HomeMy WebLinkAbout4/27/1999 - Regular
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April 27, 1999
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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.
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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
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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)
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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
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April 27, 1999
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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
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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)
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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:
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April 27. 1999
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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)
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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
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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)
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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
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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
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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)
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Ms. Melinda Cox, Economic Development Specialist, advised that Hayes,
Seay, Mattern and Mattern who are completing the engineering concept plan and
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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
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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:
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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
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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
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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
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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
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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.
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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.
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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
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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,
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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
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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)
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April 27, 1999
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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
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