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HomeMy WebLinkAbout4/27/1999 - Regular -----, April 27, 1999 273 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 April 27, 1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of April, 1999. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, Joseph McNamara, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations INRE: OPENING CEREMONIES The invocation was given by the Honorable H. Odell Minnix, Supervisor, Cave Spring Magisterial District. The Pledge of Allegiance was recited by all present. ,- ~ April 27 I 1999 REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney added an Executive Session Item pursuant to the Code of Virginia Section 2.1-344 A (7) to discuss a legal matter, probably litigation, Akers claim. Supervisor McNamara asked that Item 1 on the First Reading Consent agenda concerning the Special Use Permit request of Krispy Kreme Doughnut Corporation be removed for discussion. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Proclamation declarina May 2 - 8. 1999. as National Tourism Week in Roanoke County. Chairman Johnson presented the proclamation to Mr. David Kjolhede, Executive Director, Roanoke Valley Convention & Visitors Bureau. Mr. Kjolhede invited the Board as guests to attend their May 5, 1999 annual meeting at the Hotel Roanoke. Supervisor Minnix moved to adopt the proclamation. The motion carried by a unanimous voice vote. IN RE. 2. Recoanition of Roanoke County for beina named as a 1998 Tree City USA and Droclamation declarina April 30. 1999 as Arbor Day in Roanoke County. Mr. Bob Boeren, Virginia Department of Forestry, presented the Board with ~ At..;1 :in, nlg~ 275 a plaque from the National Arbor Day Foundation declaring Roanoke County a Tree City USA , and invited the Board members and staff to attend the Arbor Day Celebration scheduled for 1 :00 p.m. on April 30, 1999, at Oak Grove Elementary School. Chairman Johnson presented the proclamation to Charles Blankenship, Roanoke County representative on the Roanoke Valley Greenway Commission, and Becky Rowe, Oak Grove Elementary School Principal. Supervisor Harrison moved to adopt the proclamation. The motion carried by a unanimous voice vote. IN RE: NEW BUSINESS 1. Approval of the Roanoke County BondinQ Committee's recommendation to formally declare Hanaina Rock Estates. L.L.C.. to be in default under their Land Subdivider's Agreement dated June 23.1995. Off-Site Sewer Agreement dated November 26. 1996. and Erosion and Sediment Control AQreement dated June 23. 1995. (Arnold Covey. Director of Community Development) R-042799- 1 Mr. Covey reported that staff has been working with Hanging Rock Estates, L.L.C, since January, 1998 to establish a schedule for completing the physical improvements to Hanging Rock Estates Subdivision, and there has been no activity on the 27b April 27, 1999 L.. site since November, 1998. On March 2, 1998, the Roanoke County Bonding Committee met to discuss the status of construction and instructed Mr. Covey to send a letter to Hanging Rock Estates, L.L.C., listing the outstanding items that needed to be addressed, completion dates and notice that if the dates were not met, they would be considered in default. This letter was sent on March 8, 1998, and on April 8, 1998, Hanging Rock Estates, L.L.C. was notified by Roanoke County that the Bonding Committee planned to submit a report to the Board of Supervisors declaring them in default for their failure to comply with the schedule outlined in the March 8, 1998 letter. Mr. Covey reported that the Bonding Committee recommended the following: (1) that Hanging Rock Estates, L.L.C., be formally declared in default on the above referenced project; (2) that the Director of Community Development be authorized to make demand of the surety on Hanging Rock Estates, L.L.C., bond for payment of the funds in full for application to complete of the project, pursuant to the Roanoke County Bonding :'olicy; (3) that the Director of Community Development be authorized to contract for and on behalf of Roanoke County for the completion of the project, pursuant to the Roanoke County Bonding Policy and (4) that the County Attorney be authorized to institute other measures as he may deem appropriate to enforce the provisions of the Roanoke County Bonding Policy, the Land Subdivider's Agreement dated June 23, 1995, and Land Subdivider's Bond, the Erosion and Sediment Control Agreement dated June 23, 1997, and Erosion and Sediment Control Bond, the Site Agreement dated July 1, 1997, and Performance Bond. There was no discussion. Supervisor Harrison moved to approve the staff recommendations. The , , = .~_t;J1i1 21. 19!9 2'.' . I I motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Request for additional funds to conduct the June 8. 1999 Republican Primary Election. (Diane St. John. Registrar) A-042799-2 Ms. Betty Graham, Deputy Assistant Registrar, requested that the Board provide $12,370 for the cost of the June 8, 1999 Republican Primary Election. The costs for this election were not included in the budget due to the fact that the Republican party did not call for this primary until March, 1999. In response to Supervisor Minnix's inquiry as to whether his vote and participation in discussion on this item would be conflict of interest since he will be participating in the primary, County Attorney Paul Mahoney advised that he would not consider this a conflict of interest but a matter of general application. Supervisor Minnix moved to approve the funds which staff had requested to come from General Fund unappropriated balance. Supervisor Nickens advised that he thought it more appropriate that the funds be taken from the Board Contingency Fund and Supervisor Minnix amended his motion to include this. Supervisor Minnix amended his motion to approve the appropriation of $12,370 from the Board Contingency Fund. The motion carried by the following recorded vote: 271 April 27. 1999 - AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None 3. Reauest for aDDroval of the Roanoke Valley Reaional Cable Television 1999-2000 budaet. (Anne Marie Green. Director of Community Relations) A-042799- 3 Ms. Green advised that Roanoke County, the City of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV) which is governed by the Roanoke Valley Regional Cable Television Committee. The operation budget is provided by the three governments, based on the proportion of Cox customers located in each jurisdiction. This year, due to an audit conducted by Cox, the County's percentage of the cable subscribers has increased from 33% to 39%. During the past year, video production at the studio has increased 45%, show production has increased 12% and average hours of programming per month has increased 88%. Highlights of the budget approved by the Roanoke Valley Cable Television Committee include: (1) reclassification of the Station Manager position; (2) addition of another full time position and elimination of regular part- time positions; and (3) cable television staff is carried on the County's payroll and benefit system and will receive the same increase as County employees. The proposed budget includes 3.5% for raises for staff but actual raises will be at the County rate. The total RVTV budget request is $225,085, of which Roanoke County's share is 39%, or $88,173, an increase of $21,361 over last year's budget. She asked for approval of the budget AJ ..iI 0"'7, 1999 1!flJ request in the amount of $88,173. In response to Supervisor Johnson's question about percentage of viewers for the Board meetings, Ms. Green advised that this information will be compiled as part of the Citizens Satisfaction Survey which is the next item on the agenda. Supervisor Nickens moved to adopt the budget and commended the staff for the enhanced coverage. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None 4. Reauest for funding for Citizen Satisfaction Survey. (Anne Marie Green. Director of Community Relations) A-042799-4 Ms. Green advised that when the most recent citizen survey was done in 1997, the Board asked that it be conducted biannually rather than every year. At the Board Retreat in January, 1999, the Board asked staff to obtain proposals for a survey and report back on the cost and schedule. The Procurement Department issued a request for proposals for the new survey and the sole response was from Martin Research, the firm which conducted the 1995 and 1997 surveys, for a base price of $10,250. This includes pre-testing, surveying of 500 households, compilation of the data and an executive summary of the results. She advised that the survey was not budgeted for this year and will probably be held in late Mayor early June. She requested an appropriation of $10,250 from the Board Contingency Fund. Supervisor Minnix requested that this item be 218 April ~7. 1QQQ budgeted for in the future. Supervisor Johnson moved to approve the appropriation of $10,250 from the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Supervisor Minnix moved to approve the first readings absent Item 1, and set the second readings and public hearings for May 27, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1. Ordinance to obtain a Special Use Permit to construct a fast food restaurant and drive-thru. located at 4065 Electric Road. Cave SDrin9 Magisterial District. UDon the petition of KrisDv Kreme Doughnut Corooration. Supervisor McNamara expressed his concerns about the petitioner's site plan which indicated an additional entrance directly in front of the building from Route 419. Mr. Harrington advised that there are two existing access opportunities and any additional entrance from Route 419 would be of concern to the Planning Commission and the Virginia Department of Transportation. He advised that he will share Supervisor McNamara's concerns with the Planning Commission. April 27 i~99 . 281 Supervisor McNamara moved to approve the first reading of Item 1, and set the second reading and public hearing for May 27, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Ordinance to obtain a SDecial Use Permit to construct an educational facility. located in the 7800 block of Olsen Road. Hollins Magisterial District. upon the petition of The Achievement Center Foundation. 3. Ordinance to obtain a Special Use Permit to ODerate a dance hall. located at 7300 Williamson Road. Hollins MaQisterial District. UDon the petition of ABD Inc. 4. Ordinance to obtain a Special Use Permit for an equipment and rental business. located to the rear of 5120 Peters Creek Road. Hollins Magisterial District. upon the Detition of Branch Management. INRE: SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizinQ the acquisition of property at 5445 Glenmary Drive from Lottie B. Dickerson for an access road into the Roanoke County Center for Research & Technoloav. (Tim Gubala. Economic DeveloDment Director) 0-042799-5 Ms. Melinda Cox, Economic Development Specialist, advised that Hayes, Seay, Mattern and Mattern who are completing the engineering concept plan and ~ ADril 27. 1999 development plan for Stage 1, Phase I, has recommended the acquisition of property located at 5445 Glenmary Drive in order to create the best road design. The property has been appraised for $85,000 and purchase was contingent upon the successful completion of a Phase I environmental assessment, a survey and title search. She advised that the environmental survey was received a few hours ago and it looks very good. She requested acquisition of the property for $80,530 if all contract contingency items are successfully met. There was no discussion and no citizens were present to speak on this issue. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042799-5 AUTHORIZING ACQUISITION OF PROPERTY AT 5445 GLEN MARY DRIVE FROM LOTTIE B. DICKERSON FOR AN ACCESS ROAD INTO THE ROANOKE COUNTY CENTER FOR RESEARCH & TECHNOLOGY WHEREAS, in order to provide additional land for an industrial access road into the Roanoke County Center for Research & Technology, the County requires a certain parcel of land, consisting of 1.49 acres in the Catawba Magisterial District of the County of Roanoke, Virginia, owned by Lottie B. Dickerson; and WHEREAS, staff has negotiated the purchase of said property from Ms. Dickerson for the sum of $80,520.00, the estimated fair market value being $85,000.00 based upon an independent MAl. appraisal; and WHEREAS, Ms. Dickerson and the County have entered into a contract of sale, subject to approval by the Board of Supervisors; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on April 13, 1999; and the second reading was held on April 27, 1999. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: April 27, 1999 283 1. That the County Administrator is hereby authorized to acquire from Lottie B. Dickerson, a 1.49-acre parcel of land, identified as Tax Map No. 64.00-1-3, together with all rights incident thereto and appurtenances thereunto belonging, for an amount not to exceed $80,520.00. 2. That the purchase price, and estimated closing costs of $ 3,500.00, shall be paid out of the Glenn Mary Industrial Park account. 3. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CONSENT AGENDA R-042799- 6 Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 042799-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for April 27, 1999, designated as Item 1- 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: 284 April 27, 1999 1. Approval of Minutes - March 23, 1999. 2. Confirmation of Committee Appointments to the Commission for Senior and Physically Challenged Citizens and Roanoke Valley Greenway Commission. 3. Donation of sanitary sewer easement across property of The Terumah Foundation, Inc., located on Merriman Road. 4. Acceptance by Roanoke County Schools of Summer Youth Employment Program Grant. 5. Acceptance of water and sanitary sewer facilities serving Canterbury Park, Section 12. 6. Write-off of Utility Bad Debts. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REPORTS Supervisor Johnson moved to receive and file the following reports after discussion of Items 3 and 4. The motion carried by a unanimous voice vote. 1. General Fund Unappropriated Balance 2. Caoital Fund Unappropriated Balance 3. Board ContinQency Fund 4. Future School Capital Reserve ~ ^t;lril 27. '''9 285 5. Report of aporoved chanQes to the Secondary Svstem of State Hiahwavs as of March 1999 6. Virginia Department of Transportation warrants for traffic signals 7. Reoort of claims activity for the Self-Insurance Proaram 8. Budaet Calendar IN RE: EXECUTIVE SESSION At 3:45 p.rn., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (5) to discuss a prospective business or industry where no previous announcement has been made; and Section 2.1-344 A (7) to discuss a legal matter; probable litigation - Akers claim. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: WORK SESSIONS 1. Joint Work session with the School Board to discuss oroposed Ear1y Retirement ProQram for school employees. (5:00o.m.) The work session was held from 5:00 p.m. until 5:45 p.m. with all members of the School Board present, and Dr. Gordon, School Superintendent. Dr. Hardy, Director of Budget and Data Management for the schools, reviewed the information in the booklet 28(} J\ prll 27, 1999 containing the Early Retirement Incentive Plan documents, with input from Diane Hyatt, Director of Finance. Ms. Roark, Chair of the School Board, requested that the Board of Supervisors place this item on the agenda for a vote so that they could move forward with this plan or revise the existing plan. Supervisor McNamara asked for information on a comparison of the plan with other localities. Dr. Gordon and Ms. Hyatt advised that this information was available and a copy will be sent to him. Supervisor Minnix advised that he needed additional information and would like to meet separately with Ms. Hyatt. After discussion, it was the consensus of the Board that the Early Retirement Incentive Plan for school employees be placed on the agenda for the May 11, 1999 meeting. 2. Work session on County budget. The work session was held from 6:15 p.m. until 6:55 p.m. It was presented by Budget Manager Brent Robertson. It was Board consensus to approve the following items concerning the budget: (1) salary increase of 3.54%; (2) County will match contributions b~' employees to the deferred compensation plan for $10 bimonthly or up to $240; (3) reallocated contributions to local service agencies according to Supervisor Nickens' list for a savings of $76,806 to fund two paramedics positions in addition to four paramedics positions funded from work session on April 13, 1999; (4) advised that the full time employees count would increase by two and vehicle count would not increase; and (5) to adopt the budget at the May 11, 1999 meeting. At Supervisor Johnson's suggestion, Supervisor Nickens advised that he will meet with the United Way officials within the next ten days to determine what would happen if the County gave part of their contributions to - lit i! n. 1999 ~87 them to distribute. Mr. Hodge advised that approximately one-third of the agencies requesting money from the County are covered by United Way. Mr. Chambliss responded to questions concerning CORTRAN and was directed to report back at the next meeting on the status of this program. IN RE: CERTIFICATION RESOLUTION R-042799-7 At 7:00 p.m., Supervisor Johnson moved to return to open session, that the Executive Session was held from 3:45 p.m. until 5:00 p.m., and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 042799-7 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive 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 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive 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 executive meeting to which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. 288 April 27, 1999 On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: EVENING SESSION Chairman Johnson recognized Ms. Marie Vitello and members of her Junior Girl Scout Troop who were in attendance. INRE: WITHDRAWN OF ITEM Chairman Johnson announced that Mr. Mahoney advised that Item 2 under Public Hearings was being withdrawn due to a pending settlement. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of ConQratulations to Glenvar High School Bovs Basketball Team for winning the GrouD A State championship. R-042799-8 Supervisor Harrison presented the resolution to Coach Art Lawrence, and members of the team who were in attendance. Supervisor Harrison moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ .\pr!l 21, 1999 289 RESOLUTION 042799-8 OF CONGRATULATIONS TO GLENVAR HIGH SCHOOL BOYS BASKETBALL TEAM FOR WINNING GROUP A STATE BASKETBALL CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Glenvar High School Boys Basketball Team won its first Group A state basketball championship this year, beating Pound 63-54; and WHEREAS, team member Bryan Fasnacht was named All-State, All-Region, AII- Timesland, and Region C Player of the Year; Seth Noonkester was named All-District, All-Region, and 2nd Team All-State; and Josh Ward was named All-District; and WHEREAS, Coach Art Lawrence and his teams have had over 200 wins in the past 13 years and five straight trips to the state championship; and Coach Lawrence retired after this season as head coach for the Glenvar Highlanders. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the members of the GLENVAR HIGH SCHOOL BOYS BASKETBALL TEAM: Charles Fasnacht; Ryan Watson; Jason Underwood; Scott Price; Bryan Fasnacht; Josh Ward; Charlie Wright; Jeremy Cromer; Seth Noonkester; Erik Johnston; Brad Furhman; Cliff Bordewisch; Wayne Waldron, and Head Coach Art Lawrence for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to members of the team, and the school in their future endeavors, and best wishes to . Coach Art Lawrence upon his retirement. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARINGS 1. Public Hearing to elicit written or oral comment from the public on the proposed 1999/2000 fiscal vear budget. (Brent Robertson. BudQet Manaaerl Mr. Robertson advised that the total revenue estimated from all funds for fiscal year 1999-2000 is $245,455,000, which includes the general fund, school funds, /- 298 April 27, 1Q99 water and service, debt and capital funds; that the total after inter and intrafund transfers is $175,354,000; and that the total general government budget is $106,590,000. This is an increase of $4.2 million over the budget for fiscal year 1998-1999 or an increase of 4.1 %. He reviewed the proposed local revenue sources including revenues from the Commonwealth of Virginia. Mr. Hodge reviewed the service enhancements and changes proposed for next year's budget. These areas included public education, economic development, health and safety, parks and recreation, and regional cooperation. Ms. Estelle H. McCadden. Co-chair of the Planning Committee for the 1999 Ms. Virginia Senior Citizen Pageant Planning Committee, asked for support for the pageant. 2. Public Hearing and resolution pursuant to the Code of Virginia to authorize the acquisition of and immediate right-of-entrv to a 0.75 acre parcel of land on Glenmary Drive from Martin G. Gallimore and Gary W. Gallimore by eminent domain proceedinas. (Paul Mahonev. County attorney) Chairman Johnson advised that Mr. Mahoney asked that this item be withdrawn pending settlement. IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES ---..., April ~;, 1999 291 Chairman Johnson announced that the Item 1 had been continued by the Planning Commission and would not be heard tonight. 1. Second reading of an ordinance to rezone 53.125 acres from AG- 3 to PRD to construct a planned residential community located in the 7600 block of Token Road. Cave Spring Magisterial District upon the petition of Grindstone Engineering. (Terry Harrington. County Planner:) (WILL NOT BE HEARD THIS EVENING) Chairman Johnson announced that Item 2 had been continued by the petitioner until the May 27,199 Board Meeting. 2. Second reading of an ordinance to obtain a Special Use Permit to replace an existing 30 foot pole with an 80 foot monoDole and replace an existing buildina. located .4 mile north of intersection of Bent Mountain Road and Airpoint Drive. Windsor Hills Maaisterial District upon the petition of US Cellular. (Terry Harrinaton. County Planner) (CONTINUED UNTIL MAY 27.1999) Chairman Johnson announced that Item 3 had been withdrawn by the petitioner. 3. Second reading of ordinance authorizina a Special Use Permit to construct a 120 foot cellular monopole tower. located at 1887 Electric Road. Windsor Hills Magisterial District. UDon the petition of Triton pes (Good Shepherd Church). (Terry HarrinQton. County Planner) (CONTINUED FROM MARCH 23. 1999) (WITHDRAWN BY THE PETITIONER) 4. Second reading of ordinance to vacate a portion of a 15-foot wide sanitarv sewer easement across lot 2. block 1. Section 12. Hunting Hills in the Cave Spring Magisterial District. (Garv Robertson. Utilitv Director) 292 April 27, 1999 0-042799-9 Mr. Harrington advised that there have been no changes since the first reading of this ordinance. There was no discussion and no citizens to speak on the issue. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042799-9 TO VACATE A PORTION OF A 15-FOOT SANITARY SEWER EASEMENT ACROSS LOT 2, BLOCK 1, SECTION 12, HUNTING HILLS, PLAT BOOK 9, PAGE 132, IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled 'MAP OF SECTION NO. 12, HUNTING HILLS: dated October 23, 1978, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 132, a fifteen-foot (15') sanitary sewer easement was shown and created on Lot 2, Block 1, Section 12, Hunting Hills, the subject easement being designated on said plat as "15' S.S.E."; and, WHEREAS, the Petitioner and the former owners, Lewis and Susanne Royster, have requested that the above-described existing 15' drainage easement, be vacated, and the current owners of Lot 2, Block 1, Section 12, Hunting Hills, Richard and Linnea Clompus, concur with the request; and, WHEREAS, a frame building and a wooden deck on Lot 2 have resulted in an encroachment on the subject sanitary sewer easement and the Petitioners have requested that it be vacated pursuant to ~ 15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by ~ 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on April 13, 1999, and the public hearing and second reading of this ordinance was held on April 27,1999. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: April 27, 1999 2~ 1. That the sanitary sewer easement being shown cross-hatched and designated as "Sanitary Sewer Easement (+/- 150' x 15') to be Vacated" on Exhibit A attached hereto, said easement having been dedicated on 'MAP OF SECTION NO. 12, HUNTING HILLS' dated October 23, 1978, and recorded in the aforesaid Clerk's Office in Plat Book 9, page 132, in the Cave Spring Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to ~ 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with ~15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 5. Second reading of ordinance to rezone 456.6 acres from R-1. Residential to Planned Technology Development District. for a business and commercial park. located in the 5300 block of Glenmary Drive. Catawba Magisterial District. UDon the petition of the Roanoke County Board of Supervisors. (Terry Harrington. County Planner) 0-042799-10 Ms. Melinda Cox, Economic Development Specialist, advised that this project started with the March 11, 1997 press conference which announced that the County had 294 April 27, 1999 a six month option on the property. A Community Advisory Committee was formed and there was a five month visioning process done with the community. The County hired Carlton Abbott and Associates and David Hill, who completed the preliminary concept plan and last year, Hays, Seay, Mattern & Mattern was hired to complete the concept plan which is underway now. The Board had a work session on this project at the meeting on April 13, 1999. The project has 457 acres and will provide 204 acres usable to be developed, and staff is targeting three specific industries in the high technology area: transportation, biotechnology and the Internet. The next task is for the Management Team to look at the budget, specific tasks and time lines, and work towards having the access road finished by July 1 st. In response to Supervisor Harrison's request, Ms. Cox indicated that it is planned to have a major update for the Community Advisory Council since there have been many significant changes recently. Supervisor Harrison also advised that he would like to see some specific detailed plans for development of greenways by the participants in the project. Supervisor Nickens asked that maintenance of the greenways be addressed in any plans. In response to Supervisor Nickens' inquiries, Mr. Harrington advised that the Lone Eagle District is not a part of this rezoning and is designed as Reserved for Future Development. Mr Mahoney also advised that rezoning of the Lone Eagle District will have to be brought back to the Board after the criteria and standards for private roads have been addressed by the Planning Commission. Chairman Johnson advised that the Planning Commission is reviewing those standards now and that the Board has never April 27, 1999 295 approved a private road subdivision. He does not feel that the Lone Eagle District can be developed under the existing Virginia Department of Transportation and County standards. Mr. Hodge advised that the Lone Eagle District is a small area for home type businesses, which is higher in elevation, and staff does not want to hold up Phase I and the marketing of this project. Staff plans to come back to the Board at a later date with specifications for the Lone Eagle District. Supervisor Harrison movad to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042799-10 TO CHANGE THE ZONING CLASSIFICATION OF A 456.6-ACRE TRACT OF REAL ESTATE LOCATED IN THE 5300 BLOCK OF GLENMARY DRIVE (TAX MAP NOS. 54.00-1-2;3 AND 64.00-1-1) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF PTD WITH CONDITIONS UPON THE APPLICATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the first reading of this ordinance was held on February 23, 1999, and the second reading and public hearing were held April 27, 1999; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 7, 1998 and a work session on April 21, 1998; and WHEREAS, legal notice and advertisement has been provided as requirad bylaw. as follows: BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, 1. That the zoning classification of a certain tract of real estate containing 456.6 acres, as described herein, and located in the 5300 block of Glenmary Drive (Tax Map Numbers 54.00-1-2; 3 and 64.00-1-1) in the Catawba Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of PTD, Planned Technology Development District. 296 April 27, 1999 2. That this action is taken upon the application of the Board of Supervisors of Roanoke County. 3. That the owner of the property has voluntarily proffered in writing conditions which are made a part hereof and incorporated herein by reference and which are set out in detail in the submitted materials contained in the attached Exhibit A entitled "Roanoke County Center For Research and Technology, March 24, 1998, Application to Rezone the Property from R-1 to PTD," said materials to include a memorandum dated April 17, 1998, from the Director of the Department Economic Development for Roanoke County regarding conditions pertaining to greenway and trail development at the Center, all of which conditions the Board of Supervisors of Roanoke County, Virginia, hereby accepts, with the exception that the Lone Eagle District described on the Preliminary Concept Plan is hereby to be designated as Reserved for Future Develooment, 4. That said real estate is more fully described as follows: Beginning at a Yz-inch capped rebar set in the north right-of-way line of Interstate 81 and Glen Mary Drive, comer to Philip Trompeter & Constance Trompeter Hausman, thence leaving said Interstate and Drive and along Trompeter, N 540 11' 01" W 106.44 feet to a Yz..inch capped rebar set, comer to Emmett I. Jr. and Mary C. Grisso; thence leaving Trompeter and along Grisso, N 51003' 57" W 238.25 feet to a 5/8-inch iron rod found; thence N 410 47' 23" W 399.04 feet to a 5/B-inch iron rod found; thence S 71020' 01" W 345.58 feet to a 3/4-inch iron pipe found, comer to H. M. & Karen E. Montgomery; thence leaving Grisso and along Montgomery, Kathleen F. Nichols, and Jayne Melton Hampton & William J. Hampton, N 390 35' 40" W 3840.65 feet to a Yz..inch capped rebar set in a fence comer in a painted tree line, comer to Hampton and David W. & Constance R. Shelor; thence leaving Hampton and along Shelor, N 53024' 56" E 3805.08 feet to a Yz-inch iron rod found; thence S 010 37' 22" E 190.40 feet to a Yz..inch iron rod found; thence N 410 16' 31" E 88.69 feet to a Yz..inch iron rod found, comer to Glenvar Heights Section No.2; thence leaving Shelor and along Glenvar Heights Section NO.2 the following courses: S 520 15' 12" E 192.90 feet to a Yz..inch capped rebar set; S 360 31' 18" E 85.00 feet to a Yz-inch capped rebar set; S 700 01' 18" E 193.00 feet to a Yz-inch capped rebar set; S 540 01' 18" E 85.00 feet to a Yz..inch capped rebar set; S 18001' 18" E 165.00 feet to a Yz-inch capped rebar set; N 87028' 42" E 102.00 feet to a Yz-inch capped rebar set; S 350 01' 18" E 192.00 feet to a Yz..inch rebar found; S 260 01' 18" E passing a 3/4-inch iron pipe found at 101.70 feet, passing a 3/4-inch iron pipe found at 206.20 feet, in all 338.00 feet to a Yz-inch capped rebar set; S 710 31' 18" E passing a 5/8-inch iron rod found at 84.10 feet, passing a 5/8-inch iron found at 141.02 feet, in all 189.00 feet to a Yz..inch capped rebar set; S 710 01' 18" E 176.00 feet to a Yz-inch capped rebar set; S 400 31' 18" E 182.50 feet to a Yz..inch capped rebar set; N 470 56' 33" E 179.59 feet to a Yz-inch capped rebar set; S 320 53' 00" E passing a 5/8-inch iron rod found at 537.90 feet, passing a Yz-inch road found at 2161.38 feet, comer to Glenvar Heights Section No.1, thence leaving Section NO.2 and along Glenvar Heights Section No.1, in all 2643.72 feet to a Yz- inch capped rebar set; thence along Glenvar Heights Section No.1, S 300 40' 00" E 820.33 feet to a Yz-inch capped rebar set; thence S 170 14' 12" W 2.98 feet to a VDOT right-of-way monument found in the west right-of-way of Glenvar Heights Boulevard; thence leaving Glenvar Heights Section No. 1 and along the west right-of-way line of said Boulevard, S 160 39' 28" E 166.64 feet to a VDOT right-of-way monument found; thence S 250 54' 06" E 112.17 feet to a VDOT right-of-way monument found in the north right-of-way line of Interstate 81; thence leaving said Boulevard and along Interstate 81 north right-of-way the following courses: S 74021' 59" W 260.64 feet to a VDOT right- of-way monument found; S 78" 39' 35" W 152.to VDOT right-of-way monument found; S 640 34' 36" W 99.73 feet to a Yz..inch capped rebar set; S 620 56' 59" W 255.48 feet to a VDOT right-of-way monument found; S 56037' 49" W 197.29 feet to a VDOT right-of-way monument found; S 670 26' April 27, 1999 'J)'j 22" W 725.00 feet to a VDOT right-of-way monument found; S 81041' 10" W 128.80 feet to a VDOT right-of-way monument found; S 73012' 45" W 251.07 feet to a VOOT right-of-way monument found; S 630 09' 48" W 266.97 feet to a ~inch capped rebar set; S 560 59' 16" W 137.92 feet to a ~inch capped rebar set; S 530 42' 48" W 105.50 feet to a VDOT right-of-way monument found; N 290 06' 26" W 148.57 feet to a VOOT right-of-way monument found; S 64046' 41" W 26.63 feet to a VOOT right-of-way monument found, comer to Martin Gale & Gary Wayne Gallimore; thence leaving said right-of-way and along Gallimore N. 460 50' 43" W 233.58 feet to a 2-inch iron pipe found; thence N. 52054' 24" W 17.59 feet to a 3/4-inch iron pipe found; thence S 540 40' 01" W 91.57 feet to a 3/4- inch iron pipe found; thence S 31054' 33" E 271.32 feet to a ~inch capped rebar set in the north right-of-way of Interstate 81; thence leaving Gallimore and along said right-of-way S 770 12' 57" W 40.86 feet to a VOOT right-of-way monument found, the PC of a curve to the left with a radius of 560.87 feet, delta of 29052' 54", arc of 292.51 feet; thence a chord of S 69" 11' 45" W 289.21 feet to a VOOT right-of-way monument found, the PT of said curve; thence S 570 30' 29" W 19.14 feet to a SIB-inch iron rod found, comer to Edgar & Lottie B. Dickerson; thence leaving said right-of-way and along Dickerson N. 290 37' 52" W 107.48 feet to a ~inch iron rod found; thence S 840 02' 11' W 445.25 feet to a ~inch iron rod found; thence S 470 19' 56" E 152.14 feet to a ~inch capped rebar set; thence S 540 11' 01" E 130.67 feet to a ~inch capped rebar set in the north right-of-way line of Interstate 81; thence S 690 58' 12" W 38.66 feet to a ~inch capped rebar set; thence S 53. 18' 07" W 8.39 feet to the point of beginning, containing 456.60 acres, more or less, and being a combination description of Tax Parcels #64.00-1-1, #54.00-1-2, and #54.00-1-3. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 6. Second reading of an ordinance to adoDt minor amendments to the Roanoke County Zonina Ordinance. (Terl)' Harrington. County Planner) 0-042799-11 Mr. Harrington advised that there have been no changes since the first reading of this ordinance. There was no discussion and no citizens to speak on the issue. 298 April 27, 1999 Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042799-11 AMENDING AND REENACTING VARIOUS SECTIONS OF THE ROANOKE COUNTY ZONING ORDINANCE INCLUDING MULTIPLE EDITORIAL CHANGES AND SECTIONS PERTAINING TO AREAS INCLUDING COMPOSTING, CAMPS, RELIGIOUS ASSEMBLY, CUSTOM MANUFACTURING, FAMILY DAY CARE HOMES, VINEYARDS, AND ZERO LOT LINE DEVELOPMENT WHEREAS, the Roanoke County Board of Supervisors adopted the Roanoke County Zoning Ordinance on August 25, 1992; and WHEREAS, good zoning administration practice requires that zoning ordinances be periodically evaluated to insure their continued consistency with state law and their usefulness as a tool to implement community plans; and WHEREAS, the Planning Commission of Roanoke County evaluated the Roanoke County Zoning Ordinance during 1998 and has made a series of recommended changes to the ordinance; and WHEREAS, the Planning Commission of Roanoke County did hold its public hearing on these amendments on February 2, 1999 , and made a recommendation concerning approval of the ordinance adopting these amendments to the Board of Supervisors of Roanoke County, Virginia; and, WHEREAS, in the interest of public necessity, convenience, general welfare, and good zoning practice, the Board of Supervisors hereby amends certain provisions; and WHEREAS, legal notice and advertisement has been provided as required by law, and that the first re.ading oftlris ordinance was held on March 23, 1999 and the second reading and public hearing will be held on Apri127. 1999 BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, that the Zoning Ordinance for Roanoke County. be, and hereby is, amended and reenacted, as follows: 1. That the following general changes are made: a. That all Roanoke County zoning ordinance state code references to Title 15 1 be changed to reflect the corresponding Title 15 2 code reference. b. That all references to the Director of Planning be changed to the County Planner. c. That all references to the Director ofEniPneerini and Inspections be changed to the Director of Community DeveloJ)ment. d. That all references to the Dc:partment of Planning and Zonil1g, or the Dc:partment of Engineering and 1n$pections, be changed to the Dc:partment of Community Development ~ April 27, 1999 1Q9 e. That all references to the pm (planned InduMaI Dilrtrict) be changed to ~ (p[anned Technoloi)' District) f. That all references to the Comprehensive Plan be changed to the Communi~ flan 2. That the following specific additions, deletions and modifications are made: SEC. 30-3. PURPOSE. A. 9. Protect approach slopes and other safety areas of licensed airports,-and; 10.Protect surface and groundwater resourcest('.." w~r!W:~::%~ ~: .. : .f." . ~:::' ;;;:;:;~:;:. SEC.30-6. ESTABUSHMENT OF DISTRICTS Industrial Districts PITD Planned h,d".t.~.d D".dvp",,,,,t X.gIY District lI'it.lillt[:"I' '., IIlflrlilg'A~ SEC. 30-22. PENALTIES (A) Any violation of any provision of this ordinance shall be a misdemeanor punishable by a fine .;,f not less than ten dollars ($10) nor more than on~ th,),,~ld .m"-':1lI1_~1! dollars($-t;eOO 11."1"11). Each day a violation exists shal[ constitute a separate offense. SEC. 30-23 NONCONFORMING USES AND STRUCTURES; GENERALLY (A) Within the zo:nIM~,,~l~~.;~~:_~:dt_~, thj~^ilr.~;'.~E,~.~~;;i,=_;~~m:e,~~,~~Z!:,~~~', later be ado ted . J.~}N '. '.~.~.." "iMW).' .,; ..... '.'. ".":.: .~".:. :Qi(i.o;ill!;i'~~:'. . "rii!.~';C '{~'. ",.. p , ilL." ..,BLm...",.m..,. "...." m... ,.... ..Ji. ..,.. JMU"i...9L..... ......,.BL,..mtMM\!ltE ggllmm.~!I~i\there exist, or may exist lots, parcels, structures, uses of land and structures, and characteristics of site design and! or use which were lawful before this ordinance was adopted, or amended, but which would be prohibited under the terms of this ordinance. or future amendment. Such structures, uses, and characteristics, or any combination thereof, are considered nonconformities, and are hereby declared by the Board to be inconsistent with the character of the districts in which they occur. Sec. 30-23-2 Nonconforming Uses of Buildings, Structures or Land (F) 300 April 27, 1999 ....#Eflitll.~.lflf.~_$j n ,,1111 Sec. 30-29-2. Residential Use Types Kennel, Private: The keeping, breeding, raising, showing or training of three 3 or more dogs over .[(41 ~ months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective. Sec. 30-29-3 Civic Use Types ::alll~ F", Adt.lt.s ifllilt.~- An establishment that provides shelter and services which may include meals, housekeeping, and personal care assistance primarily for the elderly. Residents are t&SuMl, fuHGllou<<ll) ;"'upA11"d Q,ud 50",;a:H.) ~solQlGd but vlh\..! ",is, ~J. ~ooJ h~lll. Tlh.~ "'~ able t~,,~tain,!1 semi~ind~p:~~ent li!e sle, '!~~,0.Z~~"~~!he more extens!~~,2are2!a iirmi:::J":~:~ ;",@>.;<"""H jI"1m^d "'Wiii,~' ,....,. .::.; -: ....~::~:..: '\1:... " ...........~.. ...>>.... Nursing Home - A use providing bed care and in-patient services for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease. N&llliII~g.@I~I~[j'~~(. Sec. 30-29-5. Commercial Use Types Automobile Repair Services, Major: Repair of construction equipment, commercial trucks, :;~~:~:~~~e::::s a;~ ~~~~c~:;lil.(illlI~jJ~i.iiili.ti((i.ne Bmjm.~lfiin~B_. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops, and similar uses where major repair activities are conducted. Clinic. A &dllty fhO,,:d:"'J.5 Hk\..d~Gal, p.\]",L.':'At.':'"" 0.. O)ulAkal ,,'1 v':'CG fVl "':',,k. VI 11~ui("d yCLSOui) GA",lusivd, Vl.l An out patient buis di\...Iudh~c Gn.K..l5....nc' l.n,a.tLuGnt, dia.A1tO"t~G b....l "lc....", t!~~lll$, a.dHtllt."h"t~v.h QUa ".....1 ,,~G'S to OulpAlkul", (..111pl0J("'5, 01 ,,~,,~tv.1". Funeral fIt7mt! ~~: Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. Typical uses include func...d I.v...". 01 mortuaries I:~l&_il". Sec. 30-29-6. Industrial Use Types ------ April 27, 1999 3m = SEC. 30-32. AG-3 AGRICULTURAIJRURAL PRESERVE DISTRICT Sec. 30-32-2 Permitted Uses. (A) 3. Civic Uses € . cuuft& (B) 2.Civic Uses ~_I 4. Industrial Uses 1(._1 SEC. 30-33. AG-l AGRICULTURAIJRURAL LOW DENSITY DISTRICT Sec. 30-33-2 Permitted Uses. (A) 3.Civic Uses Camps. (B) 2. Civic Uses ~JIiI ""''''' L'-"'" . I TT '*'*1 fluustria uses ::.:::..'~$~;.:. . ~:t~::;w'-H:::tfSG~Rq:i~ ~&JijgYfjMii~j5i SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT Sec. 30-34-2 Permitted Uses. (B) 4. Industrial Uses __I_i~ W';:Ifh.">:;~Tif-j*h7TT SEC. 30-36. A V 1::Bl':~jiil*~i l' .LI.JLAGE CENTER DISTRICT (A) The purpose of the AV, ~illage Center district is to establish areas which will serve as the focal point for cultural and commercial activity of the rural service areas of the County, as envisioned in the Comprehensive plan land use category of the same name. The density recommended for these areas is intended to average between one and three units per acre. Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices and places of religious assembly, are commonly found at these crossroad locations. These areas bring a sense of community to the surrounding rural areas. with an emphasis on providing the essential goods and 302 April 27, 1999 services to rural residents. but are not intended as employment destinations for urban residents. New development should therefore be carefully considered for its compatibility with the surrounding development and the purpose and intent of this district. Any expansion of these areas should be contiguous to existing Village Center areas to avoid leap-frog commercial development. Similarly additional development may warrant additional public services, such as community sewer and water systems Sec. 30-36-2 Permitted Uses. A) 3. Civic Uses &..[;~Ou5 &&Guibl) . (B) 3.Civic Uses KllllliI~rliq1M~ Sec. 30-41. R-l Low Density Residential District Sec. 30-41-2. Permitted Uses. (A) 2. Civic Uses Fcu.l~) DAy eM" I1.IJ.Uc'* (B) 2. Civic Uses r81Itfjll'@[..! SEC. 30-42. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 30-42-2. Permitted Uses (A) 2. Civic Uses FmUd) Del} eM" Irolu,", * (B) 2. Civic Uses SEC. 30-45. R-3 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 30-45-2 Permitted Uses. (B) 2. Civic Uses BJ1latr.. April 27, 1999 303 = SEC. 30-47. PRD PLANNED RESIDENTIAL DEVELOPMENT DISTRICf Sec. 30-47-3. Site Development Regulations (A) Each planned residential development shaIl be subject to the following development standards. 1. ~LUll dl.:,hkt &h.G. 18 _..",5 of oonLgu()~ land. l.~ SEC. 30-53. C-I OFFICE DISTRICT Sec. 30-53-3 Pennitted Uses. (A) 2.Civic Uses R\.,li.~ou5 A.&sCJubl). 4.Commercial Uses €Iinie (B) l.Civic Uses I__m..!! SEC. 30-54. C-2 GENERAL COMMERCIAL DISTRICT Sec. 30-54-2 Permitted Uses. (A) l.Residential Uses .. ". ~'. ;:,;.".,;.....z ....w: ~::~":"-'::"<'<"""""" .... ~t1i~M~mm*r4.Commercial Uses €Iinie (B) l.Civic Uses 110m.... fu.l Adult~ ({1I!1IItll.lj SEC. 30-61 I-I INDUSTRIAL DISTRICT Sec. 30-61-2. Pennitted Uses. (B) 2Jndustrial Uses I~I~- SEC. 30-62 1-2 INDUSTRIAL DISTRICT Sec. 30-62-2. Permitted Uses. (A) 4.Commercial Uses 304 April 27, 1999 = Equipment Sales and S", ,ic:cilI_W (B) 1. Commercial Uses ~~~~ 2.Industrial Uses ijf#-=_I~: ~-!P.:....~......,.!iSH:_ SEC. 30-73 ECO EMERGENCY COMMUNICATIONS OVERLAY DISTRICT Sec. 30-73-5. Permits (A) Any application for a building permit for construction on any property located within an Emergency Communications Zone shall be referred to the tC.dl1h".d 5':, v jc':5 vffi.:.c, Il!IIm:tI!II E8mmmli6i of the fire and rescue department. ,.,..,,.,.."u.......................w.....-......... Sec. 30-73-6 Appeals '..w,..ww.....x..w"'"w.wlllt".'w.....>>.h (A) An decision of the tc.dmkm .", v ;':'':'5 offi.:.e, 1!':.,,:.."~:~alflhiOOW(!Qf . ,,,.:it with re ards to the y "..~..wwww".>.."......."...."....,..i.I1 g requirements of this section shall be considered a decision of the administrator , and may be appealed to the board of zoning appeals pursuant to the provisions of this ordinance. Sec. 30-81-1. Agriculture Il_fli'III_=jRi~lf_B.lfi_~_i14{..[. Sec. 30-82-11 Multi-Family DweUing. (B) General Standards ImPlt~jdillrllllllll.~liID_~f.[itmjflBl.it.ll~tmi.1I (F) General Standards in the C-! l:~l\lf~j4istricti, independent of the general standards above: Sec. 30-82-12 Single Family, Detached (Zero Lot Line Option) (B) 2. A. Th" lut LS Au inLc.;Vl lot Gud duGS .w.d Adjvhl << lot vuL.,~d(, uf tt", \,tUllJ.1Ikvu d~v",lvp1..Cul d(.~~&.lCtLcd Mol ~"'1() lot hu\.l U","', OR, ._~ April 27, 1999 305 = b. The lot Adjv~j"" Typt. C vI ~'"'ctl"" bufK.... JAid, OR., '-'. Tlu..lvL G.djv~.u51A.1td Looned '''' "OlUI1K..l"'~cd OJ. ~..udb&tl~J.. 5:- 111(, .l10.llHtd flout, lC&, And .,.:d.", )Q.la 5\..lb,""k.l~~"u.l\o"jit .Il.lu.,L b" .l.l1~llL..J",d 4dj"c'-'JIl to OU} lot h-ith an G.J5ttll! 5ttt'1Ctt.JG not "ltlli. tI.., GOJ..llluOH d....v"'lopuWlll, VI not vtl..",.. n':'"" d",.,:~iab..,d rol ~,",1 v lot line. tiSG. 6: 1.0 "~ldo",&, doc.!, 01 otl1\d opCl~J5" "IudI b", }I\dU~th.J:.I.( tl.l(.. naB of Q build.:u~ nL.':'dl fQ.\,;"! tl1(. d('~~lAtGd LoGlO lot M.u.. vy':'thin S feel of tin.. pi ope. t) nut,. Sec. 30-82-13. Single family, Attached (B) 1. A. Ill" Ivt .:." au intc.':'Ol lot And do,s J..U.d. adjo':'u A lot oul5idt vf tl...... GOHiIuOn d(.vdopul'-'dl dG51~}:c!Lt",d M.l Lo'-'JO ]ot ]~u., u.,G, OR, b. The lot AdjoiHb " T}pG C vI ~("Al,",J. Duffel JQ.ld, OR, G. IlK-lot Adjoiu5 lAnd LOll"d "OJ ""Oldllh.,l\....:.al 01 h:.dUi)t,':'cti. Sec. 30-82-14. Townhouses ) :.~.:::.;,:...... ~:~';i.ll..t1tI..!I9.ItI!lI!L"ifBEliIIl SEe. 30-83 CIVIC USES Sec. 30-83-0.5 Camps (A) 1. General standards: Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with Section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required in a location appropriate to screen adjoining residences. AdditlonM ~LA11d&d~;"1 tile AC-J And A-G-l Di5tiiGl5. (ll) 2.. The minimum area for a camp shall be 10 acres. z. a;. Multiple structures may be constructed on the property, such as cabins, lodges and other facilities typical of a camp provided that all structures comply with the setback requirements for a principal structure from adjoining property lines. ~ 306 April 27, 1999 II 3-.;.;. "5" -.::: ....:~} Each building intended to accommodate members shall be accessible via an all weather road suitable to accommodate emergency vehicles serving the property. One year-round residence, including a Manufactured Home, may be constructed as a caretakers home in addition to other facilities on the property. Sec. 30-83-9. Religious Assembly. (C) and a. The total gross floor area of the expansion itself does not exceed -7;5ee ~~;. square feet; b. The gross floor area of the expansion is not more than one huudlCd .;.. (too g:gg) percent of the existing gross floor area; and S~(.. J8..85-11 CI;d:(. (A) In. the AVD~.,t..;.....l, "ncn adj()~.~;.u!S cd"";'d,,uGM \.I",", t'yP', a Typ" C bufE..J. ]A4d in A..........OldAah..,'" vv;.tI. S"",,6vu 30-92..stud{]x pLov;d~ MOH~ th", pLOyCIly l;"i", ~hicl.l adjo;'uo> tlK- H"sid",ut:M uS\;I type:- g;W@?i!&iW_\lIIW_lW$<iiMM' ~~lWi$~!~i;!tii!li.~,1! SEC. 30-86. INDUSTRIAL USES ID~@'lf&Jl1r.' !':f :',.::~~~~:~:~:]II~_~--ii_~!__II_lr__ -----. April 27, 1999 307 ~",,,,,",... tmr4L:. Sec. 30-86-3. Custom Manufacturing (B) Additional standards in the AG-3, AG-1[. and A V districts: 1. Maximum square footage for a custom manufacturing establishment: three Ii thousand (3;006 ~~~d~:~:~dards in the AG-3, AG-1 and B districts: Sec. 30-87-.05. Amateur Radio Tower. (C) 1. The maximum height pennitted by right for an amateur radio tower shall be sL..l] fi v(, ..i II (65 !I) feet. Any tower that exceeds this height may be permitted only after obtaining a special use pennit in accordance with Section 30-19 ofthis ordinance and the additional criteria established under (D) for such permits below. (iii_.,{iii.pii;li.i4t1mmfl~milt.\fll1U.~ Sec. 30-91-2. General regulations for Parking. 1. Except for vehicles parked within multi-family developments all recreational vehicles, boats, d utili. trai1 shaI1 b k d f.t""*lmi$DOOl'JW__b hind h fr build' !in nl . an ty ers e par e iM\~~.!!!if.mi!_c\JM$f, e n t e ,o~t. . 1118 ue,.u es~se~'?~ IS rovided in a completely enclosed e or other building. . . ?-">'" ,"mmf6fi_.i ~~r.r~.&il'W~nrn4ilf.v~~j.-r~w.s. . .,^'^.,,,,.....W."NW ~~~~~n~.J~u~):WWlHYAlK~U~*l". .,.,.,,,, ,.:g.$i,~~U!it;,,.,,~.,.. m~!:~.Jm . m 2. No truck or commercial vehicle with, or designed to have, more than two (2) rear wheels shall be parked ovcmighl, except while loading or unloading on such premises. No construction machinery shall be parked overnight unless the machinery is incidental to improving the premises. These provisions shall not apply to pickup body type trucks, or to vehicles essential for an agricultural use associated with the premises. Sec. 30-91-9. Minimum Parking Required. USE TYPE PARKING REQUIRED (C) 1..~iiij~!~!][!@ttlf~~j;@jj!W}fl:}1i!~;lil;jriE}}J!itf%r4{~i..il (E) Commercial Use Types 308 April 27, 1999 Automobile Repair Services, Minor 1 spaGG PC! 2se 5(}"Ai e f",Gl, plu~ ~ 03p"....\,ii) pCI 5Ci., ~""'"' b,,}, plu&' 1 .!pac"" .a~jl Jllajv. .Ihft Sec. 30-91-10. Stacking Spaces and Drive-Through Facilities. (A) J. ApplOUNt tau...." rut dl~Yl...-llllvu&l f~aiG....5 sh.a:H 110.'1'"' lL.G fbHovv~.u5 nmh.u.1U-lU ":dll~. 4. One. lanG IllII 12 fCGt b. T"" 0 V.l U1Vl.... 14.au..~ 10 N.Gl P(.l IQ.llw 4g 5~: 6~. 3. That this ordinance shall be effective from and after its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson: (1) He advised that he attended the dedication of the Regional Skateboard facility. (2) He suggested the possibility of creating a Regional Water Authority and suggested that he and Mr. Hodge might meet with the chief elected and administrative officials to discuss further. Supervisor Harrison: (1) He concurred with the Chairman's suggestion to discuss a Regional Water Authority. (2) He recognized several students from an advanced government class attending the meeting. (3) He advised that the Civil War Reenactment will be held at Green Hill Park in the near future and recommended that citizens attend the event. ~, April 27, 1999 309 Supervisor Nickens: (1) He advised that he attended the grand opening of the Mayflower Hills Park. (2) He asked that staff report back to him on the status of Ivyland Drive where the sign has been changed by the Virginia Department of Transportation to indicate that it is a private road. SUDervisor McNamara: (1) He advised that although the petitioner has withdrawn the plans for placing a cellular tower at the Good Shepherd Church, he would like for the cell ordinance to be reviewed. (2) He advised that in view of tragic events in Colorado, we should concentrate on all the good things happening in our community and move forward. SUDervisor Minnix: (1) He suggested that the cellular towers should double up at all common facilities and asked that staff work to resolve the problems. (2) He asked Mr. Hodge to pass along to Arnold Covey his concerns about: (a) the creek behind Tanglewood Drive with eroded electric and cable wires; and (b) the status of resurfacing Meadowlark Road. IN RE: ADJOURNMENT At 7:50 p.m., Chairman Johnson adjourned the meeting. Submitted by. Approved by, ~A-Q ~~ Brenda J. Ho on: MC Deputy Clerk to the Board 31D April 27, 1999 This page was left blank intentionally.