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HomeMy WebLinkAbout10/26/1999 - Regular ~, October 26, 1999 647 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 26, 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 October, 1999. IN RE: 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, Joseph McNamara, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Assistant County Administrator. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF / 648 October 26, 1999 i.=:: AGENDA ITEMS Mr. Hodge added a work session to this meeting on McDonald Farm. Chairman Johnson requested that the second reading of the Cluster Housing Ordinance be postponed until after a work session at the November 9, 1999 Board meeting. There was no objection to the postponement, but it was agreed that the public hearing would be held at the evening session. IN RE: PROCLAMATION, RESOLUTIONS, RECOGNITIONS AND AWARDS 1" Proclamation declarina October 24 - 31. 1999 as Red Ribbon Week in Roanoke County. Chairman Johnson presented the proclamation to Mary Gwen Parker, SecretarylTreasurer for the Roanoke Area Youth Substance Abuse Coalition. (RA YSAC). Supervisor Minnix moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Recoanize Roanoke Countv Police DeDartmentfor beina selected as the winner in the Safe School Environment Award Cateaorv of the 1999 Governor's New PartnershiD Communitv Safetv Awards Proaram. Chairman Johnson presented the plaque to Chief Lavinder, Lt. Gary Roche, ~ October 26, 1999 649 ~gt. JetTrey ::;wortzel, Lt. I errell HOlOrooK, ana uTTlcer 11m Miles. ur. \.;ioraon, ::.cnool Superintendent; Jim Gallion, Assistant Superintendent; and School Board member Mike Stovall were also present. INRE: NEW BUSINESS 1" Reauest from Social Services to aDDroDriate $41.800 for TemDorarv Assistance to Needv Families - Familv Violence Intervention Services. (Dr. Bettv McCrarv. Social Services Director) A-102699- 1 Dr. McCrary advised that a new policy in the Temporary Assistance to Needed Families program requires the local department of Social Services to screen T ANF applicants for family violence and other services to reduce or eliminate this barrier to employment. The Department of Social Services submitted a proposal and was approved to receive $41 ,800 for the employment of a full time social worker to provide family violence intervention services. This appropriation is 100% reimbursable Federal money and continued funding may be requested after the initial 12 month period. The Family Violence Intervention Worker position is the first approved position of this kind in the State. The proposal was developed with the assistance of Judge Philip Trompeter, J&D Court, Project LINK (Substance abuse treatment with Blue Ridge Community Services), Roanoke County Police Department and the Domestic Violence Coalition. There was no discussion. Supervisor Nickens moved to appropriate the funds. The motion carried by / 650 October 26, 1999 the TOIIOWlng recoraea vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None 2. Reauest to aDDrove Roanoke Countv comDliance with Pre-Grant Communitv DeveloDment Block Grant reauirements ICDBG) for Advance Auto $700.000 arant bv the adoDtion of: la) Local Business And EmDlovment Plan: Ib) Fair Housina Certification: and (c) Residential Anti-DisDlacement and Relocation Assistance Plan. A-102699-2a: A-102699-2.b: A-102699-2.c Mr. Harrington advised that Roanoke County has been notified by the Virginia Department of housing and Community Development that the County is eligible to receive a $700,000 Community Development Block Grant for the Advance Auto Parts/Boxley Hills Stormwater Improvement Project. The project involves the construction of upgraded and new stormwater management facilities in the Boxley Hills community. Completion of these facilities will allow the expansion of the corporate offices of Advance Auto Parts Inc., with the corresponding employment and economic benefits. The actual grant award is contingent upon many factors, including completion of a variety of pre-grant requirements and adoption of three documents. The first document to be approved is a Local Business and Employment Plan which identifies those items necessary and likely to occur through the use of grant funds, and provides that the County will identify, through public ~ October 26,1999 651 advertisement, the concerns of any businesses that may provide services, supplies, or serve the construction needs of the project. The second document to be approved is a Fair Housing Certification which requires that the County take at least one action annually for the life of the project that affirms our commitment to fair housing, and the third document is the Residential Anti-Displacement and Relocation Assistance Plan which provides policies and procedures for the displacement and relocation of any low-moderate income persons displaced by the project activities. Mr. Harrington stressed that Roanoke County does not intent, and will not displace any person as a result of this project, but the adoption of the plan is a requirement that mut be met prior to the grant award. Mr. Harrington asked for approval of the grant and adoption of the three documents. Supervisor Johnson moved to approve the staff recommendations and adopt the three documents. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 102699-2.b OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, PERTAINING TO THE ADOPTION OF A FAIR HOUSING CERTIFICATION WHEREAS, the County of Roanoke, Virginia, has ben offered and intends to accept federal funds authorized under the Housing and Community Development Act of 1974, as amended; and WHEREAS, recipients of funding under the Act are required to take action to affirmatively further fair housing. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors agrees to take at least one action to affirmatively further fair housing each grant year, during the life of the project funded with Community Development Block Grant funds. The action taken will be selected from a list provided by the Virginia Department of Housing and Community Development. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: 652 October 26, 1999 '--- AYc:S: NAYS: :supervisors McNamara, MinniX, Hamson, NIcKens, Jotmson None . IN RE: REQUEST FOR PUBLIC . HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Harrison moved to approve the first reading and set the second reading and public hearing for November 23, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1" First readina of ordinance to obtain a SDecial Use Permit for a Drivate stable. located at 501 Texas Hollow Road. Catawba Maaisterial District. UDon the Detition of Jeftrev Shawver. Supervisor Harrison asked that he be provided with Mr. Shawver's telephone number so that he could contact him. INRE: FIRST READING OF ORDINANCES 1" First reading of Ordinance authorizina and aDDrovina the residential lease of the loa cabin and aDDroximatelv one acre of real estate located at the Roanoke Countv Center for Research and Technoloav. Catawba Maaisterial District. IMelinda Cox. Economic DeveloDment SDecialist) '" October 26, 1999 653 - Ms. Cox advised that the County acquired four dwellings as part of the transaction for property for the Center for Research and Technology. All of these houses were vacated recently in order to begin initial development ofthe technology park. One of these houses, located at 4958 Glenvar Heights Boulevards, is outside of the first phase of the development, and in order to minimize cost and provide some cash flow, it is recommended that this dwelling be leased until such time as development or an alternative use is indicated. She advised that staff recommends the approval ofthe 45 day termination from the Stanley lease and approval of the first reading of the ordinance to lease the property on a month to month basis until a permanent use for the structure can be determined. There was no discussion. Supervisor Harrison moved to approve the first reading and set the second reading for November 9,1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. First Readina of Ordinance Authorizing the Construction of and Financina for a Local Public Works ImDrovement Proiect - Clearbrook Lane Waterline Extension Proiect. IGarv Robertson. Utilitv Director) Mr. Robertson advised that this is Phase II of the Clearbrook Water Project and in 1996, staff applied for a low interest loan through the Virginia Water Supply Revolving Fund to assist in construction of this project. The project met the requirements /' 654 October 26, 1999 tor me loan Dut me prOject ranKing was below the l;ulurr fu, è:lvdildLI", ru"J". II, DecembcF, 1998, staff was notified that funding of this project was now available with an interest rate of 4% and financing for 20 years. Staff received communications from four property owners on Clearbrook Lane who experienced problems with their private wells this summer. A temporary water line was installed to provide water to seNe one property. On September 17, 1999, letters were mailed to 51 property owners on the eastern side of Route 220 to determine interest in public water. Responses were received from 20 property owners with 11 willing participants. Staff looked at two construction alternatives. Option I would construct a water line at the northern and southern terminus of Clearbrook Lane with 2,200 feet of 8 inch water line at an estimated construction cost of $187,000, and $20,000 for engineering, construction administration and inspection, for a total cost of $207,000, and would serve 21 properties, including 11 willing participants. Option 2 would be to construct a water line along the entire length of Clearbrook Lane which would be 4,100 feet of 8 inch water line at an estimated construction costs of $289,000 and $35,000 for engineering, construction administration and inspections, for a total cost of $324,000. This option could serve 40 properties but has only 11 participants. In the Board report submitted, staff recommended Option 2 because it would provide construction of a complete loop of the water line, but upon further discussion and review, staff now recommends Option 1 since Option 2 does not have at least 50% citizen participation. After discussion, Supervisor Minnix moved to approve the first reading with Option I and set the second reading for November 9, 1999. The motion carried by the following recorded vote: " October 26, 1999 655 AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None INRE: SECOND READING OF ORDINANCES 1" Second readina of ordinance authorizina the acauisition of 9.062 acres of land adiacent to Vinvard Park II. (Paul M. Mahonev. Countv Attornev) 0-102699-3 Mr. Mahoney advised that the property adjacent to Vinyard Park II which currently belongs to the Vinyard family is available for sale at a cost of $40,000, and that $ 1,000 is needed to cover the cost of the purchase. Staff is recommending acquiring this property to enhance the access to parts of Vinyard Park II and to protect the County's interest. He asked that $41,000 be appropriated from the Capital Fund Balance for the purchase price and costs. Supervisor Johnson advised that he would abstain from the vote on this item. Supervisor Nickens asked that the current occupants be given a reasonable amount of time to vacate the premises and that they remove any inoperative vehicles and travel trailers. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson /' 656 October 26, 1999 ORDINANCE 102699-3 AUTHOKI¿,INl:i INE ACQUISITION Of CERTAIN REAL ESTATE FROM WALTER D. VINYARD AND N. CHRISTIAN VINYARD CONSISTING OF APPROXIMATELY 9.062 ACRES, MORE OR LESS, (BEING IDENTIFIED AS CITY TAX MAP PARCEL 7020102), FOR PUBLIC PARK PURPOSES ,- WHEREAS, Walter Darnell and Claiborne W. Vinyard have previously donated to Roanoke County two parcels of real estate used by the Department of Parks and Recreation as Vinyard Park and Vinyard Park \I; and, WHEREAS, additional real estate consisting of approximately 9.062 acres owned by Walter D. Vinyard and N. Christian Vinyard, and adjacent to Vinyard Park \I is available for sale at the price of $40,000; and, WHEREAS, the acquisition of this real estate will enhance the access to Vinyard Park \I and protect the public interest in same; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on October 12, 1999; the second reading was held on October 26,1999. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the exercise of the option agreement to acquire 9.062 acres of real estate located in the City of Roanoke owned by Walter D. Vinyard and N. Christian Vinyard for the sum of Forty Thousand ($40,000.00) Dollars is hereby authorized and approved. 2. That, there is hereby appropriated the sum of Forty One Thousand ($41,000.00) Dollars from the Capital Fund Unappropriated Balance to pay all the costs of this acquisition. 3. That the County Administrator or Assistant County Administrators are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson INRE: CONSENT AGENDA R-102699-4 '" October 26, 1999 657 - ~upervisor Nickens advised that the County received a $1 ,000 donation from Lowe's for the DAR.E. program and asked that acceptance of this donation be included in Item 1 of the Consent Agenda. Supervisor Johnson moved to adopt the Consent Resolution with the addition of acceptance of the Lowe's donation in Item 1. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 102699-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA as follows: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, 1. That the certain section of the agenda of the Board of Supervisors for October26, 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 4, inclusive, as follows: 1. Request from the Police Department to accept a $500 donation from the Roanoke Moose Lodge and $1,000 donation from Lowe's for the DAR.E. Program. 2. Request for acceptance of grants from Bureau of Justice Assistance under the BUlletproof Vest Partnership Act of 1998: (b) Police Department for $4,000 (c) Sheriff's Office for $4,000 4. Request from the Schools to accept grants of $5,316.40 and $5,151.84 from State Department of Education for School Performance Report Card Postage 5. Request to ratify announcement of date change of Halloween celebration. 2. That the Clerk to the Board is hereby authorized and directed where /" 658 October 26,1999 required by law to set Tortn upon any or 5é1ld il~III" lI,~ ""fJ01 ate vote tabtllatl6R fer 8RY sLJeR item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution with acceptance of donation from Lowe's added to Item 1, and carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None INRE: REQUESTS FOR WORK SESSIONS Supervisor Nickens asked for a work session at a meeting in either December or January on the current response times of Fire and Rescue personnel and asked that the data for the work session be compiled. Mr. Hodge suggested a work session be held at the meeting on December 21, 1999. INRE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1" General Fund UnaDDroDriated Balance 2. CaDital Fund UnaDDroDriated Balance 3. Board Continaencv Fund 4. Future School CaDital Reserve 5. Proclamation sianed bv the Chairman 6. Revenues and EXDenses for the three month Deriod ended SeDtember 30.1999 7. Revision of Mission Statement and Goals for Administrator's Office for FY 2000 ~, October 26, 1999 659 8. Chanaes to Secondarv Svstem of State Hiahwavs as of SeDtember.1999 9. Accounts Paid - SeDtember 1999 10. ReDort of Claims Activitv for the Self-Insurance Proaram Supervisor Harrison requested that the addresses for the water damage claims be put on the report. INRE: CHANGE IN DATE OF HALLOWEEN Supervisor Nickens advised that all ofthe supervisors and staff received calls for and against the County's decision to change the day that Halloween will be celebrated from Sunday to Saturday, and asked that Mr. Hodge place this item on the agenda for a future administrators' meeting. He asked that in the future this decision be made earlier which would eliminate many of the calls and dissatisfaction. Chairman Johnson advised that all of the surrounding localities changed the date, and the County changed the date only to be consistent. He agreed that the item should be referred to a future meeting of the administrators. IN RE: CLOSED MEETING At 3:45 p.m., Supervisor Johnson moved to go into Closed Meeting following the work sessions pursuant to Code of Virginia Section 2.1-344 A (3) to discuss disposition of publicly held real estate. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson .,/"' 660 October 26, 1999 I<JAT5. Num: IN RE: WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1" Work Session to discuss the DroDosal from United Wav of Roanoke Valley to assist in the budaet distribution to Human Service Aaencies. IJohn Chambliss. Assistant Countv Administrator) The work session was held from 3:50 p.m. until 4:20 p.m. and was presented by Mr Chambliss. He advised that during the Budget session this past spring, it was suggested that the County consider using United Way to distribute the budgeted monies to Human Services Agencies. He outlined the proposal, and it was the consensus of the Board that the proposal had merit, and Mr. Chambliss was asked to bring a report back for Board action. The suggestion was made to add this item to the agenda for the next joint meeting with the Roanoke City CounciL 2. Work Session to discuss the Secondarv Road System Six-Year Construction Plan 12000-2006) and Consideration of Proiects for FY 2000-01 VDOT Revenue Sharina Proaram. IArnold Covev. Communitv DeveloDment Director) The work session was held from 4:20 p.m. until 5:00 p.m. and presented by Mr. Covey. Mr. Jeff Echols, Resident Engineer for the Virginia Department of Transportation was also present. ~. October 26, 1999 661 Mr. Covey advised that VDOT is in the process of designing West Main Street and needs to know if the Board supports bikeways, sidewalks or both along this corridor. Currently the section of 11/460 in the City has sidewalks on both sides but not bikeways. Roanoke County and the City of Salem are jointly pursing a greenway along the Roanoke River from Greenhill Park to Moyer Sports Complex. Bikeways and/or sidewalks would allow the County to tie the Glenvar area to the City of Salem and the future greenway. In addition, West Main Street is on the latest Metropolitan Planning Organization's Bikeway Plan, and Roanoke County is required to address this issue before plan approval. The County would be required to pay half the construction costs for bikeways and sidewalks with VDOT covering all additional costs. Mr. Covey presented cost breakdowns and advised that the County share of costs for Bikeways, both directions, would be $94,000; sidewalks, one-side only, would be $260,000 and both facilities, $224,000. After discussion, there was no Board consensus to appropriate funds for bikeways or sidewalks. Mr. Covey advised that staff met with VDOT engineers in Richmond recently concerning industrial access funds for Glenmary Drive. VDOT noted that Glenmary Drive was inadequate for the full development of the CRT site and once it becomes a secondary road, it would be eligible for industrial access funds. Staff is recommending that Glenmary Drive be added to the Six Year Road Plan so funding can be supplemented with regular construction dollars or revenue sharing funds, and then industrial access funds may be utilized for interior road construction. After discussion, it was the consensus of the Board to add Glenmary Drive to the six year plan but not to appropriate any additional money. Mr. Covey advised that VDOT had been contacted to see if any funds are / 662 October 26, 1999 .- available to assist with the Wood cnds scnoOl Site. vDOT urncléll:; éldvi:;<::d lI'dl F'1"d'>dlll Hill Drive, and some improvements to Bent Mountain Road (Route 221), are eligible for revenue sharing funds. Staff has developed another option which would allow the School Board to match $200,000 ($400,000 total) of revenue sharing funds. This would reduce the Board's commitment to the revenue sharing program from $500,000 to $300,00 for FY 2000-2001. It was the consensus of the Board to place Pleasant Hill Drive on the revenue sharing list with the School administration responsible for matching the $200,000. Mr. Covey was directed to write a letter confirming this to the School administration. 3. Work Session on McDonald Farm. The work session was held from 5:00 p.m. until 5:45 p.m. and was presented by Anita McMillan, Clay Goodman, Janet Scheid and Terry Harrington. Ms. McMillan and Ms. Scheid described the changes that had been made to the protective covenants, conditions and restrictions for McDonald Farm at the suggestion of staff, the Planning Commission, and the Town of Vinton. There was considerable discussion of these changes, and Mr. Mahoney was asked to bring back a revised ordinance and covenants reflecting these changes to the evening session for Board action concerning the rezoning of McDonald Farm. Mr. Goodman advised that the Vinton Town Council is scheduled to vote on the rezoning at their November 2,1999 meeting. IN RE: CERTIFICATION RESOLUTION R·102699·5 At 7:03 p.m., Supervisor Johnson announced that the Closed Meeting was ~. October 26, 1999 663 held [lUll I 4.03 f.l.lll. WIlli 4.20 p.m., and moved to reIUrn to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 102699-5 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 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: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1" Second readina of ordinance aDDrovina a voluntarv settlement Aareement. entitled "Gain Sharina Aareement between the Town of Vinton and the County of Roanoke" and authorizina a Detition to the Circuit Court to affirm the settlement. IPaul Mahoney. Countv Attornev) 0-102699- 6 ~ 664 October 26, 1999 Mr. M8liðFlCY 8êJ"dl3CeJ {RBt 0F'1 UÐ{080r I, IQQg, LlI~ 1:':'JfllIllI~~I"11 "11 L·II _I '- Government (COLG) found that the proposed agreement was consistent with the best interests of the Commonwealth and recommended the Court's approval. Now, each locality must adopt the agreement by ordinance in order for the attorneys for the County and Vinton to petition the circuit court for an order affirming the agreement. Supervisor Johnson expressed thanks to Supervisor Nickens, Clay Goodman, Vinton Town Manager, and staff for their assistance with this item. Mr. Mahoney advised that the Town of Vinton will hold a public hearing for adoption of the agreement on November 2, 1999. Supervisor Nickens thanked Vinton Mayor Hill and members of Vinton Town Council, Carter Glass, Council for Town of Vinton, Clay Goodman, Mr. Mahoney and Mr. Hodge for their efforts. There were no citizens present to speak on this item. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 102699-6 APPROVING A VOLUNTARY SETTLEMENT AGREEMENT, ENTITLED "GAIN SHARING AGREEMENT BETWEEN THE TOWN OF VINTON AND THE COUNTY OF ROANOKE", PURSUANT TO SECTION 15.2-3400 OF THE 1950 CODE OF VIRGINIA, AND AUTHORIZING A PETITION TO THE CIRCUIT COURT OF ROANOKE COUNTY TO AFFIRM THE SETTLEMENT AND TO GIVE IT FULL FORCE AND EFFECT WHEREAS, the Town of Vinton and the County of Roanoke have entered into a voluntary settlement agreement, entitled "Gain Sharing Agreement between the Town of Vinton and the County of Roanoke (the "Agreement"), pursuant to the provisions of Section 15.2-3400 of the 1950 Code of Virginia; and, WHEREAS, this Agreement provides for the limited waiver by the Town of certain annexation rights, for the payment by the County of certain sales and use taxes and ~ October 26, 1999 665 - ulllt::1 fulIJ::. tu lilt:: TUWII, rUI tht:: ::.llolÍll\: ur l;t::ltoill h.Jl;ol tOA It::Vt::IIUt:::> \: t::llt::lött::d by IIt::W development in that portion of the County generally known as "East Roanoke County", for certain cooperative activities between the Town and the County in the areas of joint economic development and planning, and for other matters; and, WHEREAS, this Agreement has been reviewed by the Commission on Local Government, and by Report dated October 1, 1999, the Commission recommends its approval of this Agreement; and, WHEREAS, the Town and the County desire to amend the Agreement for the purpose of clarifying one of its provisions; and, WHEREAS, the first reading of this ordinance was held on October 12, 1999, and the second reading and public hearing were held on October 26, 1999, upon notice and advertisement as required by law. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia: 1. Thatthe Gain Sharing Agreement between the Town of Vinton and the County of Roanoke, as amended, is hereby adopted and approved. 2. That the Chairman of the Board of Supervisors is authorized and directed to execute the Agreement, as amended, on behalf of the County. 3. That the County Attorney is hereby directed to petition the Circuit Court of Roanoke County for the appointment of a special court pursuant to Section 15.2-3400 of the 1950 Code of Virginia, for an order affirming and validating this Agreement and to give it full force and effect. 4. That the County Administrator is hereby directed to take such actions as may be necessary to implement this Agreement upon receipt of the order of the court. 5. That this ordinance shall be in effect from and after the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second readina of ordinance to rezone aDDroximatelv 99.38 acre tract of real estate IMcDonald Farm) from R1 to PTD with conditions. located at the 2100 block of Hardy Road. Vinton Maaisterial District. UDon the Detition of the Town of Vinton. ITerrv Harrinaton. Countv Planner) 0-102699-7 ~/.. 666 October 26, 1999 PlI&. <:s£F1BI8 38"'11:>06 U1:Jl UltJ t"1~11I1II1~ \...Y[IIIIII~1!i ·JIIIWVJIIIIIIWllt.l'â 6tfJlJl"ua , 'I , the petition with the proffered conditions. At their public hearing, three or four citizens did express their concerns about noise and light pollution, loss of mountain views, loss of property value and traffic congestion on Hardy Road which is not yet in the County's six year plan. The petition is proffered with the concept plan, as presented at the earlier work session, and with all the proffered conditions, including the Covenants, which have been updated from the work session. Virginia Huneveld, 1108 Pedigo Lane, advised that her property abuts the McDonald Farm property, and expressed her concerns about the difficult of getting out of Montgomery Village onto Hardy Road. She would like to see the speed limit lowered. Supervisor Johnson advised that before the petitioner is allowed to develop the property, they will have to abide by the Virginia Department of Transportation sight distances for entrances. Supervisor Nickens advised that he would ask VDOT to do a study of this area to reduce the speed limit even without this development. Vinton Town Manager Clay Goodman, addressed the Board on the Town of Vinton's involvement in the project. Roanoke County Director of Economic Development Timothy W. Gubala spoke about the Hill Abbott study and advised that project will be a 100 acre mixed use business park. Mr. HunterYoung, engineer from Mattern, Mattern & Craig, spoke to the Board about the different uses of the property. Supervisor Nickens moved to adoptthe ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson ------., October 26, 1999 667 - I~A yg. l~ulI" ORDINANCE 1 02699-7 TO CHANGE THE ZONING CLASSIFICATION OF A 99.38-ACRE TRACT OF REAL ESTATE (McDONALD FARM) LOCATED AT THE 2100 BLOCK OF HARDY ROAD (TAX MAP NO. 71.11-1-1) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF PTD WITH CONDITIONS UPON THE APPLICATION OF THE TOWN OF VINTON WHEREAS, the first reading of this ordinance was held on September 28, 1999, and the second reading and public hearing were held October 26, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 5, 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 99.38 acres, as described herein, and located at the 2100 block of Hardy Road (Tax Map Number 71.11-1-1) in the Vinton Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of PTD, Planned Technology Development District. 2. That this action is taken upon the application of The Town of Vinton. 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: All submitted materials, including "Protective Covenants, Conditions, and Restrictions for the McDonald Farm" in addition to the following proffers: (1) On Parcels "G" and "H" on the concept plan dated August of 1999, Mattern & Craig, Inc., all exterior building materials shall be residential in character. The exterior wall materials shall be limited to brick, stone, wood, vinyl or aluminum siding and other materials customarily found on residential structures. Exterior colors shall be predominantly earth tone colors. On Parcels "G" and "H" roof pitch shall be no less than a 4/12 pitch and roof materials shall be non-reflective, earth tone colors. (2) Buildings on Parcel "A" identified on the concept plan dated August of 1999, Mattern & Craig, Inc., shall be oriented inward on a central, landscaped parking area. No customer parking shall be permitted to the rear of the buildings. (3) Any residential, civic, office, commercial, industrial or miscellaneous use types listed in the Roanoke County Zoning Ordinance, that require a Special Use Permit, shall also require a Special Use Permit under this Planned Technology District rezoning, except as amended by the "Protective Covenants, Conditions and Restrictions for the McDonald Farm". (4) Broadcasting Towers shall be prohibited. 4. That said real estate is a 99.388 acre tract known as The McDonald / 668 October 26, 1999 Þ'arm t I:::IX 1-\'1313 I'J8. ,'1.111 I) DRd rTler~ I\::IIIY f::l~~b:llrJWY un ~vtlUJll I sU!lt..:IIWY l'J .11I'å ordinance. 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, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Second readina of ordinance to aDDrove a SDecial Use Permit for FriendshiD Manor. Inc. and FriendshiD Manor ADartment Villaae CorDoration for a life care facilitv to be located at the intersection of Florist Road and Hershberaer Road in the Hollins Maaisterial District. (Terrv Harrinaton. Countv Planner) 0-102699- 8 Mr. Harrington advised that Friendship Manor is requesting a special Use Permit for a life care facility. Issuance of the permit will recertify Friendship Manor's rights to complete the build-out ofthis facility. There are approximately 312 apartment-type units and a 272 bed convalescent facility currently on the property. The conceptual build-out plan submitted shows the planned construction of an additional 120 life lease apartments, and a 120 unit expansion to their convalescent care facility. New parking areas associated with the planned expansion will also be provided. The Planning Commission recommended approval with two recommended conditions which Mr. Harrington described. There were no citizens present to speak on this item. Supervisor Johnson moved to adopt the ordinance. The motion carried by ~., October 26, 1999 669 the following recorded vOle. AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 102699-8 GRANTING A SPECIAL USE PERMIT TO FRIENDSHIP MANOR, INC. AND FRIENDSHIP MANOR APARTMENT VILLAGE CORPORATION FORA LIFE CARE FACILITY TO BE LOCATED AT THE INTERSECTION OF HERSHBERGER AND FLORIST ROADS (TAX MAP NOS. 38.1511,2,3,4, AND 5), HOLLINS MAGISTERIAL- DISTRICT WHEREAS, Friendship Manor, Inc. has filed a petition for a Special Use Permit for a life care facility to be located at the intersection of Hershberger and Florist Roads (Tax Map Nos. 38.15-1-1,2,3,4, and 5 - property of Friendship Manor Apartment Village Corporation and Friendship Manor, Inc.) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 6, 1999 and October 5, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 22, 1999; the second reading and public hearing on this matter was held on July 27, 1999; and continued to August 24, 1999; and continued to October 26, 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 Friendship Manor, Inc. and Friendship Manor Apartment Village Corporation for a life care facility to be located at the intersection of Hershberger and Florist Roads (Tax Map Nos. 38.15-1-1, 2, 3, 4, and 5) in the Hollins 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 conditions: (A) (B) That future build-out and development of the site shall be in general conformance with the submitted conceptual plan entitled "Exhibit A" Friendship Manor Retirement Community, prepared by Lumsden Associates and dated May 7, 1999. All storm water management improvements required and associated with future development on the site shall be designed and constructed to accommodate projected storm water flows associated with the ultimate build-out on the site as depicted on the submitted concept plan. All pond and storm water improvements shall be designed for 25 year post development, with a 2 year pre-development release rate. As part of these improvements, all discharges from any storm 670 October 26, 1999 °w"i"atar ffl8f18ê1CffiÐAt J30AEJ QmfmAf:] or J:>FO~ÐEGEI, EnU ! bB redirected downstream as far as possible to reduce the amount of Friendship Manor-related storm water on homes within Brookside subdivision. 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 Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ,= 4. Second reading of ordinance amendina and readoDtina the Zonina Ordinance bv the addition of standards forthe desian and develoDment of Cluster Housina. ITerrv Harrinaton. Countv Planner) Mr. Harrington advised that this item had been postponed until the November 9, 1999 meeting so that a work session could be held. However, the public hearing was being held tonight. He advised that the Cluster Housing Ordinance is an alternate plan to allow landowners to develop their property using "clustering" techniques, thereby permanently preserving between 35% to 50% of each site as open space without increasing the gross allowable density of the property. He reviewed the major provisions of the ordinance. Supervisor Johnson advised that he would like the Planning Staff and Planning Commission to review the ordinance again, and asked that the Roanoke Regional Homebuilders be invited to the work session. Joe Miller, 2812 Longview Avenue, representing the Roanoke Regional Homebuilders Association, applauded the County's initiative in writing a Cluster Housing -, ~, October 26, 1999 671 ereJlf1Bfl6e Bf1eJ advised 11,01 U""y 0'" ill full :;u .J .Jurl ur ä dusler orOlnance as a Dy-ngm option. However, they think the ordinance as written will not work, and he listed several reasons for their opinion. Supervisor Nickens asked that the Roanoke Regional Homebuilders provide staff and the Board with specific details regarding items in the ordinance they feel need revising before the work session is held. Supervisor Johnson asked that the Planning staff prepare two or three examples of actual zoning situations using the Cluster Housing ordinance for the Board's review at the work session INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor Johnson: (1) He advised that he had been out of town for ten days and asked for an update on the meeting which was to be scheduled with Supervisor Nickens and Harrison and Marion Roark and Tom Leggette from School Board on the Glenvar Middle School project. Supervisor Harrison advised that he and Supervisor Nickens are ready and have been willing to meet, but were told that the meeting had to wait until after the School Board meets on October 28 and offered some dates. Supervisor Johnson asked that when the date is scheduled, Mr. Mahoney and Ms. Green be notified so that the date can be publicized. Supervisor Harrison advised that they have asked for a list of various items to be discussed at the meeting SUDervisor McNamara: (1) He advised that he thought Supervisor Nickens' comments earlier about Halloween were appropriate and that localities should celebrate on the same day, but he would prefer it be the actual Halloween date. He also asked if the / 672 October 26, 1999 t;eL1Aty Raa FRaas ¡arQVIEI9R& (el ~f;lUlllUII~1 tJVII' 'it "111' "-1": 1,,1. II. ..IU,s ,, ..I....I.....,.III,r-: Ft........ I :...- on the background ofthe change in date to celebrate Halloween from Sunday, October 31 , to Saturday, October 30, and advised that additional police will be scheduled. (2) He asked for an update from Pete Haislip on South County Park. Mr. Hodge advised that the groundbreaking had been held and he would provide an update to the Board in a few weeks. SUDervisor Minnix: (1) He advised that he had discussed the South County Park with Mr. Haislip and plans are going forward. (2) He advised that he attended the Hanging Rock celebration and it was well done and well received. (3) He advised that they broke ground last week for another new business in Southwest County Industrial Park. SUDervisor Harrison: (1) He advised that he also attended the Hanging Rock Trail dedication and was very pleased with it. This is another example of cooperation among localities. He advised that before, during and after the ceremony, people were walking on the trail. (2) He announced that Hanging Rock Estates Road was being paved today and displayed the photograph that Arnold Covey provided him. SUDervisor Nickens: (1) He asked Mr. Mahoney to address the legality of Roanoke County using cameras at traffic signals to monitor people running red lights. Chairman Johnson advised that November 2 is Election Day and encourage all citizens to exercise their right to vote at that time. IN RE: ADJOURNMENT At 8:03 p.m., Chairman Johnson adjourned the meeting. ~ October 26, 1999 673 - CUbFFliM:8eJ by, App,ovcJ Ly, ~Ç).~ Brenda J. Holton, CMC Deputy Clerk to the Board 674 October 26, 1999 ,- This page left blank intentionally.