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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 ~