9/23/1997 - Regular
~
September 23,1997
549
-
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
September 23, 1997
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the fourth Tuesday, and the second
regularly scheduled meeting of the month of September, 1997.
N RE: CALL TO ORDER
Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Bob L. Johnson, Supervisors Lee B. Eddy, Fenton
F. "Spike" Harrison, H. Odell "Fuzzy" Minnix
MEMBERS ABSENT: Vice Chairman, Harry C. Nickens
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, Community
Relations
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Steven W. Harris, Baptist
Children's Home. The Pledge of Allegiance was recited by all present.
550
September 23, 1997
-
INK~.
Kt;QUt;~ 1 ~ 10 r-v..I,"ONI:, ADD TO, OK (;I'tANGI: TI'tI: OKDI:K 01"
-
AGENDA ITEMS
Chairman Johnson announced that the public hearing and second reading
of ordinance of the petition of Ernest Clark has been continued at the request of the
petitioner until the October 28, 1997 meeting. Mr. Hodge added a resolution of
congratulations to KPMG Peat Marwick LLP upon their 100th anniversary. Clerk Mary
Allen advised that approval of the August 19, 1997 minutes was being removed from the
Consent Resolution so that County Attorney Paul Mahoney could review them.
Chairman Johnson advised that the public hearing and second reading of
ordinance upon the petition of Marc I. Wilson might be delayed. An executive session
item pursuant to the Code of Virginia, Section 2.1-344 A (3) acquisition of private property
for public use was added.
INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1... Resolution of Congratulations to KPMG Peat Marwick LLP UDon
their 100th anniversary and in recognition of their contributions
to the Roanoke Valley
R-092397-1
Chairman Johnson presented the resolution to Tracy Smith, Senior Manager,
KPMG.
Supervisor Johnson moved to adopt the resolution. The motion carried by
the following recorded vote:
~
September 23,1997
551
-
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 092397-1 OF CONGRATULATIONS TO KPMG PEAT
MARWlCK LLP ON THEIR 100TH ANNIVERSARY AND IN RECOGNITION
OF THEIR CONTRIBUTIONS TO THE ROANOKE VALLEY
WHEREAS, KPMG has over 800 offices in 125 countries with 76,000
professionals providing accounting, auditing and consulting services, and
WHEREAS, KPMG Peat Marwick LLP has 135 offices throughout the United
States, including, for over 25 years, an office in the Roanoke Valley with approximately 40
professionals serving over 35 businesses, agencies and governmental organizations, and
WHEREAS, KPMG Peat Marwick LLP personnel have served as volunteers
in the community for charitable and civic organizations including the YMCA, Junior
Achievement, Roanoke Jaycees, Literacy Volunteers, Kiwanis, Rotary and other agencies;
and have provided financial support to organizations such as the United Way, Explore
Park, Center in the Square, and the New Century Council; and
WHEREAS, on September 22, 1997, in recognition of their 100th
anniversary, KPMG Peat Marwick LLP closed all their offices in the United States, and
their 20,000 partners and employees performed various community services in their
localities.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, offers its sincere congratulations to KPMG Peat Marwick LLP
upon the occasion of its 100th anniversary;
FURTHER, the Board of Supervisors expresses its deepest appreciation to
the employees of KPMG Peat Marwick LLP, especially those in the Roanoke Office, for
honoring this important milestone in such a caring and sharing manner by volunteering
their services to the citizens and organizations of the Roanoke Valley.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
.
INRE:
NEW BUSINESS
1... Request to aDDroDriate funds to reimburse Botetourt County for
552
September 23,1997
-
prior year revenues collected in Jack Smith Industrial Park.
(Diane Hyatt. Finance Director)
A-092397 -2
Ms. Hyatt reported that on August 25, 1988, Roanoke County and Botetourt
County signed a revenue sharing agreement for revenues generated from a joint industrial
development park located partly in Botetourt County and partly in Roanoke County. The
agreement stipulated that the two counties would share equally in local real estate,
personal property, machinery and tools, business license and any other taxes collected
on the businesses in the industrial park.
Ms. Hyatt explained that Botetourt County's portion of personal property,
machinery and tools and business license tax has been remitted to them, but the portion
owed on real estate tax was not. In addition, Botetourt County has collected tax on
businesses located on their side of the industrial park that has not been remitted to
Roanoke County. Ms. Hyatt presented an analysis of the taxes owed to Botetourt County
less the taxes that are owed from Botetourt County, showing a net amount due to
Botetourt County of $158,280.86. These taxes had been collected in prior fiscal years
and were recorded as revenue so it is necessary to appropriate the funds from the
unappropriated balance. Ms. Hyatt advised that in the future this analysis will be done as
part of the year end closing procedures.
~
September 23,1997
553
-
Following discussion, Supervisor Johnson moved to appropriate
$158,280.86 from the unappropriated balance. The motion carried by the following
recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
.2. Request from Schools for an advance of $50.000 for start up cost
for Phase I of the School CaDital Construction. (Martin L.
Robison. Assistant School Superintendent)
R-092397-3
Mr. Robison advised that the acquisition of land in South County for the
proposed new high school involves environmental assessments, advertising costs for
architects and engineers, core drilling, and other related costs. The School Board is
requesting an advance of $50,000 to cover these costs. Mr. Robison reported that they
did not have a final recommendation on the land yet.
Supervisor Eddy suggested removing the clause in the resolution that the
School Board now desires to acquire land in South County.
Supervisor Minnix moved to adopt the resolution authorizing the advance of
$50,000 corrected as Supervisor Eddy suggested. The motion carried by the following
recorded vote:
554
September 23, 1997
=
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 092397-3 TO ADVANCE FUNDS 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
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the
"County Board") adopted a resolution on August 19, 1997 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, and
WHEREAS, the School Board (the "School Board") of the County of
Roanoke, Virginia (the "County") adopted a resolution on August 28, 1997 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,
and
WHEREAS, The School Board has requested an advance of $ 50,000 for
environmental assessments, advertising costs for architects and engineers, core drilling,
and other costs related to the acquisition of land in South County,
NOW THEREFORE BE IT RESOLVED that the County Board will advance
the sum of $50,000 to the School Board for environmental assessments, advertising costs
for architects and engineers, core drilling, and other costs related to the acquisition of land
in South County.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
3. Request for approval of expenditures from Public-Private
Partnership Funds on behalf of PD Lodging Associates (Brian
Duncan. Assistant Economic DeveloDment Director)
-
September 23,1997
555
-
A-092397-4
Mr. Duncan advised that PA Lodging Associates will construct a three-story,
60 room motel with an indoor swimming pool, fitness center and meeting rooms. The
estimated investment for the project is $3,465,000 with projected annual revenue
estimated to be $1,100,475. Annual taxes generated have been calculated at $87,717.
This project meets the criteria for Public-Private Partnership funds and staff is requesting
approval of $78,148 which is 50% of the connection fee for water, sanitary sewer and fire
service.
Supervisor Johnson moved to approve $74,148 from public private
partnership funds. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING
ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first readings after discussion of
Items 1 and 6, and set the second readings and public hearings for October 28, 1997.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Harrison, Minnix, Johnson
NAYS: None
IN RE:
556
September 23,1997
ABSENT:
Supervisor Nickens
1... First reading of ordinance to rezone 0.99 acre from R-1 to C-1
located on Valley Forae Avenue 100 feet south of the intersection
of Valley Forge Avenue and Concord Place. Cave Spring
Magisterial District. upon the Detition of Maynard Mannim,J.
2. First reading of ordinance to conditionally rezone 5 acres from
R-3 to C-2 and obtain a Special Use Permit to bring a
nonconforming use into conformity. located at 5300 Hawthorne
Road. Hollins Magisterial District. upon the petition of
Shenandoah Homes.
3. First reading of ordinance to obtain a Special Use Permit to
expand the existing restaurant with drive-thru window. located
at 4369 Electric Road. Cave Spring Magisterial District. upon the
petition of Wendy's of Western VA.
4. First reading of ordinance to amend conditions on 1.14 acres
zoned C-2C to construct office buildings. located at 5440 Peters
Creek Road. Hollins Maaisterial District. UDon the petition of
Radford & Co.
5. First reading of ordinance to obtain a Special Use Permit to
construct a regional storm water management basin (utility
services. maior) and for a Section 15.1-456 review for
consistency with the Roanoke County Comprehensive Plan.
located 400 feet northwest of the intersection of Ambassador
Drive and Envov Drive. Catawba Magisterial District. upon the
petition of the City of Roanoke (Montclair).
6. First reading of ordinance to obtain a Special Use Permit to
construct a regional storm water management basin (utility
services. maior) and for a Section 15.1-456 review for
consistency with the Roanoke County Comprehensive Plan.
located 300 feet southeast of the terminus of Candlelight Circle.
Catawba Magisterial District. upon the petition of the City of
Roanoke (North Lakes).
7. First reading of ordinance to rezone 2.044 acres from C-2
conditional to C-2 to construct an office building. located at 3743
~.
September 23, 1997
557
-
Challenger Avenue. Hollins Maaisterial District. upon the Detition
of Jack F. Walrond. Jr.
~ First readina of ordinance to rezone approximately 22 acres from
R-1. R-3. and C-2C to C-2 in order to construct a retail store
located on Route 220 and Valley Avenue. Cave Sprina MaQisterial
District. UDon the petition of Lowe's Co. Inc.
9. First readina of ordinance to obtain a Special Use Permit to
construct a 190 foot self·supportina broadcast tower. located at
5585 Catawba Hospital Drive. Catawba Magisterial District. upon
the Detition of Ohio State Cellular Phone Co.. Inc.
INRE:
FIRST READING OF ORDINANCES
1... First readina of an ordinance authorizina the construction of and
financing for a Local Public Works Improvement Proiect - Brushy
Mountain Water Proiect. (Garv Robertson. Utility Director)
Mr. Rob~rtson advised that several residents in the Little Brushy Mountain
area have petitioned Roanoke County for public water service. The current private system
is aging and has limited source capacity. Many well users have also testified that they
have poor water quality. The estimated construction cost to extend water service is
$780,000 to serve approximately 90 potential connections. The cost includes $105,000
funding participation by the Utility Department to provide for future expansion. In
September 1996, letters were sent to 74 property owners to determine if a majority of the
property owners were willing to pay $7,500 for water service. Forty-five property owners
expressed interest.
Mr. Robertson explained that if the project is approved, a special water
558
September 23, 1997
-
service area would be established for a period of ten years that would include a fee
structure for recovering the construction costs. The special connection fee would include
a construction cost of $7,500 and off-site facility fee in effect at the time of connection. For
initial participants who request financing, staff recommends a limit of $3,750. Staff
recommended approval of the ordinance.
Supervisor Harrison announced that he would not participate in the
discussion or vote because he lives in the area.
Supervisor Johnson moved to approve the first reading and set the second
reading for October 14, 1997. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Johnson
NAYS: None
ABSENT: Supervisor Nickens
ABSTAIN: Supervisor Harrison
2. First reading of ordinance authorizing the donation of lease of
office space in the Roanoke County Administration Center to the
Roanoke Valley Greenway Commission. (Paul Mahoney. County
Attorney)
Mr. Mahoney advised that the proposed lease provides office space to the
Greenway Coordinator and authorizes the County to act as the fiscal agent for the
Greenway Commission and to provide payroll and procurement services at no cost to the
Commission. The Commission will be responsible for its own budget including the
~,
September 23,1997
559
-
Coordinator's salary and benefits and other operating expenses such as telephone,
duplicating and postage charges.
Mr. Mahoney advised that Supervisor Eddy had offered suggested changes
to paragraph 10 and Finance Director Diane Hyatt had suggested changes to paragraph
1. He requested approval of the first reading and he will bring back the agreement in final
form at the second reading on October 14.
Supervisor Eddy advised that he would like to have the Greenway
Commission approve the agreement in principal at their next meeting.
Supervisor Minnix moved to approve the first reading with suggested
changes by Supervisor Eddy and Ms. Diane Hyatt, and set the second reading for October
14, 1997. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Harrison, Minnix, Johnson
NAYS: None
ABSENT: Supervisor Nickens
INRE:
SECOND READING OF ORDINANCES
1... Second readina of ordinance authorizing the vacation of a
portion of an existing 20 foot sanitarY sewer easement across
Lot 4. Block 4. Section 2 of Hollins Gardens. (Garv Robertson.
Utility Director)
0-092397 -5
560
September 23, 1997
-
There was no discussion of this item and no citizens to speak.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 092397-5 AUTHORIZING THE VACATION OF A PORTION
OF AN EXISTING 20-FOOT SANITARY SEWER EASEMENT ACROSS
LOT 4, BLOCK 4, SECTION NO.2 OF HOLLINS GARDENS
WHEREAS, by subdivision plat entitled "Plat of Section No. 2 HOLLINS
GARDENS", dated October 1, 1959 and recorded in the Clerk's Office of the Circuit Court
of Roanoke County, Virginia, in Plat Book 4, page 37, Dalton 0., J. E., and J. D. Oyler,
dedicated to public use a sanitary sewer easement, twenty feet (20') in width, across
certain lots in the subdivision, including Lot 4, Block 4; and,
WHEREAS, the petitioners, Jimmie R. Hollandsworth and Dorothy P.
Hollandsworth, husband and wife, are the owners of Lot 4 and the easterly 10 feet of Lot
3, Block 4, Section NO.2 of Hollins Gardens, and designated on the Roanoke County Land
Records as Tax Map No. 27.11-4-55; and,
WHEREAS, a recent survey of said property reflects that the residential
dwelling located thereon encroaches upon the west side of the existing 20' sanitary sewer
easement; and,
WHEREAS, the petitioners have requested that the Board of Supervisors of
Roanoke County, Virginia, vacate a portion of the sanitary sewer easement; and,
WHEREAS, by deed of easement dated June 6, 1996, and recorded in Deed
Book 1532, page 1336, the petitioners have granted to the Board of Supervisors of County
of Roanoke a new sanitary sewer easement across Lot 4, Block 4; and,
WHEREAS, the sum of $2,175.98 has been deposited with the Utility
Department to cover the costs for relocation of the line and easement in order to meet the
requirements of the Utility Department; and,
WHEREAS, § 15.1-482(b) of the 1950 Code of Virginia, as amended, requires
that such action be accomplished by the adoption of an ordinance by the governing body;
and,
WHEREAS, notice has been given as required by §15.1-431 of the 1950
Code of Virginia, as amended, and first reading of this ordinance was held on September
9, 1997; and the public hearing and second reading of this ordinance was held on
~
September 23,1997
561
-
September 23, 1997.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a portion of the 20' sanitary sewer easement across property
owned by Jimmie R. Hollandsworth and Dorothy P. Hollandsworth, husband and wife,
shown cross-hatched and designated as "EX. 20' SANITARY SEWER EASEMENT (P.B.
4, PG. 37)(TO BE VACATED)" upon the 'Plat Showing New Sanitary Sewer Easement
Being Granted to the County of Roanoke by Jimmie R. Hollandsworth & Dorothy P.
Hollandsworth' dated 23 February 1996, made by Lumsden Associates, P.C., a copy of
which is attached hereto as Exhibit A, be, and hereby is, vacated; and,
2. That, as a condition to the adoption of this ordinance, all costs and
expenses associated herewith, including but not limited to, sewer line relocation costs,
publication costs, survey costs and recordation of documents, shall be the responsibility
of the petitioners, Jimmie R. Hollandsworth and Dorothy P. Hollandsworth, or their
successors or assigns; and,
3. That the County Administrator, or an Assistant County Administrator,
is hereby authorized to execute such documents and take such actions as may be
necessary to accomplish this vacation, all of which shall be on form approved by the
County Attorney.
4. That this ordinance shall be effective on the date of its adoption, and
a certified copy of this ordinance shall be recorded in the Clerk's Office the Circuit Court
of Roanoke County, Virginia, in accordance with Section 15.1-482(b) of the Code of
Virginia (1950, as amended).
On motion of Supervisor Johnson to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
2. Second readino of ordinance to grant the right to use a County
water line easement for Drivate sanitarv sewer service by Cicero
H. Hall. Jr. and Doris B. Hall. (Garv Robertson. Utility Director)
0-092397-6
There was no discussion of this item and no citizens to speak.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
562
September 23,1997
-
=
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 092397-6 AUTHORIZING THE COUNTY ADMINISTRATOR
TO GRANT THE RIGHT TO USE A COUNTY WATER LINE EASEMENT
FOR PRIVATE SANITARY SEWER SERVICE BY CICERO H. HALL, JR.
AND DORIS B. HALL
WHEREAS, John M. Oakey, Inc., a Virginia corporation, is the owner of a
certain parcel of land (Tax Map No. 112-(2)-B) on Alternate Route #220 located partially
in the County of Roanoke and partially in the County of Botetourt, Virginia; and,
WHEREAS, Roanoke County has an existing 20' water line easement
running along the southern boundary line of the Oakey parcel granted by easement
document dated February 8, 1990 of record in Deed Book 1320 at page 352; and,
WHEREAS, Cicero H. Hall, Jr. and Doris B. Hall are the owners of a certain
parcel of land (Tax Map No. 112-(2)-C) located east of and adjacent to the Oakey property,
and the Halls need to acquire a 10' private sewer easement within the public easement in
order to provide service to their property; and,
WHEREAS, the proposed private easement does not conflict with the present
or proposed County use of the existing water line easement; and,
WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading of this ordinance was held on September 9, 1997; and a
second reading was held on September 23, 1997.
THEREFORE BE IT ORDAINED by the Board of Supervisors of the County
of Roanoke, Virginia as follows:
1. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject private easement does not conflict with the specified public
use of the easement, the form of the real estate interest in the subject water line easement
renders it unacceptable and unavailable for other public uses, and and is hereby declared
to be surplus; and,
2. That conveyance Cicero H. Hall, Jr. and Doris B. Hall of a 10' private
sanitary sewer easement within the existing 20' water line easement, as shown upon the
plat dated June 2,1997, made by Shanks Associates, P.C., a copy of which is attached
hereto, is hereby authorized.
3. That the County Administrator is hereby authorized to execute such
documents and take such actions on behalf of Roanoke County as may be necessary to
accomplish the conveyance, all of which shall be on form approved by the County
September 23,1997
56J
-
Attorney.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
APPOINTMENTS
1.. Fire Code Board of Appeals (Board of Adiustments and Appeals)
Supervisor Eddy nominated David M. Shelton, Jr., Electrical Engineer, to
serve a four year term as alternate which will expire October 14, 2001.
2. Grievance Panel
It was the consensus of the Board to add two additional alternate members
to assure minority and female representation. Mr. Mahoney will bring back an employee
handbook amendment to add the alternates at the October 14, 1997 meeting.
3. Hanaina Rock BattleQround and Rail Preservation Foundation.
Supervisor Eddy nominated Tim Gubala to serve another three year term
which will expire October 24, 2000.
4. Industrial Development Authority
Supervisor Minnix nominated Bill Branch to serve another four year term
which will expire September 27, 2001.
IN RE:
CONSENT AGENDA
R-092397-7: R-092397-7.b: R-092397-7.c
564
September 23,1997
-
Supervisor Minnix moved to adopt the Consent Resolution with Item 1
removed. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Johnson
-...
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 092397-7 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the certain section of the agenda of the Board of Supervisors for
September 23, 1997, designated as Item J - Consent Agenda be, and hereby is,
approved and concurred in as to each item separately set forth in said section
designated Items 1 through 6, inclusive, as follows:
1. A 3 :>fð·.·sl ef Mil'1utes August 1~, 1 ~~7
2. Confirmation of Committee Appointments to the Grievance Panel
and the Commission for Senior and Challenged Citizens.
3. Request for acceptance of Hollins Court Circle into the Virginia
Department of Transportation Secondary System.
4. Resolution of appreciation upon the retirement of George H. Altice,
Jr., General Services Department.
5. Donation of 15 foot drainage easement on property owned by Brian
M. & Ellen Hancock to the Board of Supervisors.
6. Acceptance of water and sanitary sewer facilities serving Lilies of
the Gardens, Section 3.
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 Minnix to adopt the resolution, and carried by the
~
September 23,1997
5~
-
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 092397-7.b REQUESTING ACCEPTANCE OF HOLLINS
COURT CIRCLE 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 Reauirements 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: Supervisor Minnix
Yeas: Supervisors Eddy. Minnix. Harrison. Johnson
Nays: ~
Absent: Supervisor Nickens
RESOLUTION 092397-7.C EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GEORGE H.
ALTICE, JR. FOR OVER TWENTY-THREE YEARS OF SERVICES TO
ROANOKE COUNTY
WHEREAS, George H. Altice, Jr. was first employed on July 16,1973 as a
Building Maintenance Man in the General Services Department, and has served since
June 25, 1979 as Building Maintenance Supervisor; and
WHEREAS, George H. Altice, Jr., through his employment with Roanoke
County, has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to GEORGE H. ALTICE, JR. for over twenty-three years of capable,
566
September 23, 1997
-
loyal and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
INRE:
REQUESTS FOR WORK SESSIONS
Supervisor Eddy requested that a work session be held on the
comprehensive plan update. Chairman Johnson scheduled this for the November 18,
1997 meeting.
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Johnson: (1) He advised that he received a memorandum from
Tim Gubala regarding what other localities are doing about charging fees and a
percentage of outstanding debt of IDA bond issues. He feels that the County needs to
investigate this as a source of funding for the school capital needs, greenways and
bikeways. (3) He attended the Senior Expo at the Civic Center and thought everyone did
an excellent job. He noted that the County participated. (4) He advised that those running
for Governor are recommending changes to the personal property tax, but residents are
beginning to look at the effect it will have on local governments.
Supervisor Harrison: (1) He noted that taxes are approved by the General
Assembly and not by the Governor. (2) He advised that on Saturday, September 20,
~
September 23, 1997
567
-
Supervisor Eddy, Roanoke City Mayor David Bowers and he, along with many others,
cleared trails at Hanging Rock. (3) He also attended the Marine Mud Run at Green Hill
Park. He advised that the crowd was tremendous and he was very impressed. (4) He
advised that there is someone along Mason Cove who is unhappy with the change of
Mason Cove School to Glenvar Middle and Glenvar High School, and parked a vehicle
near the comer of Bradshaw and Route 311 advertising his displeasure with this and with
other complaints. He asked the staff to see if this is a zoning violation. (5) He thanked
the Board for taking action on a water system for his neighborhood and honored Jess
Bradley for keeping the system going for so long.
Supervisor Eddy: (1) He advised that he was pleased with the results of the
SAT scores at Glenvar High school which were the highest in the Valley. (2) On
September 12 he attended a Pollution Prevention work shop sponsored by DEQ. They
have a pollution prevention office and are promoting the idea of local governments
enacting pollution preventing activities. He asked staff to investigate whether the program
would be beneficial in the County. Chairman Johnson asked Mr. Hodge to prepare a
report. (3) He attended a meeting on September 19 at Arnold Burton School on the new
technology machinery tools donated to the school. (4) He sent a memorandum on
September 17 requesting consideration of establishing a Commission on Youth to look at
gang activities, smoking, drinking and other issues affecting teens. He asked if there was
support from other Board members. Chairman Johnson asked Mr. Hodge to contact the
School Superintendent and report back. (5) He suggested in a memo that a simplified
568
September 23, 1997
financial report be developed to be used to educate citizens. Supervisors Johnson and
Harrison agreed. Mr. Hodge responded that it would take staff resource time and
publication costs and could be included in budget process. Supervisor Eddy advised that
he would be willing to develop the report. (6) He also sent a memorandum regarding
improving the utility billing format. Mr. Hodge agreed and advised that they are working
on this; that the computer system would have to be replaced; and that there are several
alternative solutions. Mr. Hodge reported on other potential changes in the utility billing
system. He will report back to the Board in 4 to 6 weeks. (7) He asked if there had been
any progress on reducing the cost of the Sewage Treatment Plant. Utility Director Gary
Robertson responded that he should have cost figures shortly and he will report back to
the Board. (8) He was pleased with the 1998 positions on issues such as greenways,
storm water management, and protecting ridgelines and viewsheds, recently adopted by
the Regional Homebuilders Association.
Supervisor Minnix: (1) He congratulated the Shell Station located on Route
419 across from Hardee's for their fine job of landscaping. (2) He received a petition from
citizens from Spring lawn about their concerns with the Virginia Department of
Transportation project. He asked Arnold Covey, Director of Engineering & Inspections,
or Mr. Hodge to respond and send him a copy of the response. (3) He advised that the
Board will receive an invitation from Mill Mountain Zoo for a special day honoring elected
officials. He encouraged the Board members to attend. (4) He noted that he also
attended Senior Expo and thought it was great. (5) He asked Mr. Hodge about progress
~
September 23,1997
569
-
at R. R. Donnelley-Phase II. Mr. Hodge updated the Board and advised that Phase II is
scheduled for 1999.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
1. Dan SDangler. 2734 Embassy Drive. asked about progress on the
Montclair Detention Pond, and acquisition of the Harris property. Mr. Hodge responded
that he had talked with the Roanoke City officials and told them that the Harris property
has to be completed before they come to the Board of Supervisors for their Special Use
Permit.
2. Reed McGhee. 1076 Quail Drive. Goodview. VA. advised that there
was a groundhog under his rental property located in Roanoke County and he was
dissatisfied with the response he received from an Animal Control officer who informed him
that they did not work with wild animals and would not allow him to borrow a trap.
Supervisor Johnson responded that Mr. McGhee should complain to the State because
state funds have been reduced. Supervisor Minnix offered to help him trap the groundhog.
3. Ronald Ramsey. 6635 Poage Valley Road Ex!. spoke about the Conrail
Carve-Up and the possibility of job losses for Norfolk Southern employees. He requested
that the Board write a letter to Linda Morgan, Chairman of the Surface Transportation
Board opposing the Conrail Carve-up.
IN RE:
REPORTS
570
September 23,1997
-
Supervisor Johnson moved to receive and file the following reports. The
motion carried by a unanimous voice vote.
1... General Fund UnaDDroDriated Balance
2. CaDital Fund Unappropriated Balance
3. Board Contingency Fund
4. Accounts Paid - Auaust 1997
IN RE:
EXECUTIVE SESSION
At 4:45 p.m., Supervisor Johnson moved to go into Executive Session
following the work session pursuant to the Code of Virginia Section 2.1-344 A. (3)
disposition of publicly held property; 2.1-344 A (5) discussion of a prospective business
or industry where there has been no previous announcement; 2.1-344 A (1) discussion of
a personnel matter; 2-1-344 (A) (3) acquisition of private property for public purposes.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
WORK SESSION
1... South County District Park Master Plan
The work session was presented by Director of Parks & Recreation Pete
~
September 23, 1997
571
-
Haislip, and members of the Parks & Recreation Advisory Commission and the Citizens
Planning Committee. Mr. Haislip offered two options: Plan A which is designed to use all
of the available property and Plan B which would include both a school sports complex and
park land. There was a slide presentation showing how the two options would be
completed. The staff recommendations included: (1) the transfer of $216,000 from the
1992 bond funds; (2) the appropriation of $20,000 for design of Phase I; (3) application
for VDOT park access funds; (4) inclusion of $100,000 in the 1998-99 CIP; and (5)
acquisition of the 11 acre school board tract.
It was the consensus of the Board to move forward, and staff was asked to
bring back the requests at the October 14, 1997 meeting.
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-092397 -8
At 6:42 p.m., Supervisor Johnson moved to return to open session and adopt
the Certification Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Johnson
NAYS:
None
ABSENT
Supervisor Nickens
RESOLUTION 092397-8 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
572
September 23,1997
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 resolution, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
1... Second reading of ordinance authorizing a Special Use Permit to
construct a communications tower. located at 6332 Franklin
Road. Cave Spring Magisterial District. upon the petition of
Michael Pruden for CFW Wireless. (Terry Harrinaton. Planning
& Zonina Director) (CONTINUED FROM AUGUST 19. 1997)
0-092397-9
Mr. Harrington advised that at the Board of Supervisors meeting on August
19, the Board tabled this item for 30 days to allow the staff and applicant the opportunity
to conduct a balloon test to determine the visibility of the tower from various points in the
County. The balloon was elevated at a location approximately 200 yards from the actual
site of the proposed tower. The Planning Commission has recommended that the tower
~
September 23,1997·
573
-
-
be increased to 170 feet in height from the 150 feet requested by CWF to increase the
potential for the co-Iocation of other wireless vendors. The site chosen for the balloon test
was approximately 100 feet lower in elevation than the tower site. For this reason, the
balloon was raised to a height of 270 feet above base elevation.
Mr. Harrington reported that based upon the balloon test, the tower will be
visible to north and south bound traffic on Route 220 and from numerous vantage points
on Crowells Gap Road and Red Hill Road. It will also be visible from many properties on
the west and east sides of Route 220.
The following citizens spoke in opposition to the tower
1. CraiQ Gould. 6433 Crowell GaD Road Roanoke spoke in opposition
because the tower would be visible from his property and drastically affect his view. He
felt it would devalue his property.
2. Randy Kinaery. 6506 Crowells Gap Road Roanoke suggested that the
balloon should have been kept up a few days instead of just few hours.
3. Rebecca Knapp. 6394 Red Hill Road. Boones Mill, advised that the road
to the tower site had been abandoned for 30 years and they will have to cut down trees to
get to it. She advised that if the road is opened up, she will have problems with people
parking near her home.
Michael Pruden, representing CFW Wireless, advised that the road will be
gated and only used about once a month, and use will be limited to CFW and the owner.
He also questioned whether property is devalued because of a tower location.
574
September 23,1997
Supervisor Minnix moved to establish a committee to develop policies and
guidelines for the location of communication towers. Mr. Harrington advised that a
regional committee had been established to look at this issue. Chairman Johnson ruled
that Supervisor Minnix's motion was out of order.
Supervisor Minnix moved to continue the item for ninety days. The motion
was defeated by the following recorded vote:
AYES: Supervisors Minnix
NAYS: Supervisor Eddy, Harrison, Johnson
ABSENT: Supervisor Nickens
Supervisor Minnix moved to approve the request at the lowest altitude (152
feet) acceptable to CFW, and that the applicant must come back to the Board of
Supervisors for any higher levels. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
Supervisor Minnix moved to establish a committee to develop guidelines and
policies in regard to the placing of wireless communication towers. The committee should
include County staff, one citizen from each district appointed by the supervisors; two
representatives from the wireless communication industry; regional representatives from
Roanoke City, City of Salem, and Town of Vinton. The motion carried by the following
recorded vote:
~
September 23,1997
575
-
-
AYES:
Supervisors Eddy, Minnix, Harrison, Johnson
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 092397-9 GRANTING A SPECIAL USE PERMIT TO
MICHAEL PRUDEN FOR CFW WIRELESS TO CONSTRUCT A
COMMUNICATIONS TOWER AT 6332 FRANKLIN ROAD (TAX MAP NO.
107.00-2-19), CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, Michael Pruden for CFW Wireless has filed a petition to
construct a communications tower located at 6332 Franklin Road (Tax Map No. 107.00-2-
19) 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, and this matter was continued to September 23,
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
Michael Pruden for CFW Wireless to construct a communications tower located at 6332
Franklin Road (Tax Map No. 107.00-2-19) in the Cave Spring Magisterial District is
substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the
provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use
Permit is hereby approved with the following conditions:
1. The height of the tower structure, excluding any antenna attached to
the structure, shall not be more than 152 feet. No microwave or other
dish type antenna shall be allowed on the tower. This structure shall
be constructed to accommodate a structure capable of being
increased to 195 feet; however, the tower structure shall not be
increased to 195 feet unless the increase is required to accommodate
co-location of equipment for another vendor/provider, and any
increase shall be subject to an additional special use permit
application.
2. The tower structure and all attached support hardware shall be
painted a flat matted color so as to better blend into the landscape
and reduce visibility and light reflection.
576
September 23, 1997
-
-
3. No lighting shall be installed on the tower structure or equipment
building except for security lighting not to exceed a height of 25 feet
in height.
4. This tower shall be structurally designed to carry sufficient loading
and the site developed to accommodate the additional buildings
necessary to accommodate co-locating of communications equipment
of at least one other vendor/provider in order to minimize the
proliferation of towers in the vicinity of this site. In addition, by
executing the special use permit requested, the applicant agrees to
make the tower available for lease within the structural capacity of the
tower and at reasonable costs adequate to recover the capital,
operating and maintenance costs of the tower location required for
the additional capacity.
5. If the use of the tower structure for wireless communications is
discontinued, the tower structure shall be dismantled and removed
from the site within 30 days of notice by the County and the special
use permit shall become void.
6. Any damage to the existing road, resulting from the construction or
operation of the tower, shall be repaired at the expense of the
petitioner.
7. Public emergency communications equipment shall be
accommodated at no expense to the County.
8. The applicant shall install a locked gate at the entrance to the private
right-of-way.
2. That this ordinance shall be in full force and effect thirty (30) days
after its final passage. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is
directed to amend the zoning district map to reflect the change in zoning classification
authorized by this ordinance.
On motion of Supervisor Minnix to adopt the ordinance with revised
conditions, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
2. Second readina of ordinance amending and reenacting Sections
5-21 and 5-24 of Article II. DOQs. Cats and other Animals. of
~
September 23, 1997
577
-
Chapter 5. Animals and Fowls. of the Roanoke County Code to
permit the keepinQ of as manv as three dOQs in a dwelling unit
and Section 30-29-2. Residential Use TYDes (private Kennel) of
the Roanoke County Zoning Ordinance. fTel1)' Hanington.
Planning & Zonino Director)
Mr. Harrington reported that the Board requested that they consider code
changes to increase the number of dogs a resident may have before a private kennel
permit is required. Currently, a kennel permit is required for three or more dogs. The
Board is considering increasing the limit from two to three. Both the Roanoke County
Code and the Roanoke County Zoning Ordinance must be amended to accomplish this.
Mr. Harrington advised that also proposed is a change in the zoning ordinance to reduce
the age of dogs subject to this definition from six months to four months to agree with the
state code that require dog licenses for dogs four months or older. This will bring the
zoning ordinance into conformity with the state and county codes. The Planning
Commission recommended approval.
Kathy Casey. 4949 Apple Tree Drive, requested an increase to a total of five
dogs.
The following citizens spoke in support of increasing the number of dogs
allowed to three:
1. Randy Turner. 3613 Jannev Drive
2. Kelly Bane. 3639 Overbrook Drive
578
September 23,1997
-
3. Tim Bane. 3639 Overbrook Drive
4. T. C. Bane. 3639 Overbrook Drive
5. David Hararave. 812 Montvue. Salem
6. Marilvn Campbell Harden 6303 Nell Drive
7. Lee Wonson. 5019 Woodmont Drive
The following citizens spoke in opposition to increasing the number of dogs
1. Horace McPherson. 3561 Forester Road
2. Bovd Overstreet. P. O. Box 1. Bent Mountain VA
Police Chief Ray Lavinder was present and reported to the Board that since
becoming Police Chief he had reviewed the animal control functions and that these officers
are now only enforcing the animal control regulations and will not be involved in routine
police work. Chief Lavinder advised that he supported the increase to three dogs.
Chairman Johnson read a letter from Supervisor Nickens who was unable
to attend the meeting. Supervisor Nickens suggested that the Board authorize citizens
who currently have three dogs to register those dogs prior to January 1, 1998 and allow
an amnesty only for those whose dogs are registered between now and January 1. The
ordinance would remain at the current limit of two dogs.
Supervisor Eddy advised that this recommendation could be an
administrative problem and he would prefer the staff recommendation of increasing the
limit to three. He moved to approve the ordinance increasing to three dogs. The motion
was defeated by the following recorded vote:
~
September 23,1997
579
-
AYES:
NAYS:
ABSENT:
Supervisor Eddy
Supervisors Minnix, Harrison, Johnson
Supervisor Nickens
Supervisor Johnson moved to grant a period of amnesty for citizens who
currently have up to three dogs whose dogs are registered by January, 1998. The
ordinance would remain at two dogs and only those who register their dogs by January,
1998 could have three dogs. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
County Attorney Paul Mahoney advised that since this is a substantial
change to the proposed ordinance, he recommended another second reading of the
ordinance. The proposed changes to the ordinance will be brought back to the October
14, 1997 meeting for adoption.
3. Second reading of ordinance to rezone approximately 0.33 acres
from C-1 to C-2 in order to oDe rate a pet business. located at
3534 Brambleton Avenue. Cave Spring Magisterial District. upon
the petition of Alex and Betty Nelson. (TerrY Harrinaton. Plannina
& Zoning Director)
0-092397-10
580
September 23,1997
-
-
Mr. Harrington reported this was a request to rezone an existing single family
houses from C-1 to C-2 to operate a retail pet shop selling pet supplies, animals and
grooming and boarding birds. He advised that a site plan review will be required that will
delineate the following: (a) VDOT approval of the entrance widening; (b) stormwater
management to accommodate the additional parking required and (c) sanitary sewer
sampling manhole. A commercial entrance permit will also be required. The Planning
Commission recommended approval of the request.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 092397-10 TO CHANGE THE ZONING CLASSIFICATION OF
A 0.33-ACRE TRACT OF REAL ESTATE LOCATED AT 3534
BRAMBLETON AVENUE (TAX MAP NO. 77.10-6-9) IN THE CAVE
SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION
OF C-1 TO THE ZONING CLASSIFICATION OF C-2 IN ORDER TO
OPERATE A PET BUSINESS, UPON THE APPLICATION OF ALEX M.
NELSON AND BETTY L. NELSON
WHEREAS, the first reading of this ordinance was held on August 19, 1997,
and the second reading and public hearing were held September 23, 1997; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on September 2, 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:
~
September 23,1997
581
-
1. That the zoning classification of a certain tract of real estate
containing 0.33 acre, as described herein, and located at 3534 Brambleton Avenue (Tax
Map Number 77.10-6-9) in the Cave Spring Magisterial District, is hereby changed from
the zoning classification of C-1, Office District, to the zoning classification of C-2, General
Commercial District.
2. That this action is taken upon the application of Alex M. Nelson and
Betty L. Nelson.
3. That said real estate is more fully described as follows:
BEING the major part of Lot 10, Block 2, Mount Vernon Heights, as shown
on survey for Alex M. Nelson and Betty L. Nelson, made by T.P. Parker &
Son, LS, dated April 21, 1997, and further described as Tax Map No. 77.10-
6-9.
4. That this ordinance shall be in full force and effect thirty (30) days
after its final passage. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is
directed to amend the zoning district map to reflect the change in zoning classification
authorized by this ordinance.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
!.. Second reading of 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 Bramblliton Avenue. Windsor Hills
Maaisterial District. upon the petition of Carilion Health
Corporation. Inc. (Terry Harrington. Planning & Zoning Director)
0-092397 -11
Mr. Harrington reported that the purpose of this request is to remove
conditions from a 1984 rezoning so that this parcel and an adjoining vacant C-2 parcel can
be used as part of an expanded parking area for Brambleton Family Physicians. The
582
September 23,1997
property lies behind commercial properties on Brambleton Avenue currently used by
Brambleton Deli, and the physicians office. Six proffers were accepted in the 1984
rezoning. To be used as a parking lot, these conditions most be removed. The Planning
Commission recommended approval. Mr. Harrington advised that one condition was
added that the petitioner does not intend to use the 25 foot easement from Garst Mill Road
as access to the parking area and will take appropriate, legal measures to discourage the
use of this easement to access the proposed parking lot. Mr. Harrington requested that
this condition be removed because it was not enforceable.
Supervisor Minnix moved to adopt the ordinance with Condition 1 removed.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 092397-11 TO CHANGE THE ZONING CLASSIFICATION OF
A 1.01-ACRE TRACT OF REAL ESTATE LOCATED BEHIND CARillON
FAMILY MEDICINE ON BRAMBLETON AVENUE (TAX MAP NO. 77.09-4-
52.1) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE
ZONING CLASSIFICATION OF C-2C TO THE ZONING CLASSIFICATION
OF C-2 UPON THE APPLICATION OF CARillON HEALTH CORP., INC.
WHEREAS, the first reading of this ordinance was held on August 19, 1997,
and the second reading and public hearing were held September 23, 1997; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on September 2, 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
~,
-
September 23,1997
58J
-
containing 1.01 acres, as described herein, and located behind Carilion Family Medicine
on Brambleton Avenue (Tax Map Number 77.09-4-52.1) in the Windsor Hills Magisterial
District, is hereby changed from the zoning classification of C-2C, General Commercial
District, Conditional, to the zoning classification of C-2, General Commercial District.
2. That this action is taken upon the application of Carilion Health
Corp., Inc.
3. That in 1984 rezoning of this property the owner of the property
voluntarily proffered in writing the following conditions which the Board of Supervisors of
Roanoke County, Virginia, accepted and the Petitioner/Owner is now requesting be
removed:
(1) To 310pe the banlc
(2) To Mydro 3eed IMe bank 30 a3 to 3tabilize it ..itM gra33 and
al9rubber; OO"J&F.
(3) To remain respon3ible for tMe 13101'8 and to correct promptly
an) ero3ion tMat may occur.
(4) To limit the permitted USC3 to mini ·ft'8rehouses.
(5) And to create al'l attractive exterior by painting tMe metal or
eery'ering nit" natural ·¡y'Ood.
(C) To abide by tMe offered site plan.
4. That the owner of the property vOluntarily proffers in writing the
following condition which the Board of Supervisors of Roanoke County, Virginia, hereby
accepts:
(1) retitioner does not intend to t.lse the 25 foot ea3ement from
Garst Mill Road as aeee33 to tMe p8rldng area aReI ',vill talee
appropriate, legal meaSUI'C3 to discourage tMe use of t19i3
ea3ement to acce33 tlge proposed parking lot.
5. That said real estate is more fully described as follows:
BEGINNING at an iron pin located at the southeast corner of the property of
Thomas R. Watkins and Linda W. Watkins as shown on survey made by T.
P. Parker & Son, E&S, dated May 15, 1979, a copy of which survey is of
record in the Clerk's Office of the Circuit Court of Roanoke County. Virginia,
in Deed Book 1132, page 453; thence along the eastern line of the property
of Watkins, N. 32° 00' W. 150.0 feet to a point located on the line of the
14.68 acre tract conveyed to Southern Land Company; thence with same,
N. 58° 00' E. 330.0 feet to a point; thence along a new line through the
property of Southern Land Company, S. 32 ° 00' E. 110.0 feet to a point
located at the northeast corner of the property of Charles R. Simpson and
Naomi G. Simpson as shown on plat made by T. P. Parker & Son, E&S,
dated June 18, 1980, of record in the Clerk's Office aforesaid in Deed Book
1147, page 748; thence with the property of Simpson, S. 58° 00' W. 130.0
584
September 23,1997
-
feet to a point; thence S. 32° 00' E. 40.0 feet to a point located on the line of
the property described as Moore's Building Supply; thence with same, S. 58°
00' W. 200.0 feet to the Place of Beginning, and containing 1.01 acres, and
being further described as Tax Map No. 77.09-4-52.1.
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 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 with condition #1
removed, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
5. Second readino of ordinance authorizino a Special Use Permit to
expand the existino facilitv. located at 1928 Loch Haven Drive.
Catawba Maoisterial District. upon the Detition of Valley Word
Ministries. (Terrv Harrington. Planning & Zoning Director)
0-092397-12
Mr. Harrington reported that the existing building is 18,904 square feet and
the proposed addition is 12,320 square feet. The expansion will enlarge the entire facility
to 31,224 square feet. The addition will be used for a community activity center. The
surrounding area is low density residential development and the property is zoned as
Agricultural Residential. At the Planning Commission meeting, the petitioner advised that
a combination of trees and shrubs will be used as buffering and screening between the
-.,
September 23,1997
585
-
house and church. 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, Johnson
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 092397-12 GRANTING A SPECIAL USE PERMIT TO
VALLEY WORD MINISTRIES TO EXPAND THE EXISTING FACILITY
LOCATED AT 1928 LOCH HAVEN DRIVE (TAX MAP NO. 36.07-1-4.1),
CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Valley Word Ministries has filed a petition to expand the
existing facility located at 1928 Loch Haven Drive (Tax Map No. 36.07-1-4.1) in the
Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
on September 2, 1997; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on August 19, 1997; the second reading and public hearing on
this matter was held on September 23, 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 Valley
Word Ministries to expand the existing facility located at 1928 Loch Haven Drive (Tax
Map No. 36.07-1-4.1) 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, Johnson
586
September 23, 1997
,-
NAYS: None
ABSENT: Supervisor Nickens
6. Second reading of ordinance authorizing a Special Use Permit to
allow summer concerts. located in Vallevpointe. Hollins
Magisterial District. upon the petition of the Easter Seal Society
of VA. Inc. (Terry HarrinQton. Planning & Zoning Director)
0-092397-13
There was no discussion of this request and no citizens to speak. The
Planning Commission recommended approval.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 092397-13 AUTHORIZING A SPECIAL USE PERMIT FOR A
FIVE YEAR PERIOD TO ALLOW SUMMER CONCERTS TO BE HELD AT
VALLEYPOINTE (TAX MAP NO. 37.07-1-14.6) IN THE HOLLINS
MAGISTERIAL DISTRICT UPON THE APPLICATION OF THE EASTER
SEAL SOCIETY OF VIRGINIA, INC.
WHEREAS, the first reading of this ordinance was held on August 19, 1997,
and the second reading and public hearing was held September 23, 1997; and
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on September 2, 1997; and
WHEREAS, legal notice and advertisement has been provided as required
~
September 23,1997
587
-
bylaw.
as follows:
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
1. That a special use permit for a five year period ending September 30,
2002, allowing summer concerts to be held from April until September of each year on a
certain tract of real estate containing approximately 2.4 acres (Tax Map Number 37.07-1-
14.6) located at Valleypointe Corporate Development Community in the Hollins Magisterial
District is hereby authorized.
2. That the applicant has voluntarily proffered the following conditions
on the special use permit which the Board of Supervisors hereby accepts:
(1) Applicant shall be responsible for complying with all Use and
Design Standards contained in § 30-87-3 of the Zoning
Ordinance. Strategies for compliance shall be as generally
outlined in the application materials dated November 13, 1992,
and shall include the hiring of personnel to provide on-site
security and direct traffic flow. Off-street parking areas shall
be provided using off-street parking areas within Valleypointe.
Adequate traffic lanes shall be preserved on all streets within
Valleypointe. If parking is provided on Valleypointe Blvd., it
shall be parallel parking only.
(2) If the current site of the concert series becomes unavailable
within the next five years due to the development of the
property, the Zoning Administrator shall have the authority to
approve an alternative site for the concert series within the
corporate center.
(3) The Special Use Permit shall run through the 2002 concert
series.
3. That this action is taken upon the application of The Easter Seal
Society of Virginia, Inc.
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.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
588
September 23,1997
-
-
7. Second readina of 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 District upon the petition of Marc I. Wilson.
(TerrY Harrinaton. Plannina & Zonina Director)
0-092397-14
Mr. Harrington reported that the petitioner plans to use the entire site for his
auto repair facility. There is one condition that no junk vehicles will be stored outside. 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, Johnson
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 092397-14 TO CHANGE THE ZONING CLASSIFICATION OF
A 0.65-ACRE TRACT OF REAL ESTATE LOCATED 130 FEET
NORTHWEST OF THE INTERSECTION OF PETERS CREEK ROAD AND
NORTH RIDGE LANE (TAX MAP NO. 37.14-1-6) IN THE CATAWBA
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1
TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON
THE APPLICATION OF MARC I. WILSON
WHEREAS, the first reading of this ordinance was held on August 19,1997,
~.
September 23,1997
589
-
and the second reading and public hearing were held September 23, 1997; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on September 2, 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 0.65 acres, as described herein, and located 130 feet northwest of the
intersection of Peters Creek Road and Northridge Lane (Tax Map Number 37.14-1-6) in
the Catawba Magisterial District, is hereby changed from the zoning classification of R-1,
Low Density Residential District, to the zoning classification of C-2, General Commercial
District.
2. That this action is taken upon the application of MARC I. WILSON.
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) No junk vehicles will be stored outside.
4. That said real estate is more fully described as follows:
BEGINNING at a point on the west side of Northridge Drive, said point being
the southeasterly corner of the Dallas R. Keith property and the
northeasterly corner of the Mattie E. James property; thence, with a line
between the Dallas R. Keith and the Mattie E. James property, S. 78050' W.
274.1 feet to an old iron on the line of the Charlie Myers property; thence,
with a line between the Charlie Myers property and the Mattie E. James
property, S. 12000' E. 119.15 feet to an iron; thence, with a new line through
the Mattie E. James property, N. 72000' E. 92.73 feet to an old axle, being
a corner to the R. E. Lee property; thence, with a line between the R. E. Lee
property and the Mattie E. James property, N. 70049' 30" E. 198.53 feet to
an old iron on the west side of Northridge Drive; thence with the west side
of Northridge Drive, N. 220 32' W. 82.08 feet to the BEGINNING, and
containing 0.65 acre, and being further described as Tax Map No. 37.14-1-6.
5. That this ordinance shall be in full force and effect thirty (30) days
after its final passage. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is
directed to amend the zoning district map to reflect the change in zoning classification
authorized by this ordinance.
On motion of Supervisor Harrison to adopt the ordinance, and carried by the
following recorded vote:
590
September 23, 1997
-
AYES:
NAYS:
ABSENT:
Supervisors Eddy, Minnix, Harrison, Johnson
None
Supervisor Nickens
8. Second readina of 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 Finney Drive and
Elizabeth Drive. Vinton MaQisterial District. upon the petition of
F. W. Finney Construction Corporation. (Tenry Harrinaton.
Plannina & Zoning Director)
0-092397-15
Mr. Harrington advised that this was an unconditional request to rezone
approximately 22.01 acres to develop single family residences. The request is needed to
correct an error in the official zoning maps which occurred during the County's 1992
comprehensive rezoning. Prior to 1992, the petitioner's two tracts, tax parcel numbers
71.10-8 and 71.10-2-70 were zoned RE, Residential Estates. When the official zoning
map for tax map # 71.10 was amended, the northern half of the petitioner's two tracts were
designated R1, which was consistent with the Comprehensive Plan. On map #71.14, the
southern half of the petitioner's two tracts was designated AG3. This error was discovered
when plans were submitted to develop Section 9 of Montgomery Village. The request is
consistent with the development land use designation of the Comprehensive Plan. The
-,
September 23,1997
591
-
Planning Commission recommended approval.
William S, McKee. 1130 Finney Drive Vinton. expressed concern about
erosion problems in the Montgomery Village subdivision. He presented photographs of
drainage and erosion problems that have caused damage in the past. He also requested
a second entrance into the subdivision, but asked that the erosion problems be resolved
first.
Supervisor Johnson asked Director of Engineering and Inspections Arnold
Covey if the County could require the petitioner to solve the erosion problems first. Mr.
Covey advised that he would prefer a berm or ditch and will include that as part of the
subdivision plans.
Matthew Fleisher. 1160 Finney Drive Vinton. advised that erosion damage
behind and above his house has ruined his yard and he can not complete his driveway
until Mr. Finney finishes his work. He also requested a new entrance to the subdivision.
Supervisor Eddy inquired whether the erosion problems could be a factor in
approving this rezoning. Mr. Mahoney responded that the rezoning issue should be
determined by the best use of the land and not by the individual involved in the rezoning.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
592
September 23, 1997
ABSENT:
Supervisor Nickens
ORDINANCE 092397-15 TO CHANGE THE ZONING CLASSIFICATION OF
APPROXIMATELY 22.01 ACRES OF REAL ESTATE LOCATED AT THE
INTERSECTION OF FINNEY DRIVE AND ELIZABETH DRIVE (TAX MAP
NOS. 71.10-1-8 AND 71.10-2-70) IN THE VINTON MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATIONS OF AG-3 AND R-1 TO
THE ZONING CLASSIFICATION OF R-1 UPON THE APPLICATION OF F.
w. FINNEY CONSTRUCTION CORP.
WHEREAS, the first reading of this ordinance was held on August 19, 1997,
and the second reading and public hearing were held September 23, 1997; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on September 2, 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 approximately 22.01 acres, as described herein, and located at the intersection
of Finney Drive and Elizabeth Drive (Tax Map Numbers 71.10-1-8 and 71.10-2-70) in the
Vinton Magisterial District, is hereby changed from the zoning classifications of AG-3,
Agriculture/Rural Preserve District, and R-1, Low Density Residential District, to the zoning
classification of R-1, Low Density Residential District.
2. That this action is taken upon the application of F. W. Finney
Construction Corp.
3. That said real estate is more fully described as follows:
Tax Map No. 71.10-1-8
Beginning at a point on Niagra Road, thence in a southeasterly direction 805
feet, more or less, to a point on the southerly side of an existing 10 foot road
as shown on plat of conveyance to Noah Settles, dated July 24, 1975,
thence S. 1° 46' 18" W. 256.25 feet, more or less, to the actual place of
beginning, thence S. 86° 50' E. 423.26 feet to a 24" maple; thence S. 43° 30'
E. 287.95 feet to a set iron; thence S. 23° 01' 30" W. 375 feet to a set iron
in black oak stump, thence N. 58° 48' 10" E. 127.84 feet to a point; thence
N. 1° 46' 18" E. 200.31 feet to a point, the actual place of Beginning and
containing 9.44 acres, more or less.
Tax MaD No. 71.10-2-70
~,
September 23,1997
593
-
Beginning at a point being the southwest corner of Lot 20, as shown on the
"Plat of River Ridge" being recorded in the Clerk's Office of the Circuit Court
of Roanoke County in Plat Book 11, page 2; thence N. 75° 27' 29" W. 279.88
feet to a point; thence N. 73° 52' 29" W. 156.80 feet to a point; thence N. 61 °
54' 29" W. 136.20 feet to a point; thence N. 39°·55' 29" W. 151.30 feet to a
point; thence N. 20" 23' 29" W. 123.50 feet to a point; thence N. 44° 50' 31"
E. 243.80 feet to a point; thence N. 23° 02' 59" E. 727.15 feet to an iron pin;
thence with the outer boundary of Section 3, Montgomery Village, being
recorded in the aforesaid Clerk's Office in Plat Book 7, page 76, S. 84° 47'
36" E. 402.15 feet to a point; thence with a curve to the left with a radius of
383.47 feet, an arc length of 119.65 feet, a chord bearing of S. 3° 05' 54" w.,
and a chord distance of 119.16 feet to a point; thence with a curve to the
right with a radius of 25.00 feet, an arc length of 44.08 feet, a chord bearing
of S. 44° 41' 00" w., and a chord distance of 38.59 feet to a point; thence
with the outer boundary of the aforementioned "Plat of River Ridge" for the
following seven courses: S. 5° 12' 24" W. 50 feet, N. 84° 47' 36" W. 71.36
feet, S. 10" 03' 44" W. 815 feet, S. 76° 06' 40" E. 108.57 feet, S. 13° 53' 20"
W. 50 feet, S. 76° 06' 40" E. 11.46 feet, and S. 13° 53' 20" W. 150 feet to the
Place of Beginning and containing 13.480 acres, more or less.
4. That this ordinance shall be in full force and effect thirty (30) days
after its final passage. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is
directed to amend the zoning district map to reflect the change in zoning classification
authorized by this ordinance.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
~ Second reading of ordinance to rezone 9.77 acres from R-1
Conditional to R-1 to construct single familv residences. located
at the south side of Woodhaven Road. approximatelv 0.5 mile
east of its intersection with Green Ridae Road. Catawba
594
September 23,1997
-
MaQisterial District. upon the petition of Ernest Clark. (Terry
Harrington. Planning & Zoning Director)
Chairman Johnson announced that this item was being continued to the
October 28, 1997 meeting at the request of the petitioner.
IN RE:
CITIZEN COMMENTS AND COMMUNICATIONS
Sara Martinez 5860 Brahma Road. expressed her concerns about the
destruction of the neighborhoods, the overcrowding at some of the schools and the need
to protect the mountain viewsheds.
IN RE:
ADJOURNMENT
Chairman Johnson declared the meeting adjourned at 9:20 p.m.
Submitted by,
Approved by,
~~.ß.J. 0 I. ~ -<-'L-
Mary H. Allen, CMC
Clerk to the Board