Loading...
HomeMy WebLinkAbout8/24/1999 - Regular August 24,1999 507 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 24, 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 August, 1999. INRE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, 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 IN RE: OPENING CEREMONIES The invocation was given by Reverend Joseph A. Keaton, Central Baptist Church. The Pledge of Allegiance was recited by all present. 508 August 24,1999 IN RE. REQUESTS TO POSTPONE, ADD TO, Oft CHAN6E THE ORDER OF AGENDA ITEMS = Mr. Myers introduced David Chandler who is the new Director of Management Information Systems. IN RE: BRIEFINGS At Chairman Johnson's request, Mr. Hodge and Director of Utility Gary Robertson briefed the Board on the water situation. Mr. Hodge advised that Mr. Mahoney is working with the City of Roanoke on the water contract and plans to have it completed very soon. He explained that the County cannot use the money saved from not buying water from the City of Roanoke because the utility operation is an enterprise account, and by bond indenture, funds that are generated by the utility account must remain in that account. Chairman Johnson advised that any changes in rates have to be approved by the trustees, and he would like to have a study done by the consultants within the next three or four months to determine if a rate decrease is feasible and look at the rate structure. Mr. Robertson advised that the County is pumping water from the Roanoke River today, and it is estimated that the County can pump about 50 to 60 million gallons a day into the Spring Hollow Reservoir. The water agreement with the City gives them the capacity of 4 million gallons a day, and releases the County from buying 2 million gallons from the City, but may require some new interconnections for the water. Gary Robertson advised that in the last study Draper & Associates completed, they suggested that at some point in the future if the County desired to look at the rate August 24,1999 500 structure, they also consider the base and volume charge and using the savings from the City. Mr. Robertson advised that information concerning the rate study will be sent to the citizens this Friday with their statement. Mr. Mahoney advised that he and the City Attorney's plan is to have the water agreement to each locality by the first meeting in September, 1999. IN RE: NEW BUSINESS 1, Acceptance of donation from Koppers Industries in connection with $5.000 received with its Directors' Award of Safetv Excellence. (Tim Gubala. Director of Economic Development and representatives from Koppers Industries) A-082499-1 Mr. Gubala advised that Koppers Industries' Roanoke Valley Plant received a Director's Award for Safety Excellence in recognition of 1 00,000 man hours with no injury of any kind. He introduced Mr. Mark Franck, Manager of the Roanoke Valley Plant, who reported that they received $5,000 as part of the award to be used for community recognition, and they want to donate $2,000 of these funds to the Fort Lewis Rescue Squad, $2,000 to the Fort Lewis Fire Department, and $1,000 to the County Parks & Recreation Department for a soccer field at Green Hill Park. Mr. Franck introduced Tom Loadman, Vice President and General Manager, Railroad Products and Utility Products Division, and John Heller, Senior Manager, Railroad Products and Services, from the Pittsburgh, PA office. He also introduced Jim Miller, Chairman of the Plant Safety 510 August 24, 1999 CUll "";!!"" alld tI,e oll,e, lI,e'llbe, 6. Jilll AliiOld, Ocott Ut. Pielle, Oteven Ilicksoll ðlod Steve Bourne. Supervisor Harrison accepted the checks and expressed RoaTIoke County's appreciation to Koppers Industries for the donations. At the evening session, Chairman Johnson advised that the Board needed to vote to receive and appropriate the funds. Supervisor Harrison moved to accept and appropriate the funds. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Reauest to appropriate $8.734 for eliaibilitv overtime to the Department of Social Services. (Betty McCrarv. Director of Social Services) A.092499-2 Dr. McCrary advised that during June, 1999, two eligibility workers and one senior eligibility worker resigned their positions which left 600 cases uncovered. State and Federal mandates require daily/weekly actions on cases and the costs for ninety hours of overtime have already been paid out of the Social Services department budget. She requested that the Board appropriate $8,734 for eligibility overtime to the Social Services budget. She advised that these funds will be reimbursed from the State at 80/20 rate and the City of Salem will reimburse 33% of the local cost. She asked that Roanoke County's share of the costs, $1,117, be appropriated from the Board Contingency Fund, and to August 24,1999 511 ~ appropriate related revenues of $7,617 from the State and Salem. She advised that one of the positions has been filled and they are seeking to fill the remaining two positions. Supervisor Nickens moved to appropriate the funds ($8,734) with the understanding that County funds of $1,117 be taken out of the department budget if possible and otherwise, Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first readings and set the second readings and public hearings for September 28, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1, First readina of ordinance to rezone approximately 33 acres from AR to R-1 to construct a single familY subdivision. located adiacent to Merriman Road near the Blue Ridae Parkway. Cave Sprina Maaisterial District. upon the petition of Don Bandy. Supervisor Minnix asked that Mr. Harrington meet with him to show him exactly where this property is located. ~ First readina of ordinance to rezone .98 acre from R-3 to C-1 to expand an existina clubhouse. located at 4231 Garst Mill Road. Windsor Hills Maaisterial District. upon the petition of Roanoke 512 August 24, 1999 Rabag. Inc. = IN RE: FIRST READING OF ORDINANCES 1, First readina of an ordinance authorizina acauisition of property on Glenmarv Drive from Philip Trompeter and Connie Hausman for a 24 inches waterline extension into the Roanoke County Center for Research and Technoloav. (Melinda Cox. Economic Development Specialist) Ms. Cox advised that the acquisition of the Trompeter property and a permanent slope and drainage easement on the Grisso property are necessary in order to move forward with completion of the water line for this project. The Trompeter purchase price is $4,000 and the Grisso easement cost is $500. Supervisor Harrison moved to approve the first reading and set the second reading for September 28, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ First readina of an ordinance authorizina acauisition of a permanent slope and drainaae easement on property located on Glenmarv Drive from Emmett I. and Marv Jane Grisso for a 24 inches waterline extension into the Roanoke County Center for Research & Technoloay. (Melinda Cox. Economic Development Specialist) August 24,1999 5~ There was no staff report made. Supervisor Harrison moved to approve the first reading and set the second reading for September 28, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1., First readina of an ordinance to amend the Roanoke County Code. Division 2. Use Value Assessment of Certain Real Estate. Chapter 21. Taxation. to brina it into compliance with amendments to the State Code. (John Birckhead. Director of Real Estate Assessment) Mr. Birckhead advised that the last time that this section of the County Code was updated was in 1989, and that this ordinance is being presented for housekeeping changes to bring the County Code into compliance with State Code. The changes are in the land use section of the Code and generally add language to clarify the existing provisions or provide for date changes for applications. Mr. Birckhead and Mr. Mahoney expressed appreciation to Clay Garrett, a law student at William & Mary and a County intern, for his role in updating the code sections. Mr. Mahoney advised that over the past ten years, there have been a series of minor changes and none are substantive in the program. Supervisor Nickens moved to approve the first reading and set the second reading for September 28, 1999. The motion carried by the following recorded vote: 514 August 24, 1999 ArES. Supervisors Mcl'ílamara, Minnix, Harrison, 1'illcKens, Jonnson - NAYS: None IN RE: APPOINTMENTS 1, Senior and Challenaed Citizens Commission Supervisor Minnix advised that the confirmation of his appointment to this commission was on the Consent Agenda for this meeting. ~ Clean Vallev Council Supervisor Nickens nominated Vince Reynolds to serve another two year term. His term will expire June 30, 2001. 1., Grievance Panel Supervisor Nickens nominated Cecil Hill to serve a three year term. His term will expire September 27, 2002. Supervisor McNamara asked for some background information on Mr. Hill's before the next meeting. ~ Industrial Development Authority Supervisor Harrison advised that Carole Brackman was willing to serve and nominated her for another four year term. Her term will expire September 26, 2003. IN RE: CONSENT AGENDA R-082499-3. R-082499-3.d. R-082499-3.e Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: ~ AYES: August 24,1999 515 Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 082499-3 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 August 24,1999, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Confirmation of committee appointments to the Senior and Challenged Citizens Commission and Parks & Recreation Advisory Commission. 2. Acceptance of $2,000 FACT (Family and Children's Trust Fund of Virginia) Grant by the Police Department for the Violence Against Women's Unit for purchase of cameras 3. Authorization to approve the FY 2000 Performance Contract with Blue Ridge Community Services and to ratify required changes in the by-laws. 4. Acceptance of Hidden Forest Court. Fairway Woods Court and a portion of Hidden Woods Drive into the Virginia Department of Transportation Secondary System. 5. Acceptance of Wertz Orchard Road and the remaining portion of Sulgrave Road into the Virginia Department of Transportation Secondary System. 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 Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 082499-3.d REQUESTING ACCEPTANCE OF HIDDEN FOREST COURT, FAIRWAY WOODS COURT AND A PORTION OF 516 August 24, 1999 HIDDEN WOODS DRl'iE INTO THE VIR61NIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM r- WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department ofTransportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Supervisor Johnson None Required Supervisors McNamara. Minnix. Harrison. Nickens. Johnson None RESOLUTION 082499-3.e REQUESTING ACCEPTANCE OF WERTZ ORCHARD ROAD AND THE REMAINING PORTION OF SULGRAVE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form ~ August 24, 1999 517 SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Reauirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: IN RE: SuDervisor Johnson None Reauired SuDervisors McNamara. Minnix. Harrison. Nickens. Johnson None REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1, ~ 1., ~ §" §. L General Fund Unappropriated Balance Capital Fund Unappropriated Balance Board Continaencv Fund Future School Capital Reserve Statement of Revenues and Expenditures for the one month period endina Julv 31.1999 Accounts Paid - July. 1999 Statement of the Treasurer's Accountabilitv per Investments and Portfolio Policv. as of Julv 31.1999. IN RE: CLOSED MEETING At 3:40 p.m., Supervisor Johnson moved to go into Closed Meeting pursuant 518 August 24,1999 to t.:O€lC at Vlr! IAIS öcetlOA ¿.1 ð4"'1- /\ (I:» UISCI:J5510A eeAeCrAIA! CXf3SA510A at SA existing business or industry where no previous announcement has been made, and Section 2.1- 344 A (7) To discuss a legal matter requiring the provision of legal advice by the County Attorney; namely, contract for sale of surplus water. 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 on school construction projects The work session was held from 4:30 p.m. until 6:10 p.m. with all members of the School Board and Board of Supervisors present. Also in attendance were School Superintendent Dr. Gordon, County Administrator Elmer Hodge, Director of Finance Diane Hyatt, other School and County staff, and Manjit S. Toor, Project Principal, and Dale M. Leidich, Project Director, from Sherertz, Franklin, Crawford, Shaffner, Inc. (SFCS) architects for the South County High School (SCHC). Dr. Gordon advised that the School Board needed to adopt a resolution to participate in the 1999 Fall Virginia Public School Authority Bond Sale for $6,920,000. Ms. Hyatt advised that this is for science lab renovations, preliminary work on Glenvar Middle renovation and preliminary work and land purchase for new SCHS. Mr. Stovall moved to approve the VPSA resolution, seconded by Mr. Leggette, and the motion was approved August 24,1999 ~19 unanimously by recorded vote. Chairman Johnson advised that this work session was scheduled to discuss the School Board's request for an increase in the architects' fees and the changes in the the scope of the Glenvar Middle School (GMS) and South County High School (SCHS) projects. The discussion included: (1) that the costs for GMS have increased from $3.3 million to $7.9 million and costs for SCHS have increased from $28 million to $34 million; (2) that approximately $10 million is needed to complete the projects as designed; (3) whether SCHS could be completed within the original budget and without compromising instructional space; (4) the status and funding of the access road to SCHS; (5) the status offunding and stormwater management for SCHS; and (6) that value engineering has been done for GMS and is anticipated to be done for SCHS by December 1999 if plans go forward now. Supervisor McNamara proposed that a committee of two members from the Board of Supervisors and two members from the School Board meet with the SFCS architects, and it was the consensus of the Board that Supervisors Nickens and McNamara represent the Board of Supervisors at this meeting. Mr. Stovall made a motion to appoint Tom Leggette and Bill Irvin, members ofthe School Board, to meet with Supervisor Nickens and McNamara, other staff, and SFCS architects as soon as possible to discuss ways to reduce costs and move forward with SCHS. The motion was seconded by Mr. Canada and was approved unanimously by recorded vote. It was agreed by all parties that the meeting would be scheduled for Friday, August 29, 1999, at 10:00 a.m. at SCFS's office. 520 August 24,1999 IN RE. D[MON5TRA nON or QUINT rlR[ APPARA TUG A demonstration of Roanoke County's new quint fire apparatus was held in the employee parking lot between 6:10p.m. and 6:30 p.m. Chief of Fire & Rescue Rick Burch and staff conducted the demonstration. IN RE: EVENING SESSION (7:00 P.M.) The Board reconvened at 7:00 p.m. with all members present. IN RE: CERTIFICATION RESOLUTION R-082499-4 At 7:03 p.m., Supervisor Johnson moved to return to open session; that the Closed Meeting was held from 3:40 p.m. until 4:25 p.m., that Supervisor Johnson left the Closed Meeting when Item 5 (economic development prospect) was discussed; and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 082499-4 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting ~" August 24, 1999 521 ==:; requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens. Johnson NAYS: None IN RE: OTHER BUSINESS Chairman Johnson advised that the Board needed to vote on accepting and appropriating the funds donated earlier in the meeting by Koppers Industries, Inc. Supervisor Harrison moved to accept and appropriate the funds. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: NEW BUSINESS 1. Authorization to approve application to participate in the 1999 Fall Virainia Public School Authoritv Bond Sale for $6.920.000. (Diane Hyatt. Finance Director) R-082499-5 Ms. Hyatt advised that the County would like to apply for $6,920,000 in bonds to cover advances that have been made to the Schools for Phase I school construction projects. These bond proceeds are for the following projects: (1) science lab renovations 522 August24,1999 $1,71S,828, (2) JldilililldlY vvu,I\ UII ßI,,"val MiJJle lel,ovðliull : j1G4,600 allJ (3) = preliminary work and land purchase for new South County High School $5,026,172. The first debt payment will not occur until the 2000/2001 fiscal year and debt payments of approximately $854,620 will be included in future budget years. She asked for approval of the resolution to participate in the 1999 Fall VPSA Bond Sale for $6,920.000. Supervisor Harrison moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 082499-5 AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR $6,920,000 WHEREAS, the Roanoke County School Board ("School Board") and the Board of Supervisors ("Board of Supervisors") of the County of Roanoke, Virginia ("County") have determined that it is advisable to contract a debt and issue general obligation bonds of the County in an amount not to exceed $6,920,000 to finance certain capital projects for public school purposes and to sell the Bonds to the Virginia Public School Authority ("VPSA"); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The County Administrator is authorized and directed to execute and deliver an application to the VPSA in order to sell the Bonds to the VPSA at the Fall 1999 VPSA bond sale. 2. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of acquiring, constructing and equipping the capital projects for school purposes from the proceeds of its debt or other financings. The maximum amount of debt or other financing expected to be issued for such improvements is $6,920,000. 3. This resolution shall take effect immediately. 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 "", August 24, 1999 523 = IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1, Second readina of a ordinance to obtain a Special Use Permit for a life care facility. located at the intersection of Hershberaer and Florist Roads. Hollins Maaisterial District. upon the petition of Friendship Manor. Inc. (Terrv Harrinaton. County Planner) (CONTINUED FROM JULY 27.1999) Mr. Harrington advised that this is the petition of Friendship Manor, Inc. for a special use permit which would reassert the rights of Friendship Manor to operate this facility and would confirm their right to expand the facility in accordance with the concept plan dated May 7, 1999. Currently there are approximately 312 apartment type units in this complex and an approximately 373 bed convalescent facility on the property. The proposal to build out the project in future years would add approximately 120 life lease apartments and one proposed 120 unit expansion to the convalescent care facility. New parking areas would also be provided. The project was originally approved by the Board in 1979 through a combination of commercial and residential zoning districts on the property. In 1992, as part of the comprehensive rezoning of the County, the entire 40 acres were rezoned to commercial because at that time, a life care facility was allowed by special use permit under the C-2 zoning as it continues to be now. Access is currently off Herseberger Road and Florist Road which is located within the City of Roanoke. Any new access points off Florist Road would be approved by VDOT and City of Roanoke. Roanoke County would be responsible for reviewing and approving any additional entrances onto Hershberger Road, but there are none proposed. The significant issues regarding this expansion are 524 August 24, 1999 ¡¡wrrr I'"'¡¡ (\!I' I""'""':"¡';#"I';#III "'"I.! (JuIJIII'; >iW""(';\!I>i 111';#'."'L""WII"IIII"llIrll"II"~III J"""I"'1 i== contributes to the Carvins Creek stormwater flow which contributes to periodic flooding within the Palm Valley Subdivison. There have been approximately 188 fire and rescue calls to the facility from January 1999 to July 1999 with most of them being to the nursing center or the convalescent center and not the life lease apartments. Fire & Rescue estimates that there will be 82 new calls resulting from the expansion of the facility at build- out. Since this was reviewed by the Planning Commission two months ago, staff is proposing that two conditions be attached: (1) that any future build-out and development of the site shall be in general conformance with conceptual plan entitled "Exhibit A" Friendship Manor Retirement Community, prepared by Lumsden Associates and dated May 7, 1999 and (2) all required stormwater management improvements that are associated with future development of the site will be designed and constructed to accommodate projected stormwater flows associated with the ultimate build-out of the site instead of incrementally increasing and improving the stormwater management system with each subsequent building or parking lot. As part of these improvements, all discharge from any stormwater management pond, either existing or proposed if a second pond is necessary, would be re-directed downstream as far as possible to reduce the amount of Friendship Manor related stormwater on Brookside Subdivision. Supervisor Nickens questioned whether it was necessary for the Board to approve or deny the special use permit given the fact that Friendship Manor had a guaranteed right to build out the project from 1979 forward. Mr. Harrington advised that according to the Roanoke County Zoning Ordinance adopted in 1992, the only reason August 24,1999 525 ==='i Friendship Manor had a non-conforming use is that they did not have the permit and that was the basis for his opinion as Zoning Administrator to Friendship Manor that they did not need the special use permit in order to proceed with the expansion. However, the legal advisors for Friendship Manor advised them to petition for the special use permit. Supervisor Johnson advised that he concurred with Mr. Hodge's recommendation to refer this matter back to the Planning Commission to clarify the issues regarding stormwater management and public services. Supervisor Nickens suggested that condition two be expanded to add that the maintenance of the stormwater management improvements be at the expense of the property owner. Supervisor Johnson moved to refer this item back to the Planning Commission. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Second readina of ordinance to rezone approximately 9.1 acres from 1-2 to R-1 with conditions to construct a sinale family residence in the 5700 block of West River Road. Catawba Maaisterial District. upon the petition of Harold Horn. (Terrv Harrinaton. County Planner) 0-082499-6 Mr. Harrington advised that this is a request to rezone approximately 9 acres to allow the current owner of the land to transfer the parcel to a member of his family for 526 August 24,1999 11;">"'1;""',,"' "I;"'I;'I"I'III~IIL III" r-lõlllllllI!oI . "1111111:;:;1"11 1~'V"IIIIIIWIIU\j1.l illJlJllI""'1 "/i!h gAg c= condition: (1) the subject property will not be subdivided except pursuant to a family exemption under the Roanoke County Subdivision Ordinance, and, in such case, that no more than two lots will be created out ofthe subject property. There was no discussion and no citizens present to speak on the issue. Supervisor Harrison moved to adopt the ordinance with conditions. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 082499-6 TO CHANGE THE ZONING CLASSIFICATION OF A 9.01-ACRE TRACT OF REAL ESTATE LOCATED IN THE 5700 BLOCK OF WEST RIVER ROAD (TAX MAP NO. 64.03-1-25) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF 1-2 TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF HAROLD HORN WHEREAS, the first reading of this ordinance was held on July 27,1999, and the second reading and public hearing were held August 24, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 3, 1999; and WHEREAS, legal notice and advertisement has been provided as required by law. as follows: BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, 1. Thatthe zoning classification of a certain tract of real estate containing 9.10-acres, as described herein, and located in the 5700 block of West River Road (Tax Map Number 64.03-1-25) in the Catawba Magisterial District, is hereby changed from the zoning classification of 1-2, Industrial District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Harold Horn. 3. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (a) The subject property will not be subdivided except pursuant to a family exemption under the Roanoke County Subdivision Ordinance August 24, 1999 527 ==I and, in such case, that no more than two lots will be created out of the subject property. That said real estate is more fully described as follows: Beginning at a point on the north side of Virginia Secondary Route 639 at the southeast corner of Tract 2 containing 11.745 acres (Tax Map No. 64.03-1-25.1); thence N. 12 °.15' E. 652.46 feet to a point; thence N. 71 °.04' 30" E. 481.27 feet to a point; thence S. 22 °. 30' E. 568 feet to a point on the north side of Virginia Secondary Route 639; thence proceeding with the north side of Virginia Secondary Route 639 to the point and place of beginning, all as more particularly shown on a plat entitled "Rezoning plat for Harold Horn showing Tract 1, 12.656 acres, Estate of Adrienne G. Carter Subdivision, P.B. 16, Pg. 74, Situate on West River Road - VA. Sec. Rte. #639" prepared by T. P. Parker & Son, dated 14 May 1999. 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 ofthis 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 with conditions, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 4. 1., Second readina of ordinance to rezone approximatelv 1.95 acres from C-2 to R-3 to construct apartments located in the 7300 block of South Barrens Road. Hollins Maaisterial District. upon the petition of Peters Creek Associates. LP. (Terrv Harrinaton. County Planner) 0-082499-7 Mr. Harrington advised that this is an unconditional request to rezone one parcel totaling 1.9506 acres to construct the third phase of Peters Creek Apartments, a division of Castle Development Corporation. This phase will consist of two buildings and the maximum density is twelve units per acre. The Planning Commissions recommended 528 August 24, 1999 iil'I'I""iil'.'ltllll""'lIldILI"II>i 1111II11II'"'¡,¡¡¡m]ldl>i"I>i"'I"II&IIUII"'IlI"'-IIIII¡¡IJIIII¡¡1II1IL19¡¡¡¡ä¡'¡Kgn - the issue. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 082499-7 TO CHANGE THE ZONING CLASSIFICATION OF A 1.95-ACRE TRACT OF REAL ESTATE LOCATED IN THE 7300 BLOCK OF SOUTH BARRENS ROAD (TAX MAP NO. 27.14-2-7.1) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2 TO THE ZONING CLASSIFICATION OF R-3 UPON THE APPLICATION OF PETERS CREEK ASSOCIATES, LP WHEREAS, the first reading ofthis ordinance was held on July 27, 1999, and the second reading and public hearing were held August 24, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 3, 1999; and WHEREAS, legal notice and advertisement has been provided as required by law. 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 1.95 acres, as described herein, and located in the 7300 block of South Barrens Road (Tax Map Number 27.14-2-7.1) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2, General Commercial District, to the zoning classification of R-3, Medium Density Multi-Family Residential District. 2. That this action is taken upon the application of Peters Creek Associates, LP. 3. That said real estate is more fully described as follows: A piece or parcel of land being, lying and situate in the Hollins Magisterial District of Roanoke County, Virginia, and being designated as a portion of Tract D, Zoned C-2, as shown on the certain plat entitled "Plat of Subdivision of a portion of Parcels 1 and 2 for Friendship Manor Apartment Corporation" dated August27, 1997, and prepared by Horton & Dodd, P.C. and more particularly described as follows: BEGINNING at a pipe (f) on the northeast corner of Tract D as shown on said plat; thence S. 13 °. 37' 30" W. 408.91 feet to a point; thence N. 84 °. 22' 21"W. 91.56 feet to a point; thence N. 40 °. --~ August24,1999 529 15' 01" W. 218.21 feet to a point; thence along the zoning line N. 36 °.48' 26" E. 360.22 feet to a point; thence S. 59 °. 25' 36" E. 130.81 feet to the Point of Beginning, containing 84,968 sq. ft. or 1.9506 acres. 4. 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 Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Second readina of ordinance to obtain a Special Use Permit for an accessorv apartment. located at 3527 Chaparral Drive. Cave Spring Maaisterial District. upon the petition of Paul and Darlene Zelenak. (Terrv Harrinaton. County Planner) 0-082499-8 Mr. Harrington advised that this is a request to obtain a special use permit for an accessory apartment to provide living quarters for Mrs. Zelenak's elderly parents. The accessory apartment would be an addition to the rear of the house. The Planning Commission recommended approval with the condition that the apartment shall only be used as a residence for members of the owner's family, or as a residence for a person caring for a member of the owner's family. In response to Supervisor Nickens' inquiry, Mr. Harrington explained that this special use condition is not recorded in the deed for future purchasers but if it is used inappropriately, the condition could be enforced. Mr. Ray E. Straub, 3524 Verona Trail, advised that he had no objection to the request but he does not want the retaining wall between his property and the Zelenaks ---- 530 August 24, 1999 gl¡i'l.Inl~g ~11 ":::'¡¡I¡¡lliI'iIIY"I~ij"lIl"LlIl"""""I';')II""II"'II"'I(,"".'IIII""I",;I"'U";",>,,I,... = retaining wall and will provide more support for it. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None ORDINANCE 082499-8 GRANTING A SPECIAL USE PERMIT TO PAUL AND DARLENE ZELENAK FOR AN ACCESSORY APARTMENT TO BE LOCATED AT 3527 CHAPARRAL DRIVE (TAX MAP NO. 87.10-8-7.6), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Paul and Darlene Zelenak have filed a petition for a special use permit for an accessory apartment to be located at 3527 Chaparral Drive (Tax Map No. 87.10-8-7.6) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 3, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 27, 1999; the second reading and public hearing on this matter was held on August 24, 1999. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Paul and Darlene Zelenak for an accessory apartment to be located at 3527 Chaparral Drive (Tax Map No. 87.10-8-7.6) in the Cave Spring Magisterial District is substantially in accord with the adopted 1999 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following condition: (a) The apartment shall only be used as a residence for members of the owner's family, or as a residence for a person caring for a member of the owner's family. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: "" August 24,1999 531 AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None ~ Second readina of ordinance to obtain a Special Use Permit to allow the expansion of an existina church. located at 3028 Penn Forest Blvd.. Cave Sprina Maaisterial District. upon the petition of Penn Forest Christian Church. (Terrv Harrinaton. Countv Planner) 0-082499-9 Mr. Harrington advised that this is a request for a special use permit to construct a stormwater detention pond behind Penn Forest Christian Church on an empty plot southeast of the existing church. In March, 1997, the Board approved a special use permit for the church to add a 12,940 foot fellowship hall at the rear of the church. With this application, a proposal for a detention pond in the southwest corner of the church property was submitted but now they want to add an additional pond on an adjoining tract of land. Since the land the church is purchasing was not part of the original special use permit, the church must now obtain a special use permit. The new location is at the lowest point on the property and eliminates the need for underground drainage pipes. The Planning Commission recommended approval of the special use permit with no conditions. There was no discussion and no citizens present 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 532 August 24,1999 >jUT:;' l'IYlIW ORDINANCE 082499-9 GRANTING A SPECIAL USE PERMIT TO PENN FOREST CHRISTIAN CHURCH TO ALLOW THE EXPANSION OF AN EXISTING CHURCH TO BE LOCATED AT 3028 PENN FOREST BLVD. (TAX MAP NO. 87.06-3-9), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Penn Forest Christian Church has filed a petition for a special use permit to allow the expansion of an existing church to be located at 3028 Penn Forest Blvd. (Tax Map No. 87.06-3-9) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 3, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 27, 1999; the second reading and public hearing on this matter was held on August 24, 1999. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Penn Forest Christian Church to allow the expansion of an existing church to be located at 3028 Penn Forest Blvd. (Tax Map No. 87.06-3-9) in the Cave Spring Magisterial District is substantially in accord with the adopted 1999 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNqrnara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Second readina of ordinance to rezone approximately 0.87 acre from C-1 C to C-1 to remove conditions to allow a dental office. located at 4736 Starkev Road. Cave Sprina Maaisterial District. upon the petition of H. Patrick Russell II. (Terrv Harrinaton. County Planner) August 24,1999 533 0-082499-10 Mr. Harrington advised that this is a request to rezone property to remove four proffered conditions. Dr. Russell is requesting to make site changes for his dental practice, including enlargement ofthe building. In 1987, the previous property owner had a rezoning approved from R-3 to B-1 with four proffered conditions. The intended use at that time was for an editorial office for religious publications. The four proffers to be removed are: (1) The existing structure will be utilized without enlargement. (2) The petitioner will work with the adjoining landowner in an effort to obtain access onto Hunting Hills Drive for the entrance to the property. If efforts are unsuccessful, the driveway and parking plan will be in accordance with the site plan prepared by Ronald Martin, Architect. (3) There will be no printing in connection with the business. (4) The sign constructed on the property will not be larger than twenty-four (24) square feet. The Planning Commission recommended approval of the rezoning without conditions. There was no discussion and no citizens present 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 082499-10 TO CHANGE THE ZONING CLASSIFICATION OF A 0.86-ACRE TRACT OF REAL ESTATE LOCATED AT 4736 STARKEY ROAD (TAX MAP NO. 87.07-1-17) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1C TO THE ZONING CLASSIFICATION OF C-1 UPON THE APPLICATION OF H. PATRICK RUSSELL WHEREAS, the first reading ofthis ordinance was held on July 27, 1999, and 534 August 24,1999 tile seGone roaelll~ ane [31,/8I1G noanfl§ W~I~ ¡~I!" ~bI¡jbl"'l £'1, 1"10'1:,1:1, ¡jll~, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 3, 1999; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 0.86 acres, as described herein, and located at 4736 Starkey Road (Tax Map Number 87.07-1-17) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-1 C, Office District, Conditional, to the zoning classification of C-1, Office District. That this action is taken upon the application of H. Patrick Russell. That said real estate is more fully described as follows: BEGINNING at an old iron pin on the northeasterly corner of the intersection of State Route 904 (formerly Route 119) and the former Old Baird Mining Road, now or formerly the property of Old Heritage Corp.; thence leaving said beginning point and with the easterly line of said Route 904, N. 11 °. 08' 27" E. 125.30 feet to an old pipe on the same; thence leaving said road and with the line of the property now or formerly the property of Harless D. Pickett S. 73 °. 05' E. 342.35 feet to an old pipe on the line of the property now or formerly Kenneth D. Tuck (DB 1120, pages 480-482); thence with the same S. 21 °.48' 01" W. 167.53 feet to an old pipe on the line of said Old Heritage Corp. property; thence with the same the following six courses and distances: N. 36 °. 53' W. 83.0 feet, N. 49 °. 23' W. 35.5 feet, N. 64 °.08' W. 40.0 feet, N. 72 °. 38' W. 50.0 feet, N. 83 °. 23' W. 95.4 feet, and S. 88 °.56' W. 34.3 feet to the Place of Beginning and containing 0.8666 acres as shown on plat prepared for Harry P. Russell and Eileen A. Russell by Jack G. Bess, CLS, dated December 8, 1988. 4. 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 Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. 3. L Second readina of ordinance to rezone approximately 6.73 acres from C-2 to R-4 with conditions to construct multi-familv ~" August24,1999 535 residences located in the 3700 block of Challenaer Avenue. Hollins Maaisterial District. upon the petition of Golden Homes. Inc. (Terrv Harrinaton. County Planner) 0-082499-11 Mr. Harrington advised that this is an unconditional request to rezone a 6.73 acre parcel to construct a mixed-use residential complex adjacent to the Roanoke County/City boundary off U. S. 460 East. The Planning Commission recommended approval with the following three proffered conditions: (1) A maximum of 54 total residential units will be constructed. (2) Freestanding exterior lighting shall not exceed 14 feet in height. (3) Where existing perimeter vegetation (minimum 15 foot natural buffer) cannot be maintained, Type B, Option 2 screening and buffering or an equivalent innovative landscape design shall be employed along the site's south, east and north boundaries. Supervisor Nickens expressed his concern about there being no provisions for recreation space for the 54 units and there being no County park in the area. Mr. Harrington advised that the County does not require an active recreation area with this zoning but does require 15% open space and that the site exceeds this. In response to Supervisor Nickens, Architect Jyke Jones advised that this project is proposed for middle income families and at this time there is no other facility similar to this in Roanoke County. He reported that smaller recreation areas will be developed such as walking trails but the site has fairly severe topography which limits the amount of recreation activity, and which has limited the site for commercial uses. There were no citizens present to speak on this issue. 536 August 24,1999 ~'lfJ"""I' j"II'"""'I""I""""'L""""I...I,e"..lrl"I"",.",I",",1";"11" 11,... motion carried by the following recorded vote: AYES: NAYS: ABSTAIN: Supervisors McNamara, Minnix, Harrison, Nickens None Supervisor Johnson ORDINANCE 082499-11 TO CHANGE THE ZONING CLASSIFICATION OF A6.73-ACRE TRACT OF REAL ESTATE LOCATED IN THE 3700 BLOCK OF CHALLENGER AVENUE (TAX MAP NO. 50.01-1-1) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2 TO THE ZONING CLASSIFICATION OF R-4 WITH CONDITIONS UPON THE APPLICATION OF GOLDEN HOMES, INC. WHEREAS, the first reading of this ordinance was held on July 27,1999, and the second reading and public hearing were held August 24,1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 3, 1999; and WHEREAS, legal notice and advertisement has been provided as required 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 6.73 acres, as described herein, and located in the 3700 block of Challenger Avenue (Tax Map Number 50.01-1-1) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2, General Commercial District, to the zoning classification of R-4, High Density Multi-Family Residential District. 2. That this action is taken upon the application of Golden Homes, Inc. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 4. (a) A maximum of 54 total residential units will be constructed. (b) Freestanding exterior lighting shall not exceed 14 feet in height. (c) Where existing perimeter vegetation (minimum 15 foot natural buffer) cannot be maintained, Type B, Option 2 screening and buffering or an equivalent innovative landscape design shall be employed along the site's south, east, and north boundaries. That said real estate is more fully described as follows: BEGINNING at a point on the west side of Challanger Avenue approximately 260 feet north of the Roanoke City/Roanoke County boundary, S. 70 °. 43' 00" E. 259.42 feet; thence S. 33 °. 28' 04" E. - August 24,1999 ~17 90.79 feet; thence S. 68 o. 40' 39" E. 41.17 feet; thence N. 47 o. 27' 02" E. 136.00 feet; thence N. 69 o. 15' 07" E. 98.99 feet; thence S. 66 0.24' 56" E. 384.75 feet; thence S. 21 0.51' 38" E. 461.64 feet; thence N. 70 o. 43' 0" W. 947.58 feet; thence N. 210.30' 14" E. 174.49 feet; thence N. 70 o. 43' 00" W. 280.67 feet; thence N. 35 o. 12' 22" E. 65.75 feet; thence N. 34 o. 34' 31" E. 12.21 feet to the Point of Beginning. 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 Nickens to adopt the ordinance with conditions, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson .It, Second readina of ordinance to rezone 17.11 acres from C-2C to 1-1 with conditions to expand a parkina lot and construct a trainina facilitv.located at 5673 Airport Road. Hollins Maaisterial District. upon the petition of Advance Stores. Inc. (Terry Harrinaton. County Planner) 0-082499-12 Mr. Hodge gave an overview of this request by Advance Stores to expand their existing headquarters office on Airport Road. This issue began almost a year ago when Advance Stores purchased Western Auto and there was a possibility of them moving the headquarters to Kansas City. County staff has been working throughout this year to keep Advance Stores in the County and a number of issues have been addressed including whether to have one zoning category for this project, either down zoning to commercial or up zoning the 17 acres to industrial. The 17 acres was zoned C2-C, commercial with 538 August 24,1999 conditions, several yeõ,6 a\:lu vvl,ell3l,el,ðl,doòl, 11011"", vvab il,telebl"d ill LuilJill\:l a lulI\:I term facility. The other issues were road traffic, the need for a signal light, stormwater management and how to protect the residential community from the impact of this project with industrial zoning. Advance Stores requested industrial rezoning rather than commercial, so staff worked to obtain proffers for a larger buffer area, additional planting of trees, lighting restriction, noise requirement, and having certain categories of uses not allowed. He advised that in addition to the 400 jobs that are being retained, Advance Stores plans to add another 200 jobs. He asked that the Board approve the rezoning. Mr. Tony Riquelmy, 5756 Sierra Drive, spoke of his concerns about the project asking if the C-2 zoning could be retained, if the space is large enough for future growth, if they should be in an industrial park, if the County could add the proffer that they could not sell part of their property to another industrial partner, and concerns about stormwater management, the parking lot, buffer zone, and greenways. Supervisor Nickens advised that he was comfortable with the proffers as presented at this meeting since most of the industrial zoning uses have been proffered out except warehouse and distribution which is unlikely to ever be used. Supervisor Johnson advises that this has not been an easy issue, that he feels that the revised proffers offer protection for the neighborhood and commended staff for going out of their way to accommodate the needs of the neighborhood. Supervisor Johnson moved to adopt the ordinance with conditions. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson August 24,1999 539 NAYS: None ORDINANCE 082499-12 TO CHANGE THE ZONING CLASSIFICATION OF A 17.1-ACRE TRACT OF REAL ESTATE LOCATED AT 5673 AIRPORT ROAD (TAX MAP NO. 38.14-1-5) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2C TO THE ZONING CLASSIFICATION OF 1-1 WITH CONDITIONS UPON THE APPLICATION OF ADVANCE STORES CO., INC. WHEREAS, the first reading ofthis ordinance was held on July 27,1999, and the second reading and public hearing were held August 24, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 3, 1999; and WHEREAS, legal notice and advertisement has been provided as required by law. as follows: BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, 1. Thatthe zoning classification of a certain tract of real estate containing 17.1 acres, as described herein, and located at 5673 Airport Road (Tax Map Number 38.14-1-5) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2C, General Commercial District, Conditional, to the zoning classification of 1-1, Industrial District. 2. That this action is taken upon the application of Advance Stores Co., Inc. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Access to and from the property shall be over right-of-ways connecting to Airport Road. An emergency access point to the Property shall be constructed at the terminus of Woodbury Avenue. (2) Advance will donate to Roanoke County the portions of the property that are designated for the "T -turnarounds, n to be constructed by Roanoke County at its expense, at the existing terminus of both Santa Anita Terrace and Sierra Drive. (3) Any building on the Property shall be at least 100 feet distant from adjacent property zoned R-1, fifty (50) feet of which shall be the buffer set forth in Proffer #4. Paved parking, driving lanes and fire lanes may be as close as fifty (50) feet to adjacent property zoned R- 1, including the establishment of the thirty-five (35) foot buffer set forth in Option 2 of the Screening requirements as provided in Proffer #4. (4) A buffer zone of fifty (50) feet in width, including the thirty-five (35) foot buffer set forth in Option 2 of the Screening requirements in Zoning Ordinance Section 30-92-4 selected by Advance, shall be established on the portion of the Property adjacent to properties 540 August 24, 1999 4. ZOAcå r( 1. I fiE) tfliF!Y five (65) Teet eUffcr 3et tORI'! If! U 9tIOf! ;¿ Of tl'!e Screening requirements shall be a buffer yard of large evergreen trees, small evergreen trees and one (1) row of evergreen shrubs. The remaining fifteen (15) foot portion of the fifty (50) foot buffer shall consist of grass to be maintained by Advance. (5) Lighting within parking lots and on that portion of any building located on the Property shall be directed to point away from adjacent property zoned R-1. (6) Pallets and shipping materials shall not be stored permanently on the Property, other than on the inside of buildings constructed on the Property. (7) The measured noise emissions from any uses on the Property under Section 30-61-2(A)(5) of the Zoning Ordinance shall not exceed an average LEO of 80 dba for more than a continuous one (1) hour period of time at the boundary line of the Property with adjacent property zoned R-1. (8) The following 1-1 uses, by right, will not be permitted on the Property: (a) Truck Terminal; (b) Transportation Terminal; (c) Landfill, Rubble; (d) Recycling Centers and Stations; and (e) Automobile Repair Services, Major. That said real estate is more fully described as follows: BEGINNING at a point designated as Point 1 on that certain plot dated October 6, 1980, by Buford T. Lumsden & Associates, CLS, recorded herewith and made a part hereof, on the east side of Airport Road at the point of intersection with the southwestern corner of the property of Stone Printing Company; thence with a curve to the left whose arc distance is 38.89 feet and radius is 25.0 feet and chord bearing is S. 85 °. 40' 45" E. to Point 2; thence with the boundary line of Stone Printing Company N. 52 °. 45' E. 661.42 feet to Point 3; thence continuing with the Stone Printing Company boundary line N. 31 °.44' 27" W. 478.20 feet to Point 4; thence with the line of Blue Ridge Memorial Gardens Inc. N. 21 °.31' 47" 108.13 feet to Point 5; thence N. 67 °. 49' E. 676.26 feet to Point 6; thence S. 16 °. 58' E. 911.45 feet to Point 7; thence S. 17 °. 14' 18" E. 366.89 feet to Point 8; thence S. 54 °. 01' W. 229.26 feet to Point 9; thence with a curve to the right, whose arc distance is 197.32 feet and radius is 40.0 feet and chord bearing is s. 54 °. 01' 00" W. to Point 10; thence S. 54 °.01' W.195.73feetto Point 11;thence N. 37 °. 43'W. 284.94 feet to Point 12; thence with the boundary line of the property of C & P Telephone Company of Virginia, N. 52 °. 45' E. 192.41 feet to Point 13; thence continuing with the boundary of said C & P Telephone Company of August 24,1999 "4J - Virginia, N. 38 o. 06' 30" W. 450 feet to Point 14; thence continuing with the boundary of said property of C & P Telephone Company of Virginia, S. 52 0.45' W. 685.00 feet to Point 15 on the easterly side of Airport Road where it intersects with the northwestern corner of the property of C & P Telephone Company of Virginia; thence N. 34 0.38' 15" W. 74.70 feet to Point 1, the Place of Beginning, and consisting 17.11 acres, as shown on said plat of property dated 6 October 1980 made by Buford T. Lumsden & Associates, P. C. 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 Johnson to adopt the ordinance with conditions, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None i, Second readina of ordinance to rezone approximately 1.05 acres from C-1 to C-2 to construct a florist. located at 4004 Challenger Avenue. Hollins Maaisterial District. upon the petition of Robert L. Metz. (Terrv Harrinaton. County Planner) 0-082499-13 - DENIAL Mr. Harrington advised that this is an unconditional request to rezone from C-1, Office Commercial, to C-2, General Commercial, to operate a florist shop. The property is currently designated as transition in the Community Plan and C-1 zoning is consistent with that designation. The Planning Commission asked the petitioner and the contract purchaser if they would proffer out commercial uses and limit the C-2 uses to personal service uses which include florist, dry cleaners, and barber shops, ThePlanning Commission recommended denial ofthe request since the contract purchaser, Mark Frye, indicated that he did not want to restrict the use of the property. Mr. Harrington advised 542 August 24,1999 tI,at vvitl,out !ucn i!ll'rotter, the pi ope, ty vvuuld be avallðble for any use allovved vvitnin C 2 =: zoning district or with a special use permit if such a request were made in the future to the Board. Mr. Robert Mertz, petitioner, 4361 Heather Drive, advised that they had a community meeting on July 22, 1999 and the citizens were told specifically that they were asking for the rezoning to be C-2 and there was no opposition. He advised that Villa Heights Baptist Church and Harvest Ministries Church of God of Prophecy, both located on Challenger Avenue, wrote letters indicating that they had no objections to the rezoning. He also advised that he had petitions signed by many citizens who supported the rezoning. Supervisor Johnson advised that the Board could not accept a proffer at this time to restrict the use of the property but asked Mr. Frye if he thought a delay was advisable for him to consider such a proffer. Mr. Frye indicated that he did not need additional time and asked that the property be zoned C-2. Supervisor Johnson moved to DENY the rezoning. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None DENIAL OF ORDINANCE 082499-13 TO CHANGE THE ZONING CLASSIFICATION OF A 1.05-ACRE TRACT OF REAL ESTATE LOCATED AT 4004 CHALLENGER AVENUE (TAX MAP NO. 50.05-1-1) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION OF C-2 UPON THE APPLICATION OF ROBERT L. METZ WHEREAS, the first reading ofthis ordinance was held on July 27, 1999, and the second reading and public hearing were held August 24, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing August 24,1999 54J on this matter on August 3, 1999; and WHEREAS, legal notice and advertisement has been provided as required by law. as follows: BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, On motion of Supervisor Johnson to DENY the rezoning, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: CITIZENS' COMMENTS AND COMMUNICATIONS Steve Noble. 5376 Canter Drive. complimented the board on their recent actions and working with the City of Roanoke on water concerns. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: He advised that the Board was briefed on the water situation earlier in the meeting and he wanted to reassure citizens that some relief will be given in reducing their water bills as soon as possible. Supervisor Harrison: He advised that the Board held a work session with the School Board during the afternoon and complimented the members on their behavior and restraint. He thanked Supervisors McNamara and Nickens for volunteering to meet with the two School Board members and the architects for South County High School to look at costs. Supervisor Nickens: (1) He gave Mr. Hodge several changes to his goals for the current fiscal year which were distributed to the Board members. (2) He advised that the Senior and Challenged Commission gave proposals at the Board work session on January 12, 1999 and that Chairman Johnson sent a letter on June 14, 1999 to the School 544 August 24,1999 Bu",J CI,a;, a""';II¡j fu, èt """[JUII"'" lu tI", [Jlu[Ju",al::. "lid abu "",I\."J fu, " ",6[JUII"'" tvvu Board meetings ago. He asked Chairman Johnson to send another letter to the School Board Chair. (3) He advised that he attended a meeting with Supervisor Minnix, Mr. Mahoney, Mr. Hodge and citizens to discuss concerns about the Rising Star Athletic Complex and he asked that this situation be kept under review and scrutiny. (4) He advised that a recent court cases modifies what can be done to restrict clear cutting and chip mill production and advised that we need to look at this matter to protect our trees. Supervisor Harrison concurred with his concerns. Supervisor McNamara: (1) He advised that he feels that there are opportunities to lower the water rates in the near future, and answered several citizen questions that he has been asked about using savings and cost of water. (2) He advised that Glenvar Middle School and South County High School projects are not dead and that he hopes to have good information on the projects in the near future. Supervisor Johnson: (1) He advised that he feels it is the right decision to reduce water rates and asked staff to contact the consultant, Draper Arden, to start the process of revising the rate structure and ratios. He advised that the water contract with Roanoke City should be ready for approval by the September 14, 1999 meeting. (2) He advised that the schools opened today with approximately 13,700 children; that the new Bonsack Elementary School opened today; and that renovations were made to other elementary schools, such as Clearbrook and Burlington. He advised that the Glenvar Middle School and South County High School projects are about $10 million over budget and that a meeting will be held Friday, August 27, 1999 at 10:00 a.m. to discuss the August 24, 1999 545 situation. Supervisor Minnix advised that the renovated Clearbrook Elementary School had a successful opening due to the team efforts and expressed his appreciation to all involved. IN RE: ADJOURNMENT At 8:25 p.m., Chairman Johnson adjourned the meeting. Submitted by, Approved by, ~~ Chairman ~d-~. ~ Brenda J. H ton, CMC Deputy Clerk to the Board 546 August 24, 1999 This page left blank intentionally.