HomeMy WebLinkAbout8/24/1999 - Regular
August 24,1999
507
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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.
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August 24,1999
IN RE.
REQUESTS TO POSTPONE, ADD TO, Oft CHAN6E THE ORDER OF
AGENDA ITEMS
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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
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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
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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
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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.
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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.
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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
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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
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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:
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August 24, 1999
ArES.
Supervisors Mcl'ílamara, Minnix, Harrison, 1'illcKens, Jonnson
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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.
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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.
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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:
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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
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August 24, 1999
HIDDEN WOODS DRl'iE INTO THE VIR61NIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM
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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
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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,
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§.
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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
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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
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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.
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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
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August 24, 1999
521
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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)
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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
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August 24, 1999
523
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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
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August 24, 1999
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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
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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
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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
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August 24,1999
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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! U9tIOf! ;¿ 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
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