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7/22/1997 - Regular ~ July 22, 1997 427 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 July 22, 1997 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 July, 1997. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, 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 the Reverend Phillip Whitaker, Brambleton Baptist Church. The Pledge of Allegiance was recited by all present. 428 July 22,1997 = ,- INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added two items: (1) Briefing on 1997 Citizen Satisfaction Survey, and (2) Report by School Board Chairman Mike Stovall and School Superintendent Dr. Gordon on the Blue Ribbon Committee progress on funding for school construction projects. Mr. Mahoney added two items to the Executive Session pursuant to Section 2.1-344 A (7) to discuss probable litigation regarding drainage and (7) to discuss actual litigation regarding Ohio State Cellular. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Introduction of Roaer Ellmore. Executive Director of Explore Park. Mr. Hodge introduced Mr. Ellmore who was recently hired as Executive Director of Explore Park. Mr. Ellmore thanked Roanoke County for its support and expressed appreciation to Gardner W. Smith, Director of Development Services, for his assistance during the transition period. Chairman Johnson invited Mr. Ellmore to come back to the Board in the fall to share his vision of Explore Park. 2. Presentation of plaaue from Virainia Amateur Sports to the County of Roanoke for their contributions to the 1997 Commonwealth Games. ~. July 22,1997 429 - Mr. Hodge presented Chairman Johnson with a plaque of appreciation from, Virginia Amateur Sports and advised that he was requested to present the plaque because they are still occupied with the games. A record number of athletes totaling 10,000 to 11,000 participated in the Commonwealth Games this year. IN RE: BRIEFINGS 1. Presentation on Glenn-Marv Project. /Melinda Cox. Economic Development Specialist) Ms. Cox explained that for the past five months, the County has been working with civic and business leaders serving on the Community Advisory Committee to share their concerns and vision for a proposed business park in western Roanoke County on the Glenn-Mary farm. The process was facilitated by a design team under the direction of team leader David Hill and project manager John Schmidt of HHI Studios. The goal was to collect information, conduct a design workshop this past June, and to produce a preliminary concept plan for a qualified site. The Board members have been provided with a copy of the Roanoke County Business Park Preliminary Concept Plan dated July 17, 1997. The Advisory Committee has endorsed the concept plan; asked that the membership and role of the Design Review Board be clarified; and a zoning code implemented that will guarantee the agreements made in the community meetings. She introduced the consultants, David Hill, Hill Studios of Roanoke, and Carlton Abbott, Abbott & Associates, of Wiliamsburg, who gave a slide presentation of the contents of the Roanoke County Business Park Preliminary Concept Plan. This was 430 July 22,1997 - ~ followed by a general question and answer period. They described the design process; key issues, including the Community Advisory Committee recommendations and site access; and design guidelines. Supervisor Harrison advised that he attended most of the community meetings and thanked everyone concerned for their assistance. He advised that the project is not separate from the widening of Route 460/11 and one cannot be done without the other; and asked that the recommendations of the committee as expressed on pages 4 and 5 of the concept plan be followed. Supervisor Eddy expressed concern at the future of Glenn-Mary Street and what happens when 1-81 is widened. Mr. Schmidt advised that the Virginia Department of Transportation is in the process of making a corridor study of 1-81 from Blacksburg to Buchanan, and it should be complete by the middle of August, 1997. There was concern about the cost for the alternative of building a bridge across 1-81, and Mr. Abbott advised that he would ask VDOT if they could estimate the cost. Mr. Winton Shelor, Sr., member of the Community Advisory Committee, advised that the majority of the objections to the new business park have been answered for the citizens; that he appreciated the opportunity to serve on the committee; and asked . ". the Board to continue listening to the citizens. 2. Briefina on 1997 Citizen Satisfaction Survev. (Anne Marie13reen. Community Relations Director) Ms. Green advised that this is the third year that a citizen satisfaction survey July 22,1997 431 - has been done. Mr. Frank Martin of Martin Research, Inc. presented the results of the survey of 500 completed interviews. The questionnaire was designed by Martin Research, Inc. under the supervision and approval of County staff. It was also reviewed by members of the Board. The citizens gave Roanoke County a report card of "B - Honor Roll" on services provided. The areas where a problem is perceived by County residents are: storm water drainagelflood control; greenways; public transportation; affordable housing; planning and zoning services; and street lights. Supervisor Nickens asked that the next survey look with more detail and refinement at the areas of concern for citizens. Supervisor Johnson asked how Roanoke County compares with other communities in the statistics of watching the govemment access channel. Ms. Green will get this information for the Board. INRE: NEW BUSINESS 1. Reauest to approve amended 1997-1998 operatina budaet for the Roanoke Valley Resource Authority. (Diane Hvatt, Finance Director) R-072297-1 Ms. Hyatt advised that on April 8, 1997, the Board approved the Roanoke Valley Resource Authority operating budget for the year ending June 30, 1998. Since the 1997/98 budget was approved, the Authority has seen an additional decline in tonnage received from the commercial haulers. They have taken the following actions: (1) reduced their budget by $529,960 to reflect the lost revenue; and (2) expenditures have been 432 July 22,1997 ~ = reduced $529,960 by (a) elimination of three positions through attrition; (b) numerous reductions in the operating budget; and (c) elimination of participation in recycling drop off facilities beginning January 1, 1998. As previously recommended by the Board, she reported that a consultant has been hired and a report on the operations of the RVRA is underway. John Hubbard, CEO for RVRA, was present to answer questions. There was some discussion about whether Roanoke County could implement the new recycling program with drop off sites by August 1, 1997. It was the consensus of the Board that this item could be discussed later in the agenda. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None RESOLUTION 072297-1 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY AMENDED BUDGET FOR THE YEAR ENDING JUNE 30, 1998 WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit any amendments to its annual operating budget to the Board of Supervisors of the County, the City Council of the City of Roanoke, and the Town Council of the Town of Vinton; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia approved the budget for the year ending June 30, 1998 for the Roanoke Valley Resource Authority as set forth in the March 28, 1997, report of the Authority Chairman, a copy of which is incorporated by reference; and WHEREAS, by letter dated July 8, 1997, a copy of which is on file in the office of the Clerk of the Board, the Chairman of the Roanoke Valley Resource Authority has submitted a request that the County approve the amended bUdget of the Roanoke Valley Resource Authority for the year ending June 30, 1998; THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the amended budget for the year ending June 30, 1998 for the Roanoke Valley Resource Authority as set forth in the July 8, 1997 letter of the Authority -., July 22, 1997 433 - Chairman, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Resolution approvina option to purchase aareement with David E. Harris and Wanda L. Harris. Dorothy Harris Miller and James B. Miller and Carol Harris Likens for approximatelv 1.83 acres of real estate. (John Chambliss. Assistant County Administrator) R-072297-2 Mr. Chambliss advised that the Board directed staff to develop a master plan for the Merriman and Starkey Park and that the Harris property is one of the tracts suitable for access. The agreed upon price is $113,000. He requested that the Board advance this to a first and second reading of ordinance by adopting a resolution to authorize the County Administrator to execute the option agreement to purchase the 1.83 acre site and house, and authorize staff to continue with the environmental assessment, survey and other legal documentation necessary to complete the transaction. He also advised that $5,000 is necessary to cover the costs related to the environmental audit, survey and title. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 434 July 22,1997 , ~ RESOLUTION 072297-2 APPROVING AN OPTION TO PURCHASE AGREEMENT WITH DAVID E. HARRIS AND WANDA L. HARRIS, DOROTHY HARRIS MILLER AND JAMES B. MILLER, AND CAROL HARRIS LIKENS FOR APPROXIMATELY 1.83 ACRES OF REAL ESTATE (BEING IDENTIFIED AS COUNTY TAX MAP PARCEL 97.05-1-1) AND APPROPRIATING FUNDS THEREFOR -- WHEREAS, by Option to Purchase Agreement dated July 14, 1997, David E. Harris and Wanda L. Harris, Dorothy Harris Miller and James B. Miller, and Carol Harris Likens granted unto the Board of Supervisors of Roanoke County, Virginia, an option to purchase approximately 1.83 acres of real estate, being further shown on the Roanoke County land records as Tax Map Number 97.05-1-1 (the Property"); and, WHEREAS, under the terms of said agreement, the option fee is $5,000.00, the purchase price for the Property is to be $113,000, and the option must be exercised on or before 15 day of September, 1997; and WHEREAS, at such time as said option is to be exercised, this matter will be brought back to the Board of Supervisors of Roanoke County, Virginia, for adoption of an ordinance to authorize exercise of the option and acquisition of the real estate. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: (1) That the Option to Purchase Agreement dated July 14,1997, between David E. Harris and Wanda L. Harris, Dorothy Harris Miller and James B. Miller, and Carol Harris Likens, Grantors, and the Board of Supervisors of Roanoke County, Virginia, Grantee, and the terms and conditions provided for in said agreement, is hereby approved and the execution of said agreement by the County Administrator is hereby authorized and ratified. (2) 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 may be required to determine the feasibility and necessity of exercising the option and acquiring said Property, all of which shall be approved as to form by the County Attorney. (3) That the sum of $118,000 is hereby appropriated from the 1992 bond account to cover the purchase price of this property of $113,000 and an additional $5,000 to cover costs related to the environmental audit, survey, and title fees. (4) That this resolution shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~. July 22, 1997 435 - INRE: REQUESTS FOR WORK SESSIONS Supervisor Eddy requested a work session on outdoor advertising signs at a joint meeting with the Planning Commission. Mr. Hodge advised that a work session will be scheduled for August 19,1997. INRE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for August 19, 1997 The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 1. Ordinance authorizina a Special Use Permit to construct a communications tower, located at 6332 Franklin Road. Cave Sprina Maaisterial District. upon the petition of Michael Pruden for CFW Wireless. 2. Ordinance authorizina a Special Use Permit to operate a camp with davcare facilities and a permit for outdoor aatherinas. located on Yellow Mountain Road. one-half mile off of Route 220 South. Cave Sprina Maaisterial District. upon the petition of Christopher Pollock. 3. Ordinance to rezone 14.69 acres from 1-2 and 1-1 and obtain a Special Use Permit to construct mini-warehouses. located in the 5000 Block of Benois Road. west of the railwav tracks. Cave Sprina Maaisterial District. upon the petition of Ron Knuppel. 4. Ordinance to amend conditions on a Planned Residential Development consistina of 39 acres. located at Mountain View 436 July 22,1997 - = Road and Wolf Run. Vinton Maaisterial District. upon the petition of Wolf Creek Inc. 5. Ordinance to rezone 35.69 acres from R·3 & 1-1 to R-1 to construct sinale family residences. located between Merriman Road and intersection of Starkey Road and Buck Mountain Road. Cave Sprina Maaisterial District. upon the petition of Joe R. Blackstock. 6. Ordinance authorizina a Special Use Permit to replace an existina conareaation area. located at 7242 Cove Hollow Road. Catawba Maaisterial District. upon the petition of Junior L. Conner. Trustee for Little Hope Primitive Baptist Church. INRE: FIRST READING OF ORDINANCES 1. Ordinance amendina and reenactina Sections 13-19 and 13-23. of Article II. Noise. of Chapter 13. Offenses-Miscellaneous. of the Roanoke County Code. in order to limit the time period for the permissible aeneration of sound from commercial and industrial zonina districts. and to provide a waiver procedure. (Terrv Harrinaton. Plannina & Zonina Director) Mr. Harrington advised that the noise ordinance contains six exemptions that permit types of noise. One exemption covers all sounds generated in commercial and industrial rezoning districts that are necessary and incidental to the uses permitted in these zoning districts. Over the past six months, the County has received two major complaints regarding noise from commercial and industrial uses. The proposed changes to the noise ordinance modify the exemption for commercial and industrial uses by limiting their exemption to the hours of 7:00 am to 10:00 p.m. Because this change has the ~ July 22,1997 437 potential to affect many commercial and industrial activities, a second proposed change gives the Board the right to grant a waiver in specific instances for specific business activities. These changes give authority and flexibility to the Board to permit by wavier certain types of noises that have been deemed to be disturbances. He asked that the first reading be approved, a work session scheduled, and set the second reading and public hearing for August 19, 1997. There was no consensus to have a work session. After discussion, Supervisor Johnson moved to approve the first reading and set the second reading for August 19, 1997 The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None 2. Ordinance amendina and reenactina Section 9-21 of the Roanoke Countv Code and Ordinance 121796-13 which established a Board of Appeals and procedures and reauirements to hear appeals from decisions made under the provisions of Chapter 9. "Fire Prevention and Protection". (John M. Chambliss, Assistant Countv Administrator) Mr. Chambliss advised that at the December 17,1996 meeting, the Board designated itself as the Board of Appeals for the County's Fire Prevention Code. In April 1997, the Virginia Board of Housing and Community Development adopted amendments to the Virginia State Wide Fire Prevention Code which address the administrative appeal 438 July 22, 1997 '- system and qualifications of members of the Board of Appeals. Staff is suggesting that the , County's Building Code Board of Adjustments and Appeals would be an appropriate body to also serve as the Fire Code Board of Appeals. This could be accomplished through the designation of an alternate member to that board with fire protection engineering experience or designating a fire protection contractor with at least ten years of experience. In response to questions, Mr. Mahoney advised that the Board can choose to create a new Fire Code Board of Appeals, use the existing Building Code Board of Adjustments and Appeals, or jointly use the Roanoke City Fire Code Board of Appeals. He suggested that if the Board utilizes the Building Code Board of Adjustments and Appeals as the Fire Code Board of Appeals, staff will determine the eligibility of the members and report back to the Board at the second reading of the ordinance on August 19,1997. .' Supervisor Johnson moved to approve the first reading using the Building Code Board of Adjustments and Appeals as the Fire Code Board of Appeals, and set the second reading for August 19, 1997 The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None 3. Ordinance authorizina the exercise of an option to purchase and authorizina the acauisition and acceptance of approximately 463 acres of real estate from Glenn-Mary Associates for economic development purposes. (Melinda Cox, Economic Development -:-- July 22, 1997 439 - Specialist) Ms. Cox was present but there was no staff report made. Supervisor Harrison moved to approve the staff recommendation which was to adopt the ordinance and concept plan, and set the second reading and public hearing for August 19, 1997. Supervisor Eddy expressed his concern that the concept plan would eliminate the alternative of using Glenvar Heights Boulevard to get past 1-81, and wanted to leave all alternatives open for consideration. He also wanted to know the attitude of citizens regarding not using Glenvar Heights Boulevard. Chairman Johnson asked that Supervisor Eddy's inquires be answered by the staff. Supervisor Nickens asked for future review of Glenvar Heights Boulevard for access. Mr. Hodge advised that the decision not to use Glenvar Heights Boulevard was a major point in discussions with the citizens in the area. Supervisor Eddy made an amended motion to approve the purchase of the site without any further restrictions at this time. Chairman Johnson ruled that this was a substitute motion and not an amended motion. Mr. Hodge advised that the planning process through the Planning Commission still has to be done, and that the concept plan provisions will be included in the rezoning request. During meetings with the citizens in that area, the County staff assured them that they would support not using GIenvar Heights Boulevard for access but believed that Dow Hollow Road and the existing frontage road would be used. Supervisor Johnson moved to approve the prepared ordinance. Supervisor Eddy withdrew his substitute motion since the prepared ordinance 440 July 22,1997 - = does not include the concept plan. Supervisor Harrison advised that improvements to Route 460/11 and 1-81 could have an affect on the proposed project but felt that the County should honor the recommendations of the citizens. - Supervisor Johnson moved to approve the first reading of the prepared ordinance and set the second reading and public hearing for August 19, 1997 The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None As a comment before his affirmative vote, Supervisor Minnix advised that he desired that there be no entrance through Glenvar Heights Boulevard. Supervisor Nickens commented before his affirmative vote that the County should keep its promises to its citizens and find the best deal for the County when paying the purchase price. INRE: APPOINTMENTS 1. Industrial Development Authority Supervisor Minnix nominated Neil Gallagher to complete the unexpired portion of the four year term of Guy Byrd. This term will expire September 26, 1999. 2. Social Services Advisorv Board Supervisor Johnson advised that he was withdrawing the nomination and confirmation of Allen Simpson to represent the Hollins District on the Social Services Advisory Board. He nominated Patricia W. Thompson to a four year term which will' expire August 1, 2001. - July 22, 1997 441 - Supervisor Harrison nominated Ed Wold to represent the Catawba District to serve another four year term which will expire August 1, 2001. Supervisor Minnix nominated Betty Lucas to represent the Cave Spring District to serve another four year term which will expire August 1, 2001. INRE: CONSENT AGENDA Chairman Johnson advised that the consent agenda was withdrawn since the only item was to confirm the appointment of Allen Simpson to the Social Services Advisory Board, and that item has been withdrawn. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Eddv: (1) He advised that the County has a supply of the Citizens Handbooks and they can be mailed to the citizens or picked up. (2) He asked for the status of revising the ordinance to allow three dogs instead of two. Mr. Hodge advised that this will be brought to the Board on August 19, 1997. (3) He requested that recycling be discussed. With the consensus of the Board, Chairman Johnson advised that a discussion on the recycling program would be last thing on the evening agenda. (4) He received a memorandum from Mr. Mahoney concerning the Planning Commission's role in the development and approval of the Capital Improvement Plan, and recommended that the Planning Commission should be involved. Mr. Hodge advised that he will bring back a report. (5) He received a memorandum from Mr. Hodge on the bikeway plan which asked for comments. Mr. Hodge will draft a letter of support to the Fifth Planing District 442 July 22,1997 - = Commission as long as the Board can review the plan and also look at including it in the six year road review. (6) He expressed sympathy and commented on the recent death of Sheriff Foster. Chairman Johnson expressed condolences from the Board. Supervisor Minnix: (1) He also acknowledged Sheriff Foster's death and ~ expressed sympathy. (2) He advised that Opole, Poland suffered devastating floOds, and that the visits to and from Poland have been canceled this year. He is contacting U. S. Officials in an effort to obtain transportation to send aid to Poland. Supervisor Harrison: (1) He has received a series of phone calls concerning Cherokee Hills interest in sewer service, and will forward these requests to Utility Director Gary Robertson. (1) He asked about the status of the purchase of land behind Montclair Estates for a retention pond. He asked that staff move forward on this. INRE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Jane Milliron. 2680 GiI-Haven Drive, advised that the rezoning on Rosecrest Road for the convenience store would be a positive direction, and that it should not be denied because of its proximity to Cave Spring Junior High School. ~ Paul Bell. 2705 Hillbrook Drive. SW. spoke of his concerns about stormwater management relative to Cresthill Drive and Garst Mill Park, and about the presence of lead or other substances in the water. George Simpson advised that he would discuss the situation with Mr. Bell. INRE: REPORTS July 22, 1997 443 - Supervisor Nickens moved to receive and file the following reports after discussion of Items 5, 6, and 8.. The motion carried by a unanimous voice vote. 1. General Fund Unappropriated Balance. 2. Capital Fund UnapproPriated Balance. 3. Board Continaency Fund. 4. Statement of Revenues and Expenditures before year end accruals and adiustments as of June 30.1997 5. Status Report on the CIRCLE Suaaestion Proaram. Supervisor Eddy asked that the Board members be provided with a copy of the CIRCLE brochure. 6. Report on the Task Force to review solutions to problems encountered by the disabled. physicallv challenaed and senior citizens of Roanoke Countv. The staff was asked to bring back a formal document for approval of the Task Force including the mission statement, costs and funding proposals. Supervisor Eddy asked that a similar group be considered to address the needs of the youth. 7. Statement of the Treasurer's Accountabilitv per Investments and Portfolio Policv as of June 30, 1997. 8. Report from School Board Chairman and School Superintendent concemina fundina for Phase I of school construction projects. 444 July 22, 1997 - = School Board Chairman Mike Stovall advised that the Blue Ribbon Committee had reduced the amount for funding of Phase I of the school construction projects to $47,719,732 as the Board requested. School Superintendent Dr. Gordon described the estimated operating costs for the projects. Mr. Hodge was requested to bring back an appropriation resolution at the August 19, 1997 meeting. In response to an inquiry, Mr. Stovall advised that a meeting with the Vinton Historical Society has been set for August 5, 1997, at the Vinton War Memorial. This meeting was requested by the Vinton Historical Society to discuss the future of Roland E. Cook Elementary School and the former William Byrd High School. IN RE: EXECUTIVE SESSION Mr. Mahoney advised that Executive Session item (3) to consider acquisition of real property for public purposes; Parks & Recreation, was no longer necessary. However, Supervisor Nickens added an item to the Executive Session (3) to consider acquisition of real property for public purposes; schools. At 5:55 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 a (3) to consider the acquisition of real property for public purposes: schools; (3) sale of real estate, well lot; (7) to consider probable litigation regarding drainage; and (7) to consider actual litigation regarding Ohio State Cellular. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ July 22, 1997 445 - - INRE: CERTIFICATION OF EXECUTIVE SESSION R·072297-3 N. 7:00 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 072297-3 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virgini~ has convened an executive meeting on this date pursuant to an affirmative recorded votéand in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1 . Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: JOINT MEETING WITH SALEM CITY COUNCIL Chairman Johnson announced that the joint meeting scheduled for July 29, 1997, with Salem City Council has been postponed. 446 July 22, 1997 ~ INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS. 1. Resolution of Conaratulations to the Glenvar Hiah School Girls - Softball Team for winnina the 1997 Division A State Championship. R-072297-4 Chairman Johnson presented the resolution to Supervisor Harrison who is retiring from coaching the softball team after 13 years. Supervisor Harrison presented Certificates of Recognition to members of the team who were present. Team member Amy Layman presented Coach Harrison with a plaque of appreciation from the team recognizing his years of coaching and the state championship. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSTAIN: Supervisor Harrison RESOLUTION 072297-4 OF CONGRATULATIONS TO GLENVAR HIGH SCHOOL GIRLS SOFTBALL TEAM FOR WINNING THE 1997 DIVISION A STATE CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Glenvar High School Girls softball team won its fifth Group A State Championship this year, beating Powhatan 1-0 in a 16-inning shutout game; and WHEREAS, the Glenvar Coach, Fenton F. ·Spike" Harrison was named regional Coach of the Year by the National High School Coaches Association, and was one of the six finalists in the United States for national Coach of the Year; and ~ JU%22,1997 447 - ~vM~K~A~, tJ1LI.,.;IIlõ:1 kill LdY111d11 wC:t:) IlcUIIt:Û All ~LdLC, All Kt:}Jiull, 1'\11 District-State Player of the Year, and right fielder Sheree Thompson was named All State, All Region, and All District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the Glenvar High School Girls Softball Team: Amy Layman; Ingrid Moldenhauer; Sheree Thompson; Renae Anderson; Sara Henderson; Tara Huff; Alison Price; Evan Burbage; Kelli Julg; Chrissy Lewis; Shelley Shiflett; Elizebeth Wilburn; Hallie East; Shannon Paxton; Heather Strine; Sabrina Dillon - Manager; Kim Ratcliffe - Scorekeeper; and Coaches Spike Harrison; Gerry Brittain; and Dennis Layman for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its congratulations also to Coach Spike Harrison for his accomplishments after 13 years coaching softball for Glenvar and for being named regional Coach of the Year; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the team members, the coaches, and the school in their future endeavors. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSTAIN: Supervisor Harrison - 2. Resolution of Conaratulations to the William Bvrd Hiah School Baseball Team for winnina the 1997 Division AA State Championship. R-072297-5 Chairman Johnson presented the resolution to Coach Rodney Spradlin. Coach Spradlin accepted Certificates of Recognition for each member of the team. Team member Scott Wise and Assistant Coach Gary Walthall were present, and Coach Spradlin advised that most of the team members were playing in the state tournament in Bedford or in Salem at an American Legion game. Supervisor Nickens moved to approve the resolution. The motion carried by 448 July 22, 1997 tlIQf~II~\iIJQle:~I~.j .~L.: - = AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None RESOLUTION 072297-5 OF CONGRATULATIONS TO WILLIAM BYRD HIGH SCHOOL BASEBALL TEAM FOR WINNING THE 1997 DMSION AA STATE CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the William Byrd High School Baseball Team, with a theme of 'One Team, One Dream." won the 1997 AA State Championship, beating Tabb High School in a 4-1 victory; and WHEREAS, the coach of the team, Rodney Spradlin, was named AA Statewide Coach of the year, and team member Chris Manning was named to the First Team AA All-Star Team, and was Region III Player of the Year. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the William Byrd High School Baseball Team: Cory Ross; Chris Ribble; Josh Durham; Randall Sell; Derek Rivers; Parker Humphreys; Nick Jones; Blake Davis; Ryan Wheeling; Chris Kendrick; Matt McGuire; Ross Blankinship; Scott Wise; Brennan Gee; Steve Ragland; Ben Smith; Neil Zimmerman; Tommy Chambers; Chris Manning; Justin Likens; Brian Spraker; Brian Rickerson; and coaches Rodney Spradlin; Gene Riggs; Gary Walthall; and Josh Herman for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the team members, the coaches, and the school in their future endeavors. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Resolution of Conaratulations to William Bvrd Hiah School for winnina first place in the 1997 Academic Division AA State Creative Writina Competition. - July 22,1997 449 - '(-u72297-& - Chairman Johnson presented the resolution to Ms. Rebekah Woodie. Ms. Woodie presented Certificates of Appreciation to those students present. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 072297-6 OF CONGRATULATIONS TO WILLIAM BYRD HIGH SCHOOL FOR WINNING FIRST PLACE IN THE 1997 ACADEMIC DIVISION AA STATE CREATIVE WRITING COMPETITION WHEREAS, Roanoke County schools emphasize academic excellence through a well-rounded curriculum and dedicated teachers; and WHEREAS, students at William Byrd High School recently won first place in the Virginia High School League AA Academic Division for a creative-writing booklet; and WHEREAS, William Byrd High School is the first school in the Roanoke Valley ever to win this award, and the students competed against 70 other high schools and 140 students, the largest number ever to participate in the competition; and WHEREAS, William Byrd was the only school in the competition whose entries were all judged "superior" or "excellent," and was also the only school to have winners in every division of the competition; and WHEREAS, the students who competed for the award are Holly Henderson, Christopher Sloan, Brian Sutton, Julia Jackson, Martin Kessler and Courtney Tolley, and their teacher is Rebekah Woodie. NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulation to the students at William Byrd High School for their creativity, dedication, and hard work in receiving first place in the Virginia High School League AA Academic Division; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the students, their teacher, and the school in their future endeavors. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 450 July 22, 1997 IIJRE. I'UDLIG III:ARING AND ~[OONU I{LAUIf~U 01 ul<DINANCL3 ~ Chairman Johnson announced that the following public hearing has been withdrawn at the request of the petitioner: Ordjnance authorizina a Special Use Permit to expand the existina facilitv. located at 4608 Brambleton Avenue. Cave Sprina Maaisterial District. upon the petition of Saint John Evanaelical Lutheran Church. Chairman Johnson announced that the following public hearing has been continued to August 19, 1997 at the request of the petitioner: Ordinance to rezone 9.77 acre from R-1 Conditional to R-1 to construct sinale familv residences. located at the south side of Woodhaven Road. approximatelv 0.5 mile east of its intersection with Green Ridae Road. Hollins Maaisterial District. upon the petition of Ernest Clark. The following public hearings were held: 1. Ordinance to rezone 1.0 acre from 1-2 to C-2 and obtain a Special Use Permit to construct a facilitv for minor auto repair associated with a used automobile dealership. located in the 3300 block of Shawnee Drive. Catawba Maaisterial District. upon the petition of Gary Ellis. /Terrv Harrinaton. Director of Plannina and Zonina) 0-072297-7 Mr. Harrington advised that the ordinance has been changed to clarify that this request is for a special use permit for minor auto repair associated with a used automobile dealership. He advised that this is an unconditional request to rezone 1.0 acres from 1-2 industrial to C-2 commercial and obtain a special use permit to construct ~ July 22,1997 451 - In:l ~~.r.t. In I1lt:m:t:II. rtr-fur anj ~.talllng fa:illt). Th. ['¡Inning P:hl!:lIIlSi:l. - evaluated the request and felt that the site was appropriate for this use. No citizens spoke at the public hearing, and the Planning Commission recommended approval of the request and special use permit. Supervisor Eddy suggested that a condition be placed on the special use permit that would not allow storage of inoperative vehicles. Mr. Ellis, petitioner, was present and responded that he would have no problem with the condition being added. Supervisor Harrison moved to adopt the ordinance and approve the special use permit with the condition that no storage of inoperative vehicles shall be allowed on the site. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 072297-7 TO CHANGE THE ZONING CLASSIFICATION AND GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A FACILITY FOR MINOR AUTO REPAIR ASSOCIATED WITH A USED AUTOMOBILE DEALERSHIP ON A 1-ACRE TRACT OF REAL ESTATE LOCATED IN THE 3300 BLOCK OF SHAWNEE DRIVE (TAX MAP NO. 55.02-2-10.1) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF 1-2 TO THE ZONING CLASSIFICATION OF C-2 UPON THE APPLICATION OF GARY ELLIS WHEREAS, the first reading of this ordinance was held on June 24, 1997, and the second reading and public hearing were held July 22, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 1, 1997; 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 Board finds that the granting of a special use permit to Gary Ellis to construct a facility for minor auto repair associated with a used automobile 452 July 22,1997 ~ dwðlêl~lIl~ IV\"CIb;u III tilt¡;; '-oJ;jUU ulv\"t\. VI ~lIdWII~t:: Ulívt: (ii::Ul Mdµ l<Ju. OÓ.02-1-IO. I) III the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of Section 15.1-456 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following condition: (1) There will be no storage of inoperable motor vehicles on the property. 2. That the zoning classification of a certain tract of real estate containing 1 acre, as described herein, and located in the 3300 block of Shawnee Drive (Tax Map Number 55.02-2-10.1) in the Catawba Magisterial District, is hereby changed from the zoning classification of 1-2, Industrial District, to the zoning classification of C-2, General Commercial District. 3. That this action is taken upon the application of Gary Ellis. 4. That said real estate is more fully described as follows: Beginning at a point on the easterly side of Shawnee Drive at the southwesterly corner of Tract "A" as shown on the Map of Fort Lewis Industrial Park which is recorded in the Clerk's Office of the Circuit Court of the County of Roanoke in Plat Book 9, page 202, which corner is also the northwesterly corner of Tract "B"; thence with the southerly line of Tract "A" N. 81° 35' 24" E. 124.75 feet to a point marked by a pin; thence with the property now or formerly owned by Charles L. Whitt, Jr., S. 8° 57' 48" E. 74.29 feet to a point marked by an iron pin; thence N. 82° 07' 16" E. 144.64 feet to a point marked by a pin, corner to the property now or formerly owned by Millard L. Foley; thence with the Foley property S. 8° 40' 44" E. 125 feet to a point marked by an old pinch pipe; thence with a new line through original Tract "B" S. 80" 15' W. 265.92 feet to a point on the easterly side of Shawnee Drive marked by a pin; thence with Shawnee Drive N. 9° 45' W. 206.9 feet to the place of beginning, and containing 1.00 acre of land. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Harrison to adopt the ordinance and approve the special use permit with condition added that there will be no storage of inoperable motor vehicles on the property, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None = 2. Ordinance authorizina a Special Use Permit to expand the existina facilitv. located at 4873 Brambleton Avenue. Windsor ~ July 22,1997 453 - Hills Ma!tlstel'lal DlstJ'ict, upon the petition of Cave 5prlnu Baptist Church. (Terry Harrinaton. Director of Plannina and Zoninal 0-072297-8 Mr. Harrington advised that this is a request for a special use permit for an addition of approximately 24,000 square feet for a facility for religious assembly on Brambleton Avenue. Part of the expansion, a 9,400 square foot family life center, would be built on church-owned property which is zoned R-1 residential which requires a special use permit. The concerns expressed by citizens at the Planning Commission public hearing related to storm water management and the buffer yard. The Planning Commission recommended approval of the special use permit with the condition that a swale shall be constructed along the western property line to direct storm water into a detention facility. Mr. Jeff Parkhill, Hughes & Associates, architect for the church, advised that the church held a community meeting and felt that they had adequately addressed the neighbors' concern about water and flooding by the putting in a 15 foot buffer zone and 6 foot opaque fence. He described the design details of the project. Associate Pastor Glenn Pierce responded to questions concerning the safety of children going to the church activities versus the safety of children going to a proposed convenience store. He advised that the expanded facilities are for the members of the congregation only; that they do not plan any after school activities or open gym; and any activities with the schools will be coordinated with the school officials. Supervisor Eddy moved to adopt the ordinance and approve the special use 454 July 22,1997 = Tt1e; me.nlon c.erríea D:Y Inð fotlovvil,g rðcordðd vOlð. - AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 072297-8 GRANTING A SPECIAL USE PERMIT TO CAVE SPRING BAPTIST CHURCH TO EXPAND THE EXISTING FACILITY LOCATED AT 4873 BRAMBLETON AVENUE (TAX MAP NO. 86.12-3-4), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Cave Spring Baptist Church has filed a petition to expand the existing facility located at 4873 Brambleton Avenue (Tax Map No. 86.12-3-4) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 1, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 24, 1997; the second reading and public hearing on this matter was held on July 22, 1997. 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 expand the existing facility located at 4873 Brambleton Avenue (Tax Map No. 86.12-3-4) in the Windsor Hills Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following condition: (1) A swale shall be constructed along the western property line to direct storm water into a detention facility. 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 Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Ordinance authorizina a Special Use Permit to allow a private kennel. located at 1529 Dalmation Drive. Catawba Maaisterial ~ July 22, 1997 455 - - District, upon the petition of Sara Cole and !S,it Davis. (Terrv Harrinaton. Director of Plannina and Zonina) 0-072297-9 Mr. Harrington advised that this is a request for a special use permit to allow a private kennel in a R-1 low density residential zoning district. The petitioners who are moving to this area currently have three Golden Retrievers. At the Planning Commission meeting several citizens from an adjacent subdivision expressed concerns about existing loud barking and dogs running loose. Because of the controls that can be placed on a private kennel, the Planning Commission recommended approval with three conditions: (1) that the private kennel shall be for a maximum of four dogs; (2) that the kennel permit shall be issued for a one year period; and (3) a kennel silencer shall be installed in any outdoor pen or run constructed to confine the animals. Supervisor Johnson advised that the Board has asked staff to amend the Roanoke County Code to allow citizens to keep three dogs instead of two. Ms. Sara Cole, 2215 Maple Street, Virginia Beach, VA, petitioner, advised that they are purchasing over three and one-half areas of land. They are planning to raise Golden Retrievers and had asked for a permit for more than four dogs. Supervisor Harrison moved to adopt the ordinance and approve the special use permit with condition amended by Supervisor Eddy to permit six dogs instead of four. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 456 July 22,1997 O~{UINAn,""... VI ~~::t, -~ ~KAN liNe! A ~"J:{;IAL U~I: Pl:ftlVlIT TO SARA COLE AND KIT DAVIS TO ALLOW A NEW PRIVATE KENNEL TO BE LOCATED AT 1529 DALMATIAN DRIVE (TAX MAP NO. 36.03-1-30), CATAWBA MAGISTERIAL DISTRICT ~ WHEREAS, Sara Cole and Kit Davis have filed a petition to allow a new private kennel to be located at 1529 Dalmatian Drive (Tax Map No. 32:..03-1-30) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 1, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 24, 1997; the second reading and public hearing on this matter was held on July 22, 1997. 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 Sara Cole and Kit Davis to allow a new private kennel to be located at 1529 Dalmatian Drive (Tax Map No. 36.03~1-30) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 Of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1 ) That the private kennel permit shall be for a maximum of six dogs. That the kennel permit shall be issued for a one year period. A kennel silencer shall be installed in any outdoor pen or run constructed to confine the animals. 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 Harrison to adopt the ordinance and approve the special use permit as amended by Supervisor Eddy to permit six dogs instead of four, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None (2) (3) 4. DENIAL of Ordinance to rezone 0.94 acre from C-1 to C-2 and obtain a Special Use Permit to construct a convenience store. ~ July 22, 1997 457 - lucated at the southwest comer or Kosecrest Koaa ana KOute - 221. Windsor Hills Maaisterial District. upon the petition of Stephen D. and Marie Freeman. (Terry Harrinaton. Director of Plannina and ZoninQ) 0-072297-10 - DENIED Mr. Harrington advised that this is a request to rezone 0.94 acre from C-1, office, to C-2, general commercial, and obtain a special use permit to construct a convenience store located at the southwest corner of Rosecrest Road and Route 221. He advised that although the property is located in the neighborhood conservation district, after evaluation, the staff determined that the most appropriate designation for this site is transition which would include office use and limited commercial. The citizens expressed many concems at the Planning Commission public hearing, and the Planning Commission recommended denial of the rezoning request and the special use permit. By memorandum dated July 17, 1997, Mr. Harrington advised that there was an inconsistency between the signage proffers limiting signage to a height of 18 feet and the suggested special use permit condition requiring a monument type sign with a maximum height of 15 feet. He suggested that if the rezoning and special use permit are approved, that the Board not accept the freestanding signage proffer but attach to the special use permit that the freestanding sign be a monument type and not exceed 15 feet in height. By memorandum dated July 22, 1997, Mr. Harrington advised that Mr. 458 July 22,1997 - Fleeman, the petitioner, SUDmmea prorrer 1I'ö this morning which states: (6) If VDOT - determines that a traffic light is warranted at the intersection of U.S. Route 221 (Brambleton Avenue) and Rosecrest Road and VDOT approves its installation, the Petitioner shall agree to pay up to a total $20,000 towards the cost of the traffic signal. Mr. Freeman also submitted a traffic study this morning but Mr. Harrington advised that staff has not had the opportunity to review the document. In response to Supervisor Johnson's inquiry for his professional recommendation, Mr. Harrington advised that his recommendation would be to deny the requests because the most appropriate use of the property is C-1 zoning. The issue is a land use issue and not one of selling tobacco or alcohol, traffic, or safety. Ed Natt, advised that he is the attorney representing Mr. and Mrs. Freeman, owners of the property who are contracting with PMI for the convenience store, and that Scott Blankenship, Tom Turner and PMI attorney Mike Pace were present. He described the details of the "country store" concept plan of the project, and reported that the access and egress to the property would be controlled by one 50 foot entrance in a location different from the existing entrance to the Freeman's remaining property. This proposed access is not immediately across the street from the entrance to Cave Spring Junior High School. He stated that there are two issues, safety and land use. He reported on the reasons why they feel this is an appropriate use of the land and that the safety issues can be successfully addressed. He outlined briefly the proffers: (1) conformance with the concept plan; (2) construction of the building and canopy in accordance with pictures ~ July 22,1997 459 - 'lYIIICI. ð,lê L...^IIIUIL~ A ell I"'" U að.lêCl July LL, 1 >:J>::JI I {::5} call \.Jt::I.,;IUUUU::' lIt:t::::> will ut:: I11ì11í111U111 ~ of 3 inch caliper; (4) signage limited to 18 feet which can be dealt with in the special use permit conditions; (5) no off premise signs will be allowed on this property; and (6) if VDOT determines that a traffic light is warranted, petitioner will pay towards the costs up to $20,000. Mike Pace, attomey for PMI, listed the various programs that they contribute to or sponsor to help promote Roanoke County. They plan to properly design and operate the store in a safe manner and feel the use of land is appropriate. They will not sell tobacco or alcohol to minors. The store will provide convenience and not be a destination location so traffic will not increase. He described the results of a sight distance study done by T. P. Parker and traffic study by Johnson, Merriman & Thompson. The sight distance is above the requirements for VDOT and a traffic light could be justified by the existing traffic. They have been contacted by people who would welcome the store and he presented petitions signed by 516 people supporting this request. He suggested that the comprehensive plan for this area should be reviewed and feels that the cluster or general store zoning is appropriated in a transition zone. He disagreed that C-1 is the only zoning classification and that felt that C-2 was appropriate if it is properly developed and planned. The following citizens spoke in opposition to the rezoning and special use permit: 1. Ann Pfeiffer. 4616 Rosecrest Road 2. Donna M. Hamner. 4606 Rosecrest Road 3. Meaan Smith. 4640 Rosecrest Road 4. Mea Davies. 5354 Doe Run Road 460 July 22,1997 ~. ~teven M. Jones. 4361 Rosevale Road 6. Homer Duff. 5236 Fordwick Drive 7. Terri Lanaford, 5940 Merriman Road (Kim Fuller. 7537 Boxwood Drive. SW. Yielded time to Ms. Lanaford 8. William J. Danco. 4507 Rosecrest Drive 9. Steve Noble. 5376 Canter Drive 10. John A. Holmaren. 7416 Fort Mason Drive 11. Gary Bowen. 4322 Rosecrest Road 12. Glen Pearce. 3021 Glenmont Drive 13. Paul M. Broadwater, 4506 Rosecrest Road 14. Bill Carr. 4405 Rosecrest Road 15. Terry T. Smith. 4640 Rosecrest Road - Supervisor Nickens suggested that the Virginia Department of Transportation conduct a traffic study in October to see if the area merits a traffic light. He also asked for a work session to be held by October 1, 1997 to clarity the definition of C-1 and C-2 zoning on Brambleton Avenue. Mer discussion, Supervisor Eddy moved to deny the rezoning and special use permit. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None DENIAL OF ORDINANCE 072297-10 TO CHANGE THE ZONING CLASSIFICATION AND GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE ON A 0.94-ACRE TRACT OF REAL ESTATE LOCATED AT THE SOUTHWEST CORNER OF ROSECREST ROAD AND ROUTE 221 (TAX MAP NOS. 86.12-3-14 AND 86.12-3-15) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF STEPHEN D. AND MARIE FREEMAN WHEREAS, the first reading of this ordinance was held on June 24, 1997, and the second reading and public hearing were held July 22, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 1, 1997; and ~ July 22,1997 461 - - bylaw. vvIILH~, lèQalllvll\"'''' ell IU ClJvC!di:::.t:::IIlt:::ul het:) bt:::~1I JJluvldt:::d i:I~ required as follows: BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, On motion of Supervisor Eddy to deny the rezoning and special use permit, and carried by the following recorded vote: ' AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson. . NAYS: None INRE: RECESS At 10:05 p.m., Chairman Johnson declared a five minute recess. INRE: OLD BUSINESS 1. Discussion of recvclina issues Chairman Johnson advised that the Board has already decided not to expand the source separation recycling program. The issue is where the drop off sites will be located for the citizens to use. Supervisor Nickens referred to Mr. Hodge's memorandum of July 16, 1997, with the suggestion that if the objective is to recycle county-wide with as little expense as possible, the six drop off sites should be located at libraries, schools, fire stations, and parks as near as possible to the residential areas. He asked that this be considered a motion. In response to questions, Mr. Hodge advised that within the next few days, staff will choose sites throughout the County, contact the Board members to get their approval, and put together an informational program for the citizens. He wiU try to get this 462 July 22,1997 dQllU 6) ltlU ruidêJle of ÅyQu~l uul illllè:lY take longer. = After discussion, Chairman Johnson restated Supervisor Nickens' motion to fully implement and locate the six drop off sites at libraries, schools, fire stations, and parks as near as possible to the residential areas. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy INRE: ADJOURNMENT At 10:20 p.m, Supervisor Minnix moved to adjourn. The motion carried by a unanimous voice vote. Submitted by. Approved by, ~~ ~. I)oA4 Brenda J. olton Deputy Clerk