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Home My WebLink About1/26/1988 - Regular 423t January 26, 1988 -. _.- -'. --.--. .. -- ----- ._----._. -~...-~,.._-_..- .--- -.---- .-..---.- Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 January 26, 1988 The Roanoke County Board of Supervisors of Roanok County, Virginia, met this day at the Roanoke Count Administration Center, this being the fourth Tuesday, and th second regularly scheduled meeting of the month of January , I 1988. IN RE: CALL TO ORDER p.m. The roll call was taken. Chairman Garrett called the meeting to order at 3:0~ I I Richar~ Steved I I I I I Elmer C. Hodge, County Administrator; John 1 M. Chambliss, Assistant Count Administrator for Management Services; Joh R. Hubbard, Assistant County Administrato of Public Facilities; Timothy W. GUbala1 Assistant County Administrator fo Community Development; Paul M. Mahoney, Chairman Lee Garrett, Vice Chairman Robers, Supervisors Bob L. Johnson, A. McGraw, Harry C. Nickens MEMBERS PRESENT: MEMBERS ABSENT: None STAFF PRESENT: I 424 · January 26, 1988 _._____.________._._____.__u____._. _.~.---.... __. ._ . - ...._---_.._~;-=~~-==~-;~~~_.._.=~~~~=~;==-=~.== .. ...~ ----¡r- ; ~ County Attorney, Clerk; Mary H. Allen, Deputy IN RE: OPENING CEREMONIES The invocation was given by the Reverend Arthur Grant, Woodlawn United Methodist Church. The Pledge of Allegiance was recited by all present. 1 I I I I IN RE: II AGENDA ITEMS I II Ii lof Item G-3, a request for a public hearing on February 23, 1988 REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF County Administrator Elmer Hodge requested the addition I for loan application to the Virginia Resources Authority and Va. Public School Authority. IN RE: NEW BUSINESS Ii 1 · Aut h 0 r i z at ion to a c qui r e B r 0 a d vie w Wa t e r II System: Director of utilities Clifford Craig reported there 1¡ \1 are fifty-two homes in the Broadview subdivision now being I! supplied water by a private water company. The owner has been !\ !¡Cited by the State Health Department for regulation violations. II iland has decided to abandon the water system. He would be willing :1 il Ii II il I' I I January 26, 1988 425 I .. --- -..' .-.-----. -..- -_._- ---"-'---~- --- -----.. _.> '.__"n._.._ _ -. .- -., -- - -.. . _h _ .' _. '__' .__.___,._...____..__.._._. _ to turn the system over to the County or the state. The staf Big Hill water line. Staff has met with the residents an recommends that the County take over the water system. Th system is not in good condition, but it can be connected to th recommends taking over the system in the condition it is now with no improvements. If capital improvements are approved i the future, there would be a contribution for the improvement from the residents. Staff also recommends an allocation 0 $4,000 from the utility fund to connect the Broadview wate system to the Big Hill water system; and that no improvements b I made to the system unless the users agree to fund part of th cost. carried by the following recorded vote: In response to a question from Dr. Nickens, the stat would take over the system and find a new private owner if thJ I I, r Henry Davis, from the homeowners association, wa1 present and expressed appreciation to the County for thei~ II Sup e r vis 0 r M c G raw m 0 v e d t 0 a p pro vet h est a f ~I recommendation. The motion was seconded by Supervisor Robers an~ I I I I i ¡ I I I Supervisors Johnson, Robers, McGraw, Nickens, Garrett County refused. assistance in improving their water system. AYES: NAYS: None I r 426 January 26, 1988 ____~____'. '~_______"'___"_._'_.___ _._",'_._d. -U-li--- -------.-. ---,---'._-_._-------~._-- -,,--,-_._~---, --.. --_._-,-_._-_._-----~, -.-'--"--.-'..--'-- --~.__._..,. ~._- ~.._-----~.. ,-. -'- -.-- -.---.--------.- ~._----_.__._---_._.,-_._-_.--.__..- .-.--.------'¥.-- --~-_._------ .,....----..- 2. Settlement with the City of Roanoke for Bulk Water Purchases for the Fiscal Year ended June 30, 1987: Mr. Craig announced that the County has received a settlement statement from Roanoke City for the bulk water purchases for the period ¡ending June 30, 1987 in the amount of $174,483.60. This represents the deficit the County owes to the city during the prior year. The deficit was created because Roanoke City i jaccomplished more capital projects than anticipated. The staff í I Irequested information from the City concerning these capital i I. !1tems. None of these items benefit Roanoke County, but according í [to the agreement, they may be included in the rate calculation. IThey have requested that the City of Roanoke give advance notice I ¡Of such capital items and whether it benefits the County. Staff recommends that the deficit be paid and that the City advise the County in advance of anticipated capital expenditures. I Supervisor Johnson expressed concern at the cost of the þill. Chairman Garrett directed the County Administrator to meet ~ith representatives from Roanoke City within the next two weeks 1 I~o investigate a more equitable solution for the future, and that H i~r. Hodge report back to the Board at the February 9th meeting. Ii :1 II Mr. Craig advised that they had written to the City :¡ lþoncerning this, but as of this date, had not received a response. II 11 Chairman Garrett continued the matter until February 9th. 1\ " I ií II :1 II 'I I II r-- ............ ¡ I I January 26, 1988 _,,_ __..._~_._._ ._._ n'_ . _..,._. __ ___ __ .'~ _..___... _u ".'._ ._. 3. Establishment of an Automated Refuse S stem Container Policy: Director of General Services Gardner Smit 427 Thes advised that the County is ready to begin the automated test. They have visited other localities and found it is necessary t have procedures associated with the use of the container. rules include the fact that the resident must use the specia container and other rules concerning damage and replacement. Supervisor McGraw asked why the residents would b allowed to paint their container when one of the purposes 0 purchasing the containers was so that they would all b I consistent within a neighborhood. Mr. Smith responded that th main purpose was to allow stenciling of name and address. Supervisor McGraw moved to approve the policy, deletin the portion allowing residents to paint their containers. motion was seconded by Supervisor Nickens and carried by following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Mr. Hodge requested a work session on flood control I tributaries on February 23, 1988 at 2 p.m. Th thd , I I , i , ! i I II :1 I' i I i ani 'I II if II II II II I' ¡ II !j II 428 January 26, 1988 .----~-~-:--.---:__~o;':'.'.=.:~c~~~~~r~~---:~I=~ II II '--r- I: i IN RE: i REQUESTS FOR PUBLIC HEARINGS 1. Request for Public Hearinq to borrow short-term in ation of taxes: Assistant County Administrator John ham bliss advised that the County experiences shortages eriodically during the year based on the due dates of various It is necessary to have these operating expenses on hand taxes. I ¡ ~uring this time. ¡ A public hearing is now required to hold a !public hearing on this issue, and staff is requesting a public Ihearing on the matter on February 23, 1988. I ! þorrow. Mr. Chambliss responded that it will be in the ~eighbOrhOod of $10 million dollars. Supervisor Nickens asked how much it is necessary to The cost of short-term orrowing will be approximately $100,000. To avoid this in the uture, the County must have a larger fund balance. In the past, , e were able to utilize bond monies to avoid this, but they have ì þeen expended and the tax reform act now prohibits the use of þond monies for this. i! ¡i !I Supervisor Nickens moved to set the public hearing on IrebrUary 23, 1988. The motion was seconded by Supervisor Johnson Irnd carried by a unanimous voice vote. II 2. Request for Public Hearinq to amend ordinance I oncernin tax relief for the elderl and/or disable ersons: I I II II II II I I I I January 26, 1988 429 ._ _. ___ ""__Un __ _,,"__ ___... .___._..__ .-.,._,- .~_..~._-_._. --,-- --.---. --. .-.----. _...~. -.- --....--- _ __H __.._. __ Supervisor Johnson moved to set the public hearing on February 23, 1988. The motion was seconded by Supervisor McGraw and carried by a unanimous voice vote. 3. Request for Public Hearinq for Loan Applications to the Virqinia Resources Authority and the Virqinia Public School Authority: Supervisor Nickens moved to set these public hearings on February 23, 1988. The motion was seconded by Supervisor Robers and carried by a unanimous voice vote. IN RE: APPOINTMENTS 1. Library Board: Supervisor McGraw nominated James Miller to a four-year term expiring December 31, 1991, and' I representing the Catawba Magisterial District. Supervisor Garrett nominated Dr. Paul M. Zeis to a four-year term expiring December 31, 1991, and representing the Windsor Hills Magisterial District. 2 . Social Services Board: Sup e r vis 0 r Gar r e t tl nominated William P. Broderick to another four-year term. His term will expire January 1, 1992. Ii Ii II ! I ì I I I II II II II 'I It -I il !i I' II IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS r 430 January 26, 1988 -'~_._'_._------'-'--~-"-"-----"---'~ --------.--..-.- ,.-...-.-----..-.---- - -"'--,--- - ¡i I II ¡ ¡ Supervisor -~- ------------11--- McGraw proposed a Roanoke Valley Efficiency Committee to study ways to save money or improve services by consolidating services. The committee should consist of two elected officials from each locality in the Roanoke Valley. ¡He and Supervisor Robers would like to serve from Roanoke County. Supervisor Nickens announced he had met with representatives of the Lung Association and the Roanoke Valley IHealth Coalition, and has requested Keith Cook to take back to I lithe Employee Advisory Committee information to study smoking ¡policies in public buildings. I I I ¡IN RE: CONSENT AGENDA i I Chairman Garrett requested that Item J-6 be removed for discussion. Supervisor Johnson moved to approve the Consent Agenda with the exception of Item 6. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: I! !¡AYES: !¡NAYS: i i I i , ¡discussion. The motion was seconded by Supervisor Johnson and Ilcarried by the following unanimous recorded vote: IIAYES: ¡¡ il L Ii Ii ,I Ii II Supervisors Johnson, Robers, McGraw, Nickens, Garrett None Supervisor Nickens moved to approve Item 6 following Supervisors Johnson, Robers, McGraw, Nickens, Garrett I I I 431 January 26, 1988 .--..- --_. ..-..-.- -_._-----~_._-_..._----_._._- ----.-----.-...----..--.-..---- _.~---_... "-~'-"'-'''' -"--'-'-~--" .....- .____ __..____..,___.__~..___ ..__________.__...._._______-'-_..__n_.________._ NAYS: None RESOLUTION NO. 12688-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanok County, Virginia, as follows: 1. That that certain section of the agenda of th Board of Supervisors for January 26, 1988, designated as Item J Consent Agenda be, and hereby is, approved and concurred in as t each item separately set forth in said section designated Items through 8, inclusive, as follows: 1. Acceptance of 15-foot drainage easement dedicate by Strauss Development Corporation. 2. Acceptance of 22-foot water line easemen dedicated by Strauss Development Corporation. 3. Acceptance of l2-foot public utility easement an 12-foot water line easement dedicated by Dallas G. Jarrell and Joyce H. Jarrell. 4. Acceptance of l2-foot water line easemen dedicated by Elmer J. Craft, Jr. and Nancy P. Craft. I Request from Roanoke Valley Alcohol Safety Actioj Program (VASAP) Policy Board for ratification an confirmation of Board appointments. Confirmation of Committee Appointment to thj Library Board. Acquisi tion of sewer easement. I' I I II Ii Ii II 5. 6. 7 . r 432 January 26, 1988 -~-- ~- ·----===:--=-~:::-="~~'~==-=~~~~~~l~~~'~=;·: II Authorization to enter into agreement with I! Appalachian Power Company to maintain Clearbrook Park electrical service. -------~- -...----¡r----- I: Ii I' II I 8. 2. That the Clerk to the Board is hereby authorized land directed where required by law to set forth upon any of said I Ii items the separa te vote tabulation for any such item pursuant to this resolution. Items 1 - 5, 7 and 8, were approved on motion of i ISupervisor Bob L. Johnson, i seconded by Supervisor Harry C. I:Nickens, and upon the following recorded vote: rAYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett I !¡NAYS: None Ii :i I I I Item 6 was approved on motion of Supervisor Harry C. Nickens, seconded by Supervisor Bob L. Johnson, and upon the IfollOwing recorded vote: IIAYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett ¡INAYS: None ,¡ Ii d ¡IIN RE: REPORTS II 'I II 1 · s tat u s R e po r ton we 11 D r i 11 i n q Pro 'I: ram: ¡Assistant Director of utilities Gary Robertson presented the I I ¡ I I¡status 11 !¡ Ii :1 I i I II report on well drilling financed with the 1985 bond issue I ., I I .. ---..----.---- 433 January 26, 1988 '-'-- -..---..----- ..-.-..- ., .. -- . ,--...-..-.- . .--~ .._ .._ _. _'-________.________._.______.... ___h_._______ _.___... of $500,000. A slide presentation of the well sites was also viewed by the Board. Supervisor McGraw inquired whether the program has been successful. Mr. Robertson responded they have gotten goo quantities of waters, but the quality problems had been greater than anticipated. It is costing $75,000 to $90,000 per well. T I produce an adequate supply of water for the County, it would be necessary to find approximately 100 to 110 sites that produce 300 gallons per minutes. The following reports were received and filed: 2. Financial Statements for December 31, 1987. 3. Board Contingency Fund 4. General Fund Unappropriated balance 5. Capital Unappropriated Balance 6. Economic development activities for November, December 1987. IN RE: WORK SESSIONS 1. Individual Wastewater Treatment Plants: County Administrator advised that the staff had reviewed the information presented from the vendors concerning individual on-lot wastewater treatment plants. The staff has presented a written 434 January 26, 1988 .~...~-"... '--~'.. ~.- _....._,~~. ._._._-~._._.~-~--_. __..._.____" ~H__" "h_~_'"'_"_"_ ___.'~"___'._"'.__'__"_'___~". -1-- --- ----r jlreport outlining areas where they have concerns about these I iltreatment plants, but do not plan a presentation. If the supervisors have questions following the presentation by the vendors, staff will research them. Mike Price, Vice President, Sales of Norweco, advised he was also representing the Stone Company of Virginia who manufactures and markets individual wastewater treatment plants. I ¡He outlined the design, operation, maintenance and installation I lof this system. He also addressed the concerns that the County I ¡staff had indicated in their written report. I Supervisor Nickens advised that he had made several !inquiries to other localities and has found no problems with the system as proposed. One locality advised that the only use for these should be if your soil does not perk and you cannot put in a standard septic tank. Director of utilities Clifford Craig pointed out that the Norweco system is one of the best systems, but if the board I approves on-site individual wastewater treatment plants, inferior I Iplants may also be sold. The Comprehensive Plan would also have Ito be amended to allow for this type of system. I Supervisor Garrett moved to have this issue studied by lithe Planning Commission. 11 ¡INickens, and carried by the following recorded vote: IAYES: I The motion was seconded by Supervisor Supervisors Johnson, Robers, McGraw, Nickens, Garrett I I I I NAYS: IN RE: recess. IN RE: IN RE: 188-1 435 January 26, 1988 - ,,--- ----.----.-..- .~...- -.. --"-_.. -.. None RECESS At 5:05 p.m., Chairman Garrett declared a dinne EVENING SESSION At 7:05 p.m., Chairman Garrett reconvened the meeting. PUBLIC HEARINGS Public Hearing for Citizen Comments for items to be included in the 1988-89 fiscal budqet hearing before the staff begins the final budget process. Mr. Hodge reported this was a preliminary public allows citizens the opportunity to present requests before This the i , budget is finalized. Irwin Holtzman, 3511 Forester Road S.W. spoke requesting an additional zoning enforcement officer to enforce the zoning ordinances. 436 January 26, 1988 __._w.._______.____·__~~··_ ..~_ ~_____._ _".. -_'._ _._-~--._-._-_._---------_....~.~---_.- _w~_._._._._ .'--,--,---------_.._.._._~._-,~._.__. I ¡188-2 i I i I I I I I Ii II ¡I¡continued to allow the attorney and developers for the peti tioner I,to meet wiEthd the residents to discuss the matter. I! Natt, attorney for the peti tioner, announced that a " Petition of John Newcomb to rezone with certain conditions a 1.714 acre parcel from R-3 Residential to B-2 Business to construct a restaurant, located at the northeast corner of Glen Heather Drive and Route 419 within the Windsor Hills Magisterial District (CONTINUED FROM DECEMBER 15, 1987) ---- --~-----------r---- I --- DENIED Chairman Garrett announced this petition had been ~eeting had been held with the area residents. Many of the ¡Iresidents stated they felt there needed to be an entrance-exi t on flen Heather Drive for safety purposes. He also advised the citizens at that time it would be impossible to locate the I restaurant at Oak Grove Plaza or Southwest Plaza because there ould not be enough room for proper parking facilities. He also ¡felt there was no other parcel of land on Route 419 that could be used for this type of development. The residents had asked if I~he restaurant could be located at alternate sites. ii I: Mr. N at tal so a d vis e d t hat the s tat e had con d u c t e d a II I~raffic study of the intersection and a traffic count. The state I !felt that there was no need for a traffic signal based on their ! 16 r i t e ria. Mr. N at t pre s en t e d ape tit ion in f a v 0 r 0 f the II . líeZOn1ng · II !\ II 'I II I' II !I II I H 0'_ _ _> _'_ __ rezoning: January 26, 1988 437 o_~·o_.__'-__·_ _ _.~ _. The following spoke in opposition to the proposed 1. Tom Palmer, Attorney for the pines Homeowners Association, and the residents of Wyndale, Bower Road, Carriage Drive, Sugar Loaf Farms and Wyndmere areas, and advised that the residents in this area felt that no new information was presented at the meeting between the attorney and residents. He presented a petition opposed to the rezoning. I I , I I They expressed concern about the increased traffic onl both Route 419 and Glen Heather Drive, safety of children and teenagers walking to the restaurant, traffic hazards to SChOOll¡ buses, and devaluation of property. Several petitions were, 2. 3 . I 4. 5. 6. 7 . Sarah Ayer, 4700 E. Sussex Court Betty A. Holt, 2114 Bridle Lane S. w. Ralph Seidman, 4760 Sussex Court Dr. W. P. Lanier, Jr., 4743 Woodley Dr. S. W. Keith Bartgis, 2222 Cantle Lane S. W. Robert S. Bersch, 3430 Stonehenge Square presented in opposition to the rezoning I The following spoke in favor of the proposed rezoning: I II I 1. Frank Radford, 3421 Shadblow Lane 2. Ron Vaughan, 4635 Roxbury Lane S. W. 438 January 26, 1988 _._-------,-~--~,_.~-------_._-~..._._--------,._----,_.'--'.', _~~>,,·m_.__.,_._._,__ --'-----_..._-_..-._,~,_._--,-----~_._..._-----~. --.------- '-"-"~--'- -----r---- -- I Supervisor Garrett presented a letter from the City of oanoke Planning Department opposing the proposed rezoning ecause of its potential negative impact to the residents on the ity side of Glen Heather. Supervisor Garrett also expressed I oncerns about safety and traffic in the neighborhood. II Mr. N a t t poi n t e d 0 u t t hat t his r e z 0 n i n g i sin ~omPliance with the Land Use Plan, it improves the site plan and plen Heather Drive. The traffic count and traffic flow have ~hown that it does not have a negative impact. This rezoning II.rOUld also help reach the 75-25 goal for economic development. I Supervisor Garrett moved to deny the rezoning. The otion was seconded by Supervisor Robers and carried by the ollowing recorded vote: Supervisors Johnson, Robers, Nickens, Garrett AYS : McGraw N RE: I I I I I i IN RE: I II ,I il 'I !i 1- I I I ~ I I, RECESS Chairman Garrett declared a five minute recess. PUBLIC HEARINGS (Continued) I I 439 January 26, 1988 _u _.,.. ~_. ..___.._._ .__ . ..~ -."-." ._'.~-- .,..__.__u_ ,_.___ _ ~.._. ",..-..-- -- 188-3 Petition of Peter L. Williams to rezone a 5.08 acre tract from B-2, Business to R-3 Residential to construct multifamily apartments located at 7655A and 7655B Marson Road within the Hollins Magisterial District (REFERRED BACK TO PLANNING COMMISSION ON DECEMBER 15, 1988) APPROVED WITH PROFFERED CONDITIONS Assistant County Administrator Timothy Gubala advised this petition went back to the Planning Commission on January 5th. No one was present in opposition to the petition. There are amended proffered conditions and an amended site plan. The Planning Commission recommended approval by a unanimous vote. I Supervisor Johnson asked if the amended proffers will take the place of the existing proffers. Mr. Gubala responded affirmatively. Supervisor Johnson stated he was still not pleased with the petition, but with the amended proffer of conditions some of his objections are removed. Supervisor Johnson moved to approve the rezoning with the amended proffer of conditions. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett N.AY S : None FINAL ORDER I == - . ---¡r---- i I i I i I I - --_._-~ ----=7C=~'O=~~=-- ---==~~-- ---- ~':-~=-;::~=:C_I=-~_ I I I i I II I I I ì I I i I I ! i i I i Ii II !i Ii I' Ii II 'I [I ,II I ¡ 11 II II II Ii I I 440 .. January 26, 1988 NOW, THEREFORE BE IT ORDERED that the aforementione parcel of land, which is contained in the Roanoke COunty Tax Maps as Parcel and legally described below, be rezoned from B-2, General Commercial District to R-3, Multi-family Residential District. A 5.08 acre parcel of land generally located at 7655A and 7655B Marson Road within the HOllins Magisterial District and recorded as Parcel #27.11-1(20 and 21) in the Roanoke County Tax Records. BE IT FURTHER RESOLVED that a copy of this order be I transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the Official Zoning Map! of Roanoke County. AMENDED PROFFER OF CONDITIONS I i 1. That the existing structure shown on the "Williams"1 I tract will be demolished prior to or at completion of the 3 buildings on the west side of the driveway. The existing structure on the Looney tract will be demolished prior to or atl completion of the units on the ease side of the driveway. i 2. That the site plan prepared by Richard A. Gregory &1 Associates, Inc., and submitted with the Petition shall be! I substantially conformed with in the development of the property with the provisions that upon demolition of the eXisting! ! I I I r 441 January 26, 1988 -------¡y- Ii Ii !structures, two additional buildings, each containing 12 units, i Imay be constructed. The additional building on each side of the driveway may be constructed upon completion of the aforesaid -== . ~--===: -=--=,--o===O_~~=::~~lF~~~~~~ I demoli tion. I I, I I' 1188-4 j , Ii II APPROVED WITH PROFFERED CONDITIONS II "Dir,ector of Planning Rob Stalzer reported that thJ II Petl. tl.oner l.S requesting the rezoning of the front portion of the j! II property for a convenience store and oil distribution facili ty. liThe petitioner is requesting amendment of the proffers to allow Ihim to operate a contracting storage yard and automobile I overhaul, and repair and service requiring outside storage of ¡vehicles. Petition of Davis H. Elliot Company, Inc. to amend conditions and to rezone a 9.33 acre tract from M-l Industrial to M-2 Industrial to construct an office and contractors' yard, located on the southeast side of Route 460 in the Hollins Magisterial District. I Speaking in opposition to the proposed rezoning were Richard H. Lowe, Jr., 4017 Challenger Avenue, Roanoke Va. 124012, and Lelia Albrecht, 4775 Lake Back-O-Bergon Drive. They Iwere concerned about the property values in the area as a result I lof the rezoning, the possibility of oil spills, and traffic I Ihazards. They were also concerned about the messy condition of Ithe property. I I I I i I / r¡ 1 , I I ,., January 26, 1988 442 - _,__ ~ - ___ _.._______. ._.__.___.__ - ____ ___,___.__.n_ - +-- +--- - '--'--'---'--_._--~------~-_.-----.._-. - Steve Waldrup represented Davis H. Elliot Company, Inc He presented the site plan and outlined what the petitioner wil be doing. Supervisor McGraw moved to grant the petition wit proffered conditions. The motion was seconded by Superviso Nickens and carried by the following recorded vote: AYES: Supervisors Robers, McGraw, Nickens, Garrett NAYS: Supervisor Johnson Supervisor Nickens stated he was still concerned abou the messy storage facilities and the view from the surroundin< residential area. Supervisor Johnson also stated he was concerned abou1 possible contamination of water as a result of oil spills becausE of the acquifer that is under the petitioner's property. FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementione< parcel of land which is contained in the Roanoke County Tax Map~ ! as Parcel 50.01-1-2 and recorded in Deed Book 1259, Page 1702 an< legally described below, be rezoned from M-l Light Industria District to M-2 General Industrial District BE IT FURTHER ORDERED that a copy of this order b~ transmitted to the Secretary of the Planning Commission and that II !I II ~ 4-4:2 January 26, 1988 ---,------------------.---. --_..~. .... _..- ---"--'--- T he be directed to reflect that change on the official zoning map - .-----.'.-- . _.._'-'------------_.._~--_._.- -~_...__.,-- of Roanoke County. I II I I Starting at a point in the southerly right-of-way of U. S. Route 460 and being shown as Corner No.1 on Subdivision of PerimeterEast Commerce Center, Phase I (Plat Book 10, Page 113); thence leaving the right-of-way of U. S. ROute 460 and with the property of Nancy G. Creasey, et als (Will Book 386, Page 729), S. 650 44' 53" E. 257.76 feet to the point of BEGINNING; thence leaving the Creasey property and with the southerly line of Lot 3 of Perimeter East Commerce Center, N. 380 21' 11" E. 224.01 feet to a point in the westerly line of Lot 2;thence leaving Lot 3 and with the line of Lot 2, S. 51038' 49" E. 36.50 feet to a point; thence still with Lot 2, N. 380 21' 11" E. 300.00 feet to a point in the westerly line of a 50 foot right-of-way; thence leaving Lot 2 and with the right-of-way of a cul-de-sac whose radius is 50.00 feet, whose arc is 261.80 feet and whose chord is N. 380 21' 11" E. 50.00 feet to a point in the easterly right-of-way; thence with said right-of-way, N. 510 38' 49" W. 36.50 feet to a point; thence leaving said right-of-way and with the southerly line of Lot 1, N. 380 21'11" E. 204.93 feet to a point; thence leaving Lot 1 and with the Virginia H. Davis property (Deed Book 639, Page 125), S. 380 17' 08" E. 227.05 feet to a point; thence continuing with said Davis property, N. 790 42' 48" E. 135.67 feet to a point; thence leaving I I 444 January 26, 1988 ___u._._ ~__ ._._.__..._______. __. __._>..~_.._.._. ~. --. _._------ .--- - - . - - ----_._........~.-..__..._---~_._. ..----.--..----- -.-...--...- I said Davis property and with the property of Dr. Richard H. Lowe, Jr. (Deed Book 1105, Page 512), S. 10 55' 48" E. 756.43 feet to a point; thence continuing with the Lowe property, S. 710 38' 05" W. 202.63 feet to a point; thence leaving the Lowe property and with the property of Nancy G. Creasey, et als, N. 210 11' 35" W. 125.91 feet to a point; thence continuing with said Creasey property, N. 650 44' 53" W. 598.087 feet to the point of BEGINNING and containing 9.331 acres and being all the remaining property of Jack F. Walrond, Jr. (Deed Book 1259, Page 1702) as shown on Subdivision of Perimeter East Commerce Center Phase I as prepared by T. P. Parker & Son, Engineers and Surveyors, Ltd. dated 23 October 1987 and recorded in Plat Book 10, Page 113. PROFFER OF CONDITIONS (1) Earth berms on west - 460 frontage property lin shall be retained in an approximate size of 4 feet in height Earth berm on east - rear property line to be retained in a I approximate size of 4 feet in height. Earth berms are to b I seeded and/or covered wi th plant materials. Ii II I' I! Ii ji (2) Subdivision restrictions for Perimeter East commerc~ II Center, which were proffered, shall be amended to apply to th1 M-2 Users, specific to Section 21-24-2 Paragraph A (1) and T(hsjl and development of the rear acreage specific to one user. ~ subsections amended are: Parking, landscaping, fuel storage, usj I I 4:45 January 26, 1988 "~'_'_.._~__,__.._p,.. .._'_""."_'_ ",~_.~r__ ., __.," .,___ ~_... ~._ ..'_....__ __·_"·_~_'_,"_·_r__,._ _ ___~_._.__._..._ _,.'___._______.~~ ___. n_ _ '_'_'_'_'__.___,______..,__, __.~..._____~__ -"---;r - I: !: I. ì! ¡limitations, building facades and signs. ¡ Ispecifically address a change from a M-l to M-2 zoning. ' II II ------Ir------ The amendments (3) Proffer #9 and 10 of the Rezoning shall be amended, specific to current site development. (4) Future road right-of-ways set forth on subdivision ¡IPlat Perimeter East Commerce Center, dated October 2, 1987, and I. ;:recorded in Plat Book 10, page 113, is to be deleted. i Ii ( 5 ) Waste oil tank (maximum 1,000 gallons) shall be of ¡buff hide construction with dry well monitoring. ,I (6) Vehicle maintenance shop shall be for the sole use of ¡Davis H. Elliot Co., Inc. vehicles. i I ! (7) M-2 use shall further exclude the uses as set forth under Section 21-24-1 of the Roanoke County Zoning Ordinance I IluPdated August 4, 1986, mini warehouses. II Ii PROPOSED RESTRICTIONS PERIMETER-EAST COMMERCE PARK I I It is the intent of the restrictions as applied to the B-2 ¡General Commercial District and M-l Light Industrial District to ¡I !Iencourage the use of landscape screening, buffered parking areas I' n íl ;¡ :1 II 'I il II II I I 446 January 26, 1988 .. --.. -_..- -. -...-.-....---.-..-.------.' --"--....."-.--.------- --.,.,. -_.. ..' --'._~.'-- ---.._.- _. ,- _.u_"___.__ ___ _ _...__._._..._..____.._.__._._,_~.__._.__.___._._....___~._ _ .__ and sign age, such as to produce an attractive commercial district and working environ. All of said tracts of land shown on the development map of Perimeter East Commerce Park shall be subject to the covenants, conditions and restrictions as follows: PERFORMANCE STANDARDS No obnoxious or offensive trade or activity shall be carried on nor shall anything be done thereon which may be or become an annoyance to any person or entity owning property within I Perimeter-East Commerce Park or adjacent to said Park, by reason of excessive emissions of smoke, odors, dust, nongaseous fumes, I excessive noise, or excessive glare or heat. It is the intent of the performance standards, as set forth, to provide that commercial and light industrial properties shall be developed and maintained with proper appearance from streets I and adjoining properties and to provide that each such permitted use shall be a good neighbor to adjoining properties. The recipient of a building permit within the Commerce Park should! note that these performance standards, like other provisions, arei continuing obligations and the property is expected to operate in compliance with these standards. I I A. Smoke - Measurements shall be at the point of emissions.1 Emissions shall not exceed a 20% opacity, as determined byj I I I [monitoring by standards of the Virginia Air Pollution Control I Ii Board. Ii B. II prevent particulate material from becoming air borne. The ¡¡precautions may include, but are not limited to standards as set I forth under the Regulations for the controlling of air pollution, Section 120-04-0104 of the Virginia Air Pollution Control (Board Iii, (January 1, 1985). ! I i i ¡to be discharged into the atmosphere from any affected facility lany emission which cause an odor objectionable to individuals lof ordinary sensibility. I D. Gases - Fumes or gases shall not be emitted at any point I in concentrations or amounts that are obnoxious to individuals of ordinary sensibility or are toxic or corrosive. I I Ithe tract on which the operation is located. Noise shall be ¡¡mUffled so as not to become objectionable due to intermittance, !i ¡I beat frequency, shrillness or intensity. At the property line, II the sound pressure level of noise radiated continuously from a i ¡ facility shall not exceed the values given in Tables 2 and 3 in !I II any octave band frequency. :1 I, íi 'I II 'I II Ii ,¡ Ii II ,I 'I I ---¡r-- [1 -447 January 26, 1988 ~- -." ------- --_._-_._-----'~--_.._._~-_._----------------_.,._._----_.'._'-"'-~'~ ..-..'---_..._-,...~_.-.. _. --p._--_.~._----------~._---_.^ - ---I ---.-------- I Dust - Reasonable precautions shall be maintained to C. Odor - No owners or other persons shall cause or permit I E. Noise - Noise shall be measured on any property line of TABLE 2 I 44~ January 26, 1988 _.__ _, .,0'-...... ..___ . .. ---_. ._---_.._~_.._~._----_.. -_._~._........- Maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility. Frequency band Cycles per Second Decibel*Level I 20 75 150 300 600 1,200 2,400 4,800 10,000 20,000 30,000 40,000 75 150 300 600 1,200 2,400 4,800 10,000 20,000 30,000 40,000 50,000 69 54 47 41 37 34 31 28 26 ** 25 ** 24 ** 23 ** * According to the following formula: Sound Pressure Level in Decibels equals 10 log PI P2 where P2 equals 0.0002 dynes/cm2 **To avoid possible interference with animal experiments. If the noise is not smooth and continuous, one or more of the corrections in Table 3 below shall be added to or subtracted from each of the decibel levels given above in Table 2. TABLE 3 I i I II I' :1 Type of Operation or Character of Noise Correction in Decibels Noise source operates less than 20% of anyone hour period I Noise source operates less than 5% of anyone hour period Noise source operates less than 1% of anyone hour period Plus 5* Plus 10* Plus 15* - _. _- --C=~~~~~~~:~~~,--~~~-:':_ I 449 January 26, 1988 ---,---_._._---_._-~-,~"'- -. --- ~ i1 I' Ii i I: I Noise of impulsive character I (hammering, etc.> I Noise of periodic character II (hum, screech, etc. > I * Apply one of these corrections only. Minus 5 Minus 5 F. Glare - Whether direct or reflected, such as from floodlights, or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line. II, G. Exterior Lighting - Any lights used for exterior I !illumination shall direct light away from adjoining properties. I I ¡ H. Vibrations - Vibrations shall not be discernible from lany property line to the human sense of feeling for three minutes lor more duration in anyone hour. I I I. Radiation - Operations shall cause no dangerous radiation at any property line as specified by the regulations of II the Uni ted States Atomic Energy Commission. II J. Waste - All sewage and industrial wastes shall be I !¡treated and disposed of in such a manner as to comply with Ii I) ¡IVirginia water quality standards and Environmental Protection I; II II Acts as applicable. :1 ¡I PARKING :1 il Each user permi tted in this park shall provide adequate ;¡ :1 Ilpaved off-street parking for its employees and visitors and d ¡¡exterior lighting requirements, as set forth for off-street 11 II parking requirements, as herein adopted or may be adopted by ;1 il II :1 II II I, I I I I 45 () January 26, 1988 .------ - -- .. ---.. -..--- ~-------._.__._-_.. ~ ~ '. ~.~---'-".---~-_..-------'.--.-------+---_. - Roanoke County. Development plans under the B-2 District shall be set forth such that any building is placed along the frontage of the lot with no less than 80% of the parking requirements being placed at the rear of the property. LANDSCAPING No buildings or structures above ground shall extend beyond the setback lines and is hereby declared that said area between the setback lines and the property lines is to be used for either open landscaping and green areas or oEfstreet paved parking areas. Within the B-2 zoning, a minimum of a 3 foot wide planted perimeter shall extend along all parking lot areas and between buildings and adjacent property lines. Planting shall be in conformity to Section 21-92 General Standards, Subsection C7 of the Screening and buffering Ordinance of the County of Roanoke, as now adopted or as may hereafter be amended, excepting trees shall not be planted as to obstruct the visibility of buildings within the B-2 zoning from traffic on 460 East. Within the M-l zoning the road frontage of the parking areas shall be adequately screened to lower the visual impact of the parking areas, specifically recommended screening materials shall include decorative masonry walls, brick walls, a combination of earth berms with landscaping. All landscaping shall be properly maintained thereafter in a sightly and well kept condition. · _._--=~--~----~=~-='::~~~=~~;:~.=.-=~~~--- I -.- I l\ t> "\. ,January 26, 1988 ~,_. ~_._--~.__.. -----~._.__._~ ¡Landscaping specifically shall be in conformity to Section 21-92, ! Ii General standards, subsection C7 of the Screening and Buffering lordinance of the County of Roanoke, as now adopted or as may hereafter be amended. USE LIMITATIONS Without otherwise limiting the provisions of the performance Standards or any other terms or conditions of these restrictions, the building or premises, except as otherwise provided in these restrictive covenants may be used for any use permitted under ¡Section 23-2, B-2 General Commercial District and Section 21-24, IM-l Light Industrial District of the Zoning Ordinance of the I¡county of Roanoke, Virginia, updated August 4, 1986, excepting the following uses shall not be allowed: I B-2 zoning to exclude the following uses as set forth under ¡ IISection 21-23-2 of the Roanoke County Zoning Ordinance update ¡iAUgUst 4, 1986, public billiard parlor and poolrooms, golf ildri ving range, flea markets and public dance halls. Ii M-l zoning to exclude the following uses as set forth under ii q l¡section 21-24-1 of the Roanoke County Zoning Ordinance -update II I' ;IAugust 4, 1986, automotive repair, overhauling or service II I¡requiring outside storage of disabled vehicles, kennels with I: I¡exterior runs or yards, and flea markets. ii ,< II ¡¡HEIGHT LIMITATIONS II ! ~ ;; i: ;¡ ii II 'i Ii If Ii !I Ii !! I I I I 452 January 26, 1988 -~. -,.- ------..,.- '.-. "....-.-.-. .----.-.,---- -.-.-.-------.---- ._n ____ ._.~~.___u__._._ . .___ _ _, __ __ . __ __,_, _ u_u.._ _.. _ Improvements erected on the property, subject to this declaration, shall not exceed 30 feet in height provided, however, that accessory structures or equipment required to operate and maintain the building and provide adequate fire an related security or structures as specifically related to Section 21-24, Paragraph E under the Zoning Ordinance may exceed this height with the written approval of Grantor, its successors or assigns. DEVELOPMENT REVIEW These covenants shall and do hereby provide that no improvements as herein defined shall be erected or placed on any building site in said development until the plot plans, showing a location of such improvements on the particular building site and an architectural sketch or an acceptable rendering showing the external design of the building and site improvements have been submitted to and approved in writing by the Grantor or assigns as to the conformity to and harmony of design with existing structures in the development, and as to location of the improvements on the building site, given due regard to the , anticipate use thereof as shall may affect adjoining structures,1 uses and ope rat ion s, such approva 1 not to be unrea so nablyll withheld. The right to approve or disapprove the proposed plan! I shall rest with the Grantor or its assigns or successors. I SETBACK REQUIREMENTS I I I I ! i 453 January 26, 1988 No part of the structure shall be erected nearer the street than the setback line as required by the Zoning Ordinance or no less than shown by recorded map of Perimeter-East Commerce Park. BUILDING FACADES M-l DISTRICT All buildings erected on the lots within the M-l Light Industrial District overlooking Route 460 East shall be so constructed that the portions visible from Route 460 shall be faced with IbY use of I I !decorati ve brick or an equivalent material or shall be screened specifically recommended screening material, such as, masonry walls, brick walls or a combination of earth berms and landscaping. Landscaping specifically shall be in Iconformity Section 21-92 of the Screening and Buffering Ordinance of the County of Roanoke, Virginia, as now adopted or as may hereafter be amended to provide adequate screening from !visibili ty. Ii !i IPUTSIDE STORAGE !! !i The storage of bulk commodi ties or any other material stored Ii lþutside of the structure shall be confined to an area so screened ii :: i~s to minimize the visual impact to adjacent property owners and ii I~ighway view. Acceptable screening materials shall include wood I; I~tockade fence, decorative masonry walls, brick walls and earth 'i 11 lþerms with combination of landscaping. Ii IFUEL STORAGE !1 II I 'I Ii ¡I II I' II II ~- ::=:=~~ I I I 454 January 26, 1988 .. __·__h"___.'.'_+_'_'___ ...__ u..__ _.._u_.____.________..._.__" ..-- -. -,---...--.... ......- - -,- ~.._..... "_.. All fuel storage tanks shall be located underground at a depth and location in full compliance with rules and regulations with any governmental agency or agencies having jurisdiction over such matters. Bulk storage of all liquids, shall be permitted only in locations which shall not detract from general appearance I of the property and shall be underground at a depth to comply I with the rules and regulations of any governmental agency or agencies having jurisdiction over such matters. UTILITY LINES All utility services, inclusive of electric shall be placed I underground between the property line and the structural improvements. ENFORCEMENT RIGHTS All persons or entities owning property within thel Perimeter-East Commerce Park shall have the right to enforce the II above conditions and restrictions by a suit in equity to prohibit I I :a:::::t::: ::c:u::o:::::::~ions or by action at law to recover, I I Ii TEMPORARY STRUCTURES ii " 11 No trai ler or other outbuildings of temporary character II ,I shall be built or used within the industrial park, except as may Ii II II be required during the time of construction. II I EASEMENTS , II !I II 1988 ---_._----_.~~~~:-:~=::=~--~==~~~~-~-~~~~~- - ..... ------r----·-- I 455 January 26, ~-T I. " i i I I I Perimeter-East All lots are subject to easements, as shown on the map of Commerce Park as to be recorded and may be amended to properly service properties within the Industrial Park and satisfy the requirements of applicable utility authorities and I Igovernmental agencies. 188-5 Petition of Construction and General Laborers' Local Union No. 980 to rezone a 1.14 acre tract from A-I Agricultural to M-l Industrial to B-2 Business to construct an office located on the north side of Peters Creek Road in the Hollins Magisterial District. APPROVED WITH PROFFERS It i ¡conditional request to construct an office building. The current Iland use is transition. There was no one in opposition at the I ~lanning Commission hearing. I ¡limiting the use to office space, ensuring that the property will Ilbe developed in accordance wi th the concept plan. [!commission recommended unanimous approval. !: I, II I~otion was seconded by Supervisor McGraw and carried by the II !~ollowing recorded vote: Director of Planning Rob Stalzer reported this was a There are proffered conditions The Planning Supervisor Johnson moved to approve the petition. The I~YES : ¡INAYS: I ¡¡ II :1 :1 !i Supervisors Johnson, Robers, McGraw, Nickens, Garrett None FINAL ORDER ,¡ ¡¡ I I 456 January 26, 1988 _.' --- '.-".--'-.'--.-'" -.- . ---..---..., ..,-_. NOW, THEREFORE BE IT ORDERED that the aforementione parcel of land which is contained in the Roanoke County Tax Maps as Parcel 37.08-1-1 and recorded in Deed Book 800, Page 585 an legally described below, be rezoned from A-I and M-l District to B-2 District BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. I BEGINNING at an iron on the northwest side of Virginia Route No. 117 at the easternmost corner of a 0.569 acre parcel conveyed to Roy L. Tolbert, et ux, by deed dated March 15,1966, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia in Deed Book 800, page 585, thence with the northeasterly line of said Tolbert property N. 330 56' 30" W. 248.29 feet to a point; thence N. 550 30 ' 10" E. 200.0 feet to a point; thence with a new division line through the property of Branch and Associates, Incorporated, S. 330 56' 33" E. 250.23 feet to an iron on the northwest side of Virginia Route No. 117; thence with the line of Route No. 117, S. 560 03' 30" W. 200.0 feet to the place of BEGINNING, and containing 1.14 acres, more or less, and being shown on a plat by T. P. Parker, C.L.S., dated January 15, 1971. II II I ~ il I, :1 Ii I' !I I' I' Ii ì' 'i Ii ,: Ii I; Ii .' ii I it Ii Ii ;, " II ¡: i[ !Î II Ii ¡i Ii Ii 457 January 26, 1988 'iI-- I: j¡ II PROFFER OF CONDITIONS I Use of subject property will be limited to office space. ,'. Property will be developed in substantial accord wi th I Isite plan submitted with the following exceptions: _o~~~~~~~~=~~.~ the (a) Remaining undeveloped portion of the property, if eveloped, will have landscaped front yard, parking at the side r rear of the building and one sign of limited message, simple eometric shape, consistent lettering type with adequate spacing. II (b) lþe shared with either property to the northwest or with any I~UildingS developed on the undeveloped portion of the subject , rroperty. I (c ) 6ection 21-92 of the County Zoning Ordinance. i Ii I' ~aximum) as not to impact adjacent duplexes. Ii I~· Sign will be of limi ted message, simple geometi c shape, lþonsistent lettering types with adequate spacing. No billboard ~ I I' ~dvertising permitted. Ii Ii i: Ii 1~88-6 I' 11 Ii !1 Ij I: i, il ¡I Ii II I I Access to the building shown on the site plan will I Screening and buffering on the site will comply with (d) On site lighting will be of limited height (14' feet Petition of Everett J. Miles to rezone a 0.25 acre tract from B-2 Business to B-3 Business to operate a used car lot, located north of the intersection of Route 311 and I I I I I ."._~_ ." ,_.,__. _.._.u. 458 January 26, 1988 - - --. .. -_..._---~.. -_..- ...--.----.... --'-'---"~'--' ._..~-_._-- -_. .'~--" ---...- ...-.-......... Route 630 in the Catawba Magisterial District. APPROVED WITH PROFFERED CONDITIONS Mr. Stalzer advised that the current land use for thi tract is Core which encourages intense commercial and residentia use. The staff indicated significant impact facts including sit layout, and the site lies close to the 100-year floodplain. There are proffered conditions, and the Planning Commissio unanimously recommended approval. Supervisor Johnson moved to approve the petition. Th motion was seconded by Supervisor Nickens and carried by th following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSTAIN: Supervisor McGraw FINAL ORDER I NOW, THEREFORE BE IT ORDERED that the aforementione~1 parcel of land which is contained in the Roanoke County Tax MapJI il as Parcel 36.01-2-3 and recorded in Deed Book and legall~! II described below, be rezoned from B-2 Business District to B-1 business wi th condi tions District II II BE IT FURTHER ORDERED that a copy of this order b,1 transmitted to the Secretary of the Planning Commission and that!1 I ¡ I Ii I 459 January 26, 1988 ----¡ru Ii I, ... .. -. -_. - ". -.-. --.-- ---- ----... --t ...... ~ ----". -.-.- -:::....:::.~::...-.:-:.==::-:.:=..- ""I i-::'-:-= :.::-:.:-:::-:::-:-:-=...... .. . I ! --- - - I I þe bf I II I be directed to reflect that change on the official zoning map Roanoke County. BEGINNING at an iron on the southern most corner of the property on Virginia Route 311 conveyed to Everett Jackson Miles by deed dated December 5, 1973; thence with the northwesterly line of said Miles property N. 46.00 w. 75.3 feet to a point; thence N 430 16' 33" E. 54.7 feet to a point; thence S 460 OO'E. 75.3 feet to a point thence with the line of Route 311, S 440 OOO'W. 54.7 feet to the place of BEGINNING. r ,I 1:(1) !( 2 ) PROFFER OF CONDITIONS Use of property will be limited to used automobile sales. No outside overnight parking of inoperative or junk rehicles. 11< 3) No on-premises automobile repairs shall be conducted. li(4) Existing entrance west of Hanging Rock Market (facing Va. 1611) shall provide only means of access to this business. I( 5 ) M a xi mum s i g nag e s i z e to be 4' x 8'. No po r tab 1 e s i g n s I I þermitted. ¡i ¡~6) No more than 20 vehicles on site. 11 II II I~ 88-7 !I I, 'I I, II II II II ,\ II II Ii Petition of Brambleton Medical Associates to rezone a 1.48 tract from R-l, Residential to B-2 Business to construct a parking lot, located south of 3142 Brambleton Avenue in the Cave Spring Magisterial District. I I January 26, 1988 460 ~ -------.-..-------.------ --.- .,.~---_.. -.---..-.---.. -- 188-8 Petition of Brambleton Medical Associates to amend the Land Use Plan: 1.48 acre tract from Neighborhood Conservation to Transition, located immediately south of 3142 Brambleton Avenue in the Cave Spring Magisterial District. CONTINUED TO FEBRUARY 23, 1988 Mr. Stalzer advised that these petitions are unusua well as low to moderate density residential development. At th because one is for the rezoning and the other is for a Land Us Plan amendment. The Planning staff and Commission have bee working on a policy whereby rezonings not in conformance with th I Land Use plan will require a public hearing for both th amendment and rezoning. Mr. Stalzer reported that 188-8 is a request to amend th Land Use Plan for this tract to Transition, which encourage higher density, mixed use commercial and office development a Planning Commission, citizens were concerned that establishe land use principles were being violated and that potentia I I The staff reports n9 significant impact factors concerning the amendment of the lan~ I use plan. I The rezoning (188-7) was originally heard on November 5t~ and continued to December 1, 1987. At the November 5th hearin~ the petitioners were requesting construction of a new OffiC1 i I I I II devaluation of property could occur. r- 461 þ~ January 26, 1988 _ . _ ___4_ __ - .._._,..._~-_._._-.. ..-----. ~r~-----~ -- ¡ ________·__·______~,_·__··_.~4'_,___._.___._. __ ._.__._...___....___,._ .._.._._.~_ "'_.,.". ""~__""_ _.__ m____··_____·____···.·,·,···___~____·_·________"·__··____.__._____.._ 4_.__··..__._______"__~.___·__·,_~ building to the rear of the existing office. Because of citizen concerns, the petitioner modified the request to construct only a parking lot where the office would have been constructed. The Iparking lot would serve the eventual expansion of the existing !Of f ice complex on the front portion of the property. There were I proffered conditions at the December 1st meeting. When this ¡parcel was originally rezoned in 1976 there was a R-l strip I I ¡remaining on the eastern portion of the property to serve as a i ¡buffer. The original request included rezoning this strip to B-1 , ¡but the petitioner modified this request to remain R-l. Supervisor Robers asked if the R-l strip was already I ¡ ¡encroached upon. Mr. Stalzer responded that the parking area would encroach approximately 20 feet into the R-l strip. This is for three parking spaces, two for handicapped and one for la van. Under the present zoning it would have to be a B-1 or B-2 I !zoning, but this violation is an administrative matter and not I par t o f the r e z 0 n i n g pro c e s s Ii II i¡ l¡i¡Irwin E. Holtzman, 3511 Forester Road S. W. _I Supervi sor Robers moved to deny the amendment to the Land II Iluse Plan. II Supervisor Johnson asked if denial of this amendment Ireant that the rezoning could not go forward. Mr. Stalzer il II I I I II John T. Molumphy was present to represent the petitioners. Speaking in opposition to the Land Use Plan amendment was The motion was seconded by Supervisor Garrett. I I I 462 January 26, 1988 ~_.__.._".____ _~._..~ . ,_. ___·__n______·___.~_·____.__~·_ .______________. a.____ responded that the rezoning could go forward, but if it does, it undermines the use of the Land Use Plan. County Attorney Paul Mahoney agreed with Mr. Stalzer's interpretation. Supervisor Nickens advised that he did not feel he had enough knowledge to, make a judgment at this point. Supervisor Robers withdrew his motion to allow the staff to further investigate these petitions. The petitions were continued to February 23, 1988. 188-9 Petition of Sprinqwood Associates for a Use Not Provided For permit to operate an oil change business, located at 3513 Brambleton Avenue in the Windsor Hills Magisterial District. APPROVED Supervisor Garrett announced that since there was no opposition to this request, he would move approval of the permit. The motion was seconded by Supervisor Robers. Supervisor Nickens advised that he was concerned that the petitioner kept requesting to do more on the same square footage. ,I Mr. Stalzer responded that the zoning administrator has rUledil that the petitioner can continue with the oil change business w i . I h t the z 0 n i pre s e n t n g The motion carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None 463 January 26, 1988 ----r I I IABSTAIN: Supervi sor Nickens I I I PROFFERED CONDITIONS 1. The conditions proffered in 1985 and amended in 1987 ill remain in effect, plus: 2. No vehicle will stay upon the property outside of the uilding for a period exceeding 72 hours. II 3. No major mechanical work will be done on the property. 4 . A row of small evergreen trees as defined in the , I I I í ~Oning ordinance will be planted on the Faery property by May 1, !19 8 8 . I rith the top of the fence. !I II 1~88-l0 II !I !I " II Ii il II II il Mr. S tal z err e p 0 r t e d t his r e que s tis for the lþetitioner's personal use and has not been reviewed by the If' I lanning Commission. The automobiles to be stored will not be I or sale of used parts or sale of the vehicles themselves. The I' I I !i Ii 5 . h f " I T e ence posts w11l be tr1mmed so as to be level Petition of Randy Lynn Pratt for a Special Exception Permit to operatean automobile graveyard located on the east side of Route 740 north of its intersection with Route 311 in the Catawba Magisterial District. DENIED .-- ". --"-..- ---1- -- ___0__- - - -T -- ¡ I I 464 January 26, 1988 - ______.__. ,____ "_.~_ _.__.__.__~___.._,_,.__,__ ---,_,'_'0- .._ __ --,.---.....--- ._,-~_..._-_..__. - .- _.__.._-~,.-._._--._--_.__.__. - -,.-...----.. ------------.'. .-- petition is not in conformity with the Comprehensive Plan, there is a possibility of adverse impact to the surrounding land and to the natural features because of groundwater contamination of oil and gasoline. It is also not consistent with the Land Use Plan which designates this area Rural Village. It will legalize a , I zoning violation for which the petitioner has been cited. Itl will be screened behind a fence. In response to a question from Supervisor McGraw, the zoning violation notification is held until the petitioner requests the proper permits. If the permit is denied then the I zoning violation goes forward. The petitioner was present and explained that he was planning building a garage to house the vehicles. The vehicles he is planning to keep will become antiques. The permit is for his private use only and will be used to restore vehicles. response In, I to a question from Supervisor Nickens, Mr. Pratt responded he had a total of 20 cars on the property. Speaking in opposition to the proposed rezoning were: 1. 2. 3. 4 . I 5 . Stephen D. Lester, 3188 Windfall Drive, Salem Walter Viohl, 3337 Windfall Drive, Salem William D. Switzer, 3265 Windfall Drive Doug Graham, 349 Carvins Cove Road, Salem James L. Arrington, 28 Burchette Street, Salem 465 January 26, 1988 -------==--=-=--=---~~--:::--~~~~l~:~~:=;~=-- Ii i ¡ I I I I i I I I I I Ii ! í I They were concerned with the possible contamination 0 their well water, devaluation of their property, possibility of an illegal mobile home on the property. Mr. Stalzer responded that the mobile home property is legal. Supervisor McGraw moved to deny the petition. The motio was seconded by Supervisor Johnson and carried by the recorded vote: Supervisors Johnson, Robers, McGraw, Nickens, Garrett AYES: Ii II Ii il I NAYS: None Supervisor McGraw asked the staff to begin the process 0 I pursuing the zoning violation and having the automobiles moved. 188-11 Public Hearing concerning the adoption of an ordinance amending Chapter 7, Building Regulations of the Roanoke County Code by i establishing the imposition by i Roanoke County of a Cross II Connection Inspection Fee of $30.00 II per inspection. Ii Ii Assistant County Administrator Timothy Gubala advise Ii d II 11 " II II Ii ~ i :1 II Ii I :1 t¡ I! I, " ;! i¡ :1 ¡¡ ¡¡ ~ I I! that this would establish cross connection fees for commercia properties to ensure that water does not flow back into privat or public water systems. No citizens were present to speak t this proposed ordinance. IN RE: FIRST READING OF ORDINANCES I ;¡ iJ I I 466 " ___·_·_.____~_.m. _ .____....._.._.~,,~ __.,__.__. . .,___~'_~_h__ ..__.~_ _____._____._~__...___..._..._______. _, ,__" January 26, 1988 - - _..._..._ ....____n.... ___,' _._ ..__._......_________.... _____...-_~____ _____. 1. Ordinance authorizin the lease of a roximatel five (5) acres in the Hollins/Old Mountain Road area b the Count purposes: of Roanoke from In ersoll Rand for recreational Supervisor Johnson moved first reading of the Ordinance. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Robers, McGraw, Nickens, Garrett None IN RE: SECOND READING OF ORDINANCES 1. Ordinance amendin Buildin of the Roanoke Count the im osition of fees for cross connection inspection: motion was seconded by Supervisor Nickens and carried by the Supervisor McGraw moved to approve the ordinance. The following recorded vote: AYES: NAYS: Supervisors Johnson, Robers, McGraw, Nickens, Garrett None ORDINANCE 12688-4 AMENDING CHAPTER 7, "BUILDING REGULATIONS," OF THE ROANOKE COUNTY CODE BY THE IMPOSITION OF FEES FOR CROSS CONNECTION INSPECTIONS -------:-----=----~~c_-__ =~~~~-~-u I 467 January 26, 1988 WHEREAS, Sections 6.00, "Cross Connection and Backflow Prevention Control in Waterworks," of the Commonwealth of Virgin- ia Waterworks Regulations requires each locality to have an active cross connection inspection program to protect and prevent the contamination of public water systems from private, commer- cial, and industrial sources; and WHEREAS, Roanoke County has an active cross connection inspection program coordinated through its Construction Building Services Department; and WHEREAS, no fees are imposed for the performance of cross connection inspections; and I WHEREAS, notice of the public hearing imposing a cross I connection inspection fee was published in the Roanoke Times and World News on December 29, 1987, and January 5, 1988; and WHEREAS, a first reading of the proposed ordinance was I !held on January 12, 1988; I I January 26, 1988. II NOW, THEREFORE, BE IT ORDAINED by the Board of Supervi- Ii ¡ sors of Roanoke County, Virginia, as follows: the second reading was held on i 1. That effective January 26, 1988, a fee of Thirty I I Ii Dollars <$30) for each cross connection inspection shall be im- II II Posed. II II Ii I. I! Ii II Ii II I' ,I II I I /, 46~ January 26, 1988 - -- _.. _.' ,.__.~._----~. -~-- .--.-- -._----~-_.-----, -- . . _ _ ____.__,._.__....,._._______..u_..n·____ On motion of Supervisor Steven A. Mcgraw, seconded b Supervisor Harry C. Nickens, and upon the following recorde vote: AYES: NAYS: Supervisors Johnson, Robers, McGraw, Nickens, Garrett None IN RE: ADJOURNMENT At 9:35 a.m., Supervisor Garrett moved to adjourn th meeting. The motion was seconded by Supervisor Johnson an carried by a unanimous voice vote. I ~~~, Lee arrett, Chairman I I' II II , I Ii II Ii :i ij II II II I, Ii I' Ii II Ii Ii il Ii Il ,I !i Ii II II I: II I I i I