4/25/1995 - Regular
~
~
April 25, 1995
263
Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
April 25, 1995
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
I month of April, 1995.
I
IN RE:
WORK SESSION
~ Work Session with Virqinia Department of Transportation
on Road Improvements to Route 221.
At 2: 05 p.m., Chairman Minnix called the work session to
order with Supervisor KOhinke absent.
Mr. Pete Sansabaugh, VDOT
District Construction Engineer, briefed the Board on Corridors A, B,
and C, that are being considered for making road improvements to Route
221. He pointed out the path of each corridor on the map and
described the short-term Phase I and long-term Phase II of the
project.
He provided the Board members with written information for
two lane and four lane alternatives for each corridor and several
~
"...
264
April 25, 1995
corridor variations. This information included cost estimates and the
number of dwellings to be displaced.
He advised that VDOT has scheduled the following meetings
for citizen input:
(1) informational meeting on April 27, 1995,
starting at 5 p.m.;
(2) public hearing, May 24, 1995, from 4 p.m.
until 8 p.m., at Cave Spring Junior High School; and (3) public
hearing, May 25, 1995, from 4 p.m. until 8 p.m., at Back Creek
Elementary School.
Also in attendance from VDOT were Jeff Echols, Resident
Engineer; Scott Hodge, Assistant Resident Engineer; and Ronnie
Griffin, Transportation Engineer Senior.
IN RE:
CALL TO ORDER
Chairman Minnix called the meeting to order at 3: 05 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman H. Odell "Fuzzy" Minnix, Vice Chairman
Edward G. KOhinke, Sr., Supervisors Lee B. Eddy,
Bob L. Johnson, Harry C. Nickens (Arrived 3:07
p.m. )
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Brenda J. Holton, Deputy
Clerk; John M. Chambliss, Assistant County
Administrator; Don C. Myers, Assistant County
Administrator; Anne Marie Green, Director,
Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Samuel Crews,
~
þ
I
I
~
I
I
'/: X ,,~
~
~
April 25, 1995
265
Coopers Cove Baptist Church. The Pledge of Allegiance was recited by
all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA
ITEMS
Mr. Mahoney added an item to the Executive Session 2.1-344
(A) (3) to consider the disposition of publicly held real estate.
Supervisor Nickens announced that th~ rezoning request for
2393 Hammond Drive had been continued until May 23, 1995, at the
request of the petitioner, the Virginia Recreational Facilities
Authority.
IN RE:
NEW BUSINESS
~ Approval of Health Insurance Contract for School and
County employees. (Diane D. Hyatt, Director, Finance)
Ms. Hyatt advised that the County requested bids to provide
heal th insurance coverage for the County and School employees for
1995/96. The bids requested proposals for the basic comprehensive
package currently offered and for alternative managed care programs.
The County received responses from seven companies and a team of
County and School employees reviewed these responses with the
assistance of an outside consultant, Slabaugh, Morgan and Associates.
Ms. Hyatt advised that the team~and staff are recommending
approval of the two-tier health insurance contract with tier one being
the current Trigon plan which would be offered to employees at the
same cost as the 1994/95 plan. The second tier would be an option for
~
"...
266
April 25, 1995
þ
the employees to select the Trigon Point of Service (Pas) Plan with a
cost reduction of ten percent of the basic comprehensive premium. She
advised that single coverage for the current Comprehensive Plan is
$32.l8 per month, but for the Point of Service Plan, the single
coverage costs would be $15.32 per month. Family coverage under the
current Comprehensive Plan would be $175.02 per month, while family
coverage for the Point of Service Plan would be $134.04 per month.
Ms. Hyatt and Mrs. Whi te responded to questions from the
Board members concerning the booklet prepared by Slabaugh Morgan which
analyzed the bids that were received, and a book of providers for the
P~S Plan which includes both Carilion and Lewis Gale physicians.
Ms. Hyatt advised that this two-tiered contract would be
presented to the School Board on Thursday night for approval, and that
members of the School team were in favor of approval.
Supervisor Johnson advised that he felt there should have
been a work session on this item and suggested that it be delayed
until a work session could be held.
Ms. Hyatt and Ms. Julie White, from Slabaugh Morgan,
responded to questions from the Board members about the advantages of
the pas plan, the savings involved, and the time necessary for
approval. Ms. Hyatt asked that the Board approve the contract at this
meeting so that the information meetings with employees could be held
in May and enrollment started June 1st.
Supervisor Eddy moved to approve the contract. supervisor
Nickens moved to amend Supervisor Eddy's motion and table approval of
I
I
l
~
I
I
~
April 25, 1995
267
the contract until an appropriate time in the evening portion of the
meeting. The motion was defeated by the following recorded vote:
AYES: Supervisors Johnson, Nickens
NAYS: Supervisors KOhinke, Eddy, Minnix
Supervisor Eddy withdrew his motion to approve the contract.
Supervisor Minnix moved to table approval of the contract
until later in the evening portion of the meeting. This motion was
withdrawn with no vote.
Supervisor Eddy moved to postpone approval of the contract
until the evening portion of the meeting in order to hold a work
session with action to follow. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Johnson, Eddy, Nickens, Minnix
Supervisor Kohinke
~ Request for reimbursement to General Services budget
for expenses incurred for the citizen bulk/brush self-
haul program. (Bill Rand, Director, General Services)
A-42595-1
Mr. Rand advised that as a result of the tremendous requests
for collection of debris from the ice storms Of 1994, the County
initiated a program to allow County citizens to haul up to a pickup
truck load of material to the transfer station free of charge. The
program began in April, 1994, and has been expanded to allow disposal
of any normal material resulting from a residential cleanup. He
~
"...
268
April 25, 1995
þ
requested that the County reimburse the General Services budget for
the total cost of the program to date which is $98,608. In response
to a supervisor's question, he advised that General Services receives
a printout of the license numbers of vehicles bringing materials to
the landfill and will use that list to track excessive use.
Supervisor Eddy suggested that the staff's recommendation be
clarified to include that the program be continued into the next
fiscal year. Supervisor Kohinke advised that he planned to vote
against the motion because he thinks that there is a better way to
handle brush pickup.
Supervisor Johnson moved to approve the reimbursement and
that the program be continued into the next fiscal year. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Eddy, Nickens, Minnix
NAYS: Supervisor Kohinke
I
~ Approval of donation of surplus personal computers
and/or parts to Craiq County Public Schools. (Elaine
Carver, Director, Procurement)
A-42595-2
Ms. Carver advised that Craig county Public School~ recently
requested a donation from Roanoke County of any surplus computers or
computer components. She is recommending that six "8088" personal
computers and/or parts which have been surplused by various County
departments be donated to Craig County instead of being placed in the I
l
~
I
I
""I11III
April 25, 1995
269
April 29, 1995 surplus auction. She advised that the other County
departments and the School Administration have been contacted and they
have no interest in retaining this equipment. She advised that the
estimated value of the equipment is $100.
Supervisor Nickens moved to approve the donation. The
motion carried by the following recorded vote: -
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
~ Approval of sale of surplus 1973 Ford tanker to Eaqle
Rock Volunteer Fire Department. (Elaine Carver,
Director, Procurement)
A-42595-3
Ms. Carver advised that Eagle Rock Volunteer Fire Department
has asked to buy the County's surplus 1973 Ford L-8000 Tanker for
$3,500 in order to utilize the chassis for repair of their wrecked
tanker. She is recommending that the County approve the sale rather
than place the tanker in the April 29th surplus property auction,
because the tanker has a minimal salvage value and a neighboring
locality has a specific need for it.
Supervisor Nickens moved to approve the sale of the surplus
1973 Ford Tanker to Eagle Rock Volunteer Fire Department for $3,500.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
~
"...
270
April 25, 1995
þ
REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING
ORDINANCES - CONSENT AGENDA
Supervisor Kohinke moved to approve the first readings of
the ordinances and set the second readings and public hearings for May
23, 1995, after discussion of Items 4 and 5. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
~
Ordinance to rezone approximatelY 2.62 acres from C-2
Condi tional to AV in order to operate a contractors'
storaqe yard, located at 7210 Franklin Road, Cave
spring Maqisterial District, upon the petition of
Kenneth McNeil.
I
~ Ordinance authorizinq a Special Use Permit to expand
Glenvar Hiqh School, located at 4549 Malus Drive,
Catawba Maqisterial District, upon the petition of
School Board of Roanoke County.
~
l
Ordinance to rezone approximately 1.9 acres from C-l to
I-2 to construct an office/sales/liqht manufacturinq
facility, located adiacent to 3326 West Main Street,
Catawba Maqisterial District, upon the petition of
Jerry Mullins.
I
""I11III
April 25, 1995
271
~
~ Ordinance authorizinq a Special Use Permit to build a
construction storaqe yard on the southeast corner of
Route 220 and VA 674, Cave sprinq Magisterial district,
upon the petition of Jim Walter Homes Inc.
Supervisor Johnson questioned whether a special use permit
for a construction yard should be authorized in an area where rural
village zoning exists. Supervisor Eddy asked that this be clarified
before the second reading of the ordinance.
~ Ordinance to rezone approximatelY 68.4 acres from AG-3
to AR to construct sinqle familY detached dwellinqs,
I located beyond the terminus of Toddsbury Drive to the
east, vinton Maqisterial District, upon the petition of
Akfer corporation.
Supervisor Nickens was concerned that staff felt that this
rezoning should be subject to the Blue Ridge Parkway protection
process which was recently used for the Boone and Musselwhite
rezonings. He stated that he feels this rezoning has no impact on the
Blue Ridge Parkway and invited the other Board members to view the
property.
.L.
Ordinance to rezone approximately 1.23 acres from C-2
to R-l to allow continued use as a single family
residence, located at 123 John Richardson Drive,
Hollins Magisterial District, upon the petition of
I
~
"...
272
April 25, 1995
þ
Roanoke County Planninq Commission.
FIRST READING OF ORDINANCES
~ Ordinance authorizinq conveyance of easements to
Appalachian Power company and Bell Atlantic extendinq
alonq Benois Road and across a surplus well lot. (John
Willey, Property Manaqer)
Mr. Willey advised that this is the first reading of an
ordinance to convey utility easements because the Virginia Department
of Transportation is expanding the right-of-way on Benois Road in the
IN RE:
Cave Spring District. In ordèr to do this, the existing easement for I
APCO and C&P Telephone utility must be relocated.
Supervisor Eddy moved to approve the first reading and set
the second reading for May 9, 1995. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
~ Ordinance declarinq .06 acre of real estate (Public
Service Center) identified as Tax Map No. 36.03-1-1,
located off Kessler Mill Road and Interstate 81, to be
surplus and acceptinCr offer for sale. (John Willey,
Property Manaqer)
Mr. Willey advised that this is the first reading of an I
ordinance to accept an offer from the Virginia Department of
l
~
I
I
~
April 25, 1995
273
Transportation of $1,020 for the sale of .06 acre for a right of way
needed for the expansion of I-81 in Roanoke County.
Supervisor Eddy moved to approve the first reading and set
the second reading for May 9, 1995. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
~ Ordinance authorizinq the lease of 10.40 acres of real
estate to Eurman V. Wiseman, Jr. (John Willey, Property
Manaqer)
Mr. Willey advised that this is the first reading of an
ordinance to authorize the lease of a dwelling on property at the
Spring Hollow Reservoir to Eurman V. Wiseman for $425 per month for
one year, beginning May 1, 1995.
Supervisor Kohinke moved to approve the first reading and
set the second reading for May 9, 1995. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: CONSENT AGENDA
R-42595-4, R-42595-4.a
Supervisor Johnson moved to adopt the Consent Resolution.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
....
"...
274
April 25, 1995
þ
NAYS:
None
RESOLUTION 42595-4 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:
l. That the certain section of the agenda of the Board of
Supervisors for April 25, 1995, 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 4,
inclusive, as follows:
1.
Approval of Minutes for March 14, 1995; March 28, 1995;
March 29, 1995; and April 4, 1995.
2.
Request for adoption of Resolution providing Notice of
Intent to Abandon Secondary Route 1153 (Elmwood Lane).
I
3. Donation of a 20-foot water line easement from Frank R.
and Mary Elizabeth Radford to serve Heather Park
Subdivision.
4. Donation of sanitary sewer easements in connection with
development o,f Country Kitchen on Plantation Road by
Plantation Development, L.C.
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 Consent
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
I
NAYS:
None
l
~
I
I
! \ ~
~
April 25, 1995
275
RESOLUTION 42595-4.a PROVIDING NOTICE OF INTENT TO
ABANDON SECONDARY ROUTE 1153 (ELMWOOD LANE)
WHEREAS, It appears to this Board that Secondary Route 1153,
known as Elmwood Lane, from the eastern line of the right-of-way of
Norfolk Southern Railway approximately 70.6 feet westerly to a pin set
in the northerly line of Virginia Secondary Route 1153 at the
southwest corner of a parcel designated Roanoke County Tax Number
54.04-02-09.1 and the southeast corner of a parcel designated Roanoke
County Tax Number
more
particularly hereinafter
54.04-02-09,
described, serves no public necessity and is no longer necessary as a
part of the Secondary System of State Highways and should be abandoned
pursuant to Section 33.1-151 of the code of Virginia of 1950, as
amended; and,
WHEREAS, the section of
Virginia Secondary Route 1153
sought to be abandoned is described as follows:
BEGINNING at the northeast terminus of Virginia
Secondary Route 1153 (Elmwood Lane) at a point on
the western right-of-way of property of Norfolk
Southern Railway and the southeast corner of a
0.225-acre lot known as Tax Number 54.04-02-09.1;
running thence along the northern line of Virginia
Secondary Route 1153 north 63° OS" 41" E. to the
southeast terminus of Virginia Secondary Route
l153 on the westerly right-of-way of property of
Norfolk Southern Railway; running thence along the
westerly line of the No~folk Southern Railway
property north 23° OS" E. 1 5.S6 feet to the point
of BEGINNING.
NOW, THEREFORE, BE RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia:
1. That this resolution shall constitute the intention of
~
"...
276
April 25, 1995
þ
this Board to abandon the section of road described.
2. That the Clerk of the Board is directed to post a copy
of this resolution, which constitutes notice of the Board's intent to
abandon the above-described section of Virginia Secondary Route 11,53,
in at least three places on and along the section of road sought to be
abandoned for at least thirty (30) days and to cause publication of a
copy of this resolution in at least two issues of the Roanoke Times &
World-News and to forward a certified copy of this resolution to the
Commonwealth Transportation Commissioner.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
I
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Eddv: He advised that he attended the dedication
of the Garst Mill Park playground on Saturday, April 22, 1995.
Supervisor Nickens: (1) He asked that the businesses be
notified and asked to volunteer for the clean-up efforts at Route
419/Colonial Avenue. (2) He suggested that a dogwood tree be
planted at a County youth facility in memory of the children who died
in the Oklahoma City bomb disaster.
Supervisor Johnson: (l) He advised that he has received
complaints from the citizens in the LaBellevue subdivision about the
proposed asphalt plant on Route 460 located in Roanoke City, and asked
I
l
~
~
April 25, 1995
277
that the staff investigate. (2) He advised that the Tour DuPont will
be on Roanoke County's Main street (Brambleton Avenue) on May 1st.
Supervisor Minnix: He advised that he continues to receive
calls about the method of brush/bulk pickup and is writing a
memorandum about the possibility of amending that policy.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the following
reports after discussion of Items 6, 7, and 8. The motion carried by
a unanimous voice vote.
General Fund Unappropriated Balance
Capital Fund Unappropriated Balance
Board continqency Fund
Statement of Revenues and Expenditures as of March 31,
1995.
Statement of Treasurer's Accountability per Investments
and Portfolio POlicy, as of March 31, 1995.
Status Report on Cleanup of Illegal Dumps.
Status Report on the Sanitary Sewer
Evaluation/Rehabilitation (SSE/R) Proqram.
Quarterly Report of Claims Activity for Self-Insurance
Proqram.
Reports from the Virqinia Department of Transportation
Acknowledqinq Acceptance of Roads into the Secondary
System: Acceptances Effective January throuqh March,
~
I ~
~
~
~
.L.
L.
L.
.L.
I
....
,...
278
April 25, 1995
þ
1995, and 1994 Annual Report
IN RE:
RECESS
Chairman Minnix declared a five-minute recess at 4:35 p.m.
IN RE: WORK SESSION
~ Budget Work Session wi th Representatives from Human
Service, Social Service, and Cultural Agencies.
The work session began at 4:45 p.m. with the following
representatives speaking on behalf of their organizations for funding
in the proposed budget:
1. George Logan, One Market Square, Center in the Square
2. Martha Mackey, Roanoke Valley Convention & Visitors
I
Bureau
3.
Peter Lampman, 412 Shenandoah Building,
Virginia
Amateur Sports
4. Briggs W. Andrews, Jefferson Center, Roanoke Symphony
Society
5. Pam Keshner-Chappelear, Council of Commurii ty Services
Information and Referral Center
6. Frank van Balen, One Market Street, Science Museum of
Western Virginia
7. Debbie Denison, Roanoke Area Ministries
8 . Mr. J ere Lee HOdgin, One Market Square, Mill Mountain I
Theatre
~
""I11III
~
9.
Americans
10.
Americans
11.
Council
12.
13.
14.
15.
Partnership
,I 16.
April 25, 1995 279
Murry White, Vice-President Elect, the League of Older
Anita Cronise, Case Manager,
the League of Older
John Williamson, 20 East Church Avenue,
The Arts
Kimberly McNair, 2929 Emissary Drive, Bethany Hall
Fred P. Roessel, Jr., Blue Ridge Community services
Dan Naff, 2728 Colonial Avenue, Big Brother/Big sisters
Jean Glontz, Hawkbill Circle, Child Health Investment
~~I-r .~,;
I
Ellen L. Brown, Director of Human Resources, Total
Action Against Poverty
17. Estelle Nichols, 1240 Third street, Bradley Free Clinic
18. Shannon Brabham, 3201 Brandon Avenue, Suite 1, Child
Abuse Prevention Council
19. Kelly Vest-Skelly, Virginia Western, P. o. Box 14045,
Natural Science Center
20. Mark Emick, Virginia Western Community College, P. o.
Box 14045, for scholarship assistance
21. Rupert Cutler, Explore Park
22. Katherine F. Houck, 303 Norfolk Avenue, Virginia
Museum of Transportation, Inc.
23. Connie Burnett, Executive Director, Gia
Associate Director, and Bill Houck, Voluntary Finance Chair,
Koehler,
Roanoke
....
,...
280
April 25, 1995
þ
Valley Trouble Center (TRUST)
24. Susan Baer, Director of Planning, 145 Campbell Avenue,
Total Action Against Poverty
25. John Pendarvis, Executive Director, 2733 Greggin Drive,
NE, Family Service of Roanoke Valley
26.
Dana "!~Martin,
~'
5630,;Warwood Driye, Conflict Resolution
.,~ :~
Center
,..
27. Carol Key, P. O. Box 112,
Roanoke Valley Court
Appointed Special Advocate (CASA)
28. Beth Poff, 1826 Avon Road, SW, Mill Mountain Zoo
29. John Jennings, Director, 310 First Street, SW,
Small
30. Maj or Dan Delaney, 824 Salem Avenue, SW,
Salvation I
Business Development Center
Army
31. Rich Loveland, Executive Director, P. o. Box 1904,
Roanoke Valley History Museum
IN RE:
EXECUTIVE ~ESSION
. .....;m'
Supervisor Johnson advised that because of a potential
conflict of interest, he would be absent from the Executive Session.
At 6:05 p.m., Supervisor Eddy moved to go into Executive
Session pursuant to pursuant to the Code of Virginia section 2.1-344
(A) (3) to consider the disposition of publicly held real estate.
The
motion carried by the following recorded vote:
AYES:
Supervisors Kohinke, Eddy, Nickens, Minnix
I
~
~
I
I
;'í 0" ,. ~.'. ~~ "
~
April 25, 1995
281
NAYS:
None
ABSENT:
Supervisor Johnson
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-42595-5
At 7: 05 p.m., Supervisor Eddy moved to return to Open
Session and adopt the Certification Resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ABSTAIN:
Supervisor Johnson
RESOLUTION 42595-5 CERTIFYING EXECUTIVE MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant to an
affirmative recorded vote and in accordance with the provisions of The
Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires
a certification by the Board of Supervisors of Roanoke County,
Virginia, that such executive meeting was conducted in conformity with
Virginia law.
NOW,
THEREFORE,
BE IT RESOLVED,
that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to the
best of each members knowledge:
1. Only public business matters lawfully exempted from open
~
,...
282
April 25, 1995
þ
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 ì~' of superviso~ Eddy.. tO~doPt the
Resolution, and carried by the fOl''iowing recorâed vote:
certification
AYES: Supervisors Kohinke, Eddy, Nickens, Minnix
NAYS: None
ABSTAIN: Supervisor Johnson
Chairman Minnix announced that the second reading of the
I
IN RE:
EVENING SESSION
ordinance and public hearing for the rezoning of 2392 Hammond Drive
had been continued to May 23, 1995, at the request of the petitioner,
Virginia Recreation~l Authorities Commission.
IN RE:
. ç..'
RECOGNITIOlfS
"
:28
,-
.rh';
~ Presentation of Resolution of Conqratulations to
Marqaret S. Moles upon beinq selected Virqinia's
National Distinquished principal.
Chairman
Minnix
advised
that
the
resolution
of
congratulations for Mrs. Moles was adopted at the March 14, 1995
meeting. It was to be presented to her that night at a reception in
I
her honor; however, this was not done due to the length of the Board
~
~
I
I
. ~ .
~
"
April 25, 1995
283
meeting. He presented the resolution to Mrs. Moles with the
congratulations and appreciation of the Board and citizens.
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
~ Ordinance to rezone 3.06 Acres from I-l Conditional and
C-l Conditional to C-l to house administrative offices
and church services, located at 5240 Hollins Road,
Hollins Maqisterial District, upon the petition of
Reformation Herald PUblishinq Association. (Terry
Harrinqton, Director of Planninq & Zoninq)
Mr. Harrington advised that the petitioner is requesting
that the front 1.85 acres of a 3.06 acre parcel be rezoned to C-1
which is the same zoning designation as the rear 1.21 acres. The
petitioner wishes to remove the proffers which restrict the use of the
property from both parcels of land. The petitioner is in the process
of constructing an office building which will include a 40 seat chapel
and is requesting the C-1 zoning to allow the chapel in the new office
building. Mr. Harrington advised that the Planning Commission
recommended approval of the petition.
Supervisor Johnson requested that the matter be referred to
staff for an explanation as to why construction was started before the
proper zoning was acquired, and whether the easement issue had been
resolved. Mr. Burec, petitioner, was present and responded to
questions from Supervisor Johnson.
There were no citizens to speak on this item and it was the
~
"...
284
April 25, 1995
þ
consensus of the Board that this rezoning be continued until the May
23, 1995 meeting. Supervisor Johnson advised that he will give a
written list of his concerns to the staff. Supervisor Nickens asked
that the staff determine whether the building permit was issued
properly and included plans for the church.
~ Ordinance to rezone 0.49 acre from C-l Conditional to
C-l Conditional to construct a learninq center, Located
at 4903 Colonial Avenue, Cave Sprinq Maqisterial
District, upon the petition of Alliance Properties,
Inc. (Terry Harrinqton, Director of Planninq & Zoninq)
0-42595-6
I
Mr. Harrington advised that Alliance Properties, Inc. is
requesting that the property be rezoned to allow Janus Learning Center
to move from their present location at 4903 Colonial Avenue, which is
the building next to the site that is the subject of the next rezoning
request by Alliance Properties, Inc., to 4929 Colonial Avenue, which
is the third building away from the site. The petitioner is also
requesting that the previous proffers from 1982 be removed and is
proffering three conditions. These conditions were agreed to by the
petitioner, neighboring property owners, and the Planning Commission
in an attempt to ensure that any development of the property will be
in conformity with the residential character of the Colonial Avenue
neighborhood. He described the proffers which include (1) concept
plan which limits the size of the building, and location of the
I
l
." J.- . ':
""I11III
April 25, 1995
285
~
parking lot;
(2) architecture of the building, slope of the roof,
types of signs, types of screening, and fencing; and (3) limits on the
uses of the property to certain office type administrative service
units and educational facilities. The Planning Commission recommended
approval with the proffered conditions.
Don Wetherington, Attorney, representing the neighboring
property owners concerned with this request for rezoning and the next
rezoning request from Alliance Properties, Inc., advised that they are
supportive of approving both rezonings.
He stated that the property
owners are adamant in their belief that this should be the last
property on Colonial Avenue used in a commercial development.
I
However, they feel that their concerns have been addressed by the
"." -
proffered conditions on this rezoning and the next rezoning, and they
welcome Harris Teeter and Revco to the neighborhood.
Supervisor Minnix moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 42595-6 TO CHANGE THE ZONING CLASSIFICATION OF A
.49 ACRE TRACT OF REAL ESTATE LOCATED AT 4903 COLONIAL
AVENUE (TAX MAP NO. 86.08-1-1) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-l,
CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-l,
CONDITIONAL, UPON THE APPLICATION OF ALLIANCE PROPERTIES,
INC.
WHEREAS, this property was rezoned to A-1 in 1982, and
II changed to C-l, Conditional in accordance with the 1992 Roanoke County
~
"...
286
April 25, 1995
þ
Zoning Ordinance; and
WHEREAS, the first reading of this ordinance was held on
the second reading and public hearing were held
March 28, 1995, and
April 25, 1995; and,
WHEREAS,
the Roanoke County Planning Commission held a
public hearing on this matter on April 4, 1995; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract of
real estate containing .49 acre, as described herein, and located at
4903 Colonial Avenue (Tax Map Number 86.08-1-1) in the Cave Spring
Magisterial District, is hereby changed from the zoning classification
of C-l, Conditional, Office District, to the zoning classification of
C-1, conditional, Office District.
2. That this action is taken upon the application of
Alliance Properties, Inc.
3. That the owners voluntarily proffered in writing the
following amendments to the conditions approved by the Board of
Supervisors in 1982, which the Board of Supervisors hereby amends as
follows:
I
(1) The u3agc for thc oubjcct property shall bc
rC3tricted to the use by the occupant thereof a3 the
occupant's dwelling and as said occupant'3 medical
I
l
.,.
~
April 25, 1995
287
~
office facility.
(2) A maximum of fivc (5) automobileD :3hall bc allm;cd
on thc Dubjcct propcrty during bUDincDs hours.
(3) The homc on thc subj cct property, as it no\.-
cxisto, is not to bc altercd from it:3 pre:3cnt
configuration for usc ûs a profeooional office.
(4) Thc outoidc grounds and landDcaping vill be
maintaincd aD it preDcntly existo to conform in
appcarancc with thc rcsidcntial homCD in thc arca.
I
1.ll The property will be developed in substantial
conformitv to the attached concept plan dated 3/13/95.
revised 4/4/95. indicatinq the relative lavout and
location of the buildinq. the square footaqe of the
footprint . of the buildinq. the location and number of
I
parking spaces and Type C screeninq and bufferinq where
the propertv adioins R1 zoninq. with a combination of
option 1. 15 foot buffer vard and Option 2 landscapinq.
small everqreen trees and one row of everqreen trees.
to be planted and maintained in the buffer yard. and to
replace the 6 foot screeninq fence. but achieve an
equivalent screeninq effect.
ill The property will be developed to have a
residential appearance in that the roof of the buildinq
will be shingled and have a pitch equal to or qreater
....
"...
288
April 25, 1995
þ
than 5-12. the exterior construction will be brick.
residential tvpe sidinq or a combination of the two.
the outside lightinq will be for security rather than
commercial purposes. such as residential type dusk-to-
dawn lightinq. and there will be no more than one siqn
on the premises which will not be larqer than 20 square
feet. will not be backlit and will be either a monument
type siqn or a sand blasted wooden siqn.
l2l The permitted uses for the property under section
30-53-2 of the 1992 Roanoke Countv Zoninq Ordinance
will be limited to the followinq:
facilities.
colleqe/universitv. education
facilities.
I
civic Uses
administrative services.
educational
primary/secondarv*:
Office Uses - qeneral office. medical office:
Commercial Uses - communications services. studio. fine
arts.
4. That said real estate is more fully described as
follows:
BEGINNING at a point on the northern right of way of
Virginia Secondary Route 687; thence N. 2 deg. 15' E. 242.96
feet to a point; thence S. 80 deg. 25' E. 130.0 feet to a
point; thence S. 7 deg. 33' W. 243.05 feet to a point;
thence N. 79 deg. 03' W. 80.63 feet to a point; and being a
0.51 acre tract shown on a survey plat dated April 12, 1988,
by Jack G. Bess, CLS.
5. That this ordinance shall be in full force and effect
I
thirty (30) days after its final passage. All ordinances or parts of
l
~
I
I
,,'.f'
""I11III
April 25, 1995
289
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 Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
~
Ordinance to rezone approximatelY 1.95 acres from C-l
and C-2 Conditional to C-2 Conditional to construct a
supermarket and druq store, Located at 4919 and 4929
Colonial Avenue, 'Cave Sprinq Maqisterial District, upon
the petition of Alliance Properties, Inc. (Terry
Harrinqton, Director of Planninq & Zoning)
0-42595-7
There was no discussion and no citizens requested to speak.
Mr. Harrington advised that prior to the public hearing, an amended
proffer of conditions statement was submitted by the petitioner to
address several of the remaining concerns of the surrounding
communi ty. He explained that these proffers are the basis for Mr.
Wetherington's statements earlier that all of the property owners'
concerns have been resolved. These amended proffers address lighting
and materials for the wall.
Supervisor Minnix moved to adopt the ordinance with amended
~
,...
290
April 25, 1995
þ
proffers. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 42595-7 TO CHANGE THE ZONING
CLASSIFICATION OF CERTAIN TRACTS OF REAL ESTATE
CONTAINING 1.04 ACRES LOCATED AT 4919 AND 4929
COLONIAL AVENUE (TAX MAP NOS. 86.08-1-2 AND 86.08-
1-3) AND A PORTION OF A 1.65 ACRE TRACT LOCATED AT
4350 BRAMBLETON AVENUE (TAX MAP NO. 77.17-5-22) IN
THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE
ZONING CLASSIFICATION OF C-l AND C-2, CONDITIONAL,
TO THE ZONING CLASSIFICATION OF C-2, CONDITIONAL,
UPON THE APPLICATION OF ALLIANCE PROPERTIES, INC.
WHEREAS, this property was rezoned to C-1 and C-2,
Conditional, in 1988; and
,
WHEREAS, the first reading of this ordinance was held on
March 28, 1995, and
April 25, 1995; and,
WHEREAS,
the second reading and public hearing were held
I
the Roanoke County Planning Commission held a
public hearing on this matter on April 4, 1995; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of certain tracts of
real estate containing 1.04 acres, as described herein, and located at
4919 and 4929 Colonial Avenue (Tax Map Numbers 86.08-1-2 and 86.08-1-
3), and a 0.91 acre portion of a 1.65 acre tract of real estate, also
I
described herein, and located at 4350 Brambleton Avenue (Tax Map
l
~
I
I
~
April 25, 1995
291
Number 77.17-5-22) in the Cave Spring Magisterial District, is hereby
changed from the zoning classification of C-1 and C-2, Conditional,
Office District and General Commercial District, to the zoning
classification of C-2, Conditional, General Commercial District.
2. That this action is taken upon the application of
Alliance Properties, Inc.
3. That the owners voluntarily proffered in writing the
following amendments to the conditions approved by the Board of
Supervisors in 1988, which the Board of Supervisors hereby amends as
follows:
(1) Construction of a con·.¡enience store ¡/i th gasoline
pumps ¡/ill be in :::mb:Jtantial conformity \;i th the oi te
plan prepared by A. T. Williamo, and submitted
here\/i th .
(2) The mini 'i.wrchou::3e::3 a::3 Get forth in the original
proffero are deleted; the zoning on the rear portion
i::3 to remain M 1, Light Industrial Di3trict,but there
~ill be no development on the M 1 portion until there
. .......
1::3 GU""m1::3010n to ûnd appro·.¡al of a concept plan for
ouch development by the governing body.
(3) That the houro of operûtion ahall be from 5: 00
A.H. to 12:00 r.M.
i1l The property will be developed in substantial
conformity to the attached March 28, 1995 concept plan
....
,...
292
April 25, 1995
þ
bv Shook Design Group which may be modified to indicate
direct access between the pro-perty and the ad; acent
Wilco t>roperty.
ill The buffer area and screen fence between the
property and the ad;acent Anderson & Craiqhead
properties will be constructed to locate the plantinqs
on the side of the fence facinq the ad;acent -properties
consistent with the qrade between the properties. i.e..
the fence will be generally located alonq the -property
line toward the Anderson property and alonq the access
road behind the Harris Teeter buildinq ad;acent to the
Craiqhead property.
1...dl The retaininq wall between the propertv and the
Craiqhead property will have a finished surface of
split face block which has a rouqh texture and a
varietv of colors. or will have a finished surface of
scored faced concrete which has a pattern to resemble
stacked block or stone or such similar surface
treatment as may be approved or required' by Roanoke
County in the site plan review or will be a mortar
rubble retaining wall.
1Al The exterior surface of the buildinqs to be
constructed on the property will be brick on all sides
and the buildinqs will not be multi-story. exce-pt the
Harris Teeter buildinq will have a mezzanine.
I
I
l
,~ " . '.'
'. - , ,~',' 'f~- '\., ~
~
April 25, 1995
293
~
L2l other than trash collection for the property,
there will be no collection or recyclinq bins other
than for the collection of paper.
J...§.l The
Harris
Teeter
loadinq
dock
and
dumpster/compactor areas will be screened or buffered
bv a wall, fence or appropriate plantinqs.
l1.l The Revco loadinq/unloadinq area will be located
on the side of the Revco buildinq facing the Harris
Teeter building and an enclosure to screen the Revco
dumµster will be located in the area between the Revco
I
and Harris Teeter buildinqs.
l-ª-l The fixture mounting heiqht of· the exterior site
liqhtinq poles will not exceed 22 feet from qrade.
4. That said real estate is more fully described as
follows:
I
Tax Map No. 86.08-1-2
BEGINNING at a point on the northerly side of Colonial
Avenue (formerly Bent Mountain Road) at the southeasterly
corner of property now or formerly owned by Craighead (DB
620, page 473) and which said point constitutes Corner 8 on
the plat hereinafter referred to; thence N. 2 deg. 15' E.
265.24 feet to Point 9; thence S. 69 deg. 56' E. 21.01 feet
to Point 10; thence S. 85 deg. 04' E. 46.45 feet to Corner
11; thence N. 79 deg. 17' E. 84.02 feet to Corner 5; thence
S. 2 deg. 15' W.299.42 feet to Corner 6, an old iron pipe
planted on the northerly side of Colonial Avenue; thence N.
78 deg. 35' 150.19 feet to Point 8, the Place of Beginning,
and shown as "Beatty Remaining 0.936 Acre" on a plat of
survey prepared by C. B. Malcolm, Jr. dated April 17, 1974,
which is of record in Deed Book 999 at page 68 in the Office
of the Clerk of the Circuit Court of Roanoke County.
~
,...
294
April 25, 1995
þ
Tax Map No. 86.08-1-3
BEGINNING at a point in the center line of the Bent Mountain
Road, also known as Poor House Road, Corner to C. M.
Emerson, and being situate N. 79 deg. 03' W. 3l0.0 feet from
the southwest corner of Tract No. 2 of H. W. Greenwood
lands; thence with the center line of said Bent Mountain
Road, N. 79 deg. 03' W. 150.0 feet to a point; thence
leaving the road, passing an iron pipe at 15.0 feet and
along and through other lands of C. M. Emerson, N. 2 deg.
15' E. 950.5 feet to an iron rod in fence by a large forked
tree in line of Hartman property; thence with line of same
and line of Tract No. 5 of L. L. Greenwood Estate lands, N.
89 deg. 11' E. 147.8 feet to an iron rod in fence, corner to
C. M. Emerson; thence with a line of same, S.2 deg~ 15' W.
971.5 feet to the Place of Beginning; and, CONTAINING 3.23
acres, exclusive of road, as shown by plat prepared by Jas.
F. McTier, CPE, under date of April 13, 1940, for C. M.
Emerson, which map is of record in the Roanoke County
Circuit Court Clerk's Office in Deed Book 213, page 532; and
LESS AND EXCEPT, HOWEVER, that certain tract of land
conveyed unto the Commonwealth of Virginia by deed dated
February 26, 1954, of record in the aforesaid Clerk's Office
in Deed Book 503, page 395; and LESS AND EXCEPT, HOWEVER, I
that certain tract of land conveyed unto the Commonwealth of
Virginia by certificate dated September 3, 1963, of record
in the aforesaid Clerk's Office in Deed Book 724, page 138;
and LESS AND EXCEPT, HOWEVER, that certain tract of land
conveyed unto Mick-or-Mack by deed of record in the
aforesaid Clerk's Office in Deed Book 882, page 785; and
LESS AND EXCEPT, HOWEVER, that certain tract of land
cónveyed unto the Commonwealth of virginia by deed dated
October 30, 1989, of record in the aforesaid Clerk's Office
in Deed Book 1315, page 1136; and LESS AND EXCEPT, HOWEVER,
that certain tract of land conveyed unto H. Robert Munday
and Joseph C. Thomas, by deed dated March 1, 1976, of record
in the aforesaid Clerk's Office in Deed Book 1036, page 836.
Portion of Tax Map No. 77.17-5-22
0.91 acres of this 1.65 acre tract.
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
I
to amend the zoning district map to reflect the change in zoning
l
~
I
I
".':, '., -'::'~_""1't'"
""I11III
April 25, 1995
295
classification authorized by this ordinance.
On motion of Supervisor Minnix to adopt the ordinance with
the amended proffers, and carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
~ Ordinance to rezone 5.93 acres of land from EP to AG-3,
located at 2393 Hammond Drive, vinton Maqisterial
District, upon the petition of the Virqinia
Recreational Facilities Authority. (Terry Harrinqton,
Director of Planninq & Zoninq) (CONTINUED FROM MARCH
28, 1995)
Chairman Minnix
continued until the May
petitioners.
announced that this
23, 1995 meeting at
rezoning has been
the request of the
IN RE: OTHER BUSINESS
~ Ordinance authorizing a Special Use Permit to construct
a broadcast tower atop Read Mountain approximately .4
mile north of Summit Ridqe Road, Hollins Maqisterial
District, upon the petition of Virqinia Towers, Inc.
(CONTINUED UNTIL MAY 23, 1995)
Chairman Minnix announced that this rezoning has been
continued until the May 23, 1995 meeting.
~
"...
296
April 25, 1995
þ
~ Ordinance to rezone 4.068 acres from R-l to R-3 to
allow sinqle familY attached' and detached dwellinqs,
Located at 4824 Cave Sprinq Lane, Windsor Hills
Maqisterial District, upon the petition of Jeffrey and
Laura Maronic. (CONTINUED FROM MARCH 28, 1995)
Chairman Minnix announced that the this rezoning has been
.
withdrawn at the request of the petitioners, Jeffrey and Laura
Maronic.
IN RE:
CONTINUATION OF BUDGET WORK SESSION
At 7: 35 p.m., Chairman Minnix announced that this was a
continuation of the afternoon budget work session to give thosel
representatives who were unable to attend the opportunity to speak.
The following representatives from the human service, social service
and cultural agencies, spoke on behalf of their organizations for
funding in the proposed budget:
1. Dick Hawkins, Executive Director, 2030 Colonial Avenue,
SW, Roanoke Valley Speech and Hearing Center
2. Mildred Willis, Alliance for the Mentally Ill, 3835
Darlington Road, on behalf of the Blue Ridge community services
3. Ted Allen, 422l Whitehall Circle, Alliance for the
Mentally Ill, on behalf of the Blue Ridge Community Services
The following citizens spoke in favor of full funding for
the School Board Budget:
l. Mike Wray, 5650 Yellow Mountain Road
I
~
~
I
I
~
April 25, 1995
297
2. Babette Cribbs, 6045 Burnham Road
3. Chris Shroeder, 5335 Warbonnet Road
IN RE: WORK SESSION ON HEALTH INSURANCE CONTRACT
At the afternoon session, the Board decided to have a work
session on the health insurance contract for County and School
employees at the evening session. Ms. Hyatt and Ms. White were
present and answered specific questions from the Board members
concerning how the Point of Service plan works, what the savings will
be, costs to the employees and County, and specific physician and
hospital coverage questions. In response to the Board's concern about
employees being properly informed of their choices, Ms. White advised
that the P~S plan will be explained in small employee group meetings
by Trigon as many times as necessary.
Dr. Jerry Hardy, Director of Budget and Data Management for
the County Schools, spoke in favor of the contract and advised that
the School Team has recommended approval to the School Board. Ms. Jo
Ann POff, teacher at Hidden Valley Junior High School, and a member of
the team, spoke in favor of approving the contract with both plans.
She felt that the employees would benefit from having a choice between
the current plan and the p~s plan.
~
Approval of Health Insurance Contract for School and
County employees. (Diane D. Hyatt, Director, Finance)
A-42595-8
~
"...
298
April 25, 1995
At 8:30 p.m., Supervisor Minnix moved to return to regular
session and approve a health insurance contract for County and School
employees which includes two tiers (the Basis Comprehensive Plan and
'Point of Service Plan). The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
ADJOURNMENT
At 8: 35 p.m., Supervisor Johnson moved to adjourn. The
motion carried by a unanimous voice vote.
Respectfully submitted,
Approved by,
~~
Brenda J. olton, Deputy Clerk
Minnix,
l
þ
I
I