are east
and north of Charlottesville and Richmond, two in far Southwest Virginia, and one in
Western Virginia; and
WHEREAS, the Town of Urbanna of Middlesex County has begun to organize
like the Virginia communities along the Virginia Great Valley Road route by selecting a
Lewis & Clark project Chair and establishing a working committee; and
WHEREAS, the Mission of the Virginia Great Valley Lewis & Clark Eastern
Legacy Trail, as established by the Committee for Virginia’s Great Valley Lewis & Clark
Eastern legacy Trail, in collaboration with Virginia’s Lewis & Clark Trail Partners, is
relevant to an expanded trail of an additional seventeen Lewis & Clark traveled counties
as follows:
To expand heritage tourism and economic development in the Commonwealth
by:
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Identifying and preserving the routes the Explorers traveled before and
after the Expedition;
Honoring and celebrating the connections of Meriwether Lewis & William
Clark to Virginia, and to the people & places they visited during their
travels;
Recognizing the Virginia members of the Corps of Discovery who were
from or returned to Virginia localities along the Great Valley Road; and,
Encouraging citizen awareness and trail exploration in Virginia & beyond
THEREFORE, BE IT RESOLVED that the undersigned support the Mission of
the Virginia Great Valley Lewis & Clark Eastern Legacy Trail; and, in partnership with
communities along Virginia’s Great Valley Lewis & Clark Eastern Legacy Trail, and
other trail partners at the local, state, and national levels, endorse the request for
funding from the 2020 General Assembly to staff and support operations for the
continued development, implementation, and promotion of not only Virginia’s Great
Valley Lewis & Clark Eastern Legacy Trail, its related historic sites, locations and people
visited along the trail route, but to also continue the development and implementation of
the additional seventeen Lewis & Clark-traveled counties to achieve a future “Virginia
Lewis & Clark Eastern Legacy Trail.”
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
A-111919-8.d
RESOLUTION 111919-8.e SUPPORTING THE BLUE RIDGE
PARKWAY CLOSURE FROM MILEPOST 91 TO MILEPOST 112
ON JUNE 7, 2020 FOR THE CARILION CLINIC IRONMAN 70.3
VIRGINIA’S BLUE RIDGE RACE
WHEREAS, the 469-mile Blue Ridge Parkway joins the Shenandoah National
Park in Virginia with the Great Smoky Mountains National Park in North Carolina; and
WHEREAS, The Blue Ridge Parkway connects directly with many adjacent
communities in Virginia’s Blue Ridge; and
WHEREAS, The Ironman Group, Carilion Clinic and Virginia’s Blue Ridge have
developed a partnership to offer a signature racing event on June 7, 2020; and
WHEREAS, The Carilion Clinic Ironman 70.3 Virginia’s Blue Ridge race will have
an estimated nine-million-dollar economic impact to the region with over twenty-five
hundred athletes participating in the race and over ten thousand spectators attending
the race; and
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WHEREAS, The event will take place in Botetourt County, Roanoke City, Town
of Vinton and Roanoke County; and
WHEREAS, The surrounding jurisdictions and The Ironman Group have
identified the most ideal bike route using a section of the Blue Ridge Parkway from
milepost 91 to 112 for a portion of the race route; and
WHEREAS, The National Park Service will meet its mission through this request
by cooperating with partners to extend the benefits of natural and cultural resource
conservation and outdoor recreation through its parks across the United States; and
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of
Supervisors requests the National Park Service allow the closure from Parkway
milepost 91 to 112 on June 7, 2020 for the Carilion Clinic Ironman 70.3 Virginia’s Blue
Ridge race.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
William Skaff of 4815 Farmington Place Court stated in October, Planning
Commissioner and now Supervisor-Elect Paul Mahoney gave an important interview
with WFIR radio in which he eloquently summarized the justification used by all
supporters of Reimagine 419. “I’d like to emulate what Roanoke City has done . . . in
terms of multi-use development now in downtown. If you look back 10 to 15 years ago,
downtown Roanoke City was a dead zone at 5:00 during the weekdays. Now you have
young people living downtown, whether in apartments or condominiums. It’s a very
active, vibrant community. . . . If Roanoke County can emulate that in a Reimagine 419
approach, that will go a long way to helping Roanoke County expand its redevelopment
initiative in that area.” At this point, the interviewer asked Supervisor-Elect Mahoney if
the County should worry that, by some perceptions, the County does not have the City’s
“coolness factor” for young adults, who, for instance, frequent “the many brew pubs
around” the region. Supervisor-Elect Mahoney gave a very perceptive answer. “We may
not be ‘cool’ because Roanoke County is basically a suburban jurisdiction. And so,
when you’re younger and right out of college, it’s ‘cool’ to be living downtown and going
to the bars and restaurants all the time. But as you get a little older—you get married,
you have children—where do you want to be? Well, you want to move to a jurisdiction
where you have nice subdivisions, you have nice homes. . . . Roanoke County has
always been known for that. Roanoke County has been known for its excellent school
system. So, when the ‘cool kids’ reach a point when they get married and have children
of their own, they’re looking for a different place to live, a different environment to live,
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and most importantly an excellence in a public education system, and that’s what
Roanoke County has.” Now doesn’t this explain why, as the Planning Department
continually reminds us, the population of Roanoke County tends to be older when
compared to Roanoke City, and why this is a success rather than a failure, and an asset
rather than a liability? After all, family growth and salary levels drive business volume,
which, in turn, attracts more businesses. The question naturally arises, would it not be
more advantageous for Roanoke County to regard Roanoke City as a source for its
prospective residents, rather than trying to replicate it? Let the City cope with the “cool
kids” as they live through their “coolness” phase of bar culture and limited salaries.
When they finally get serious about life, get married, want to start a family, seek high-
quality housing and schools, and wish to escape from the “cool kids” they have
outgrown, we then welcome them into our neighborhoods. In light of this, I respectfully
ask the Board to abandon its support for the current Reimagine 419 Plan and request a
plan that encourages stability and wealth creation. Otherwise we will be witnessing the
incongruous spectacle of formerly “cool” parents driving with their children through the
Reimagine 419 streets of the Tanglewood Mall parking lot past the bars and revelers on
their way to the Carilion Clinic pediatric center. In fact, the Board should evaluate
carefully the remaining 12 density development town centers across the County
contemplated by the Planning and Economic Development Departments. Otherwise, the
County may eventually cease to be the destination community for mature, high-income
adults.
IN RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor Hooker and 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
October 31, 2019
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of October 31, 2019
5. Accounts Paid – October 31, 2019
6. Statement of Treasurer's Accountability per Investment and Portfolio
Policy as of October 31, 2019
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IN RE: CLOSED MEETING
At 3:32 p.m., Supervisor North moved to go into closed meeting following
the work sessions pursuant to the Code of Virginia Section 2.2-3711 A 7, Consultation
with legal counsel and briefings by staff members or consultants pertaining to actual or
probable litigation, where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body, namely a vendor providing
goods or services. The motion was seconded by Supervisor Peters and carried by the
following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
Chairman North recessed the meeting to the fourth floor at 3:33 p.m. for
Closed Session.
IN RE: CERTIFICATION RESOLUTION
At 7:01 p.m., Chairman North called the evening session to order.
Supervisor Peters moved to adopt the certification resolution.
RESOLUTION 111919-9 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member’s
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies; and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
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AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. 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
(Philip Thompson, Acting Director of Planning)
Mr. Thompson outlined the request for petition.
Supervisor Hooker inquired regarding fire and rescue with the new road,
will be taken care of during the process. If there was a road built, it would be taken care
of during that building permitting process. Mr. Thompson stated it is his understanding
about the access to the road; some places in the rail corridor there are roads that cross
it. Mr. Daniel D. Miles, CEO of Roanoke Valley Resource Authority stated there is one
private road and an ATV road to the ATV Club. Mr. Thompson further advised Williby
Road is the one in the County where it crosses the rail-line. He believes there are some
gates, etc. He would imagine that emergency services would have a way to access that
road
Supervisor Hooker then asked when he was talking about eliminating
some of the preamble, one thing that she was particularly impressed and reminiscent
over was on page 85 of that original document. It was label RVRA priorities and she
looked at it as if it were a mission statement. Was that kept; because Mr. Thompson
was saying some of the language had been deleted because it is did not seem relevant
any longer, but she feels that it is relevant. Mr. Thompson stated it was not in the
permit conditions and they only looked at permit conditions. Ms. Hooker stated it may
be something that we want to look at again. She then stated there were some
questions about Bradshaw Road and coming in from North Fork Road. How many
residents live from North Fork Road to Smith Gap from that direction? Mr. Thompson
advised he did not know as that is the Montgomery County side. So, we will wait for the
petitioner. Do you know how many residents live along the rail corridor? Mr. Thompson
did not know.
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Supervisor Peters stated you spoke about fire services and public water.
Is there public sewer and water? Mr. Thompson responded there is a well and a
potable water system that is in place, but it is off of a well. It was part of the
requirements that we copied over. The part that was changed was (1) would be
designed to Roanoke County standards, which was when we had a utility department.
It is already in place, so it is already designed and it had a provision that we could
assume the ownership of it. We would not want to do that. Those are the things
regarding fire service were taken out of that section and from the existing document. It
also referred to a section of the State Code, 15.1, which back then the Code Section
referred to. Now it is 15.2. That section talks about the extension of water and making
sure it is not done unless it is in compliance with the comp plan. All we did was take out
the reference to the State Code and put the reference regarding the extension cannot
be done unless it is in compliance with the comp plan. Supervisor Peters just wanted to
verify that he does not think there will be any public water or sewer up there. Mr.
Thompson responded there is a potable water system at the landfill and they can talk
more about what that is used for.
th
Supervisor Radford inquired in regards to the citizens on October 11,
they asked about the leachate leaking out on the road. Just to follow-up, is there or
was there feasibility to get public sewer up there to handle the leachate? Mr. Thompson
stated he felt it would be a far stretch to get public sewer up there, but it is his
understanding that they haul leachate either by truck or by train. The issue was the way
he understood it was the comment at the community meeting was when they are
hauling trash to the landfill via Rt. 311 and Bradshaw Road, most of the trailers, as he
understands it, have a bladder system underneath so if leachate spills out from the
tractor-trailers, it is supposed to catch that. The question was that some people were
noticing it spill outside of the bladder. The concern, and some people had raised it to
DEQ. They were concerned about the hauling of trash to the landfill, not the collection
of leachate at the site.
Chairman North then asked if the petitioner would like to speak. Jim
Guynn, General Counsel to the Roanoke Valley Resource Authority. He does not have
a whole lot that he can add to the conditions other than to say, we have worked very
diligently with the Planning Commission. We are comfortable with them as they
currently proposed. He would point out that, and he knows from experience and being
on the other side of the dais, we are operating currently. We have a problem because
without the special use permit, they are in violation because they are not supposed to
be. He appreciates that is not being held against them. It was one of those things that
nobody realized until we reached agreement with the railroad on taking ownership back
and zoning does apply to us when it does not apply to the railroad, which is the reason
why we are here. In the course of developing an amendment to the special use permit,
the Planning Department pointed out some of the things, i.e. 15.1 and those sorts of
things that were outdated and we were able to take a look at it.
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He would say, with regard to Ms. Hooker’s question, the mission of the RVRA has not
changed and is not going to change. He is not sure that it was the special use permit.
Supervisor Hooker commented it is in the document of land use and policies. Mr.
Guynn stated he is not sure that as far as being a condition and that was one of the
confusing things about the way it was done previously. It was difficult for us to tell what
was part of the special use permit and what were our policies. We appreciate it from
that standpoint. Our understanding is, and they have not done a scientific count, but
between North Folk and the landfill there are about four (4) houses on Bradshaw Road
in Roanoke. There are others in Montgomery County. Supervisor Hooker stated she
was hoping to get the whole count. Mr. Guynn advised he did not have. Supervisor
Hooker then asked how many miles it is. Mr. Guynn advised he did not know..
Supervisor Hooker then stated maybe Mr. O’Donnell knows. Mr. Guynn commented the
potable water source is a well that is used and maintained for fire prevention and fire
control. It is what he grew up knowing as sulfur water and we drink bottled water at the
landfill and try to keep it from staining everything as well. As far as a line for the
leachate, we have talked about that with Montgomery County because they have some
that go down to North Folk and whether or not we would run a line, and those talks
continue, as it is a fairly expense proposition, but there were have to be some upgrade
of that line from Montgomery County as it is in North Folk because of the capacity
standpoint. It is not something that is out of the question, but it is not something that is
eminent. It will continue to be discussed. The line would have to be upgraded that
Montgomery has because we would have to install line, which would be a direct feed
into it. From that standpoint, Montgomery County would have to agree to be hooked up
to taking the leachate out of their system. The other thing that he would like to stress,
we have said this at the Planning Commission throughout this process and he cannot
stress enough that our proposal at this point and the only way you can guarantee there
is not going to be another truck on Bradshaw Road is if there is another road to use.
Once there is another road to use, there will never be a need. There would not be a
need to use Bradshaw Road and frankly, if another road is built, it is going to be a much
more convenient road to use than Bradshaw is. From that standpoint, he knows, just
like at the Planning Commission that folks are going to stand up and say they don’t want
trucks on Bradshaw Road. They agree, they don’t either and that is why we are as
serious as we are about considering all of our proposals. The other thing that we
pointed out at the Planning Commission is even if we never build a road, if it is taken out
of the special use permit, we have a much better negotiating posture for service. At this
point, with all due respect to the railroad, there is not a lot of hard negotiating going on
because there is no alternate as far as the price is concerned. So, in some ways, we
don’t have a whole heck of a lot of choices. Is there price fair?
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We do not know, we assume it is because they do not have anything to compare it to.
Basically, we only have one way to serve and it behooves all of us to think in terms of
what the potential competition would mean for keeping the rates of hauling of waste
down for all the members of the Authority, particularly the citizens in Roanoke County
and all the local governments that are involved. There does not necessarily have to be
a road built for it to benefit the citizens to have the conditions changed so that
negotiations can be a little different and pricing will be a little different.
Supervisor Hooker stated if there was never going to be a need for
another road, then we would not be listing Bradshaw as a secondary access. As it
stands now, it is listed as a secondary access if something goes wrong on the other
transportation corridor for whatever reason and that is really the opening statement,
primary versus secondary and the secondary being Bradshaw Road in an emergency.
She added that even with another road, there may be issues and thinks we all
acknowledge that things can go wrong. Mr. Guynn stated the same emergency would
befall the railroad. Supervisor Hooker advised he is correct, but the idea that you would
never need another one is somewhat overstated and so she has a couple of questions
to follow-up on. First, at the community meeting, would really like to applaud our staff.
Philip Thompson and Mr. Miles handled a rather large crowd very well and handled their
questions. She would have like to see those questions documented; the questions
were documented, but the answers were not in this report and she would still like to
have that written and available for citizen. She thinks there are times when the voice
isn’t as clear as the written word and so she would like to talk about that more in a few
minutes. The report does deal a lot with the transportation issue and does deal mostly
with the idea of going to trucking and that is not the purpose of this conversation tonight.
We are keeping it really just on the issue before us with the special use permit and then
she has some citizen concerns that she really wants addressed. Mr. Guynn stated it
was not their intention to make the report focus on the transportation. In our application
we addressed concerns based upon what was expressed. Supervisor Hooker stated
she understood that you were in a conundrum based on the hearts and minds of the
citizens. She understood. She appreciates the Authority being willing to work with the
operational hours for the school so that if there is an emergency you will be respectful of
those hours. Supervisor North documented those and our County Attorney has also
taken note of that and believes there were agreeable to that understanding. Mr. Guynn
responded to his knowledge they have done that in the past. Supervisor Hooker stated
maybe having it written will help. Mr. Guynn advised they are happy to agree as they
have done so in the past.
Supervisor North stated he appreciated their consideration of that earlier
today.
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Supervisor Hooker asked, just speculative, Bradshaw Road was
acknowledged at the very beginning of the birth of Smith Gap Landfill that Bradshaw
Road was inadequate and so she has some questions about coming from the North
side and maybe that could be an option for an emergency direction and her thought was
with those 15 trailers that do fit under the underpass, she would like to hear more about
that at some point. She believes there are fewer residents in that corridor and believes
it is fewer miles on Bradshaw Road so she is wondering if it has to come up the heart of
Bradshaw from Rt. 311, she believes it is nine (9) miles, whatever it is, she believes it is
more coming from that direction. It would be unload and difficult from one end to the
other and she understands that too because that road is not built for this traffic. We all
understand that. Mr. Guynn responded that part of that can be addressed as long as it
is fit for the trestle. Supervisor Hooker stated there were 15 that were purchased. Mr.
Guynn stated it is being done now, obviously. Whether that means more trips, they will
take a look at that. Supervisor Hooker stated only as an emergency option. Supervisor
Hooker then stated when she was looking at the priorities and in our staff report, it was
listed as page 85, but when you go to the Landfill, Rail and Transfer Station permit
conditions and operating policies it was on page 18, but it did list some very succinct
priorities and what was considered. She looks at it as almost, it is on page 16 instead of
page 18, and thinks they still hold true today, especially bullets 2 and 3. The first bullet
is protection of the environment. The second one is protection or extension of the
landfill useful life and the third one is protection of the interests of the residents of the
landfill host community and hope it is one of our proprieties as long as the 4, which is
protection of the interests of the residents of the rail corridor and she thinks it is very
important to acknowledge this and if it is not rewritten somewhere clearly, she thinks it is
a goodwill gesture, and maybe we should consider this commentary again. She has
already mentioned something about the Bradshaw number of residents and miles. She
understands there is no public water because she thinks there was some commentary
that we thought there was public water, but other than that potable well, that is all there
is. There was the question regarding the leachate being piped out by sewer eventually.
While that is expensive, so is the trucking. Carrying that out by truck is also very
expense.
Supervisor North asked what the average waste carload count, 10, 12
cars a day. Mr. Miles advised twelve (12). Supervisor North then stated so that would
mean the equivalent of 36 trucks a day. Based on today, if trucking occurred, there
were be 36 trucks loaded and 36 trucks returning throughout the course of the day.
Chairman North opened and closed the public hearing with the following
citizens to speak:
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478
Jennifer Powell of 8801 Williby Road stated that is the only road that
citizens live on that the crossing will effect. The construction, if they rip up the ties and
put a road in. They flashed a map up for you earlier and it shows four (4) or Five (5)
residents, but there are five (5) more and there are children who live up there. So, they
are concerned about how that crossing will be handled. There has not been any
definitive answer, who has the right-of-way, crossings, etc. She would like to say that
they do not want it; they want the train to stay, but if it happens she would like to
propose that the people on Williby be able to use the road as a way to get out when it is
flooding. As you know, North Fork Road, when there is flooding you cannot get in or
out. The garbage trucks will be able to come and go all day long and she does not
know what changed from the last two meetings, but we were told there would be an
average of 50 trucks a day; not small trucks but tractor trailers a day going through. So,
we are concerned about that. Our mail trucks come up the road, Federal Express, UPS
trucks and see it being a big deal to our standard of living on that road. So, again, she
would like to say they do not want it to happen and does not really understand why they
want it to happen except to save costs, but there is a way to repair the tripper. She
heard that one time, but has not heard it mentioned again. The tripper is getting old and
it would cost a lot to replace it, but it might pay for itself in the long run because of the
truck expense. There have been no fatalities since the rain has been run over the last
25-30 years, but with 50 trucks going up and down that road every day, even with the
neighbors on Bradshaw, she just sees things happening. What is one of them catches
on fire. There are no fire hydrants or water to put it out. Are they going to take the
potable water from the landfill over? If it has to happen, she would like the resident of
Willoughby Road to be able to use it and for emergency vehicles to use the road to get
to the people at Willoughby Road. There has not been much talk about Willoughby Rd.
Dale Deweese of 4664 Bradshaw Road stated that tonight, they did not
come with lawyers. It is almost like a David versus Goliath. We are looking at the
wrong perspective; the trains have worked for 25 years. We should be looking at the
trains for another 50 to 75 years and not just the past 25. We should not be looking at
trucks. Trucks have torn Bradshaw Road all to pieces. As we just heard, there is no
100% guarantee that it will not happen again. We are totally against the trucks. The
only way to haul trash to that landfill is by train. If it is necessary to go up on the price of
tonnage, then so be it. The trains have not caused any problems like these trucks have.
We are sick and tired of Bradshaw Road being used. We did not want the landfill to
begin with and none of these people and maybe the Board included would want tractor
trailers running up and down the road in front of your houses like we have in Bradshaw.
You can go on Blacksburg Road and go down Hanging Rock where they have done
some repaying. It is smooth as silk, but State came up there and did about a third-
grade paving job and it is rough as sandpaper in places. It does a number on your cars
shocks.
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So, we need to be looking at trains and coming up with a solution with them for the next
25-50 years. The landfill was built for 100 years. Somebody did not look ahead past 25
years when they signed the contract with the railroad. So, we need to have some long-
range planning. He would appreciate your consideration about going with the train and
forgetting about the trucks.
Mr. Guynn stated they had included the gating system they had put in
place. There is probably a way to work out another use of a road if we put it in.
Obviously, from the stance of being a good neighbor and North Fork is flooded and
Willoughby cannot get out. Supervisor Hooker stated and emergency vehicles. Mr.
Guynn responded in the affirmative stating that his understanding is most of the
emergency vehicles these days have the transponders available so they can get
through those types of gates and that is what we certainly would want to have in place.
He does not know if we want to put daily Willoughby Road traffic on the road with the
trucks, but certainly in certain situations, where there is flooding and there is not access,
they would be amenable to making that available. We try to serve. This is one of the
reasons why we would do that and certainly want to make it as easy as we could. By
putting the transponders on the trucks, we are not talking about 55 miles per hour, but
25-30 miles. Willoughby is going to be straight through. Stop signs would be in place.
We will do everything we can do to make sure that it safe and it will add an access for
emergency for them.
Supervisor North stated today it is his impression that there is not enough
room except for the train to traverse over the existing track big. There is not enough
room for an access road beside the tracks, however, in pictures that he has seen it
looks like there are some parts whereby it is too narrow for the access road. Mr. Guynn
responded that in examination of all the options, one of them was if we could put a road
in addition to. We do not have enough right-of-way and we don’t have enough ability to
grade and get it the way we need. Supervisor North stated he also heard that there was
a possibility that trucks would be moving in both directions. How can that be if there is a
narrow path at some places along the route? Mr. Guynn advised they had 26 feet, but
with the railroad and with the grade on each side, we do not have enough room in the
area where we could put the road, it would beyond their right-of-way. Supervisor North
reiterated that Mr. Guynn was saying trucks can go in either direction and pass each
other. Mr. Guynn responded in the affirmative with 26 ft. There is not enough room for a
safe road that could be used regularly.
Supervisor Hooker stated before making a motion she would like to provide some
commentary and would like to start with some observation. She appreciates the way
the RVRA has worked with staff during this process and anything that was asked, you
provided. You provide a valuable service to this community and it is not always
appreciated. Throughout the application process, they have been responsive to County
staff, and have promptly shared information as has been requested. Then, she would
like to commend the many citizens who have reached out to me in private, come to
community meetings, and a few have come here tonight. She thinks some people are
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discouraged and they may not be here because they are discouraged but it is clear to
her that issues involving the RVRA are important to the citizens. The operations of the
RVRA affect your quality of life. You have concerns, and you trust that your participation
in this process will make a difference. She wants to assure you that the Board hears.
With regard to impact on the community, she is concerned with the number of citizens
who have expressed frustration and have asked for my help, and for more information.
So for the information sharing portion, she is concerned that over the years, as changes
were made and continue to be made to the RVRA’s business model, there was not a
good mechanism in place for communicating these changes to County citizens. Many
citizens are confused and frustrated and want more information. At the October
Community Meeting there were about 100 citizens there. They asked a lot of questions,
but it is my perception that they still have questions, and recognize that this SUP
application presents a rare opportunity for them to ask questions and receive answers.
There were outstanding questions regarding the environmental impacts, the leachate,
impacts to and the use of Bradshaw Road, odors and air quality, water quality, ground
water management, the landfill’s service area, but there were many things they still
have questions on, which is why she mentioned having something in writing that may be
helpful in continuing to spread that information. She would like to ensure that before the
Board acts on this matter, Roanoke County citizens understand what is being proposed.
Supervisor Hooker moved to delay this action until no later than March 24, 2020 so that
additional questions can be asked and answered. She has some very specific things
that she has already handed to Mr. Miles and his attorney. Before we reconvene, she
requests the following: (1) a well-advertised telephone number in place for the use of
surrounding residents including those on the Bradshaw Road Transportation Corridor to
call in complaints and maintain an open complaint log that shall be open to the public. It
is her understanding that there is something like that in place now, it probably could be
better advertised so that people know where to get their answers straight from the
RVRA. (2) an email address that is well advertised for the same purpose (3) She would
also like to request regularly scheduled community meetings to share information and
concerns and hold one meeting prior to our next meeting revisiting this SUP. The
Mason’s Cove Community Meetings were answered and she would like to have in
writing along with citizen concerns that she handed Mr. Miles prior to the meeting. If it is
possible, and this is her personal request. She would like to have a restating of the
RVRA priorities for good will purpose. She thinks some of the information in there
shows that we care about the citizens and how either one of these transportation
options will impact them. She personally favors rail, but as the discussion continues
and there is a lot going on towards trucking, she wants our citizens that we still have
their best interests at heart and that we are taking it seriously. The motion was
seconded by Supervisor Radford and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
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IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Radford stated he wanted to mention to the public that are
watching live or recorded, we passed a resolution earlier wanting the Parkway to be
closed for 20 miles for the Ironman that is coming up this June 20th. There is an open
comment period through the National Parks Service, but citizens can make comments.
He has made a comment that he is in favor of closing for that event because it
showcases our community. Just want to encourage others to reach out and give them a
positive comment in regards to that event. He found out a couple of days ago that there
will be a younger Radford in that event.
Supervisor North stated the Economic Development Department is
hosting two upcoming workshops in December. Video Production will be held
December 3, 2019 from 9:00 am until 11:00 am at the South County Library. This free
workshop is for entrepreneurs to learn how to create video content for marketing their
businesses. EVA, selling to the Commonwealth of Virginia will be held on December
10, 2019 from 10:30 am until 1:00 pm at the South County Library. This free workshop
will be led by the Virginia Department of Small Business and Supplier Diversity and will
walk small business owners through the Virginia E-Procurement marketplace. If you
are interested in attending either of these workshops, contact the Economic
Development office at 772-2185. Lastly, he would just like to say that Mr. O'Donnell,
Mr. Lubeck and himself attended the VACo meeting last week and learned about of lot
that is going on around the State of Virginia and shared some of that information with
the Board with regard to the finance presentation and what might come up in next year's
State budget. There is some interesting concepts. He encouraged everyone to look
that over. He would also like to thank Ms. Hooker for being so concerned about the
citizens of the Catawba District and expressing that tonight and think at the end of the
day everything is going to work out in due time.
IN RE: ADJOURNMENT
Chairman North adjourned the meeting at 7:52 p.m.
Sub itted by: Approved by:
rah C. J c47 avid F. Rad rd
Chief Deputy Clerk to the Board Chairman
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