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HomeMy WebLinkAbout3/26/1991 - Regular March 26, 1991 1 5 1 = Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 March 26, 1991 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of March, 1991. IN RE: CALL TO ORDER Chairman McGraw called the meeting to order at 1:10 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Steven A. McGraw, Vice Chairman Harry C. Nickens, supervisors Lee B. Eddy, Bob L. Johnson, Richard W. Robers MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, county Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; John R. Hubbard, Assistant County Administrator; Don M. Myers, Assistant County Administrator; Anne Marie Green, Information Officer 152 March 26, 1991 J..l'.1 K.ti: U~.ti.l'.1J..l'.1~ C.ti.K.tiMO~IE8 i- '-- The invocation was given by the Reverend William A. Cole, Interim Minister, Colonial Presbyterian Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF THE AGENDA ITEMS Supervisor Eddy requested that the Executive Session be held after the Work Sessions were completed. IN RE: NEW BUSINESS ~ Conqressman Olin's request for support of the Roanoke River Parkway and Visitors Center. R-32691-1 County Administrator Elmer Hodge introduced Congressman Jim Olin who made a presentation to the board concerning the Roanoke River Parkway. Others present were: Tom Brown, Associate Regional Director, u. S. Department of the Interior, National Park Service, from Atlanta; Gary Everhart, Superintendent, Blue Ridge Parkway; Bob Hope, Lynn Davis, and Pinky Dayton, Roanoke River Parkway; Bern Ewert, Richard Burrow, and Rupert Cutler, Explore Project; Brad Corcoran, and Bob Benninger ,_Town of Vinton; John Hubbard, Assistant County Administrator; Joyce Waugh, Economic Development Specialist; and Jack 153 March /.6, ,qq, --------- Parrott, Landfill Board. Congressman Olin explained that the proposed Roanoke River Parkway, a two and one-forth mile spur from the Blue Ridge Parkway to the Explore Park across the Roanoke Regional Landfill, will provide a scenic highway and the only public access into the Explore Park. The Roanoke River Parkway will be built by the National Park Service, Federal Highways Administration and the Virginia Department of Transportation. The Department of the Interior is also planning a Visitor Center which would be located near the intersection of the Blue Ridge and Roanoke River Parkways. Congressman Olin displayed several maps and pointed out the locations of the Roanoke River Parkway, Area A of the Landfill, the Explore Park, various suggested sites for the Visitors Center, and the amount of land already acquired by Explore. Since the landfill property is currently used by Roanoke County, Roanoke City and Vinton, Congressman Olin is requesting that each locality agree not to use Area A of the Roanoke Valley Regional Landfill because the Parkway cannot be build upon land that has been used for a landfill. He also requested that the County convey the landfill property to the National Park Service for the Parkway at the appropriate time. Supervisor Nickens expressed appreciation to Congressman Olin for his initiative in going forward with this project. Mr. Brown assured the board that the Park Service will cooperate to have the project completed in order to keep the 1994 deadline for the Explore Park. 15 4 ~ March 26, 1991 - Supervisor Johnson stated that he would not support an extension into Area A of the current landfill, and questioned when the Landfill Board would close the discussion on using Area A. John Hubbard advised that the Smith Gap Landfill should be operational by January 1993 and current state legislation would allow the use of the existing landfill through January, 1994. Mr. Hubbard felt that there is a joint effort by all concerned to move into the new landfill by January 1993, and to use the existing landfill area without having to use Area A. Supervisor Nickens stated he opposed extending the landfill into Area A. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None Supervisor Nickens requested that copies of the resolution be sent to the Town of Vinton, Roanoke City and other elected officials. RESOLUTION 32691-1 OF ROANOKE COUNTY SUPPORT FOR THE ROANOKE RIVER PARKWAY AND VISITORS CENTER WHEREAS, Roanoke County considers Explore and related elements, i.e. Roanoke River Greenway, Parkway and Visitors Center, to be one of its most important economic development priorities; and WHEREAS, the preferred route of the Roanoke River Parkway is across part of the current Roanoke Valley Regional Landfill, including Area "A", which has not been used for fill operation; and 155 --------- March /.6, , qq, WHEREAS, it is anticipated that the smith Gap Landfill will open before it is necessary to use Area "A" for disposal of solid waste; and WHEREAS, the final disposition of the Regional Landfill property will be determined by the governments currently using the facility - the City of Roanoke, the County of Roanoke, and the Town of Vinton. NOW, THEREFORE, BE IT RESOLVED, by the Roanoke County Board of Supervisors, that Roanoke County will prepare the new landfill at Smith Gap as quickly as possible, so that the current facility will be available for the Parkway Route; and FURTHER, BE IT RESOLVED, that the Board of Supervisors reaffirms its pledge to use the Roanoke River Parkway as the only public access to the Explore Park, scheduled to open its first phase in 1994; and FURTHER, BE IT RESOLVED, that tþe Board of Supervisors is willing to convey the County's interest in the Regional Landfill property to the National Park Service for the Parkway at the appropriate time. On motion of Supervisor Nickens to adopt resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Robers, Johnson, Nickens, McGraw None ~ Request from Roanoke County Firefiqhters for payroll deduction of dues. A-32691-2 Mr. Hodge advised that the County Attorney had researched this request and recommended that the matter be referred to the County Administrator for a final decision in accordance with the County 156 ¿, March 26, 1991 - - Charter. Supervisor Johnson expressed his concern about the relevance of several of the cases cited in the County Attorney's legal opinion. Supervisor Nickens moved to deny the request. The motion was defeated by the following recorded vote: AYES: Supervisors Nickens NAYS: Supervisors Eddy, Robers, Johnson, McGraw Supervisor Nickens moved the staff recommendation to refer the matter to the County Administrator for a final decision. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None Mr. Hodge was directed to report to the Board a final decision within two weeks. Mr. Bruce Roy, speaking on behalf of the Roanoke County Fire Fighters Association, advised that they are not asking for binding arbitration but for the same parity as being extended to the Roanoke County Teachers Association. ~ Consideration of participation in 1991-92 VDOT Revenue Sharinq Proqram. (CONTINUED FROM MARCH 12. 1991) A-32691-3 Mr. Hodge advised that further staff study as requested by the board indicated that it is advisable for the Board to declare their intent to participate and it would be possible to reject March 26, ]991 157 ~ - participation at a later date if funds were not available. Supervisor Robers moved the staff recommendation to submit the letter of intent to participation to the Virginia Department of Transportation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None In response to Supervisor Eddy's inquiry, Mr. Hodge advised that the letter of intent would be for $500,000. ~ Adoption of Resolution recoqnizinq The Arts Council of the Blue Ridqe. R-32691-4 Supervisor McGraw advised that the Arts Council of the Roanoke Valley recently changed its name to the Arts Council of the Blue Ridge and requested support from Roanoke County for the continued success of this organization. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None RESOLUTION 32691-4 IN RECOGNITION OF THE ARTS COUNCIL OF THE BLUE RIDGE WHEREAS, The Arts Council of the Blue Ridge (formerly known 15 8 March 26, 1991 = as The Arts Council of the Roanoke Valley) was formed as a non-profit corporation in 1979; and WHEREAS, the purpose of The Arts Council of the Blue Ridge is to promote and advocate the arts, to develop arts audiences and educational programs and to provide services for artists and arts organizations in the County of Roanoke and in the Blue Ridge Region; and WHEREAS, The Arts Council of the Blue Ridge desires to stimulate greater governmental and public awareness of the importance of the arts: and WHEREAS, The Arts Council of the Blue Ridge wants to support the County of Roanoke's own artists, institutions, organizations and audiences; and WHEREAS, The Arts Council of the Blue Ridge is a service agency, with the primary emphasis on existing local arts organizations and artists: and WHEREAS, The Arts Council of the Blue Ridge is recognized by the Virginia Commission of the Arts, and the National Endowment of the Arts as the appropriate body to disseminate information to County organizations and artists. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that The Arts Council of the Blue Ridge shall be recognized as the appropriate organization to advise the Roanoke County Board of Supervisors on development of the arts in the County of Roanoke. On motion of Supervisor Nickens to adopt resolution, and - March 26, 1991 159 .......... carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Proclamation declarinq week of April 6 throuqh April 13. 1991 as National County Government Week. Chairman McGraw presented the proclamation to Anne Marie Green, Public Information Officer, who described the various events planned for the week. Supervisor McGraw moved to approve the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None ~ Proclamation declaring April 29. 1991. as Lions Information Day. Chairman McGraw presented the proclamation to Mr. Don Rhinehart, District Governor, Jack Davis, Region II Chairman, and several other Lions Club members. Supervisor Eddy moved to approve the proclamation. The motion carried by the following recorded vote: 16 0 ? March 26, 1991 - - AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None Chairman McGraw recognized The Honorable Jack Shelton, Mayor, Bedford City, who signed a proclamation on behalf of Bedford City and presented it to the Lions Clubs members. IN RE: REQUESTS FOR WORK SESSIONS Supervisor Nickens requested a work session on the Therapeutic Program of the Parks & Recreation Department be held on April 9, 1991. IN RE: - REQUEST FOR PUBLIC HEARING AND FIRST READING FOR REZONING ORDINANCE - CONSENT AGENDA Supervisor Johnson moved to approve the first reading and set the public hearing for April 23, 1991. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None 1. An ordinance to amend proffered conditions on approximately 6.1 acres, to remove the condition requiring brick and wood siding, located east of Route 706 approximately .1 mile south of intersection with Electric Road, Cave Spring Magisterial District, upon the petition of Robert E. Glenn. 1·, 6 1 ;¡ .~ ==; March 26, 1991 IN RE: FIRST READING OF ORDINANCES ~ Ordinance authorizinq the acquisition of a 0.108 acre parcel of land from Mamie E. Webster for the Bushdale Road Rural Addition proiect. Supervisor Nickens moved to approve the first reading of the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None IN RE: SECOND READING OF ORDINANCES ~ Ordinance authorizinq the sale of 1.5 acres in Shamrock Park. 0-32691-5 Supervisor McGraw, citing a direct business relationship in regard to this property, left the stage, turning the chair over to Vice Chairman Nickens. Economic Specialist Brian Duncan advised that the company plans to produce a high-tech electric lock and a formal announcement will be made at a later date. In response to concerns from the Board at the last meeting, Mr. Duncan advised that the previous selling 2 .,< '\ ß G', March 26, 1991 - - price for land was $23,000 an acre. The price of $19,750 for this request was arrived at because the major portion of the property is in the flood zone. After discussion concerning the price of the land, Supervisor Nickens moved that this land be made available to this developer at a price of not less than $23,000 per acre. There was no vote. Supervisor Nickens moved that this land be sold at $23,000 per acre and directed staff to attempt to gain agreement with the interested party, and if not, leave in surplus category. There was no vote. Supervisor Eddy offered a substitute motion to approve the staff recommendation authorizing the sale at $19,750 per acre. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson NAYS: Supervisor Nickens ABSENT: Supervisor McGraw ORDINANCE 32691-5 ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF 1.5 ACRES, MORE OR LESS, IN THE SHAMROCK PARK BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus and is being made available for other public uses, i.e. economic development: and 163 = March 26, 1991 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on March 12, 1991: and a second reading was held on March 26, 1991, concerning the sale and disposition of 1.5 acres, more or less, in the Shamrock Industrial Park; and 3. That an offer having been received for said property, the offer of Plantation & Kanter to purchase 1.5 acres, more or less, for $19,750.00 per acre is hereby accepted; and 4. That all proceeds from the sale of this real estate are to be allocated to the Capital Projects Fund pursuant to Section lG.01 of the Roanoke County Charter: and 5. That the County shall reserve a 20 foot sanitary sewer easement in the conveyance of said property. 6. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. On substitute motion of Supervisor Eddy to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson NAYS: Supervisor Nickens ABSENT: Supervisor McGraw IN RE: APPOINTMENTS ~ Transportation and Safety Commission 164 March 26, 1991 - Supervisor Eddy nominated Art LaPrade as Police Department Representative; Fred C. Altizer, Jr., as Virginia Department of Transportation Representative: and Jackie Talevi, as Legal Representative to another four-year term. These terms will expire April 1, 1991. After discussion, it was the consensus of the board that the board liaison to this committee be eliminated and a citizen appointment added. ~ Roanoke Valley Reqional Solid Waste Manaqement Board Supervisor Johnson nominated Supervisor Nickens to serve during the transition period. After discussion, Supervisor Johnson withdrew the nomination and directed the staff to bring back a list of potential candidates for board consideration. County Attorney Paul Mahoney was directed to review the County Residency Policy in order to determine if this policy prohibited staff members who do not live in Roanoke County from participating on committees. IN RE: CONSENT AGENDA R-32691-6 In response to an inquiry from Supervisor McGraw concerning his membership in Moose Lodge #284 which has requested a raffle permit, County Attorney Mahoney advised that abstainment was not March 26, 1991 1 6 ~ '0 --------- necessary Slnce this can be considered a matter of general application. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None RESOLUTION 32691-6 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 March 26, 1991, 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 through 5, inclusive, as follows: 1. Abandonment of 0.08 mile of Bradshaw Road (Route 622) in the Virginia Department of Transportation Secondary System. 2. Approval of raffle permit - Loyal Order of Moose Lodge #284. 3. Approval of raffle permit - Knight's Booster Club of Cave spring High School. 4. Acceptance of water facilities serving Tini World Child Care Center. 5. Approval of raffle and 50/50 raffle permit - Cave Spring American Baseball League, Inc. 2. That the Clerk to the Board is hereby authorized and 16 6 March 26, 1991 - directed where requirea by iaw to set forth upon any of said items the '- separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR EDDY: (1) He reported that the school administration has formed a recycling advisory committee and he attended the first meeting. (2) He advised that Amanda Guyre, a student from Cave Spring High School, has asked to videotape the April 9, 1991 board meeting and was advised that the board had no objections. (3) He requested that Mr. Hodge prepare a draft presentation for the April 8, 1991, Virginia Department of Transportation annual pre-allocation hearing for primary, urban and interstate highways and submit to board for suggestions. Mr. Hodge reported that the staff is working on a draft to be sent by end of the week. (4) He requested an update on extending Allied Signal sewer lines to Dixie Caverns for leachate removal. Mr. Hodge advised that bids for construction of the line have been sent and are expected back before April 15, 1991. SUPERVISOR ROBERS: (1) He has received a number of calls from citizens concerned about the County discontinuing the leaf collection program. Mr. Hodge suggested that this could be discussed 16 7 --------- March /.6, _ 1991 at the budget work session. (2) He requested clarification of the potential cut back of early retirement opportunity for emergency workers. Mr. Hodge suggested that this be discussed at the budget work session. SUPERVISOR MCGRAW: (1) He reported on the VACo/VML annexation task force meeting held in Roanoke on March 22 and 23, 1991, and advised that the Grayson Commission agreement will be finalized by the end of June or July. (2) He advised that the VACo Board of Directors meeting for Spring will be held at the Tanglewood Holiday Inn on April 13 and 14, 1991, for approximately one-third the cost of previous meetings. (4) Supervisor McGraw reported that he had read Supervisor Eddy's Windsor Hills Reporter regarding action taken by the Board on March 12, 1991, in setting the tax rates for the advertised public hearing. He pointed out that during the 1990-91 budget process, he opposed decreasing the real estate tax rate from $l.l5 to $l.13. Supervisor Eddy responded that he did not necessarily support a tax increase but was opposed to setting the rates until an analysis could be conducted on the potential revenue that could be generated from an increase. IN RE: REPORTS Supervisor Johnson moved to approve the reports listed The motion carried by the following recorded vote: Supervisors Eddy, Robers, Johnson, Nickens, McGraw None 1. Board Contingency Fund below. AYES: NAYS: 16 8 March 26, 1991 - --------- 2. General Fund Unappropriated Balance 3. Accounts Paid - February 1991 4. statement of income and expenses for the eight months ended February 28, 1991. IN RE: TWO MINUTE RECESS IN RE: COUNTY BUDGET WORK SESSION Mr. Hodge presented copies of the proposed budget for 1991- 92 to the board members and advised that the County budget is out of balance by $340,000. He reported that additional cuts may be made by the state. There was a discussion of the items shown on the Summary of Possible Budget Cuts totaling $337,977. Mr. Hodge advised that a contingency reserve of $300,000 has been established because of the uncertainty of the economy and the possibility of further state reductions. Mr. Eddy requested that the staff prepare an analysis of the impact on the budget for the early retirement of public safety employees. Mr. Eddy requested that the staff prepare a year-to-year uniform vehicle replacement policy and fund it at a certain amount every year. After discussion, it was the consensus of the board that the supervisors would review the proposed budget and submit any questions to Mr. Hodge by April 2, 1991, so that staff could report back at the 16 9 --------- MarC'!h ?f\, 19q1 April 9, 1991 meeting. Supervisor Johnson requested that the two-year budget previously asked for by the board be submitted before the next meeting. He also suggested that in the future, any information necessary for a work session would be delivered before the time of the session. IN RE: TWO MINUTE RECESS IN RE: JOINT BUDGET WORK SESSION WITH SCHOOL BOARD Mr. Frank Thomas, Chairman of the School Board, and Dr. Bayes Wilson, Superintendent, commented on the school budget which was $366,000 out of balance. Dr. Wilson explained the $366,040 cuts which were made in order to balance the budget. Dr. Wilson advised that the Capital Improvement Project update will be sent to the board with the final budget. Supervisor Nickens suggested that any bond referendum be set at the time of a general election in order to save expenses. IN RE: REDISTRICTING WORK SESSION The presentation was made by Paul Mahoney, County Attorney, Elizabeth Leah, Registrar, and Terry Harrington, Planning & Zoning Director. On display were a series of maps showing the present districts, and the proposed districts, with changes highlighted on 170 March 26, 1991 - each map. There were seven options discussed. IN RE: REGULAR SESSION Chairman McGraw declared the board back in regular session. IN RE: REDISTRICTING Supervisor Nickens moved to include in Roanoke County Today and advertise in area newspapers, the sUbmission to the Justice Department of Option A, with five districts, highlighting the four areas projected for change, with a public hearing to be held on April 9, 1991, and the second reading of the ordinance to be held on April 26, 1991. AYES: NAYS: Supervisors Robers, Johnson, Nickens, McGraw Supervisor Eddy IN RE: RECESS FOR DINNER AND EXECUTIVE SESSION At 6:00 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia section 2.l-344 (a) (l) to consider a personnel matter (7) to discuss a specific legal matter with respect to potential litigation and violation of zoning ordinances (7) to discuss a specific legal matter concerning negotiations with respect to a landfill use agreement (7) to discuss a specific legal matter concerning Item T-391-4 on the March 26, 1991 Board's agenda. IN RE: RECONVENEMENT March 26, 1991 1 ì 1 -- At 7:00 p.m., Chairman McGraw reconvened the meeting. IN RE: CERTIFICATION OF EXECUTIVE SESSION R-32691-7 At 7:05 p.m., Supervisor Nickens moved to return to Open Session and adopt the certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None RESOLUTION 32691-7 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 , 172 2' March 26, 1991 the motlon convening the executive meeting were heard, discussed or - considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Nickens, and carried by the fOllowing recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None EVENING SESSION (7:00 P.M.) IN RE: PUBLIC HEARINGS 391-1 Public Hearing to receive citizen comments on the Six Year Construction Plan for 1991-97 VDOT Secondary System. Mr. Fred Altizer, Jr., Resident Engineer, VDOT, was present to answer questions. There were no citizens to speak regarding the Six Year Construction Plan. Supervisor Nickens moved to approve the staff recommendation and that no further study be done by the staff and no changes in the way that the six year plan is done. The motion carried by the following recorded vote: AYES: Supervisors Robers, Johnson, Nickens, McGraw NAYS: Supervisor Eddy IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCE 391-2 Ordinance amending Chapter 21 Taxation of the March 26, 1991 173 ~ oano e Coun y Code by the addition of section 21- 5 Admissions Tax, Section 21-6 Collection of Admission Taxes: Records, Section 21-7 Enforcement: Penalties: violations. Mr. Mahoney advised that the proposed ordinance would impose an admissions tax on applicable public entertainment, performances and sporting events. Ms. Busher, Director, Management & Budget, estimates that the possible revenue from a 5% admissions tax would be approximately $50,000 per year. Responding to Supervisors Nickens' question, Mr. Mahoney advised that the ordinance had been advertised without any percent for the tax rate. Supervisor Nickens moved the first reading of the ordinance with the insertion of a figure in Items C, D, and E, not to exceed the state allowed maximum. Being advised by Mr. Mahoney and Supervisor Johnson that a specific percent would be preferred, Supervisor Nickens amended his motion to approve the first reading of the ordinance with 10% inserted in items C, D, and E which is the maximum allowable by State Code. The motion carried by the following recorded vote: AYES: Supervisors Robers, Johnson, Nickens, McGraw NAYS: Supervisor Eddy Mr. Mahoney advised Supervisor Eddy that the ordinance as written does apply to the Town of Vinton but Vinton could enact an admissions tax also. Mr. Eddy expressed concern at setting the tax rate at 10% instead of the 5% admissions tax rate currently in place for the Cities of Roanoke and Salem. .. 174 March 26, 1991 - i== IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 391-3 An ordinance to rezone a .324 acre tract from B-1 to B-2 to operate a video repair business in an existing structure located at 3556 Brambleton Avenue, Cave Spring Magisterial District upon the petition of Erwin B. Richards. 0-32691-8 Mr. Harrington presented the staff report and reported that the Planning commission evaluated the request and found no significant impact factors. There is one proffer which restricts the use of the property to office uses, sales, service and repair of small consumer products. There were no citizens requesting to speak on this ordinance. Supervisor Robers moved to approve the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None ORDINANCE 32691-8 TO CHANGE THE ZONING CLASSIFICATION OF A .324 ACRE TRACT OF REAL ESTATE LOCATED AT 3556 BRAMBLETON AVENUE (TAX MAP NO. 77.10-6-12) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-1 TO THE ZONING CLASSIFICATION OF B-2 WITH CONDITIONS UPON THE APPLICATION OF ERWIN B. RICHARDS WHEREAS, the first reading of this ordinance was held on February 26, 1991, and the second reading and public hearing was held March 26, 1991; and, WHEREAS, the Roanoke County Planning Commission held a public --------- March 26, 1991 175 hearing on this matter on March 5, 1991: and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing .324 acre, as described herein, and located at 3556 Brambleton Avenue, S.W., (Tax Map Number 77.l0-6-l2) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of B-1, Office District, to the zoning classification of B-2, General Commercial District. 2. That this action is taken upon the application of Erwin B. Richards. 3. That the owner, William V. Belcher, has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. Use of the property shall be limited to office uses and sales, service and repair of small consumer products. 4. That said real estate is more fully described as follows: Beginning at a point on the southerly side of the Grandin Court and Cave Spring Road, now known as the Mount Vernon Drive, said beginning point being N. 58 deg. 00' E. 20.0 feet from the subtangent intersection point of the southerly side of Mount Vernon Drive, produced with the easterly side of Custis Avenue produced: thence along the southerly side of Mount Vernon Drive N. 58 deg. 00' E. 55.0 feet to a point on same, corner to Lot #13; thence along the lot line between Lots #l3 and #l4, S. 32 deg. 00' E. 200.0 feet to a point corner to Lot #15, thence along the lot line between Lots #14 and #l5 S. 58 deg. 00' W. 75.0 feet to the easterly side of Custis Avenue; thence along said easterly side of Custis Avenue N. 32 deg. 00' W. 180.0 feet to a point on same: thence along a curved line whose radius is 20 feet, a 176 March 26, 1991 - distance of 31.41 feet to the place of beginning, and being Lot #14, Section #2 according to the map of Mount Vernon Heights, Roanoke County, Virginia, less 874 square feet, more or less, conveyed to the Commonwealth of Virginia, on July 20, 1978, and recorded in Deed Book 110l, page 166. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Robers to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None 391-4 An ordinance to amend proffered conditions on approximately 4.35 acres, to CQnstruct a professional office park in accordance with a concept plan dated March 28, 1988, located on the north side of Route 419 at the intersection of Chaparral Drive, Cave Spring Magisterial District upon the petition of Fralin , waldron, Inc. 0-32691-9 Mr. Harrington presented the staff report and outlined the six proffers contained in an amended proffer of conditions dated March 6, 1991. These were: (l) To develop the subject property in substantial conformity to the site plan dated March 28, 1988, by Buford T. Lumsden & Associates, attached hereto as Exhibit "A"; provided that the building shall be limited to three above ground floors fronting on 419 and a fourth lower level of finished space. (2) To construct a fence along the boundary of the subject property ~-7 ~ I I - March 26, 1991 at points where the subject property abuts with lots containing single-family residences. (3) To plant appropriate ground cover vegetation on the slopes of the subject property. (4) That the dumpster shall be moved to a location on the eastern end of the property near the railroad tracks. (5) To plant a buffer of l6-foot pine trees on top of the berm to be developed along the edge of the parking area adjacent to the residential properties. (6) The lighting shall be in substantial conformity with the plan presented to the Board of Supervisors with the provision that the lighting in the parking lot on poles so designated on the site plan shall not exceed fourteen feet. Mr. Harrington stated that this is the third proposal that the board has considered on this site since 1985. The 1985 action was - approved by the board to rezone the property from R-3 to B-1 conditional and in January, 1990, the board denied a request to amend the proffered conditions, finding it inconsistent with the 1985 Comprehensive Plan and the 419 Frontage Development Plan. Mr. Harrington outlined the conformance of this plan with the Comprehensive Plan and the 419 Frontage Development Plan and advised that the policies applicable to this request are mainly concerning land use site design and building configuration. The staff and the Planning Commission felt that these were appropriate and the Planning Commission approved the request with proffered conditions by a four to one vote. Ed Natt, attorney representing Fralin & Waldron, advised that this matter was considered by the Court and one of the ultimate 176 March 26, 1991 - issues in that litigation was whether or not the existing zoning as approved by the Board of Supervisors in 1985 was reasonable in today's market. Mr. Natt asked that Judge Traebue's statement be included in the record as follows: Fralin & Waldron does not take the position that the conditional rezoning from residential to B-l in 1985 was unreasonable because that action was accomplished at Fralin & Waldron's request. It does not necessarily follow that because it was reasonable in 1985, it is reasonable in 1990. (Mr. Natt added, and therefore, would be reasonable in 1991. ) A major consideration is whether the proposed use is the highest and best use for the land at the time the improvement is to be made. The evidence before the Court at trial was clear and substantially unchallenged that the 1985 zoning is no longer reasonable. It is clear from the trial evidence that the building size and limitation under the 1985 proffer is no longer the best and highest use of the site and that to restrict the_ building to the 1985 zoning would be tantamount to a taking. The evidence was also clear that the proposed rezoning is reasonable. Mr. Natt stated that the Court made its determination from evidence presented to the Court that was not presented to the Board at its public hearing. He advised that the economic issue before the board was not whether a three, four or five story building is best on this site but whether the 1985 zoning was reasonable and if the property could be developed economically and feasibly. Mr. Natt advised that according to Mr. Harrington's testimony in court, only 20,000 square feet of office space can be developed on the property in this configuration. He presented cost analysis figures on the total cost of the building and the proposed rental figures per square foot. Mr. Natt stated that the 1990-91 proposal was for five 179 March /.6, 1991 ~ stories/four while the present proposal shown is for four stories/three. The only significant difference from the site plan concept is that there is more green space and less parking as compared with last year's proposal. Mr. Natt advised that the present configuration and location of the building was studied at length by Fralin & Waldron and detailed several reasons why the building could not be extended in any other direction. Mr. Natt stated that there were six proffers as previously advised by Mr. Harrington and advised that two additional proffers had been deleted. One concerning the architecture was deleted at the request of the Planning Commission and the proffer concerning detention standards was deleted because County ordinances are more stringent. - Mr. Natt exhibited for the board members a series of artists renderings of the proposal for the building from last year with an overlay of the present proposal and Mr. Natt distributed to the board members additional exhibits. Mr. Natt displayed pictures taken from various locations of the structure which had been altered to remove the top floor of steel. He displayed additional pictures taken primarily from residential subdivisions and showing other structures developed and constructed along Rt. 419 over the past four to five years. He also displayed superimposed pictures of the finished building showing the screening and buffering. Mr. Natt pointed out that the Planning Commission recommended approval of this rezoning and the members felt that ;8 0 March 26, 1991 - - concerns about the land use and building configuration had been satisfied. He asked that the board follow the Planning Commission's recommendation and approve the rezoning request. The following citizens all spoke in opposition to the rezoning request. ~ Jerrv Breedinq. 3873 Colony Lane ~ Roqer Atkins. 3628 Janney Lane ~ Gary Crowder. Green Valley civic Association. 3923 Lenora Road. S.W. ~ Dr. Willis P. Lanier. Jr.. 4743 Woodley Drive. S.W. ~ Don Terp. 5140 ADPletree Drive ~ W. G. Rosebro. 4712 Easthill Drive Supervisor Robers moved to deny the ordinance because it was inconsistent with the Comprehensive Plan and 419 Frontage Plan. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None Supervisor Nickens directed that the planning and engineering staffs work with the petitioner to determine alternatives to the configuration and location of the building. DENIAL OF ORDINANCE 32691-9 TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 4.35-ACRE TRACT OF REAL ESTATE LOCATED ON THE NORTH SIDE OF ROUTE 419 AT ITS INTERSECTION WITH CHAPARRAL DRIVE IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-1, CONDITIONAL, TO THE ZONING CLASSIFICATION OF B-1, CONDITIONAL (AMENDMENT TO PROFFERS) UPON THE APPLICATION OF FRALIN & WALDRON 18 1 - March ?f\, 1991 WHEREAS, the first reading of this ordinance was held on February 26, 1991, and the second reading and public hearing was held March 26, 1991; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 5, 1991; and, WHEREAS, legal notice and advertisement has been provided as required by law: and WHEREAS, this property was rezoned from R-3, MUlti-Family Residential District, to B-l, Office District, with proffered conditions, on August l3, 1985. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Denied on motion of Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Eddy, RObers, JOhnson, Nickens, McGraw NAYS: None IN RE: THREE MINUTE RECESS IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS l. William T. Carter. 4435 Cordell Drive. questioned whether the Smith Gap Landfill Part-A Application had been approved. Mr. Hodge advised that the Part-A Application had been approved and that Mr. Carter could contact John Hubbard for more information concerning the smith Gap Landfill. 18 2 March 26, 1991 - - 2. Pat Lavery. P. O. Box 550. Elliston. VA. spoke representing (BRACE) Bradshaw Road Against Contamination of the Environment, and in opposition to the rail spur through Montgomery County. She requested that an environment study be done. Mr. Hodge referred her comments to John Hubbard, Assistant County Administrator. 3. Louise Spanqler. 4731 North Fork Road. from BRACE, expressed concern about the flooding expected as a result of construction of the rail spur. Mr. Hodge referred her comments to John Hubbard, Assistant County Administrator. 4. William McAuley. 3951 Chaparral Drive. expressed his opposition to the County discontinuing the leaf collection program without adequate public notice. Supervisor McGraw requested that the Director of General Services investigate possible alternative methods of leaf collection. IN RE: ADJOURNMENT At 9:08 p.m., Chairman McGraw declared the meeting adjourned. /O~~~ ~~n A. McGraw, Chairman