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Home My WebLink About11/17/1992 - Regular "'I11III - - ---- --- ~- __ _._._n"____._.____ .__.._______ 'L ~ November 17, 1992 8.3 6 !, ¡ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 November 17, 1992 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration center, this being the third Tuesday, and the only regularly scheduled meeting of the month I of November, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:00 p.m. The roll call was taken. KEMBERSPRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Sr., Supervisors Bob L. Johnson, H. Odell "Fuzzy" Minnix, 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 M. Myers, Assistant County Administrator; Anne Marie Green, Information Officer I IN' RE: ' OPENING CEREMONIES The invocation was given by the Reverend Richard .....J ".. 8 3 7 - November 17, 1992 ~ Harris, Chaplain, Roanoke County Jail. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Eddy announced the following: (1) The Resolution of Congratulations to Mr. and Mrs. Truett had been continued until December 1, 1992. (2) A Proclamation declaring American Education Week had been added. (3) An Oral update on Dixie Caverns Landfill Cleanup had been added to "Reports". (3) Several Executive session items had been added. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Resolution of Conqratulations to Mr. , Mrs. Edward L. Truett UDon the Occasion of the Harshbarqer House Beinq Named to the National Reqister of Historic Places. This item was continued until the December 1, 1992 I meeting. ~ Proclamation Declarinq the Week of November 15-21. 1992 as American Education Week. The proclamation was accepted by Dr. Bayes Wilson, Superintendent, Roanoke County Schools, and Kitty Boitnott, Past President of the Roanoke County Education Association. I IN RE: NEW BUSINESS ~ -t ""'I11III _ ..' _. .__m_. _ ___. __.___ .___ _ __ . ~ '.- .. ... November 17,,1992 838 ~ ReDort on County ODerations for the Year ended June 30. 1992. (Diane Hyatt. Finance Director) . I I A-111792-1 . Ms ~ Hyatt reported that KPMG Peat Marwick had recently completed the audit and the County had received a favorable audit opinion on its financial records. She advised that a mid-year budget reduction addressed the economic slowdown and reduction of state revenues. The decline was, not as large as anticipated, and a surplus of $606,182 is now available from the General Fund operations. In addition, the Schools ended the year with a $450,318 surplus. Mr. Hyatt recommended that the County surplus be reserved for employee benefits for County employees and advised that the School Administration plans to use their surplus for employee benefits and school buses. Following discussion on whether the funds. should be specifically reserved for benefits, Supervisor Eddy moved to approve the staff recommendation and reserve $606,182 for employee benefits. The motion carried by the following recorded vote: AYES: NAYS: HERE: Supervisors KOhinke, Minnix, Eddy Supervisor Nickens Supervisor Johnson ~ Request for ADproval to Establish a Reaional Disability services Board and ADDointmènt of Local ..... "... 8:3 9 November 17, 1992 ~ ~ Official to Serve on Board. (John M. Chambliss. Assistant County Administrator) R-111792-2 Mr. Chambliss advised that one of the programs to implement the Americans With Disabilities Act was the requirement that all localities establish or participate in a Disabilities Services Board (DSB) and the State Disabilities Services council has recommended that the localities create at least one DSB representing the localities within each planning district. He advised that the Fifth Planning District Commission had met and agreed to form one DSB. The purpose of the Board will be to develop a report of local services needs and priorities for I persons with physical and sensory disabilities. Mr. Chambliss advised that he had served on the Ad Hoc Committee for the district and would be happy to serve on the Fifth District Disabilities Services Board. Supervisor Nickens moved to approve the establishment of the Fifth District Disabilities Services Board and appoint John Chambliss to serve. The motion carried by the following recorded vote: . AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 111792-2 FOR THE ESTABLISHMENT OF A REGIONAL I DISABILITY SERVICES BOARD IN THE FIFTH PLANNING DISTRICT AND THE APPOINTMENT OF A LOCAL OFFICIAL TO . SERVE ON THE BOARD -----------.---...- ---- -~---~--~- <- -- ----- - --~ --------~-- -----~-~ -~ ~. .-... . , .. ,', ~. -" ,::¡.~%' ..;:.~i;',.~~· ~ November 17,,1992 84 0 WHEREAS, section 51.5-47 of _ the Code of Virainia as amended provides for the establishment of a Disability Services Board, and WHEREAS, it is the desire of the County of Roanoke, Virginia to establish a regional Board, with the intent of implementing the provi'sions of section: 51.5-47 of the Code of Virainia; NOW, THEREFORE BE IT RESOLVED, that the County of Roanoke, in conjunction with member governments of the Fifth Planning District, desires to establish a regional Disability Services Board to be composed of a maximum of fifteen members and I ~hall consist of one local official appointed from each member jurisdiction, and who shall in turn be responsible for the selection of the remaining Board members pursuant to section 51.5-47, Paragraph B of the Code of Virainia, and BE -. IT FURTHER RESOLVED, that the County of 'Roanoke . :'N'_*::~';Ø;$~$~~.'~ ' wø.>>>.m~:¡:a:$:>>:~"':$$%:::-rl~%-W$'" appo1nts 01·' -" ::::?-:~A:i~~J ".-., æ¥blww:sø.,~¡;::.:t"" :¡¡:r~iltJl.oo serve as ::<~~;g~2Ø - 'Æ:W-,,'N'¡:··$;<.Wh!ØØ:,4'-ØW ':iØ.Z<,,$. " -_ its local official on the regional Disability Services Board for the Fifth Planning District. On motion of Supervisor Nickens to adopt the resolution and appoint John M. Chambliss, Jr. to serve, and carried by the -,,-:.1. '.-,.~'~7:.:"£:. . _-~__ . .;'." :,:i~;f~,~:f~{,..,_: ~'J'ii'; : following rècordèdvåte: - . ".~~--..:;: : AYES: supertisô~~~-':JOhn~~ní,'~KÔhinke ,Miriñix" - Nt6k~ri~/ ,. t~~i~~:~¡-~Ì}~~~c~1;: ,. None NAYS: I .L::, Reauest. for SUDDort for a ~FEMA Grant· AÞDlië:atfoD' to Fund a Portion of the ComDrehensive Reaional .-<' ~ ,.. 84 1 November 17, 1992 stormwater Maintenance proaram in the Roanoke Valley. (Arnold Covey. Enaineerina , InSDections Director) R-111792-3 Mr. Covey reported that as a result of a request by the Roanoke Valley localities in 1984, the Fifth Planning District Commission conducted a Feasibility study for a Roanoke Valley Comprehensive Stormwater Management Program. The program was updated in 1989. The total estimated cost for developing the plan is $690,000 with Roanoke County's share being $278,000. A FEMA Hazard Mitigation Grant Program is a 50/50 cost sharing grant, and if the application is approved, the County share of funding could be reduced by one-half to $139,000. Mr. Covey advised thai;. the other localities are also applying for grant money. Supervisor Nickens moved to approve the grant application. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 111792-3 APPROVING THE SUPPORT OF PURSUING A COMPREHENSIVE REGIONAL STORMWATER MANAGEMENT PROGRAM IN THE ROANOKE VALLEY WHEREAS, member governments in the Roanoke Valley have expressed the need since 1984 to address flooding problems related to stormwater runoff, and WHEREAS, the Fifth Planning District commission funded a study in 1985 to examine the feasibility of establishing a ~ ~ I I '.. i ¡~;'" ,.',-, " .... ,,,.' , ~ -~ ~ . ~ ~ November 17, ,1992 84. 2' . regional stormwater management program for the Roanoke Valley, and WHEREAS, the 1985 feasibility study discussed the numerous benefits which could be derived from a comprehensive regional approach to stormwater management and outlined those watersheds which should be considered priorities for future planning, and WHEREAS, member governments in the Roanoke Valley in 1990 funded an update to the 1985 feasibility study, illustrating how a comprehensive stormwater management program could address both water quantity and water quality issues within the context of a regional program, and I WHEREAS, the Fifth PDC, working with a stormwater technical subcommittee composed of local engineering staff, has established a cost-sharing proposal to pay for regional stormwater watershed master planning (which is the first step in pursuing a regional program), and WHEREAS, the Fifth PDC staff has presented the findings of the feasibility study/update, and the cost-sharing proposal with the chief administrative officials of member governments in the Roanoke Valley, and WHEREAS, flooding in 1985 and 1992 caused hundreds of millions of dollars in damage to the jurisdictions of the Roanoke Valley and resulted in the President declaring a Major Disaster Declaration for the affected area, and I WHEREAS, the federal government activelý promotes both pre- and post-disaster hazard mitigation strategies designed to lessen ~ ,.. 843 November 17, 1992 the effects of future disaster events, and WHEREAS, the Federal Emergency Management Agency (FEMA) has established a grant program, known as the Hazard Mitigation Grant Program, which is intended to support innovative and cooperative hazard mitigation programs such as a regional approach to stormwater management; BE IT THEREFORE RESOLVED, that the County of Roanoke will participate with the cities of Roanoke and Salem, and the Town of vinton in pursuing watershed master plans for the 16 priority watersheds and will allocate their pro rata share of funds for this watershed master planning to be matched against funds provided through the Federal Emergency Management Agency's Hazard Mitigation Grant Program; AND, THEREFORE BE IT FURTHER RESOLVED, that the County of Roanoke authorized the Fifth Planning District Commission to serve as the agent to apply for FEMA's Hazard Mitigation Grant Funds and to administer these funds. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None .L. Request for - SUDDort for a Rural Economic DeveloDment Grant (RED) ADDlication for Valley TechPark. (Brian Duncan. Economic DeveloDment Assistant Director) R-111792-4 ..... ~ I I .~ '.,: - :::.~':::, ~ ~ : -'-~ 'Í :. 844 -t November 17,.1992 Mr. Duncan explained that the Rural Economic Development (RED) Planning Grant Fund is administered by the Virginia Department of Housing and Community Development. Projects are intended to provide the community with preliminary engineering and environmental audit support for the development of an industrial site. The grant request will be for $20,160 with a 25% County match of $5,040. The Grant will be used to conduct an audit at Valley TechPark. Supervisor Nickens moved to approve with dollar changes to resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy I NAYS: None RESOLUTION 111792-4 IN SUPPORT FOR APPLICATION FOR RURAL ECONOMIC DEVELOPMENT (RED) PLANNING GRANT FOR PRELIMINARY ENGINEERING AT VALLEY TECHPARK WHEREAS, the Roanoke County Board of Supervisors recognizes the benefits of economic development, and WHEREAS, the citizens of Roanoke County have expressed their support of economic development through their approval of the November 3, 1992, local bond referendum that included $750,000 for economic development, and WHEREÁS, the Roanoke County Industrial Development Authority owns the 177 acre Valley TechPark, and WHEREAS, Roanoke County supports the Virginia Community I Certification Program, and NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors ~ ,... 845 November 17, 1992 ~ of Roanoke County supports the Department of Economic Development application for a Rural Economic Development Planning Grant for up to ~:!:I::i:::I!R:::::::::::to be used for preliminary engineering and an environmental audit at Valley TechPark. Additionally, the Board of Supervisors will set aside up to &!æl~R as its 25% match. The Board of Supervisors also directs the Department of Economic Development to pursue entry into the Community certification program and requests that the Virginia Department of Economic Development be notified as to its intent. On motion of Supervisor Nickens to adopt the resolution with changes in the dollar amounts, and carried by the following recorded vote: AYES: NAYS: IN RE: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None REQUESTS FOR WORK SESSIONS ~ Request for Work Session on December 1. 1992 To Discuss Bond Proiects. A Work Session on the bond projects was set for December 1, 1992. IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OP REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first reading and set the following PUblic hearing for December 15, 1992. The motion carried by the following recorded vote: ~ I I ';'.,-.£- >7:::.~' ',.., . , ;. ~: .~. .. ~~" '..' ~ ~ November 17~1992 , 'I..' -·8'46 AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ An Ordinance to Amend Conditions on ADDroximatelv 1.516 Acres to Permit Construction of an Auto Parts Facilitv. Located Between 3727 and 3773 Challenaer Avenue. Hollins Maaisterial District. UDon the Petition of Webb-stevenson Co. IN RE: FIRST READING OF ORDINANCES ~ ordinances Amendina section 13-13 and 13-14 of the Roanoke County Code Clarifvina Certain provisions I with ResDect to Illeaal DisDosal of Trash and Increasing Certain Penalties for Illeaal DumÐina. (Paul Mahonev, County Attorney) Mr. Mahoney advised that these proposed amendments would clarify certain statutory provisions and increase the penalties for illegal dumping from a Class IV misdemeanor with a $250.00 maximum fine to a Class I misdemeanor with a maximum fine of $2500.00 and/or 12 months in jail. Supervisor Eddy make suggested changes to Section 13-14 and Mr. Mahoney responded he would incorporate them for the Second Reading on December 1. Supervisor Johnson moved, to approve the first reading with Supervisor Eddy's suggested changes. The motion carried by the following recorded vote: I AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ ".. 8:"'4 :...'7.- ~ , " /1 ,.* .~ November 17, 1992 ~ Ordinance Amendina the Roanoke County Code bv Creatina a SeDarate Classification of Tanaible Personal ProDertv: Motor Vehicles for Disabled Veterans. (Paul Mahonev. County Attornev) Mr. Mahoney reported that this ordinance would create a separate classification of property for tangible personal property taxation' of motor vehicles owned and used by disabled veterans and would allow the Board to reduce the tax rate for disabled veterans. The staff recommended that the Board decline the adoption of the ordinance. Supervisor Nickens moved to deny the first reading. There was no vote. Supervisor Johnson made a substitute motion to approve the first reading with options on the reduced tax rate left open. Supervisor Eddy advised he supported the ordinance. Supervisor Kohinke advised he opposed the ordinance because it did not establish a needs basis for the reduced tax rate. Supervisor Nickens agreed and asked if a needs basis could be established. Mr. Mahoney responded he would investigate and report back at the second reading. Supervisor Johnson's motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Eddy NAYS: Supervisors KOhinke, Nickens h Ordinance Amendina the Zonina District MaDS for ~ ~ I I ~ ~ ._"-l~-' ~.~ . _ ~ ':- ;''"~7'i ~:~< .... ~ November 17 I. '. 1992 8'48 I I Roanoke County bv the Re~èal of the Old Zonina District MaDS and bv AdoÞtina and Reenactina the 1992 Zonina District MaDS to ImDlement the provisions of the New Zonina Ordinance. (Terrv Harrinaton. Plannina , Zonina Director) Mr. Harrington reported that the Planning staff has prepared and reviewed the proposed zoning district maps. Additionally the maps have been available to the public as follows: (1) a series of six community open houses; (2) a Planning Commission public hearing; (3) a Planning Commission work session; and (4) a second public hearing to be held on December 1. In response to a question from Supervisor Johnson, Mr. Harrington advised that 100 to 120 people had attended the community meetings. He fûrther advised that he had responded to the Homebuilders Association's concerns, and that staff would review the maps and text after one year. Supervisor Kohinke moved to approve the first reading. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: APPOINTMENTS ~ Mental Health Services of the Roanoke Valley Community services Board Supervisor Minnix nominated J. William Pistner to a three-year term which will expire December 31, 1995. ~ ".. 8;,4;9": November 17, 1992 INRE: CONSENT AGENDA R-111792-S Supervisor Johnson moved to approve the Consent Resolution with Item 7 removed. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None Supervisor Johnson moved to approve staff recommendation in Item 7 to withdraw reconsideration of 301 Gilmer Associates v Board of Supervisors. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix; Nickens NAYS: Supervisor Eddy RESOLUTION 111792-S 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 November 17, 1992, designated as Item J- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items I through 7, inclusive, as follows: 1. Approval of Minutes - October 13, 1992 Approval of Resolution Concurring with the 1995 Highway Functional Classification for Roanoke County as Updated by the Virginia Department-of 2. ~ ~ I I "'I11III ~ November 17, 1992 8'5;'0' Transportation. 3. Acceptance of Water and Sanitary Sewer Facilities, Serving Glade Hill Estates, Sections 3 and 4. 4. Request for Acceptance of Elizabeth Drive into the Virginia Department of Transportation Secondary System. 5. Request for Acceptance of Apricot Trail and Blueberry Ridge into the Vi!"ginia Department of Transportation Secondary System. 6. Acknowledgement of Acceptance of 0.27 Miles of Christopher Drive into the Virginia Department of Transportation Secondary System. 7. Withdrawal of Request for Reconsideration: Gilmer Associates v. Board of Supervisors. 301 2. That the Clerk to the Board is hereby authorized I and directed where required by law to set forth upon any of said items separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution with Item 7 removed, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None On motion of Supervisor Johnson to adopt the resolution to withdraw reconsideration, Item 7, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens NAYS: Supervisor Eddy I RESOLUTION 111792-5.a OF APPROVAL WITH THE 1995 HIGHWAY FUNCTIONAL CLASSIFICATION FOR RURAL ROANOKE COUNTY AS UPDATED BY THE ~ ".. 8·5-.1 .;, November 17, 1992 f~ VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991, Section 1006, required that the Virginia Department of Transportation (VDOT) functionally reclassify the roads and streets in the Commonwealth, by December 31, 1992, based on their current and anticipated functional usage; and, WHEREAS, the Virginia Department of Transportation has previously functionally classified the state highways in accordance with the guidelines presented in the "Highway Functional Classification Manual" (Volume 26, Appendix 12, Hiqhwav Plannina Proqram Manual); and, WHEREAS, The Virginia Department of Transportation has updated the functional classification in accordance with the "Highway Functional Classification Manual" (Revised, March 1989) and aforementioned,ISTEA of 1991, NOW, THEREFORE BE IT RESOLVED THAT Roanoke County Board of Supervisors with Highway the "1995 Functional concurs Classification" for Roanoke County as updated by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 111792-S.c REQUESTING ACCEPTANCE OF ELIZABETH DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM ..... ~ I I "i "'I11III November 17',1,992 '·85 2;, I I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter canie this day to be heard upon the proceedings herein, and upon the application of Elizabeth Drive from its east intersection with Beavers Lane to its west intersection with Finney Drive, for a distance of 0.07 miles to be accepted and made a part of the Secondary System of State Highways under section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have heretofore been dedicated by virtue of certain maps known as River Ridge Subdivision and Fox Fire, Section' 1, Subdivision which maps were recorded in Plat Book 11, Page 2 and Plat Book 9, Page 90, of the records of the Clerk's Office of the Circuit Court of Roanoke County, virginia, on August 9, 1988 and June 30, 1977 respectively, and that by reason of the recordation of said maps no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right- of-way for the street. 3. That said roads known as Elizabeth Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. ~ ,.. i,8'53 ~~, ~ November 17, 1992 ~ On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 111792-S.d REQUESTING ACCEPTANCE OF APRICOT TRAIL AND BLUEBERRY RIDGE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of .15 miles of Apricot Trail east of Carson Road to the cul-de-sac and .G& Œ£ä :::::::::;0':-;::::::::: miles of Blueberry Ridge extended to the cul-de-sac to be I accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads have heretofore been dedicated by virtue of a certain maps known as Glade Hill Estates, SUbdivision, Sections gOO 3 and 4 which maps were recorded in g~ãlrnl§§iMI~*Î~iiiM~!M Plat Book 14, Page 36 and Plat Book 14, Page 60, of the records of the Clerk's Office o~ the ....mNNm;ï::."'::'w~..............::-m.::::='~~:im Circui t Court of Roanoke County, Virginia, on IRI1:f:¡f;::::;:II1)lMI;s,W!f.:¡ March 24, 1992 and May 6, 1992, respectively and that by reason of the recordation of said maps no report from a Board of I Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby ~ ~ ~ November 17, 1992 8)54: :.,..¡ " .. guarantees said drainage easements and a right-of-way for the street. 3. That said roads known as Apricot Trail and Blueberry Ridge and which are shown on a certain sketch accompanying th~s Resolution, be, and the same are hereby established as pUblic roads to become a part of the state Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said streets or highways by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: I AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 111792-S.f ACCEPTING THE WITHDRAWAL OF A REQUEST FOR RECONSIDERATION MADE BY 301 GILMER ASSOCIATES, AND REINSTATING THE PREVIOUS ZONING DECISION BY THE BOARD OF SUPERVISORS WHEREAS, 301 Gilmer Associates (the "Petitioner") had filed a rezoning reque,st wi th the Board of Supervisors of Roanoke County, Virginia, (the "Board")and that said rezoning request was denied by the Board on September 24, 1991; and, WHEREAS, upon the request of the Petitioner, the Board voted to reconsider this denial on October 8, 1991, in order to enable I the Petitioner to negotiate acceptable vOluntarily proffered conditions in order to mitigate adverse impacts of this proposed rezoning on adjoining properties and to implement the oral ~ ".. ·8·:5'·:5 November 17, 1992 promises made by the Petitioner at the public hearings before the Board; and, WHEREAS, the Petitioner filed a Motion for Declaratory Judgement on October 23, 1991; however, the Petitioner had not proffered revised conditions before commencing this litigation; and, WHEREAS, the Petitioner has represented to the circuit Court and to the Board that it desires to withdraw its request for reconsideration, and that it intends to proceed with the proposal' submitted to the Board at its September 24, 1991 pUblic hearing. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors hereby accepts the request of the Petitioner, and allows the Petitioner to withdraw its request for Board reconsideration of its previous denial of the Petitioner's application for rezoning of that certain tract of real estate containing 0.71 acre located at 6426 Merriman Road (Tax Map Number 97.06-1-6). 2. That by this action the previous decision of the Board denying this rezoning application on September 24, 1991 is hereby reinstated. 3 . That the Clerk to the Board is directed to mail a certified copy of this Resolution to the attorney for the Peti tioner , David A. Melesco, Esq. and to the Clerk of the circuit Court of Roanoke County, Virginia, for filing in the official court file of these proceedings. ~ ~ I I ~ "'I11III November 17" 1992 85 6 I I On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens NAYS: Supervisor Eddy IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor Minnix: He announced that he had attended the VACo Conference sessions on: (1) the Dillon Rule and (2) working with Constitutional Officers. SUDervisor Johnson: He expressed concern that the Hewlett Packard computer upgrade was reconsidered and approved on the October 27 meeting while he was absent and on vacation. SUDervisor Nickens: (1) He advised that the VPI Extension Office will lose å 4-H Extension Agent to the City. He asked that staff ascertain whether the County is being treated equitably and to bring back a report on December 1, 1992. (2) He asked that the Clerk include in the record a letter from the William Byrd principal that states that their first priority for school facilities is schools and the second priority is use by the Recreation Department. (3) He asked that staff resolve by December 1, 1992 problems with the Vinton ladder truck. Mr. Hodge' advised that Vinton had requested bids and he will bring back a report as soon as possible. (4) He asked that the zoning notification process be brought to the Board for approval. Mr. Hodge will bring back the issue on January 12, 1993. (5) He announced that there had been a meeting on the Parkway Spur. (6) ~ ".. 8 5 7 ~~ Ii - . November 17, 1992 He .asked that Bev Fitzpatrick's letter on water and wastewater be included on the December 1, 1992 agenda under reports. ( 7 ) He announced that he was ini tiating a peti tion drive for a 1993 referendum on the election of School Board members. SUDervisor Eddv: (1) He announced that Economic Development Secretary Susie Owen was featured in the Blue Ridae Reqional Journal. (2) He advised that he will be on vacation next week. (3) He received Board consensus to express appreciation to the voters and employees for their support of the bond referendum. (4) He asked about the status of consultants from the sewage treatment Plant. Mr. Hodge advised that the participating localities had hired an engineering firm to work on allocation and expansion of the plant. If a report is ready, he will bring it to the Board on December 1, 1992. (5) He asked if Montgomery County is considering purchasing land for a landfill on Bradshaw Road near the smith Gap Landfill. Mr. Hodge advised that he understood that Montgomery County was looking at several areas for a potential landfill. He will try to get more information. (6) He announced that the County offices will be closed on Christmas Eve and New Year's Eve. (7) He asked about the legislative priority list. Mr. Mahoney advised that the Board adopted a list in May and June through VACo. Mr. Mahoney recommended setting up a meeting with the local legislators following the organizational meeting in January, 1993. IN RE: , CITIZENS' COMMENTS AND COMMUNICATIONS ~, Lisa Merrill. 10721 Bent Mountain Road. spoke in ~ ~ I I "'I11III ~ November 17, 1992 85 8 favor of a petition for elected School Board members. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports after a discussion of Item 5 and an oral report from Mr. Mahoney on Item 6. The motion carried by a unanimous voice vote. I General Fund UnaDDroDriated Balance CaDital Fund UnaDDroDriated Balance Board Continaencv Fund Statement of Treasurer's Accountabilitv Per Investments and Portfolio Policy as of October 31. 1992. ~ ReDort on ImDact of Lake Gaston PiDeline to Roanoke River Basin. supervisor Kohinke suggested writing a letter to the Roanoke River Basin organization and Virginia Beach. There was ~ ~ .L. .L. Board consensus to remain silent on this issue. ~ Oral Reoort on Dixie Caverns Landfill CleanuD County Attorney Paul Mahoney updated the Board on progress with the Dixie Caverns Landfill Cleanup. IN RE: WORK' SESSION h Discussion of the UDcomina 1993-94 Budaet I Mr. Hodge explained that this work session was set for general discussion on new revenue sources, funding for specific ~ ".. 8 5 9 November 17, 1992 programs and discussion of the budget process. There was no support for requesting a charter amendment for a cigarette tax. However, the Board supported a charter amendment for a hotel-motel tax of 6% and also expressed support for a sewer rate increase as of July 1, 1993. There was support for setting a future goal of funding the Roanoke Valley Convention & Visitor's Bureau at $1.00 per capita. Mr. Hodge gave a report on funding for the Explore Road and operations. There was general support for utilizing aspects of the "Reinventing Government" book in the budget process but there were differing opinions on how to implement them. Ms. Busher asked for support to postpone for one year the update of the Capital Improvement Program. She advised that there will be a Vehicle Replacement Program included in the budget process. IN RE: EXECUTIVE SESSION At 6:10 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (3) to discuss consideration of the acquisition of real property for public purposes; to discuss disposition of publicly held real estate (lease with Roanoke Valley Youth Soccer Club, Inc.; to discuss the assignment or appointment of specific public officers, or appointees (A-1). The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ ~ I I · - ---~- .-. ..~,-_._..__.._- -.-----.-- -~ ~ November 17, 1992 86' 0 IN.RE: CERTIFICATION OF EXECUTrvE SESSION R-111792-6 At 7:02 p.m., Supervisor Minnix moved to return to Open Session and approve the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 111792-6 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 I 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 discussedin~the executive meeting which this certification resolution applies, and I 2. only such pUblic business matters as' were identified in the motion convening the executive meeting were ~ ,... 86 ~, November 17, 1992 heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Minnix to adopt the Certif ication Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None EVENING SESSION IN RE: PUBLIC HEARINGS ~ SDecial ExceDtion Request to Build a Golf ShOD on the North End and to use the South End for a Trainina Area. 6303 williamson Road. Hollins Maaisterial' District. UDon the petition of Pete Dodd t/a Brookside Par 3. A-111792-7 Planning & Zoning Director Terry Harrington advised that this was a request to expand and operate a golf shop and training area. The current zoning is B-2 and R-1. The Planning staff found no significant impact factors and recommended approval. He described the area to be used for instructions and training. Supervisor Johnson moved to approve the special exception permit. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None ~ ~ I I I I "'I11III November 17, 1992 86 2 IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES h An Ordinance to Amend Conditions on a 1.19 Acre Parcel Zoned M-1 Conditional. Located at 6560 Commonwealth Drive. Cave SDrina Maaisterial District UDon the Petition of Carlen Controls. Inc. 0-111792-8 Mr. Harrington reported that Carlen Controls is requesting an amendment to a proffered condition from the 1989 rezoning for an industrial complex. The proffer requires a 100-foot buffer and the petitioner is requesting a reduction of the buffer to 50 feet in order to construct a 5,000 square foot building and associated parking. The building can be constructed wi thout reducing the buffer but there is a need for additional parking. The Planning Commission recommended approval of the amendment by a four to one vote. Mike Pace, attorney for Jan Oliver an adjoining property owner, spoke in opposition to the buffer reduction for the following reasons: (1) Ms. Olver bought the property relying on the 100 foot buffer; (2) the potential negative impact on the value of the property value; and (3) the continued need to protect the residential neighborhood from the industry; and (4) the need of citizens to rely on decisions made by the Board of Supervisors in rezonings. Other citizens speaking in opposition were Don Dyer, 3532 ~ ".. 8~ ~ November 17, 1992 ~ Meadowlark Road and Michael Lyndell, 3622 Meadowlark Road. Ed Natt, attorney for Carlen Controls, explained that the " company wishes to expand; however, the new building will not be in the 100 foot buffer, only the parking lot. He explained they will have two shifts with a total of 30 people working. He presented documentation showing that the homes next to the industrial area have continued to increase in value since 1987. In response to inquiries from Board members, Mr. Harrington explained that "Class E" buffering offers two options between 35 and 50 feet with a double row of evergreen trees, and that the parking plans were approved in 1989 based on the owner's plan at , the time of the application. Supervisor Minnix suggested that I the petitioners erect a privacy fence or guarantee a 50 foot buffer forever. However, County Attorney Paul Mahoney advised that the petitioner could not proffer new conditions at this time. Supervisor Minnix moved to deny the ordinance. The motion failed by the fOllowing recorded vote: AYES: Supervisors Minnix, Nickens NAYS: Supervisor Johnson, Nickens, Eddy Supervisor Nickens moved to table so that staff could work with petitioner to find another alternative to expand parking. The motion failed by the following recorded vote: AYES: Supervisors Minnix, Nickens I NAYS: Supervisors Johnson, Kohinke, Eddy Supervisor Johnson moved to approve the ordinance ~ --~._---. "--~_..._..- - ------ -- -.-. -...-.-.- --- -~. _. - .- - - .~~.~--- ~-_. --- --_.~ ~ November 17, 1992 88 '* contingent upon petitioner meeting with the, residents regarding the possibility of a privacy fence. following recorded vote: The motion failed by the AYES: Supervisors Johnson, Eddy NAYS: Supervisors KOhinke, Minnix, Nickens Supervisor Nickens moved to move the balance of agenda. Supervisor Kohinke moved to approve. Mr. Mahoney ruled that Supervisor Kohinke's motion was out of order and that the Board needed to consider Supervisor Nickens' motion first. Supervisor Kohinke moved to reconsider. This motion was ruled out of order since Supervisor Nickens' motion was still I on the floor. Chairman Eddy ruled that Supervisor Nickens' motion to move the balance of agenda was invalid. Supervisor Nickens requested a vote on the ruling of the Chairman. Supervisors - Kohinke and Eddy supported Chairman Eddy's ruling. Supervisor Johnson, Minnix, and Nickens supported denying Chairman Eddy's rUling, and Chairman Eddy's ruling failed. Supervisor Nickens moved to call for order of the day and move forward on the agenda. The motion carried by the f.ollowing recorded vote: , , , AYES: Supervisors Minnix, Nickens NAYS: Supervisors Johnson,'KOhinke, Eddy Mr. Mahoney ruled that Supervisor Nickens' motion was a I privileged motion and was not defeated by a 2/3 majority and the Board should move on to the next item. Supervisor Johnson moved to reconsider the ordinance. ~ ".. 66·5 November 17, 1992 The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy NAYS: Supervisors Minnix, Nickens Supervisor Kohinke moved to approve the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy Supervisors Minnix, Nickens' NAYS: ORDINANCE 111792-8 TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 1.19-ACRE TRACT OF REAL ESTATE LOCATED AT 6560 COMMONWEALTH DRIVE (TAX MAP NO. 87.14-3-2.1) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF M-1, LIGHT INDUSTRIAL DISTRICT, TO THE ZONING CLASSIFICATION OF M-1, LIGHT INDUSTRIAL DISTRICT/CONDITIONAL (AMENDMENT TO PROFFERS) UPON THE APPLICATION OF CARLEN CONTROLS INC. WHEREAS, the first reading of this ordinance was held on October 27, 1992, and the second reading and public hearing was held November 17, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 2, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned to M-1, Light Industrial District, with proffered conditions, on November 28, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract ,of ~ ~ I I .. . -..;- ~'..."' "'I11III 'i November 17, 1992 86 6 real estate containing 1.19 acres, as described herein, and located at 6560 Commonwealth Drive (Tax Map No. 87.14-3-2.1) in the Cave spring Magisterial District, is hereby changed from the zoning classification of M-1, Light Industrial District, to the zoning classification of M-1, Light Industrial District/ Conditional, with amended proffered conditions. 2. That this action is taken upon the application of Carlen Controls, Inc. 3. That the owner has voluntarily proffered in writing the following amendments to proffered conditions approved by the Board of Supervisors on November 28, 1989, which the Board of I Supervisors hereby accepts: (1) The property will not included permitted uses for: (a) Automobile painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling; (b) Manufacturing of pottery and figurines or other similar ceramic products; (c) Veterinary hospital and commercial kennels with exterior runs and yards; (d) Flea markets, unless a special exception has been granted by the Board of Supervisors; and (e) Seed and feed stores. I (2) A minimum 100 foot 50-foot buffer yard along the western property bounàarie6 to se otherh-ioc aàminiotercd iR ccmformance with Section 21 92 of the Zoning Ordinance; that exiotin~ ~e~etation se retained within the 100 foot suffer yard, and oupplemented where neceo6nry in order to mnintain the exiotin~ ocrccnin~ of this site from adjeinin~ reaiàeftceB. boundary shall be established. Durina develoDment. a temDorarv barrier shall be erected alona the buffer line to avoid disturbinq veaetation within the buffer yard. After completion of development. Virainia pines which. if they fell. could fall ~ ".. 86..7 November 17, 1992 ~ onto the parkina lot. shall be removed and a more desirable everqreen species shall then be planted to replace said Virqinia pines on a one-to-one ratio. (3) Sound levels shall not exceed 60 dba when measured at adjoining residences. (4) Hours of operation shall be limited from 6:00 a.m. to 11:00 p.m. on this property. 4. That said real estate is more fully described as follows: BEGINNING at an iron pin located N. 27 deg. 15' 35" E. 41.83 feet from the southwest corner of Lot 6, Block "G," Section 3 of Penn Forest (PB 6, page 83), said pin being the N.E. corner of the parcel herein described; thence N. 34 deg. 38' 24" E. 211.07 feet to a set pin; thence S. 51 deg. 23' 57" E. 264.68 feet to a set pin; thence S. 38 deg. 36' 03" W. 99.12 feet to a set pin on the right-of-way of Commonwealth Drive; thence with the right-of-way ofCommonweal~h Drive, a curve to the right with a radius of 55 feet and an arc of 109.70 I feet to a set pin; thence continuing with Commonwealth Drive with a curve to the left and a radius of 25 feet and an arc of 22.39 feet to a found pin; thence N. 51 deg. 23' 57" W. 250 feet to the Place of Beginning, containing 1.193 acres and being Tract 1 of the Southwest Industrial Park, Phase 3, as shown on a plat by John D. Abbott, P.E., CLS, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke in Plat Book 12 at page 173. 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 shall be, and the same hereby are, repealed., On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy NAYS: Supervisors Minnix, Nickens I ~ '>"<':? ~>~>,-" ..:;"+~"--':;;'>~~;:.¡- "'I11III ~ November 17,1992 86'8 . ~ An Ordinance to Rezone 4.65 Acres from M-2 to A-1 to Construct a Church. Located at 8364 Bent Mountain Road. windsor Hills Maaisterial District. Upon the Petition of Back Creek BaDtist FellowshiD. 0-111792-9 Mr. Harrington reported that the petitioner intends to operate a small church out of the existing building. There was no citizen comment at the Planning Commission and the Planning commission recommended approval by unanimous vote. I Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 111792-9 TO CHANGE THE ZONING CLASSIFICATION OF A 4.65 ACRE TRACT OF REAL ESTATE LOCATED AT 8364 BENT MOUNTAIN ROAD (TAX MAP NO. 94.00-1-57) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF M-2 TO THE ZONING CLASSIFICATION OF A-1 UPON THE APPLICATION OF BACK CREEK BAPTIST FELLOWSHIP WHEREAS, the first reading of this ordinance was held on October 28, 1992, and the second reading and public hearing was held November 17, 1992; and, WHEREAS, the Roanoke County Planning Commission held a I public hearing on this matter on November 2, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law. ~ ".. 86'9 November 17, 1992 ~ 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 4.65 acre, as described herein, and located at 8364 Bent Mountain Road, (Tax Map Number 94.00-1-57) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of M-2, General Industrial District, to the zoning classification of A-1, Agricultural District. 2. That this action is taken upon the application of Back Creek Baptist Fellowship. 3. That said real estate is more fully described as BEGINNING at an iron pin on the southerly side of U. S. Route 221, corner to C. C. Craighead property (DB 403, page 177), and being the northwesterly corner of the property previously conveyed to L&H Company; thence with the southerly side of U. S. Route 221 along the arc of a circle to the left, whose radius is 384.26 feet, whose chord is N . 83 deg. 47 ' 57" E. 100 . 07 feet, an arc distance of 100.38 feet to a point, thence still with Route 221, N. 76 deg. 18' 53" E. 325.90 feet to a point; thence along the arc of a circle to the right whose radius is 334.26 feet, whose chord is N. 84 deg. 25' 55" E. 93.68 feet, an arc distance of 94.71 feet to a point; thence with the line of another tract owned by L&H Company (DB 1160, page 218), S. 17 deg. 07' 30" W. . passing an old iron on line at 6.74 feet, in all 595.58 feet to an old iron; thence still with the line of L&H Company N. 65 deg. 12' 31" W. 250.13 feet to a point; thence N. 62 deg. 12' 31" W. 199.37 feet to an iron pin set 2 feet north of a fence post on line of Craighead property; thence with the line of craighead property, N. 9 deg. 45' 33" E. 235.57 feet to a post; thence N. 34 deg. 57' 33" E. 51.45 I follows: I ~ ~ _'.~-: jf--"~~·"1,/~t·:~ ": ·~~,>l·r' :::':..»¿:~.~':<' ""'I11III ~ November 17,1992 870 feet to the BEGINNING and containing 4.65 acres, more or less, and being as shown on a map by C. E. Lacy, Jr., October 10, 1981. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors JOhnson,Kohinke, Minnix, Nickens, Eddy NAYS: None I .L. An Ordinance to Rezone ADDroximatelv 15.38 Acres from M-2 to B-2 and Obtain a SDecial ExceDtion Permit to ÓÐerate a Golf Drivina Ranae and Golf Learnina Center Located on the East Side of Hollins Road and North of Carvin Creek. Hollins Maaisterial District. UDon the Petition of WaYne Ho1lev. 0-111792-10 Mr. Harrington advised that the petitioner desires to operate a golf driving range and golf learning center. The Planning Commission felt it was an appropriate use for the property and recommended approval. I Supervisor Eddy presented a list of proposed conditions for the Special Exception Permit, including (1) ,vegetation and trees ~ ,.. -.- --.- 87 1 November 17, 1992 ~ along the creek shall be preserved to protect water quali ty , provide a visual screening effect, minimize light glare to adjacent properties and streets. This shall not prohibit routine maintenance of trees and vegetation required for healthy growth and for safety and welfare of the public and (2) in the event stray golf balls are a problem for adjoining property owners, the owner-operator of the driving range shall be required to install netting, fencing or other methods of retaining golf balls on the site. The petition~r responded that they plan to maintain all the trees along the creek. Supervisor Johnson moved to adopt the ordinance and I approve the Special Exception Permit with condition (1) as described by Supervisor Eddy regarding the vegetation along the creek (See 5.e in ordinance). Supervisor Johnson advised it was not his intention in the keeping the site clean. recorded vote: motion to prohibit the petitioner from The motion carried by the following AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 111792-10 TO CHANGE THE ZONING CLASSIFICATION OF A 15.38-ACRE TRACT OF REAL ESTATE LOCATED ON THE EAST SIDE OF HOLLINS ROAD AND NORTH OF CARVIN CREEK (TAX MAP NO. 38.16-1-3) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF M- 2 TO THE ZONING CLASSIFICATION OF B-2 AND APPROVING A SPECIAL EXCEPTION PERMIT TO OPERATE A GOLF DRIVING RANGE AND GOLF LEARNING CENTER UPON THE APPLICATION OF WAYNE HOLLEY I '.- ~ ~, .. ,-, ~ · -:,' .~")* :~5;'1¿;,,~:-':'iL ~ ';;;:. :';,....,"-.;X "'I11III _..____ ___"__m_ -t November 17" 1992 8'] 2 WHEREAS, the first reading of this ordinance was held on October 28, 1992, and the second reading and public hearing was held November 17, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 2, 1992; and, WHEREAS, leg~l 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 I real estate containing 15.38 acres, as described herein, and located on the east side of Hollins Road and north of Carvin Creek, (Tax Map Number 38.16-1-3) in the Hollins Magisterial District, is hereby changeâfrom thè zoning classification of M- 2, General Industrial District, to the zoning classification of B-2, General Commercial District. 2. That this action is taken upon the application of Wayne Holley. 3. That said real estate is more fully described as follows: I BEGINNING at the southeasterly intersection of Plantation Road and Hollins Road, said point being 60 feet northeast from the Roanoke County/Roanoke City line; thence following the southerly right-of-way of Hollins Road, the next 5 calls: N. 80 deg. 15' E. 105 feet; N. 47 deg. 45' E.~·> 70 ' feet; a curve to the left bearing N. 47 deg. 45' E. with a radius of 375 feet and length of 143 feet; N. 31 deg. 38' E. 325 feet; and a curve to the right bearing N. 39 deg. 15 E., with a radius of 285 feet and length of 205 feet to a point in th~ center of Tinker Creek; thence with the centerline of Tin~er Creek as it meanders approximately S. 44 deg. 30' E. '~ - .,- ~ ,... 81]'J: November 17, 1992 ~ 830 feet; thence still with the centerline approximately S. 19 deg. 55' E. 550 feet; thence S. 22 deg. 15' W. 80 feet to a point in the center of Carvin Creek; thence with the centerline of Carvin Creek the next 7 approximated calls: N. 31 deg. 25' W. 90 feet; N. 64 deg. 04' W. 295 feet; N. 67 deg. 32' W. 280 feet; N. 75 deg. 12' W. 190 feet; N. 88 deg. 01' W. 255 feet; N. 68 deg. 45' W. 205 feet; N. 74 deg. 00' W. 150 feet to a point on the eastern right-of-way of Plantation Road; thence N. 1 deg. 55' E. 60 feet to the Place of Beginning and containing approximately 15 acres. 4. That a Special Exception is hereby granted to operate a golf driving range and golf learning center on the property identified in paragraph 3 above in accordance with section 21-24- 2 of the Roanoke County Zoning Ordinance and Chapter 6 of the Roanoke County Code. g::~:::::¡:¡:::::::::::j~I~ël;!i:::I:::.m:::::::j:::I!!E!ij:j:~:j:j:~I:!IP:i¡ñ!!:I:jHi9B~::~~:~:::liñ!:jjj:::::::g!n~!:j:::::¡:::~gì~!im::::£BlIí. ~~ I 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Johnson to adopt the ordinance, and approve the special exception permit with condition (a) and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy I NAYS: None ~ ~ . ;;- _".;;" ,~.~::~~.;",;r"-.'C' , ;'i. -. \"_.<~:.:_. :;.~..~~; "'.' "'I11III _'__O__U_ __ ____0 ... November 17,1992 ,87,4 .L. An ordinance to Amend Conditions on a 24.94 Acre Tract. Located on the West Side of Colonial Avenue. ODDosite the Oaden Road Intersection in the Cave SDrina Maaisterial District. UDon the Petition of Occidental DeveloDment. Ltd. I I 0-111792-11 County Attorney Paul Mahoney reported that this is an attempt to find some agreement to settle pending litigation'with Occidental Development. Occidental has volunteered to eliminate any three-bedroom apartments and will limit the two-bedroom units to 148. Supervisor Minnix advised he met with the Georgetown Park civic Association on October 11 and the members were unanimous in their support. Don Wetherington, attõrney for Occidental, advised that the only change to the rezoning and condi tions is the number of bedrooms. The following citizens spoke: 1. Mark Seiler. 3741 Old Towne Road. supported the amended condition but expressed concern on traffic on Colonial Avenue and the impact to Green Valley Elementary School from additional students. 2. Alan Oberlin. 6611 Suncrest Dr. spoke in favor of the project but was concerned about drainage and runoff. Supervisor Minnix moved to adopt the ordinance amendinq the conditions. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy ~ ,.. .s '87,5 November 17, 1992 ~ NAYS: None ORDINANCE 111792-11 AMENDING PROFFERED CONDITIONS ON THE REZONING OF A 24.94-ACRE TRACT OF REAL ESTATE LOCATED ON THE WEST SIDE OF COLONIAL AVENUE OPPOSITE THE OGDEN ROAD INTERSECTION IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3, CONDITIONAL, TO THE ZONING CLASSIFICATION OF R-3, CONDITIONAL (MODIFICATION TO PROFFERED CONDITIONS) UPON THE APPLICATION OF OCCIDENTAL DEVELOPMENT LTD. WHEREAS, this property was rezoned from R-1, Single-Family Residential District, to R-3, MUlti-Family Residential District, with proffered conditions in september of 1988; and WHEREAS, the Roanoke County Planning commission held a public hearing on this matter on August 7, 1990; and WHEREAS, the first reading of this ordinance was held on I August 14, 1990; and the second reading and public hearing was held on August 28, 1990; and WHEREAS, this application was denied by the Board of Supervisors of Roanoke County, Virginia, on August 28, 1990, and Occidental Development Ltd. challenged this denial in the circuit Court of Roanoke County, Virginia; and WHEREAS, Occidental Development Ltd. proposed revised proffered conditions to settle this litigation and a public hearing thereon was held on November 17, 1992; and WHEREAS, legal notice and advertisement has been provided as required by law.- BE IT ORDAINED by the Board of Supervisors of Roanoke I County, Virginia, as follows: 1. That the zoning classification of a certain tract of ~ ~ - ~-~---~---~ --~-~--~-~------ - -~--- ~ November 17, 1992 , 876 real estate containing 24.94 acres, as described herein, and located on the west side of Colonial Avenue opposite Ogden Road intersection in the' Cave Spring Magisterial District is5i' hereby changed from the zoning classification of R-3, Conditional. with proffered conditions, to' the zoning classification of ..~ R-3, Conditional with amended proffered conditions. 2. That this action is taken upon the application ,. of Occidental Development Ltd. 3. That the owners have vOluntarily proffered in writing the following amendments to the conditions approved by the Board I of supervisors in september of 1988, which the Board of Supervisors hereby accepts: I (1) Olde Towne Road, Ashmeade Drive, and Greencliff Road will not be extended beyond their present terminuses àt the boundary of the referenced parcel or otherwise used for vehicular access to or' from the parcel. (2) No more than eleven dwelling units per acre.:wilL. be' constructed on~' the land. No, more' thàn'~'two ' hundred sixty-four dwelling units will... be: constructed in the entire development. He ." mere, thaft thirty tve àwellifttj uftita will eentaiø as· 1Ilafty as three Boàreems. No more than one'.hundred forty ot:àer eiaht dwelling units will contain' as many as two bedrooms. No dwelling unit will contain more than t:Rrec two bedrooms. " . , ^ ,. '. _7~;~~\:' ' . ~ . ':,""'~!.J;.t,:~.,;, _ ~~ 0, ,,- -:~~\J- ,,' - .: ~, ·.:~i,-. ,;; .' ,:~~ré~Fr1::t:Yii~}~~;~~;-~~Ti~~iJ.~:~:<,_\ (3)' Access to Petitioner's,:irltended development~;:Wit.hirï.u-"-+'i' i"",,:,-,,·t.J:1e .. J?~rcel w~~l,_" l?~:;-;~Y''':i, ~'!;. ~_!~C.Jl~.:, ,.~~~~~E!~~;~~~;';::' ,¿:'f;¡;'í~~;;¿polon1al..' Avenue'-:;' att::1'ts:;;: 1ntersection2:t;w;j)E!i~'~~n ';~JWW~3~'={i' ~,:~.;~,.,' ,,'~\;f:'''''<~7''~:;'~"~\~';~~~~~;:''' .>, ( 4), Development of the land in substantial conformi ty to the concept. p¡an';. dated. August 3, 1990, bY·Buford T. Lumsden &, Assoc';;', a~; copy of which plan has been submitted with:: pf[!ti~ tioner's application. However, Petitioner~-: may elect to construct fewer buildings and dwelling ~....~- ; ~ ,... \ 877 November 17, 1992 ~ units ~hen depicted on the concept plan. (5) Area lighting in the immediate vicinity of adj acent residential properties will be focused toward the interior of the project to avoid unnecessary glare and distraction to neighboring residents. Freestanding light poles will not exceed 20 feet in height, and the intensity of the lighting will not exceed 2-foot candles on the ground beneath the lamp. (6) No building will be constructed closer than 100 feet to the Georgetown Park Subdivision. (7) Buffering of the type described as Type C-Option 2 in the ordinance will be provided along the bound- ary of Georgetown Park and Greenwood Forest where existing natural growth specifies a 25-foot buffer yard with small evergreen trees (having an ultimate height of 15 feet or greater and planted each 15 linear feet) and evergreen shrubs (having an ultimate height of 6 feet or greater, at least 18 inches at time of planting and planted each I five feet). Planting will occur as soon as feasible in the course of construction. (8) All dumpsters will be screened by solid wooden fencing and landscaping. No dumpster will be closer than 75 feet to Georgetown Park or Greenwood Forest. 4. That said real estate is more fully described as follows: ~ BEGINNING at Corner 1, an iron pin set on the western line of Colonial Avenue (having a right-of-way of varying width) at the northeast corner of property now or formerly belonging to Charles A. Bushnell and Nellie E. Bushnell; thence N. 44 deg. 58' 00" W. 519.26 feet to a marked 12" hickory; thence N. 31 deg. 33' 00" E. 352.10 feet to a set iron pin; thence N. 53 deg. 34' 00" W. 652.50 feet to a set pin designated Corner 4; thence N. 23 deg. 13' 07" E. 446.16 feet to a set iron pin; thence N. 23 deg. 45' 07" E. 370.00 feet to an existing iron pipe; thence So 50 deg. 43" 51" E. 1,237.80 feet along the line of property now or formerly owned by the City of Roanoke to a set iron pin I designated Corner 7 on the western side of Colonial Avenue; thence (and with all remaining courses along . the western side of Colonial Avenue) S. 31 deg. 30' 35" W. 205.68 feet to a point; ,thence N. 58 deg. 29' 25" W. ------ ---------~-~--- "'I11III --- ---------- ------- - --.------------- ~ November 17, 1992 878 I 9.00 feet to a point; thence S. 31 deg. 30' 35" W. 10.00 feet to a point; thence S. 58 deg. 29' 25" E. 9.00 feet to a point; thence S. 31deg. 30' 35" W. 81.00 feet to a point; thence N. 58 deg. 29' 25" W. 81.00 feet to a point; thence N. 58 deg. 29' 25" W. 9.00 feet to a point; thence S. 31 deg. 30' 35" W. 10.00 feet to a point; thence S. 58 deg. 29' E. 9.00 feet to a point; thence S. 31 deg. 30' 25" W. 370.32 feet to a point; thence with a curve to the left, whose radius is 2,316 feet and whose chord bearing and distance are S. 27 deg. 35' 35" W. 316.50 feet, the arc distance of 316.75 feet to a point; thence s. 23 deg. 40' 35" W. 37.69 feet to a point designated Corner 18; thence with a curve to the left whose radius is 2,839.79 feet and whose chord bearing and distance ara S. 25deg. 06' 08"; W., 141.30 feet, the arc distance of 141.32 feet to Corner 1 and the point of beginning, containing in' the aggregate 24.94 acres and being designated as Tract #1, all according to that certain plat of survey entitled "Plat showing property of Catherine, Aicagurre Ronk" dated April 25, 1988, by Buford T. Lumsden & Associates, P.C., the details of which plat are incorporated herein by this reference. That this ordinance shall be in full force and effect 5. 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 Minnix to adopt the ordinance" and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None -'.- ,;,,',-. : ,~1:~;~~;:?¥¿',¿i; C!îiliriîan Ëddy·.dé~i¡réd " a, ten-mIriute'~:~ecess ' at, Š:;4tÇ,þ ',m.. ," IN,RE: JOINT' MEETING WITH. SCHOOL BOARD I":,, " !.L ReDort and Recommendation concerninq' SDaceNeeds for the County and County Schools Administration. . ,... .....'. , ' ~ ,... ;87'9 November 17, 1992 Chairman Eddy reconvened the Board of Supervisors and School Board Chairman Frank Thomas called the School Board to order. Mr. Hodge reported that as a resul t of the space needs study, a team was established consisting of representatives from both the County and Schools to discuss the possibility of financing a new facility. The Jones & Jones Associates study identified a need of 10,000 additional net square feet and the school personnel have indicated a need for an additional 5,000 square feet. Mr. Hodge presented several alternatives for acquiring the ,additional space, recommending that the School Administration move to the present Roanoke County Occupational School and that the County purchase the Travelers Building to house the County administration. School Superintendent Bayes Wilson advised that the School Administration will construct a wing a Northside High School to allow the transfer of ninth graders to that school. This would allow the sixth graders to move to Northside Junior High. The current students at RCOS would be mainstreamed eliminating the need for that school. The School Administrative offices would move to RCOS. Mr. Hodge further explained that the Social Services and Health Department would move into the current school offices on College Avenue. He advised that staff is still discussing future plans for use of the current Administration Center. Finance Director Diane Hyatt presented the capital costs to makes these moves. They include: (1) $2,820,000 for the ~ ~ I I ---- ~-~------ -~----------~~------ -~- - - - ~ ~~~ ~---- - ~-~----~--~- -----~-- - _____~__ _u ...' ___ -.-.-- ._, .----- ~--,-~--------- --~------~ ~ November 17, 1992 a8 0 . ,.,.. Travelers Building; (2) $2,310,000 for the Northside/RCOS move; (3) $900,000 for renovation of existing buildings plus insurance and debt services costs. The total costs would be $4,320,00 in Revenue Bonds and $2,310,000 in VPSA bonds. Dr. Wilson'advised they would apply for bonds next fall and could move into RCOS in the summer of 1994. Ms. Hyatt reported that $350,000 would be needed from the Fund Balance only in 1993- 94. Supervisor Johnson announced that he would abstain because his company manages the Travelers Building. Supervisor Eddy advised that he supports the School Board, Social Services and I Health Department moves, but opposes the purchase of the Travelers Building because of the additional cost and perception of the citizens. Supervisor Minnix spoke in support of the move. School Board Chairman Thomas advised that the School Board strongly supports the~plan and will act on the VPSA resolution in December. Supervisor Nickens moved as follows: (1) authorize staff to finalize a sale contract for the Travelers Building; (2) authorize. staff to negotiate terms with current lessees of·' the búilding; (3) authorize staff to work with the IDA to create a '. '<~~~~\1/'.:~¡\::finiinÓ'irlqj",',,·p·;åckag·· e for: ap'proximàtely' -"$')4~320 oOÓ' , <i" ..... ·,':"é'" . . . . . . , , , .,.,". (4) reserve -'$350,0'åo'from"the General Fund Unappropriated Fund Balance ¡; which in addition to the· County debt drop-off,'will cover the estimated operating shortfall for the 1993-94 fiscal year; and (5) recommend that the School Board adopt a resolution to apply to I··, . . ) .~ II"'" .88 1 .... November 17, 1992 ~ ~ the VPSA Fall 1993 sale for $2,310,000. The motion carried by the following recorded vote: AYES: Supervisors KOhinke, Minnix, Nickens NAYS: Supervisor Eddy ABSTAIN: Supervisor Johnson IN RE: ADJOURNMENT At 9: 30 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote. Lee B. I I