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3/26/1996 - Regular March 26, 1996 181 __. .~.~ _-0., .. .~.~.~_~ _ __. _A~.__~~'_'''___~~_ - ..~ Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 March 26, 1996 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 March, 1996. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3: 01 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, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Dr. Michael Nevling, Colonial Presbyterian Church. The Pledge of Allegiance was ~2 ~arch 26. 1996 ~ recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS County Attorney Paul Mahoney added three executive session items: (1) a legal matter, boundary adjustment with the City of Salem; (2) a real estate matter regarding surplus well lots; and (3) a personnel matter. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Proclamation declarinq the month of AÐril 1996 as Child Abuse Prevention Month in Roanoke County. The proclamation was accepted by Shannon Brabham from the Child Abuse Prevention Council. Supervisor Minnix moved to adopt the proclama~ion. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None IN RE: NEW BUSINESS ~ Resolution sUÐÐortinq the Virqinia DeÐartment of TransÐortation Six Year Primary Road Plan. (Arnold Covey. Director of Enqineerinq & InsÐections) R-032696-1 Mr. Covey advised that the VDOT Preallocation Hearing ~arch 26, 1996 183 ----- for fiscal year 1996í97 is scheduled for April 2, 1996. On March 12, the staff conducted a work session with the Board to consider prioritizing the County projects in the current plan and the unfunded projects to be included in future plans. At the work session, the Board decided that all projects should receive a high priority. Mr. Covey explained that the Salem District is comprised of 10 cities and 11 counties, that there is $83 million for all projects in the Salem District, and that the funding is based on population figures. There was considerable discussion on whether to prioritize the projects. Supervisor Eddy also offered modified language for the resolution. There was Board consensus to accept his modifications. Supervisor Harrison advised that he would not support the resolution unless the additional three unfunded projects are included. He also announced that he would be making the presentation on April 2, 1996. There was general consensus that the state needed to increase its funding levels statewide. Supervisor Nickens moved to adopt the resolution amended with (1) suggested changes by Supervisor Eddy, (2) with prioritization of the unfunded projects as suggested by Supervisor Eddy, and (3) with the additional language requesting that the state expand their pool of available state wide funds in the future. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Nickens, Johnson NAYS: Supervisors Minnix, Harrison 184 March 26, 1996 RESOLUTION 032(;96-1 REQUESTING VDOT TO CONTINUE FUNDING FOR PROJECTS CURRENTL Y ON THE PLAN AND ADOPT THOSE PROJECTS IDENTIFIED AS "PROJECTS NOT ON PLAN" FOR INCLUSION INTO THE 1996-2002 PRIMARY AND INTERSTATE SIX YEAR IMPROVEMENT' PLAN WHEREAS, the six Year Improvement Program is the Commonwealth Transportation Board's plan for identifying funds anticipated to be available for highway and other forms of transportation construction for distribution in the 1996-2002 plan; and WHEREAS, this program is assist in the allocation of federal interstate, primary, and secondary roads. updated annually and state funds to for BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the following projects identified as "Projects On Plan" continue to receive funding for construction; and Projects . On Plan Route 1-81 - Roanoke County is very supportive of the Virginia Department of Transportation's proposed plan to increase the number of north and south travel lanes. Currently, there are two lanes in either direction. As a part of this plan, Roanoke County is requestiI',q that consideration be given to improving all interchanges and investigate the possibility of constructing an additional interchange between Wildwood Road (Route 619) and the interchange at Dixie Caverns (Route 460). Increased urbanization, availability of utilities, and the potential for industrial development within the area justify the investigation of another interchange to serve this portion of Roanoke County. . Route 221 (Bent Mountain Road) - Roanoke County is strongly committed to upgrading this highway between Rt. 419 and the foot of Bent Mountain, and requests that construction on the next 2-mile portion be completed as soon as possible. Much of our residential growth is proj ected to take place in the part of the County served by Rt. 221, and there are no feasible alternate routes by which commuters can reach the commercial areas of the Roanoke Valley. Traffic is severe now, and will become much worse as new residential subdivisions are developed in that part of ~arch 26, 1996 185 -- the County. · Route 311 (Catawba valley Drive) Roanoke County supports the installation of left turn lanes at the parking areas serving users of the Appalachian Trail, as requested and funded by the National Park Service. Item 4 under "Projects Not On Plan." · Interstate 73 through the Roanoke valley - Roanoke County strongly supports the development of plans to access the Roanoke Valley by I-73, believing this road will be a great asset for our citizens and for economic development of the area. We welcome the opportunity to work with highway officials in planning the most effective route and interchanges. · Route 220 South Feasibility study Roanoke County supports all actions that will lead to improvements in Rt. 220 between Roanoke City and the North Carolina state line, to improve safety, convenience and efficiency. The existing road is very dangerous and a serious impediment to all kinds of traffic between Roanoke, Martinsville, and the population and commercial centers in North Carolina. We strongly recommend that the road be upgraded soon, suitable for future use as part of the I-73 system. 2. That th~ following projects identified as "Projects Not On Plan" have been recognized by the Board of Supervisors as extremely important to the growth of Roanoke County and have been prioritized for inclusion in the VDOT Six Year Improvements Program for the 1996-97 Fiscal Year. Pro;ects Not On Plan: 1. Route 11 (Williamson Road) - Roanoke County is most grateful for the recent improvements to Rt. 11 between Plantation Road and the Botetourt County line. However, these improvements emphasize the serious bottleneck created by the existing 3-lane road extending from Plantation Road south to the 4 -lane road in Roanoke ci ty . This section of road is 1.92 miles in length, has a traffic count of approximately 18,000 vpd, and is a designated alternate for Interstate routes I- 81 and I-581. A deteriorating bridge has recently been downgraded in its weight limit, and there are numerous dangerous intersections. A preponderance of adjacent property is developed for commercial 186 1\1arch 26, 1996 use. We respectfully and earnestly state that this project belongs on the primary 6-year plan. 2. Route 11/460 (West Main street) - This section of highway is similar to that described for williamson Road, in that Rt. 11/460 inside the limits of the City of Salem has recently been upgraded to five lanes, and the highway from Rt. 612 west to the County line is already four lanes. A 1.75 mile 3-lane bottleneck is left that must serve a rapidly expanding commercial and industrial area, and as an alternate route for I- 81. The current traffic count is approximately 11,000 vpd, but recently announced industrial plants for Rusco and R.R. Donnelley and Sons ($200 million investment) are expected to increase the traffic level sUbstantially. Roanoke County earnestly requests that Rt. 11/460 west of Salem be added to the primary road 6-year plan. 3. Route 115 (Plantation Road) Roanoke County encourages the continuation of improvements north to Route 11; however, if funding is not available for the entire project, the County is asking that consideration be given to additional spot improvements (turn lanes, alignment and grade improvements) at various locations. The existing road (2.43 mi.) i6 a two lane facility with numerous side connections to residential neighborhoods . Additional land is available for future development. The road is winding in spots with some minor grade changes. The average annual daily traffic estimates for Route 115 is approximately 15,000 vpd from Roanoke City Corporate limits to I-81. 4. Route 311 (Catawba Valley Road) - The intersection at Bradshaw Road is in dire need of turning lanes. Increasing residential development and commuters from Craig County have greatly increased traffic flow on this primary road and cause congestion at the major intersections, leading to severe problems of safety and efficiency. Roanoke County respectfully requests that these turning lanes and other safety improvements be added to the primary road 6-year plan. 3. That the Board of Supervisors encourages the Commonwealth of Virginia to create an expanded pool of funds to ~arch 26, 1996 187 - -- meet the increasing transportation needs of all localities in the Commonwealth of Virginia. On motion of Supervisor resolution amended with suggested changes with additional language requesting that pool of available statewide funds in the the following recorded vote: Nickens to adopt the by Supervisor Eddy and the state expand their future, and carried by AYES: NAYS: Supervisors Eddy, Nickens, Johnson Supervisor Minnix, Harrison ~ Request for aÐÐroval of the 1996/97 RVTV budqet for. (Anne Marie Green, Director of Community Relations) A-032696-2 Ms. Green reported that the Roanoke Valley Cable Television Committee has approved a budget for fiscal year 1996/97 for the operation of RVTV, the government access channel. ~he City of Roanoke, Town of Vinton and County of Roanoke as the participating localities must approve the budget which is funded by 20% of the franchise fee paid by Cox Communications. Mr. Green described the programs which have aired during the last year and reported on the proposed budget highlights. Supervisor Nickens moved to approve the budget. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 188 ~arch 26, 1996 - IN RE: REQUESTS FOR ~ORK SESSIONS Mr. Hodge requested a Budget Work Session. There was Board consensus to set the work session for April 11, 1996 at 3:00 p.m. IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Eddy moved to approve the first reading and set the second reading and public hearings for April 23, 1996. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Ordinance to amend conditions on an existing SÐecial Use Permit located at the intersection of Williamson Road and Summer View Drive, Hollins Maaisterial District, UÐon the Ðetition of Summerview creekside. ~ Ordinance to rezone 1.0 acre from 1-2 to C-2 and obtain a SÐecial Use Permit in order to construct a used car lot, located at the intersection of West Main Street and Country Farm Road, Catawba Maaisterial District. UÐon the Ðetition of Randy Vest. ~ Ordinance authorizina a SÐecial Use Permit to eXÐand William Byrd Hiah School, located at 2902 Washinaton Avenue, vinton Maaisterial District, UÐon the Ðeti tion of the Roanoke County School Board. ~ Ordinance authorizina a SÐecial Use Permit to eXÐand an existina eauiÐment sales and service establishment located at 7549 williamson Road, Hollins Maaisterial District, UÐon the petition of March 26, 1996 189 -----~-~-~--~-- - Ace Sales, Inc. ~ ordinance to rezone 88.53 acres from AG-3 to PCD, ÐlaDned commercial develoÐment to allow commercial and recreational uses, located on the east side of the Blue Ridae Parkway at the north side of Ðarkway bridae over the Roanoke River at Niaaara Dam, vinton Maaisterial District, upon the Ðetition of the Industrial Development Authority (Al Hammond) IN RE: FZRST READING OF ORDINANCES ~ ordinance authorizina the acauisition of a Ðermanent easement from David W. Shelor and Constance R. Shelor for access to the E-911 radio tower site on Fort Lewis Mountain and of a County water tank and the conveyance of surÐlus ÐroÐerty containina 5.25 acres to David and Constance Shelor. (Paul M. Mahoney, County Attornev) Mr. Mahoney advised that in 1990, David and Constance Shelor and the County entered into. an agreement which provided access to the top of Fort Lewis Mountain over the Shelor's property as part of the upgrade of the E-911 system. The County intended to convey to the Shelors a 5.25 acre parcel adjacent to the Shelor property. Additionally, the Shelors would convey to the County a small parcel where a County water tank is located. A title defect prevented the County from conveying a clear title to the Shelors until now. Mr. Mahoney reported that after extensive negotiations 190 1\ /I' h 26 ~ "'196' lUarc ~ t.> . an agreement has 1:een reached for a permanent easement to the County's radio tower on Fort Lewis Mountain. The County will pay the Shelors $lO,OOO for a perpetual, non-exclusive easement across their property. The County will attempt to remove the title defect to the 5.25 acre parcel at its own expense and convey the property to the Shelors. The Shelors will permit access to the radio tower upon the annual payments of $5,000 until the final conveyances are completed. Supervisor Nickens suggested that the funding be paid from the Board contingency Fund. Supervisor Eddy advised that he would not support this ordinance because he favored going forward with condemnation proceedings. Supervisor Johnson moved to approve first reading of the ordinance. The motion carried by the f\Jllowing recorded vote: AYES: NAYS: Supervisors Minnix, Harrison, Nickens, Johnson Supervisor Eddy IN RE: SECOND READING OF ORDINANCES ~ Ordinance amendina Article IV, Sewer Use Standards, ChaÐter 18, Sewer and Sewaae DisÐosal of th'e Roanoke County Code. (Gary Robertson, utility Director) l'vlarch 26, 1996 ill - 0-032696-3 Mr. Robertson advised that these amendments would bring the County ordinance into conformance with the City of Roanoke's ordinance. The amendments relate to requirements from the Department of Environmental Quality and the U. S. Environmental Protection Agency. 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 032696-3 AMENDING AND REENACTING PORTIONS OF ARTICLE IV. SEWER USE STANDARDS, OF CHAPTER 18, SEWERS AND SEWAGE DISPOSAL OF TH~ ROANOKE COUNTY CODE WHEREAS, the adoption of this ordinance is authorized by Chapters 9 and 18 of Title 15.1 of the 1950 Code of Virginia, as amended; and WHEREAS, this amendment to the sewer use standards of the Roanoke County Code is required by certain changes in environmental standards mandated by the U.S. Environmental Protection Agency and the Commonwealth of Virginia Department of Environmental Quality; and WHEREAS, the first reading of this ordinance was held on March 12, 1996; and the second reading and public hearing of this ordinance was held on March 26, 1996. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 18, Sewers and Sewaqe Disposal of the Roanoke County Code be, and it hereby is, amended and reenacted to read and provide as follows: 192 ~arch 26, 1996 ~ Chapter 18 SEWERS AND SEWAGE DISPOSAL * * * * ARTICLE IV. SEWER USE STANDARDS Sec. 18-153. Prohibited discharges generally. * * * * (b) Discharges into public sewers shall not contain: * * * * (9) Waste, wastewater or any other substance having a pH lower than 5o-S $:Mo. or higher thûR 9.5, or any other substance with a corrosive prõperty capable of causing damage or hazard to structures, equipment and personnel at the wastewater facility. * * * * (15) Trucked or hauled industrial wastewater:~:::¡¡::w:%.m~n@ Ils@piÎ.ien::¡¡:¡:mlli:¡'::::R§p@w.:!1p@p:¡::::pµmpgg:¡::¡:¡:IF§m::::F@§:~~HP:ªnl::::'ªF@ª§@:'¡:51~p§¡::::IªY Sec. 18-154. Technical based local limits. (a) Dischargus shall not contain concentrations of heavy metals greater than amounts specified in subsection (b) of this section. (b) The maximum allowable concentrations of heavy metals and toxic materials stated in terms of milligrams per liter (mg/l), determined on the basis of individual sampling in accordance with "standard Methods" are: (1) Arsenic: .25 mg / l'9¡f::~~:mwî±'f, (2) Barium: 5.0 mg/l. (3) Boron: 1.0 mg/l. ( 4 ) Cadmium: O. 02 mg / l.g¡t¡:q~:::¡¡m~:~:±:i: (5) Chromium: (total) 2. 0 mg/1.~::~¡'¡!:['mg~±'~:: ( 6 ) Chromi um VI: . 011 mg / 1. g::~::¡g~¡'¡'¡:¡m~:~:#t March 26, 1996 193 ( 7 ) Copper: 1. 0 mq / 1. ~~':!~::::::::ffig:t::~::~: (8) Lead: 0.3 mgjl. (9) Manganese: 1.0 mgjl. ( 10) Mercury: O. 005 mq / 1. 9::~::g,9:~:::::::li:~:±:::[ (11) Nickel: 2.0 mfJ / 1. g]:~::I::~::::::::ffil:~:m:M (l2) Selenium: 0.02 mg/l. (13) Silver: 0.1 mq/l.g'%~I:j::i~¡I,:f:: (14 ) Zinc: 5.0 mq/ 1.P:f:,~ID~7+W (15) cyanide: 1.0 mgjl. In addition, if it is determined that anyone of these parameters exceeds the state effluent requirements for the wastewater treatment plant, an adjustment in the given parameter concentration limit will be required. To accomplish this, the discharge permits for industries discharging the particular compound will be adjusted to insure compliance. 2. That these amendments, additions, and reenactments shall be in full force and effect upon their adop': ion. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None IN RE: APPOINTMENTS ~ Blue Ridae Community Services Supervisor Nickens asked Ms. Allen to contact the Blue Ridge Community Services Board to see if an individual has been recommended. ~ Hiahway and TransÐortation Safety Commission Supervisor Eddy advised that he has received an 194 ~arch 26, 1996 ~ application for the legal vacancy commission and will offer a nomination at the April 9 meeting. ~ Roanoke Valley Reaional stormwater Manaaement citizens Advisory committee Supervisor Eddy announced that he was withdrawing his recommendations in favor of appointing citizens with no special interest in this issue. IN RE: CONSENT AGENDA R-032696-4 Supervisor Johnson moved to approve the Consent Resolution with Item 3 removed for a separate vote. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None Supervisor Minnix moved to approve Item 3 after discussion. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 032696-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM M - 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 ~arch 26, 1996 195 Board of Supervisors for March 26, 1996, designated as Item M- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 9, inclusive, as follows: Approval of Minutes January February 13, 1996, February February 27, 1996, March 4, 1996. 2. Confirmation of Committee Appointment to the Building Code Board of Adjustments and Appeals, and the New Century Council Vision Implementation Committees. 1. 23, 21, 1996, 1996, 3. Approval of a Bingo Permit for the vinton Moose Lodge #1121. , 4. Acceptance of water facilities serving steak and Ale - 419. 5. Acceptance of water facilities serving The Village, Phase III. 6. Acceptance of water and sanitary sewer facilities serving Oakcliff Townhomes. 7. Acceptance of sani tary sewer facilities servjrg April's Meadow Subdivision. 8. Approval of a Raffle Permit for the Glen Cove Elementary'school PTA. 9. Approval of a Raffle Permit for North Cross School. 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 with item 3 removed for separate vote, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None On motion of Supervisor Minnix to approve item 3, and carried by the following recorded vote: 196 ~arch 26, 1996 AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUÐervisor Nickens: He asked about progress in receiving the admissions tax from the Moose Lodge. Mr. Mahoney responded that that paperwork will be sent to Clerk of Circuit Court's Office this week. SUÐervisor Eddv: (1) He announced that he and Don Myers attended the Urban Partnership meeting on Friday, March 22, 1996. He advised that they will be requesting funds to continue the organization on part-time basis through the next year. (2) He announced that as part of the April 20 Earth Day celebration, a walk is being sponsored to the Blue Ridge Parkway and back to Mill Mountain. (3) He advised that he has received a memo from the Planning Department describing t>.e Planning Commission's 1996 priorities, and he agreed with their choices. (4) He asked about the status of the East County survey. Mr. Hodge responded that it should be complete by the end of March. (5) He asked about progress on the policy manual. Mr Mahoney responded that he has discussed the project with Executive Secretary Mary Hicks and they are planning to reduce the size of the document and make it more "user friendly" . (6) He attended the Clean Valley Council Board meeting and announced that the group is working on a five-year program. During a recycling discussion, it was suggested that recycling be done by private sector collection. ~arch 26, 1996 197 - SUÐervisor Minnix: (1) He received a call from a licensed painter who was concerned about other painters advertising in violation of the sign ordinance. He asked the Planning and Zoning staff to continue to pick up the illegal signs. Supervisor Johnson suggested that they notify the company that they are picking up the signs. (2) He asked for assistance from staff in aiding an individual to gain legal access to his daughter's property so her bank loan can be approved. SUÐervisor Harrison: (1) Attended several meetings of civic groups in west County whère he heard concerns regarding the construction of the North Loop water line. He advised that he would keep Gary Robertson advised of the complaints. SUÐervisor Johnson: Reported that he has received complaints of trash cans blowing around in the wind and damaging v(;:hicles and other private property. Since these are County mandated and owned trash cans, asked if the County could weight them or assist the citizens whose property has been damaged. General Services Director Bill Rand responded that staff would try and find ways to resolve the problem. IN RE: REPORTS Supervisor Minnix moved to receive and file the reports after discussion of Items 1 and 7 and removal of item 7, Update on legislation during the 1996 Session of the General Assembly, for discussion during the budget work session. The motion 198 ~arch 26, 1996 carried by a unanimous voice vote. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. statement of Estimated Revenues and expenditures as of February 29, 1996. 5. Accounts Paid - February 1996 6. Additions to the Virginia Department of IN RE: Transportation Secondary System in February 1996. WORK SESSION ~ Budaet Work Session ~ UÐdate on leaislation durina the 1996 Session of the General Assembly. Mr. Mahoney and Assistant County Administrator John Chambliss updated the Board of Supervisors on legislation enacted during the 1996 General Assembly session. Some of the legislation included (1) changes to the BPOL tax which could affect revenues for Roanoke County; (2) revisions to the Comprehensive Services Act; (3) level funding of 599 money for law enforcement; (4) funding for Youth Haven II from the Virginia Juvenile Community Crime Control Act; (5) and funding for education. other relevant issues included the Urban Partnership, state reimbursement for jail construction, Social Services ~larch 26, 1996 199 ---- ----; funding, authoriziation to form a Transportation District, revisions to the Freedom of Information Act, Reversion and Annexation, and water and sewer connection fees. Following discussion of these issues, there was general Board consensus to set up a meeting with the Roanoke Valley legislators in June or July to discuss issues and to consider employing a lobbyist during the next General Assembly session. staff was directed to bring back a BPOL plan that would be revenue neutral. Supervisor Nickens requested that Health Department Director Dr. Molly Rutledge attend a work session to discuss the Health Department budget. ~ CIP Proiects Budget Manager Brent Robertson presented the results of the CIP project rankings. He advis~d that seven of the ten members of the CIP Committee returned the ranking. Economic Development Specialist Joyce Waugh reviewed an informational fact sheet on the Blue Ridge Parkway Interpretation Center, and Library Director Spencer Watts described the need for additional access terminals at the branch libraries. ~ utility CIP Pro;ects utility Director Gary Robertson presented a proposal that would allow the County to provide a portion of funds to existing neighborhoods to cover the cost of water and sewer 200 ~arch 26, 1996 - connection fees. an analysis. staff will review the proposal and bring nack IN RE: EXECUTIVE SESSION At 6:15 p.m., Supervisor Minnix moved to go into Executive Session pursuant to the Code of Virginia section 2.1- 344 A (7) to discuss a legal ,matter, potential litigation, proposed boundary line adjustment with the City of Salem (1) a personnel matter, performance and compensation; and (3) a real estate matter, sale of surplus well lots. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-032696-6 At 7: 03 p.m., Supervisor Nickens moved to return to Open Session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None EVENING SESSION IN RE: PUBLIC HEARINGS ~ Public Hearina to elicit citizen comments on the March 26, 1996 2QL - followina matters: (Brent Robertson, Budaet Manaaer) ~ Public Hearina to set a real estate tax rate of not more than $1.13 Ðer $100 assessed valuation, and the "effective" real estate tax increase as a result of increased assessed value of real estate. No citizens spoke on the real estate tax rate or effective increase of the real estate tax. ~ AdoÐtion of Order to set a real estate tax rate of not more than $1.13 per $100 assessed valuation. 0-032696-7 Supervisor Nickens moved to adopt an order setting the real estate tax rate at $1.13 per $100 assessed valuation. The motion carrie~ by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDER 032696-7 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1996 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 1996, and el1,c:l,~,l.1:9" December 31, 1996, be, and hereby is, set for a tax rate ofl'~;~i~;~ per one hundred dollars of assessed valuation on all taxabriå""""féal estate and mobile homes classified by §§ 58.1-3200, 58.1-3201, and 58.1-3506.B of the 1950 Code of Virginia, as amended, situate in Roanoke County. On motion of Supervisor Nickens to adopt the order, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson 202 ~arch. 26, 1996 - - NAYS: None ~ Public Hearina to set a personal property tax rate of not more than $3.50 per $100 assessed valuation and a machinery and tools tax rate of not more than $3.00 per $100 assessed valuation. No citizens spoke on the personal property or machinery and tools tax rate. ~ Adoption of order to set a personal proÐerty tax rate of not more than $3. SO Ðer $100 assessed valuation and a machinery and tools tax rate of not more than $3.00 Ðer $100 assessed valuation. 0-032696-8 Supervisor Minnix moved to adopt the personal property tax rate at $3.50 per $lJO and the machinery and tools tax rate at $3.00 per $100 assessed valuation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDER 032696-8 SETTING THE TAX LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1996 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period iVtarch 26, 1996 203 beginning January 1, 1996, and ending December 31, 1996, be, and hereby is, set for a tax rate of $áœsd per one hundred dollars of assessed valuation on all taxablê;tangible personal property, excluding all those classes of household goods and personal effects as are defined in §§ 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by §§ 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the state Corporation Commission and duly certified. 2. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in § 58.1-3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592-11, and generally designated as Motor Vehicles for Disabled Veterans. 3. That the levy for the twelve-month period beginning January 1, 1996, and ending December 31, 1996, be, and hereby is, set at fifty (50%) Ðercent of the tax rate established in paragraph 1 for the taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by § 58.1-3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor Vehicles for Disabled Veterans. 4. That there be, and hereby is, established as a separate class of personal property in Roanoke COU·1 ':y those items of personal property set forth in § 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 5. That the levy for the twelve-month period beginning January 1, 1996, and en4~~g December 31, 1996, be, and hereby is, set for a tax rate of $~~çºg per one hundred dollars of assessed valuation on all taxablë;"fångible personal property as herein established as a separate classification for tax purposes and as more fully defined by § 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. On motion of Supervisor Minnix to adopt the order, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 204 ~arch 26, 1996 ~ Ordinance to rezone 315+ acres from R-l, AG-l, and AR to PRD, planned residential development to construct residential homes and commercial services. located on Cotton Hill Road. east and west of the Blue Ridae Parkway, Cave SÐrina Maaisterial District, UÐon the Ðetition of Boone, Boone & Loeb. Inc. (Janet Scheid, Plannina & Zonina) 0-032696-9 Ms. Scheid showed a slide presentation reviewing the background and history of the proposed rezoning. Petitioner Len Boone was present to answer questions. He reported that he had made revisions to his proposal in order to protect the viewshed. Jim Olin, co-chair of the Coalition of the Blue Ridge Parkway, ~poke and described the efforts of the Coalition to preserve the Blue Ridge Parkway viewsheds from this proposal and other similar projects. He reported that a work shop was held by County staff, the petitioners and the Coalition that included Carlton Abbott, whose father was one of the chief architects of the parkway. He advised the Blue Ridge 'parkway now supports approval of the plan. The Board members complimented Mr. Boone for his willingness to made the necessary changes to protect the parkway. County Attorney Paul Mahoney advised that everything in the documents prepared by Boone, Boone and Loeb should be considered proffered conditions for the rezoning request. He also offered March 26, 1996 205 --- an amendment to the ordinance that it would take affect after approval of right of way permit for utility extensions across National Park Service property. Supervisors Harrison and Minnix expressed concern about the increased traffic. Supervisor Minnix was particularly concerned about the commercial aspect of the project. Supervisor Johnson moved to adopt the ordinance with the amendment to the ordinance as suggested by Mr. Mahoney. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: Supervisor Minnix ~\~ 1,,1 ,0" ORDINANCE 032696-9 TO CHANGE THE ZONING CLASSIFICATION OF APPROXIMATELY 302 ACRES OF REAL ESTATE LOCATED ON COTTON HILL ROAD, NORTH AND SOUTH OF THE BLUE RIDGE PARKWAY (SOUTH SIDE OF PARKWAY - TAX MAP NOS. 96.02- 1-1, 96.02-1-2, 97.03-2-5, THE SOUTHERLY PORTION OP 97.01-2-17, THE SOUTHERLY PORTION OF 96.ø(-1-46¡ NORTH SIDE OF PARKWAY - TAX MAP NOS. 96.07-1-6, THE NORTHERLY PORTION OF 96.02-1-46) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R- 1, AG-l, AND AR TO THE ZONING CLASSIFICATION OF PRD WITH CONDITIONS UPON THE APPLICATION OP BOONE, BOONE & LOEB, INC. WHEREAS, the first reading of this ordinance was held on February 27, 1996, and the second reading and public hearing were held March 26, 1996. WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 5, 1996; and WHEREAS, legal notice and advertisement has been provided as required by law. 206 March 26, 1996 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: \~ )~1 *" ?- .t> 1. That the zoning classification of a certain tract of real estate containing approximately 302 acres and located on Cotton Hill Road, north and south of the Blue Ridge Parkway (South Side of Parkway - Tax Map Nos. 9"6.02-1-1, 96.02-1-2, 97.03-2-5, the Southerly Portion of 97.01-2-17, the Southerly Portion of 96..Qo('-1-46; North Side of Parkway - Tax Map Nos. 96.07-1-6, the Northerly Portion of 96.02-1-46) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District; AG-1, Agricultural/Rural Low Density District; and AR, Agriculture/Residential District to the zoning classification of PRD, Planned Residential Development District. 2. That this action is taken upon the application of Boone, Boone, & Loeb, Inc. 3. That the owners of the property, Nicholas H. Beasley and Susan Beasley; Boone, Boone & Loeb, Inc.; Palm Land Company, L.C.; and cotton Hill Land Company, L. C. have vOluntarily proffered in writing conditions which are made a part hereof and incorporated herein by reference and which are set out in detail in Exhibit A (filed with the official records for the March 26, 1996 meeting) entitled itA Rezoninq Application: Plannina and Desiqn Documents for Wilshire. County of Roanoke, Virainia. A Planned Residential Develçpment (PRD). Boone. Boone & Loeb. Inc. Owner & Developer. dated September 1995. updated March 1996" which conditions the Board of Supervisors of Roanoke County, Virginia, hereby accepts. follows: 4. That said real estate is more fully described as Approximately 302 acres, as more particularly described on pages 2. a. through 2. m. in the above referenced Exhibit A. 5. That this ordinance shall be in full force and ~m~~.~~ilklll_ €h'È{""'p'Fõ\Hsions 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 ~arch 26, 1996 207 - with conditions and alternative #1 amendment to paragraph #5 as suggested by Mr. Mahoney, and carried by the following recorded vote: . AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: Supervisor Minnix ~ Ordinance authorizina a Special Use Permit to eXÐand an existina manufactured home Ðark, located at 5188 Yellow Mountain Road, Vinton Maaisterial District, UÐon the petition of Mountain Investors CorÐ. (Terry Harrinaton'. Director of Plannina & Zonina) 0-032696-10 Mr. Harrington reported that the expansion is limited to 31 new homes in addition to the existing homes, and Phase II will not be built until public sewer service is available to the site. One citizen spoke at the Planning Commission and expressed c011cern about a decrease in market values because of additional water runoff. The Planning Commission recommended approval. A representative of Balzer and Associates was present and spoke on the water quality. In response to questions from the Board members, Mr. Harrington advised that there are no plans to extend public sewer and that water runoff will be controlled by county regulations. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 208 March 26, 1996 , ORDINANCE 032696-10 GRANTING A SPECIAL USE PERMIT TO EXP~D AN EXISTING MANUFACTURED HOME PARK LOCATED AT 5188 YELLOW MOUNTAIN ROAD (TAX MAP NO. 99 . 01-1- 2 . 2) , VINTON MAGISTERIAL DISTRICT WHEREAS, Mountain Investors Corp. has filed a petition to expand an existing manufactured home park located at 5188 Yellow Mountain Road (Tax Map No. 99.01-1-2.2) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 5, 1996; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 27, 1996; the second reading and public hearing on this matter was held on March 26, 1996. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to expand an existing manufactured home park located at 5188 Yellow Mountain Road (Tax Map No. 99.01-1-2.2) in the Vinton Magisterial District is substantially in accord with the adopted :,185 Comprehensive Plan pursuant to the provisions of § 15.1-456 (L) of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) (2) The expansion of the· park is limited homes (15 Phase I units and 16 Phase II addition to the existing 18 homes, for 49 homes or 4.2 units per acre; Phase II shall not be built until public sewer service is available to the site at which time all units of Phase I shall be required to connect to public sewer; Where possible, replace trees to mitigate the impact of clearing the hillside. to 31 new units), in a total of (3) On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None - J't'Iarch 26, 1996 209 3. Ordinance to rezone 1.07 acres from C-2 to 1-1 to construct offices and warehouse for Ðharmaceutical sUÐÐlies at 7605 Robertson Lane, Hollins Maaisterial District. UÐon the Ðeti tit:>n of HCMF CorÐ. (Terry Harrinaton, Director of Plannina & Zonina) 0-032696-11 Mr. Harrington reported that the Planning Commission requested more information at their February 6 meeting and the request was continued to March 5. The Commission was concerned with the type of structure that was proposed, the facade of the proposed building and the relation of the site to the Williamson Road beautification project. The Commission recommended approval with five proffered conditions. Craig Balzer was present to .cepresent the petitioner. He described the concept plan and explained their reasons for the building design. The Board members advised that they were also concerned about the facade of the building, and there was discussion on possible ways to improve the appearance of the facility. Supervisor Johnson explained that he was invol ved in the purchase of the property while employed by HCMF and would abstain from voting on advice of the County Attorney Paul Mahoney. Supervisor Eddy moved to defer a decision to April 9, 210 ~arch 26, 1996 1996 to allow the petitioner to offer additional proffered conditions. The motion was defeated by the following recorded vote: AYES: Supervisors Eddy NAYS: Supervisors Minnix, Harrison, Nickens, ABSTAIN: Supervisor Johnson Supervisor Nickens moved to adopt the ordinance with the proffered conditions and the understanding that Balzer and Associates will create a pleasant facade on the building. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens NAYS: Supervisor Eddy ABSTAIN: Supervisor Johnson ORDINANCE 032696-11 TO CHANGE THE ~ONING CLASSIFICATION OF A 1.07-ACRE TRACT OF REAL ESTATE LOCATED 7605 ROBERTSON LANE (TAX MAP NO. 27.11-1-8) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C- 2 TO THE ZONING CLASSIFICATION OF 1-1 WITH CONDITIONS UPON THE APPLICATION OF HCMF CORP. WHEREAS, the first reading of this ordinance was held on January 23, 1996, and the second reading and public hearing were held March 26, 1996; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 1996 and March 5, 1996; and WHEREAS, legal ~otice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: March 26, 1996 211 .- - 1. That the zoning classification of a certain tract of real estate containing 1.07 acres, as described herein, and located 7605 Robertson Lane (Tax Map Number 27.11-1-8) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2, General Commercial District, to the zoning classification of I-1, Industrial Dist~ict. 2. BCMF Corp. That this action is taken upon the application of 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) Uses on the property shall be those allowed in the I-1 Industrial District, excluding the following: (a) automobile repair services; (b) landfill, rubble; (c) recycling centers and stations; (d) transportation terminal; (e) truck' terminal; (f). amateur radio tower; (g) broadcasting tower; (h) parking facilities; (i) commercial indoor sports and recreation; (j) truck stop; (k) resource extraction; (1) transfer station; (m) aviation facilities, private. (2) The site will be developed in substantial conformity with the concept plan prepared by Balzer and Associates, Inc., dated December 21, 1995. (3) The building will be developed in substantial conformity with the architectural rendering prepared by Balzer & Associates, da~~d February 29, 1996. (4) The landscaping along the length of the front of the building will be twice the density as that required by the Roanoke County Zoning Ordinance. (5) There will be no access from Lula Avenue. 4. That said real estate is more fully described as follows: Beginning at a point in the center of a 30 foot road, shown as liB" on plat, said point located N. 22 deg. 45' W. 435.7 feet along center of road from the west side of U. S. Route 11; thence along center of 30 foot road, N. 22 deg. 45' W. 295.0 feet to a stake at "C" on line of Dr. Frank S. Cooper property; thence with Cooper line, N. 61'deg. 04' E. 173.5 feet to a point at "D"; thence still with Cooper line, S. 22 deg. 23' E. 313.8 feet to an iron at "E", corner to parcel No. 3-B; thence with line of same, S. 67 deg. 15' W. passing an iron on east side of the 30 foot road at 155.7 feet, in all 170.7 feet to the Beginning, containing 1.20 acres, and being Parcel No. 3-A as shown in detail on plat 212 ~arch 26, 1996 ~ prepared by T. P. Parker, SCE, dated July 1946. 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 ordinan.ce be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance with proffered conditions and the understanding that Balzer and Associates will create a pleasing facade on the building, and carried by the following recorded vote: AYES: NAYS: ABSTAIN: Supervisors Minnix, Harrison, Nickens Supervisor Eddy Supervisor Johnson ~ Ordinance vacatina a 10 foot Public utility Easement. located alona the north ÐroÐerty line of Lot 9, Section 1, Country Hills, recorded in Plat Book 9, paae 65, located in the Windsor Hills Maaisteria¡ District upon the Þetition of Paul A. and Cynthia W. Reburn. (Arnold Covey, Director of Enaineerina & InsÐections) 0-032696-12 There was no discussion and no citizens spoke on this ordinance. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032695-12 AUTHORIZING THE VACATION OF A 10 FOOT PUBLIC UTILITY EASEMENT LOCATED March 26~ 1996 213 <--_._.-~--~-~~..,_.._._-_._-- - ALONG THE NORTH PROPERTY LINE OF LOT 9, SECTION 1, COUNTRY HILLS, PLAT BOOK 9, PAGE 65, IN THE WINDSOR HILLS MA~ISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "Map of Section 1, COUNTRY HILLS", dated February 1, 1976, and recorded in the Clerk's Office of the Circuit Court of Roanoke' County, Virginia, in Plat Book 9, page 65, T.P. and Christine Y. Parker dedicated certain public easements, including a public utility easement along the northern property line of Lot 9; and, WHEREAS, the petitioners, Paul A. Reburn and Cynthia W. Reburn, husband and wife, are the owners of Lot 9, section 1, Country Hills; and, WHEREAS, a recent survey of said property reflects that a new addition to the residential dwelling located thereon encroaches upon the south side of the existing 10' public utility easement; and, WHEREAS, the petitioners have requested that said pUblic utility easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to section 15.1-482(b) of the Code of Virginia (1950, as amended), which requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, there being no objection r,ised by the appropriate public utility companies entitled to use the subject easement; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on March 12, 1996; and the public hearing and second reading of this ordinance was held on March 26, 1996. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virgi~ia, as follows: 1. That the public utility easement, being ten feet (10') in width and extending approximately 237 feet in length, along the northern property line of Lot 9, section 1, Country Hills, in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, as shown on the subdivision plat entitled "Map of section 1, COUNTRY HILLS", dated February 1, 1976, and recorded in the aforesaid Clerk's Office in Plat Book 9, page 65, and as further shown on the Exhibit attached hereto, be, and hereby is, vacated pursuant to section 15.1-482 (b) of the 1950 214 ~arch 26, 1996 Code of Virginia, as amended; and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication costs" survey costs and recordation of documents, shall be the responsibility of the petitioners, Paul A. ,Reburn and Cynthia W. Reburn, or their successors or assigns; and, 3. That the Department of Engineering and Inspections shall record a certified copy of this ordinance with the Clerk of the Circuit Court of Roanoke County, Virginia, and the recordation costs shall be payable by the petitioners. 4. That this ordinance shall be effective on and from the date of its adoption. 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 Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None r,7 RE: ADJOURNMENT At 8:30 p.m., Chairman Johnson declared the meeting adjourned. Respectfully Submitted: '7Y)~...v. ~ Mary H. Allen, CMC Clerk to the Board