The URL can be used to link to this page

8/19/1997 - Regular ~, August 19, 1997 463 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 19, 1997 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday, and the only regularly scheduled meeting of the month of August, 1997. NRE: 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; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, C0!Tlmunity Relations INRE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. 464 August 19,1997 - IN Kt:: KcYUc:S 1:S I U t'U:S I t'UNc, ADD ro, OR CHANGE THE OKDcK 01- - AGENDA ITEMS Mr. Hodge added an item to New Business: approval of reimbursement resolution for Phase I of the School Capital Improvement program. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1... Recognition of Librarv staff for receiving awards for the outstanding childrens' proaram. the outstanding adult Droaram and the outstanding service innovation from the Virc;Jinia Public Library Directors' Association. (Spencer Watts. Librarv Director) Jay Stephens, Michael Ericson, Diana Rosapepe, and Sharon Hammond from the Libraries were recognized for their programs. INRE: NEW BUSINESS O. Approval of Reimbursement resolution for Phase I of the School Capital Improvement Program. (Elmer Hodc;Je. County Administrator) R-081997-1 Mr. Hodge reported that the Schools are anxious to begin work on Phase I of the Capital Construction Plan. In order to begin they will need to select a site for the new high school and begin the design phase for each of the projects. Phase I expenses ~ August 19,1997 465 - prior to next spring's VPSA bond sale is estimated at $4,075,200. Mr. Hodge advised that staff is recommending that the County approve a reimbursement resolution to advance the funds to the School Board during each step of the planning phase and reimburse itself from a future VPSA issue or General Obligation Bond issue. Each contract related to these projects will be brought individually to the Board of Supervisors for advances. Supervisor Eddy noted that the School Board did not approve a similar resolution at their meeting, and assured them that the Board of Supervisors had no authority in the selection process and would not dictate items such as sites or architects. Supervisor Nickens asked if the School Board could spend more than the $4 million approved in the resolution. Mr. Mahoney responded that they must come back for each specific request for funds. Supervisor Johnson advised that his understanding of the resolution was that the School Board was limited to the $4 million. Supervisor Eddy moved to approve the reimbursement resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 081997-1 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX- EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH THE ACQUISITION, RENOVATION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS FOR SCHOOL PROJECTS 466 August 19,1997 - = WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County") and the School Board of the County have undertaken and completed a comprehensive facilities study to determine and prioritize critical capital improvement needs for the County's public schools. WHEREAS, the Board of Supervisors of the County has determined that the acquisition, construction, renovation and equipping of the Projects described on Exhibit A (the "Projects") are essential projects. WHEREAS, the Board of Supervisors of the County or the School Board expects to pay, after the date hereof, certain expenditures (the "Expenditures") in connection with the acquisition, renovation, construction and/or equipping of the Projects. WHEREAS, the Board of Supervisors has determined that any moneys previously advanced no more than 60 days prior to the date hereof (and other moneys advanced for which an exception applies) and those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the County or the School Board for the Expenditures from the proceeds of one or more issues of tax-exempt bonds, including the Loan (the "Bonds"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA AS FOLLOWS: 1. The Board of Supervisors hereby determines that the acquisition, construction, renovation and equipping of the Projects is essential to the Roanoke County public school system. 2. The Board hereby declares its intent to reimburse itself or the School Board with the proceeds of the Bonds for the Expenditures with respect to the Projects made on and after that date which is no more than 60 days prior to the date hereof. The Board of Supervisors reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds. 3. Each Expenditure will be either (a) of a type properly chargeable to capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the County so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the County. 4. The maximum principal amount of the Bonds expected to be issued for the Project is $47,720,000. 5. The School board will request advances from the Roanoke County Board of Supervisors on an as-needed basis, through future resolutions. 6. The County will make a reimbursement allocation, which is a written allocation by the County that evidences the County's use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the applicable Project is placed in service or abandoned, but in no ~ August 19,1997 467 - event more man three years aner the date on which the Expenditure IS paid. The County recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts, expenditures by "small issuers" (based on the year of issuance and not the year of expenditure) and expenditures for construction projects of at least 5 years. 7. This resolution shall take effect immediately upon its passage. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 1... Submission of subscriber complaints reaardin9 Cable Programming Services (C.P.S.) tier rates of Cox Cable Roanoke to the Federal Communications Commission (F.C.C.). (Joseph Obenshain. Sr. Assistant County Attorney) A-081997-2 Mr. Obenshain explained that cable consumers must file rate complaints through the franchising authority and the County must receive complaints from at least two customers before it files a request with the F.C.C. to review an increase in C.P.S. rates. The County has received complaints from twelve citizens requesting a review of the recent rate increase from Cox Cable. The Board of Supervisors as the franchising authority made its initial determination on May 13 that the complaints were received within 90 days from the rate increase, and sent a written notice and draft F.C.C. Form 329 to Cox Cable. Mr. Obenshain advised that outside counsel, Moss and Barnett, have reviewed the rate increases and they are within the range permitted by F.C.C. regulations. Roanoke County received a response from Cox Cable and has 180 days to file the Form 329 to the F.C.C.. 468 August 19,1997 ~li::lfllt::<';Ulllllltmd:; Ulé:lllht:: I:sué:lld dt::<.;líllt:: tu filt:: é:llé:lle (;ulllplé:llnl un the C.P.S. lit::l, rU1I1I - 329 with the F.C.C.. In response to a question from Supervisor Minnix, Mr. Obenshain advised that if the complaints are forwarded to the F.C.C., their staff will review the calculations to see if they fall within the regulations. Supervisor Nickens moved to deny submission to the F.C.C.. William A. Cook, Jr. 3008 Lofton Road, S. w., requested that the Board file the Form 329 with the F.C.C. because citizens do not have the right to file complaints and they must go through the Board of Supervisors. Supervisor Eddy offered a substitute motion to approve submission to tlíe F.C.C.. Supervisor Nickens withdrew his motion. Supervisor Eddy's motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Resolution endorsinc the Roanoke County Business Park preliminarv conceDt plan for the development of the Glenn-Mary Site. (Elmer C. Hodge. County Administrator) R-081997-3 Mr. Hodge advised that Roanoke County has identified 463 acres of the Glenn-Mary Farm as a potential business park. A Community Advisory Committee was ~ August 19,1997 469 - e:;lé:lbllslled whléh Inèluded elVIC league members ana otners from me Duslness - communities in the area of the proposed park. At the July 22 meeting, the results of the community visioning process were presented to the Board with a request to adopt the preliminary concept plan to be used as a guideline during the Planning process. Glenvar Heights Boulevard was not recommended as an access to the site. David Hill, Hill Studios and Associates, was present and advised that the Glenvar Heights Boulevard was the least desirable access out of six possibilities because of topography and access to the site. Supervisor Harrison thanked everyone who was involved in the visioning process and moved to adopt the resolution. Supervisor Eddy advised that there were too many unknown factors to be locked in to one plan. He offered changes to the resolution to accept the concept plan as a general guideline rather than endorse the plan. He offered an amended motion to approve with his recommended changes to the resolution. The motion was defeated by the following recorded vote: AYES: Supervisor Eddy NAYS: Supervisors Minnix, Harrison, Nickens, Johnson Supervisor Harrison's original motion to adopt the resolution endorsing the Concept Plan carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy 470 August 19,1997 - I{L~ULUIIUN tJts1ii1ii1,-;;I IU LNUUI{;J.L JilL t<.UA.,":'nL COUNt. ~ BUSINESS PARK PRELIMINARY CONCEPT PLAN FOR THE GLENN- MARY SITE, DESIGNATED ON THE ROANOKE COUNTY LAND RECORDS AS TAX MAP #54.00-1-2, #54.00-1-3, AND #64.00-1-1, FOR USE AS THE DESIGN GUIDELINES IN THE DEVELOPMENT AND REZONING PROCESS WHEREAS, by Resolution #031197-5, the Board of Supervisors of Roanoke County approved an Option to Purchase Agreement dated February 26, 1997, wherein Glenn-Mary Associates granted unto the Board of Supervisors of Roanoke County, Virginia, an option to purchase approximately 463 acres of real estate designated on the Roanoke County Land Records as Tax Map #54.00-1-2, #54.00-1-3, and #64.00-1-1, ("the Glenn-Mary Site"); and, WHEREAS, Roanoke County has identified the Glenn-Mary Site as a strategic location for a new business park, to promote and encourage economic development in the County of Roanoke through increased employment and business investment, which constitutes a valid public purpose and is an important function of local government; and, WHEREAS, pursuant to authorization of the Board of Supervisors, a Design Team for the Glenn-Mary Site has conducted feasibility studies and has facilitated a Community Visioning Process with the neighboring residents and local business leaders to develop a preliminary concept plan which addresses critical issues compiled by the Community Advisory Committee and the Technical Resource Board; and, WHEREAS, on July 22, 1997, the Design Team presented to the Board of Supervisors the "Roanoke County Business Park Preliminary Concept Plan" for the Glenn- Mary Site, which has been endorsed by the Community Advisory Committee, and the Design Team recommended purchase of the property. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the "Roanoke County Business Park Preliminary Concept Plan" for the Glenn-Mary Site be, and it is hereby, endorsed for use as the design guidelines in the development and rezoning of the property into a new business park in western Roanoke County and that said Plan be, and it is hereby, transmitted to the Roanoke County Planning Commission for such actions as may be necessary and appropriate in accordance with this resolution. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy 3. Consideration of Recyclinc Alternatives. (William Rand. General ~ August 19,1997 471 - 5ervices Director) A-081997-4 Mr. Rand reported that during the past year, the Board asked staff to review the pilot recycling programs instituted in 1987 and 1989 to look at possibilities to provide this service on a countywide basis. The staff looked at several alternatives, including source separation, automated commingled, and utilizing drop-off centers around the County. At the March 25 work session, the consensus of the Board was to pursue privatization of drop-off centers through the Request for Proposal (RFP) process. Two RFP's were received and the proposal that was chosen utilized private business properties in high traffic areas such as shopping centers. The concern was expressed by the Board that non-county users would use these sites which would increase the costs. Staff was directed to find locations on County property in each magisterial district. Several possible sites have been chosen. Mr. Rand offered five alternatives: (1) expand commingled recycling; (2) expand source separated recycling; (3) negotiate and execute a contract with the private vendor for drop-off centers at County facilities; (4) conclude the curbside pilot program and provide an education program to utilize the existing recycling facilities; and (6) continue the current recycling program. Supervisor Eddy advised that he was a strong supporter of continuing the curbside collection. Prices would continue to change for recyclable materials which could decrease the cost of the service. 472 August19,1997 - Supel vi!o. r~I('Kðl h~ IIlòvða 10 ðPPIÒvé AllvlllClllVv *4, to col,Glude U 16 , curbside program. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy 4. Request to approve proceeding with items concerning Belle Grove Develooment Corporation (Elmer Hodge. County Administrator. Vickie Huffman. Assistant County Attorney. Arnold Covev. Director of Engineerinc & InsDections): úù. Review hearing on appeal bv Belle Grove Development Como ration of findincs and decisions of the Director of Engineering and Insoections related to erosion and sediment control and subdivision ordinance enforcement in Belle Grove Subdivision. A-081997-5.a Mr. Hodge explained that these problems began in 1995 with a property line dispute between the developers and adjacent neighbors. It was finally resolved but left hard feelings. A stormwater detention pond for the subdivision was built close to the Murray property line. After Hurricane Fran, two sink holes developed, one of them on the Murray ~ August 19, 1997 473 - property. Mr. Hodge advised that an underground drainage pipe would resolve the problem, but the County has not been able to get the developers and the Murrays to reach agreement. An easement is necessary and Mrs. Murray has offered to sell the 20-foot easement for $100,000, although it's assessed value is $1,000 - $1,500. Mr. Hodge explained that the only way he felt that the problem could be resolved is to pull the bond (demand the Letter of Credit) from the developers, Belle Grove Development Corporation, acquire the easement from the Murrays, and the County would contract the drainage problems. Mr. Hodge indicated that he wrote to the developers and the Murrays on June 25, 1997 in an attempt to settle the problem. His recommendations included the payment of $5,000 to Ms. Murray for the easement across her property; Belle Grove would repair the sinkhole and pay one-half of the cost of putting the pipe across the Murray property; and the County would pay the other half. Mr. Hodge advised he now recommends pulling the developer's bond (Letter of Credit) to pay for the easement and construction, and moving forward with condemnation proceedings for the easement across the Murray property. Diane Ziegler, one of the owners of Belle Grove Development Corporation, advised that this was her first development in the County. She explained that they did not actually purchase the property until after the County approved their plans, and they relied on the County approvals. Upon approval by the County engineers, they proceeded to purchase the property. Their position is that if the Engineering Department had warned them that there was no natural drainage area they would not have purchased the land. 474 August 19, 1997 - Illvy CUV IC''-Iuc;:)llll~ lIlClllllc l,;uullly JJClY IVI LIlt:: t::d:::tt::IIIt::lll, CUIU Illcít\t:: LIlli:' 11t::\..C';:);)ClIY - improvements and release their bond. Terry Parsell, a partner in Belle Grove Development Corporation, explained that on April 25 they received a letter from the County outlining nine areas where they were not in compliance. They have corrected items 3 through 9 and are in compliance with all but the first two requirements and these are the requirements they are appealing. One is the obtaining of the easement and the second item is a requirement that he obtain soil borings analysis. Mr. Parsell explained that the County is holding a bond of $171 ,000, and he requested that all but $2,000 be released pending the completion of the soil boring. Concerning the easement across the Murray property, Mr Parsell advised that he was under the assumption that there was a natural water course, and both the County and VDOT approved the plans. It was not until the Murrays complained that the County advised them that they needed a stormwater easement. Had they known that they would have requested a price reduction from the seller or not purchased the property. Mr. Parsell advised he felt that the County should pay for the easement. Supervisor Johnson asked Mr. Covey who has the burden of proof on whether there is a natural drainage course. Mr. Covey responded that the professional engineer hired by Belle Grove sealed and certified that there was a natural drainage swale. In response to other questions from the Board members, Mr. Covey advised that: (1) VDOT was involved in approval because eventually the roads would be taken into the secondary system and their approval is required; and (2) County staff relies on the ~ August 19,1997 475 - expertise of Information provlaea DY me aevelopers' professional engineers to approve their plans. Mr. Parsell advised that they did not know the difference between a natural drainage swale and a natural water course, and the County approved their plans with the term natural drainage swale. In response to a question from Supervisor Minnix, Mr. Parsell advised that their bond was $171,000. Mr. Hodge also advised that it may cost as much as $30,000 to resolve the problem. Mr. Covey also responded that in addition to other issues, the bond also covers roads, utilities, etc. and none of the bond should be released. In response to a comment by Ms. Ziegler that she assumed the County was the final authority, Supervisor Johnson pointed out that the developer shoulders the responsibility of those professionals they hire. Supervisor Nickens moved to deny the appeal by Belle Grove. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None !.Ill. Approval of the Roanoke County Bonding Committee's recommendation to formallv declare Belle Grove Develooment Corporation to be in default under their Land Subdivider's Agreement dated June 5.1995. and Erosion and Sediment Control Agreement dated June 5.1995. A-081997-5.b 476 August 19,1997 MI. Guv..y I t::fJu'"(&;d tllâl UII AfJl iI 23, lhe Cuullty lIotified the devt:ílufJt::1 II Ié:ll their Land Subdividers Agreement and Erosion and Sediment Control Agreement were due to expire within 90 days and that a completion schedule must be provided no later than May 15, 1997. The County has not received any correspondence regarding this request. On July 29, 1997, a letter was sent to the Developer explaining that the Bonding Committee had found them in default of their agreement with Roanoke County. The Bonding Committee is now recommending: (1) that the Belle Grove Development Corporation be formally declared in default on the project; (2) that the Director of Engineering and Inspections be authorized to make demand of the surety on Belle Grove's Letter of Credit for payment of the funds in full for application to complete the project; (3) that the Director of Engineering and Inspections be authorized to contract for completion of the project; and (4) that the County Attorney be authorized to institute such other measures as appropriate to enforce the applicable policies and agreements if all corrective actions and improvements have not been completed and accepted within 30 days. In response to questions from Board members, Mr. Covey explained that the bond would cover the engineering and other related costs and that the Board is being asked to ratify the decisions of the Bonding Committee. Supervisor Eddy asked if the 30 days could be extended. Mr. Mahoney responded that 30 days is the deadline included in the County Code, but the staff has been working to resolve this problem for six to eight months. However, the Board could delay action on this item until after the Board considers the next item which would begin condemnation proceedings to acquire the necessary - ~ August 19, 1997 477 - eé:l:;elllem. {'halrman Johnson delayed action on tnlS Item until completion or me next item. Following action on Item 4-c, Supervisor Nickens moved to approve Alternative #1, the Bonding Committee recommendations as outlined above. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None {.!;1 Authorization to proceed with acquisition. as orovided by law. of a 20 foot drainage easement across orooerty owned by Nyna Murray to the existinQ drainace easement alonQ Shadwell Drive (Route 605). A-081997 -5.c Assistant County Attorney Vickie Huffman advised that this item is to obtain authorization to proceed with acquisition, by eminent domain if necessary, of a 20 foot drainage easement for stormwater across property owned by Nyna Murray. Before proceeding with condemnation, staff will need to obtain a survey and appraisal and make good faith efforts to obtain the easement from the Murrays. Staff recommended that all costs be paid from the funds drawn on the developer's Letters of Credit for completion of the Belle Grove subdivision. Costs may include expenses for an independent appraisal, survey, closing costs, engineering and construction and court costs if necessary. Supervisor Nickens asked what the assessed value of the property was, 478 August 19, 1997 O)III\"C lilt:' MUllClYo) c:lO)~t::u ~ltJ{jtJ{jtJ IVI lilt:' UldlIIICl~t:: Cdo)CIIIt::IIl. MO). Ilulllllðllle~pOlluêu that the land is assessed for $58,700 without any buildings, and the total assessment with the home included is $123,400. Donald Johnson, attorney for the Murrays, reported that the developers have never negotiated with the Murrays; that this was a civil matter, not a public matter; and therefore, the land should not be condemned. He requested that the Belle Grove Developers meet with the Murrays to resolve the problem and attempt to work out a settlement. He advised that the developers created the problem that caused the damage to the Murray property. Supervisor Johnson pointed out that it was the position of the developers that they did not need to acquire an easement, and that the only offer made by the Murrays was $100,000, while the County offered $5,000 which was still higher than the assessed value of the easement. He further explained that the developer has tried to come on the property and fix the problem but has been unable to resolve the issue for months. Mr. Hodge also advised that there have been several meetings with the developers, County staff and the Murray's previous attorneys which resulted in no solution. Supervisor Nickens pointed out that this was a public matter because there were 12 homes on public streets that would be affected if there is no resolution to the stormwater management problem. Supervisor Nickens moved to approve proceeding with the acquisition of the drainage easement. The motion carried by the following recorded vote: ~ August 19, 1997 479 - ATC:::S. SUfJ'='lvi:;ul:; eddy, Minnix, /'Iarrl50n, Nlètì:ens, Jonnson NAYS: None IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first readings and set the second readings and public hearings for September 23, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 1... Ordinance to rezone aoproximately 0.33 acres from C-1 to C-2 in order to operate a pet business. located at 3534 Brambleton Avenue. Cave Spring Magisterial District. upon the petition of Alex and Betty Nelson. 2.. Ordinance to rezone 1.01 acres from C-2C to C-2 in order to construct a parking lot located behind Carilion Family Medicine on Brambleton Avenue. Windsor Hills Magisterial District. upon the petition of Carilion Health Corporation. Inc. 3. Ordinance authorizing a SDecial Use Permit to eXDand the existing facility. located at 1928 Loch Haven Drive. Catawba Magisterial District. uoon the petition of Valley Word Ministries. 4. Ordinance authorizing a Special Use Permit to allow summer concerts. located in Valleypointe. Hollins Magisterial District. upon the petition of the Easter Seal Society of VA. Inc. 5. Ordinance to rezone 0.65 acre from R-1 to C-2 to allow a minor auto repair facility. located 130 feet northwest of the intersection of Peters Creek Road and Northridge Lane. Catawba Magisterial 480 August 19, 1997 Dhdrhd. tlptJn the JltJUthnt uf Mare I. ':.11....,,". - §.. Ordinance to rezone approximately 22.01 acres from AG-3 and R- 1 to R-1 to develop single family residences. located at the intersection of Finnev Drive and Elizabeth Drive. Vinton Magisterial District. upon the petition of F. W. Finney Construction Corporation. INRE: FIRST READING OF ORDINANCES 1... First reading of ordinance amending and reenacting Sections 5- 21 and 5-24 of the Roanoke Countv Code and Section 30-29-2 of the Roanoke County Zoning Ordinance pertaining to the definition of a kennel. (Terry Harrington. Planninc & Zoning Director) Mr. Harrington advised that at the July 22 meeting, the Board directed staff to prepare code amendments to allow Roanoke County residents the right to have up to three dogs without obtaining a Special Use Permit for a private kennel. Both the County Code and the Zoning Ordinance must be amended. The Planning Commission will hold a public hearing on September 2 and second reading will be September 23. Supervisor Nickens asked why the recommendation was made to allow three dogs and Supervisor Eddy responded that the majority of the Board indicated support for the change. Supervisor Eddy moved to approve the first reading and set the second reading and public hearing for September 23, 1997 The motion carried by the following August 19, 1997 481 ~ I e<.;ul ded vote. AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None .2. First reading of ordinance authorizing the release of an existing 20 foot easement and the acceptance of the conveyance of a replacement easement. on oropertv of Mansell Herbert Hopkins. III and Sandra L. Hopkins. for access to certain oublic water facilities. (Gary Robertson. Utility Director) Mr. Robertson advised that a 20-foot roadway easement was granted to Bridlewood Associates in 1977 to provide access to a well lot serving the Bridlewood Subdivision. Roanoke County acquired the Bridlewood Water System in 1990. The subject easement was never utilized and access to the well lot and water line has been along an existing gravel drive that serves the Hopkins property. The property owners have requested that the County vacate the existing easement, accept a new easement along the existing gravel drive and agree to continue sharing equally the cost of the maintenance of the driveway. Staff recommended the vacation of the existing easement and acceptance of the new easement. Supervisor Eddy moved to approve the first reading and set the second reading for September 9, 1997 The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson 482 August19,1997 t~" T t;. Noru; - = 3. First reading of ordinance authorizing the creation of and financing for a local Public Works Improvement Proiect. West Màin Street Sewer Proiect. (Gary Robertson. Utility Director) Mr. Robertson reported that several property owners along West Main Street petitioned Roanoke County for public sewer service in early 1996. On April 8, 1996, the Board approved construction of a sewer line to serve the area. The project was estimated to cost $175,000 and was to be funded by a combination of property owners who requested the extension and a loan from the general fund. The sewer line has been installed and is now in service. This ordinance established a special service area for the project with each participating property owner paying their share of the cost through a special connection fee. The ordinance also establishes the method of financing the project for the initial property owners. Supervisor Harrison moved to approve the first reading and set the second reading for September 9, 1997 The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ First reading of ordinance authorizing the construction of and financing for a Local Public Works Improvement Proiect. - - August 19,1997 483 Mountam Heights Water Project. (Gary Robertson. Utili.t}t Director) Mr. Robertson advised that the County has prepared a cost study for extending water service to the Mountain Heights subdivision. The estimated cost of construction was $168,000 to serve 52 properties. The cost per property owner will be $4,500. Letters were mailed to the residents on May 2 to determine if a majority of the property owners were willing to pay the cost. Twenty-one of the 52 responded affirmatively which represented 40 percent of the properties. Only two positive responses were received from Wygal Drive and Rubley Lane. Staff recommended construction of a water line in Mountain Heights Drive at a cost of $130,000. Wygal Drive and Rubley Lane could be added at a later date if interest increased. Supervisor Eddy moved to approve the first reading and set the second reading for September 9, 1997 The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ First reading of ordinance authorizing the exercise of an option to purchase and authorizing the acquisition and acceptance of aooroximately 1.83 acres of real estate from David E. Harris. et ux. Dorothv Harris Miller. et. vir. and Carol Harris Likens for Parks and Recreation access ourposes. (John Chambliss. 484 August19,1997 A33bdant Cðtlnt~ At1mlnk.l. ...1...,.} - - Mr. Chambliss reported that at the July 22 meeting, the Board authorized staff to execute an option for the purchase of the 1.809 acres known as the Harris property. The tract lies directly across from the intersection of Starkey road and Merriman Road and is needed to provide appropriate traffic movement onto Merriman Road when the park is developed. The option price is $113,000 and staff is proceeding with the environmental audit and boundary survey. The funds are available in the 1992 bond referendum. Supervisor Minnix moved to approve the first reading and set the second reading for September 9, 1997 The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: SECOND READING OF ORDINANCES 1.. Second reading of ordinance authorizing the exercise of an oDtion to purchase and authorizinc;J the acquisition and acceptance of aooroximately 463 acres of real estate from Glenn- Marv Associates for a proposed new business park. and aoorooriatin9 $1 million for the accuisition. (Melinda Cox. Economic Development SDecialisU 0-081997-6 - -., August 19,1997 485 MS. t..:ox advised that staff IS recommending the adoption of the proposed ordinance which authorizes the exercise of an option to purchase, authorizing the acquisition and acceptance of 463 acres from Glenn-Mary Associates, appropriating the sum of $1 million from the General Fund Unappropriated Balance to be paid at settlement, and authorizing the execution of the necessary documents to finance the remainder of the $3 million purchase price over the next two years. The following citizens spoke concerning this issue: Winton Shelor. Sr. 4349 Shelor Farms Lane, a member of the Community Advisory Team, was present and spoke in support of the resolution and thanked the Board for allowing the community to be involved in the planning process. 2. Don Terp. 5140 Appletree Drive advised that he sent a letter to the Board of Supervisors expressing his concerns. His primary question was why the Board was spending the funds before a business plan or financial plan has been completed. He felt that there was adequate office space available now in the County, and this could cause a tax increase in the future. 3. Ann Piedmont. Economic DeveloDment Partnership, presented tax and job figures resulting from new economic development projects around the Roanoke Valley. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 486 August 19, 1997 = ORDINANCE 9819976 AI:JTIIORIZINC THE EXERCISE OF AU Ol'TIOU = TO PURCHASE AND AUTHORIZING THE ACQUISITION AND ACCEPTANCE OF APPROXIMATELY 463 ACRES OF REAL ESTATE (BEING IDENTIFIED AS COUNTY TAX MAP PARCELS 54.00-1-2, 54.00-1- 3 AND 64.00-1-1) FROM GLENN-MARY ASSOCIATES FOR ECONOMIC DEVELOPMENT PURPOSES WHEREAS, by Resolution #031197-5, the Board of Supervisors of Roanoke County approved an Option to Purchase Agreement dated February 26, 1997, wherein Glenn-Mary Associates, a limited partnership, granted unto the Board of Supervisors of Roanoke County, Virginia, an option to purchase approximately 463 acres of real estate designated on the Roanoke County Land Records as Tax Map No. 54.00-1-2, 54.00-1-3 and 64.00-1-1 (the "Property"), for the sum of $3,000,000.00; and, WHEREAS, said option provides for payment of the purchase price in three equal annual installments, with the first payment of $1 ,000,000.00 to be paid at settlement, and with future installments to be paid by deferred purchase money note bearing interest at the Adjusted Federal Rate for short-term loans in effect on the date of settlement (not to exceed 6%), and secured by a properly recorded first lien Deed of Trust on the Property; and, WHEREAS, under the terms of said agreement, the option must be exercised on or before August 31, 1997; and, WHEREAS, the property is required for the development of a new business park to promote and encourage economic development in the County of Roanoke, Virginia, through increased employment and corporate investment; and, WHEREAS, increased employment and investment constitutes a valid public purpose for the expenditure of public funds; 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 July 22, 1997; the second reading was held on August 19, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to exercise the option to purchase from Glenn-Mary Associates the following described real estate, to-wit: All those parcels or tracts of land, with improvements, situate in the County of Roanoke, Virginia, described as follows: BEING Parcel I, containing approximately 325 acres; Parcell!, containing approximately 80.64 acres; and Parcel III, containing approximately 73.60 acres, all three parcels together known as Glenn-Mary Farm. -, August 19,1997 487 - L~::>::> ANU ~XG~I-' r the following parcels: 1) That portion of the above property conveyed to the Commonwealth of Virginia for Rt. 1-81 by deed from Glenn O. Thornhill and Mary F. Thornhill dated October 25, 1962, recorded in Deed Book 703, page 429. 2) 7.499 acres on the south side of 1-81 conveyed to Joseph C. Thomas and Joseph C. Thomas, Jr., by deed from Glenn-Mary Associates dated January 12, 1989, recorded in Deed Book 1340, page 1254. 3) 1.49 acres conveyed to Edgar Dickerson and Lottie B. Dickerson by deed from Glenn O. Thornhill and Mary F, Thornhill, dated November 10, 1966, recorded in Deed Book 815, page 448. 2. That the sum of One Million Dollars ($1,000,000.00) is hereby appropriated from the General Fund Unappropriated Balance for the initial payment of the land purchase. The remaining payments will be appropriated in future fiscal years. 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute a non-recourse promissory note and a first lien deed of trust in accordance with the terms of the Option Agreement, and such other documents as may be necessary, in connection with the seller's financing of the remainder of the purchase price for the property, all of which shall be approved as to form by the County Attorney. 4. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the exercise of the option and the acquisition and acceptance of the property, all of which shall be approved as to form by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2.. Second reading of ordinance amendinQ and reenactinc 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 488 August19,1997 [IIIIC LlCIIV\.! IVI UIC I:'CIIIIIö:);)ILlIt: yt:IICICllivlI vi ö:)vulld IIVIII - commercial and industrial zoning districts. and to provide a waiver orocedure. (Terrv Harrington. Planning & Zoning Director) 0-081997-7 Mr. Harrington explained that the noise ordinance contains six exemptions that permit certain types of noises. The proposed changes modify the exemption for commercial and industrial uses, by limiting their exemption to the hours of 7 a.m. to 10 p.m. Monday thru Friday and 10 a.m. to 10 p.m. Saturday and Sunday. Noises occurring at other times of the evening, or early morning, would be subject to regulation if deemed to be a disturbance. In response to an inquiry from Supervisor Eddy, Mr. Harrington advised that the only comments from the business community have come through the Industrial Development Authority. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 081997-7 AMENDING AND REENACTING 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 GENERATION OF ~ August 19, 1997 489 - 50uNU t'KUM \,;UMMcK\,;IAL ANU INDU~TRIAL £ONING DI~TRICT5, AND TO PROVIDE A WAIVER PROCEDURE THEREFOR = WHEREAS, on October 27, 1992 the Board of Supervisors of Roanoke County adopted a noise ordinance for Roanoke County, declaring it to be the public policy of the County to promote an environment for its citizens free from excessive noise that jeopardizes their health or welfare or degrades the quality of life within the County; and, WHEREAS, this ordinance contained an exception for sound generated from commercial and industrial zoning districts which are necessary and incidental to the uses permitted therein; and, WHEREAS, the Board finds that this exception is too broad, that it has resulted in numerous complaints from citizens, and that it has effectively eliminated meaningful enforcement; and, WHEREAS, the Board finds that late night noises emanating from commercial and industrial zoning districts have a deleterious effect upon neighboring persons and constitute a noise disturbance; and, WHEREAS, the Board recognizes the importance of commercial and industrial uses to the local economy, and intends to balance the needs and interests of residential neighborhoods affected by this noise and the needs of the businesses to produce their products and services, and the employment created thereby; and, WHEREAS, it is the intention of the Board by the adoption of this ordinance to narrow the scope of said exception and to provide for a waiver procedure to mitigate serious economic hardship without the corresponding substantial benefit to the public, which may be caused by the application of this ordinance; and, WHEREAS, the first reading of this ordinance was held on July 22, 1997, and the second reading was held on August 19, 1997. BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1 ) That Article II of Chapter 13 of the Roanoke County Code be amended and reenacted as follows: ARTICLE II. NOISE **** Sec. 13-19. Exceptions from this article. The provisions of this article shall not apply to: **** (5) Sound generated in commercial and industrial zoning districts ~ºI'1ºª¥¡~º¡Ytr!ªªY¡~.&J1iiJr§,fÇf¡1;.ro.¡ª¡¡¡g¡~,lîiØpm:'ª1f 490 August 19,1997 8tð1Sii"nm¡¡::øraä':¡_Ü¡að&mîi:æm:TIB¡¡ wlli~11 é:llt:: ..:..iL....w:.........'i1.::..........::.......g...:..........J.:.........iL1L...:.ú..:.:...........:..x"".m:.:..;..w·..:.............:.:.:...:.......:........""...:. :...,........... ...:..:.. necessary and incidental to the uses permitted therein; and - = (6) Sound for which a ·..ariaFlce ~g!Vit has been granted in accordance with section 13-23 of this article. (Ord. No. 102792-12, § 1,10-27-92) Sec. 13-23. Undue hardship waiver. (a) Any person responsible for a noise source may apply to the board of supervisors for a waiver, or partial waiver, from the provisions of this article. The board of supervisors may grant such waiver, or partial waiver, upon a finding that either of the following circumstances exists: (1) The noise does not endanger the public health, safety or welfare; or (2) Compliance with the provisions of this article from which a waiver is sought would produce serious economic hardship without producing substantial benefit to the public. (b) In determining whether to grant such waiver, the board of supervisors shall consider the time of day the noise will occur, the duration of the noise, whether the noise is intermittent or continuous, its extensiveness, the technical and economic feasibility of bringing the noise into conformance with this article and such other matters as are reasonably related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship which may result from the enforcement of the provisions of this article. © ~º~l)ii!'i!rQŸ¡¡:¡:~I¡¡º¡(ªI~@IB¡¡¡oi;¡ Ne waiver, or partial waiver, issued pursuant to this article shall be granted for a period to exceed one year, but any such waiver, or partial waiver may be renewed for successive like periods if the board of supervisors shall find such renewal is justified after again applying the standards set forth in this article. No renewal shall be granted except upon written application therefor. -- Ilillll!:m¡þQª~:¡!iªy¡¡¡¡~¡,¡~¡~ºª!I¡.œlliPi¡~i.q¡;¡!¡¡ªª¡Iª@!m.~¡::ª¡t&¡Î!mj¡:!ttì¡~M August 19, 1997 491 (Ord. No. IULfi:1L-IL, 9 I, lU-Lf-i:1;¿) 2) That this ordinance shall be effective on and from August 19,1997. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Second readinc of ordinance amending and reenactinc Section 9·21 of the Roanoke County Code and Ordinance 121796-13 which established a Board of Aopeals and procedures and requirements to hear appeals from decisions made under the provisions ofChaDter9. "Fire Prevention and Protection". (John M. Chambliss. Assistant County Administrator) 0-081997-8 Mr. Chambliss advised that this ordinance spells out specifically who will serve on the Building Code Board of Adjustments and Appeals when they are serving as the Fire Code Board of Appeals. Two alternates will be added; one with fire protection engineering experience or a fire protection contractor with at least 10 years experience and another with electrical experience. Supervisor Eddy suggested adding the additional members to the Building Code Board permanently, but Mr. Mahoney felt that it would operate better to use them as alternates only for fire code appeals. 492 August19,1997 Supervisor Nickens moved to adopt the ordinance. The motion carried by the = following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 081997-8 AMENDING AND REENACTING SECTION 9-21 OF THE ROANOKE COUNTY CODE AND ORDINANCE NO.121796-13 WHICH ESTABLISHED A BOARD OF APPEALS AND PROCEDURES AND REQUIREMENTS TO HEAR APPEALS FROM DECISIONS MADE UNDER THE PROVISIONS OF CHAPTER 9, "FIRE PREVENTION AND PROTECTION", OF THE ROANOKE COUNTY CODE WHEREAS, Section 27-98 of the Code of Virginia, 1950, as amended, provides that a local governing body may establish procedures and requirements for the administration and enforcement of the Virginia Statewide Fire Prevention Code; and, WHEREAS, appeals concerning the application of this Code by the County Fire Marshal shall first lie to a local board of appeals and then to the State Building Code Technical Review Board; and, WHEREAS, by Ordinance No. 121796-13 the Board of Supervisors of Roanoke County designated itself as the board of appeals and established procedures and requirements for appeals of enforcement decisions made under the provisions of Chapter 9, "Fire Prevention and Protection" of the Roanoke County Code; and, WHEREAS, the Virginia Board of Housing and Community Development adopted certain amendments to the Virginia Statewide Fire Prevention Code, which became effective April 15, 1997; and, WHEREAS, certain of these amendments address the administrative appeals system, and the qualifications of members of the board of appeals; and, WHEREAS, said amendments require certain changes in the previous action taken by this Board; and, WHEREAS, the first reading of this ordinance was held on July 22,1997, and the second reading of this ordinance was held on August 19, 1997. BE IT ORDAINED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That Section 9-21, "Appeals" of Chapter 9, "Fire Prevention and Protection" of the Roanoke County Code is hereby amended and reenacted as follows: Section 9-21 Appeals. . . . ~ August 19,1997 493 - ~ ~ ~ lillrl"~r~i'llriirI111'.llllïr::~~:~:::::=::~,=:'~~~~:::~ æ ··'It"iñãti1i'ße bRUte JOtiè"iiHü tiy;tfj'Bøatdf $.YI@I;!~q¡§;j¡¡¡~t~i~fI¡ld.i.;rjrlf!¡'~;ill¡iÎj.i"ffl.{~1~11!III(ijj¡il~ ~ - p~gP~ª!§':~,~{!!î¡mì¡!lp~ä!~ 2. That this ordinance shall be in full force and effect from and after August 19,1997. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: APPOINTMENTS .1. Grievance Panel 494 August 19,1997 :supervisor NICKens aSKec L,;lerK Mary Allen to contact L,;eclI HIli to see If he - would be willing to be reappointed. 2. Industrial Development Authority Supervisor Nickens nominated Stephen Musselwhite for a four-year term which will expire September 27, 2001. 3. Task Force for the Disabled. Phvsically Challenced and Senior Citizens. Supervisor Nickens asked Clerk Mary Allen to send a copy of the last report of the Task Force Board to the Board members. INRE: CONSENT AGENDA R-081997 -9. R-081997 -9.d Supervisor Johnson moved to adopt the Consent Resolution after discussion of Items 3, 4, and 7, and with the understanding the Item 4 does not need approval of the lease by the Board of Supervisors. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 081997-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: ~ August 19,1997 495 - 1. That the certain section of the agenda of the Board of Supervisors for August 19, 1997 designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Approval of Minutes - June 24, 1997, July 7, 1997 (joint meeting with Roanoke City Council), July 8, 1997, and July 22, 1997. 2. Confirmation of Committee Appointments to the Industrial Development Authority and Social Services Advisory Board. 3. Request to approve Courthouse Maintenance Funds Expenditures. 4. Authorization to accept a vehicle leased by Blue Ridge Volunteer Fire Department and Rescue Squad, Inc. to Read Mountain Fire and Rescue Department, Inc., and to increase the number of vehicles in the County fleet. 5. Request for acceptance of Afton Lane and April Lane into the Virginia Department of Transportation Secondary System. 6. Acceptance of water and sanitary sewer facilities serving Summerfield, Section 2. 7. Authorization to add State Compensation Board funded position in Commissioner of Revenue's Office and to increased the number of full time County positions. 8. Request to donate surplus Metrocall pagers to Commonwealth Search and Rescue. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the resolution after discussion of items 3, 4, and 7, and with understanding that the lease mentioned in Item 4 does not need approval by the Board of Supervisors, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 496 August 19,1997 RESOLUTION 081997-9.d REQUESTING ACCEPTANCE OF AFTON LANE AND APRIL LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. - WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Reauirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: SUDervisor Johnson None Required Supervisors Eddy. Harrison. Minnix. Nickens. Johnson ~ None INRE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1... General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance -., August 19,1997 497 - 3. Board Contincency Fund 4. Account Paid· June 1997 5.. Report of Claims Activity for the Self·lnsurance Program 6. Changes to the VDOT Secondary System as of July 1997 IN RE: EXECUTWE SESSION At 6:35 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A. (3) acquisition of real property for public purpose; 2.1-344 A (7) consultation with legal counsel and briefings by staff pertaining to probable litigation, i.e. condemnation proceedings. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-081997-10 At 7:00 p.m., Supervisor Johnson moved to return to open session and adopt the resolution certifying that only two items: real estate matter and probable litigation regarding condemnation, were discussed. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson 498 August 19,1997 - NAY~: None - RESOLUTION 081997-10 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each 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 IN RE: PUBLIC HEARINGS 1... Petitions of Shenandoah Homes Retirement Viii ace. Inc. and Shenandoah Homes. Inc. to apply to the General Assembly for tax exempt status. /Paul M. Mahoney. County Attorney) A-081997-11.a Mr. Mahoney explained that staff worked with Shenandoah Homes throughout June and July following approval of the rezoning and Special Use Permit requested by Shenandoah Homes. These resolutions would express the support of the ~~ August 19,1997 499 - Board for tax exemption of Shenandoah Homes Retirement Village and Shenandoah Homes, Inc. In exchange for the County's support, the two entities would pay an annual service charge equal to 20% of the real property tax levies. In addition to adoption of the two resolutions, the Board of Supervisors was requested to adopt a Memorandum of Agreement setting out the terms for the service charge. Ed Nat!, attorney for Shenandoah Homes was present to answer questions. Mr. Mahoney requested a separate vote on each of the three issues. Supervisor Johnson moved to approve the Memorandum of Understanding. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None R-081997-11.b Supervisor Johnson moved to adopt the resolution for Shenandoah Homes Retirement Village, Inc. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 081997-11.b TO THE GENERAL ASSEMBLY SUPPORTING TAX EXEMPTION OF PROPERTY OWNED BY SHENANDOAH HOMES RETIREMENT VILLAGE, INC. WHEREAS, Shenandoah Homes Retirement Village, Inc. has petitioned this Board for support of a bill to be introduced at the 1998 Session of the Virginia General Assembly to exempt certain property of Shenandoah Homes Retirement Village, Inc. from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; and 500 August 19, 1997 - VVHcKcA::i, a pUCIiC hearing at WhiCh all citizens haa an opportunity to oe heard with respect to Shenandoah Homes Retirement Village, Inc.'s request was held by the Board on August 19, 1997; and WHEREAS, the provisions of subsection B of Section 30-19.04 of the 1950 Code of Virginia, as amended, have been examined and considered by the Board; and THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follow: 1 . The County supports the petition of Shenandoah Homes Retirement Village, Inc. seeking exemption from State and local taxation. In adopting this Resolution the Board has examined and considered the provisions of subsection B of Section 30- 19.04 of the 1950 Code of Virginia, as amended. 2. The current assessed value of the property owned by Shenandoah Homes Retirement Village, Inc. is $385,000; the property tax is $4,350.50. The Tax Parcel No. is 38.14-1-5. Anticipated development of the property owned by Shenandoah Homes Retirement Village, Inc. is estimated to increase the assessed value of the property to $11,541.203. Real estate taxes, should the exemption not be granted, would total $130,415.00. 3. The property to be designated as exempt from local real estate property taxation is that portion of the real estate designated as "Assisted Living" and the "Galleria" (except that portion of the Galleria utilized for retail commercial purposes) as shown on a conceptual site plan dated 6/9/97, which is incorporated herein and attached hereto as Exhibit 1. The "Independent Living" and "Congregate Care Facilities" shall not be exempt from taxation. 4. The Clerk is directed to forward an attested copy of this Resolution to the Chairman of the Committee of the General Assembly considering the designation of property to be exempt from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia and to the Institute. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None - R-081997-11.c Supervisor Johnson moved to adopt the resolution for Shenandoah Homes. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None --- August 19, 1997 501 - RESOLUTION 081997·11.c TO SUPPORTING TAX EXEMPTION SHENANDOAH HOMES, INC. THE GENERAL ASSEMBLY OF PROPERTY OWNED BY WHEREAS, Shenandoah Homes, Inc. has petitioned this Board for support of a bill to be introduced at the 1998 Session of the Virginia General Assembly to exempt certain property of Shenandoah Homes, Inc. from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; and WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to Shenandoah Homes, Inc.'s request was held by the Board on August 19,1997;and WHEREAS, the provisions of subsection B of Section 30-19.04 of the 1950 Code of Virginia, as amended, have been examined and considered by the Board; and THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follow: 1. The County supports the petition of Shenandoah Homes, Inc. seeking exemption from State and local taxation. In adopting this Resolution the Board has examined and considered the provisions of subsection B of Section 30-19.04 of the 1950 Code of Virginia, as amended. 2. The assessed value of the property owned by Shenandoah Homes, Inc. is $3,767,300; if this property were taxable, the property tax would be $42,570. The Tax Parcel No. is 38.14-1-34. 3. The Clerk is directed to forward an attested copy of this Resolution to the Chairman of the Committee of the General Assembly considering the designation of property to be exempt from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia and to the Institute. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1... Second reading of ordinance to amend conditions on a Planned Residential Development consisting of 39 acres. located at Mountain View Road and Wolf Run. Vinton Magisterial District. 502 August 19,1997 - upon the petition of Wolf Creek Inc. (Terry Harnngton. Planning - & Zoning Director) 0-081997-12 Mr. Harrington advised that since the project was approved in October 1995, the staff, the developers, the builders, the property owners and the design team have been reviewing the Planning and Design Document. It was determined that there are four areas where the conditions should be revised as follows: 1. Design of the VillaQe Homes: Previous Plan: 1/1/2 stories (1650 to 2150 sf); Revised Plan: 1 to 2 stories (1650 sf minimum) above ground. 2. Park Amenities: Previous Plan: amenities are build by the developer during Phase I of the project. Revised Plan: amenities shall be built by the developer as each phase of development that contains those amenities is completed. 3. Pedestrian Walkwavs: Previous Plan: Five foot wide walkways, constructed of pebble and resin, shall be lined with planting beds. Revised Plan: Variable width (3' - 6') walkways constructed of brown pebble shall be punctuated with planting beds in high exposure areas where natural landscape features do not exist. 4. Colonial Desian and Colors: Previous Plan: colonial precedent is required. Permitted colors include gray, dark gray, grayish-brown, dark gray-brown, grayish-buff and soft muted earth colors. Revised Plan: Actual color palates will be ~ August 19,1997 503 - defined in Phases 2 - 5 from the Williamsburg Palette of Exterior Paint Colors by Martin Senour Paints. Mr. Harrington reported that these revised conditions were reviewed by the National Park Service and they are in agreement. Supervisor Nickens advised that he had met with the developer, his representatives and Planner Janet Scheid, and agreed the revisions are improvements. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 081997-12 TO AMEND CONDITIONS ON A PLANNED RESIDENTIAL DEVELOPMENT ORIGINALLY CONSISTING OF 38.22 ACRES LOCATED AT MOUNTAIN VIEW ROAD AND WOLF RUN (ORIGINALLY TAX MAP NO. 50.04-3-73 NOW COMPRISED OF TAX MAP NOS. 50.04-4-1 THROUGH 50.04-4-37, INCLUSIVE, 50.04-3-73, AND 50.04-3-73.1) IN THE VINTON MAGISTERIAL DISTRICT UPON THE APPLICATION OF WOLF CREEK, INC. WHEREAS, by Ordinance 102495-10 the zoning classification of a 38.22- acre tract of real estate located at Mountain View Road and Laurel Glen Lane, north of the Blue Ridge Parkway (Tax Map No. 50.04-3-73) was changed to PRD, Planned Residential Development District; and WHEREAS, the owner voluntarily proffered in writing, and the Board accepted, conditions which were made a part of the rezoning ordinance and were set out in detail in "A Rezoning Application: Planning and Design Documents for Wolf Creek Planned Community, County of Roanoke, Virginia, Roanoke County's First Planned Residential Development (PRD), Wolf Creek, Inc., Owner & Developer, Hill Studio, P.C., Planner & Landscape Architect, June 23, 1995, updated September 13, 1995, September 29, 1995, and October 17,1995." WHEREAS, Wolf Creek, Inc. has now made application to amend these conditions, said amendments being attached to this ordinance and entitled "Wolf Creek One-Year Check-Up, Revised July 31, 1997"; and 504 August 19, 1997 = VVHt:Kt:A:S, the owners ot various lots In this PKU have JOined In tnlS application to amend these conditions; and WHEREAS, the first reading of this ordinance was held on July 22, 1997, and the second reading and public hearing were held August 19,1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 5, 1997; and, WHEREAS, legal notice and advertisement has been provided as required - bylaw. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That attached amendments entitled 'Wolf Creek One-Year Check-Up, Revised July 31, 1997," to the Planned Residential Development known as Wolf Creek located at Mountain View Road and Wolf Run, originally consisting of 38.22 acres (Tax Map No. 50.04-3-73) now comprised of Tax Map Nos. 50.04-4-1 through 50.04-4-37, inclusive, 50.04-3-73, and 50.04-3-73.1 in the Vinton Magisterial District, are voluntarily proffered by the Owners, are hereby accepted by the Board of Supervisors, and are hereby made a part of and incorporated into "A Rezoning Application: Planning and Design Documents for Wolf Creek Planned Community, County of Roanoke, Virginia, Roanoke County's First Planned Residential Development (PRD), Wolf Creek, Inc., Owner & Developer, Hill Studio, P.C., Planner & Landscape Architect, June 23, 1995, updated September 13,1995, September 29, 1995, and October 17, 1995." 2. That this action is taken upon the application of Wolf Creek, Inc. 3. That said real estate is more fully described as follows: Tax Map Nos. 50.04-4-1 through 50.04-4-37, inclusive, 50.04-3-73, and 50.04-3-73.1. BEGINNING at comer #1, said point located on the northerly right-of-way of Virginia Secondary Route #651, said point also being the southeasterly corner of Lot 1, Section 7, Falling Creek Estates (PB 12, page 170); thence leaving Route #651 and with Section 7, Falling Creek Estates, N. 14 deg. 41' 52" E. 1043.04 feet to corner #2, said point located on the southerly boundary of Section 3, Falling Creek Estates (PB 9, page 71); thence continuing with Section 3, Falling Creek Estates, N. 67 deg. 14' 20" E. 779.21 feet to corner #3, said point located on the westerly side of Section 5, Falling Creek Estates (PB 9, page 146); thence continuing with Section 5, Falling Creek Estates, S. 16 deg. 54' 06" E. 491.70 feet to corner #4; thence with the new boundary lines of Lot 6 for the following three courses comprising the southerly portion of Lot 6, Section 5, Falling Creek Estates, S. 89 deg. 15' 46" W. 20.00 feet to corner #5; thence S. 16 deg. 42' 00" E. 224.60 feet to corner #6; thence N. 73 deg. 05' 54" E. 20.00 feet to corner #7, said point located on the original Lot 6 boundary line; thence continuing with the southerly boundary of Lot 6, S. 16 deg. 54' 06" E. 312.03 feet to corner #8, said point being the northwesterly corner of Cindy F. Ross ~ August 19, 1997 505 - property; thence leaving Lot 6 and with Ross S. 16 deg. 54' 06" E. 514.98 feet to corner #9, said point located on the northerly right-of-way of Laurel Glen Lane, said point also being the southwesterly corner of property of Cindy F. Ross (DB 1376, page 943); thence leaving Ross and with Laurel Glen Lane for the following three courses, S. 66 deg. 28' 05" W. 203.72 feet to corner #1 0; thence S. 47 deg. 43' 04" W. 29.58 feet to corner #11; thence S. 63 deg. 22' 10" W. 514.79 feet to corner #12, said point located at the intersection of Laurel Glen Lane and Virginia Secondary Route 651; thence leaving Laurel Glen Lane and with Virginia Secondary Route 651 for the following four courses: thence with a curve to the left which said curve is defined by a delta angle of 13 deg. 05' 55", a radius of 577.37 feet, a chord of 131.71 feet and bearing N. 75 deg. 18' 09" W. to corner #13; thence with a curve to the right which said curve is defined by a delta angle of 27 deg. 18' 49", a radius of 481.01 feet, a chord of 227.14 feet, and bearing N. 68 deg. 11' 43" W. to corner #14; thence N. 47 deg. 52' 47" W. 362.91 feet to corner #15; thence N. 49 deg. 26' 32" W. 202.61 feet to corner #1, the place of beginning and containing 38.22 acres. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second reading of ordinance DENYING a Special Use Permit to operate a camp with daycare facilities and a permit for outdoor gatherinas. located on Yellow Mountain Road. one-half mile off of Route 220 South. Cave Spring Magisterial District. upon the petition of Christopher Pollock. (Terry Harrington. Planning & Zonina Director) 0-081997-13 506 August 19, 1997 - Mr. HarringtOn reporrea mat Mr. .....ollacK plannea to construct ana operate a - sports and adventure camp in the 5400 Block of Yellow Mountain Road. Camps are permitted by right in the AG-3 zoning district. The business plan describes the anticipated camp facilities and program which will be year round, beyond the scope of a summer camp. After-school and pre-school camps are proposed which would operate during the school year. These activities are defined as day care activities and would require a special use permit. There are also sports clinics and games proposed which will generally attract about 200 participants, but some events may draw more than 500. Those events which exceed 500 attendance require a special use permit. Mr. Harrington advised that the Planning Commission discussed the potential commercial uses of the property and the site specific activities. There are six conditions attached to the day care center and eight conditions attached to the outdoor gatherings. The Planning Commission recommended approval of the day care and outdoor gatherings. In response to questions from Supervisor Minnix, Mr. Harrington advised that without the Special Use Permit, the petitioner could have up to 200 campers, could leave lights on as long as they wanted to under the current zoning, but with the Special Use Permit, participants and lighting would be limited. Petitioner Michael Pollack advised that they would be opened for pre- kindergarten from 9 a.m. to 12 noon and for junior high from 3 p.m. to 6 p.m. Sports activities would include soccer, field hockey and basketball. --., August 19, 1997 507 - The following citizens spoke in opposition to this issue because of the number of activities, impact to the rural environment, increased traffic, safety, use of pesticides on the property, impact to the sewage system, lack of details on their state licensing for day care facilities, and impact of traffic on Route 220 at the turning lane: 1. Mike Wray, 5650 Yellow Mountain Road, presented a letter from the Clearbrook Civic League requesting denial. 2. Stephanie Klein-Davis, 5575 Yellow Mountain Road. 3. Deborah Smith, 5512 Yellow Mountain Road 4. Nancy Moore, 5077 Yellow Mountain Road 5. Kathy Hartman, 5533 Bandy Road. Mr. Pollack responded to these concerns and questions by the Board by advising that the Daycare Center will be teaching kids skills not babysitting; that they will only be developing 15 acres and there will still be 49 acres left; that other groups such as church groups and select soccer organizations would be allowed to use the property. Several Board members expressed concern about the ability to use the AG-3 property for most of these activities without a Special Use Permit and felt that it was an inappropriate use. They asked the Planning Commission and staff to look at the uses of property zoned AG-3. Supervisor Minnix moved to ~ the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 508 August 19,1997 - D~NIAL 01- OKDINAN(;c 081997-13 GRANTING A 5t'c(;IAL U:SC t't:KMII TO CHRISTOPHER POLLOCK TO OPERATE A CAMP WITH DAY CARE FACILITIES AND A PERMIT FOR OUTDOOR GATHERINGS LOCATED ON YELLOW MOUNTAIN ROAD ONE-HALF MILE OFF OF ROUTE 220 SOUTH (TAX MAP NO. 99.00-2-6.2), CAVE SPRING MAGISTERIAL DIS- TRICT = WHEREAS, Christopher Pollock has filed a petition to operate a camp with day care facilities and a permit for outdoor gatherings located on Yellow Mountain Road one-half mile off of Route 220 South (Tax Map No. 99.00-2-6.2) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 5, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 22, 1997; the second reading and public hearing on this matter was held on August 19, 1997. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Minnix to denv granting the special use permits, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Second reading of ordinance authorizina a Special Use Permit to construct a communications tower. located at 6332 Franklin Road. Cave SDring Magisterial District. UDon the petition of Michael Pruden for CFW Wireless. (Terry Harrington. Planning & Zoning Director) Mr. Harrington advised that CWF Wireless is one of as many as six new wireless communications companies to be licensed by the F.C.C. in this area and will provide digital service at a higher radio frequency than used by cellular systems. He advised that the Planning Commission reviewed this petition for several months and hired ~ August 19, 1997 509 - a consultant to look at other sites. They discussed the issues of co-locating the tower, increasing the height of the tower to provide additional space for co-locating; and what public and private policies were needed to encourage co-location. Also discussed were the general visibility of the proposed site, and what color the structure should be to best blend with the mountains. There are eight conditions related to the Special Use Permit. The Planning Commission recommended approval of the request with conditions. Supervisor Harrison asked if this request was different from the request from Ohio State Cellular with whom we are currently involved in a law suit. Mr. Mahoney advised that this applicant worked with the County staff to look at alternate sites and tried to locate on existing towers as the Board of Supervisors requested. There are also no landmarks or historical byways near the location. Petitioner Michael Pruden, CWF Wireless, spoke and explained that they try to co-locate their towers because of the cost. They share nine sites with an alliance of small telephone companies. Randy Kingery, 6506 Crowell's Gap Road, expressed opposition to the tower location, and advised that he had refused to allow a tower on his property. He suggested that a "balloon" test be conducted before the Board makes a decision. Following additional discussion on the location, Supervisor Minnix moved to delay for thirty days for a "balloon" test at the site. Supervisor Eddy suggested eliminating Condition #1, since it has already been accomplished, and removing language in Condition #7. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson 510 August 19, 1997 NAY~: None - 4. Second readina of ordinance to rezone 14.69 acres from 1-2 to 1-1 and obtain a Soecial Use Permit to construct mini-warehouses. located in the 5000 Block of Benois Road. west of the railway tracks. Cave SDrina MaQisterial District. upon the petition of Ron Knuppel. (Terry Harrinaton. Plannina & Zonina Director) 0-081997-14 Mr. Harrington advised that two conditions were added at the Planning Commission hearing: (1) vegetation shall be maintained on any cut slopes; and (2) the buildings shall be of neutral, earth tone colors. The Planning Commission recommended approval with the conditions. There was no discussion, and Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 081997-14 TO CHANGE THE ZONING CLASSIFICATION OF A 14.69-ACRE TRACT OF REAL ESTATE AND TO GRANT A SPECIAL USE PERMIT TO CONSTRUCT MINI-WAREHOUSES LOCATED IN THE 5000 BLOCK OF BENOIS ROAD WEST OF THE RAILWAY TRACKS (TAX MAP NO. 87.10-2-4) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF 1-2 TO THE ZONING CLASSIFICATION OF 1-1 WITH CONDITIONS UPON THE APPLICATION OF RON KNUPPEL ~ August 19, 1997 511 - WHEREAS, the first reading of this ordinance was held on July 22, 1997, and the second reading and public hearing were held August 19, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 5, 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 zoning classification of a certain tract of real estate containing 14.69 acres, as described herein, and located in the 5000 block of Benois Road west of the railway tracks (Tax Map Number 87.10-2-4) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of 1-2, Industrial District, to the zoning classification of 1-1, Industrial District. 2. That this action is taken upon the application of Ron Knuppel. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Vegetation shall be maintained on any cut slopes. (2) The buildings shall be of neutral, earth tone colors. 4. That said real estate is more fully described as follows: BEGINNING at an iron pin corner on the westerly side of Va. State Route 633 (formerly Route 753) which is the southeasterly corner of a two-acre parcel designated as Parcel) in the deed from Robert S. Brown and Mary M. Brown to Old Dominion Homes, Inc., dated June 5, 1969, and of record in Deed Book 877 at page 226 in the Office of the Clerk of the Circuit Court of Roanoke County; thence with the line of the Beasley & Place .80 acre parcel for a distance of 278.00' N. 35° 04' 13" W. a total distance of 746.48' to an iron pin corner; thence S. 62° 55' 47" W. 715.21' to an old pipe corner; thence S. 28° 23' 44" W. 475.10' to a pipe corner; thence S. 66° 05' 20" E. 582.52' to an iron pin corner; thence N. 45° 06' 40" E.636.18' to an iron pin corner which is the northeasterly corner of the PAL Finance Co. property (Deed Book 732, page 429); thence with the line of the PAL Finance Co. property aforesaid, S. 35° 15' E. 238.18' to a point; thence S. 45° 10' 20" W. 40' to a point; thence S. 35° 15' E. 41.75' to a point on the westerly side of Va. State Route 633; thence with the said westerly line of Va. State Route 633, N. 45° 10' 20" E. 208.20' to a point of curve; thence continuing with the westerly side of Va. State Route 633 with a curve to the left the radius of which is 875.40' and the delta angle of which is 2° 39' for an arc distance of 40.52' to the place of Beginning; and, LESS AND EXCEPTING that certain parcel of land conveyed to the Board of Supervisors of Roanoke County by deed dated November 17,1978, which is more particularly described as follows: 512 August 19, 1997 = :starting at a pOint on the southerly side of a 20-foot wide easement to Meadowlark Road which is the southeasterly corner of the property now or formerly owned by Gramco, Inc.; thence with the southerly side of said 20- foot wide easement N. 62° 24' E. 192 feet to a point which is the southwesterly corner of an existing well lot, property of the Board of Supervisors of Roanoke County, the Actual Place of Beginning; thence with the well lot N. 5SG 35' 10" E. 100 feet to a point; thence with three new lines through the property of Old Dominion Homes, Inc., S. 59° 35' 10" W. 100' to a point; and N. 30° 24' 50" W. 100 feet to the Place of Beginning, and containing 0.23 acre, and being known as the reservoir lot as shown on plat made by Buford T. Lumsden & Associates, P.C. dated 10 November 1978; and - 5. That the Board finds that the granting of a special use permit to Ron Knuppel to construct mini-warehouses located in the 5000 block of Benois Road west of the railway tracks (Tax Map No. 87.10-2-4) in the Cave Spring 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. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conftict 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 reftect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 5. Second readina of 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 Starkev Road and Buck Mountain Road. Cave Sorinl;J Magisterial District. upon the petition of Joe R. Blackstock. (Terry Harrinaton. Plannina & Zonina Director) ~. August 19,1997 513 0-081997-15 - Mr. Harrington reported that the Planning Commission evaluated this request and recommended denial in June because of several concerns regarding grading of roads, storrnwater, pedestrian access and water and sewer. N. their June 24 meeting, the Board of Supervisors referred the request back to the Commission for further evaluation. As a result of this review the petitioner has agreed to six proffers. They address the number of lots, public water and sewer, road layout and street grades, the provision of a pedestrian easement along Starkey and the installation of Type D screening along the property line where the 1-1 zoning is proposed to be R-1. The Planning Commission heard the request on August 5 and recommended approval. Michael Blankenship, 5320 Spencer Drive, spoke and expressed support for the R-1 rezoning. In response to an inquiry from Supervisor Johnson, Mr. Harrington advised that there would be a deed restriction on the lot that would be buffered. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 081997-15 THE ZONING CLASSIFICATION OF A 35.69- ACRE TRACT OF REAL ESTATE LOCATED BETWEEN MERRIMAN ROAD AND THE INTERSECTION OF STARKEY ROAD AND BUCK MOUNTAIN ROAD (TAX MAP NO. 97.01-1-5) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3 514 August 19, 1997 AND I-I TO THE ZONING CLA&SIl~I('A TION OF R-1, WITH CONDITIONS UPON THE APPLICATION OF JOE R. BLACKSTOCK = WHEREAS, the first reading of this ordinance was held on May 27, 1997, and the second reading and public hearing were held June 24, 1997, and, August 19, 1997; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 3, 1997, and August 5,1997; and WHEREAS, legal notice and advertisement has been provided as required bylaw. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 35.69 acres, as described herein, and located between Merriman Road and intersection of Starkey Road and Buck Mountain Road, (Tax Map Number 97.01-1-5) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-3, Medium Density Multi-Family Residential District, and 1-1, Industrial District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Joe R. Blackstock. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (1) The subdivision shall have no more than 29 lots. (2) All lots shall be served by public water and sewer. (3) All lols shall have frontage on a state maintained road. (4) Only one street connection shall be made to Starkey Road. Driveway connections to Starkey road shall be prohibited. (5) A 20 foot pedestrian easement shall be created adjacent to Starkey Road. A six foot wide mulched walkway shall be constructed in the easement. (6) Type "D" screening, as described in the Roanoke County Zoning Ordinance shall be provided along the western boundary line where existing 1-1 zoning is rezoned to R-1 zoning. (7) Grading of the site shall generally conform and be limited to that portrayed on the Preliminary Layout for "Summerplace", prepared by Lumsden Associates and dated June 16th, 1997. 4. That said real estate is more fully described as follows: BEGINNING at Comer #1, said Corner #1 being the corner common to said 35.69 acres, property of Rodney W. McNeil and Norma M. McNeil as recorded in DB 1263, page 1311 and the southerly right-of-way line of Starkey Road (Virginia Secondary Route 904); thence along the line common to said 35.69 acres and said Starkey Road the following courses and distances: N. 60" 30' 52" E. 233.44 feet to Corner #2; thence N. 70· 40' ~ August 19,1997 515 - 26" E. 191.71 feet to Corner #3; thence N. 75° 05' 04" E. 99.40 feet to Corner #4; thence N. 78° 00' 29" E. 350.00 feet to Corner #5; thence N. 80° 39' 47" E. 25.02 feet to Corner #6; said Corner #6 being the corner common to said 35.69 acres, property of Eugene B. Knighton, recorded in DB 1328, page 731 and the southerly right-of-way line of said Starkey Road; thence along the line common to said 35.69 acres and property of Eugene B. Knighton the following courses and distances, 236.21 feet along the arc of a curve to the right, whose radius is 212.50 feet, central angle is 63° 41' 15", whose tangent is 131.98 feet and chord bearing and distance is S. 20° 09' 51" W. 224.23 feet to Corner #7; thence S. 52° 00' 29" W. 20.54 feet to Corner #8; thence N. 78" 00' 29" E. 108.18 feet to Corner #9; thence N. 80° 39' 47" E. 211.54feet to Comer #10; thence N. 71° 58' 27" E. 160.07 feet to Corner #11; thence N. 75° 30' 29" E. 67.70 feet to Corner #12; said corner #12 being the corner common to said 35.69 acres, said property of Eugene B. Knighton and property of G.H. Board as recorded in DB 1038, page 240; thence along the line common to said 35.69 acres, said property of G.H. Board and Graceland Subdivision as recorded in PB 9, page 350, the following course and distance, S. 03° 25' 40" E. 1203.54 feet to Corner #13, said Corner #13 being the corner common to said 35.69 acres, said Graceland Subdivision and property of T.R. Hackley and recorded in DB 291, page 214; thence along the line common to said 35.69 acres and property ofT.R.Hackley, the fOllowing courses and distances, N. 88° 03' 12" W. 100.50 feet to Corner #14; thence N. 68° 46' W. 264.00 feet to Corner #15; thence S. 85° 28' 11" W. 237.60 feet to Corner #16; thence N. 72° 01' 49" W. 330.00 feet to Corner #17, said Comer #17 being the corner common to said 35.69 acres, said property of T.R.Hackley and property of the County of Roanoke, as recorded in DB 1288, page 1003; thence along the line common to said 35.69 acres and said property of County of Roanoke the following courses and distances: N. 48° 46' 49" W. 150.00 feet to Corner #18; thence S. 41° 13' 11" W. 150.00 feet to Corner #19; thence S. 48° 46' 49" E. 150.00 feet to Comer #20, said Corner #20 being the corner common to said 35.69 acres, said property of County of Roanoke and said T.R.Hackley; thence along the line common to said 35.69 acres and said property ofT.R.Hackley the following courses and distances: S. 41° 13' 11" W. 180.00 feet to Corner #21; thence S. 69° 58' 11" W. 313.50 feet to Corner #22; thence S. 80° 58' 11"W. 211.20 feet to Corner #23; thence N. 12° 13' 11" E. 211.20 feet to Corner #24, said Corner #24 being the corner common to said 35.69 acres, said property of T.R. Hackley and said property of Rodney W. McNeil and Norma M. McNeil; thence along the line common to said 35.69 acres and said McNeil property the following courses and distances: N. 81° 58' 11" E. 52.14 feet to Corner #25; thence N. 15° 04' 13" E. 845.49 feet to Corner #26; thence N. 27° 55' 30" W. 158.62 feet to Corner 516 August 19, 1997 = #27; thence N. 17° 29' 56" E. 59. 78 feet to Comer #1, the pOint of Beginning, containing a computed acreage of 35.69 acres. = 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 Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 6. Second reading of ordinance authorizing a Special Use Permit to replace an existina church. located at 7424 Cove Hollow Road. Catawba Magisterial District. uoon the petition of Junior L. Conner. Trustee for Little Hope Primitive Baptist Church. (Terry Harrington. Planning & Zoning Director) 0-081997-16 This request was heard earlier in the evening session. Mr. Harrington advised that this was a request to construct a small church on a 1.75 acre parcel of land on Cove Hollow Road and will replace an existing facility. The proposal conforms to the County's Comprehensive Plan. The Planning Commission recommended approval. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None - August 19,1997 517 - ORDINANCE 081997-16 GRANTING A SPECIAL USE PERMIT TO JUNIOR L. CONNER TO REPLACE AN EXISTING CHURCH AT 7424 COVE HOLLOW ROAD (TAX MAP NO. 82.00-1-7), CATAWBA MAGISTE- RIAL DISTRICT WHEREAS, Junior L. Conner has filed a petition to replace an existing church located at 7424 Cove Hollow Road (Tax Map No. 82.00-1-7) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 5, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 22, 1997; the second reading and public hearing on this matter was held on August 19, 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 Junior L. Conner to replace an existing church located at 7424 Cove Hollow Road (Tax Map No. 82.00-1-7) 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. 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 carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CITIZEN COMMENTS AND COMMUNICATIONS 1... Diane Bowles. Mountain Heights Drive. spoke about the need for water in their neighborhood. She was informed that the water project was approved earlier in the meeting. IN RE: EXECUTIVE SESSION 518 August 19,1997 - }\t 1:1:55 p.m., Supervisor Johnson moved to go Into Executive 5e:;:;lun = following the work session pursuant to the Code of Virginia Section 2.1-344 A. (7) probable litigation - utility easements; legal matter; gain sharing agreement with Vinton. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: WORK SESSION 1... Update on the reaional Sewage Treatment Plant The work session was held from 9:00 p.m. until 9:35 p.m. It was presented by Utility Director Gary Robertson and Assistant Utility Director Bob Benninger. They offered a slide presentation updating the Board on the Tinker Creek Interceptor and the Roanoke River Interceptor and Roanoke County's cost allocations on the regional sewerage improvements. They reported that the projected funds available for the project was $16,531,300 and the revised estimated budget is now $17,881,351, with a projected budget shortfall of $1,350,051. Mr. Robertson advised that there are several alternatives to address the projected funding shortfall, but he recommended evaluating the feasibility of using a combination of large gravity interceptor sewer lines, rehabilitation of existing gravity interceptor sewer lines and sewage pumps and pressure force main sewer lines at a total cost that has not yet been determined. INRE: CERTIFICATION RESOLUTION - August 19, 1997 519 - K-UlSl~~/-ll At 9:45 p.m., Supervisor Johnson moved that the Executive Session was held from 9:35 p.m. until 9:45 p.m. and to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 081997-17 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each 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 IN RE: ADJOURNMENT Chairman Johnson declared the meeting adjourned at 9:46 p.m. 520 August 19,1997 5UDmmea DY, Approvea cy, = ~ ~ß~ Mary H. Allen, CMC Clerk to the Board