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3/27/1990 - Regular March 27, 1990 19 4 .. - ----, Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 March 27, 1990 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the second regularly scheduled meeting of the month of March, 1990. IN RE: CALL TO ORDER Chairman Robers called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman R. W. Robers, Vice Chairman Steven A. McGraw, Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator for Human Services; John R. Hubbard, Assistant County Administrator of Community Services and Development; Don M. Myers, Assistant County Administrator for Management Services; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; Anne Marie Green, Information Officer, Brenda J. Holton, Deputy Clerk ., 9 5 March 27, 1990 - IN RE: OPENING CEREMONIES The invocation was given by the Reverend Branan G. Thompson, Colonial Avenue Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: NEW BUSINESS ~ ReQUest to continue the Community Service Proqram. D. Keith Cook, Director, Human Resources, introduced Lynn Reeves, Coordinator for the Program, Teresa Childress, Clerk, General District Court and Rosemary Walker Smith, In-Take Counsellor for the J&D Court. He advised that the community service program was approved in August, 1989 for a six month trial period. The program has proven to be very successful with the benefits exceeding the expenditure of funds. Although $9,950 has been requested for FY 1990-91 in the Human Resources Budget, Mr. Cook requested the board approve funding in the amount of $1,326 to cover the program expenses for the remainder of FY 1989-90. In response to questions from Supervisor Eddy about the program's effectiveness, Mr. Cook described several case histories and advised that all comments from everyone involved have been very positive. Supervisor Nickens questioned why this additional money was needed since in August the board appropriated $5,800 for this program March 27, 1990 19 6 " - - ana expena1tures through February 28th were $2,097. Mr. Cook requested time to review the staff report and advise the board later in the meeting. ~ Reauest from the School Board for acceptance of Grant Funds for an Alcohol and Druq Abuse Assistance Proqram. A-32790-1 Mr. Jack Liddy, Roanoke County School Supervisor of Health and P.E. advised that a $17,960 grant for a period of one year has been received from the Governor's Council on Alcohol and Drug Abuse to establish a program at the secondary school level for students residing in the Glenvar and Northside School Districts. There is no matching funds requirement from the County. Supervisor Johnson pointed out that the one-year grant could create on-going expenses on an annual basis although he felt it was a valuable service, and questioned whether an additional person might have to be added. Mr. Liddy advised that they hope to provide a certified counselor in each area of the county, and the major problem is that all areas of the County are not covered. The program will begin immediately and the grant runs from January to December. Until the money is appropriated, they will be using hourly employees. Supervisor Nickens asked why this request was also on the school add-back list. Mr. advised that this grant was only for the balance of this school year and does not go beyond that. Supervisor Robers asked about results of the program and Mr. ~19 7 March 27, 1990 - Llðdy aðvlseð that he ðlð not have stat1st1cs ava11able but could make - a presentation to the board at a later date. Supervisor Nickens restated his observation that whether phrased over a three year period or done all at one time, ultimately the grant funding will run out. Although the program is important enough to be funded, three new positions could be added to the on-going operating budget of the schools over the phase in period. Supervisor Nickens moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Request for annroval to construct the Brookwood/Hidden Valley Water System Proiect. A-32790-2 Cliff Craig, Director of utilities, requested approval of the construction of the Bridlewood/Hidden Valley Water System which would be funded with $175,000 from funded depreciation and $200,000 from the off-site facility fund. He advised that this project would be the best method to provide adequate fire protection, and water service to the Mt. Vernon, Highfields, LaYman Lawn, Bridlewood and Brookwood areas and adequate water service for orderly development along Route 221. Mr. Craig recommended that the Board authorize the acquisition of the reservoir property at an amount not to exceed the assessed valuation, and the required easements not to exceed 40% of the assessed March 27, 1990 19 8 - Va.luat1on. Supervisor Eddy inquired about the cost of the acquisition of land and easements. Mr. Craig replied that would be negotiated but the cost for one-half acre could be $5,000, and a little higher for a tank site. He estimated that the cost would be less than $20,000 for all of the easements. In reply to Supervisor Eddy's question about citizen opposition, Mr. Craig advised that there has been no concern or opposition because of the very poor water available and lack of fire protection in the area. A discussion followed of long-range planning to develop efficient water systems, and possible changes to the ordinance to require greater testing and compliance from developers. Supervisor Johnson restated the need for a work session to look at the Comprehensive Plan. Supervisor Eddy amended his ~otion to approve the request to include Item D-4. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Request for anDroval to construct the Starkey Road Water System Project. A-32790-3 See discussion under Item 3 above. Supervisor Eddy moved to approve the request. carried by the following recorded vote: The motion 19 9 March 27, 1990 - AYES: Supervisors Eddy, McGraw, Johnson, N1ckens, Robers - NAYS: None ~ Authorization to narticipate in the Virginia Department of Transportation Revenue Sharing Program. A-32790-4 County Administrator Elmer Hodge advised that the Commonwealth of Virginia provides $5,000,000 for a matching program with participants limited to a match of $500,000. He requested approval to submit a letter of intent to participate in the program. Upon a determination of the funds allocated to Roanoke County, a list of projects will be identified and presented. There was no discussion. Supervisor Nickens moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: ITEM D.l - REQUEST TO CONTINUE THE COMMUNITY SERVICE PROGRAM Mr. Hodge advised that the staff report would be brought back at a later date and requested it be received as a report. supervisor Nickens moved that the staff report be received as an informational report and the motion carried by unanimous voice vote. IN RE: REQUESTS FOR WORK SESSIONS Supervisor Eddy requested that a work session on Water- March 27, 1990 20 0 - Connection Fees be scheduled after the budget process is complete. He recommended that the work session be combined with long-range water plans. IN RE: REQUESTS FOR PUBLIC HEARING AND FIRST READING FOR REZONING ORDINANCE - CONSENT AGENDA supervisor Nickens moved to approve the first readings and set the second reading and public hearings for April 24, 1990. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ An ordinance rezoninq 51.62 acres from M-2 to R-1 for the purpose of allowing the development of a residential subdivision. located off Route 939 (Aerospace Rd.) in the Vinton Magisterial District. upon the request of Aerospace Research Corporation. ~ An ordinance to rezone approximately 7.64 acres from A- I to B-2 for qeneral office use. located north of Plantation Road in the Hollins Magisterial District. upon the request of Dominion Bankshares. Inc. h An ordinance to rezone a 2.25 acre parcel from B-2 ¿ 0 1 .- March 27, 1990 Cond1t1ona.l to B-2 Cond1t10nal (Amendment of Proffers) for the purposes of constructing a retail drive through window located at 4515 Brambleton Avenue in the Windsor Hills Maqisterial District. u?on the petition of Springwood Associates. - h An ordinance issuinq a Use Not Provided for Permit allowing a series of 16 weekly summer concerts at Valleypointe. near the intersection of Peters Creek Road and Valleypointe Blvd. in the Hollins Magisterial District. upon the request of the Easter Seal Society of Virqinia. IN RE: FIRST READING OF ORDINANCES ~ Ordinance authorizinq the acceptance and acquisition of surplus real estate (Parcels 044 and 074. Cave Spring Junior Hiqh School site) from the Roanoke County School Board and authorizinq the same to the Commonwealth of Virginia. Supervisor Eddy recognized that representatives of the School Board were present to answer any questions. There was no discussion. Supervisor Johnson moved to approve the first reading and set- March 27, 1990 2 0 4 ..: - Representatlve, for a four-year term. -.-; IN RE: CONSENT AGENDA R-32790-5 Supervisor Johnson moved to approve the resolution with Item 1 removed for a separate vote. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None Supervisor Johnson moved to approve Item 1. The motion carried by the following recorded vote: AYES: Supervisors McGraw, Johnson, Nickens, Robers NAYS: None ABSTAIN: Supervisor Eddy RESOLUTION 32790-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for March 27, 1990, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of Minutes - August 22, 1989 20 5 .: March 27, 1990 = !== 2. Approval of Minutes - February 27, 1990 3 . Request to approve changes in Secondary System due to relocation and realignment of Poor Mountain Road (Route 612) 4. Request for acceptance of Cedar Edge Road in the Virginia Department of Transportation Secondary System. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. RESOLUTION 32790-5. a REQUESTING CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND CONSTRUCTION OF POOR MOUNTAIN ROAD (ROUTE 612) 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 a portion of Poor Mountain Road (Route 612) which was relocated and reconstructed under VDOT Project 0612-080-P18, N501; 2. That it appears to the Board of Supervisors that Secondary Route 612, from north of the intersection with Route 786 to south of the intersection of Route 916 for a distance of 0.28 miles, has been altered; a new road has been constructed and approved by the State Transportation Commissioner, which new road serves the same citizens as the road so altered; and these changes are shown on the attached sketch titled "CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND CONSTRUCTION ON ROUTE 612, PROJECT 0612-080-P18,N501, dated at Richmond, '- March 27, 1990 202 - secona read1ng ror Apr11 10, 1990. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR EDDY: (1) Solicited the board's comments on re- arranging the community room. The consensus of the board was not to move forward. (2) Again asked the board to consider changing the ordinance that requires a deposit for utility re-connection for a first time offender. (3) Asked Paul Mahoney to comment on the model charter seminar that he attended in North Carolina at Mr. Eddy's request. (4) Reported on the vinton Chamber of Commerce annual dinner meeting which he attended. SUPERVISOR MCGRAW: Described the results of a community meeting in the Catawba Valley regarding changes in minimum lot acreage in rural areas. SUPERVISOR JOHNSON: Asked Chairman Robers for a proposed position and timetable to the response of Roanoke City to suggested changes to the consolidation agreement. Supervisor McGraw moved that the Chairman be authorized to discuss with the city representatives the potential changes to the consolidation 20 3 March 27, 1990 - plan and report back to the board by 4/10/90. - AYES: Supervisors Eddy, McGraw, Robers NAYS: Supervisor Johnson, Nickens SUPERVISOR NICKENS: Expressed concern about the recreation clubs being asked for liability coverage by April 1st and the inconsistency with other agencies using county facilities. Mr. Hodge agreed to extend the deadline to April 10th and bring back a staff report at that time. SUPERVISOR ROBERS: Reported on the presentation at the Congress Surface Transportation Subcommittee regarding the "smart highway" and request for funding. IN RE: APPOINTMENTS ~ Leaaue of Older American Supervisor Robers advised that he had talked with Webb Johnson about re-appointment to this committee, and would like to keep the appointment open until Mr. Johnson responds. ~ Landfill citizens Advisory Committee supervisor Robers questioned whether this committee should be put on inactive status. Mr. Hodge and Supervisor McGraw recommended that the committee be kept active until after the new landfill is operational. ~ Transportation and safety commission Supervisor Eddy nominated William G. Rosebro, as Medical- March 27, 1990 20 6 - v1rg1n1a, JU.ly 19, 1988." 3. That the portion of Secondary Route 612, i.e., Section No.1, for a distance of 0.11 miles be, and hereby is, added to the Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia, as amended. 4. That the section of old location, i.e. Section NO.2, for a total distance of 0.28 miles, be, and hereby is, abandoned as a public road, pursuant to Section 33.1-155 of the Code of Virginia, as amended. On motion of Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 32790-5.b REQUESTING ACCEPTANCE OF CEDAR EDGE ROAD 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 Cedar Edge Road, from its south intersection with Forest Edge Drive to its North intersection with Forest Edge Drive, for a distance of 0.45 mile, 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 20 7 March 27, 1990 - tltty (50) toot rlght-ot-way tor salð road have heretofore been = dedicated by virtue of a certain map\maps known as Forest Edge section 2 Subdivision which map was recorded in Plat Book 10, Page 69, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on June 30, 1987 and that by reason of the recordation of said map 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 right-of-way for drainage. 3. That said road known as Cedar Edge Road and which is shown on a certain sketch accompanying this 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 street or highway by the Virginia Department of Transportation. On motion of supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: REPORTS Supervisor Nickens moved to receive and file the following reports. The motion carried by a unanimous voice vote. AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None March 27, 1990 20 8 - 1. Cap1tal Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund 4. Income Analysis and statement of Expenditures for eight months ended February 28, 1990. 5. Update on Police Department Transition IN RE: RECESS Chairman Robers declared a five minutes recess at 4:24 p.m. IN RE: BUDGET WORK SESSION Mr. Hodge advised that since the last budget session, he and Dr. Wilson met on several occasions in order to balance the budget. They looked at achieving operational efficiencies by possibly combining the Health Care Program, Workman's Compensation, and the Finance Operations. He introduced Dr. Wilson to explain some of the budget cuts. Dr. Wilson recalled that the budget was $237,000 out of balance before the addition of the recordation taxes of $157,000. The teachers' 5.2% raise will be kept in order to meet the mandate, but other employees salary increase will be reduced to 5%. In order to put back eight teacher aides, the personal leave day was eliminated. The summer school remedial program was reduced and the health insurance benefits were reduced although the insurance rates are still unknown. The total budget for the school operations will be up 6.4%. Dr. Wilson advised that there is a possibility of consolidation of insurance but he does not feel that efficiency could be increased by combining the finance operations. 20 9 March 27, 1990 Superv1sor Robers stated that the Board should cont1nually look at ways to consolidate duplication of functions such as the finance department. Supervisor Nickens asked what the savings were from reducing the non-instructional salaries to 5.0% and the amount saved on insurance. Dr. Wilson responded that the salary amount was $26,000 and $115,000 for the insurance and the schools would reduce the amount paid per employee to stay within the budget. Dr. Wilson advised that there are several areas that the school system and the county are working on together and these were reviewed recently by Mr. Hodge, and Supervisors Nickens and Eddy. Supervisor Johnson stated that he did not like elimination of the teacher personal leave day and expressed concern about reducing the insurance rate. He felt that any function not affecting students should be handled by County personnel. He recommended a meeting between representatives from the Board and the School Board to discuss cost savings. - Supervisor McGraw moved that Supervisor Johnson and Supervisor Robers meet with the School Board in the same capacity as discussed and look at any final potential savings prior to the School Board's actions on Thursday. After discussion, Supervisor McGraw amended his motion that Supervisor Johnson and Supervisor Robers be authorized to further investigate the School Board Budget to find potential cost savings for recommendation to the Board during the budget process. The motion was carried by unanimous voice vote. March 27, 1990 210 - ===== Supervisor Eddy inquired about the Adult Education item of $116,000 and why the fees could not be raised to cover the full cost. Dr. Wilson replied that the program is self-sustaining from the fees and the state money, with no local money. In response to a question from Supervisor Eddy, Dr. Wilson and Dr. Hardy described the teachers' pay plan. Supervisor Eddy asked how the School Board was approaching the capital needs in next year's budget and inquired about a suggested list of projects to be financed by a General Obligation Bond Issue mentioned at the last meeting. Dr. Wilson replied that capital improvements will be discussed in detail on April 10th with the Board. Supervisor Nickens expressed concern at the unfunded emergency items. Dr. Wilson responded that the VPSA money borrowed last fall will pay for some projects. Supervisor McGraw expressed concern at the $88,000 reduction for personnel items. Supervisor McGraw and Supervisor Johnson felt it was important to find the money to fund these items. IN RE: RECESS Supervisor Robers declared a dinner recess at 5:10 p.m., there being no executive session. EVENING SESSION (7:00 P.M.) IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 2. 1 1 March 27, 1990 = - 390-1 CONTINUED TO 5/22/90 390-2 CONTINUED TO 4/24/90 390-3 0-32790-6 An Ordinance to amend the Future Land Use Map designation of a 53.44 acre tract from Development to Principal Industrial and to rezone said property from R-E to M-l for industrial development, located east of West Ruritan Road and north of Homestead Lane, Hollins Magisterial District upon the request of the Roanoke county Board of supervisors. (CONTINUED TO MAY 22, 1990 AT REQUEST OF THE PETITIONER.) Ordinance amending the Roanoke County zoning Ordinance by adopting a new set of Zoning Regulations pertaining to the display of signage wi thin Roanoke county, and repealing or amending certain existing zoning regulations pertaining to the display of signs. (CONTINUED TO APRIL 24, 1990 AT REQUEST OF COUNTY STAFF) Ordinance requesting a vacation of portions of two slope easements, located on Lots 20, 21 and 22, Block 2, section 2 and Lot 31, Block 2, section 2, Fairway Forest Estates, in the Windsor Hills Magisterial District. The staff report was presented by Arnold Covey, Director, Development and Inspections. There was no discussion. Supervisor Eddy moved to approve the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 32790-6 VACATING PORTIONS OF TWO SLOPE EASEMENTS VARYING LOCATED ON LOTS 20, 21, AND 22, BLOCK 2, SECTION 2, AND LOT 31, BLOCK 2, SECTION 2, FAIRWAY FOREST ESTATES, WINDSOR HILLS MAGISTERIAL DISTRICT March 27, 1990 212 - - - WHEREAS, F.F.E. Development Corporation has requested the Board of Supervisors of Roanoke County, Virginia to vacate two slope easements located on Lots 20, 21, and 22, Block 2, section 2, and Lot 31, Block 2, Section 2, Fairway Forest Estates, Windsor Hills Magisterial District; and WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on March 13, 1990; and the second reading of this ordinance was held on March 27, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That two slope easements located on Lots 20, 21, and 22, Block 2, Section 2 and Lot 31, Block 2, Section 2, Fairway Forest Estates, Windsor Hills Magisterial District, of record in the Roanoke County Circuit Court Clerk's Office in Plat Book 10, page 122, be, and hereby are, vacated pursuant to Section 15.1-482 (b) of the 1950 Code of Virginia, as amended; and, 2. 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. 3. That F.F.E. Development Corporation shall record a certified 213 March 27, 1990 - COpy or thls orðlnance wlth the ~lerk of the ~lrcu1t ~ourt ana sna.ll - pay all fees required to accomplish this transaction. On motion of Supervisor Eddy, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 390-4 An ordinance granting a Use Not Provided for Permit for an open air market located at 3704 Brambleton Avenue in the Cave spring Magisterial District, upon the request of E. E. Carter. 0-32790-7 Staff report was presented by Planner Jonathan Hartley. There are no significant impact factors, no citizen opposition to the request and no proffers were made. The petition was approved unanimous by the Planning Commission. There was no discussion. Supervisor Eddy moved to approve the ordinance granting a Use Not Provided for Permit on a permanent basis. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 32790-7 AUTHORIZING A USE-NOT-PROVIDED- FOR PERMIT TO OPERATE AN OPEN AIR MARKET LOCATED AT 3704 BRAMBLETON AVENUE IN THE CAVE SPRING MAGISTERIAL DISTRICT UPON THE APPLICATION OF E. E. CARTER WHEREAS, the first reading of this ordinance was held on February 27, 1990, and the second reading and public hearing was held March 27, March 27, 1990 214 - = 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 6, 1990; 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 a use-not-provided-for permit for a certain tract of real estate containing .35 acre, as described herein, and located at 3704 Brambleton Avenue, (Tax Map Number 77.13-3-1) in the Cave Spring Magisterial District, is hereby authorized. 2. That this action is taken upon the application of E. E. Carter. 3. That said real estate is more fully described as follows: Lot 1, Section 4, of Mount Vernon Heights as shown on a plat made by T. P. Parker, S.C.E., dated March 23, 1967, of record in Plat Book 2, page 67 in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, and containing .35 acre. 4. That the effective date of this ordinance shall be March 27, 1990. On motion of Supervisor Eddy, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 390-5 An ordinance to rezone a 1.83 acre parcel from B- 1 Conditional to B-1 Conditional (Amendment of Signage Proffers), located on Route 419, adjacent to Sugar Loaf Farms and Orander Park, in the Windsor Hills Magisterial District, upon the request of Hong Ki Min. 2 1 5 ',: March 27, 1990 - 0-32790-~ = The staff report was presented by Mr. Hartley. The petitioner is requesting to amend the previous signage proffer of 25 sq. ft. to 156.6 sq. ft. and proffered that the signage would not exceed 12'10" in height and 85 sq. ft in area. Under the current ordinance, 547 sq. ft. of signage would be permitted. There was no citizen opposition to the request at the Planning Commission unanimously recommended approval. Supervisor Nickens asked about response to a letter from Sandra Rosebro about the fence not being erected and that the original site plan and proposed style of the building discussed with the neighbors were discarded after the rezoning was approved. Mr. Hartley replied that the fence has been erected beyond the agreement and that the proffered condition only committed the petitioner to meet with the neighbors not to implement their suggestions. Supervisor Nickens felt that in the future, the credibility of the board would be compromised if proffers were subject to misunderstandings. Supervisor Eddy stated that three items on the agenda dealt with the size of signage and amending original proffers. He suggested that conditions covering signage should be addressed prior to rezoning so amendment would not be necessary. There were no citizens requesting to speak. Supervisor Eddy moved to approve the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None March 27, 1990 216 - AMENDED ORDINANCE 32790-8 TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 1.83 ACRE TRACT OF REAL ESTATE LOCATED ON ROUTE 419 ADJACENT TO SUGAR LOAF FARMS AND ORANDER PARK IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-1, CONDITIONAL, TO THE ZONING CLASSIFICATION OF B-1, CONDITIONAL (AMENDMENT TO SIGNAGE PROFFERS) UPON THE APPLICATION OF HONG XI MIN WHEREAS, the first reading of this ordinance was held on February 27, 1990, and the second reading and public hearing was held March 27, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 6, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned from R-1, Residential District, to B-1, Business District with proffered conditions, on December 10, 1985. 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 approximately 1.83 acres, as described herein, and located on Route 419 adj acent to Sugar Loaf Farms and Orander Park in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of B-1, Conditional, to the zoning classification of B- 1, Conditional with amended proffered conditions. 2. That this action is taken upon the application of Hong Ki Min. 2.17..: March 27, 1990 - 3. That the applicant has voluntarily proffered in writing the following amendment to Proffer #11 of the conditions approved by the - Board of supervisors on December 10, 1985, which the Board of Supervisors hereby accepts: (1) Signage shall not exceed 12' 10" in height and 85 square feet in area (156.6 square feet overall area). All other proffers and conditions would remain in full force. 4. That said real estate is more fully described as follows: BEGINNING at a point on the northerly side of Virginia state Secondary Route 419, on the line with the property of Sugar Loaf Farms, Inc., said point designated as A5 on that certain plat dated December 6, 1965, made by C. B. Malcolm & Son, S.C.E., showing the remaining property of G. E. McDaniel; thence with the line of the property of Sugar Loaf Farms, Inc., S. 46° 27' W. 314.46' to a point designated as A4 on the aforesaid map, said point being the northwesterly corner of Lot 1, Block 1, Map of Orander Park, said plat recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 3, page 282; thence with the line of Lots 1 and 2, Block 1, Map of Orander Park, S. 62° 21' E. 148' to a point designated as A3 on the aforesaid McDaniel plat; thence continuing with the line of Lots 3, 4 and 5, Block 1, Map of Orander Park, S. 70° 411 E. 232' to a point designated as A2 on the aforesaid McDaniel plat; thence continuing with the line of Lot 5, Block 1, Map of Orander Park, S. 89° 11' E. 69.30' to a point designated as Al on the aforesaid McDaniel plat, said point being on the westerly boundary of Lot 1, Block 1, Map of Blair Court, of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 5, page 36; thence with the line of Lot 1, Block 1, Map of Blair Court, N. 23° 57' E. 85.24' to a point on the northerly side of Virginia state Secondary Route 419, said point designated as A6 on the aforesaid McDaniel plat; thence with the northerly right-of-way of Virginia State Secondary Route 419, a curve to the left whose radius is 1316.23 feet and whose chord bearing is N. 38° 23' 56" W., an arc distance of 365.04 feet to a point designated as A5 March 27, 1990 2 1 8 c~ ----, ==I on the aforesaid McDaniel BEGINNING, and containing less, and known as Parcel McDaniel plat; and plat, the place of 1.839 acres, more or "A" on the aforesaid BEING the same property conveyed to Guy S. Clifton and Pauline H. Clifton, husband and wife, by Truman B. McDaniel, widow, by deed dated May 23, 1968, and recorded in the Clerk's office of the Circuit Court of the County of Roanoke, Virginia, in Deed Book 853, page 748. 5. That the effective date of this ordinance shall be March 27, 1990. On motion of supervisor Eddy, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 390-6 An ordinance to rezone approximately 35 acres from R-l to B-2 for commercial development, generally located south of I-81 and west of Plantation Road in the Hollins Magisterial District upon the request of the Roanoke County Board of supervisors (Household of Faith). 0-32790-9 The staff report was presented by Mr. Hartley. The significant impact factors are that the site is bordered by the Days Inn Motor Lodge, I-81, Lakeland Stables, and several single family residents and the site layout is unknown due to lack of a concept plan. There are five proffered conditions. There were two citizens to speak in opposition at the Planning Commission and the petition was denied because of the impact of putting commercial next to residential and inconsistency with the Comprehensive Plan by a vote of 3 to 2. 21 9 March 27, 1990 - Mr. Hartley stated that although B-2 Genera.l commerC1a.l i== district permits a wide variety of uses, the property owner has proffered prohibiting certain uses. They have also agreed to a four- story height limitation, excluding the steeples and bell towers. Access to the site is available from Carvin street or Enon Drive using rights- of-way for this parcel. Access directly from Plantation Road to the east is not presently available but could be negotiated with adjoining property owners. The petitioner has proffered that access to the parcel will be from Plantation Road. Supervisor Eddy questioned whether there is a shortage of B- 2 zonings in the county. He noted that this parcel is landlocked by private roads and retail use is difficult to imagine. Mr. Hartley stated that the site is visible but inaccessible from I-81 and access from Plantation Road is necessary for development. The B-2 zoning was a compromise with the Planning Commission and citizens since Industrial District M-l zoning was originally suggested by the Economic Development Department. The following citizens spoke regarding the proposed rezoning. Myrtle Pullen, 7937 Enon Drive, was concerned about the drainage and increased traffic in North Burlington Heights. She was also concerned about bright lights, noise, dust and pollution of owner wells. Marqaret Carter. operator of a nearby service station, was concerned about the view of scenery for travelers along I-81 and requested the site be left alone. , I the rezoning and if fully developed, the site could hold more than one-- Supervisor Eddy expressed concern about the unknown aspect of March 27, 1990 22 0 ~ - - motel. He felt it was desirable for commercial purposes but he would like a specific proposal. Alan Klinger, representing the House of Faith, explained the financial situation of the church and their need to sell the property. If they could sell a portion of the land, they would still construct the church. He stated that they are agreeable with the B-2 zoning. Supervisor Johnson moved to approve the ordinance. The motion carried by the following recorded vote: AYES: supervisors Johnson, Nickens, Robers NAYS: None ABSTAIN: Supervisors Eddy, McGraw ORDINANCE 32790-9 TO CHANGE THE ZONING CLASSIFICA- TION OF APPROXIMATELY 35 ACRES OF REAL ESTATE GENERALLY LOCATED SOUTH OF INTERSTATE 81 AND WEST OF PLANTATION ROAD IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION R-l TO B- 2 FOR COMMERCIAL DEVELOPMENT WITH CONDITIONS UPON THE APPLICATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA. WHEREAS, by Resolution 91289-4 the Board of Supervisors of Roanoke County, Virginia, initiated amendments to the Comprehensive Plan and to the classifications of certain real estate located in Roanoke County to serve the public purposes of the County as required by public necessity, convenience, general welfare, and good zoning practice to implement the recommendations of the Economic Development Action Plan for FY 1989- 90; and WHEREAS, the 23, 1990, and the first reading of this ordinance was held on January second reading and public hearing was held on March 221 March 27, 1990 27, 1990; and, - WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 6, 1990; 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 approximately 35 acres, as described herein, owned by Household of Faith and generally located south of Interstate 81 and west of Plantation Road in the Hollins Magisterial District, is hereby changed from the zoning classification R-1, Single Family Residential District, to the zoning classification of B-2, General Commercial District, for industrial development. 2. That the Board initiated the application to change the zoning classification of this real estate located in Roanoke County to serve the public purposes of the County as required by public necessity, convenience, general welfare, and good zoning practice to implement the recommendations of the Economic Development Action Plan for FY 1989- 90. 3. That said real estate is more fully described as follows: BEGINNING at a point on the southerly side of Interstate Highway Route #81, said point being the northerly corner of property of Interstate Motel Developers, Inc. (D.B. 861, page 124) and shown as corner 1; thence with the division line between property of Florence Marie Peters and Interstate Motel Developers, Inc., S. 31° 09' 00" E. 1364.15' to a point, corner 2; thence S. 58° 50' 00" W. 100.44' to corner 4B; thence S. 30° 45' 00" W. 453.23' to corner 4A, at the northeast terminus of Carvin Street; thence with the same in March 27, 1990 22 2 - = part, and the northerly line of Lot 9, Sec. 3, Walrond Court (P.B. 2, page 178), S. 59° 40' 45" W. 551.20' to corner 5 on the easterly boundary of Billy H. Branch; thence with same, and the easterly boundary of North Burlington Heights (P.B. 3, page 57), N. 36° 44' 23" W. 1750.93' to a fence post, corner 6; thence with the easterly boundary of Ellsworth L. Snyder and Bonnie E. Osborne Snyder (D.B. 1026, page 631) and Randolph. Howell and Gladys R. Howell (D.B. 570, page 293), N. 37° 24' 00" W. 619.48' to an iron pin on the southerly side of Interstate Highway Route #81; thence with a curved line to the right, whose radius is 4490.66 feet, and whose chord bearing and distance is S. 89° 34' 57" E. 3.36 feet, an arc distance of 3.36 feet to corner 8, another point on the southerly side of Interstate Highway Route #81; thence with the same S. 89° 33' 40" E. 1044.68' to corner 1, the place of BEGINNING, and designated as Tract I, containing 35.14 acres, all as more fully shown on a plat prepared by Buford T. Lumsden & Associates, P.C., Engineers and Surveyors, dated July 31, 1985, entitled "Plat showing Tract I (35.14 ac.) being conveyed to the Household of Faith by Florence Marie Peters, situated along south side of Interstate Highway Route #81, Hollins Magisterial District, Roanoke County, Virginia"; and, BEING a part of the same property acquired by J. H. Peters, Jr. and Florence Marie Peters by deed from J. S. Jamison and Fannie A. Jamison, his wife, dated June 12, 1947, and recorded in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia, in Deed Book 373, page 216, and subsequently conveyed by J. H. Peters, Jr. and Florence Marie Peters to "Florence Marie Peters and J. H. Peters, Jr., and/or the survivor as at common law as between the grantees," said deed being dated July 26, 1952, and recorded in the aforesaid Clerk's Office in Deed Book 477, page 136, the said J. H. Peters, Jr. having since passed away, survived by the Grantor herein. 4. That Household of Faith, as owner of this real estate, has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (1) Building height no more than four stories, excluding steeples and bell towers. (2) Lighting not to exceed one foot candle measured at property line of any of the adjoining single-family residences. ,223 March 27, 1990 '- (3) Butter zone to De ~o teet adJacent to DacK Sloe residential area. (4) Exclusion of the following permitted uses: commercial kennels and veterinarian hospitals, freestanding dance halls and billiard parlors, flea market, freestanding used car dealership, and freestanding laundry/dry cleaners. (5) Access to the property for the church shall be from carvin street and/or Plantation Road. Access to the propèrty for any other commercial use shall be only from Plantation Road. 5. That the effective date of this ordinance shall be March 27, 1990. On motion of Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Robers NAYS: None ABSTAIN: Supervisors Eddy, McGraw 390-7 An ordinance to amend the Proffered Conditions on the rezoning of a 2.85 acre tract of real estate located at the northeasterly corner of Peters Creek Road and Woodhaven Drive in the Hollins Magisterial District from B-2 Conditional to B-2 Conditional (Amendment to signage Proffers), upon the request of Hop-In Food stores, Inc. 0-32790-10 Supervisor Johnson moved to approve both ordinances regarding amendment to the signage conditions requested by Hop-In (Item 390-7 and-- 390-8) . Supervisor Eddy questioned the maximum height of the sign at March 27, 1990 224 - the 419 Hop-In because there was a diagram showing a 20 ft height for the Peters Creek Road sign, but no similar diagram was shown for the 419 sign. Ed Natt, representing the petitioner, advised that although it could not be proffered at this time, the maximum height of the sign for the 419 Hop-In would be 20 ft. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None AMENDED ORDINANCE 32790-10 TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 2.85 ACRE TRACT OF REAL ESTATE LOCATED AT THE NORTHEASTERLY CORNER OF PETERS CREEK ROAD AND WOODHAVEN DRIVE IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF B-2, CONDITIONAL (AMENDMENT TO SIGNAGE PROFFERS) UPON THE APPLICATION OF HOP-IN FOOD STORES, INC. WHEREAS, the first reading of this ordinance was held on February 27, 1990, and the second reading and public hearing was held March 27, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 6, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned from R-1, Residential District, to B-2, Business District with proffered conditions, on July 12, 1988. 225 J March 27, 1990 BE IT ORDAINED by the Board or Superv1sors of Roanoke County, - Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 2.85 acres, as described herein, and located at the northeasterly corner of Peters Creek Road and Woodhaven Drive in the Hollins Magisterial District, is hereby changed from the zoning classification of B-2, Conditional, to the zoning classification of B- 2, Conditional with amended proffered conditions. 2. That this action is taken upon the application of Hop-In Food stores, Inc. 3. That the applicant has voluntarily proffered in writing the following amendment to Proffer 2(d) of the conditions approved by the Board of Supervisors on July 12, 1988, which the Board of Supervisors hereby accepts: (1) Signage shall not exceed 60 square feet on the freestanding sign adjacent to the Peters Creek Road right-of-way; identification sign on the building not to exceed 55 square feet; signage on the building of adjacent premises (donut store) not to exceed 35 square feet; plus an 18 square foot gas identification sign. All other proffers and conditions would remain in full force. 4. That said real estate is more fully described as follows: A 2.85 acre parcel of land, generally located at the northeasterly intersection of Peters Creek Road and Woodhaven Drive within the Hollins Magisterial District and recorded as Parcel No. 26.20-4-27 in the Roanoke County Tax Records. 5. That the effective date of this ordinance shall be March 27, 1990. On motion of Supervisor Johnson, and carried by the following -- March 27, 1990 226 - recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 390-8 An ordinance to amend proffered conditions on the rezoninq of a 0.6764 acre tract of real estate located at the northeast corner of Glen Heather Drive and Route 419 in the Windsor Hills Maqisterial District from B-2 Conditional to B-2 Conditional (Amendment of Siqnaqe Proffers), upon the request of Hop-In Food stores, Inc. 0-32790-11 This ordinance was discussed under 390-7. Supervisor Johnson moved to approve the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None AMENDED ORDINANCE 32790-11 TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 0.6764-ACRE TRACT OF REAL ESTATE LOCATED AT THE NORTHEAST CORNER OF GLEN HEATHER DRIVE AND ROUTE 419 IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF B-2, CONDITIONAL (AMENDMENT TO SIGNAGE PROFFERS) UPON THE APPLICATION OF HOP-IN FOOD STORES, INC. WHEREAS, the first reading of this ordinance was held on February 27, 1990, and the second reading and public hearing was held March 27, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 6, 1990; and, 22 7 March 27, 1990 - WH,t;R,t;AS, lega.l not1ce ana aavert1sement nas J:>een prov1dea as - required by law; and WHEREAS, this property was rezoned from R-3, Residential District, to B-2, Business District with proffered conditions, on December 13, 1988. 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 0.6764 acre, as described herein, and located at the northeast corner of Glen Heather Drive and Route 419 in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of B-2, Conditional with proffered conditions, to the zoning classification of B-2, Conditional with amended proffered conditions. 2. That this action is taken upon the application of Hop-In Food Stores, Inc. 3. That the applicant has voluntarily proffered in writing the following amendment to Proffer #4 of the conditions approved by the Board of Supervisors on December 13, 1988, which the Board of Supervisors hereby accepts: (1) Signage shall not exceed 30 square feet on the freestanding sign to be placed near the intersection of Route 419 and Glen Heather Drive; identification sign on the building not to exceed 55 square feet; plus an 18 square foot gas identification sign. All other proffers and conditions would remain in full force. 4. That said real estate is more fully described as follows: An 0.06764 acre parcel of land, generally located March 27, 1990 22 8 ==¡ = on the northeast corner of Glen Heather Drive and Route 419 within the Windsor Hills Magisterial District and recorded as the southerly portion of Parcel No. 76.07-02-52 in the Roanoke County Tax Records. 5. That the effective date of this ordinance shall be March 27, 1990. On motion of Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None T. PUBLIC HEARINGS 390-9 Petition of Wally L. Andrews for a special Exception Permit to operate a shooting match, located at the intersection of Rutrough Road and Highland Road in the vinton Magisterial District. (WITHDRAWN BY THE PETITIONER) WITHDRAWN 390-10 Petition of Avis Rent A Car Licensee for a special Exception Permit to operate a car and truck rental agency located at 3137 Bramb1eton Avenue s. W. in the Windsor Hills Magisterial District. A-32790-12 Mr. Hartley reported that this area is within a transition land use category and the proposed use is inconsistent with the Comprehensive Plan map and policies. However, the property is already improved and is in a historically established commercial strip corridor. Mr. Hartley advised that the interior traffic patterns will be severely constrained by lot sign and the concept plan indicates 22 9 March 27, 1990 ¡::::=:= access from both Brambleton Avenue and Harris street. The plan does not - comply with County street and parking design standards; however, the petitioner has indicated that the existing canopy will be removed which will accommodate 18 - 20 parking spaces. Three proffers are being requested by the staff. They are (1) total site signage shall be limited to 1.5 sq. ft. per linear foot of Brambleton Avenue frontage (2) all vehicle maintenance shall be conducted only inside existing structure and (3) the metal canopy on south portion of the lot fronting on Brambleton Avenue shall be removed. Mr. Geoffrey M. ottoway, President of Avis Rent A Car, was present to answer questions. Supervisor Eddy inquired as to what would be the size of a medium truck, how many could be parked on the site, and stated that in granting a special exception permit, the board could impose conditions. Supervisor Nickens asked whether the recommended 1.5 sq. ft. per linear foot of frontage was consistent with the ordinance being proposed by the Planning Commission, and if the stated 125 ft frontage was adequate. The petitioner responded that he was in agreement with the signage proffer. Supervisor Eddy moved that the special exception permit be granted with the conditions that (1) no more than five medium size trucks will be parked at one time and (2) special exception permit be limited to a two year renewal. Mr. Smeltzer, attorney for the petitioner, advised that the property was purchased on a permanent basis; the proposed conditions were arrived at with the petitioner; there is no difficulty with the- March 27, 1990 23 0 - = s1gnage; they would clar1fy that only minor maintenance would be done on the exterior; and they plan to remove the canopy but would need at least six months to accomplish this. supervisor McGraw made a substitute motion to approve the petition as requested with the added proffers. Supervisor Nickens offered an amendment to Supervisor McGraw's motion to approve the petition with (1) signage limited to 1.5 sq. ft. per linear foot frontage, (2) under-hood maintenance to be done inside, and (3) canopy to be removed by September 1, 1990. The amended substitute motion carried by the following recorded vote: AYES: Supervisors McGraw, Johnson, Nickens, Robers NAYS: Supervisor Eddy u. CITIZENS' COMMENTS AND COMMUNICATIONS 1. Rebecca Karnes, Feather Road, Vinton, was opposed tn /f.:"aBt County residents having to join the Town of vinton if consolidation is approved. Chairman Robers directed the staff to respond to Mrs. Karnes concerns with more specific information about the tax rates. 2. Emanuel Francis Sowder, 4850 Brookwood Drive, presented a resolution asking that the real estate tax rate be decreased. 3. C. E. Stewart. Jr., 462 Cameron Drive, Vinton, presented a 231 March 27, 1990 pet:1t:1on from c1t:1z:ens who a:te Oþ!-,u::n::d Lv bt::t,;:vml.ng é1 part of the Town - 1::::= of Vinton if consolidation is approved. IN RE: ADJOURRMENT Supervisor Robers moved to adjourn at 9:50 p.m. The motion carried by a unanimous voice vote. AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None t&:iJJ. ~rJ Ri ard W. Robers, Chairman