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6/27/1995 - Regular ~ I I ~ June 27, 1995 447 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 June 27, 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 month of June, 1995. 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(A't'riv~d 3:17 p.m. ) MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; Jol1n M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Gréen, Director, Community Relations IN RE: OPENING CE~EMONIES ~ ,... 448 June 27, 1995 þ The invocation was given by John M. Chambliss, Jr., Assistant Administrator. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Minnix announced that the briefing by Dr. Molly Rutledge on the Public Heath Service Plan had been continued until July 11, 1995, and added the first reading of an ordinance to declare certain real estate to be surplus. Mr. Mahoney added the following items to the Executive Session pursuant to section 2.1-344 (A): (7) legal matter concerning I potential litigation, namely Occidental Development, Ltd. and (3) personnel issue. Supervisor Eddy added an item to the Executive Session pursuant to section 2.1-344 (A): (3) personnel matter concerning early retirement option for County Administrator as proposed by State legislation. He advised that action was anticipated after the Executive Session, and added a resolution to the evening session to accept or reject the State's option. He also added a resolution to establish annual compensation for the County Administrator and County Attorney to the evening session. IN RE: BRIEFINGS (Anne Mariel ~ Results of the citizen satisfaction Survey. l ~ I I .~ June 27, 1995 449 Green, Director, Communi tv Relations and Frank Martin, Martin Research) Ms. Green advised that at the Board Retreat in January, 1995, the staff was directed to conduct a citizen satisfaction survey with thè results to be available around July 1. Martin Research was hired to conduct the survey in May, 1995, with 500 County citizens selected at random by telephone. Mr. Martin distributed copies of the report and went over the results of each section with the overall grades for County services being either a "B+" , "B", or "B-". He suggested that where there were grades of "c or lower", it might be helpful to follow up with these citizens to determine their reasons. Supervisor Johnson requested that the staff review the survey and determine how it might affect the County's capital needs and future budgets. He suggested that a work session could be held on the surveyor that it be discussed at the Board Planning Retreat. Mr. Hodge advised that he is asking Martin Research to conduct some additional studies to gather information for a work session, and if necessary, he will come back to the Board and request additional funds to accomplish this. PUblic Health Service Plan for the Fifth District. (Dr. Mollv Rutledge, Director, Health District) Chairman Minnix advised that Dr. Rutledge was unable to h Planninq Alleqhanv ~ ,... 450 June 27, 1995 þ attend the meeting and that the briefing had been rescheduled for July 11, 1995. IN RE: NEW BUSINESS ~ Request to debar Wavne Enqineerinq Corporation from consideration for award of future contracts. (Paul Mahonev, countv Attorney) Mr. Mahoney advised that William Rand, Director of General Services, would present the staff's report, and that William Fralin, Attorney for Wayne Engineering Corporation, was ,present and had requested to speak. Mr. Rand advised that Roanoke County purchased three garbagell in 1994, and that the trucks from Wayne Engineering Corporation warranties expired in May, 1995. He advised that downtime for all three Wayne vehicles is significant, and if transport is included, two of the Wayne vehicles have been unavailable for use approximately 20% of the time. Mr. Rand advised that on June 23, 1994, a hydraulic line on one of the trucks came loose as a result of a defective connection design and approximately 45 gallons of hydraulic fluid were released onto Greenway Drive. Although Wayne Engineering Corporation was advised of the spill and cleanup activities and was billed on October costs. 19, 1994, for the costs of $43,011.67, they have declined to pay the . I He described the significant problems with the three trucks l ~ ~ June 27, 1995 4i1 that included: ( 1) major stress damages (cracks) to the frames; (2 ) problems with the roller operation of the trailer trays; (3) structural cracks in the grabber assemblies of the lifting units; (4) replacement of the two stage hydra'lilic pumps and packing cylinders; - and (6) recurring problems with the hydraulic systems. In response to questions~ Mr. Mahoney advised that instead of taking the debarment action, the County could declare future bids non responsive; however, the bidder would then have the legal recourse to file a bid protest. He recommended that the staff determine in advance that bids from Wayne Engineering Corporation would not be I accepted and proceed with the debarment from consideration of future contracts with Roanoke County for a period of time not to exceed three years. He recommended that the debarment include all refuse collection vehicles developed, manufactured and serviced by Wayne Engineering but distributed by Leach Company. In response to a question, Mr. Rand advised that there are funds in the upcoming budget for another automated refuse vehicle and that the debarment would eliminate Wayne Engineering from consideration. Mr. William Fralin, a Roanoke attorney, advised that he was representing Wayne Engineering Corporation, which is located in Cedar Falls, Iowa. He presented the Board with a packet of information and exhibits. He advised that Wayne Engineering Corporation felt that the I County was considering debarment because they would not agree to pay the cleanup costs apportioned to them by the County, and that this was ~ ,... 452 - June 27, 1995 þ not the intent of the debarment statute. Mr. Fralin stated that Wayne Engineering had fully complied with the warranty contract for the vehicles as endorsed by the County which states that Wayne Engineering accepts no responsibility for subsequent damage that may result from a part or component failure on the machine. They maintain that the cleanup costs were excessive and resulted from the pressure work performed by the County, and they are offering $6,000 as their portion of the cleanup costs. In response to questions, Mr. Mahoney advised that whether or not the County debarred Wayne Engineering Corporation from future contracts, he was prepared to proceed to litigation for the costs of the cleanup. Supervisor Johnson advised that he felt the discussionll of the subject should cease due to pending litigation. Supervisor Nickens moved to approve the staff recommendation and debar Wayne Engineering Corporation. After further discussion, Supervisor Nickens withdrew the motion to approve the debarment, and moved to table the item for thirty days with any further discussion being held in Executive Session. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Mr. Fralin advised that he felt that discussion of this issue in Executive Session would be inappropriate because there is no current litigation. Mr. Mahoney advised that the matter could bel . discussed in Executive Session under the section pertaining to a legal l ~ I I ~ June 27, 1995 45J matter concerning potential litigation. Supervisor Johnson suggested that it might be helpful if a work session could be held on the Procurement Code dealing with debarment and the inclusion and exclusion processes. h Resolution recommending legislative proposals to the Virqinia Association of Counties for the 1996 Session of the Virqinia General Assemblv. (Paul Mahonev, Countv Attorney) R-62795-1 Mr. Mahoney advised that at the June 13, 1995 meeting, the Board considered and discussed suggestions for legislative proposals for the 1996 VACo Legislative Program. Two suggestions were made at that meeting and they have been added to the resolution: (1) to support an amendment to increase the salary for the chairman of the board of supervisors; and (2) to support increased funding for education capital projects. He requested that the Board adopt the resolution containing the legislative proposals and send it to VACo. Supervisor Eddy made three language revisions to the resolution. Supervisor Kohinke moved to adopt the resolution with the . .. revisions. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix (NAYS: Supervisor Nickens RESOLUTION 62795-1 RECOMMENDING LEGISLATIVE PROPOSALS TO THE VIRGINIA ASSOCIATION OF COUNTIES ~ ,... 454 June 27, 1995 þ FOR THE 1996 SESSION OF THE VIRGINIA GENERAL ASSEMBLY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 1996 session of the Virginia General Assembly; and WHEREAS, by this resolution the Board is recommending these issues to its statewide organization, the virginia Association of Counties, for consideration in the adoption of its legislative program. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative proposalsll are submitted to the Virginia Association of Counties for consider- ation in its 1996 Legislative Program. I 1996 LEGISLATIVE PROGRAM 1. Relief from recycling mandate Repeal the 25% recycling mandate on local governments found in § 10.1-1411 on all waste collected by private haulers and diverted from waste disposal or recycling facilities identified to receive such waste as provided in the local solid waste management plan. In addition, require. that private waste haulers diverting such waste be held accountable and responsible for meeting the same recycling rates and requirements as local governments. The Board may recall that the 1995 Session of the Virginial l ~ I I "'II1II June 27, 1995 ~~ 455 General Assembly adopted a waste hauler displacement bill which substantially restricted the ability of local governments to regulate the flow of waste or to displace private companies providing waste hauling services (HB 1802). This legislation substantially restricts the ability of local governments to "displace" private companies providing waste hauling services however, it does not impose on these private companies any of the responsibilities or recycling mandates imposed on local governments. The General Assembly should relieve local governments of these recycling mandates and impose on the private waste haulers the same obligations and responsibilities for recycling currently imposed on local governments. 2. BPOL Tax - Maintain the local option business license tax ($3 million annual impact on Roanoke County). 3. Regional cooperation Support the creation of financial incentives by the Commonwealth for local governments to cooperate in the regional delivery of services. 4. E911 Tax - Amend § 58.1-3813 to expand el~gible costs for this tax to include public safety radios, mobile data terminals, and communications equipment necessary to implement an E911 system. 5. Amendment of § 14.1-46.01:1 to increase the supplementary salary for the chairman of the board of supervisors from $1,800 to $2,500. 6. Education Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to enhance ~ ,... 456 June 27, 1995 þ funding for public education, including increasing the funds available to the Literary Fund for local school capital construction or renovation projects. Local school divisions should be authorized to establish opening dates for school. Disparity funding should be based not only upon the number of students eligible for free or reduced fee lunches, but also upon the locality's local tax effort in support of education. Disparity funding 'should be based upon the composite index (which measures a locality's relative fiscal ability to provide its share of the cost of a local school system that meets the standards of quality) and the locality's local effort in support of that school system. II II That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to the Executive Director of the Virginia Association of Counties. On motion of Supervisor Kohinke to adopt the resolution, and carried by the fOllowing recorded vote: 'AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Minnix Supervisor Nickens IN RE: REQUESTS FOR WORK SESSIONS It was the consensus of the Board to have instead of a briefing on the Public Health Service Rutledge at the July 11, 1995 meeting. a~work session Plan with Dr.1 l ~ I I "'II1II -" June 27, 1995 457 IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first readings and set the second readings and public hearings for July 25, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance authorizinq a Special private horse stable located Hollins Maqisterial District, Robert E. Murphv. Use Permit to operate a at 8411 Olsen Road, upon the petition of h ordinance authorizinq a Special Use Permit to operate a private kennel located at 5502 South Roselawn Road, Windsor Hills Maqisterial District, upon the petition of Helene MaWVer. ~ Ordinance to amend section 30-93-14 of the Roanoke Countv Zoninq Ordinance to revise the siqn requlations for shoppinq centers, upon the petition of Roanoke Countv Planninq commission. Supervisor Nickens requested that any future revisions to the sign regulations include a review of the requirements for measurement of a sign before a second sign can be installed. IN RE: FIRST READING OF ORDINANCES ~ Ordinance declarinq several parcels of real estate to be surplus and acceDtinq offers for the sale of same (Well lots - Arlinqton Forest, Cherokee Hills 2 and North Lakes 2 and 3). (Paul Mahonev, county Attorney) Mr.' Mahoney advised that individual appraisals will be ~ ,... 458 June 27, 1995 þ received back before the second reading on July 11, 1995. There was no discussion and no citizens requested to speak on this issue. Supervisor Kohinke moved to approve the first reading and set the second reading for July 25, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES ~ Ordinance approDriatinq the funds for the 1995-96 Fiscal Year Budqet for Roanoke countv. (Brent II Robertson, Budget Manaqer) 0-62795-2 There was no staff presentation. Supervisor Nickens advised that according to a report in the Roanoke Times & News-World, Roanoke city council is not providing funds for the Explore Park in their budget this year. He suggested that the area tourist destinations be contacted and reminded that the County continues to see their contribution to the region's quality of life as very important, and also suggested that the tourist destinations transmit this information to the Roanoke City Council. He stated that he would address this issue later in the agenda. Supervisor Johnson advised that the information given to the Information Act concerning Times & World-News under the Freedom of I the recent salary increases and adjustments reporter for the Roanoke l ~ I I ,~ June 27, 1995 4S9 was very confusing and hard to understand. He asked that the staff use simpler methods to explain such processes in the future, and Supervisor Eddy agreed that this information should be made more understandable. -- Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy ORDINANCE 62795-2 APPROPRIATING FUNDS FOR THE 1995-96 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a pUblic hearing was held on May 23, 1995, concerning the adoption of the annual budget for Roanoke County for fiscal year 1995-96; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on June 13, 1995, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 4 of Title 15.1 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on June 13, 1995, and the second reading of this ordinance was held on June 27, 1995, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 1995, and ending ~ ,... - 460 June 27, 1995 Þ June 30, 1996, for the functions and purposes indicated: Revenues: General Fund: General Government $ 89,379,898 Youth Haven II 387,247 Comprehensive Services 1,126,122 Law Library 41,980 Recreation Fee Class 616,763 Internal Services 1,461,964 Garage II 257,278 Total General Fund $ 93,271,252 Debt Service Fund $ 8,706,612 Capital Projects Fund $ 575,000 Internai Service Fund - Risk Management $ 1,169,996 II Water Fund: Water Operations $ 9,616,728 1991 Water Revenue Bonds 164,621 Water Repair and Replacement 350,000 Other 574,054 Water Surplus 743,059 Total Water Fund $ 11,448,462 Sewer Fund: Sewer Operations $ 5,002,266 Sewer Repair and Replacement 348,889 Total Sewer Fund $ 5,351,155 School Funds: Operating $ 76,103,239 Cafeteria 2,995,000 Grant 1,652,032 Textbook 777,283 I Other 1,500,000 Total School Fund 83,027,554 $ Total All Funds $ 203,550.031 l ~ ~ June 27, 1995 461 Expenditures,: General Government: General Administration Board of Supervisors $ 223,807 County Administrator 185,385 Community Relations 109,839 Asst. Co. Administrators 280,401 Property Management 80,403 Human Resources 358,236 County Attorney 285,471 Economic Development 646.691 Total General Administration $ 2.170.233 Constitutional Officers Treasurer $ 526,310 Commonwealth Attorney 448,765 I Victim/Witness 5,048 Commissioner of the Revenue 550,103 Clerk of the Circuit Court 651,280 Sheriffs Office 1,052,533 Care & Confinement of Prisoners 2,858,140 Total Constitutional Officers $ 6,092.179 Judicial Administration Circuit Coun $ 101,626 General District Coun 34,083 Magistrate 1,255 J & DR Court 10,429 Court Service Unit 172,385 Total Judicial Administration $ 319,778 Management Services County Assessor $ 626,463 Financial Planning 616,442 Public Transportation 70,200 Management and Budget 108,152 I Procurement Services 269,518 Total Management Services $ 1,690,775 ~ ,... 462 June 27, 1995 Þ Public Safety Police $ 5,025,520 Transportation Safety Commission 960 E911 Maintenance 423,717 Fire and Rescue 3,799,103 Total Public Safety $ 9.249.300 Community Services General Services $ 456,484 Solid Waste 3,320,934 Engineering and Inspections 2,420.711 Building Maintenance 1,309.483 Planning and Zoning 460.249 Planning Commission 20.612 Total Community Services $ 7.988.473 Human Services I ~oundsMaintenance $ 1,328,057 Parks and Recreation 1,217,725 Public Health 425,333 Social Services Administration 2,156,828 Public Assistance 952,400 Institutional Care 30,500 Social Service Organizations 119,332 Contributions Human Service Organizations 82,213 Contributions Cultural Organizations 178,526 Library 1,485,404 VPI Extension 70,420 Elections 197,499 Total Human Services $ 8,244,237 - Non-Departmental Employee Benefits $ 1,945,000 Misceilaneous 879,640 Venture Capital 25,000 Internal Service Charges 1,063,713 Total Non-Departmental $ 3,913,353 I l ~ ~ June 27, 1995 %3 Transfers to Other Funds Transfer to Debt - General $ 3,624,207 Transfer to Debt Service - School 1,868,697 Transfer to Capital 575,000 Transtèr to Schools 39,419,760 Transfer to Schools - Capital 1,850,000 Transtèr to Schools - Dental Insurance 260,932 Transfer to Internal Services 1,169,996 Transfer to Comprehensive Services 313,015 Transtèr to Garage II 100,000 Transrèr to Youth Haven II 25.000 T ota! Transfers to Other Funds $ 49.206.607 Unappropriated Balance Board Contingency $ 100,000 Addition to Fund Balance 404.963 II T ota! General Government $ 89.379,898 Youth Haven II $ 387,247 Comprehensive Services $ 1,126,122 Law Library $ 41,980 Recreation Fee Class $ 616,763 Internal Services Management Information Systems $ 914,301 Communications 547,663 Total Internal Services $ 1,461,964 Garage II $ 257,278 Total General Fund $ 93,271,252 I Debt Service Fund $ 8,706,612 Capital Projects Fund $ 575,000 ~ ,... 464 June 27, 1995 þ l Internal Services Fund - Risk Management $ 1.169.996 Water Fund: Water Operations $ 9,616.728 1991 Water Revenue Bonds 164.621 Water Repair and Replacement 350,000 Other 574,054 Water Surplus 743.059 Total Water Fund $ 11.448.462 Sewer Fund: Sewer Operations $ 5.002.266 Sewer Repair and Replacement 348.889 II Total Sewer Fund $ 5.351.155 School Funds: Operating $ 76,103,239 Cafeteria 2,995,000 Grant 1,652,032 Text Book 777,283 Other 1.500.000 Total School Funds $ 83.027.554 Total All Funds $ 203.550.031 I ~ I I ~ June 27, 1995 465 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another within a fund. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 1995, are reappropriated to the 1995-96 fiscal year to the same department and account for which they are encumbered in the previous yea'r. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the proj ect and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 1995, and appropriations in the 1995-96 budget. 5. That all school fund appropriations remaining at the end of the 1994-95 fiscal year not lapse but shall be appropriated to the School Capital Improvements Fund in fiscal year 1995-96. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy h Ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke Countv pursuant to ~ ",... 466 June 27, 1995 þ section 3.07 of the Roanoke countv Charter and section 14.1-46.01:1 of the Code of Virqinia. (Elmer Hodqe, Countv Administrator) 0-62795-3 This was the second reading and public hearing of the ordinance. There was no discussion. Mr. David Courev, 3419 Ashmeade Drive, advised that he opposed the Board members giving themselves a raise, and felt they should only get a raise when taxes remain the same or are reduced. He asked the Board to show restrain in taxation matters. Supervisor Kohinke moved to adopt the ordinance with increase. The motion carried by the following recorded vote: a 5% II AYES: Supervisors Johnson, Kohinke, Eddy NAYS: Supervisors Nickens, Minnix ORDINANCE 62795-3 TO INCREASE THE SALARIES OF THE MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE COUNTY CHARTER AND SECTION 14.1-46.01: 1 OF THE CODE OF VIRGINIA WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for the compensation of members of the Board of supervisors and the procedure for increasing their salaries; and WHEREAS, Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended, establishes the annual salaries of members of boards of supervisors within certain population brackets; and WHEREAS, the Board of Supervisors of Roanoke County, I l ~ I I ~ June 27, 1995 467 Virginia, has heretofore established the annual salaries of Board members to be $10,161 by Ordinance 61494-7 and further has established the additional annual compensation for the chairman for the Board to be $1,800 and for the vice-chairman of the Board to be $1,200; and WHEREAS, this section provides that the maximum annual salaries therein provided may be adjusted in any year by an inflation factor not to exceed five (5%) percent; and WHEREAS, the first reading on this ordinance was held on June 13, 1995; the second reading and public hearing was held on June 27, 1995. NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the annual salaries of members of the Board of Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of 5% pursuant to the provisions of Section 3.07 of the Roanoke County Charter and Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended. The new annual salaries shall be $10,669 for members of the Board. In addition, the chairman of the Board will receive an additional annual sum of $1,800 and the vice-chairman of the Board will receive an additional sum of $1,200. This ordinance shall take effect on July 1, 1995. On motion of Supervisor Kohinke to adopt the ordinance with 5% increase, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy NAYS: Supervisors Nickens, Minnix ~ ,... 468 June 27, 1995 þ IN RE: APPOINTMENTS ~ Communi tv policv and Manaqement Team Chairman Minnix advised that the Community Policy and , Management Team had requested that Rita Gliniecki be reappointed for a one year term. It was the consensus of the Board to appoint her and place the confirmation on the Consent Agenda. h Fifth Planninq District commission Supervisor Eddy nominated Supervisor Minnix to serve as an elected representative and on the Executive Committee for a three year II term. His term will expire June 30, 1998. ~ Highwav and Transportation safety commission At the recommendation of Chief John Cease, supervisor Minnix nominated Lt. Stephen Turner as the Police Department representative, and Mr. James C. Martin as the Senior citizen representative for four year terms. Their terms will expire June 30, 1999. h Virqinia Western communi tv cOlleqe Board At the recommendation of Dr. Downs, President, Virginia Western Community College, Supervisor Nickens nominated Mr. James W. Arend to serve a four year term. His term will expire June 30, 1999. IN RE: CONSENT AGENDA Supervisor Kohinke moved to. adopt the Consent Resolution I R-62795-4 l ~ I I ~ June 27, 1995 4h9 after discussion of Item 6. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 62795-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for June 27, 1995, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Approval of Minutes for May 17, 1995. 2. Resolutions requesting acceptance of following recreational and industrial access roads into the Virginia Department of Transportation Secondary State System: a. .88 miles - Green Hill Park Road (Route #1185) b. .26 miles - Goode Park Road (Route #961) c. .20 miles - Clearbrook Park Road (Route #908) d. .20 miles - Garst Mill Park Road (Route #1373) e. .14 miles - Walrond Park Road (Route 823) f. .40 miles - Valley Tech Road (Route #830) 3. Designation of Voting Delegate to National Association of Counties Annual Conference, July 21 - 25, 1995. 4. Confirmation of appointment of parent representative to the Community Policy and Management Team. 5. Request for official acceptance and appropriation of ~ ,... 470 June 27, 1995 þ $150,000 Community Improvement Grant TechPark to the Capital Projects Fund. for Valley 6. Approval of Investment Policy Amendments. 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 Kohinke to adopt the Consent Agenda, and carried by the following recorded vote: AYES: supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 62795-4.a REQUESTING THE VIRGINIA DEPARTMENT OF I TRANSPORTATION TO ADD LINK A-B, A DISTANCE OF 0 . 88 MILES, GREEN HILL PARK ROAD, ROUTE #1185, TO THE SECONDARY SYSTEM OF STATE HIGHWAYS, PURSUANT TO S~cTION 33.1-229, CODE OF VIRGINIA. WHEREAS, the Virginia Department of Transportation has constructed Green Hill Park Road under Project 1185-080-239,C501, and WHEREAS, the project sketch, attached and incorporated herein as a part of this resolution, defines adjustments required in the secondary system of state highways as a result of that construction, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add Link A-B, a distance of _0.88 miles, Green Hill Park Road, Route #1185 to the secondary system of state highways, pursuant to §33.1-229, Code of virginia, for which sections this Board hereby guarantees the right of way to be clear and unrestricted, including any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board orders that a certified copy of this resolution be forwarded to the Resident Engineer for the I Virginia Department of Transportation. l 4 I I ,~ June 27, 1995 41l Recorded Vote Moved By: Supervisor Kohinke Seconded By: None Reauired Yeas: Supervisors Johnson, Kohinke, EddY, Nickens, Minnix Nays: None RESOLUTION 62795-4.b REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ADD LINK A-B, A DISTANCE OF 0.26 MILES, GOODE PARK ROAD, ROUTE #961, TO THE SECONDARY SYSTEM OF STATE HIGHWAYS, PURSUANT TO SECTION 33.1-229, CODE OF VIRGINIA. WHEREAS, the Virginia Department of Transportation has constructed Goode Park Road under Project 0961-080-208,N501, and WHEREAS, the project sketch, attached and incorporated herein as a part of this resolution, defines adjustments required in the secondary system of state highways as a result of that construction, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add Link A-B, a distance of 0.26 miles, Goode Park Road, Route #961, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, for which sections this Board hereby guarantees the right of way to be clear and unrestricted, including any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board orders that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Kohinke Seconded By: None Reauired Yeas: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix Nays: None RESOLUTION 62795-4.c REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ADD LINK A-B, A DISTANCE OF 0.20 MILES, CLEARBROOK PARK ROAD, ROUTE #908., TO THE SECONDARY SYSTEM OF STATE HIGHWAYS, PURSUANT TO SECTION 33.1-229, CODE OF VIRGINIA ~ "... 472 June· 27, 1995 þ WHEREAS, the Virginia Department of Transportation has constructed Clearbrook Park Road under Project 0908-080-210,N501, and WHEREAS, the project sketch, attached and incorporated herein as a part of this resolution, defines adjustments required in the secondary system of state highways as a result of that construction, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add Link A-B, a distance of 0.20 miles, Clearbrook Park Road, Route #908, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, for which sections this Board hereby guarantees the right of way to be clear and unrestricted, including any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board orders that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Kohinke Seconded By: None Reauired Yeas: Supervisors Johnson. Kohinke. Eddv. Nickens. Minnix Nays: None II RESOLUTION 62795-4. d REQUESTING THE VIRGINIA DEPARTMENT OF, TRANSPORTATION TO ADD LINK A-B, A DISTANCE OF 0.20 MILES, GARST MILL PARK ROAD, ROUTE #1373, TO THE SECONDARY SYSTEM OF STATE HIGHWAYS, PURSUANT TO SECTION 33.1-229, CODE OF VIRGINIA. WHEREAS, the Virginia Department of Transportation has constructed Garst Mill Park Road under Project 1373-080-211,N501, and WHEREAS, the project sketch, attached and incorporated herein as a part of this resolution, defines adjustments required in the secondary system of state highways as a result of that construction, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add Link A-B, a distance of 0.20 miles, Garst Mill Park Road, Route #1373, .to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, for which I sections this Board hereby guarantees the right of way to be clear and unrestricted, including any necessary easements for cuts, fills and drainage, and l ~ I I .~ June 27, 1995 m BE IT FURTHER RESOLVED, this Board orders that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Kohinke Seconded By: None Reauired Yeas: Supervisors Johnson. Kohinke. Eddv. Nickens. Minnix Nays: , None RESOLUTION 62795-4.e, REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ADD LINK A-B, A DISTANCE OF 0.14 MILES, WALROND PARK ROAD, ROUTE #823, TO THE SECONDARY SYSTEM OF STATE HIGHWAYS, PURSUANT TO SECTION 33.1-229, CODE OF VIRGINIA. WHEREAS, the Virginia Department of Transportation has constructed Walrond Park Road under Project 0823-080-209-N501, and WHEREAS, the project sketch, attached and incorporated herein as a part of this resolution, defines adjustments required in the secondary system of state highways as a result of that construction, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add Link A-B, a distance of 0.14 miles, Walrond Park Road, Route #823, to the secondary system of state highways, pursuant to § 3 3.1-229, Code of Virginia, for which sections this Board hereby guarantees the right of way to be clear and unrestricted, including any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board orders that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote no-Moved By: Supervisor Kohinke 'Seconded By: None Reauired Yeas: Supervisors Johnson. Kohinke. Eddv. Nickens. Minnix Nays: None RESOLUTION 62795-45~f REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ADD LINK A-B, A DISTANCE OF 0.40 MILES, VALLEY TECH ROAD, ROUTE #830, TO THE SECONDARY SYSTEM OF u" _........__. ._, ~ ,... 474 June· 27, 1995 þ STATE HIGHWAYS, PURSUANT TO SECTION 33.1,-229 OF THE CODE OF VIRGINIA. 'WHEREAS, the Virginia Department of constructed Valley Tech Industrial Road under 294,M501, and 0011-080-R07, M501, and Transportation has Projects 0830-080- WHEREAS, the project sketch, attached and incorporated herein as a part of-this resolution, defines adjustments required in the secondary system of state highways as a result of that construction, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add Link A-B, a distance of 0.40 miles, Valley Tech Road, Route #830, to the secondary system of state highways, pursuant to §33.1-229, Code of virginia, for which sections this Board hereby guarantees the right of way to be clear and unrestricted, including any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board orders that a certified copy of this resolution be forwarded to the Resident Engineer for the II Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Kohinke Seconded By: None Reauired Yeas: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix Nays: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Eddy: (1) He attended the Roanoke city ceremony for the water treatment plant. (2) He attended the Camp Roanoke graduation picnic for Camp DARE. (3) He attended the Volunteer Appreciation Day at Green Hill Park. (4) He commented on the report from the Virginia Department of Transportation about the citizen survey regarding the proposed Route 221 improvement. (5) In reference to having received a letter from Jack Griffith, he asked for the I ~ ~ I I ~ June 27, 1995 475 status of a use agreement between the recreation organizations and the Schools. Mr. Mahoney advised that the background work was being done and that the issue will be addressed in the next few months. (6) He asked about the funding options for the Northside gym, lecture room, and classrooms. Mr. Hodge will bring back that information from the School Board after the bids are received. (7) He asked about the status of George Pierce's complaint about the cost of the sewer line and the possibility of reimbursement as he proposed in his recent memorandum. Mr. Hodge and Gary Robertson detailed for the Board the three alternatives that the staff had proposed. Mr. Robertson recommended reimbursing Mr. pierce $1,000 for his off-site fee connection, and felt that the ordinance did not need to be revised. (8) He advised that he is on the steering committee for the Greenway Plan for Roanoke Valley; that the consultants are being interviewed; and that the first workshop is scheduled for July 24, 1995. Supervisor Nickens: (1) He requested job evaluation forms for the firefighter positions in Roanoke County, Roanoke City and City of Salem. (2) He advised that he had talked with Dr. Gordon about the relocation of the parking lot from William Byrd High School and was told that it would not cost over $120,000. (3) He responded to -Supervisor Eddy's memorandum about the budget process: (a) He agrees that each department should have a mission statement. (b) He asked that the staff determine during the month of July a deadline by which they can be held accountable for having a Vehicle Replacement Policy. (c) He agrees that the specific cost savings or the increased service ~ ,... 476 June 27, 1995 þ delivery information should be given for items in budget. (d) He disagrees that the County Administrator decides the budget and advised that it is approved by the majority of Board vote. (4) In response to an article in the Roanoke Times & -World News that Explore was not -- being funded by Roanoke City because its request was not submitted properly, he described the contents of four documents from Explore to the Roanoke City Council requesting funding. Supervisor Johnson: (1) He requested that the County Attorney advise how much money had been spent to date on the bankruptcy process in Florida in an attempt to recover funds for the cleanup of the Dixie Caverns Landfill. (2) He asked for the status of II County maintenance of the stormwater detention ponds in residential subdivisions. (3) He asked for the status of the welcome signs and foliage as proposed by the Planning Commission beautification project. Mr. Hodge advised that this project was budgeted and that the progress is being determined by the Planning Commission. (4) He asked for status of the internal auditor position. Mr. Hodge advised that this will be brought back to the Board in thirty days. (5) He asked for the status of the Health Department lease. Mr. Hodge and Mr. Chambliss advised that the lease will be brought to the Board on July 25" 1995. (6) He expressed his support for the fire and rescue volunteers and felt that the reporting of his comments in the Roanoke Times & World-News at the recent work session were taken out of context and inappropriate, and he felt that the entire meeting should I have been reported. (7) He advised that he would not support the l ~ I I ~ .Tune 27, 1995 477 request from the Roanoke Regional Chamber of Commerce for opposition to the interbasin transfer of water regarding Lake Gaston proposal. (8) He advised that he will give items to the staff for the agenda for the joint meeting with Roanoke City Council on July 11, 1995. (9) He advised that he wished to comment on the early retirement option for the County Administrator which was added to the agenda. Supervisor Kohinke: (1) He commended Mayor Bowers for his comments supporting Explore funding by Roanoke City Council. (2) He apologized for not attending the Volunteer Day at Green Hill Park. (3) He asked about damages from the recent rains. Mr. Hodge reported that there had been minor damage and that the rains were helping to fill the Spring Hollow Reservoir. (4) He complimented the staff on the budget process and suggested that in the future needs should be determined first and then the tax rates are set. Supervisor Minnix: (1) He announced that he had accepted employment as an air traffic controller at the Lynchburg Tower starting August 1, 1995, and felt that this would not interfere with his participation on the Board. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. ~ General Fund Unappropriated Balance h Capital Fund UnaDPropriated Balance ~ Board continqencv Fund ~ ,... 478 June 27, 1995 þ ~ Accounts Paid - Mav 1995 h statement of the Treasurer's Accountabilitv per Investment and Portfolio policv, as of Mav 31, 1995 ~ Bond Pro;ect status Report IN RE: EXECUTIVE SESSION At 5: 45 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 discuss personnel issues; (5) to discuss location of a perspective business or industry; and (7) to discuss specific legal II matters requiring the provision of legal advice by the County Attorney and briefings by staff members concerning potential litigation, (1) Occidental Development Ltd. vs. Board of Supervisors of Roanoke County and (2) Wayne Engineering corporation. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION A-62795-5 At 7: 00 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by II the following recorded vote: ~ ~ I I "'l1lI1 June 27, 1995 419 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 62795-5 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 meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ~ ,... 480 June 27, 1995 þ ABSENT: None IN RE: PUBLIC HEARINGS ~ Public Hearinq and Adoption of Resolution for allocation of funds for the Virqinia Department of Transportation Secondarv Road Svstem Six-Year Construction Plan for Fiscal Year 1995-1996. (Arnold Covev, Director of Enqineerinq & InsDections) R-62795-6 Mr. George Simpson, Assistant Director, advised that the II allocation from VDOT for Roanoke County was increased from $2.2 million to $3.2 million. He summarized the funding and projects for each of the following three categories in the six Year Plan: Countywide items, Incidental Items and Numbered Projects. Mr. Jeff Echols, Resident Engineer, advised that the funding formula remained the same, and that the $1 million was due to increased revenues and there being no decrease in federal funds. In response to a question, he advised that it was now VDOT's policy to review six year plans annually instead of every two years. There were no citizens requesting to speak on this matter. Supervisor Kohinke moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix I NAYS: None l ~ I I ~ June 27, 1995 4S1 RESOLUTION 62795-6 APPROVAL AND ADOPTION OF THE ALLOCATION OF FUNDING FOR THE SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 1995-1996 WHEREAS, a pUblic hearing was held on June 27, 1995, to receive comments on the allocation of funding for the Secondary Road System Six-Year Construction Plan for Fiscal Year 1995-1996; and WHEREAS, the Board of Supervisors does hereby approve the allocation of funds for the Secondary Road System six Year Construction Plan for Roanoke County for Fiscal Year 1995-1996 as shown on the attached construction budget. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office by the Clerk to the Board. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES ~ Ordinance vacating an unimproved dedicated right-of-way referred to as Ocala Drive, recorded in Plat Book 4, Paqe 63, Sun Vallev Subdivision, Hollins Maqisterial District, upon the Petition of Glenn J. and Marv Ann Hammerand and Robert A. and Frances E. Vessev. (Arnold ~ ,... 482 June 27, 1995 þ Covev, Director of Enqineerinq & Inspections) 0-62795-7 Mr. Mahoney advised that there had been no changes to the ordinance since the first reading. There was no discussion and no citizens requested to speak on this issue. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 62795-7 VACATING AND CLOSING AN UNIMPROVED PORTION OF RIGHT-OF-WAY KNOWN AS OCALA DRIVE IN THE SON VALLEY SUBDIVISION II WHEREAS, Glenn J. and Mary Ann Hammerand and Robert A. and Frances E. Vessey, the petitioners, are the owners of two parcels of land, more particularly described as Lot 13, Block 8, section 2 and Lot 8, Block 2, section 2, of Sun Valley Subdivision, as shown on that certain plat of record in the Clerk's Office of the circuit Court of Roanoke County, Virginia, in Plat Book 4, Page 63; and, WHEREAS, the petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close Ocala Drive, which is an unimproved right-of-way, measuring fifty feet (50') in width and approximately one hundred thirty feet (130') in length, lying between the above-referenced lots as shown on said plat: and, as I amended, requires that such action be accomplished by the adoption of WHEREAS, §15.1-482 (b) of the 1950 Code of Virginia, l ~ I I ~ June27~ 1995 48J an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.1-431 of the 1950 Code of Virginia, as amended, and the first reading of this ordinance was held on June 13, 1995; and the public hearing and second reading of this ordinance was held on June 27, 1995. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved portion of right-of-way, situate in the Hollins Magisterial District and known as Ocala Drive, being approximately 50' x 130', as shown on the plat of Sun Valley Subdivision, recorded in Plat Book 4, Page 63, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended, subject to the following conditions: a. That 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; and, b. That a public utility easement, fifteen feet (15') in width, is hereby reserved and retained along the western subdivision boundary in order to connect the existing public utility easements on each side of Ocala Drive. c. That the right to provide maintenance to the existing public utility facilities located within the vacated area is reserved and retained unto C & P Telephone Company of Virginia , its successors or assigns, in accordance with §15.1- 483 of the Code of Virginia, 1950, as amended. d. That the vacated area of land shall be added and combined, by deed or by plat, to the adjoining properties owned by the petitioners and shall be in compliance with the Roanoke County Subdîvision Ordinance, and other applicable laws and ~ ,... 484 June 27, 1995 þ regulations. 2. 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. 3. 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 Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix II NAYS: None h Ordinance to rezone .84 acre from C-l to C-2 to operate a karate and fitness studio, located at 5407 Peters Creek Road, Hollins Maqisterial District, upon the petition of Susan Carol Rolfe and Mark Reinhardt. (Terrv Harrinqton, Director of Planninq & Zoninq) 0-62795-8 Mr. Harrington advised that this is a request to rezone 0.84 acre to operate a karate and fitness studio in the former Division of Motor Vehicles building on Peters Creek Road. The Planning Commission recommended approval of the petition with the proffered I condition that the following uses will not be conducted on the ~ ~ ~ June 27, 1995 'l85 property; general and family restaurants; hospital; auto repair; and funeral home. There was no discussion and no citizens requested to speak on this issue. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None I ORDINANCE 62795-8 TO CHANGE THE ZONING CLASSIFICATION OF A .84 ACRE TRACT OF REAL ESTATE LOCATED AT 5407 PETERS CREEK ROAD (TAX MAP NO. 26.20-5-7) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF c-l TO THE ZONING CLASSIFICATION OF c-2 WITH CONDITIONS UPON THE APPLICATION OF SUSAN CAROL ROLFE AND MARK REINHARDT WHEREAS, the first reading of this ordinance was held on May 23, 1995, and the second reading and public hearing were held June 27, 1995; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 6, 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 II real estate containing .84 acre, as described herein, and located at 5407 Peters Creek Road, (Tax Map Number 26.20-5-7) in the Hollins ~ ,... 486 June 27, 1995 þ Magisterial District, is hereby changed from the zoning classification of C-l, Office District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Susan Carol Rolfe and Mark Reinhardt. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: The following uses will not be conducted on the property: General and family restaurants; hospital; auto repair; funeral home. 4. That said real estate is more fully described as II follows: BEGINNING at an old iron pin at the intersection of _ the south side of Peters Creek Road with the east side of Woodhaven Road, said point being corner to the property of Montague-Betts Company, Inc.; thence leaving said point of beginning and following the southerly side of Peters Creek Road and property herein described, N. 39 deg. 57' 00" E. 114.53 feet to point number lA; thence with a new line through the property of Montague-Betts Company, Inc., S. 56 deg. 44' 17/1 E. 160.2i feet to point 4A on the line of the Mark Steven Reinhardt property; thence with the Reinhardt property and the property herein described, S. 33 deg. 47' 26" W. 29.68 feet to point number 5; thence continuing between the Reinhardt property and the property herein described, S. 15 deg. 00' 00" W. 113.00 feet to point number 6 on the line of property of The Branch Group, Inc.; then with The Branch Group, Inc. and the property herein described, S. 61 deg. 56' ,00" W. 135.00 feet to a point on the east of Woodhaven Road; thence with Woodhaven Road and the property herein described, N. 17 deg. 01' 00" W. 81. 51 feet to point number 8; thence continuing with Woodhaven Road and the property herein described, ~. 09 deg. 30' 00" W. 84.96 feet to point number 9: thence continuing with I Woodhaven Road, N. 07 deg. 34' 00" W. 35.98 feet to the Point of Beginning, and being designated Parcel Band containing .84 acre and being shown on proposed subdivision l ~ I I ~ June 27. 1995 487 for Montague-Betts Company, Inc. prepared by T. P. Parker & Son, Planners, dated October 27, 1994. of a 1.32 acre tract and Engineers, Surveyors and 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to· reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ~ ordinance authorizinq a special Use Permit to operate a used car lot, located on the west side of Williamson Road 400 feet north of its intersection with Plymouth Drive, Hollins Maqisterial District, upon the petition of Shelor, Inc. (Terrv Harrinqton, Director of Planninq & Zoninq) 0-62795-9 Mr. Harrington advised that this is a request for a special use permit to operate a used automobile dealership. The request is generally consistent with the Transition land use designation of the Roanoke County Comprehensive Plan. The Planning Commission recommended approval with the condition that vehicular access for the ~ ,... 488 June 27, 1995 þ proposed use will be from the existing used automobile dealership at 6718 Williamson Road, and that any future uses of the property, not associated with the existing use, will require VDOT approval for an entrance permit. There was-no discussion and no citizens requested to speak on this issue. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy ORDINANCE 62795-9 GRANTING A SPECIAL USE PERMIT TO SHELOR INC. TO OPERATE A USED CAR LOT LOCATED ON THE WEST SIDE OF WILLIAMSON ROAD 400 FEET NORTH OF ITS INTERSECTION WITH PLYMOUTH DRIVE (TAX PARCEL 27.18-1-5.2), HOLLINS MAGISTERIAL DISTRICT II WHEREAS, Shelor Inc. has filed a petition to allow the ,operation of a used car lot located on the west side of Williamson Road 400 feet north of its intersection with PlYmouth Drive in the Hollins Magisterial District; and WHEREAS, the Planning commission held a public hearing on this matter on June 6, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 23, 1995; the second reading and public hearing on this matter was held on June 27, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of II ~ ª' I I ~ June 27, 1995 4S9 Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the operation of a used car lot located on the west side of Williamson Road 400 feet north of its intersection with Plymouth Drive in the Hollins Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended, and hereby grants a Special Use Permit to Shelor Inc. to allow said use with the following condition: (1) Vehicular access for the proposed use will be from the existing used automobile dealership at 6718 Williamson Road. Any future uses of the property, not associated with the existing use, will require VDOT approval for an entrance permit. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy h Ordinance amendinq and reenactinq Ordinance 82592-12, Roanoke Countv Zoninq Ordinance, to allow manufactured homes in the County'S aqricultural zoninq districts pursuant to Section 15.1-486.4, as amended in the 1995 Leqislative Session, upon the petition of the Roanoke Countv Planninq Commission. (Terrv Harrinqton, ...4 J""" 490 June 27, 1995 þ Director of Planninq & Zoninq) 0-62795-10 Mr. Harrington advised that effective July 1, 1995, the Code of Virginia was amended to mandate that manufactured homes, regardless of width, be allowed in all agricultural districts or districts where the dominant use is agricultural or forestry. He described the major features of the revisions to the zoning ordinance developed by the staff and Planning Commission to comply with this amendment. The Planning commission recommended approval of these amendments effective July 1, 1995, to conform to the state mandate. There was no discussion and no èi tizens requested to speak II on the issue. supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 62795-10 AMENDING AND REENACTING ORDINANCE 82592- 12, THE ZONING ORDINANCE FOR ROANOKE COUNTY, BY THE ADOPTION OF CERTAIN AMENDMENTS TO SAID ORDINANCE RELATING TO MANUFACTURED HOMES WHEREAS, Roanoke County adopted zoning provisions in 1986 which permitted manufactured homes throughout the County on individual lots under certain specific design requirements and established provisions for accessory manufactured homes, emergency WHEREAS, these provisions were proclaimed to be manufactured "innovative" I homes and manufactured home parks and subdivisions; and l ~ I ~ Junë 27, 1995 491 by the Virginia Manufactured Housing Association and cited as a model ordinance to be considered by other jurisdictions; and WHEREAS, the legislature amended section 15.1-486.3 of the Code of Virginia in 1990 to mandate that manufactured homes of 19 feet wide be allowed in all agricultural districts or districts where the dominant use is agricultural or forestry, and further amended this section in 1995 by deleting the reference to 19 feet in width; and WHEREAS, the Planning Commission, at their work sessions on April 18, 1995 and May 16, 1995, discussed various options for amending the County Zoning Ordinance to implement the changes mandated by the amendments to the Code of Virginia; and WHEREAS, the Planning commission has determined that the AG- 3 and AG-l zoning districts consist of the only districts where the dominant use is agriculture or forestry; and WHEREAS, the Commission has further determined that the AR district is primarily a rural residential district based on the districts intent, character, location and distribution of lot sizes: and WHEREAS, the Commission has also determined that the character of planned residential subdivisions are such that they do not constitute areas where the dominant use is agriculture and forestry; and WHEREAS, after a public hearing on June 6, 1995, the I Planning C011U1lission reco11U1lended that the Proposed Amendments to the Roanoke County Zoning Ordinance for Manufactured Homes be adopted in ~ ,... 492 June 27, 1995 þ order to comply with the above mentioned amendments to the Code of Virginia; and WHEREAS, on August 25, 1992, the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance 82592-12 which enacted a new zoning ordinance for Roanoke County; and WHEREAS, since the adoption of the new zoning ordinance the need for the adoption of several amendments have been identified; and WHEREAS, in the interest of public necessity, convenience, general welfare, and good zoning practice, the Board of Supervisors hereby amends certain provisions of the Zoning Ordinance for Roanoke County; and WHEREAS, legal notice and advertisement has been provided as II reading of this ordinance was held required by law, and that the first on May 23, 1995, and the second reading and public hearing was held on June 27, 1995. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the Zoning Ordinance for Roanoke County, adopted on August 25, 1992, be, and hereby is amended and reenacted, as follows: PROPOSED AMENDMENTS TO THE ROANOKE COUNTY ZONING ORDINANCE FOR MANUFACTURED HOMES ARTICLE I GENERAL PROVISIONS Sec. 30-23-2 Nonconforming Uses of Buildings, Structures or I land l "'II1II ~ -- June 27, 1995 49J (H) Notwithst,anding (A) through (G) above, a nonconforming Cku:::s: B or CI3co C manufactured home existing on an individual lot of record that has served as an active dwelling for at least six months may be replaced with 3 CI3CC ^ or CI3SS ß ¡õ,ê!Ô:§t::::manufactured home provided: 1 . The replacement home is installed on the lot within four months of the removal of the home to be replaced, and; 2. The replacement home is installed in approximately the same location on the lot, and is installed to comply with the setback regulations for principal structures, and; 3. The installation of the replacement home complies with the Use and Design standards for manufactured homes contained in Section 30-82-9 (L) b., 3nd o.8.:.t.!ª-1:. ARTICLE II DEFINITIONS AND USE TYPES II SEC.30-28 DEFINITIONS MANUFACTURED HOME - A structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. A manufactured home shall contain onS dwelling unit. Some manufactured homes are also referred to as mobile homes. m~¡i~t§iií~~~i:~~~ly!§tlq~~~~;t~~~e~ o~ ~~~:~p;e~t;,i:!~!~,r~:Pf!:!~~ piànnéd..·ànd···"devéi6ïJéd·..as....an· integral residential neighborhood unit. The subdivision shall consist of five or more lots of five acres or less, each lot designed and intended for the placement of a residential dwelling. SEC. 30-29 USE TYPES; GENERALLY Sec. 30-29-2 Residential Use Types I MANUFACTURED HOME, ACCESSORY - A CbE:E: B manufactured home that ~ ,... 494 June 27, 1995 þ is subordinate to a single family dwelling or a Cl3cc /\ Manubcturod Homo on a single lot and meets the additional criteria contained'in Section 30-82-é'§. MANUFACTURED HOME, CLASS A 1\ multi sectional manufacturod home com:tructod aftor July 1, 1976, th3t moots or oxcoods tho M::mubcturod Homo Construction and Safoty Standards,' promulg3tod by tho U.S. Dopartmont of Housing and Urban Dovolopmont and that caticfioG oach of tho additional design criteria in Section 30 82 6. MANUFACTURED HOME, CLASS B ^ traditional Ginglo or multi Emotional manufaotured homo constructod aftor July 1, 1076, that moots or oxcoodG tho Manufactured Homo Construction ::md Safety Standards, promulgated by the U.S. Dopartmont of Houcing ::md Urban Dovolopmont but that othorwiso doos not moot all of tho critoria of a ClaGG ,fl., dOGign rostrictod manufacturod homo. MANUFACTURED HOME, CLASS C ^ manufacturod home constructed boforo July 1, 1976, and com:oquontly do os not moot tho critoria of a Class .^. or ClasG B manufactured homo. MANUFACTURED HOME, EMERGENCY - A Cia"" B manufactured home II used temporarily for the period of reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or other act of nature, or used temporarily as housing relief to victims of a federally declared disaster in accordance with Section 30-82-8. MANUFACTURED HOME SUBDIVISION - A five acre or larger community of manufactured home dwellings with lots that are subdivided for individual ownership. MANUFACTURED HOME PARK - A five acre or larger tract of land intended to accommodate a manufactured home community of multiple spaces for lease or condominium ownership. A manufactured home park is also referred to as a mobile home park. n ARTICLE III - DISTRICT REGULATIONS SEC. 30-32 AG-3 AGRICULTURAl/RURAL PRESERVE DISTRICT Sec. 30-32-2 Permitted Uses 2. Residential Uses I (A) l ~ I I "'II1II June 27, 1995 495 Accessory Apartment * Home Occupation, Type I and Type II * Kennel, Private * Mâ6ótãðture.diAomiÆW\1 .............................................................. ............................................................... 't;ìfarlÙfactÚr'ed''Home-;'''Àccessory * Manuboturod Homo, Cbss /\ * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Detached SEC. 30-33 AG-1 AGRICULTURAL/RURAL LOW DENSITY DISTRICT Sec. 30-33-2 Permitted Uses (A) 2. Residential Uses Accessory Apartment * Home Occupation, Type I and Type II * Kennel, Private * MãñUfâðtótèalAðmèmW~ ............................................................... 't;Jà:ñ'ûfàctû/êa:':'A:ë:m:e'::':''Accessory * Manuboturod Homo, Class 1\ * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Detached SEC. 30-34 AR AGRICULTURAL/RESIDENTIAL DISTRICT Sec. 30-34-1 Purpose (A) These areas are generally characterized by very low density residential and institutional uses mixed with §!m!ªIJ@:(i:j:jpª(%@!ê:j::JDiî::::jºª¥§:::JJ!§!gr!§iU¥!:!::çRrnf:ª,!ñmê!:!:!~ agricultural uses, forest land'and"open"-Š-pàce"'outsrdé'the"'Ùrbàn' Š-ëiVlce area. These areas provide an opportunity for rural living in convenient proximity to urban seNices and employment. Agricultural uses should be encouraged to be maintained 'Nhile non farm residents should recognize that they are located in an ::lgrioultur::ll onvironmont v:horo tho right to farm h::ls boon ostablishod ::lS County policy. Over time, however, these areas are expected to become increasingly residential in character, with residential development becoming the dominant use over agricultural and more rural type uses. The purpose of this district, consistent with the Rural Village land use category j ,... ~ (A) June 27, 1995 þ in the Comprehensive Plan, is to maintain these areas essentially in their rural state, consistent with the level of services anticipated by the County. These areas are generally suitable for low density residential development and other compatible land uses. Sec. 30-34-2 Permitted Uses 1. Aqricultural and Forestry Uses Agriculture * F::lrm Employee Housing * Forestry Operations * Stable, Private * Stable, Commercial * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Occupation, Type I * Kennel, Private * ~§ñlª9tºÊ~9::::ªgil:::::1 M3:nub:aLirÓd·HomO";"")\ooessory * M::lnuf::lotured Home, CI::lcS ^ * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Detached II SEC. 30-36 AV VILLAGE CENTER DISTRICT (A) ~ Sec. 30-36-2 Permitted Uses 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Kennels, Private * ~ªJj9m9~YÊgªr:£t.Qm¡:::::~ M3nuf36fur6ëfHonï6;"'Cbcs .'\ * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Attached * I ~ I I ,~ June 27, 1995 497 Single Family Dwelling, Detached Two Family Dwelling * SEC.30-41 R-1 LOW DENSITY RESIDENTIAL DISTRICT Sec. 30-41-2 Permitted Uses (A) 1 . Residential Uses Home Occupation, Type I * Iªñiªmqfgg:::::mgm~@::! MàiïÚfaaLÙ~àd·H6me·;,·tI38E: 1\ * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Detached (For Zero Lot Line Option - *) Single Family Dwelling, Attached * SEC. 30-42 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 30-42-2 Permitted Uses (A) 1. Residential Uses Accessory Apartment * Home Occupation, Type I * Kennel, Private * mªQq!ª9!9.f~qi:::mªrn'~:::::~ MciiïubòtLireëfHë)'m(J;"'Class ^ * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Attached * Single Family Dwelling, Detached (For Zero Lot Line Option - *) Two Family Dwelling * SEC. 30-45 R-3 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 30-45-2 Permitted Uses (A) 1. Residential Uses Acèessory Apartment * Home Occupation, Type I * ...4 ,... 498 June 27, 1995 þ N/ª=ôiii§rgg::J,9i@:::::! MànubdÜrcdH6rii6,Cbss .'\ * Manufactured Home, Emergency * Multi-family Dwelling * Residential Human Care Facility Single Family Dwelling, Attached * Single Family Dwelling, Detached (For Zero Lot Line Option - *) Townhouse * Two Family Dwelling * SEC. 30-46 R-4 HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 30-46-2 Permitted Uses (A) 1. Residential Uses Accessory Apartment * Home Occupation, Type I * N/ª=ôRtªi§r~g::::m9i@:::::! MànuT3dÜredH6ms,uClass A * Manufactured Home, Emergency * Multi-family Dwelling * Residential Human Care Facility Single Family Dwelling, Attached * Single Family Dwelling, Detached (For Zero Lot Line Option - *) Townhouse * Two Family Dwelling * I ARTICLE IV USE AND DESIGN STANDARDS SEC. 30-81 AGRICULTURAL AND FORESTRY USES Sec. 30-81-3 Farm Employee Housing (A) General standards: 1. ^ Dingle bmily dwelling, Cbss .'\ M::mufactured Home or ~ðlj:Accessory Manufactured Home, shall be permitted as an accessory':':':':Ùse to an agricultural use exclusively for a farm employee, and his/her family ¡õ. ~~e~~o~tai~: ~~:~Ge~~i~~~':~~d~ II ~ ~ I I "'II1II .Tune 27, 1995 ~ SEC. 30-82 RESIDENTIAL USES ~ ,... 500 -- June 27, 1995 þ Seo. 30 82 6 (/\) (B) ~ -I~lil.~J'·_ ~I..illl/llltlJli.__ ~L·l.,.a._ Manufaotured Home, Class A Intont Manufactured homes provide ::1 viablo and 3ffordable housing option for 3 segment of the County's popul3tion. Thie houeing option is provided under cert3in design oriteri3 in large portione of the County where they will not oonfliot with d""olopmontG planned lor Gite built dwollings. I Gener31 st3nd3rds: 1. The 10o::1tion of. 3 CI3SS ,^. m3nuf3otured home in 3 pl::mned residenti31 subdivision, 3S defined in Article II of this ordinance, shall be prohibitod. 2. Tho m::mubcturod homo eh311 h3VO tho to'.4,' 3E:E:smbly 3nd whoelE: removed 3nd be mounted on 3nd 3nohored to 3 porm3nont found::1tion in 3ccordance with tho provisions of the Virginia Uniform Statewido Building Code. 3. 4. The m3nuf3ctured home E:h311 h3VO 3 minimum width of 19 foot. Tho manufactured home shall bo oovered with a non reflective matori31 oustom3rily usod on 3 sito built dwelling, such 3S bl;.Jt not limited to 13p siding, plÿ'\vood, briok, stone, or stucoo. 5. The manufactured home shall h3ve a 2.511 in 12" minimum pitch roof. The roof shall be covered with non reflective mo.teri3ls, euch 3S but not limited to, fibergl3ss shinglee, 3eph31t ehingleD, or 'Nood eh31'CeD. 6. The manufactured home site shall h::1\'o 3 stor3go area enclosed on 311 I sidee, h3ving 3t le3st 300 oubio feet 3nd deeigned to store Y3rd equipment 3ndsupplies; tho stor3ge 3m3 m3Y be 3tt30hod or det30hed ~ ~ June 27, 1995 501 from tho prinoip31 E:truoturo. 7. Tho m3nuf30turod homo E:h311 bo docl3rod 3 perm3nontly 3ffixod dwolling and taxed 3S real ostate. Sec. 30-82-é§ Manufactured Homes, Accessory (A) Intent - These regulations are adopted in recognition that certain families would benefit from living arrangements that allowed family members to reside in close proximity to each other but in separate dwelling units on the same lot. Also recognized in these provisions is the need for affordable housing alternatives for farm employees on bona-fide farm operations. (8) General standards: I 1 . The accessory manufactured home shall be located on the same lot as a principal dwelling. This principal dwelling must be a single family dwelling or Class A m3nuf3cturod homo. gi¡:¡:¡:¡:¡:::¡:::::::::',Ij~M:iš$~§§r¥¡:¡,I~ilirª.tig:::Ð§i~::¡iÐª!!:::tI::::!§§§:c!ñiñ:¡:::1::~:::~~mt:mm:¡~!9tQ~ 2'$. The accessory manufactured home shall only be occupied by: a. A person or persons immediatelv related to the person or family in the principal dwelling. For the purposes of this Section, immediatelv related shall be any person or persons who are natural or legally defined offspring, parent, or grandparent of the owner of the principal dwelling; OR, b. A farm employee and his/her family in accordance with the provisions for farm employee housing contained olsoV'.'horo in tffis Article êB!§p¡:¡:êQtiJ¡tB' ~. No accessory manufactured home shall be allowed within any Planned Residential Subdivision, as defined in Article II of this Ordinance. 49, The accessory manufactured home and the principal dwelling shall be located on the same lot of record. The lot of record must m~ªtI¡:tñø !~!~14'8:~!!=¡:¡:¡!!g,~:¡:¡!9r::¡:i~:¡:¡:ê!§~â2œ:::¡:!g:¡:¡:IQ!RQ:,¡:!t¡:¡:¡~§::¡:¡!§Sigª*h~o :in âro~i""ê)"f""3t I §ê. The accessory manufactured home must be located behind the building ~ ,... 502 June 27, 1995 þ line of the principal dwelling and shall meet the minimum side and rear yard setback requirements for principal structures in the district in which it is located. St· The accessory manufactured home shall be anchored;: aRå stabilized;: ª-Ôø:::::¡$[KIŒ.¢Q in accordance -with the provisions of the Virginia Uniforrrt Statewide·····Suilding Code. Once inct3.lIed, it muct be oompletely ckirted with a non reflective material. (C) Special Application Procedures: 1. Persons interested in obtaining a permit to install an accessory manufactured home shall make application to the Administrator, who shall have the authority to review and decide upon all applications. 2. In considering any application for an accessory manufactured home the Administrator shall visit the proposed site to view the proposed location and the character of the surrounding area. In making a determination to issue or deny any application the Administrator shall consider all of the I following factors: a. The purposes of the zoning ordinance outlined in Section 30-3. b. The effect of the proposed accessory manufactured home on the conservation of surrounding properties and their values, and its effect on the existing use and character of the property. c. The general land use compatibility of the accessory manufactured home in relation to surrounding properties. 3. If the Administrator determines that the proposal does not conform to any of the location, use or design standards contained in the above, the Administrator shall deny the application and notify the applicant in writing. Any such denial may be appealed to the Board of Zoning Appeals. 4. If the Administrator determines that the proposal conforms to the provisions of this Section, the Administrator shall mail a first class letter to all adjacent property owners notifying each owner of the County's intent to issue a permit for the accessory manufactured home. All parties shall I be given 15 days from the date of the notice to formally object in writing to the issuance of the permit. If an objection is filed, it shall be ~ ~ ~ June 27, 1995 503 considered an appeal of the decision of the Administrator, and shall be considered by the Board of Zoning Appeals. The person filing the appeal shall be responsible for all required application and legal ad costs. 5. If no interested party objects within fifteen days of the date of the notice to the adjacent property owners, the administrator may approve the accessory manufactured home permit. Seo. ao 82 7 Manufaotured Home, Class C (1\) Intent The County recognizos that the Manufactured Homo Construction and S3fety St::md3rds, est3blished by tho U.S. Dep3rtment of Housing 3nd Urb3n Development 3re qU31ity st3nd3rds th3t 3ssuro 3 s3fo 3nd dooont unit for living purposos. Prior to July 1, 1976 no oquiv31ont ct3nd3rds oxistod 3nd thoroforo pose a potential risk to human life. , (B) Goner31 st3nd3rdc: I 1. No no'A' Class C manufactured homos chall bo orected, installed, oooupied or sold in R03noko County. 2. CI::H::S C m3nuf3cturod homes exicting in tho County prior to M3roh 25, 1986, shall be 3l1m"led to bo reloc3tod and/or remain in a mobile home ~ 3. ^II Cbss C m3nuf3oturod homos loc3tod outsido 3 mobilo homo p3rk shall be allowed to romain subjoct to the provisionE: for non conforming ucoo oont3ined in Artiole I of this ordin3noe. Sec. 30-82-8 Manufactured Home, Emergency (B) General standards: ª1,:::::::::::::::I::::::::m§j:,;SB~§§81::::IIJH~içl[~ëj:::m81~:::~f1~!l:::æ:::~~§!::::fº;g::::j::ª:::I~!:::!f=MiÌ:II~ I ~. The emergency manufactured home shall meet all setback and yard requirements for the district in which it is located. It shall be anchored and stabilized in accordance with the provisions of the Virginia Uniform Statewide Building Code. 41· The emergency manufactured home must be removed as soon as ~ ,... 504 June 27, 1995 þ reconstruction or replacement of the uninhabitable dwelling is complete, or within a 12 month period of its placement on the site, whichever is sooner. A one time extension of up to 6 additional months may be granted by the Administrator if substantial reconstruction of the destroyed dwelling has occurred, and work has, and is continuing to progress. A final certificate of zoning compliance for the reconstructed dwelling shall not be issued until the emergency manufactured home is removed from the site. Sec. 30-82-9 Manufactured Home Park (A) General standards: (L) iiiiii¡~!_ Cï38£·..·B..·..·M~:irïÚb6tLii6d Homos or Class C Manufaotured Homos ooncictont with Soction 20827. In Manufactured home parks established prior to June 1 , 1986, existing II manufactured homes may be replaced with a Cbcc B Manufac:tured Home,.ef a Class C Manufactured Homo consistent with Section 30-82-7g::!:(J.?)::::~~ provided all of the following standards are met....·····..······...· 4. a. The manufactured home meets the side and rear yard setback for accessory structures, as specified in the underlying zoning district, from the property line of the park; b. The manufactured home is anchored ªl1g!!:!$.;Ki'rî9g::::in accordance with the provisions of the Virginia Statewide UnIf6riïï"'BÚlïding Code; and, c. Tho manufactured home is skirtod 'Nith a durable m3terial prior to ocoupancy. Sec. 30-82-10 Manufactured Housing Subdivision (A) General standards: 2. Use limitations: Areas designated on the approved preliminary plan as a manufactured housing subdivision shall be limited to class A or B I manufactured home~ dwollings. and single family dwellings. Where a combination of manufactured homes and single family dwellings are ..... ~ I I "'II1II June 27, 1995 505 proposed, at least sixty percent (60%) of the lots shall be reserved exclusively for cl:J.cc II, or B manufactured homes. 4. Plat designation: Plats recorded for a manufactured housing subdivision shall contain the following statement, l'This is a manufactured housing subdivision" and shall indicate which lots are reserved exclusively for 013(;8 .ft¡, or B manufactured homes. SEC. 30-83 CIVIC USES Sec. 30-83-0.5 Camps (B)~ªpæ18D~!,:~~ªDmgrg~ in the AG-3 and AG-1 Districts: 4. One year~round residence, including a CI3E:E: .^, Manufactured Home, may be constructed as a caretakers home in addition to other facilities on the property. Sec. 30-85-9 Campground (A) General standards: 6. One CI:J.ÐE: /\ or CI:J.oE: B manufactured home, established pursuant to this ordinance, may be located in a campground as a caretaker's residence. SEC. 30-91 OFF STREET PARKING, STACKING AND LOADING Sec. 30-91-9 USE TYPE Minimum Parking Required PARKING REQUIRED (B) Residential Use Types Manufactured Home, CI::iE:E: ^ Manufactured Home, Accessory 2 spaces per dwelling unit 1 additional space All Sections of the Zoning Ordinance not specifically identified above shall remain unchanged by these proposed amendments. This ordinance shall become effective on July 1, 1995. On motion of Supervisor Nickens to adopt the ordinance, and ~ ,... 506 June 27, 1995 þ carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance to rezone approximatelv 68.4 acres from AG-3 to AR to construct sinqle famil v detached dwellinqs, located bevond the terminus of TOddsburv Drive to the east, vinton Maqisterial District, UDon the petition of Akfer corDoration. (Terry Harrinqton, Director of Planning & Zoninq) 0-62795-11 Mr. Harrington advised that this is a request to rezone 68.4 II acres from AG-3, agricultural/rural preserve district, to AR, agricultural/residential district, to construct single family dwellings in section 8 of Falling Creek Subdivision. He advised that the Planning commission recommended denial of the request on May 2, 1995, because of concerns about density, ridge top protection, additional traffic on Toddsbury and conformance with the Comprehensive Plan. Since that time, Mr. Ferguson, representing Akfer corporation, has met with the County staff, VDOT and Mr. Gross, the owner of the land. Mr. Ferguson and Mr. Gross have proffered four conditions which address many of the concerns of the Planning Commission. Mr. Harrington advised that the first proffer is to upgrade the existing Toddsbury Drive from its current beginning at Falling Creek Drive up to the terminus at the cUl-de-sac, and that this I l ,~ ~ June 27, 1995 507 upgrading will eliminate VDOT's concerns that Toddsbury Drive will be unable to handle the additional traffic generated. The second condition pertains to the issue of visibility of the subdivision and viewshed protection issues, and pro.ffers that no structure proposed for construction within the 68 acres should have a base floor elevation of greater than 1820 feet. The third proffer states that all lots shall be served by pUblic water, and that the top of any water tank constructed will not extend above the top of the ridgeline, and the fourth condition is that there will be no more than 47 residential lots plated on the 68.4 acres. After discussion, Supervisor Nickens moved to adopt the II ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix NAYS: Supervisor Eddy ABSTAIN: Supervisor Nickens Supervisor Nickens advised that he abstained because his residence is on Toddsbury Drive and he would benefit from the paving of that street. ORDINANCE 62795-11 TO CHANGE THE ZONING CLASSIFICATION OF A 68.4 ACRE TRACT OF REAL ESTATE LOCATED BEYOND THE TERMINUS OF TODDSBURY DRIVE TO THE EAST (TAX MAP NOS. 51.03-1-1 AND 51.03-1-2) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG-3 TO THE ZONING CLASSIFICATION OF AR WITH CONDITIONS UPON THE APPLICATION OF AKFER CORPORATION I WHEREAS, the first reading of this ordinance was held on April 25, 1995, and the second reading and public hearing were held May 23, 1995, and continued to June 27, 1995; and, ~ J""" 508 June 27, 1995 þ WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 2, 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 68.4 acres, as described herein, and located beyond the terminus of Toddsbury Drive to the east, (Tax Map Numbers 51.03-1-1 and 51.03-1-2) in the Vinton Magisterial District, is hereby changed from the zoning classification of AG-3, Agricultural/Rural Preserve District, to the zoning classification of AR, I Agricultural/Residential District. 2. That this action is taken upon the application of Akfer corporation. 3. That said real estate is more fully described as follows: Tax Map No. 51.03-1-1 - BEGINNING at a post on the Lawhorn line; thence S. 51 deg. 15' W. 163.5 feet to an iron pipe near a large rock on the side of a gully; thence S. 3 deg. E. 743 feet to a white oak on a ridge; thence S. 32 deg. E. 550 feet passing an iron pin in the bottom of a hollow to a poplar near a rock; thence S. 65 deg. E. 223 feet to an iron pin in the center of the Vinton-Roanoke Water Company road passing a red oak near the edge of road; thence with the center of said road N. 57 deg. E. 60 feet; thence N. 39 deg. 39' E. 177.8 feet; thence N. 49 deg. 30' E. 167 feet to the Baker line; thence with said Baker line N. 4 deg. 45' W. 780 feet, more or less, to a post corner to Lawhorn land; thence with said Lawhorn line, N. 57 deg. 51' W. 247.2 feet to al stone; thence N.53 deg. 6' W. 180 feet to a white oak; thence N. 47 deg. 8' W 197 feet to a post at the place of beginning, and containing 19.407 acres, more or less, l ,~ ~ June 27, 1995 500 according to a survey made by C. M. Stancliff, certified Surveyor. Tax Map No. 51.03-1-2 - BEGINNING at a double chestnut oak on side of mountain and off from same a new line S. 47 deg. 30' E. 53.08 poles to a white oak; thence N. 53 deg. 30' E. 11.52 poles to a stone; thence S. 58 deg. 15' E. 16.80 poles to a point ~ear a small branch (the remainder of the description being copied from the original description in the deed from James Gardner to Jno. R. Hannabas ,-wi th the courses as follows:) thence N. 88 deg. -- 29.52 poles to a point; S. 54 deg. 30' E. 18 poles to the road; thence with the road N. 89 deg. E. 9 1/16 poles to a point; N. 59 deg. 15' E. 19 poles to the middle of the road; thence leaving the road N. 13 deg. 15' W. 32 poles to a hickory; N. 82 deg. 45' E. 60 poles; N. 30 deg. 15' W. 11.64 poles; S. 58 deg. 45' W. 75 poles to the beginning, at a double chestnut oak. The above description of land contains 49 acres, more or less, but the land is sole in gross and not by the acre. 4. That the owner has voluntarily proffered, in writing, II the following conditions which the Board of Supervisors accepts: (1) The developer of this property shall, at their sole expense, provide an additional asphalt surface overlayed along the entire length of the existing Toddsbury Drive. This new asphalt surface shall have a thickness of one and one half inches (1. 5") on those portions of Toddsbury Drive between the intersection of Falling Creek Drive and Burnt Quarter Drive (lower intersection) . The remaining portions of Toddsbury Drive from Burnt Quarter Drive (lower intersection) to its present cul-de-sac terminus shall be overlayed with an additional two inches (2") of asphalt surface. These improvements to Toddsbury shall be completed prior to Roanoke County and the Virginia Department of Transportation, accepting for maintenance, any new streets in Falling Creek Section 8. I (2) No structure proposed for construction within the 68.4 acres shall have a base floor elevation of greater than 1820 feet above sea level. All future subdivision plats for this 68.4 acres shall contain covenant restrictions limiting the base floor elevations to 1820 feet or less. All applicants for building permits for new structures shall provide an engineering certification that the structure proposed has a base floor elevation of 1820 feet or less. ~ ".. 510 June 27, 1995 þ (3) All lots shall be served by public water. Any water tank constructed shall be located such that the top of the tank shall not extend above the ridgeline of the property. Any water tank constructed shall be painted in a dark or muted color. (4) No more than 47 residential lots shall be platted on the 68.4 acres. 4. That:., this ordinance shall be· in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion ,of Supervisor Nickens to adopt the ordinance with I conditions, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix NAYS: Supervisor Eddy ABSTAIN: Supervisor Nickens h' :< .,~...',. ,~:. ~ ordinance authorizinq denving" a Special Use Permit to ;r r,' &. build a construction storage vard on the southeast corner of Route 220 and VA 674, Cave Sprinq Magisterial District, upon the petition of Jim Walter Homes, Inc. (Terrv Harrinqton, Director of Planninq , zoninq) 0-62795-12 Mr. Harrington advised that Jim Walter Homes, Inc. wishes to I relocate their model homes sales park from Salem to the Clearbrook l ~ I I ~ June 27, 1995 511 section of Roanoke County. The model homes that they construct are permitted in this zoning but a special use permit is required because there will be warehouse storage of construction materials on a portion of the property. Access to the property could be either by Route 220 r or VA 674, a side road which leads to a subdivision and crosses a one- lane bridge. Determination of the access will be made later by the Virginia Department of Transportation, and at the present time, VDOT prefers the access from VA 674 because of the lack of a median cut on Route 220. Mr. Harrington advised that the Planning Commission recommended approval with two recommended conditions: (1) the construction yard shall be located approximately as shown on the concept plan and (2) every effort will be made to construct a right turn lane for northbound traffic. Mr. Harrington recommended that the second condition not be added to the ordinance because it is not enforceable. The fOllowing citizens spoke in opposition to granting of the special use permit due to their concerns about the property being in the flood plain, drainage, weight limit on bridge, increased traffic" and safety: (1) Clarence W. Simmons, 5606 Franklin Road, President, Clearbrook civic League; (2) Robert Young, 5266 Sunset; and '(3) Mike Wray, 5650 Yellow Mountain Road. Greg Hardman, 419 Eldon Avenue, Regional Manager for Jim Walter Homes, explained that Jim Walter Homes is a general contractor and builds homes on the job site. He advised that they believe this ~ ,...- 512 June 27, 1995 þ use is more compatible for the property than other uses which would not require a special use permit. The special use permit is only required because there will be a storage facility for warehousing of materials on the property. There will not be any construction. He stated that if the special use permit is obtained, they will hire engineers to conduct studies to determine if the project is logistically and economically feasible. After discussion, it was the consensus of the Board that this site was not suitable for the relocation of Jim Walter Homes 4 because of the concerns about drainage, traffic, and safety. Mr. Hodge and the County staff was directed to provide assistance to the petitioner in relocating to a more appropriate site in the County. Supervisor Minnix moved to deny the special use permit. The II motion carried by the following recorded vote: AYES: Supervisors Johnson, Eddy, Nickens, Minnix NAYS: supervisor Kohinke ORDINANCE 62795-12 DENYING aRAN~ING A SPECIAL USE PERMIT TO JIM WALTER HOMES, INC. TO BUILD A CONSTRUCTION STORAGE YARD ON THE SOUTHEAST CORNER OF ROUTE 200 AND VA 674, (TAX PARCEL 88.03-1-1.1.), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Jim Walter Homes, Inc. has filed a peti tion to build a construction storage yard on the southeast corner of Route 220 and VA 674 in the Cave Spring Magisterial District; and WHEREAS, the Planning commission held a public hearing on this matter on June 6, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, II l ~ I I "'II1II June 27, 1995 51J Virginia, held a first reading on this matter on May 23, 1995; the second reading and public hearing on this matter was held on June 27, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Minnix to deny the special use permit, and carried by the following recorded vote: AYES: Supervisors Johnson, Eddy, Nickens, Minnix NAYS: Supervisor Kohinke h Resol ution eXDressinq the election bv the Board of Supervisors of Roanoke Countv, Virqinia, to accept/re; ect the option for an unreduced retirement benefit for the Countv Administrator if involuntarilv separated from county services. (Paul Mahonev, county Attornev) Chairman Minnix advised that this item was added to the agenda at the beginning of the meeting. Supervisor Johnson moved that the County take no action regarding the State legislation, and in taking no action, allow the State Code to take affect which provides that if a County Administrator is involuntarily terminated after age 55 and twenty years of creditable service, he would be eligible to receive full Virginia Retirement System benefits. Supervisor Eddy advised that he was not in favor of the ~ ,... 514 June 27, 1995 þ motion because this is another unfunded state mandate; it would bind future Boards to this action; and would cost an unknown amount of money. After discussion, Supervisor Nickens motion to table the item until some future date. by the following recorded vote: AYES: Supervisors Johnson,' Kohinke, Eddy, Nickens, Minnix NAYS: None supervisor Johnson advised that the motion to table until a future date would move this beyond the June 30, 1995 date for opting out of the State legislation, and in essence, means that no action was taken and the state legislation becomes effective. II made a substitute The motion carried -ª...!.. Resolution establishinq Administrator and Countv Countv Attornev) salaries Attornev. for the (Paul County Mahonev, R-62795-13 Mr. Mahoney requested approval of this resolution which reflects the actions taken by the Board at the June 13, 1995 meeting. Supervisor Nickens moved to approve the resolution with 4.8% salary increases from midpoint for the County Administrator and the County Attorney, and an additional $3,000 salary increase for a deferred compensation plan for the County Attorney. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix II l ~ ~ -- June 27, 1995 515 NAYS: Supervisor Eddy RESOLUTION 62795-13 ESTABLISHING SALARIES FOR THE COUNTY ADMINISTRATOR AND THE COUNTY ATTORNEY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby establishes the salaries for the County Administrator and the County Attorney for Fiscal Year 1995-96. BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the annual salary for the County Administrator shall be increased by 4.8% ($4413.76) calculated upon the midpoint for Grade 43 of the County of Roanoke Classification and Pay Plan, July II 1995. The adjusted annual salary for the County Administrator shall be $105,748.86. 2. That the annual salary for the County Attorney shall be increased by 4.8% ($3631.16) calculated upon the midpoint for Grade 39 of the County of Roanoke Classification and Pay Plan, July 1995. In addition the annual salary of the County Attorney is increased by the sum of $3,000.00 for the purpose of an elective deferral under an existing salary reduction agreement pursuant to sections 402 and 457 of the Internal Revenue Code. The adj usted annual salary for the County Attorney shall be $89,627.11. 3. That the effective date for the establishment of these salaries shall be July 1, 1995. II On motion of Supervisor Nickens to adopt the resolution with 4.8% increase from midpoint for County Administrator and County ~ ,... 516 June 27, 1995 þ Attorney and with $3,000 additional increase for County Attorney for an annuity, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy IN RE: ADJOURNMENT At 8:45 p.m., Supervisor, Johnson moved to adjourn to July 5, 1995, at 10:00 a.m. for the purpos~ of meeting with Congressman Bob Goodlatte at the Roanoke County Administration Center. The motion carried by a unanimous voice vote. ~~.~ Brenda J He)! ton Deputy Clerk II Submitted by, Approved by, l. I ~