6/22/1993 - Regular
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June 22, 1993
389
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
June 22, 1993
The Board o.~ 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, 1993.
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IN RE:
CALL TO ORDER
Chairman Minnix' called the meeting to order at 3: 03 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman H. Odell "Fuzzy" Minnix, Vice Chairman
Lee B. Eddy, Supervisors Bob L. Johnson, Edward G.
Kohinke, Sr., Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Director, Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Richard
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Harris, Chaplain, Roanoke County Jail. The Pledge of Allegiance
was recited by all present.
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June 22, 1993
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IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Supervisor Eddy requested that citizens Comments be
heard before the last item of new business: Expansion of
bulk/brush collection.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Proclamation Declarinq the Week of July 11 - 18 as
Commonwealth Games of Virqinia Week.
Chairman Minnix presented the proclamation to Cheryl
Poe, Administrative Assistant for Virginia Amateur Sports.
Supervisor Johnson moved to adopt the proclamation.- The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
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h Presentation of Distinquished Service Award from
Roanoke Reqional Chamber of Commerce. Crime
Prevention Committee and Resolution of
Conqratulations.
R-62293-1
Mr. Mark Lee was presented the Distinguished Service
Award by Chief of Police John Cease. He was also presented a
resolution of congratulations from the Board of Supervisors. II
Supervisor Nickens moved to adopt the resolution. The
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June 22, 1993
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motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 62293-1 OF CONGRATULATIONS TO MARK LEE FOR
RECEIVING THE DISTINGUISHED SERVICE AWARD FROM THE
ROANOKE REGIONAL CHAMBER OF COMMERCE
WHEREAS, crime prevention is an important function for
any police department, and depends to a large extent on the
alertness and responsiveness of the citizens of the area; and
WHEREAS,
the Roanoke County Police Department
encourages the residents of the County to assist the Department
in preventing and solving crimes; and
WHEREAS,
Mark Lee, a resident of Roanoke County, was
recently
instrumental in assisting the Police Department in
arresting two suspects; and
WHEREAS,
Mr. Lee, without regard for his personal
safety, rendered valuable aid to one of Roanoke County's law
enforcement officers by detaining one of the suspects; and
WHEREAS,
Mr. Lee was recently honored by the Roanoke
Regional Chamber of Commerce for his actions, and received the
1993 Distinguished Service Award from the Chamber.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia, hereby extends its
congratulations to MARK LEE for the recognition he received from
the Regional Chamber; and
FURTHER, BE IT RESOLVED that the Board also extends its
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June 22, 1993
thanks to Mr. Lee for his willingness to be involved in assisting
the 'Police Department in their duties.
On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
RECOGNITION
Mr. Hodge introduced Mr. Janek Kucharzewski, Mayor of
Opole, Poland, who has been visiting Roanoke County as part of a
program sponsored by the Virginia League of Government Managers
Association (VLGMA).
IN RE:
NEW BU~INESS
~ Request for Appropriation to Fund an Enqineerinq ,
Feasibility studY to Expand the Roanoke
CountY/Salem Jail (Sheriff Gerald Holt)
A-62293-2
Sheriff Holt presented the report requesting that the
Board appropriate $15,000 from the Capital Fund to fund an
engineering study to determine the feasibility of completing the
sixth floor of the jail and provide double bunking of cells. He
advised that the City of Salem would be requested to fund 22.72%
of the cost, and that Salem's Sheriff Obenshain concurs with the
recommendation.
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June 22, 1993
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Following discussion, Supervisor Johnson moved to
approve $15,000 funding. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Johnson, KOhinke, Nickens, Minnix
Supervisor Eddy
h Request for Readoption of Public-Private
Partnership Policy. (TimothY W. Gubala. Economic
Development Director)
Mr. Gubala reported that the staff is requesting that
the policy be expanded to include non-manufacturing companies,
tourism related industries and activities, and employment
training.
Supervisor Ni~kens moved to approve readoption of the
pOlicy. There was no vote.
Following discussion, Supervisor Eddy made a substitute
motion to (1) defer action; (2) that the policy be strengthened
so that staff can approve the majority of requests, and (3) that
the revised policy be brought back to the Board for approval.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
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Request for Public Private Partnership Funds
for Linqerfelt Development Corporation.
A-62293-3.a
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June 22, 1993
This request would fund utility connection fees for an
office building at Valleypointe, and the County would invest up
to $7,772.50 toward the cost of connections. Payback would occur
within the first year after completion of the project.
Supervisor Nickens moved to approve the request. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSTAIN: Supervisor Eddy
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Request for Public Private Partnership Funds
for Hampton Inn.
A-62293-3.b
This request is for connection fees for tt,e expansion
of the Hampton Inn on Thirlane Road and the County would invest
$14,950 for this project. The funds would reimburse the owner
for connection fees that he has already paid. Payback is
estimated within the first year after completion and occupancy.
Supervisor Nickens moved to approve the request. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSTAIN: Supervisor Eddy
~ Approval of Resolution Urqinq the General Assembly
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June 22, 1993
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to Enact stronqer D.U.I. Leqislation.
(Elmer C.
Hodqe. County Administrator)
R-62293-4
George R. Pelton, 5646 Orchard Valley Road, parent of a
young man who was recently killed by a drunk driver, spoke in
support of the resolution.
Supervisor Kohinke moved to adopt the resolution. The
~otion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 62293-4 URGING THE GENERAL ASSEMBLY TO ENACT
STRONGER D.U.I. LEGISLATION
WHEREAS, recent senseless and tragic deaths in the
Roanoke Valley attributed to drivers operating their motor
vehicles while under the influence of alcohol have brought to
focus the need for more effective D.U.I. legislation in the State
of Virginia; and
WHEREAS, these most recent accidents indicate a need
for much stricter penalties for violations involving not only
driving under the influence of alcohol, but also for persons
abusing their limited privilege to drive on a restricted or
suspended license; and
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, that the Board wishes to
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June 22, 1993
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strongly urge the Roanoke Valley's legislators to support
stricter D.U.I. legislation in the upcoming session of the
Virginia General Assembly.
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
h ReC{Uest for Acceptance of a Grant for Community
Crime Prevention Services. (John Cease. Police
Chief)
A-62293-5
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Chief Cease reported that the grant is for $24,801 in
Department of Criminal Justice Services federal funds, and
requires a 25% local match. The local match will be taken out of
existing police department funds. Crime Prevention Officer Tim
Kincaid described the program and introduced Charles Brown, who
works with the Business Watch Program.
Supervisor Nickens moved to accept the grant. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
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Request for Acce~tance of Library Services and
Construction Act (LSCA), Grant from the Virqinia
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state Library , Archives.
County Administrator)
(Don Myers. Assistant
A-62293-6
Mr. Myers advised that the grant is for $32,576 and
will extend and improve services to adults 60 years and older.
The grant will provide library services to area nursing homes,
care centers senior meal sites and retirement centers. The grant
funds will be used to pay for personnel costs and to purchase a
van.
Supervisor Johnson moved to accept the grant and
increase the vehicle fleet. The motion carried by the following
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recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
~ Request for Appropriation for Unavoidable Expenses
in the General Services Department. Solid Waste
Division. (Elmer Hodqe. County Administrator)
A-62293-7
Mr. Hodge advised that as a result of a severe storm on
June 4, 1993, the Solid Waste Division had additional expenses
for cleanup of $52,382. Additionally, there were other
unavoidable expenses of $104,567 for vehicle maintenance, $50,396
in overtime and an increase in the tipping fees of $15,951 for a
total of $223,296.
I Following discussion, Supervisor Johnson asked for a
work session on General Services Department and Solid Waste
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June 22, 1993
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Division that would include month-to-month records of cost
overruns.
Supervisor Nickens moved to approve the appropriation
for storm related expenses only. There was no vote.
Supervisor Kohinke offered a substitute motion to
approve the full appropriation of $223,296. The motion carried
by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Minnix
NAYS: Supervisor Nickens
Supervisor Nickens requested that staff provide a list
of all departments whose expenses exceeded their budget under
"Reports" at the July 13, 1993 Board Meeting.
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IN RE:
OLD BUSINESS
~ Request for Approval of Leqislative Requests for
the Virqinia Association of Counties (Continued
from June 8. 1993) (Paul Mahoney. County
Attorney)
Mr. Mahoney presented the report. Following
discussion, it was the consensus of the Board to defer action on
this it'em. Supervisors Eddy and Nickens will meet with Mr.
Mahoney to define the requests more clearly and bring them back
to the Board for approval.
IN RE: REQUESTS FOR WORK SESSIONS
Supervisor Johnson requested a work session for July
13, 1993 to discuss the General Services Department and asked
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June 22, 1993
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that a history of the one-armed bandit be included.
Supervisor Eddy requested a work session for July 13,
1993 on draft legislation from the Commission on Population
Growth.
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It was the consensus of the Board that these work
sessions be scheduled for the evening session of the July 13,
1993 meeting.
IN RE: REQ~EST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first readings
and set the public hearings for July 27, 1993. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
~ Ordinance Authorizinq a, Special Use' Permit to
Expand an Existinq Church Buildinq. Located at
3917 Old Catawba Road. Catawba Magisterial
District. Upon the Petition of Mason Cove Chapel.
h Ordinance to Rezone 0.410 Acres from R-1 to R-2 to
Construct a Duplex. Located West of 6707/6705 Wood
Haven Road. Hollins Maqisterial District. Upon the
Petition of Martha W. Cox.
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IN RE:
SECOND READING OF ORDINANCES
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June 22, 1993
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Ordinance Authorizinq Donation of 0.16462 Acre of
Land. Toqether with a Permanent Drainaqe Easement
and Temporary Construction Easement to the
Commonwealth of Virqinia for Improvement of Valley
Forqe Avenue and Bunker Hill Drive. (Paul M.
Mahoney. County Attorney)
0-62293-8
There was no discussion.
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 62293-8 AUTHORIZING DONATION OF
0.16462 ACRE OF LAND, TOGETHER WITH A
PERMANENT DRAINAGE EASEMENT AND A TEMPORARY
CONSTRUCTION EASEMENT, TO THE COMMONWEALTH OF
VIRGINIA FOR IMPROVEMENT OF VALLEY FORGE
AVENUE AND BUNKER HILL DRIVE
WHEREAS, the Virginia Department of Transportation
(VDOT) has undertaken a proj ect for the improvement of Valley
Forge Avenue and Bunker Hill Drive; and,
WHEREAS, VDOT requires 0 .16462 acre of land in fee
simple for the right-of-way, 0.03458 acre of land for a permanent
drainage easement, and 0.06074 acre of land for a temporary
construction easement, all as shown on Sheets 1-B, 3, and 4 of
the project plans; and,
WHEREAS, the proposed improv~ments will serve the
interests of the pUblic and will address certain public health
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and safety concerns.
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of section 18.04
of the Roanoke County Charter, the acquisition and disposition of
real estate can be authorized only by ordinance. A first
reading of this ordinance was held on June 8, 1993; and a second
reading was held on June 22, 1993; and,
2. That pursuant to the provisions of section 16.01
of the Charter of Roanoke County, the interests in real estate to
be conveyed are hereby declared to be surplus, and are hereby
made available for other public uses by conveyance to the
Commonwealth of Virginia for improvements to Valley Forge Avenue
and Bunker Hill Drive in the County of Roanoke, Virginia.
3. That donation of 0.16462 acre of land in fee
simple for the right-of-way, 0.03458 acre of land for a permanent
drainage easement, and 0.06074 acre of land for' a temporary
construction easement, all as shown on Sheets 1-B, 3, and 4 of
the proj ect plans, to the Commonweal th of Virginia is hereby
authorized.
4. That the County Administrator is hereby authorized
to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on
form approved by the County Attorney.
5. That this ordinance shall be effective on and from
the date of its adoption.
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June 22, 1993
On motion of Supervisor Nickens to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
APPOINTMENTS
~ Community Corrections Resources Board
Ms. Allen was directed to contact Edmund Kielty to
determine if he would like to be reappointed.
h Social Services Advisory Board.
A-62293-9
Supervisor Eddy moved to approve the establishment of
the Social Services Advisory Beard. He also nominated Betty Jo
Anthony to represent the Windsor Hills Magisterial District and
nominated Dr. Harry Nickens as the Board liaison. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
Supervisor Nickens nominated Robert Lewis to represent
the vinton Magisterial District.
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~ Virginia Western Community Colleqe Board.
Supervisor Minnix advised that he will contact Patrick
Shaffner and advise him that Roanoke County has a resolution I
establishing a residence requirement to serve on any commission,
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June 22, 1993
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committee or board.
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Because of Mr. Shaffner's move to the City
of Salem, Chairman Minnix will request Mr. Shaffner's resignation
from the Virginia Western Community College Board.
IN RE:
CONSENT AGENDA
R-62293-10
Supervisor Nickens moved to adopt the Consent Agenda
with Item 2 removed.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
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Supervisor Nickens moved to approve Item 2 following
discussion. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 62293-10 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM K - 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 22, 1993, designated as Item K - Consent
Agenda be, and hereby is, approved and concurred in as to each
item separately set forth in said section designated Items 1
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through 6, inclusive, as follows:
1. Confirmation of Committee Appointment to the Clean
Valley Council.
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June 22, 1993
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2.
Acknowledge of Acceptance of 0.29 Miles of Rome
Drive, and 0.06 Miles of McIntosh Lane into
Virginia Department of Transportation Secondary
System.
3. Authorization to Pay certain Legal Fees Regarding
Grumman Emergency Products.
4. Resolution of Support for the AMTRAK Route from
New York to Atlanta via Southwest Virginia and
Eastern Tennessee.
5. Request for Acceptance of a Grant for Drug
Enforcement Program.
6. Request for Acceptance of Local Government
Challenge Grant from the Virginia commission for
Arts.
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 I
pursuant to this resolution.
On motion of Supervisor Nickens to adopt the resolution
with Item 2 removed, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
On motion of Supervisor Nickens to approve Item 2, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Kohinke: (1) He advised that in the future
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he would be writing fewer memos and talking more instead. (2) He
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asked about a sign for Dry Hollow Road near the reservoir. Mr.
Hodge advised that a sign needs to be built but it should be
installed some time this week. (3) He asked that staff contact
the railroad about the May Johnson Railroad crossing. Don Myers
was asked to check on this. (4) He announced that he had
received positive feedback from the citizens on the Neighborhood
Watch Program. (5) He expressed concern about the new FEMA
Flood Plain designations and how it affects property values, etc.
Mr. Hodge advised that he had talked to the Corps of Engineers
and found out that FEMA is responsible. He has discussed two
possible meeting dates in July and August with FEMA to meet with
the civic league. (6) He encouraged broader citizen
participation in the future budget pUblic hearings. (7) He
advised that he had attended the West County civic League
meeting. (8) He complimented the staff on the tours at Spring
Hollow and how they handled the concerns about Jubilee Acres.
Supervisor Eddv: (1) He asked Mr. Mahoney about a
memorandum he sent regarding nuisance claims. Mr. Mahoney
advised that he was waiting for comments from the Board on the
memo, and would then discuss at a future Board meeting or in
executive session. (3) He asked the Board members if they
supported his suggestion that the human service agency
contributions be recommended by a committee. It was Board
consensus NOT to set up a committee. ( 4) He asked about the
department mission statements. Mr. Hodge advised that they are
included in the annual budget document. (5) He asked about the
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June 22, 1993
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ISTEA funds deadline and whether or not the County is applying.
Mr. Harrington advised that the deadline is now August 2 and that
the County will be applying for the ISTEA funds.
(6)
He asked
about the Judicial Sale. Mr Mahoney advised that the County has
collected over $41,000 in delinquent taxes from 29 individuals.
Supervisor Nickens:
(1)
He asked that staff
investigate whether the VDOT entrance and egress requirements are
being met at the construction 01ì Mountain View Road.
(2)
He
asked staff to research and provide more information on the new
legislation allowing regional decal enforcement.
'(3) He asked
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that the Commonwealth's Attorney investigate the Clerk of Circuit
Court's relationship with County staff and the Health Department
as it relates to the Clerk's developments.
He also asked that
the issue be placed on the agenda for a vote.
, Following
discussion and assurance from Supervisor Kohinke that he is
satisfied with Clerk's response and will not pursue or discuss
this issue any further, Supervisor Nickens withdrew his request.
Supervisor Minnix:
He announced that evaluations for
Mr. Mahoney and Mr. Hodge will be held August 24 and asked Ms.
Allen to provide evaluation forms to the Board members.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the
following reports after removal of Item 9 and discussion of Item
7. The motion carried by a unanimous voice vote.
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General Fund Unappropriated Balance
h Capital Fund Unappropriated Balance
~ Board Contingency Fund
h Accounts Paid - May 1993
h statement of Revenues and Expenditures as of May
31. 1993
~ Report on Bond proiects.
~ Report on 1991 Water proiect
~ Report on Roanoke Valley Resource Authority Solid
Waste Facilities
~ Report on CORD Proqram
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Supervisor Eddy moved to receive and file Item 9 after
discussion with Planning & Zoning Director Terry Harrington· at
the evening session. The motion carried by a unanimous voice
votE?.
IN RE:
EXECUTIVE SESSION
At 6:00 p.m., Supervisor Eddy moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A (3) To consider the acquisition of real property for public
purposes and (7) discussion with legal counsel and staff
pertaining to a legal matter; possible amendment to the Landfill
Member-Use Agreement.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
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NAYS:
None
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June 22, 1993
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
A-62293-11
At ,7: 05 p.m., Supervisor Johnson moved to adopt the
Certification Resolution. The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 62293-11 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
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June 22, 1993
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:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
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EVENING SESSION (7:00 P.M.)
The following public hearing was not held although it
had been advertised. The first reading and public hearing was
postponed to July 27, 1993, and the second reading will be held
on August 24, 1993.
Ordinance Amendinq and Ree~actinq Ordinance 82592-
12. The Zoninq Ordinance for Roanoke County. by
the Adoption of certain provisions Concerninq
Amateur Radio Towers in the Various Zoninq
Districts of the County.
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
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Ordinance Amendinq and Reenactinq Ordinance 82592-
12. the Zoninq Ordinance for Roanoke County. bY
the Adoption of Certain Minor Amendments to said
Ordinance. (Terry Harrinqton. Planninq , Zoning
Director)
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June 22, 1993
0-62293-12
Mr. Harrington advised that first reading was held June
8. The amendments address minor areas including expansions of
uses now only permitted by Special Use permit; permitting Bed and
Breakfasts in the R-1 district by Special Use Permit; prohibit~ng
the sale of firearms as a home occupation; exempting family and
church cemeteries under certain conditions; and expanding the
districts in which Day Care' Center and Cultural Services are
allowed by Special Use Permit.
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 62293-12
ORDINANCE 82592-12,
ROANOKE COUNTY, BY
MINOR AMENDMENTS TO
AMENDING AND REENACTING
THE ZONING ORDINANCE FOR
THE ADOPTION OF CERTAIN
SAID ORDINANCE
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 minor, technical amendments
has been identified; and,
WHEREAS, the Planning Commission for Roanoke County
held its public hearing on this amendment on June 1, 1993, and
has recommended approval of the ordinance adopting these
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June 22, 1993
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amendments to the Board of Supervisors of Roanoke County,
Virginia; 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 required by law, and that the first reading of this
ordinance was held on June 8, 1993, and the second reading and
public hearing was held on June 22, 1993.
BE IT ORDAINED by the Board of Supervisors of Roanoke
I
County, Virginia, that the Zoning Ordinance for Roanoke County,
adopted on August 25, 1992, be, and hereby is amendeà and
reenacted, as follows:
1. That the provisions of Section 30-23-2, Non-
conforminq uses, be amended to exempt minor additions and
expansions from the special use permit requirement in certain
instances as follows:
Sec. 30-23-2
Nonconforming Uses of Buildings, structures or
Land (Page 18)
* * * *
(F) Any legally established use which existed prior to the
adoption of
this
ordinance,
or
any
subsequent
I
amendments, shall not be considered a nonconforming use
where a special use permit is now required for
establishment of such use. The use shall be allowed to
~
JI'"
412
June 22, 1993
continue
operation,
as well
as
reconstruct
~
or
structurally alter the building or structure without
the necessity 'of obtaining a special use permit.
However, approval' of a special use permit shall be
required for ~ny future cxp~noion, cxtenoion or
enl~rgement of the UDe or Dtructure. ::~::::::::::::::ffifi::::::j:j:::~Ê1ëRI~~i§ã
wffim:::::::i¡ß8;ffigñi::::::;:I:rn:~:1:1:::j:j:j:ÆII\~]::::iji:lD,ii1:::::::g;j:j:j::19iij:::j:jÊglîãi¥;ffiRñ~::::::::l?iliBæ
~~:::::::::::::::::::::iFß~$lî£:!:::::::::::::::::::::::::it:§::¡:¡:j:::j:::::::j::::[§Iß::j:::::::::::::::::::gg:iiti:§n:::¡:¡:¡:::¡:¡:::¡:¡::g;::::::::¡:j:¡:j:::j]~P;i:¡:¡:::::::::::::::::::~glî:mª
~fUWÆnffiª:IE~£§E:i::
~::~::::::::::i:::::::i:::::mniEi::::::::::iiª::j:j:::j~:::j:j:j:j~:B:::::::::šiEë~í;:::::::::§E:::::::::g:Êã~£iit::::::D.~i::::::::::ì:ºgi~I.:I~::::::::::æn
ì9:ij:j:::j:::::::j:mgB~i1i:::::::j:j:::::j!:8gl~S;I::::::::::::::::Ê:~:::j:j:::::::j:~Iß::j:j:j:j::::::B~§j:j:j:::j:::::::§E:::::::j:::::::j~~lwêlîlã
1RÊBR8ª:i~:::::::I§E:::::::œR~ñ~:i:8ñj:j:j:jgE::j:j:jlnæ~ªiminl::íj:j:I:~R::~:~
I
1:æ¡:::::::::::::::::::::::mP;i::::::::::::~¥R~§:m¡i:§n:¡::::::::::8E¡:¡:¡::::::I§:æ~ªiminl::::::::::::$¡¥:i:æ::::::::::::ª:9~m£~nl:i:~:I:æM
~:i~.::::::::II@::::::::ª::i:;i::j:::::f!ß~:iil::::::::~n9:::::::::æ~¥g!£:;::¡:::i.1~:::¡:::::i:I:¡::;¡:gßæ~$ß~:::::::;59
ë:iBâi:~:~;ægl::t:::::::::š~ËE:iíß.1:::::::gi:::::::Bgä!j:j:::::~:i!:I:::::::âl~~:ë£iEæm:l:iEI
~g:::::::i.1~:::::::!g:::::::~f!¥iEmßi:M:::::::ß~!jiel::::::::mîlE8ãÐ~ffiig:j:j:j:PE§gii1l:i:mlji::
2. That Section 30-29-5, Commercial Use Tvpes, be
amended by ,the revision of the use type description for Bed and
Breakfast as follows:
Sec. 30-29-5
Commercial Use TVDes (Page 40)
* * * *
I
BED AND BREAKFAST - An owner occupied dwelling in which
not more than 5 bedrooms are provided for overnight
....
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June 22, 1993
413
guests for compensation, on daily or weekly basis, with
or without meals.
* * * *
3. That section 30-41-2, Permitted uses, be amended
to allow Bed and Breakfast in R-1, Low Density Residential
Districts, as follows:
SEC. 30-41 R-1 LOW DENSITY RESIDENTIAL DISTRICT
section 30-41-2 (B) ~:f:::R'f::'*:;:;:mm;:mm!!§!!!:ê~~~::!~'~!:I~~~glm~ffi)'::
1:::::::;m:::::::I::::::::::::::::::::::::::::::Ii:::::::I:':::::!:
t1Ê~~I~~:I::::::::~
4. That the following minor revisions are made to the
provisions of Section 30-~2-3, Home Occupations:
* * * *
Sec. 30-82-3
Home occupations, Type I and Type II (Page 120 &
121)
* * **
(B)
General standards:
* * * *
3.
There shall be no outside storage of goods,
products, equipment, or other materials associated
with the home occupation. No toxic, explosive,
flammable, radioactive, or other hazardous
materials used in conjunction with the home
occupation shall be used, sold, or stored on the
~
JI'"
..,0·41·4
June 22, 1993
~
site . l!l$j¡:¡:¡:¡:§:m:!:~:::::::::g~:::j::::::~ffil!im.s:¡:¡::::::iis::::j¡:Mì::¡:¡::::IBm!i¡:j::::::8êê9~ÎR:ì:8n
§n:ª'#w.I:::p'g:::Iplªþ.:~pí:Þ:@fl@
......................................................................................................................................................
* * * *
(D) AdditionÎ~ standards for all Type II home occupations:
5. That the following revision is made to the design
requirements set out in Section 30-82-6, Manufactured Home. Class
A is proposed:
Sec. 30-82-6
Manufactured Home, Class A (Page 124)
* * * *
(B) General standards:
* * * *
I
3.
The manufactured home shall have a minimum width
of Bï'ä feet.
6. That the following additions are made to the Use
and Design Standards for Cemeteries to exempt family and church
cemeteries.
Sec. 30-83-1
cemetery (Page 138)
(A) General standards:
1.
Minimum parcel size: 10 acres.
I
2. No interment shall occur within 25 feet of the
~
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June 22, 1993
.' 4'1 5
property line.
j:fIUj:::j:ji:ij:::j:j:j:j:j:j:j:::::j:::j:jijij:::j:j:j:j::lin~j:ji:ij:j::ijBiml!&im~j:j:::::::::jð:~:§§gæ!!laj:::::::::j:j:l:i§ã::::::::::::j:!::::::j:::::j(l:~:!í;:j:j:::j:j:::jg~j::ij:j:j:j:j:£I:±jæ~~BYí
~~M:&E:±Ë:j:j:j:j:§!:j:j:j:j:j~gi:j:::j:j:j~í;:j:j:::j::~y¥wê:±j:j:j:j:j:§:i:j:j:j:j:m.륧:j:j:j:j::8:~j:::::j:j:~:j:j:j:j:j~gij±~j:j:j:j:jBñ
ëB:?M{êifi~:::::::::::EEêš~B~::j:::::::j:j:!m:!:±:æ:::::::::::::1I::::::::::::::;~!:æE~::::::::::::::;Ê8m:::::::::::::ifií;:i::::::::::::fi=!U;Ë!:*
~!ênë~5ª~::::::::::i:i:ð§8MI::~:i::::::::::::::~Q~i:::::::::::::~íIIj::::::::IT&ÊIª:~:i:!M::::::::::::::ër]:::::::::::BII!~læili:i:i:::::::::ê
~i~8:ffi:!:lj:::j:ï!:~I::j:::jE~ilffiifi:::::::EEë¥~~ëê:::::::lûlj:::j:ji:ëj±:ffiBYlip,ß.j:;::
I
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~$!:~:i:::j:::j:j::m:ìªæ}1g:~Rfi=:::j:::::EI§:ffiãg8ª~j:::::::::§~~~êifißli:::::::::I¥l:::::::j:!:::::::::EBtr±i~ª
§1i'~ë~:i:::::j:::::j:j:j;:::§geÆ:ªu!::::::::::::::::::ffiu::j:::::::-:::,:D:b!:ffing:::;:::::::::::::!ë:i::::::::::::j:::!I~j::::::::::::::::EEëšB!:ëê
B!:il!m:¥~jíj:::j::::~iã@
g::t:::j:j:j:::j:j:j:j:j::j~m:ª::i:::::Rm:ml!m:E~j:j:j:::!:§j:j:j:j:ægs!!m:lj:j:j;j:~W:::::::j±:;ê:~lj::::::;:g:g:::j:j:ji:5ß!:::j:::j~£§m:j:j:::.M
~œ:±:ffiíj:j:::::j:j:j:j:::Š~BF1ipM}.ffjij:j::ij::ij:jERã:!êjæP!!:i~j:j:j:::j:j:j:::j::!:I::i::j:j:i:::íë:±:æ:j'::::jijij'j:j:j:t{§!:!j:ji::j:j:j:j:j:::jffiP!
šgñBi;gl:i:BIT:j:j:j:~:i~n:::i:i::~:j:::j:~gl:ffiÊ:ii:j:fl~I;E:j:j:j:~:HR~tl¥:jt:
!¡:t:::::::::::::::::::::::œm:§:::::i:iii:i$:89!~ffiB2:::::::i:::æ!::::::::::::M!~:~ffiE:~anlæi~ri::i::::êBªBW:!ßIßI::~':::::::::i:i:il:::::::::::.1
eš:ì:læBñi:i:i:i::§:i::i:::i:i!Þii::::::j:jmsñiji~::::j:j:í_ffinji:i&E!!BÑ:¡:i:::j:j:j:!fi!:::::j:jifÎss!a:ëê
jì:B:::j::::::~p:ëj:j::::::::8:~~:ij8ß::::::::::j8E::j:j:j:::£n~::::I:j:I~:!:¡@j:::::::::gi:j:j:j::¡j:Sæ:EsMi~w:j:j::::::Ç8Mi~W:j:::j:j:j!g
!ê;9.M!!lffi¥1:::::::::ffiu!BEm:¡:::::i~£§!~~R~æ¥!::::::::i.~:::::::::Æ}1lg$:j:::j::EEëš!B¥1
èlJ$I!j:j:j:j:j:j:j:jB£:j:j:j:j:j:j:j!p:ëj:::j::::::::i:äEßim:ñÊI:::j:::j:j:j:j:.~:j:j:j:j:j:j:j:ægs!!:ffi:8uj:j:::::::::::sEj:¡::j:j::::ije;eD
8!Th~ËßR:ffi:ë~:jf::
I
7.
That the provisions in Section 30-92, Screeninq.
Landscapinq & Buffer Yards be amended as follows:
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416
June 22, 1993
~
....
Sec. 30-92-3
standards and specifications (Page 186-188)
* * * *
(C)
Where landscaping is required by this ordinance, the
following shall apply:
* * * *
6. Required small deciduous shall be species suitable
for
planting
a
built-
and
within
growth
environment. Acceptable species shall include
dogwoods,
bradford
and
other
dwarf
pears,
varieties. These trees shall have an ultimate
iijíni$.iij&::::i::height of 15 feet at maturity. One tree
....................
.....................
shall be planted for each 15 feet of buffer yard
8Ê:::::::mjlñl§jê!E!g::::::::~ʪ§ .
* * * *
Sec. 30-92-4
Applicability of Requlations
* * * *
(C)
New parking areas shall include landscaped medians,
peninsulas or planter islands in accordance with the
Table below. Such areas shall be planned, designed and
located to channel traffic, facilitate stormwater
management, and define and separate parking areas and
aisles.
Each landscaped area shall be planted with
small deciduous trees with a minimum caliper of one
inch at the time of plantingt::::ffi!:::::::1;98gl~ngm:::::::læ!'§i:i:i:i:§:!siiffis!ì
.........................................
3.. "'0" ··'·"""'9' ..··2·· ········'3" ".'.'.'...'.(..:c'.'.")......
. .. ..... . ..... .....,. .'
... .... .. .... .........
~;~:::i~:::;:::mL;::~~;;::lm()r~~~t.t:;;~;tl~ -
I
I
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417
~
June 22, 1993
8.
That the number of districts which allow Day Care
Centers by special use permit be expanded so as to coincide with
districts which also allow places of religious assembly as
follows:
SEC. 30-32
AG-3 AGRICULTURAL/RURAL PRESERVE DISTRICT
Section 30-32-2 (B) 2. !~¥&I~EI~g%til~EMI (Page 48)
SEC. 30-33
AG-1 AGRICULTURAL/RURAL LOW DENSITY DI&TRICT
Section 30-33-2 (B) 2. RÎ:¥ilimIÎ:È~&IBñE;È]:;~ (Page 51)
SEC. 30-41
R-1 LOW DENSITY RESIDENTIAL DISTRICT
I
Sect ion 30 -41- 2 (B) 3. !~¥::¡::::I~E;:::::~::9%til~E::::::::1 (Page 61)
9. That the following sections be amended by the
addition of the permitted use, Cultural Services (Libraries and
Museums), by special use permit:
SEC. 30-45
R-3
MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL
DISTRICT
Section 30-45-2 (B) 2.
êŒt£UEãtìJ:¡:¡:s.é.i:U¡JE.s$j (Page 67)
;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:;:::::::;:;:;:;:;:;:;:;:;:;:;:;:;:::::::;:;:;:;:::;:
SEC. 30-46
R-4
HIGH DENSITY MULTI-FAMILY RESIDENTIAL
DISTRICT
I
Section 30-46-2 (B) 2. IH:±Mœë:m::::::::§~Î!Mi:§;! (Page 70)
10. That the following sections be amended, as
....
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June 22, 1993
indicated below, using the adopted setback requirement, to
clarify definitively the setback requirement for accessory
structures:
SEC. 30-32
AG-3 AGRICULTURAL/RURAL PRESERVE DISTRICT
Sec. 30-32-3
site Development Regulations
* * * *
(B) Minimum setback requirements
1. Front yard: SO feet
~iit::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::li:in$i:f.!i!:I::::::::@FÊHsllB!1I::;:::::::::::::::::§:g::::::::~i~I::f::
~:f:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1i8$~@:iäl).\t:::::::::::::!!tmH:EIYÊ~@::~:::::::::::::::::äiÞ;æng:::::::::::::::Eti~
IAA9D~:::::::ÞB:!:æª,:æng::::::::ill:!ñ!1:t::
SEC. 30-33
AG-1 AGRICULTURAL/RURAL LOW DENSITY DISTRICT
Sec. 30-33-3
site Development Regulations
* * * *
(B) Minimum setback requirements
1. Front yard: 30 feet
~:f::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::m;:!B§æš~:!::::::::~:lœšIBEß!::~:::::::::::::::::i::9::::::::I)~ªI::f:
Bit:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::BE§i~:!êE¥t::::::::::::i.ã8~HEi~::;::::::::::::;::::~mnænì::::::::::::::mfi
!läñl:::::::~H:i:illë:æñ~::::::::æ:in~:f::
SEC. 30-34
AR AGRICULTURAL/RESIDENTIAL DISTRICT
Sec. 30-34-3
site Development Regulations
* * * *
....
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June 22, 1993
41 9
(B)
Minimum setback reauirements
1. Front yard: 30 feet
ã:f~:~:~:~:::::::::::::::::::::::::::~:~:~:~:~:~:::::::::::::::::IE:lJêffié~!::::::::iÊ.e!R[ì!i!::~:::::~:::::::::::!:I~~~~tl~i:F::~:~
!:j:::::::::::::::::::::::::::::::~:~:::~:~:~:::::::::::::::::::!§êmi:!gIM:::::::::::::::e.ïieÎ9Êmi::~::~::::::::::::::BšÎffiñã:~::::::::::::.Î
!Jtgn~:::IÎHi:*Bæñï]Iæ:ffi11l:f::
SEC. 30-36
AV VILLAGE CENTER DISTRICT
Sec. 30-36-3
site Development Regulations
* * * *
(B) Minimum setback reauirements
1.
Front yard: 35 feet
I
f!::j:::::~:::::::~:::::::::::~:::::::::::::::::~::::::::::::::::::gi:ffi11eæp!:!:::::::mll1sFDge::;:::~:~:~:~::~~:::!::!::::::::!:~I!::f;:
Î:f::::::::::::::::::~::::::::::::~~~~~::~:::::::::::::::::::::::lee~m:eg.I:::::::::::!!:IM§!:Y£I§:;:::::::::::::~~:~!~ñæ!g:~:~:~:~:~:~:~:£nl
f£6fiEIn)UiœãWfiFmmIm:£ne.l:~
;:::::;:::::;:::;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:::::;:;:::;:::::;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:?:;:;:;:;:::::;:;:;:;:;:;:::::::::::::::::::::
SEC. 30-41
R-1 LOW DENSITY RESIDENTIAL DISTRICT
Sec. 30-41-3
site Development Regulations
* * * *
(B) Minimum setback reauirements
1. Front yard: 30 feet
I
i:::j:::::I::::::::::::::::~:~:~:::::::~:::::::::::::~~::~::::::gi;¡11e~Î!:!:~:::~:;Fl1sFDge::;:::::¡:::::~:::::!:!:I:¡:!:~!i!M:
B:f:¡~~~~~~~:~::::::::::::::¡::~:~:::::::::::::¡:~:::::~:~:::~:::lee~m:egiM:::::::::::::::!!:IM§~B£~m::~:::¡:::¡:¡::~::::!~ñ~:9gI:::::::::::£nl
~1§ñÎ:::::::§,M:iælffiñl::~:::::*:Æñg:j::
SEC. 30-42
R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
(\
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June 22, 1993
Sec. 30-42-3
Site Development Regulations
* * * *
(B) Minimum setback requirements
1. Front yard: 30 feet
a:f::~:::::':::::::::::::::::::::::::::::::::::::::::::::::::::::D:æÎëffiä~:I::::::::~:imšI\Êß!::~:::::::::::::::::~!m:~:::~::~lãl:~f:~
;:f,::::::::::::::::::::::::::::::::::¡:¡:¡:¡:::¡:::¡:¡:¡:::¡:¡::I§ëª~:!gÊ¥t:::::¡:¡::::mgãe£HiJª~:!;:¡:¡:¡:¡:!:!:::::Rmnffiñë:::!:!:!:::!:!~I1~
iÊgÌU~:~:!:¡:Rê:ffi!míl!n~f!:::~:ffiJ1ß¡f:!
SEC. 30-45
R-3
MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL
DISTRICT
Sec. 30-45-3
site Development Regulations
* * * *
(B)
Minimum setback requirements
1. Front yard: 30 feet
a¡f:::¡:::::¡:::¡:!:¡:!:!:!:::::::!:::::!:::!:!:!:¡:!:¡:¡:¡:¡:::!D¡æÎëffiä~:I!:::::::~:imši9Iß!::~:::¡:::::¡:!:!:¡:~!:9::::::!:W)mãl:Æ
;:f,::::::::::::::::!::'!::::::::::::::::::::::::::::::::::::::::I§ëª~:§gÊit:::::::::::::::i.BeIHʪ~::;:::::::::::::::::R~Þ:iffiñg¡:¡:::::¡:¡:¡:ES
iÊgl!:::::::Rê:ffi:mí¡lng:::¡:¡:~:ffiJ1ß¡f::
SEC. 30-46
R-4
HIGH DENSITY MULTI-FAMILY RESIDENTIAL
DISTRICT
Sec. 30-46-3
site Development Regulations
* * * *
(B)
Minimum setback requirements
1. Front yard: 30 feet
9!:fjII:::::¡:¡:::¡:¡:¡:¡:::¡:¡:¡:¡:¡:¡:¡:¡:::::¡:::¡:::::::gËffiJ1Š~I!¡*¡:¡:¡:!iMIªšIMïãm::~!:!:!:::!:::::¡:¡1:9::::::::i!ªi~::;
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June 22, 1993
42:1 ~
I:~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::ff8fi!ª:ªgiM:::::::::::::::eÎEM8ÎBI!ª::~:::::::::::::::::;~Uîænª,:::::::::::::::Rnß
lign£:::::::§B:!:$ãæñ~::::::::±:!B$1:~::
SEC. 30-53
C-1 OFFICE DISTRICT
Sec. 30-53-3
site Devel~pment Requlations
* * * *
(B)
Minimum setback requirements
'--
1. Front yard:
~:~::::::::::::::::::::::::::::::::::::::I:::::::::::::::::::::.:!BgæR~:~::::::::::eÎEM8ÎHI!ª::~::::::::::::::::::::30 feet, or
20 feet when all parking is located
behind the front building line.
I
;:~::::::::::::::::::::::::::::::::::,:i:i::::::::::::::::::::::18g~~:egE¥i:i:i:iªl1tmë£iI~:ªi:;::i:::::::::::::MIJ:~n~i:i:i::ilgñM
þµ:~:~:g%Þª::;:::::m:~hg:;.::
.....................................................
....................................................
SEC. 30-54
C-2 GENERAL COMMERCIAL DISTRICT
Sec. 30-54-3
site Development Requlations
* * * *
(B) Minimum setback reauirements
1. Front yard:
9::~::::::::::::::::::::::::::::::::::::::::i:::::::::::::::::::::I!IÆnfil:~~:I:::::::::§.B8IHE~~::f::::::::::::::j:::::j30 feet, or
20 feet when all parking is located
I
behind the front building line.
Ijt:::j:j:j:j:j:j:::j:j:::::::j:j:j:j:j:j:::i:i:j:j:::j:j:j:j:j:jliëg~ª:§RIM:::j:j:~:!.g!il@:e::;:j:j:j:j:j:j:j:j~5fi:!ñã:j:j:::r=;~gn£
Im:ij±~æn9:]::::$:iñßjt:j
11. That the citation on page v. of the Table of
...011IIII
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422
June 22, 1993
~
contents and on page 113 should be changed as follows to correct
a typographical error.
SEC. 30-741 ... 30-79 (RESERVED)
12. That this ordinance shall be in full force and
effect thirty (30) days,after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
On motion of Supervisor Nickens to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
h
Ordinance Amendinq and Reenactinq the Zoninq
District Maps for Roanoke county bY the Adoption
of Certain Miscellaneous Chanqes Throuqhout the
County of Said Maps. (Terry Harrington. Planninq ,
Zoninq Director)
0-62293-13
Mr. Harrington advised that as a result of Board
requests at the first reading, the ordinance has been revised to
include all of the properties reviewed by the Planning
Commission.
Supervisor Nickens moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
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June 22, 1993
42 3 ~
ORDINANCE 62293-13 AMENDING AND REENACTING THE ZONING
DISTRICT MAPS FOR ROANOKE COUNTY, BY THE ADOPTION OF
CERTAIN MISCELLANEOUS CHANGES THROUGHOUT THE COUNTY TO
SAID MAPS
WHEREAS, on December 15, 1992, the Board of Supervisors
of Roanoke County, Virginia, adopted Ordinance 121592-10 which
amended the Zoning District Maps for Roanoke County; and,
WHEREAS, citizens in various areas of the County have
requested that the zoning classifications as reflected in the new
zoning district maps of their properties be re-examined to
address their questions and concerns; and,
WHEREAS, the Roanoke County Planning Commission held a
I
public hearing on June 1, 1993, and has made recommendations to
the Board; and
WHEREAS, public necessity, convenience, general welfare
and good zoning practice require that the following properties
and zoning district maps be, and hereby are, submitted to the
Board of Supervisors for amendment; and,
WHEREAS, legal notice and advertisement has been
provided as required by law, and that the first reading of this
ordinance was held on June 8, 1993, and the second-reading and
public hearing was held on June 22, 1993.
BE IT ORDAINED, by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. ·That "1992 Zoning District Maps (Master Set #1) of
I Roanoke County, Virginia" are hereby amended and reenacted as the
zoning district maps for Roanoke County, Virginia, as follows:
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June 22, 1993
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(1) OWNER:
william Brown, Jr.
LOCATION: Harborwood Road; Catawba District
MAP NOS. 65.00-2-17.1
FROM: R-1
TO: AG-3
COMMISSION
COMMENTS: The requested AG-3 designation is not inconsistent
with the current agricultural/rural
characteristics of the area.
(2) OWNER(S): Various
LOCATION: Slate Hill Area of Roanoke County; Cave Spring
District. (Elmview Road, Chevy Road, Almond Road).
MAP NOS.: 77.20-1-42,43,44,45,46,47,48,50,51,52,53; 77.20-
2-2,3,4,5,6,7,8,9,10,11; 87.08-3-
16,17,18,19,20,21,22,23,24,25,26,27,28, I
29,30,31,32,33,34,35,36,37,38,39,40,41,
42,43,44,45,46,47,48.
FROM: C-1
TO: R-3
COMMISSION
COMMENTS: This area was zoned C-1 to facilitate long term
commercial growth in the Rt. 419/Rt. 220 area.
The C-1 zoning created a significant number of
non-conforming residences in this area and
prohibits new residential construction. Although
the area still may be suitable for commercial
growth in the future, rezoning to R-3 Residential
meets the current needs of the residents.
(3) OWNER:
Hinman Estate (Dominion Trust)
LOCATION: Hollins Road; Hollins District
MAP NOS.: 38.16-1-3.1
COMMISSION
COMMENTS: The dual zoning of this property was the result of
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FROM: R-3 and I-1 TO: I-1
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June 22, 1993
.425 c
an error in the preparation of the zoning maps.
The approval of . this change will correct this
error.
(4)
OWNER(S): Paul L.Roberts
Gene and Velma Davis
LOCATION: Catawba Valley Drive; Catawba District
MAP NOS.: 25.00-1-28,29
FROM: C-2 AND AG-1 TO: AG~l AND C-2
COMMISSION
COMMENTS: The zoning of the two properties was "switched" on
the adopted maps. The approval of this change
will correct this map error.
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(5) OWNERS:
Various
LOCATION: Village Lane; Hollins District
MAP NOS.: 27.19-4-48.2,48.3,48.4,48.5,48.6,48.7, 48.8.
FROM: R-3
TO: R-1
COMMISSION
COMMENTS: The original R-3 parcel was platted and developed
as seven single family lots late in 1992. This
rezoning will reflect the current land use of
these parcels.
(6) OWNER:
Hobart Properties
LOCATION: Starkey Road; Cave Spring District
MAP NOS.: 87.19-2-6,7
FROM: C-1
TO: R-3
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COMMISSION
COMMENTS: The owner of these lots has requested R-3 zoning.
These two lots lie wi thin a Comprehensive Plan
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426
June 22, 1993
Development designation. R-3 zoning is consistent
with this plan designation.
(7) OWNER:
Tara Clay Products Corporation
(Old Virginia Brick)
LOCATION: Wildwood Road; Catawba District
TAX PARCEL(S):
44.04-1-13
FROM: AG-1
TO: I -1
COMMISSION
COMMENTS: This area is not suitable for general industrial
uses. The approval of the I-1 zoning would violate
the comprehensive Plan and would not grant the
owner the right to expand the quarry by-right. If
the owner wishes to propose an expansion of the
quarry, the Special Use Permit process is the
appropriate method to evaluate the proposed
expansion.
(8) OWNER:
Harold Wingate
LOCATION: Catawba Valley Drive; Catawba District
TAX PARCEL(S):
13.00-1-1,2,3,4; 14.00-1-12
FROM: AG-3 TO: AR
and AG-1
COMMISSION
COMMENTS: The property is located wi thin a rural preserve
area. No public utilities are available.
Residential densities permitted by the AR district
would be inconsistent with the character of the
area.
(9) OWNER:
R. L. Moran
LOCATION: Creekside Drive; Catawba District
TAX PARCEL(S): 66.01-3-19
FROM: AR TO: R-1
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June 22, 1993
42 7;,
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COMMISSION
COMMENTS: The property is located wi thin a rural preserve
area. Although pUblic water service to this
property is likely feasible after the construction
of the Spring Hollow water transmission line, the
steep topography and limited access to the
property preclude the suitability of higher
residential densities allowed by R-1 zoning.
(10) OWNER: Merriman Sears
LOCATION: Hidden Woods Drive; Windsor Hills District
TAX PARCEL(S):
66.00-1-2,7,8
FROM:' AG-3
TO: AR
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COMMISSION
COMMENTS: The property is located wi thin a rural preserve
area, and is served by public water. The property
has a very steep mountainous terrain. The only
potential access to the property is Hidden Woods
Drive. Due to topography, access from Hidden
Woods Drive is problematic. In addition, Hidden
Woods Drive is a cul-de-sac that was designed to a
lesser street standard. The è.evelopment of the
Sears property at an AR density would result in
traffic volumes that exceed the design capacity of
Hidden Woods Drive, and are inconsistent with the
neighborhood character.
2. That said map or maps are attached hereto and
incorporated herein by reference.
3. 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
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Administrator is directed to amend the zoning district map to
reflect the change in zoning classification authorized by this
ordinance.
On motion of Supervisor Nickens to adopt the ordinance, and
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June 22, 1993
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carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
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Ordinance to Amend the Official Zoninq Ma~s of Roanoke
County bY Rezoninq 767.33 Acres of Land from AG-3 and
AG-12 to EPD (Explore Park District). located in the
vinton Maqisterial District. Upon the Petition of the
Virqinia Recreational Facilities Authority.
(Terry
Harrinqton. P1anninq , Zoninq Director)
0-62293-14
Mr. Harrington reported that Explore Park is proposing to
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rezone properties owned by the Virginia Recreational Facilities
Authority to ohtain the necessary local approvals for various
components of the Park. The parcels comprise only a portion of
the 1,500 acre site. Mr. Harrington advised that the Explore
Park District was written in such a way that all information
submitted as part of the application constitute proffered
conditions.
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 62293-14 TO CHANGE THE ZONING CLASSIFICATION OF I
TRACTS OF REAL ESTATE TOTALLING 767.33 ACRES LOCATED IN THE
EXPLORE PARK IN THE VINTON MAGISTERIAL DISTRICT FROM THE
ZONING CLASSIFICATION OF AG-3 TO THE ZONING CLASSIFICATION
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June 22, 1993
42 9 ..,;.
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OF EPD WITH CONDITIONS UPON THE APPLICATION OF THE VIRGINIA
RECREATIONAL FACILITIES AUTHORITY
WHEREAS, the first reading of this ordinance was held on May
25, 1993, and the second reading and public hearing was held June
22, 1993; and,
WHEREAS, the Roanoke County Planning commission held a
public hearing on this matter on June 1, 1993; 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 tracts of
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real estate totalling 767.33 acres located at the Explore Park in
the Vinton Magisterial District is hereby changed from the zoning
classification of AG-3, Agricultural/Rural Preserve District, to
the zoning classification of EPD, Explore Park District.
2. That this action is taken upon the application of The
Virginia Recreational Facilities Authority.
3. That pursuant to section 30-71 of the Roanoke County
Zoning Ordinance (Explore Park District) all of the written and
graphic information prepared and submitted as part of this
application shall constitute proffers pursuant to Section 30-15
of the Zoning Ordinance.
4. That real estate affected by this request is as
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follows:
Parcel
Tax Map Number
Acreaqe
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June 22, 1993
1 71. 00-1-3 47.70
2 71. 00-1-6 5.93
3 71. 00-1-8 2.00
4 71.00-1-12 9.00
5 71.00-1-13 33.05
6 71. 03-1-10 24.16
7 71. 03-1-11 3.75
8 71. 03-1-15 18.78
9 80.00-1-34.2 3.83
10 80.00-1-34.3 0.07
11 80.00-1-35 21.96
12 80.00-2-32 8.67
13 80.00-2-33 23.00
14 80.00-2-34 13.86
15 80.00-2-35 5.00
16 80.00-2-36 0.30
17 80.00-5-24 488.28
18 80.00-5-26 10.00
19 80.00-5-27 18.12
20 80.00-5-29 22.66
21 80.00-5-30 1. 00
22 80.00-5-31 2.23
23 80.00-5-32 :'.23
24 80.00-5-34 1.75
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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, arid the same hereby are, repealed.
The Zoning
Administrator is directed to amend the zoning district map to
reflect the change in zoning classification authorized by this
ordinance.
On motion of Supervisor Nickens to adopt the ordinance,
and carried by the follow~ng recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
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NAYS:
None
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June 22, 1993
IN RE:
CITIZEN COMMENTS AND COMMUNICATIONS
.L. Marqaret Crouse. Windsor West. Concerninq Brush
and Bulk Collection.
Ms. Crouse asked that bulk and brush be collected more
frequently than once a month. She also asked that the Regency
Circle Street sign be replaced. Supervisor Nickens asked staff
to determine why it takes so long to replace street signs.
II meeting, and will be included in the work session on the General
Services Department.
IN RE: NEW BUSINESS
~ Request for Expansion of the Bulk/Brush Collection
Elmer C. Hodqe. County Administrator)
This request was continued to the ~uly 13, 1993
Supervisor Kohinke left the meeting at approximately
7:15 p.m.
IN RE:
ADJOURNMENT
At 7: 35 p.m., ?upervisor Johnson moved to adjourn. Tl:ViJ
motion carried by a unanimous voice vote with supervisor Kohin';~¡:e
absent.
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