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HomeMy WebLinkAbout8/23/1988 - Regular I I August 23, 1988 085 - ~_.. _.._...._,_._~ ~._~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 August 23, 1988 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of August, 1988. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 3: 06 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee Garrett, Vice Chairman Richard Robers, Supervisors Bob L. Johnson, Steven A. McGraw, Harry C. Nickens MEMBERS ABSENT: Supervisor Nickens (arrived at 3:08 p.m.) 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, ....08 6 August 23, 1988 County Attorney, Clerk Mary H. Allen, Deputy IN RE: OPENING CEREMONIES The invocation was given by the Reverend Sam Crews, Coopers Cove Baptist Church. The P ledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1 . Resolution of ADDreciation to J. R. Jones for his service to the Roanoke County Plannina Commission: Mr. Jones was not present to receive the resolution. Supervisor Nickens moved to approve the resolution. The motion was seconded by Supervisor McGraw and carried by the following vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 82388-1 OF APPRECIATION TO J. R. JONES FOR HIS SERVICE AS A MEMBER OF THE ROANOKE COUNTY PLANNING COMMISSION BE I T RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: I I I I 087 l August 23, 1988 ,'-~"-' -~ ~-,....~ . WHEREAS, J. R. Jones was first appointed to the Roanoke County Planning Commission for a four-year term on April 4, 1979, and subsequently was re-appointed on January 1, 1983, and January 1, 1987; and WHEREAS, during his tenure on the Planning Commission, his assistance was invaluable in developing and implementing the Land Use Plan, the Comprehensive Plan, and the Zoning Ordinance Update; and WHEREAS, for a period of nine and a half years, Mr. Jones did tirelessly and selflessly devote many hours to the business of Roanoke County and the Planning Commission, and at all times, he did capably serve the citizens of the County. NOW, THEREFORE, BE I T RESOLVED that the Board of Supervisors of Roanoke County wishes to express its deepest appreciation and the appreciation of the citizens of Roanoke County to J. R. JONES for his many years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors extends its best wishes for continued success in all his future endeavors. On motion of Supervisor Nickens, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None r Ò88 August 23, 1988 2. Resolution of ADDreciation to Virainia Farrow UDon her retirement: Ms. Farrow was present and received the resolution. Supervisor Nickens moved to approve the resolution. The motion was seconded by Supervisor McGraw and carried by the following vote: AYES: Supervisors JOhnson, RObers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 82388-2 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO VIRGINIA FARROW FOR TWENTY- FIVE YEARS OF SERVICE TO ROANOKE COUNTY BE I T RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, Virginia Farrow was first employed on January 16, 1963, as Deputy Commissioner by the Commissioner of the Revenue; and WHEREAS, Virginia Farrow was employed through the terms of three Commissioners of the Revenue, and was named the Chief Deputy Commissioner on January 1, 1980; and WHEREAS, Virginia Farrow has been a valuable asset to Roanoke County through her assistance to the citizens in preparing their personal property and Virginia income taxes. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation I I I I August 23, 1988 0'89 -_....~ -----. -- -~,-_. . -.__. ----.. -- and the appreciation of the citizens of Roanoke County to Virginia Farrow for over twenty-five years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors extends its best wishes for a happy, restful and productive retirement. On motion of Supervisor Nickens, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None IN RE: NEW BUSINESS 1. ADDroval of resolution reauestino a referendum on chanoino the method of selectino school board members: County Attorney Paul Mahoney reported that on June 14, 1988, the Board of Supervisors adopted a motion calling for a public hearing to be held on July 26, 1988. This referendum is on the question of changing the method of selection of members of the Roanoke County School Board from the Selection Commission to the Board of Supervisors. Supervisor Johnson felt that the timing of this issue was poor, and also felt that the judiciary should not be involved in the selection of school board members. Supervisor Garrett .090 August 23, 1988 concurred with the timing and the politicalization of the process. Supervisor McGraw responded that he felt this was democratizing the process. Supervisor McGraw moved to approve the resolution, and that up to $10,000 be appropriated for an informational brochure The motion was seconded by Supervisor Robers and carried by the following vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None Mr. Hodge advised he would like to reimburse the Board Contingency Fund with $50,000 from the Fund Balance, and appropriate the funds for the brochure from the Board Contingency Fund. Supervisor recommended that Mr. Hodge come back to the board at the next meeting with bids and source of funds. RESOLUTION 82388-3 REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY TO ENTER AN ORDER TO HOLD A REFERENDUM ON THE QUESTION OF CHANGING THE METHOD OF SELECTION OF MEMBERS OF THE COUNTY SCHOOL BOARD, AS PROVIDED IN SECTION 22.1-42 OF THE CODE OF VIRGINIA, 1950, AS AMENDED. WHEREAS, the Board of Supervisors of Roanoke County determines that it is desirable to hold a referendum on the ques- tion of the method of appointment of members of the School Board of Roanoke County, as provided by Section 22.1-42 of the Code of Virginia, 1950, as amended; and, I I ~-- I I " August 23, 1988 091 __ .._._.,_ _.... ·_.n WHEREAS, the Board held a public hearing on the ques- tion of such referendum on July 26, 1988 at 7:00 p.m. at the Roanoke County Administration Center at 3738 Brambleton Avenue, S . W .; and, WHEREAS, said public hearing was advertised in the Roanoke Times and World News on July 12, 1988 and July 19, 1988. NOW THEREFORE, BE IT RESOLVED by the Board of Supervi- sors of Roanoke County, Virginia, that said Board does respect- fully request the Circuit Court of Roanoke County to enter an order requiring the regular election officials on the day fixed in such order to open the polls and take the sense of the quali- fied voters of Roanoke County on the question of changing the method of appointment of members of the Roanoke County School Board from the Roanoke County School Board Selection Commission to the Roanoke County Board of Supervisors. BE IT FURTHER RESOLVED that the Deputy Clerk of the Board is hereby directed to certify a copy of this resolution and to present it to the judge of the Circuit Court for the County of Roanoke, and to file a certified copy of this resolution with the Clerk of the Circuit Court for the County of Roanoke. On motion of Supervisor McGraw to adopt resolution and authorize funding up to $10,000 for informational brochure, seconded by Supervisor Robers and carried by the following recorded vote: ~ 09'2 August 23, 1988 AYES: Supervisors Johnson, McGraw, Robers, Garrett NAYS: ABSENT: Supervisor Nickens None 2. Reauest to amend Roanoke Countv's Bondina Policy for Subdivision and Site DeveloDment: Development Director Arnold Covey advised this would item would amend the present bonding policy to reflect organizational changes and require self-extending language on all newly issued Letters of Credit, which would extend the expiration date of the Letters of Credit. Staff recommends approval of both changes to the bonding policy. Supervisor McGraw moved to approve staff recommendation. The motion was seconded by Supervisor Robers and carried by the following vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 3. ReDort and Recommendations concernino on-site Aerobic Wastewater Treatment Systems: Acting Zoning Administrator Jon Hartley reported that the Planning Commission and staff has met with vendors, the Water Control Board and the Heal th Department to research this issue. The County code presently prohibits these systems. The research indicates that there are chronic maintenance problems where these are allowed. The Planning Commission recommends that an ordinance be prepared allowing individual on-site systems as replacement systems only I I ~ I I I I 0,98 August 23, 1988 for failed systems where there is a hardship or emergency situation. In response to a question from Supervisor Robers, Mr. Hartley advised lifetime maintenance by the contractor would be a problem and they are exploring solutions. He further advised that the Heath Department would work with Planning to determine the definition of an emergency. He reiterated that the recommendation only includes current systems that failed. Supervisor Johnson advised he was concerned about enforceability of the regulations and that the County would ul timately bear responsibility for future problems. Supervisor McGraw stated he could not support an ordinance unless it responded to all the problems outlined. Supervisor Nickens stated that he felt the amendment should be approved because there are presently no alternatives available for those with failed septic systems. Supervisor Robers concurred. Supervisor McGraw moved that the ordinance not be amended and the code remain the same, prohibiting use of indi vidual aerobic systems, and that the staff work with the Health Department to improve sewage disposal in subdivisions prior to plat recordation. The motion was seconded by Supervisor Johnson and carried by the following vote: AYES: Supervisors Johnson, McGraw, Garrett 094 August 23, 1988 NAYS: Supervisors Robers, Nickens 4. ADDroval of Resolution increasina mileaae reimbursement for Dersonal use of automobile: This issue would raise the mileage reimbursement for the use of personal vehicles while conducting County business to 22. 5¢ per mile for the first 15,000 miles and 11¢ per mile for all miles over 15,000. Supervisor Nickens moved to adopt the resolution. The motion was seconded by Supervisor McGraw and carried by the following vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 82388-6 AMENDING RESOLUTION 10-14- 86-209 ALLOWING MILEAGE REIMBURSEMENT FOR MILEAGE IN BUSINESS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Resolution 10-14-86-209 adopted October 14, 1986, allowing mileage reimbursement for the use of personal vehicles while conducting County business be, and hereby is, amended to provide a reimbursement of 22. 5¢ per mile for the first 15,000 miles and 11¢ per mile for all miles over the first 15,000 miles; and 1. That this rate shall be in full force and effect for mileage expenses incurred from and after September 1, 1988. I I August 23, 1988 0,95 -- ---_.~._._. -.'_.~... "_. On motion of Supervisor Nickens, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None 5. ADDroval of a Mutual Aid Aareement with Flovd Count v for Fire Protection and Emeraencv Medical Services: Mr. Mahoney reported that County staff has been involved with staff from Floyd County to negotiate a mutual aid agreement for fire protection and emergency medical services. The Floyd County II Board of Supervisors approved this agreement on August 15, 1988. Supervisor Garrett moved to authorize the County Administrator to execute the agreement. The motion was seconded by Supervisor Nickens and carried by the following vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: REQUESTS FOR WORK SESSIONS 1. Reauest for Work Session on the 1989 Leaislative Package: I Supervisor Johnson moved to set the work session for September 13, 1988. The motion was seconded by Supervisor McGraw and carried by the following vote: , '0;9 6 August 23, 1988 AYES: NAYS: Supervisors Johnson, Robers, McGraw, Nickens, Garrett None IN RE: APPOINTMENTS Grievance Panel: Supervisor Nickens nominated Thomas T. Palmer to another two year term. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor Johnson directed the legal staff to research consolidation and how this could affect both county citizens and the Board of Supervisors. He advised he felt projects such as the Spring Hollow Reservoir and the search for a landfill site should go forward despite consolidation efforts. He stated he felt that the September 1 deadline for Roanoke City to make a decision on participation in the reservoir should not be extended. Mr. Hodge responded he would advise the City. SUDervisor McGraw announced that the Assistant City Manager for Roanoke Ci ty will be attending the Roanoke Valley Cooperation Committee as well as David Bowers. He also informed the board that the VACO/VML Task Force would be presenting a single proposal to the Grayson Commission. II I II I August 23, 1988 '097 . .---' . - -.-.- SUDervisor Nickens expressed appreciation to the volunteer and paid fire and rescue personnel who battled a fire in his neighborhood during a very sever storm recently. SUDervisor Robers announced that plans are proceeding for the economic development trip to Northern Virginia. He reminded those present that the Roanoke Valley Cooperation Committee will meet Friday, August 26, 1988. SUDervisor Garrett advised he will be in Williamsburg for several days and Vice Chairman Robers will act as Chairman in his absence. IN RE: CONSENT AGENDA Supervisor Johnson moved to approve the Consent Resolution. The motion was seconded by Supervisor Robers and carried by the following vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION NO. 82388-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA BE I T RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: r 09,8 August 23, 1988 1. That that certain section of the agenda of the Board of Supervisors for August 23, 1988, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Minutes of Meetings - April 12, 1988, April 26, 1988. 2. Confirmation of committee appointments to the Community Corrections Resources Board and recommendations to the Landfill Citizens Liaison Committee. 3. Request for acceptance of Meadow Valley Circle and II Orchard Valley Circle into the VDOT Secondary System. 4. Request for acceptance of Red Barn Lane into the VDOT Secondary System. 5. Request for a Raffle Permit from the Northside High School Band Boosters. 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. On motion of Supervisor Johnson, seconded by Supervisor Robers, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None I RESOLUTION 82388-8.c REQUESTING ACCEPTANCE OF 099 of August 23, 1988 - ~._, - RED BARN LANE 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 for Red Barn Lane, from the intersection with Route 1096 to the terminus at the cul-de-sac for a distance of 0.17 miles, to be accepted and made a part of the Secondary System of State Highways under Section I 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have been dedicated by virtue of a certain map known as Section 2, Little Tree Acres Subdivision which map was recorded in Plat Book 9, Page 322, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on May 14, 1985, 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 Red Barn Lane and which is shown on a certain sketch accompanying this Resolution, be, and II the same is hereby established as public road to become a part of the State Secondary System of Highways in Roanoke County, only 10,0 August 23, 1988 from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None RESOLUTION 82388-8.b REQUESTING ACCEPTANCE OF MEADOW VALLEY CIRCLE AND ORCHARD VALLEY CIRCLE 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 Meadow Valley Circle from the intersection with Route 1390 to the terminus at the cul-de-sac for a distance of 0.09 miles and Orchard Valley Circle from the intersection with Route 1390 to the terminus at the cul-de-sac for a distance of 0.14 miles to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads have been dedicated by virtue of certain maps known as Section One and II I August 23, 1988 .' 10 I -._~ ",- ~.".. .--- ...._.~~ Section Two of Meadowcreek Subdivision which maps were recorded in Plat Book 9, Page 305, and Plat Book 9, Page 345, respectively, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on September 5, 1984 and November 12, 1985, respectively, and that by reason of the recordation of said maps no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said roads known as Meadow Valley Circle and II Orchard Valley Circle and which are 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 streets by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None II IN RE: REPORTS r- 102 f August 23, 1988 Dana Long was present to answer questions on the Meals Tax report. Supervisor Nickens moved to receive and file the following reports. The motion was seconded by Supervisor McGraw and carried by the following vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 1 . Capital Fund - Unappropriated Balance 2. General Fund - Unappropriated Balance 3. Reserve for Board Contingency Fund 4. Report on Meals Tax IN RE: EXECUTIVE SESSION At 4: lS p.m., Supervisor Garrett moved to go into Executive Session pursuant to the Code of Virginia, 2-1-344 (a) (3) acquisition or use of real property for public purposes; (7) consultant with legal counsel pertaining to potential litigation. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: OPEN SESSION I I I II August 23, 1988 103 -.'~ _._~._,. ....-.~. At 6:05 p.m., Supervisor Garrett moved to return to open session. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: NAYS: IN RE: recess. IN RE; IN RE: Supervisors Johnson, Robers, McGraw, Nickens, Garrett None RECESS At 6: 06 p. m., Chairman Garrett declared a dinner EVENING SESSION At 7:05 p.m., Chairman Garrett reconvened the meeting. PUBLIC HEARINGS 888-1 petition of Roanoke Land DeveloDment CorD. to rezone a 1.489 acre tract from R-l, Residential to R-5, Residential to construct townhomes located immediately northwest of the intersection of Roselawn Road (Route 689) and Pleasant Hill Drive (Route 1552) in the Windsor Hills Magisterial District. (CONTINUED FROM JULY 26, 1988) APPROVED WITH PROFFERED CONDITIONS Planner Dale Castellow presented the staff report. He ~10,,4 August 23, 1988 advised this rezoning is for the purpose of constructing two buildings each containing six townhouse units. The development is consistent with the future Land Use Plan and map. The significant impact factors focus on access and interior circulation. There is a five percent grade at the entrance which increases to 14% on the access drive. There is insufficient turn around space to accommodate fire and rescue vehicles. At the Planning Commission there were 60 citizens opposed to the rezoning. They expressed concern about traffic congestion, and the proposal would have an adverse affect on county schools and would set a precedent for future townhouses in the area. The Planning Commission recommended approval. Frank Selbe, attorney for the petitioner was present. He outlined the plans for the project and advised they would be Williamsburg type townhomes. He announced that they had proffered the size of the cul-de-sacs to allow for emergency vehicles to turn around. He advised that the entrance and eggres s of the project meets the specifications of the Virginia Department of Transportation. Mr. Selbe stated they had met with the homeowners associations in the neighborhood to address their concerns about six weeks prior to the public hearing. The following citizens spoke in opposition to the proposed rezoning: II II 105 August 23, 1988 I 1. Will Estes, 4920 Cave Spring Circle, President of Southwest County Civic Association, presented a petition signed by 250 citizens in the area opposed to the rezoning. They were concerned with the density of the project, potential traffic hazards, and change in the character of the neighborhood. 2. Lew Bowling, 4928 Pleasant Hill Drive, requested that the development be downscaled because of its density, and the 14% grade entrance. 3. Tom Tyree, 4909 Grape Tree Lane, representing Nichols Estates Homeowners Association. He was concerned about the intersection of Roselawn and Route 221. Supervisor Garrett advised he was concerned about the traffic circulation and the turn around for fire and rescue vehicles. He also felt that the petitioners should have met more recently with the neighborhood. Supervisor Johnson expressed concern with the proposed density of the project. He stated he could not support the proposal until Route 221 is improved. Supervisor Garrett moved to deny the petition. The motion was seconded by Supervisor Johnson and carried by the following vote: AYES: Supervisors Johnson, Garrett II NAYS: Supervisors Robers, McGraw, Nickens 106 1988 Supervisor Nickens moved to approve the rezoning with proffered conditions. The motion was seconded by Supervisor McGraw and carried by the following vote: AYES: Supervisors Robers, McGraw, Nickens NAYS: Supervisors Johnson, Garrett FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps I as Parcel 86.08-4-21 and recorded in Deed Book and legally described below, be rezoned from R-l Residential District to R-5 Townhouse 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. A tract of land containing 1.498 acres, as shown on a map prepared for C. L. and Mary Ann Arther by David Dick, dated September 25, 1965, a copy of which map is of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia in Deed Book 1203, Page ~40. Being the same property conveyed to Aubrey G. Nichols and Elizabeth R. Nichols by deed dated February 7, 1984 from Delma B. Young and Mary B. I Young, husband and wife, of record in the aforesaid Clerk's Office in Deed Book 1203, page 239. August 23, 1988 1 0 ~ PROFFER OF CONDITIONS 1. Total project density shall not exceed 12 units to be constructed on 1.48 acres. 2. Site lighting shall be arranged so as to light only the subject property and no interior light poles will exceed 10 feet in height. 3. All screening and buffering shall be in accord with County ordinance. 4. Signage shall be limited to one 32 sq. ft. I installation. No outdoor billboard advertising shall occur on site. 5. Site to be developed in substantial conformity with the site plan of Marsh, Witt & Martin, P. C. 6. Si te development shall incorporate all reasonable access and turn around improvements as may appear necessary to county officials during the site plan review process. 888-2 Petition of The Hobart ComDanies, Ltd. to amend the conditions on a Use Not Provided for Permit on a 4.974 acre tract located on the south side of Peters Creek Road (Route 117) immediately south of Deer Branch Road (Route 842) in the Hollins Magisterial District. II APPROVED WITH PROFFERED CONDITIONS 10 8 ~ August 23, 1988 Planner Jon Hartley presented the staff report. The request will amend the proffered concept plan approved on April 26, 1988 . The pet it i one r is reque st ing an additional access point to Peters Creek Road in lieu of a shared access. There was no opposition at the Planning Commission hearing. If an additional median cut is allowed by the Va. Department of Transportation the petitioner agrees to share that with the Hollins Branch library. Supervisor Johnson moved to approve the petition with proffered conditions. The motion was seconded by Supervisor II McGraw and carried by the following vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the proffers on the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 27.14-2-12 and a portion of 27.14-2-13 and recorded in Deed Book and legally described below, be amended. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that I August 23, 1988 10 9 he be directed to reflect that change on the official zoning map of Roanoke County. A 4.974 acre parcel of land, generally located in the 6600 block on the south side of Peters Creek Road, within the Catawba Magisterial District, and recorded as a portion of Parcel 27.14-2-12 and a portion of Parcel 27-14-2-13, in the Roanoke COunty Tax Records. PROFFER OF CONDITIONS 1. Development will be in substantial conformity with I the site plan of Ernie Rose, Inc., previously submitted, with the exception of the entrance pattern which will be in substantial conformity with the plan of Buford T. Lumsden and Associates, dated June 29, 1988. If permitted by the Virginia Department of Transportation, Petitioner agrees to attempt to coordinate median cros scut on Peters Creek Road wi th Roanoke County, to serve Hollins branch library. 2. Uses to be limited to: office, retail sales, service industry uses together with warehousing and light manufacturing as allowed in Section 21-24-1, M-l Light Industrial District, (A) (1), (3) (4), (5) and (6) of the Roanoke County Code with the provision that no M-l uses will be permitted on the outparcel. I r- I I 110 August 23, 1988 3. Stand-alone sign s1;all not be greater than 48 square feet exclusive of the signage on the outparcel. Signage on the outparcel shall not exceed 36 square feet. 4. There shall be no outside storage of materials. 5. All lighting shall be directed away from the adjoining residential property. 6. All building shall be constructed with brick on the front thereof. 7. That petitioner will construct a ten-year retention pond with a two-year run-off. 888-3 Petition of Gerald W. Atkins to rezone a 0.28 acre tract from B-1, Business to B-2, Business to operate an office with sales and service located on the south side of Peters Creek Road (Route 117) approximately 100 feet west of its intersection with South Drive (Route 1864) in the Hollins Magisterial District. APPROVED WITH PROFFER OF CONDITIONS Mr. Castellow advised this proposed rezoning is for the purpose of operating a sales and service facility for electronic equipment. The proposed development is located in the area designated Transition on the land use plan. The significant impact factors include lack of available fire flow for this I I I I 111 August 23, 1988 .-- - ~._._-_.,,- .---" -- - location. There are proffered conditions. No one was opposed to the petition at the Planning Commission hearing and they recommended approval with the proffers. Supervisor Johnson moved to approve the petition with proffered condit ions. The mot ion was seconded by Supervisor McGraw and carried by the following vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 27.13-5-28.1 and recorded in Deed Book 1195 and legally described below, be rezoned from B-1 Business District to B-2 Business 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. Being New Parcel "B" according to P I at showing New Parcels "A" and "B" (to be known as Green Ridge South) and the vacation of Lots 11,12, 13, 14, 15, 27, 28 and eastern half of 26, Dillard Court ~ 112 August 23, 1988 (P>B> 2, page 169), Roanoke County, Virginia property of Fred A. Oyler and Bess M. Oyler, dated May 3, 1983, attached to an instrument of Vacation and Resubdi vision of Lots made by Fred A. Oyler and Bess M. Oyler, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1195, Page 109. PROFFER OF CONDITIONS 1. The land will be used for the purpose of selling and servicing equipment related to Roanoke Scale & Equipment business activity or other sales and service businesses, (NCR, IBM, TEC, I ECT. ) . 1 . A portion of the building will be leased to any use in B- total signage shall not exceed 50 square feet. 2 · No billboards shall be erected on the property, and lot of the proposed use. 3. All exterior lighting shall be directed only at the 888-4 Public Hearing and resolution pursuant to Section 15.1-238 (e) of the 1950 Code of Virginia, as amended, setting forth the intent of Roanoke County to enter upon 'certain properties and to take certain sani tary sewer easements in connection with the extension of public sewer to Nichols Estates. I I II -,~ August 23, 1988 "·11.3 .~ ~,-.-"._---, ~ Mr. Mahoney advised this resolution concerns the potential condemnation of four tracts of real estate owned by Valley Developers, Inc. Mabel Naff Bowman, James C and Judy B. Pate and Barbara W. Croy. The fair market value has been determined. The proposed condemnation proceeding are for the purposes of running a sewer line across these four parcels. The sewer lines will serve the developers of Williamsburg Court and alleviate the problems of failing septic systems in the Nichols Estates subdivision. The developers of Williamsburg Court will serve their development with a pump station that the County will own and maintain. Notice has been sent and legal notices were published. Barbara Bova Croy, 4919 Pleasant Hill Drive, spoke in opposition to a sewer line because she did not want access to her private land. Judy Pate, 5005 Pleasant Hill Drive, spoke in opposition. She advised she had not been approached by the County except for the letter proposing condemnation. She was opposed to the $59.00 cost, and concerned that her horses would not graze over a sewer line. Supervisor Nickens asked Mr. Mahoney if Ms. Pate had been contacted prior to receiving the letter. Mr. Mahoney responded that he thought that all property owners had been contacted. He apologized if Ms. Pate had not been notified. ~ 1:1'4 August 23, 1988 Clifford Craig advised that his staff would only access the sewer line if there was a problem. Supervisor Robers moved to adopt the prepared resolution. The motion was seconded by Supervisor McGraw and carried by the following vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 82388-9 PURSUANT TO SECTION 15.1-238 (e) OF THE 1950 CODE OF VIRGINIA, AS AMENDED, SETTING FORTH THE INTENT OF ROANOKE COUNTY TO ENTER UPON CERTAIN PROPERTIES AND TO TAKE CERTAIN SANITARY SEWER EASEMENTS IN CONNECTION WITH THE EXTENSION OF PUBLIC SEWER TO NICHOLS ESTATES I BE I T RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the extension of the public sewer service area adjacent to Nichols Estates is being undertaken by the County of Roanoke to alleviate the problem of failing and substandard sep- tic systems by extending the sanitary sewer service along the natural drainageway; and 2. That in order to complete this project, certain sani tary sewer easements are needed and more particularly des- cribed: a. A fifteen (15) foot wide strip of land across the property of Valley Developers Inc. and more particularly described on the attached appraisal II I I I l August 23, 1988 J15 -.- .~._.,,_.~.~.._._..;".._..-.._._..'_. '.<-- ~_. - - ..- report as located adjacent to the existing drainage easement and con- taining 2,251.5 square feet and being shown on the attached plat prepared by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated May 6, 1988. Together with a thirty (30) foot wide temporary construction easement more particularly described on the attached appraisal report as being 150.1 feet long, located adjacent to the permanent sewer easement and con- taining 4,503 square feet. The fair market value of the afore- said interest is $956.00, such compen- sation and damages, if any, having been offered the property owners. I b. A twenty (20) foot wide strip of land across the property of Mabel Naff Bowman and more particularly des- cribed on the attached appraisal re- port as containing 9,438 square feet and be ing shown on the attached plat prepared by T. P. Parker & Son, Engi- neers and Surveyors, Ltd., dated May 6, 1988. Together with a thirty temporary construction particularly described ed appraisal report 14,157 square feet. (30) foot wide easement more on the attach- as containing The fair market value of the afore- said interest is $1,006.00, such com- pensation and damages, if any, having been offered the property owners. II c. A twenty (20) foot wide strip of land across the property of James C. Pate and Judy B. Pate and more particular- ly described on the attached apprai- sal report as being 8. 94 feet along the centerline and containing 178.8 116 August 23, 1988 square feet and being shown attached plat prepared by Parker & Son, Engineers and ors, Ltd., dated May 6, 1988. on the T. P . Survey- Together with a thirty (30) foot wide temporary construction easement more particularly described on the at tached appraisal report as contain- ing 262.2 square feet. The fair market value of the afore- said interest is $59.00, such compen- sation and damages, if any, having been offered the property owners. d. A twenty (20) foot wide strip of land across the property of Barbara W. Bova Croy and more particularly des- cribed on the attached appraisal report as being 288.34 feet long and containing 5,766.8 square feet and being shown on the attached plat pre- pared by T. P. Parker & Son, Engi- neers and Surveyors, Ltd., dated May 6, 1988. I Together with a thirty (30) foot wide temporary construction easement more particularly described on the attached appraisal report as being 288.34 feet long and containing 8,650 square feet. The 'fair market value said interest is $ 654.00, sation and damages, if been offered the property of the afore- such compen- any, having owners. 2. That it is immediately necessary for the County to enter upon and take such property and commence said sanitary sewer improvements in order to alleviate failing and substandard I septic systems and provide long term sewer capacity for the August 23, 1988 117 n',' "'_'ø , ...._ ,_ heal th, safety, and welfare of its citizens and to thereafter inst it ute and conduct appropriate condemnation proceedings as to said sanitary sewer easements; and 3. That pursuant to the provisions of Section 15.1-238 (e) of the 1950 Code of Virginia, as amended, and pursuant to notice and public hearing as made and provided therein, the Board does hereby invoke all and singular the rights and privileges and provisions of said Section 15.1-238 (e) as to the vesting of powers in the County pursuant to Section 33.1-119 through Section 33 . 1-129 of the 1950 Code of Virginia, as amended, all as made II and provided by law. On motion of Supervisor Robers, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None IN RE: REROOFING OF FORT LEWIS AND HOLLINS FIRE STATION Mr. Mahoney advised the county has had problems with roof leakage at the Hollins and Fort Lewis Fire Station. Negotiations have been ongoing and they have now received a counter offer from RMS, Inc. and staff recommends that the Board II accept the offer. RMS will replace the Hollins Fire Station roof ---l . ~, 118 August 23, 1988 with a new membrane with a 10-year warranty. Roanoke County will replace the Fort Lewis Fire Station roof at county cost. Supervisor Johnson moved to accept the counter offer. The motion was seconded by Supervisor Robers and carried by the following vote: AYES: Supervisors JOhnson, RObers, McGraw, Nickens, Garrett NAYS: None IN RE: FIRST READING OF ORDINANCES 1 Or inance authorizin urchase of 0.518 acres from Smi thsub, Inc. for the relocation of Kenworth Road _ VallevDointe Phase I: Mr. Mahoney advised this ordinance would authorize acquisition of this property. Smithsub, Inc. had declined to accept the County's offer of $61,500.00. A public hearing was held on June 28, 1988 and a resOlution adopted to condemn the property. Staff continued to negotiate and the Board agreed to settle the proceedings by purchasing the parcel for $64,500. I Supervisor Johnson moved to approve first reading of the ordinance. The motion was seconded by Supervisor Nickens and carried by the following vote: I AYES: Supervisors JOhnson, RObers, Nickens, Garrett August 23, 1988 119 NAYS: ABSTAIN: None Supervisor McGraw II 2. Ordinance authorizina the acauisition of easements to facilitate the extension of Dublic sewer service to the ADD ala chi an Power ComDanv Service Center: Mr. Mahoney reported this ordinance will authorize acquisition for public sewer service. He advised that the draft ordinance will be amended for the second reading to identify the owner of one of the parcels. Supervisor Nickens moved to approve first reading of the ordinance. The motion was seconded by Supervisor Robers and carried by the following vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSTAIN: Supervisor McGraw IN RE: SECOND READING OF ORDINANCES 1. Ordinance amendina ChaDter 18 of the Roanoke County Code, Sewers and Sewaae DisDosal, concernina the Drocedures and Drescribed fees for issuance of Dermits for seDtic tanks and wells: Mr. Mahoney advised that this ordinances incorporates II recent changes adopted by the state concerning the fees for l~O August 23, 1988 septic tanks and private wells. It also provides for citizens to come to only one place to handle this process. Supervisor McGraw moved to approve the ordinance. The motion was seconded by Supervisor Robers and carried by the following vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 82388-10 AMENDING CHAPTER 18 OF THE ROANOKE COUNTY CODE, SEWERS AND SEWAGE DISPOSAL, CONCERNING THE PROCEDURES AND PRESCRIBED FEES FOR I SSUANCE OF PERMITS FOR SEPTIC TANKS AND WELLS WHEREAS, by ordinance adopted on June 23, 1987, the Board of Supervisors of Roanoke County, Virginia, amended Chapter 18, Sewers and Sewaae DisDosal, to require that any person desir.,.. ing to install a septic tank secure a permit to do so and pre- scribed reasonable fees for the issuance of such permits; and WHEREAS, legislation adopted by the 1988 session of the General Assembly, Acts of the Assembly 1988 Session, Chapter 203 (House Bill 418), authorized the Board of Health to establish fees for applications for permits to construct on-site sewage II disposal systems, not to exceed Fifty Dollars ($50) , and private wells, not to exceed Twenty-five Dollars ($25) ; and WHEREAS, the State Board of Health meeting on May 10, I 1988, has adopted emergency regulations to implement a fee system II II August 23, 1988 121 for applications for permits for both on-site sewage disposal systems and private well construction effective July 1, 1988; and WHEREAS, it is necessary for the County to modify its procedures to achieve coordination between the County and the Department of Health as to the processing of application for and payment of both County and State permit fees for on-site sewage disposal systems and state permit fees for private well construc- tion. BE I T ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that Chapter 18, Sewers and Sewaae Disposal, of the Roanoke County Code be, it hereby is, amended to read and provide as follows: 1. All building in the County in those areas where septic tanks are permitted shall have an on-site sewaae disDosal system or septic tanks installed for the disposing of sewage and other human waste. 2. Before anyon-site sewaae disDosal or septic tank systems or Drivate wells are constructed or installed, it shall be the duty of the landowner upon whose land the construction or installation :t8- 1::0 shall take place to secure a permit £rOlft to be issued bv the Health Department. ADDlication for such Dermit(s) shall be made to the County's DeDartment of Devel- opment and Inspection. or its successor. UDon forms Drescribed bv the Health DeDartment. 122 August 23, 1988 3. There is hereby established a Count v permit fee of fifty dollars ($50.00) for each on-site sewaae disDosal system or septic tank. This permit fee, alona with the state Dermit fee of fifty dollars ($50.00) shall be paid to the Treasurer at the time aDDlication is made for a Dermit and before the aDDlication will be Drocessed bv the Health DeDartment. The state Dermit fee of twenty-five dollars ($25.00) for construction of a Drivate well likewise shall be Daid to the Treasurer at the time aDDlication is made for such Dermit and before Drocessina bv the Health DeDartment. The Treasurer shall not collect the state fee (s) from owner's whose family income is at or below the apPlicable II Income Guidelines as Drovided under state reaulation. 4. The Health Department shall review this permit ~eqtleB1; aDDlication based upon the requirements and regula- tions promulgated pursuant to Title 32.1 of the Code of Virginia. Any septic tank permit issued under this section shall be valid for a period of fifty-four (54) months from the date of issuance unless there has been a substantial, intervening change in the soil or site conditions where the septic system is to be located. The availability of a public sewer system shall constitute a sub- stantial intervening change in the site conditions to void a per- mit. 5. In the event the Health Departm,ªnt deni,ªª a permit II on the land on which the owner seek to construct his DrinciDal II II August 23, 1988 ¡ 128 _ .V "__,._ ~_ ,,~w_~·. ___" .~._~_.~... Dlace of residence, the county' s Dortion of the state aDDlication fee shall be refunded to the owner. Such fee shall not be re- funded bv the County until final resolution bv the Health DeDart- ment of any aDDeals made bv the owner from such denial. 6. ADDlications shall be limited to one site sDecific DroDosal. When site conditions chanae, or the needs of the aDDli- cant chanae, or the aDDlicant DrODoses and reauests another site be evaluated, and a new site evaluation is conducted, a new aDDli- cation and fee is reauired. 7. Any person, firm, or corporation violating any pro- visions of this ordinance shall be subject to a Class 3 misdemean- or for each offense; and a separate offense shall be deemed com- mitted on each day during or on which a violation occurs or con- tinues. Further, any violation or attempted violation of this ordinance may be restrained, corrected, or abated by injunction or other appropriate proceeding. 8. The effective date of this ordinance shall be September 1, 1988. On motion of Supervisor McGraw, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None IN RE: EXECUTIVE SESSION ~ ¡24 August 23, 1988 At 8: 20 p. m., Supervisor Garrett moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (7) for consultant with legal counsel. The motion was seconded by Supervisor Johnson and carried by a unanimous recorded vote. IN RE: OPEN SESSION At 9: lOp. m. , Supervisor Garrett moved to return to Open Session. The motion was seconded by Supervisor Johnson and carried by a unanimous vote. IN RE: ADJOURNMENT At 9: 11 p. m., Chairman Garrett declared the meeting adjourned. r.;:-;JII'" 1 F;ot"=' ".<.~, .~.~~.~.;):" ,.....f ,.. 0,' .. .-,<, _--I,..., arrett, Chairman anoke County Board of Supervisors I I