HomeMy WebLinkAbout9/27/1988 - Regular
I
I
.---,
September 27, 1988
14 5
-~.._...~~.._.~,-~ -
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24018
September 27, 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 September,
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:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; John
M. Chambliss, Assistant County
Administrator for Human Services; John R.
Hubbard, Assistant County Administrator of
Community Services and Development; Don M.
Myers, Assistant County Administrator for
~
14 ()
September 27, 1988
Management Services; Paul
County Attorney, Mary H.
Clerk
M. Mahoney,
Allen, Deputy
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Wayne M.
Ayers, Church of Jesus Christ of Latter Day Saints.
The Pledge
of Allegiance was recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF
AGENDA ITEMS
I
Item lA, Approval of funding for improvements to
Administration Center and Beautification Projects at Route 221-
419 intersection, and Item D7, authorization to settle litigation
with Valley Developers, were added to the agenda.
IN RE:
NEW BUSINESS
1. Approval of fundinq for improvements to
Administration Center and Beautification Proiect at Routes 221-
419 intersect ion:
Mr. Hodge reported that the Brambleton Avenue
Association would like to beautify the area at the triangle at
the intersection
of Route 221 and 419.
They have contacted
I
merchants along
Brambleton Avenue and the Valley Beautiful
September 27, 1988
14 7
organi zation. Valley Beauti ful has author ized a $1500 grant
toward the improvement, and the Brambleton Avenue Association
will match that grant. They are requesting that Roanoke County
also match the grant. They will plant shrubbery and flowers and
work with VDOT to ensure they meet their requirements.
Present at the meeting were Bob Freeman and Ron Atkins
from the Brambleton Avenue Association. They presented the
landscaping plans for the beautification of the triangle. They
hope to leave the space in the middle available for a Christmas
Tree. Supervisor Garrett advised that Steve Musselwhite will
I request approval from the Highway Department for the Christmas
Tree. Mr. Freeman also outlined other plans of the Brambleton
Avenue Association towards beautification of the all of
Brambleton Avenue.
I
Mr. Hodge advised that the County would install a water
line for sprinkling and minor maintenance will be handled by the
county staff.
Mr. Hodge al so asked that the Board authorize several
beautification projects at the Administration Center including
signage, paving, and carpeting. This request was tabled at the
September 13th meeting. Supervisor Garrett directed a separate
vote on the Brambleton Avenue beautification project.
Supervisor Garrett moved to approve the allocation of
$3500 toward the Brambleton Avenue Association beautification
14 8
September 27, 1988
project. The motion was seconded by Supervisor McGraw, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
Supervisor McGraw moved to remove from the table the
request for additional improvements at the Administration Center.
The motion was seconded by Supervisor Garrett and defeated by the
following recorded vote:
AYES: Supervisors McGraw, Garrett
NAYS: Supervisors Johnson, Robers, Nickens
2. ADDroval of Emerqencv ODerations Plan: Fire and
Rescue Chief Tommy Fuqua reported that the Commonwealth of
Virginia requires every locality to have in place an Emergency
Operation Plan and that the governing body adopt this plan in
order to receive Emergency Management Assistance funding. This
plan provides for the coordination of government during emergency
services such as the 1985 flood. Staff has coordinated this plan
wi th all emergency services operations in the county, and asked
for their input. Staff recommended approval of the Emergency
Operations Plan and authorize the County Emergency Services
Coordinator, the Fire and Rescue Chief to make required changes
to maintain the plan.
I
I
September 27, 1988
14 9
Supervisor McGraw moved to adopt the resolution
approving the plan.
The motion was seconded by Supervisor
Robers, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 92788-2 AUTHORIZING
ADOPTION OF EMERGENCY OPERATIONS PLAN
FOR ROANOKE COUNTY
BE I T RESOLVED by the Board of Supervisors of Roanoke
I
County, Virginia as follows:
WHEREAS, the Roanoke County Board of Supervisors is
greatly concerned with the health, safety, and well-being of its
citizens and desires that the best possible emergency services be
available to them; and
WHEREAS, the Commonwealth of Virginia Emergency
Services and Disaster Law of 1973 requires that each city and
county develop and maintain an Emergency Operations Plan which
addresses its planned response to emergency situations; and
WHEREAS, such a plan has been developed by County staff
in coordination with the Virginia Department of Emergency
Services with input from responsible local agencies.
NOW, THEREFORE BE IT RESOLVED by the Roanoke County
I Board of Supervisors that, on the 27th day of September 1988, it
does hereby officially adopt the Roanoke County Emergency
15 0
September 27, 1988
Operations Plan, to include plans and procedures for both
peacetime and war-caused disasters.
3. ADDroval of Petty Cash Funds for Hazardous
Materials Crew: Director of Budget Reta Busher advised that
Roanoke County recently signed an agreement with the State of
Virginia to provide a regional hazardous materials response team
which requires the team to leave the area at a moment's notice to
respond to a problem. They are requesting a $100 petty cash fund
and a credit card for each of two vehicles to provide lodging,
meals and other emergency supplies.
In response to a question from Supervisor Johnson, Ms.
Busher responded that the credit limit would probably be $1000 or
$1500 . In response to a question from Supervisor Nickens, Ms.
Busher advised the County would be reimbursed by the state for
incurred expenses. The petty cash fund and credit card will be
kept in a lock box in the vehicle. Team leaders will have access
to the cards and fund, and forms for responsibility will be
signed by team leaders.
Supervisor Nickens expressed concern about leaving the
card and fund in the vehicle because of the potential for
vandalism and theft.
Supervisor McGraw moved to approve the resolution and
staff recommendation with the stipulation that the credit card be
I
I
September 27, 1988
15 1
_··.~,_M'·_;_··.· ._~_
limited to $1500.
The motion was seconded by Supervisor Robers,
and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Garrett
NAYS:
Supervisor Nickens
RESOLUTION 92788-3 ESTABLISHING PETTY CASH FUNDS
FOR THE HAZARDOUS MATERIALS TEAM
WHEREAS, the County of Roanoke is responsible for
staffing and training a Hazardous Materials Team, to service
Southwest Virginia; and
WHEREAS, the nature of this assignment requires that
I the team respond to emergencies which may involve unanticipated
travel; and
WHEREAS, a fund needs to be established to pay for
expenses such as lodging, meals and supplies which result from
those emergency calls.
THEREFORE, be it resolved that the Board of Supervisors
of Roanoke County, Virginia, hereby establishes two $100 petty
cash funds and authorizes two charge cards to pay for expenses
incurred by the Hazardous Materials Team in responding to
emergency calls in connection with its duties and assignments.
On motion of Supervisor McGraw, to approve with credit card
limit of $1,500.00, seconded by Supervisor Robers and carried by
I
the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Robers, Garrett
15 2
September 27, 1988
NAYS: Supervisor Nickens
4. ApDroval of 1989 Roanoke Count v Leqislative Packaqe:
County Attorney Paul Mahoney reported that that the legislative
package has been revised to include recommendations from the work
session on September 13th. Clerk of Circuit Court Elizabeth
Stokes has suggested that an additional request from her office
be included. He advised that a breakfast meeting has been
scheduled for October 6, 1988 to provide the Board of
Supervisors, Constitutional Officer and School Board an
opportunity to discuss the package with area legislators.
Supervisor Johnson moved to approve the legislative
package with the addition requested by Mrs. Stokes. The motion
was seconded by Supervisor McGraw, and carried by the following
recorded vote:
I
AYES:
NAYS:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
None
5. Request for SUDDort for the United Way CamDaiqn:
Assistant County Administrator Don Myers reported that the United
Campaign has now begun and Roanoke County's goal is $16,000.
This is a 6-1/2% increase. Staff is requesting authorization to
participate in the United Campaign.
Supervisor Nickens moved to approve staff
recommendation. The motion was seconded by Supervisor RObers, I
and carried by the following recorded vote:
September 27, 1988
15 3
AYES:
NAYS:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
None
6. AcceDtance of easements for installation of dry
hydrants in the Bent Mountain and Catawba areas: Fire and Rescue
Chief Tommy Fuqua advised that the 1985 bond issue included
funding for fire hydrants throughout Roanoke County in areas with
6 inch or larger water lines. Staff investigated the possibility
of install ing "dry hydrant s" on private property at ponds and
lakes, where fire trucks could hook up their hoses. Staff has
identified seven sites in the Bent Mountain and Catawba
I communities. The property owners have agreed to donate to the
County fifteen (15) foot wide easements for the location and
construction of dry hydrants. Funding will come from the 1985
bond issue. Mr. Fuqua advised he will let the board members know
where the hydrants are located. Staff is recommending that the
board of Supervisors authorize acceptance of the easements for
the dry hydrants.
Supervisor McGraw moved to approve the staff
recommendation. The motion was seconded by Supervisor Garrett,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
I
7 . Direction to the Planninq Commission and staff on
Driorities for revision of the County Zoninq Ordinance: Jon
r
15 4
September 27, 1988
Hartley reported that the Planning Commission and staff are
seeking direction from the Board on the direction and priorities
for the staff to work on. This request is a result of a citizen
request that the minimum lot sizes in Catawba Valley be increased.
Supervisor McGraw added further information on this situation and
advised that if the staff waits until the complete zoning
ordinance is revised, there will already be small lot development
in the Catawba Valley.
Supervisor Nickens stated he had some concern that
changing the ordinance concerning lot sizes could have an adverse
affect on people who may have bought property many years ago with I
the idea to subdivide in the future. Supervisor McGraw responded
that changing the ordinance would not preclude a property owner
from reque st ing a future rezoning. His concern is whole scale
development of certain areas.
Mr. Hart ley advised that working on this change would
only affect the present priorities slightly. The commission and
staff have established signs as their first priority; the second
priority is commercial and high density residential development,
with rural development the third priority. The only change would
be to put rural development as first priority.
Alfred Powell, 3440 Franklin Street, advised he was an
affected property owner in the Catawba Magisterial District. He I
fel t this change would force the present property owners not to
I
I
15 5
September 27, 1988
be able to utilize their property as they thought they could when
they purchased the property. He felt this could also set
precedence in other districts and could possibly be
discriminatory.
Supervisor Johnson advised this action would only allow
a study of the issue. The Board could then support or oppose a
specific zoning change and a public hearing would allow
opportunity for citizen input.
Supervisor McGraw moved that the staff and Planning
Commission prepare revisions to the Zoning Ordinance for the
Catawba Planning Area to implement the Comprehensive Plan pOlicy
guidelines for Rural Preserve land use with attention to
increasing minimum lot sizes and reducing overall density. The
motion was carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw,
NAYS: Supervisors Nickens, McGraw
7 . Authorization to settle Dendina litiaation. Valley
DeveloDers. Inc. et ale v. Roanoke County: Mr. Mahoney reported
that on August 23rd, the Board authorizated condemnation of four
easements for the public sewer to the Nichols Estates
subdivision. The County Attorney's office has attempted to
negotiate a solution and now proposes a settlement with three of
the four property owners which are Valley Developers, James C.
and Judy B. Pate, and Barbara W. Croy. The settlement involves
15 6
September 27, 1988
an increase of between $700 and $800 over the appraised value,
but several thousand dollars less than the initial demands of the
plaintiffs. Staff is recommending settlement with payments of
$956.00 to Valley Developers, $200 to Pate and $1,300 to Croy.
Supervisor Nickens moved to approve the staff
recommendation. The motion was seconded by Supervisor Garrett,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
IN RE:
REQUESTS FOR WORK SESSIONS
I
A work session on space needs will be held on November
9, 1988.
IN RE:
REQUESTS FOR PUBLIC HEARINGS
1. Reauest for Public Hearina on October II. 1988 to
borrow money in anticiDation of taxes:
Supervisor Johnson moved to set the public hearing.
The motion was seconded by Supervisor McGraw, and carried by the
following recorded vote:
AYES: Supervisors JOhnson, Robers, McGraw, Nickens, Garrett I
NAYS: None
I
I
15 7
September 27, 1988
_ ~__.··__v. ~.. ___ ._....... __. _"_
IN RE:
APPOINTMENTS
Industrial DeveloDment Authori tv: Supervisor McGraw
nominated J. Richard Cranwell to serve a four-year term that will
expire September 26, 1992.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Johnson expressed sympathy on behalf of the
Board of Supervisors upon the death of the wife of former Board
of Supervisors chairman William Cundiff, and regrets that the
Board could not attend the funeral.
SUDervisor Robers announced that there are at least 30
participants from the Roanoke Valley and 50 participants from
Northern Virginia who will attend Northern Virginia Day. He
thanked those who worked on this project.
Supervisor Robers also requested that the Board of
Supervisors appoint two members to serve on a committee to study
consolidation issues and establish public hearings for citizen
input. Supervisor McGraw stated he felt that a study of
efficiencies in the Roanoke Valley should be studied first,
rather than a study of consolidation. Chairman Garrett felt
1 5·, 8 ç1
September 27, 1988
thi s was premature until the County hears from the Grayson
Commission. The issue was taken under advisement.
Supervisor McGraw announced that a statistical profile
for the Blue Ridge Region is now available. He also advised he
had put forth his name in nomination for Second Vice President of
the Virginia Association of Counties. He also requested that
County Administrator Elmer Hodge describe the improvements he is
requesting at the Administration Center that was tabled at the
previous meeting. (See New Business for vote on removal of the
item from the table.)
Supervisor Nickens requested a staff report on what is
being done concerning the possibility of asbestos removal on
demolition permit.
Supervisor Nickens also moved that County Attorney Paul
Mahoney be directed to write to the Constitutional Officers and
respond in writing whether they wish to remain a part of Roanoke
County's Pay and Classification Plan and to abide by the rules of
the Employee Handbook, Grievance Procedure and other employee
regulations; and that the responses be brought back to the Board
of Supervisors on October 25, 1988. The motion was seconded by
Supervisor McGraw and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
I
I
I
I
September 27, 1988
15 9
.-~~_._,..~_.-~..- _.~
IN RE:
CONSENT AGENDA
Supervisor Johnson moved to approve the Consent Agenda
with Item 5 removed for discussion.
The motion was seconded by
Supervisor McGraw, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RE SOLUT I ON NO. 92788 - 9 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:
1. That that certain section of the agenda of the
Board of Supervisors for September 27, 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 6, inclusive, as follows:
1. Resolution recognizing October 24, 1988 as
Community Action Day.
2.
Approval of Resolution of Support for House Joint
Resolution establishing low cost health care
coverage for school and local government
employees.
~
160
September 27, 1988
3. Request for acceptance of Byers Road into the Va.
Department of Transportation Secondary System.
4. Approval of a Raffle Permit from the Cave Spring
High School PTSA.
5. Reql:ies~- £or- aþþroþr±a~±on- £or- des±gn- þfiase- o£
Sþr±n9-Ho~~ow-Reservo±r~
6. Transfer of roads from Va. Department of
Transportation to City of Salem.
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 I
McGraw with Item 5 removed for discussion.
The motion carried
with the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 92788-9. a RECOGNIZING OCTOBER
24, 1988, AS COMMUNITY ACTION DAY
WHEREAS, the 27 Virginia Community Action Agencies have been
unfailing in their effort to offer a "hand up" to millions of
Virginians during the last 23 years; and
WHEREAS, Virginia Communi ty Action Agencies have made
I:
significant advances in assisting the poor to help themselves
~
I
I
September 27, 1988
16 1
through education,
weatherization, health
economic development; and
WHEREAS, Community Action in Virginia has been supported by
thousands of volunteers (six volunteers to every paid staff
person), serving on community action boards, advisory councils,
neighborhood organizations and working alongside staff; and
WHEREAS, Virginia Community Action Agencies have faithfully
carried out the mandate of the Economic Opportunity Act by
"strengthening of community capabilities for planning and
coordinating", "the better organization of services", innovative
approaches in attacking causes of poverty", "maximum feasible
participation of the poor", and "the broadening of the resource
jOb training, improved housing,
and nutrition services, counseling, and
bases";
WHEREAS, Virginia Community Action Agencies have established
themsel ves as national leaders in the development of innovative
statewide organizations and programs, such as the Virginia Water
Project, Virginia Cares, the Virginia Weatherization Program and
Project Discovery, Inc.; and
WHEREAS, Virginia Community Action Agencies by serving the
poorest residents of this great Commonwealth also have served all
her citizens;
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors
of Roanoke County, Virginia recognizes OCTOBER 24, 1988 as
~
September 27, 1988
16 2 ~.
ction Day throughout
Commonwealth of Virginia;
That this be an opportunity
for the citizenry of Roanoke
QQW~H¡¥ to .recogniae the g t
rea accomplishments that have taken
place in relieving sUffering and helping the Poor to beoome
self-sufficient;
the County of Roanoke
and
That all of us rededicate ourselves to the great challenge
of building a stronger Virginia through
ensuring that everyone
has "the opportunity for educat ~on a d t . .
... n ra~n~ng, the opportunity
to work, and the opportunity to live in deoenoy and dJ.9nJ,ty,tt
On motion of Supervisor JOhnson, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, RObers, Garrett
I
NAYS:
None
RESOLUTION 92788-9.c REQUESTING ACCEPTANCE OF
BYERS ROAD INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1 . That this matter came this day to be heard upon the
proceedings therein and upon the application for Byers Road a
section of road extending from Quail Place (Route 1888), 0.15
miles north of Trevilian Road (Route 1413), and extending in a
westerly and northerly direction 0.16 miles to a proposed
I
I
I
September 27, 1988
16
"T"-turnaround, pursuant to Section 33.1-72.1, Paragraph C-l and
funded as a Rural Addition.
2. That this Board does guarantee the Commonwealth of
Virginia an unrestricted right-of-way of 50 feet with necessary
easements for drainage as recorded in Deed Book 792, Page 300,
dated June 15, 1968, and subsequent deeds of record in the
Roanoke County Circuit Court Clerk's Office.
3. That this Board does certify that this road was open to
public use prior to January 1, 1976, at which time this road was
open to and used by motor vehicles.
4. That this Board does certify that speculative interests
are not involved.
5. That said road known as Byers Road which is shown on a
certain sketch accompanying this resolution, be, and the same
is hereby established as a public road to become a part of the
state secondary system of highways in Roanoke County, only from
and after notification of official acceptance of said road by the
Virginia Department of Transportation.
On motion of Supervisor Johnson, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS:
None
RESOLUTION
STUDY BY THE
92788-9.b SUPPORTING THE
GENERAL ASSEMBLY OF HEALTH
~
16 4
September 27, 1988
CARE COVERAGE ALTERNAT IVES FOR SCHOOL
EMPLOYEES
WHEREAS, the 1987 Session of the Virginia General Assem-
bly established pursuant to House Joint Resolution Number 250 a
joint sub-committee to study health care coverage alternatives
for school employees; and
WHEREAS, the 1988 Session of the Virginia General Assem-
bly continued this joint sub-committee study pursuant to House
Joint Resolution Number 63; and
WHEREAS, this joint sub-committee heard considerable
coverages provided and employer contributions made by local
I
testimony about wide disparities existing in health insurance
school boards and the problems school employees are having with
this insurance coverage; and
WHEREAS, the problems of local constitutional officers
and employees of local government are similar to those of school
employees; and
WHEREAS, the joint sub-committee decided that these
issues also should be addressed.
NOW, THEREFORE, be it resolved by the Board of Supervi-
sors of Roanoke County, Virginia, that said Board supports the
study by the joint sub-committee and urges the General Assembly
to provide uniform, meaningful, cost-effective health care cover-
age alternatives for school employees, local constitutional offi-
I
cers, and employees of local government.
September 27, 1988
165
On motion of Supervisor Johnson, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
IN RE: ITEM 5 (REQUEST FOR APPROPRIATION FOR DESIGN PHASE OF
SPRING HOLLOW RESERVOIR)
Supervisor Nickens expressed disappointment that the
Cities of Roanoke and Salem have changed their mind and decided
I not to participate in the Spring Hollow Reservoir, and that they
now no longer feel the need for additional water that they
previously felt was necessary. He also suggested that the County
may wish to continue digging wells in east County for
transmission to southwest County.
Supervisor Nickens moved to approve the appropriation
for the design phase of Spring Hollow Reservoir. The motion was
seconded by Supervisor McGraw, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
I
IN RE:
REPORTS
16 6
September 27, 1988
Supervisor Robers moved to receive and file the reports
listed below. The motion was seconded by Supervisor McGraw, and
carried by the following recorded vote:
AYES: Supervisors Johnson, RObers, McGraw, Nickens, Garrett
NAYS: None
1. Report on Recycling Project presented by Director
of General Services Gardner Smith
2. Reserve for Board Contingency
3. Capital Fund Unappropriated Balance
4 . General Fund Unappropriated Balance
IN RE:
EXECUTIVE SESSION
At 4:20 p.m. Supervisor Garrett moved to go into
Executive Session pursuant to the Code of Virginia Section 2-1-
344 (a) (7) to discuss a legal matter with Fifth Planning
Di strict Commiss ion and (3) to discuss a real estate matter
involving the landfill. The motion was seconded and carried by
the following recorded vote:
AYES: Supervisors Johnson, RObers, McGraw, Nickens, Garrett
NAYS: None
IN RE:
OPEN SESSION
I
I
September 27, 1988
16 7
_._.., u.. _. _ M __.__. _". .'""
At
5:15
p. m., Supervisor Garrett moved to return to
The motion was seconded and carried by the
Open Session.
following vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
IN RE:
PROPOSED LANDFILL SITES
Supervisor Johnson moved to go forward with survey,
I boring and testing of the potential landfill sites. The motion
was seconded by Supervisor McGraw, and carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
None
IN RE:
RECESS:
At 5:20 p.m., Chairman Garrett declared a dinner
recess.
IN RE:
EVENING SESSION
I
At 7:05 p.m., Chairman Garrett reconvened the meeting.
16 8
September 27, 1988
IN RE:
PUBLIC HEARINGS
988-1
Petition of Occidental DeveloDment
CorDoration to rezone a 24.94 acre tract from
R-l, Residential to R-3, Residential to
construct multifamily dwellings located
immediately west of the intersection of
Colonial Avenue (Route 720) and Ogden Road
(Route 681) in the Cave Spring Magisterial
District.
APPROVED WITH PROFFERED CONDITIONS
Planner Dale Castellow reported that this area is
designated Development in the County's future land use plan map.
The significant impact factors focus on traffic and traffic
circulation.
The proposed development should generate 1740
vehicle trips per day.
Recent traffic counts show average daily
trips of 11,344 per day along Colonial Avenue north of Ogden Road
and 11,637 just south of Ogden Road.
The petitioner has
proffered many conditions to mitigate potentially negative
impact s of the proposal.
Mr. Castellow reviewed the conditions
offered by the petitioner.
The Planning Commission recommended
approval of the rezoning request.
Attorney Don Wetherington was present representing the
petitioners.
The proposal has changed from the first
presentation in that there are now no plans for any business or
office use on the project.
There is an increase in the number of
I
I
I
I
16 9
September 27, 1988
apartmen t s. He advised that the buildings are larger than
surrounding buildings to be able to preserve the green areas on
the property. There will be a single entrance at the traffic
signal. The three streets abutting the proposed project will
remain closed in keeping with the desires of the residences. He
pointed out that his figures show only 1450 vehicle trips per day
from the development as opposed to staff's projected 1740,
because most of the apartments would be one-bedroom apartments.
The following citizens spoke in opposition to the
proposed development because of the additional traffic, the
present 55% turnover at Green valley School, there are too many
apartments in the area at the present time, and the addition of
more apartments added since the last rezoning request was heard.
1. Donald J. Potter, Sr., 3417 Greencliff Road S. W.
2. Craig S. McCelland
3. Ruth Mosely, 3425 Greencliff Road S. w.
4. Mark Siler, 3471 Old Towne Road
5. Howard Ward, 3539 Georgetown Road
6. Doug Doughty, 3534 Wedgewood
7. David Courey, 3434 Ashmeade Dr. S. W.
8. Herman E. Peters,
9. Cletus Broyles, 3911 Old Towne Road
10. Barbara Leaman, 3420 Ashmeade Drive S. W.
" 11 0
September 27, 1988
Two citizens spoke in favor of the proposed development.
They were:
1. Howard Swank, 3434 AShmeade, who supported the
petitioner's condition to allow the roads to remain closed.
2. Mark White, 6718 Oleander Circle,
Supervisor Robers reviewed the history of the project
and advi sed that he had attended many meetings on the proposed
development. He reminded those present that there were
objections voiced to the original development with businesses
located on the property because it was not known what businesses
would be located there or what traffic they would generate. The
petitioner has removed the businesses and made additional changes
to the conditions. The Board of Zoning Appeals agreed there was
a significant enough change to bring the rezoning request back to
the board. Supervisor Robers advised he is now ready to support
the proposed rezoning.
Supervisor Johnson asked Director of Engineering
Phillip Henry for the status on the upgrade of Colonial Avenue.
Mr. Henry responded that Colonial Avenue is not on the Six-Year
plan for improvement through 1994. The plan may be amended in
1990 and thi s pro j ect coul d be added and prioritized at that
time.
I
Supervisor Garrett advised that he felt an obligation I
to listen to the needs and requests of the citizens, but that the
I
I
September 27, 1988
17 1
- -~~'-~~"',""'~'^- ---,,~
Board is also obligated by laws to vote based on the project.
His primary concern was the additional traffic that the
development would create, and the delays that would happen at the
Colonial-Ogden intersection.
He could not support the rezoning
because of the traffic.
Supervisor Robers moved to approve the rezoning with
proffered conditions.
The motion was seconded by Supervisor
McGraw, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens
NAYS:
Supervisor Garrett
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
as Parcel 77.11-1-55 and recorded in Deed Book 959 and legally
described below, be rezoned from R-1 Single Family Residential
District to B-3 Multi-family Residential District
BE I T 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.
BEGINNING at corner 1, an iron pin
set on the western line of Colonial
17 2
September 27, 1988
avenue (having a right of way of
varying width) at the northeast
corner of property now or formerly
belonging to Charles A. Bushnell
and Nellie E. Busness; thence N.
440 58' 00" W. 519.26 feet to a
marked 12" hickory; thence N. 310
33' 00" E. 352.10 feet to a set
iron pin designated Corner 4;
thence N. 230 13' 07" E. 446.16
feet to a set iron pin; thence N.
2 3 0 4 5 ' 0 7 " E . 3 7 0 . 0 0 fee t to an
existing iron pipe; thence S. 500
43' 51" E. 1,237.80 feet along the
1 ine 0 f property now or formerly
owned by the City of Roanoke to a
set iron pin designated Corner 7 on
the western side of Colonial
avenue; thence (and with all
remaining courses along the western
side of Colonial Avenue) S. 310 30'
35" W. 205.68 feet to a point;
thence N. 580 29' 25" W. 9.00 feet
to a point; thence S. 310 30' 35"
W. 10.00 feet to a point; thence S.
580 29' 25" E. 9.00 feet to a
point; thence S., 31030' 35" W.
81.00 feet to a point; thence N.
580 29' 25" W. 9.00 feet to a
point; thence S. 310 30' 35" W.
10.00 to a point; thence S. 580 29'
25" E. 9.00 feet to a point thence
S> 310 30' 35" W. 370.32 feet to a
point; thence wi th a curve to the
left, whose radius is 2,316.83 feet
and whose chord bearing and
distance are S. 270 35' 35" W.
316.50 feet, the arc distance of
316.75 feet to a point; thence S.
230 40' 35" W. 37.69 feet to a
point designated Corner 18; thence
wi th a curve to the left whose
radius is 2,839.79 feet and whose
chord bearing and distance are S.
250 06' 08" W . 141 . 3 0 feet, the arc
distance of 141.32 feet to Corner 1
and the point of beginning,
containing in the aggregate 24.94
I
I
I
I
September 27, 1988
17 3
---......,.. _.". ~-,"- ~_.- _.......',.,.~ ,.....,- ...--_....
acres and being designated as Tract
#1, all according to that certain
plat of survey entitled "Plat
Showing Property of Catherine
Aicaquerre Ronk", dated April 25,
1988 by Buford T. Lumsden and
Associates, P. C., the details of
which plate are incorporated here
by this reference.
PROFFER OF CONDITIONS
1. Old Towne Road, Ashmeade Drive and Greencliff Road
will not be extended beyond their present terminuses at the
boundary of the referenced parcel or otherwise used for vehicular
access to or from the parcel.
2. No more than eleven dwelling units per acre will be
constructed on the land.
No more than 264 dwelling units will be
constructed in the entire development.
No more than 118 dwelling
units will contain as many as two bedrooms.
No dwelling unit
will contain more than two bedrooms.
3. Access to Petitioner's intended development within
the parcel will be by a single entrance on Colonial Avenue at its
intersection with Ogden Road S. w.
4. Petitioner will include within its development a
storm-water detention pond sufficient to detain increased
surface-water runoff from the development following a "10-year
storm" with a release rate of the increased water no greater than
would follow a "2-year storm".
174
September 27, 1988
5. For the 30 days following approval of rezoning,
members of the Roanoke Archaeological Society will have
permission to survey and examine the land for artifacts and other
items of archaeological significance. In keeping with
Petitioner's desire to preserve the greenery and natural
appearance of the land insofar as possible in connection with its
development, no tools or equipment other than hand tools may be
used for exploration except with petitioner's written consent to
the contrary. In its discretion petitioner's may request that
persons coming onto the land agree to hold the Petitioner and the
owner of the property harmless from claims arising from injury or I
damage to such persons and their property. In addition, the
Peti tioner agrees to make the following disposition of the two
older cabins situated on the land. Catherine V. Ronk, the
present owner of the land, in a contract with the Petitioner has
reserved the right for 90 days beyond closing the sale and
purchase of the land to remove the two cabins. If such 90-day
period expires without Mrs. Ronk's having commenced removal of
one or both cabins, or if Mrs. Ronk notifies Petitioner in
advance of the expiration of 90 days that she will not remove
ei ther or both cabins, then Roanoke Archaeological Society will
have the right to remove whichever cabin or cabins that Mrs. Ronk
has chosen not to remove. Petitioner reserves the right, I
however, to designate the period of time in which the Society
I
I
September 27, 1988
17 5
_,., . w ~_~
must conclude removal, based upon such considerations as whether
the removal activities beyond a particular date will hinder
Petitioner's site preparation or other construction activity.
The Peti tioner also reserves the right to require that Roanoke
Archaeological Society or other persons acting under its
direction or with its consent enter into agreement with
peti tioner in reasonable form to protect the Petitioner against
liability or cost that might arise from removal activities.
6. Development of the land in this parcel will be in
substantial conformity to the concept plan dated July 11, 1988 by
Bu ford T. Lumsden & Associates, P . c. , a copy of which plan has
been submitted with Petitioner's application and petition.
However, Pet it ioner may elect to construct fewer buildings and
dwelling units than depicted on the concept plan.
7 . An entrance marker sign and plaques, or some
combination thereof, may be placed at the entrance of the
property. The entrance marker sign, if used, will have no more
than two faces and will contain no more than 75 square feet of
surface area on anyone face. No more than two plaques will be
used; each will have a single face containing nore more than nine
square feet of surface area on a face. For purposes of promotion
and lease-up during construction and for the one year following
construction, Petitioner may maintain a sign within the interior
of the property situated no closer than 50 feet to Colonial Ave.
17 6
September 27, 1988
and having a single face with a surface area of no more than 128
square feet to communicate such information as the name of the
community, office hours, a telephone number or numbers, rental
rates and other such information. This sign will remain on the
property no longer than one year from the completion of
construction. Other signs that identify buildings, regular
traffic, designate parking areas and the like that are not
visible or conspicuous from Colonial Avenue may be utilized
within the project without restriction.
8. Area lighting in the immediate vicinity of adjacent
residential properties will be focused toward the interior of the
project to avoid unnecessary glare and distraction to neighboring
residents. Freestanding light poles will not exceed 20 feet in
height, and the intensity of the lighting will not exceed 2-foot
candles on the ground beneath the lamp.
9. No building will be constructed closer than 100
feet to the Georgetown Park subdivision.
10. Buffering of the type described as "Type C-Option 2"
in section 21-92 (G) of the Roanoke County Zoning Ordinance will
be provided along the boundary of Georgetown Park and Greenwood
Forest where existing natural growth does not provide reasonably
similar buffering. "Type C-Option 2" buffering specifies a 25-
foot buffer yard with small evergreen trees (having an ultimate
height of 15 feet or greater and planted each 15 linear feet) and
I
I
I
I
17 7
September 27, 1988
__ __~<__·,_~______.w_~__~.__.~___~~"~'____"'_'_'_____'_~~_~.__...______~__________
evergreen shrubs (having an ultimate height of 6 feet or greater,
at least 18 inches at time of plating and planted each five feet).
Planting will occur as soon as feasible in the course of
construction.
11. All dumpsters will be screened by solid wooden
fencing and landscaping.
No dumpster will be closer than 75 feet
to Georgetown Park or greenwood Forest.
988-2
peti tion of Chaparral Forest Associates to
rezone a 2.97 acre tract from R-1,
Residential to R-5, Residential to construct
townhomes, located on the north side of
Chaparral Drive (Route 800) approximately 300
feet west of its intersection with Beacon
Drive in the Cave Spring Magisterial
District. (CONTINUED FROM JUNE 28, 1988)
DENIED
Mr. Castellow reported that this petition is currently
designated Neighborhood Conservation on the Future Land Use Plan,
which discourages development of middle to high density
residential of 6 to 12 units per acre.
The proposed density is
6.06 units per acre.
He reviewed the proffered conditions.
The
original public hearing was held on June 28th, but was referred
back to the Planning Commission for additional review. The
Planning Commission held a second public hearing on September 6th
~
17 8
September 27, 1988
to review the revised petition. Fourteen citizens were present
in opposition to the proposal. They were concerned with site
distance and the fact that two entrances would create a traffic
hazard. The Planning Commission recommended denial.
Ed Natt, attorney for the petitioner, pointed out that
originally the Planning Commission voted unanimously for denial,
but on September 6th, the vote was 3 to 2. The proposal is for
18 townhome units in four buildings on Chaparral Drive. The
units would be individually owned with common area. There would
be two entrances and the site distances required by the Va. I
Department of Transportation have been met. He advised that the
major conflict remaining is with land use compatibility and site
layout. Mr. Natt advised that several other complexes in the
immediate area have higher density than the proposed development.
Concerning the site layout, he pointed out that at the Planning
Commissioner meeting, it was pointed out that under this land use
designation, there could be single family homes with driveways
backing into Chaparral which would be a more serious traffic
hazard. Mr. Nat t stated that the other major factor was site
layout which did not include exceptional housing design or site
planning techniques, yet when the staff was asked what the
developer could do to improve this, there was no comment or
suggestions. The developer is willing to meet the exceptional I
site techniques, but has not been told what they were.
I
I
17 9
September 27, 1988
--..-----
_ _ __,~"~__,_~_,______,_~_~~_,,,_.·~r'.~·~.'_·"'_ __..",._.~ .__.__ _.._.__ .._~._.___
..._......~_._-_.,,-,.,..-",.-
". ..-.....-.- .~_..._.._- .----"._--.
..__n~_·m·_·__
.. "~-'P' ~ ",__.,_,__._,__" _". ,_"_,_'."...
. - n_.. ."_........._..,,
Two ci tizens were present to speak in opposition to the
proposed rezoning.
Robert Turner, 3394 Kelly Lane was concerned
with traffic and safety.
Wanda Manual, 4930 Bower Road was
opposed because she felt that the Land Use Plan should be adhered
to.
Supervisor Robers moved to deny the peti tion. The
motion was seconded by Supervisor McGraw, and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Garrett
NAYS:
Supervisor Nickens
Supervisor Nickens asked for a report on exceptions that
have been made to the Land Use Plan and for an explanation and
description of "Exceptional housing design or site planning
techniques."
988-3
Peti tion of CBL Manaaement. Inc. requesting
rezoning from M-1 Industrial, to B-2 Business
of a tract containing 4.13 acres to
construct a shopping center located on the
west side of Merriman Road (Route 613)
approximately 100 feet south of Starkey Road
(Route 904) in the Cave Spring Magisterial
District. (CONTINUED FROM JULY 26, 1988)
APPROVED WITH PROFFERED CONDITIONS
Jon Hartley advised that this rezoning involved
approximately 34,000 foot shopping facility which would include a
~
18 0
September 27, 1988
Shopping market and five retail centers plus a future building
si te shown on the concept plan. At the Planning Commission
hearing there were seven people in Support and one in opposition,
who was concerned with potential drainage problems. The Planning
Commi s s ioner recommended approval with proffered conditions.
Following continuance on July 26, 1989, the staff attempted to
respond to the board members questions.
Supervisor Johnson asked if there was any potential for a
prospect to locate manufacturing in this parcel. Mr. Gubala
responded that it would be possible if there were water and sewer
improvements. He further advised there were 720 acres in Roanoke
County zoned M-Manufacturing.
Rodney W. McNeil, 5920 Starkey Road, spoke in opposition
because of increased traffic problems with commercial property
and the downzoning from Manufacturing.
Dan Layman, Attorney for the petitioner, explained that
the property has not been been used for industrial purposes
because of a lack of water and sewer to accommodate industrial
use. Steve Tingle, CBL Associates, outlined the plans for the
property. They plan to only develop three shops, including a
food market and expand to five shops if successful.
Supervisors Robers and Johnson both expressed concern at
downzoning M-zoned property when there is so little M-zoned
property available for industrial and commercial use.
I
I
I
I
,-,
September 27, 1988
18 1
_ _. ,._ _·0...· ,_"_,_,, _......_. ,._ ____._. .~......_..__.. .__...__,"..~ ..___. _.~,,__ __._'~._... ._,_
!
Supervisor Robers moved to deny the petition.
The motion
was seconded by Supervisor Johnson and defeated by the following
recorded vote:
AYES:
Supervisors Johnson, Robers
NAYS:
Supervisors McGraw, Nickens, Garrett
Supervisor Nickens moved to approve the petition with
proffered conditions.
The motion was seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES: Supervisor Johnson, McGraw, Nickens, Garrett
NAYS: Supervisor Robers
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
as Parcel 97.01-02-10 and recorded in Deed Book 1064, page 222
and legally described below, be rezoned from M-1 Light Industrial
District to B-2 General Commercial District
BE I T 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.
BEGINNING at a point on the west
line of Va. Sec. Rt. 613 corner to
~
18 2
September 27, 1988
the property of Hubert E. Harris;
thence with the west line of Rt.
613 a curve to the right whose
chord is S 50 46' 13" W 175.31
feet an arc distance of 176.06
feet, and S 180 05' 50" W 244.42
feet to a point; thence a new line
S 77 0 03' W 485.0 feet to a point;
thence a new line N. 170 23' W.
312.0 feet more or less to a point;
thence with the outside line N 710
46' 30" E 695.0 feet to the place
of BEGINNING
PROFFER OF CONDITIONS
(1) the property wi 11 not be used
following purposes: convenience store, hotel,
assembly hall, motor vehicle dealership, funeral
kennel, home for adults, hospital, nursing home,
public dance hall.
(2) Access to Merriman Road (Route 613) will be limited
to not more than two points along the frontage of the property.
(3) No signs other than those advertising businesses
located on the subject property will be erected on the property.
(4) Petitioner will comply with applicable limitations
on size, number and location of signs and in addition agrees that
freestanding or pylon signs on the property will be limited to
either (a) one sign of not more than 200 square feet or (b) two
signs, one of not more than 140 square feet and the other of not
more than (80) square feet.
(5) Parking areas will be aesthetically treated with
landscaping and/or planting areas.
(6) All dumpster sites will be screened.
(7) The maximum height of light poles on the property
will be thirty feet. Lighting will be directed onto the parking
areas, and the maximum light level at the property line adjacent
to properties being used for residential purposes shall not
exceed one foot candle.
(8) Use of the property will include a supermarket of
25,000 square feet or more.
for any of the
motel, theater,
home, commercial
flea market, or
I
988-4
Peti tion of Richard and Tamara Carrell for a
Use Not Provided For Permit to operate a dog I
boarding kennel and conduct obedience
training classes in addi tion to a residence
on a 3. 079 acre tract located immediately
I
I
~
1 e 3
September 27, 1988
w_ . 'P__~'_4 _",,_ __ _.__w.·..· __.~.~ "..,,_...~.__
east of the
Road (Route
District.
terminus
6 6 7) in
of Old Virginia Springs
the Vinton Magisterial
APPROVED WITH PROFFERED CONDITIONS
Supervisor Nickens advised that there was no opposition
to this petition, and there were no citizens present to speak.
Supervisor Nickens moved to grant the petition. The
motion was seconded by Supervisor McGraw, and carried by the
following recorded 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 99.00-1-33.1 and recorded in Deed Book 1218 and legally
described below, be issued a Use Not Provided for Permit for the
purpose of a residence and boarding kennel of up to fifteen dog
runs, obedience training classes in fenced area, limited hours
and days.
BE I T 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
18 4
September 27, 1988
BEGINNING in the center of the
branch at Corner "I" on the east
line of the Ollen B. Hartman 2 1/16
acre tract, said point being
approximately 30 feet east of the
centerline of Va. Hwy. Rt., No. 667
(30 feet wide); thence with four
new lines thru the property of Carl
L. Meador and Edna H. with four new
lines thru the property of Carl L.
Meador and Edna H. Meador, s. 470
09' 04" E. 133.21 feet to an iron
pin at Corner "2"; thence S. 810
53' 43" E. 36.79 feet to an iron
pin at Corner "3"'; thence N. 780
41' 53" E. 509 . 66 feet to an iron
pin at Corner "4"; thence S. 90 49'
48" E. 174.96 feet to an iron pin
at Corner "5" on the northwesterly
line of the formerly Hubert & Edith
Kelly property;thence with the
same, following the existing fence,
S. 540 14' 03" w. 197.18 feet to a
30 inch red oak at Corner "6";
thence S. 670 33' 18" w. 65.69 feet
to a 10 inch hickory at Corner "7"
thence S. 740 34' 43" w. 24.20
feet to a 24 inch red oak at Corner
"8"; thence N. 770 37' 41" W.,
passing a 36 inch white oak on line
at 287.34 feet, in all 303.41 feet
to Corner "9" in the centerline of
a branch; thence down in the branch
as it meanders, the following 10
courses and distances, N. 250 45'
40" E. 11.47 feet to corner "10'"
thence N. 300 57' 21" W. 11.69 W.
38.51 feet to Corner "12" thence S.
810 50' 02" W. 33.57 feet to corner
"13"; THENCE N. 810 43' 09" W.
27.99 feet to corner "14"; thence
S. 600 45' 25" W. 11.69 feet to
Corner "15"; thence N. 620 19' 06"
W. 18.92 feet to Corner "16";
thence S. 790 26' 45"W. 15.10 feet
to corner "17"; thence N. 50 51'
12" W. 19.39 feet to Corner "18";
I
I
I
I
-.,
18 ~
September 27, 1988
-- ._...,.,~.^,~þ_._-~~_._._---_..~'~._'--
thence N. 160 09' 43" W. 14.40 feet
to Corner 19 on the easterly right
of way line of Route 667; thence
wit h same N. 170 02 ' 0 3 " E . 70 . 8 8
feet ot COrner 20 in the centerline
of the branch, thence leaving the
right of way of said highway and
wi th the center of the branch, the
following three courses and
distances, N. 35035'43" E. 41.388
feet to Corner 21 thence N. 220 N
39' 23" E. 27.91 feet to Corner 22;
thence N. 11021' 42" w. 25.29 feet
to Corner 12, the place of
beginning and containing 3.079
acres as shown on plat prepared by
T. P. Parker & Son, Engineers and
Surveyors, Ltd., dated December 26,
1984.
PROFFER OF CONDITIONS
A. Site Restriction
(1) No kennel will be constructed within 150 feet of the
property line, as of April 5, 1988, between our property and that
of Bonnie McCutcheon.
(2) No business usage of any sort will be within 150 feet
of the property line described in conditional A-I.
(3) No kennel will be constructed within 200 feet of
Route 667.
B. Improvements
(1) There will be no more than 15 kennels built for
commercial purposes; with a total of not more than 27 dog
residents on the premises.
(2) The kennel facility and training area will be fenced
to ensure that no dogs may escape.
(3) There will be one sign which will be wooden and non-
illuminated.
(4) A kennel silencer will be installed and maintained
in the commercial kennel.
(5) The parking area for the training classes will be at
least 50 feet from Route 667.
(6) The training area will be at least 200 feet from
Route 667.
~
18 6
September 27, 1988
(7) Parking for the kennel will be located behind the
kennel at the top of the hill.
(8) Pine trees to be planted and maintained on 7 ft.
centers along Old Virginia SPring Road adjacent to parking lot.
c. Operations
(1) All dogs on this property for boarding or training
purposes will be on a leash or confined by a secure fence.
(2) There will be no more than 3 hours of group classes
a day.
(3) There will be no group classes on Sundays.
(4) There will be no more than 15 dogs in group
obedience classes. No training will occur after 9:00 p.m.
(5) Dogs in the training area for exercise will not
exceed 5 and will always be supervised by applicant or employee
of applicant. No dogs will be in the training area at anytime
unless for training or for exercise. When any dog is in the
training area for training, no dogs shall present for exercise,
and when any dog is in the training area for exercise, no dogs
will be present for training.
I
988-5
Petition of Daniel R. Duffy to rezone a 0.343
acre tract from B-1 Business to B-2 Business
to construct a dry cleaning business located
on the west side of Brambleton Avenue (Route
221) approximately 1, 000 feet north of its
intersection with Colonial Avenue (Route 720)
in the Windsor Hills Magisterial District.
APPROVED WITH PROFFERED CONDITIONS
No citizens were present to speak on this petition.
Supervisor Garrett moved to grant the peti tion with
proffered conditions.
The motion was seconded by Supervisor
Nickens, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
I
I
I
-~
18 7
September 27, 1988
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
as Parcel 76.20-02-06 and recorded in Deed Book 1244, page 1377
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.
BEGINNING at an iron on the vesterly side of u.s. Route 221, approxiaately
488.5 feet northerly of its intersection vith Old Cave Spring Road; thence
N. 53· 31' 20· w. 32.22 feet to an iron; thence S. 87· 04' 20· W. 26.52 feet
to an iron; thence N. 80· 18' 20- W. 75.56 feet to an iron; thence S. 79.
59' 25- w. 44.97 feet to an iron; thence N. 33· 30' 39· E. 103.53 feet to
an iron,rebar; thence N. 86· 02' 35- E. 100.00 feet to an existing P.I. Nail;
thence S. 29· 33' 37- I. 26.64 feet to an iron; thence S. 59· 41' 38- B.
56.37 feet to an iron on the' vesterly aide of u.s. Route 221; thence along
the vesterly side of O.S. Route 221. S. 36· 29' 00- W., passing an iron at
53.52 feet. a total of 80 feet to an iron. the place of BEGINNING and being
Nev Tract C, containing 0.343 acre, asshovn on survey for Ja..s Buck Plu.bin~
, Beating' R. Willia. Reid Builder. Inc.. by Balzer and Associates, Inc.
Land Surveyocs, originally dated August 27, 1986 and updated "arch 25, 1988,
to vhich suevey ~ee particulae eeference is hereby .ade.
BEING a part of the aa.e property conveyed to Ja.es Buck Plu.bing ,
Beating and R. Willia. Reid Builder. Inc. by deed of correction. dated
August 28, 1986, recorded in the Clerk's Office of the Circuit Court for
the County of Roanoke, Virginia in Deed Book 1244, page 1477.
PROFFER OF CONDITIONS
(1) To be constructed in substantial conformance with
Conceptual Plan.
(2) The total square footage of all signs on the subject
property is limited to a maximum of 100 square feet.
(3) No billboards will be erected on the property.
r
I
I
I
18 8
September 27, 1988
988-6
Petition of The Secretary of the Roanoke
County Plannina Commission to amend the Land
Use Plan: Future Land Use map designation
from Core to Principal Industrial of a tract
of 'Land located north of the intersection of
US 460 and Cloverdale Road (Route 604), east
of Kingsmen Road (Route 608) and south of the
border of the counties of Roanoke and
Botetourt in the Hollins Magisterial
District.
Planner
Jon Hartley advised that this amendment is in
response to the Tweeds proposal and will make the Land Use Plan
consistent with the project. There was no one present to speak.
Supervisor Johnson moved to grant the petition. The
motion was seconded by Supervisor Nickens, and carried by the
following recorded vote:
I
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 Parcels 40.01-1-17 and 40.01-1-18 and recorded in Deed Book
1033, page 627 and Deed Book 244, page 707 and legally described
below, be redesignated from Core to Principal Industrial.
All properties incorporated within
Route 460, Rote 604, Route 608,
the boundaries of
and the Roanoke
I
I
I
September 27, 1988
18 9
County /Botetourt County line in the Hollins Magisterial
District.
988-7
Petition of the Roanoke Count v Board Q.f.
SUDervisors to rezone a portion of a 24.78
acre tract from R-E Residential Estates to M-
1, Industrial for a buffer yard and
construction of a mail order distribution
center, located immediately east of
Cloverdale Road (Route 604) and Kingsmen Road
(Route 608) in the Hollins Magisterial
District.
APPROVED WITH PROFFERED CONDITIONS
Planner Jon Hartley presented the staff report and
advised this property will be used as a buffer yard for the
Tweeds distribution center. There was no one in opposition.
Supervisor Johnson moved to approve the petition with
proffered conditions.
The mot ion was seconded by Supervisor
McGraw, and carried by the following recorded 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
and recorded in Deed Book
and legally described
I
L
19 0
September 27, 1988
below, be rezoned from RE Residential Estates District to M-1
Light Industrial 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.
Beqinning at a point on the northerly right of way line of VA Route 604, said point
being N 48° 49' 51- W, 251.79 feet from the intersection point of the right of way
lines of US Route 460 and VA Route 604; thence along said right of way line.N 480 49'
51- W, 98.21 feet to a point; thence N 20· 28' 15- W, 70.05 feet to a point, being the
intersection point of the right of way lines of VA Route 604 and VA Route 608; thence
along the easterly right of way of VA Route 608 N 00° 41' 39- E, 152.20 feet to a
point; thence N 03· 48' 09- E, 542.93 feet to a point; thence N 05° 18' 09- E, 534.07
feet to a point; thence with a curve to the right havi"9 a radi us of 590.00 feet, an
arc length of 144.51 feet, and a chord bearing and length of N 12- 19' 09- E, 144.15
feet to a point; thence N 19° 20' 09- E, 81.0 feet to a point on the approximate
boundary of Roanoke CO'.lOty and Botetourt County; thence leavilYJ said right of way and
fo11ating said boundary line S 61· E, 101. 4'4 feet to a point; thence leavi"9 said
boundary line S 19· 20' 09- W, 63.97 feet to a point; thence with a curve to the left
having a radius of 490.00 feet, an arc length of 120.01 feet and a chord bearinq and
length of S 12° 19' 09- W, 119.71 feet to a point; thence S 05° 18' 09- W, 534.07 feet
to a point; thence S 03° 48' 09- W, 542.93 feet to a point; thence S 00° 41' 39- W,
281.28 feet to the place of beginning.
PROFFER OF CONDITIONS
loading
(1)
(2)
(3)
dock
Screening and bUffering, type E, option 2
Route 608 will not be used for industrial access
An earthern berm will be proviàed to screen
area.
the
IN RE: FIRST READING OF ORDINANCES
1 .
Article II.
Qrdinanc!i: amending Chaoter l7. Pl;oGl¡r~ment; COQ~~.
ComDetitive Procurement. Division 4. Small Purchas_s
concernina small DurChases:
County Attorney Paul Mahoney
presented the staff report explaining that this ordinance
eliminates restrictions on small purchasing procedures.
I
',.t. ;:,
I
I
1
19 1
September 27, 1988
9
'¥M._.·__M'_' ~..__.
Supervisor Nickens expressed concern about the
possibility of abuse of the less restrictive procedures, such as
dividing a request into smaller parts to avoid letter quotations.
Following discussion of the issue, Supervisor Nickens
moved to deny the first reading of the ordinance. There was no
second and the motion died.
Supervisor McGraw moved to approve first reading of the
ordinance. The motion was seconded by Supervisor Robers, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Garrett
NAYS: Supervisor Nickens
2 .
Ordinance
acceDtina an offer and authorizina the
of way and easement to ApDalachian Power
conveyance of a riaht
ComDanv - Vista Forest:
Supervisor Nickens moved first reading of the ordinance.
The motion was seconded by Supervisor McGraw, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
3 . 0 r din an c e aut h 0 r i z in a the a c au i s i t ion 0 f 4. 1 9 9
acres from Salem Stone CorDoration and James M. Turner Estate:
County Attorney Paul Mahoney advised that he had been informed
~
r
192
September 27, 1988
that Salem Stone Corporation may be willing to donate this
property and therefore, staff does not have the fiscal impact and
costs to fund this acquisition.
Supervisor Niokens moved to app%'ove t'i%'st ¥'ea<Ung ot'
the ordinance Subject to costs and SOurce of funds being
available by second reading.
The motion was seconded by
Supervisor MCGraw, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors JOhnson, RObers, McGraw, Nickens, Garrett
None
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
1 . Richard Evans, 4443 Cordell Drive, Roanoke, Va.
spoke concerning his opposition to the high penalty deposit fot'
having his water turned off because of non payment. He was also
I
concerned that this deposit was not returnable unless he moved
from Roanoke County, and that there was also a penalty for late
payment.
After discussion of the problem, Supervisor McGraw
..".... to¡II,. 1111. e."'nliy Attol'nQV and t:;ountf Adminhtl'"tor stud, the
ordinances in comparison to other localities and utilities and
report back on October 11, 1988.
2. Ms. Angela Webb, representing the Clearbrook Civic
League spoke in oPposition to the proposed landfill site 677-9RR
l
I
I
September 27, 1988
19 3 :
-. ._~_.-
_~__.__.___,.~_,__.,______".__,._"_,_..___,_~___._ _.._..._._____._~~_,~,_·_·"_.·_,_.·._·_·._._r__·_~___·_..___.____._.____-..___._.___._._-____
~~-,-~.~..- -
located off Route 220.
She also presented a petition signed by
those in the community who were opposed to this site.
3. Glenn E. Prather, 7244 Back Creek Road, also spoke
in opposition to the proposed landfill site near Clearbrook.
IN RE:
ADJOURNMENT
At 9 : 55 p. m., Supervisor Johnson moved to adjourn the
meeting.
The motion as seconded by Supervisor McGraw and carried
by a unanimous
/
///
,/'
/
//4
/
,~/
voice vo~gtuß?;
Lee~Gartètt, Chairman
~