6/23/1987 - Regular
June 23, 1987
557
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24018
..
June 23, 1987
The Roanoke County Board of Supervisors of Roanok
County, Virginia, met this day at the Roanoke Count
Administration Center, this being the second Tuesday, and th
second regularly scheduled meeting of the month of June, 1987.
IN RE:
CALL TO ORDER
Vice Chairman Garrett called the meeting to order a
3:05 p.m. The roll call was taken.
MEMBERS PRESENT:
Vice Chairman Lee Garrett, Supervisors Alan
H. Brittle, Steven A. McGraw, Harry C
Nickens
MEMBERS ABSENT:
Chairman Bob L. Johnson
STAFF PRESENT:
Elmer C. Hodge, County Administrator; John
M. Chambliss, Assistant Count
Administrator for Management Services; Joh
R. Hubbard, Assistant County Administrato
of Public Facilities; Timothy W. Gubala
Assistant County Administrator fo
Community Development; Paul M. Mahoney
County Attorney, Mary H. Allen, Deput
Clerk; Clifford craig, Director 0
utilities; Phillip Henry, Director 0
Engineering; Rob Stalzer, Director 0
Planning, Zoning and Grants; Caro
Giallanza, Sesquicentennial Director; Joh
Peters, Assistant Director of Engineering
Jack Council, Director of Procurement; Ro
Nester, Assistant Director of Genera
Services.
IN RE:
OPENING CEREMONIES
558
June 23, 1987
The invocation was given by the Reverend Tom Jones,
Fort Lewis Baptist Church. The Pledge of Allegiance was recited
by all present.
IN RE:
COUNTY ADMINISTRATOR'S COMMENTS
Elmer Hodge, County Administrator announced that
Chairman Bob Johnson was out of town and unable to attend the
meeting.
Mr. Hodge also announced that John Lambert & Associates
had recently received a Virginia Public Relations Award for their
work on the Roanoke County bond referendum. Linda Lovingood, a
member of the Lambert staff who worked on the campaign was
present and thanked the Board for this recognition.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
Sesquicentennial Director Carol Giallanza introduced
Ogretta Bayer who has hooked a wall hanging of the Roanoke County
Seal to be used in the Sesquicentennial activities. Mrs. Bayer
described how the wall hanging of the seal was made of recycled
materials.
Vice Chairman Garrett presented a Resolution of
Appreciation to Mrs. Bayer. Supervisor Garrett moved to adopt
the resolution. The motion was seconded by Supervisor Brittle.
RESOLUTION 62387-1 OF APPRECIATION TO
OGRETTA BAYER FOR DONATION OF A HOOKED
WALL HANGING OF THE ROANOKE COUNTY SEAL
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
WHEREAS, Roanoke County will be celebrating its 150th
birthday in 1988; and
June 23, 1987
559
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WHEREAS, the Sesquicentennial will offer an opportunity
for all the residents of the Roanoke Valley to take part in
activities honoring this important event; and
WHEREAS, Ogretta Bayer has chosen an imaginative and
colorful way to show her love for the County by her gift of a
hand-made County Seal to be used in the Sesquicentennial
activities in 1988; and
WHEREAS, Mrs. Bayer, a resident of Roanoke County for
fifty four years, invested six months of her life creating this
seal from used, recycled strips of wool.
THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County expresses its deepest appreciation to Ogretta
Bayer for expending her time, materials, and talent; and donating
such a unique contribution to the Sesquicentennial Celebration.
FURTHER, the Board of Supervisors hereby designates
that this seal be used during the Sesquicentennial year whenever
it is deemed appropriate, and that at the conclusion of the
celebration, it be permanently displayed at one of the County's
public buildings.
On motion of Supervisor Garrett, seconded by Supervisor
Brittle, and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
NEW BUSINESS
1. Request for appropriation of funding for the
removal and installation of the Hidden Valley ballfield lights:
Mr. Hodge reported that over a year ago the County removed the
lights from the Hidden Valley ballfields. The staff has located
another field to install the lights at Clearbrook Park. The
staff is requesting a transfer from the Board Contingency Fund of
560
June 23, 1987
$22,897 to cover the cost of removal and reinstallation of the
lights.
Supervisor Brittle moved to transfer $22,897 from the
Board Contingency Fund for the purpose of removal and
reinstallation of the lights. The motion was seconded by
Supervisor McGraw and carried by the following recorded vote:
AYES: Supervisors Brittle, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
2. Request from Pete Eanes for approval to install
an Individual Wastewater Treatment Plant: Director of
Utilities Clifford Craig advised that Mr. Eanes has applied to
the State Water Control Board for a permit to install an
individual wastewater treatment plan to serve an existing lot
located at 1723 Wygal Drive in Mountain Heights. Part of the
approval process requires a letter from the County stating that
on-lot treatment plants are part of our sewer plan and would be
approved for use. This method of sewage treatment is not part of
the County sewage plan and staff is concerned about this type of
plant. This plant would not require a licensed operator or state
monitoring,and there would be no checking of maintenance. The
staff recommends that this request not be approved because it is
not part of the sewage plan and there is a lack of required
maintenance supervision.
Supervisor McGraw moved to deny the request. The
motion was seconded by Supervisor Brittle and carried by the
following recorded vote:
AYES: Supervisors Brittle, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
Supervisor Garrett requested Mr. Craig to prepare a
written policy to cover these types of situations and bring it
back to the Board for approval in 90 days.
June 23, 1987
561
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3. Status Re ort on the 1985 Bond Pro ram Road
Improvements: John Peters, Assistant Director of Engineering
presented to the Board an update on the 1985 bond referendu
money which included $600,000 for road improvements. Sinc
approval of the bond referendum, the County has received $500,00
from the Virginia Department of Transportation in matching fund
for a total of $l.l million dollars to improve variou
subdivision street throughout the County. The staff has outline
48 roads of which 11 were approved by the Board of Supervisor
for request into the Secondary System on June 9, 1987.
4. Re uest for a roval for inclusion of additional roads into
the Rural Addition Program: Mr. Peters advised this is a
annual process to include additional roads to the rural additio
program in Roanoke County. About $86,000 a year is available 0
secondary construction for upgrading streets for acceptance b
the Highway Department. At the present time, three roads are 0
the priority list, Airpoint Drive, Washington Street and Rout
603 Extension. Airport Drive has been shifted to the 1985 Bon
Program, Route 603 Extension is under construction. Due t
problems such as access, Washington Street has not been pursued
The staff recommends that Sagewood Circle, Byers Road, Bushdal
Road, Penwood Drive, Chester Drive and a connecting road fro
Route 1890 and 1905 be add to the Priority List for 1987-88.
Mr. Forest Poff, 3643 Bushdale Road was present t
pinpoint the ending of Bushdale Road which is 168 feet from th
Blue Ridge Parkway border to the north of the parkway. He state
there has been some confusion as to where the road ends.
Dr. Nickens asked how much of Bushdale Road would b
taken into the system. Mr. Peters responded that it woul
include the portion to Mr. Poff's driveway.
Supervisor Nickens moved to approve the staf
recommendation. The motion was seconded by Supervisor McGraw an
carried by the following recorded vote:
~. 562
June 23, 1987
AYES:
NAYS:
ABSENT:
Supervisors Brittle, McGraw, Nickens, Garrett
None
Supervisor Johnson
5. Request from George Peoples for approval to use
water from a County-owned standby well: Mr. Craig announced
that Mr. Peoples owns the acreage that surrounds the Schurmann
well and has requested use of the well for the purpose of
supplying water for their livestock. This well is on standby
status because of the high fluoride level. This will not harm
our well and the Peoples will provide their own pumping system
and would use it only for the purposes of watering livestock.
The well will be posted stating it is not for human consumption.
The County can continue to check on the fluoride content of the
well. Staff recommends that the property owners be allowed to
use the property and that all costs associated with obtaining and
maintenance of the water be borne by the Peoples. The County
Administrator should be authorized to execute an agreement which
would give the property owners 60 days notice prior to
canceling the contract.
Supervisor Nickens moved to authorize the County
Administrator to execute the necessary documents. The motion was
seconded by Supervisor McGraw and carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
IN RE:
Supervisors Brittle, McGraw, Nickens, Garrett
None
Supervisor Johnson
REQUESTS FOR WORK SESSIONS
Supervisor McGraw announced he had received an
ordinance on septic tanks from Botetourt County and requested a
work session on the possibility of such an ordinance for Roanoke
County. County Attorney Paul Mahoney suggested that he be
June 23, 1987
563
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allowed to review the ordinance and write a draft for staff
review, and then bring back to the Board for first and second
reading.
IN RE:
REQUESTS FOR PUBLIC HEARINGS
Phillip Henry, Director of Engineering requested that a
public hearing be set for July 14, 1987 for condemnation
proceedings to receive easement acquisitions for the North Lakes
Interconnection Project. Negotiations are continuing with the
property owners, but it is necessary to begin this process.
Mr. Mahoney stated there are two issues involved in
this matter. One is that the County has committed to the
residents in North Lakes to begin construction by July I, 1987.
The second issue is the difference in what the County wishes to
pay and what the property owners feel the property is worth.
Supervisor Brittle pointed out that settlement of these
condemnations can occur at any part of the proceedings up to the
final disposition at the courts.
Supervisor Brittle moved to set the public hearing for
July 13, 1987. The motion was seconded by Supervisor McGraw and
carried by the following recorded vote:
AYES: Supervisors Brittle, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
APPOINTMENTS
There were no nominations for the Recreation Commission
and the Virginia Western Community College Board.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
r564
June 23, 1987
Supervisor Nickens requested an Executive Session on a
personnel matter.
He also requested the Board to lend its
support behind the possibility of location of a Farmer's Market
in Roanoke County. Mr. Hodge suggested that this be brought back
to the Board for their support at the next meeting.
Supervisor Nickens also announced there will be no
disruption of the CORTRAN transportation services. Effective
July 1, 1987, the contact person for this system will be Debbie
pitts of the Department of Parks and Recreation. The Task Force
is still meeting to pursue future funding for CORTRAN.
Supervisor Brittle asked staff to clean up a washed
out bridge on Back Creek which is causing obstruction of the flow
of the creek. Supervisor Brittle also pointed out that the
Roanoke County Jail has received certification of 100% compliance
from the Department of Corrections.
He requested that a letter
of congratulations be sent to the jail staff.
Supervisor Brittle also requested a work session on the
automated refuse collection for July 13, 1987 which would include
a study of privatization.
Supervisor Garrett appointed County Attorney Paul
Mahoney to the Sesquicentennial Committee's celebration of County
Government Day.
He also thanked Supervisor Nickens for his
contributions toward continuation of CORTRAN.
IN RE:
CONSENT AGENDA
Supervisor Nickens moved to approve the Consent Agenda.
The motion was seconded by Supervisor Brittle.
RESOLUTION NO. 62387-7 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
June 23, 1987
565
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1 . Tha t tha t ce r ta ins ection of the agenda of the
Board of Supervisors for June 23, 1987, designated as Item J -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 8, inclusive, as follows:
1. Minutes of Meeting - May 26, 1987.
2. Acceptance of water and sewer lines serving C. M.
Davis Apartments.
3. Acceptance of water and sewer facilities serving
Woodbridge Subdivision, Section 8.
4. Confirmation of appointments to the Fifth Planning
District Commission, the Planning Commission, the
Recreation Commission, and Virginia Western
Community College Board.
5. Request for acceptance into the Secondary System
for 0.25 miles of Hollyberry Road.
6. Request to amend the Minutes of 12/16/86 and Final
Order of JELCO Construction Co., Inc., to delete
proffers that do not apply to rezoned property.
7. Request for approval of a Raffle Permit for the
Catawba Little League.
8. Request for approval of a Fireworks Display Permit
for the town of Vinton.
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 Nickens, seconded by Supervisor
Brittle, and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens
NAYS: None
ABSENT: Supervisor Johnson
RESOLUTION 62387-7.d REQUESTING ACCEPTANCE OF
HOLLY BERRY ROAD INTO THE VIRGINIA DEPARTMENT
OF TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
566
June 23, 1987
1. That this matter came this date to be heard upon the
proceedings herein, and upon the application for Hollyberry Road
to be accepted and made a part of the Secondary System of State
Highways under Section 33.1-229 of the Virginia State Code.
2. That it appears to the Board that drainage easements
and a fifty (50) foot right-of-way for said road has heretofore
deed dedicated by virtue of a certain map known as Higginbotham
Farms Subdivision which map was recorded in Plat Book 9, Pages
103 and 314, of the records of the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, on December 8, 1977 and
January 31, 1985 and that by reason of the recordation of said
map no report from a Board of Viewers, nor consent or donation of
right-of-way from the abutting property owners is necessary. The
Board hereby guarantees said right-of-way for drainage.
3. That said road known as Hollyberry Road and which is
shown on a certain sketch accompanying this Resolution, be, and
the same are hereby established as public roads to become part of
the State Secondary System of Highways in Roanoke County, only
from and after notification of official acceptance of said
streets or highway by the Virginia Department of Transportation.
On motion of Supervisor Nickens, seconded by Supervisor
Brittle, and upon the following recorded vote:
~YES: Supervisors Brittle, Garrett, McGraw, Nickens
NAYS: None
~BSENT: Supervisor Johnson
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Mr. Walter Tunstall, 5313 Grandin Road Extension spoke
on sewage and drainage problems on his property and requested
assistance from Roanoke County. Supervisor Garrett asked John
Hubbard and Clifford Craig to investigate Mr. Tunstall's problem.
June 23, 1987
567
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IN RE:
REPORTS
The following reports were received and filed:
1. Accounts Paid for May 1987.
2. Board Contingency Fund
3. Unappropriated Balance of Budget
4. Revenue and Expense Analysis for the 11 months
ended May 31, 1987.
IN RE:
EXECUTIVE SESSION
At 4:15 p.m. Supervisor Garrett moved to go into
Executive Session pursuant to the Code of Virginia 2.1-344 (a)
(1) to discuss a personnel matter concerning the Sheriff's
Department and (6) to discuss a legal matter concerning
development of water systems. The motion was seconded by
Supervisor Nickens and carried by the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
OPEN SESSION
At 4:50 p.m. Supervisor Garrett moved to return to open
session. The motion was seconded by Supervisor Brittle and
carried by the following recorded vote:
AYES: Supervisor Brittle, Garrett, McGraw, Nickens
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
DINNER RECESS
At 4:55 p.m., Vice Chairman Garrett declared a dinner
recess.
IN RE:
CALL TO ORDER
~568
June 23, 1987
At 7:05 p.m., Vice Chairman called the meeting back to
order.
IN RE:
SECOND READING OF ORDINANCES
I. Ordinance authorizing the conveyance of a
Drainage Easement, Barrens Village:
County Attorney Paul
Mahoney advised that F & B Developers has requested the
conveyance of a 15-foot drainage easement across a well lot owned
by Roanoke County in Section 1, Deer Run Estates to complete
construction of Barrens Village.
The first reading of the
ordinance was held on June 9, 1987 and there was no public
comment.
Supervisor Nickens moved to approve the second reading
of the ordinance. The motion was seconded by Supervisor Brittle.
ORDINANCE 62387-8 AUTHORIZING THE
CONVEYANCE OF A DRAINAGE EASEMENT,
BARRENS VILLAGE
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of
the Charter of Roanoke County, a first reading concerning the
conveyance of a drainage easement for Barrens Village was held on
June 9, 1987. A second reading on this matter was held on
June 23, 1987.
2. That this drainage easement is necessary in order to
pipe storm water from Barrens Village to existing facilities in
Starmount Avenue.
3. That the County Administrator is authorized to exe-
cute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the conveyance of said pro-
perty, all of which shall be upon form approved by the County
Attorney.
June 23, 1987
t 569
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On motion of Supervisor Nickens, seconded by Superviso
Brittle, and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens
NAYS: None
ABSENT: Supervisor Johnson
2. Ordinance amendin
"Sewers and Sewa e
Dis osal" concernin the installation of Se tic Tanks
June 9, 1987 and there will be a public hearing this
a permit and prescribing fees for the issuance of same:
Mahoney reported the first reading of this ordinance was
because there is an imposition of a fee. He suggested that
public hearing be incorporated as part of this reading, and the
Board concurred.
Mr. Mahoney advised that this would establish a permit
fee of $50.00 as a prerequisite to septic tank installation. The
effective date is proposed as July 1, 1987.
No citizens were present to speak on this issue.
Supervisor McGraw asked if the permit is rejected, is
the fee still paid, and Mr. Mahoney responded affirmatively.
Supervisor Nickens moved to approve the second reading
of the ordinance. The motion was seconded by Supervisor McGraw.
ORDINANCE 62387-9 AMENDING CHAPTER 18,
"SEWERS AND SEWAGE DISPOSAL," AN
ORDINANCE CONCERNING THE INSTALLATION
OF SEPTIC TANKS, REQUIRING A PERMIT AND
PRESCRIBING FEES FOR THE ISSUANCE OF
SAME
WHEREAS, Section 15.1-520 of the Code of Virginia,
1950, as amended, authorizes any county to regulate the installa-
tion of septic tanks, to require that any person desiring to in-
stall a septic tank secure a permit to do so, and to prescribe
reasonable fees for the issuance of said permits; and
WHEREAS, defective or failed septic systems pose a sig-
nificant threat to public health, safety, and welfare, constitute
570
June 23, 1987
an environmental and ecological hazard, and threaten the County's
precious groundwater resources.
IT IS HEREBY ORDAINED by the Board of Roanoke County,
Virginia, that Chapter 18, "Sewers and Sewage Disposal," is here-
by amended as follows:
1) All buildings in the county in those areas where
septic tanks are permitted shall have septic tanks installed for
the disposing of sewage and other human waste.
2) Before any septic tank systems are constructed or
installed, it shall be the duty of the landowner upon whose land
the construction or installation is to take place, to secure a
permit from the Health Department. The Health Department shall
review this permit request based upon the requirements and regula-
tions promulgated pursuant to Title 32.1 of the Code of Virginia.
ny septic tank permit issued under this section shall be valid
for a period of fifty-four (54) months from the date of issuance
unless there has been a substantial, intervening change in the
soil or site conditions where the septic system is to be located.
The availability of a public sewer system shall constitute a sub-
stantial intervening change in the site conditions to void a per-
it.
3) There is hereby established a permit fee of fifty
dollars ($50.00) for each septic tank. This permit fee shall be
paid to the Treasurer before permit application is made to the
Health Department.
4) Any person, firm or corporation violating any provi-
sions of this ordinance shall be subject to a Class 3 misdemeanor
for each offense; and a separate offense shall be deemed commit-
ted on each day during or on which a violation occurs or contin-
ues. Further any violation or attempted violation of this ordin-
ance may be restrained, corrected or abated by injunction or
other appropriate proceeding.
571
June 23, 1987
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5) The effective date of this ordinance shall be
July 1, 1987.
On motion of Supervisor Nickens, seconded by Supervisor
McGraw, and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens
NAYS: None
ABSENT: Supervisor Johnson
IN RE: PUBLIC HEARINGS
687-2 PETITION OF RICHFIELD RETIREMENT
COMMUNITY FOR A SPECIAL EXCEPTION
PERMIT TO OPERATE A HOME FOR ADULTS ON
A 0.6 ACRE TRACT LOCATED ON THE NORTH
SIDE OF ROUTE 112 IN THE CATAWBA
MAGISTERIAL DISTRICT.
APPROVED
Mr. Mahoney advised the Board that the acreage of this
property is actually 28.19 acres, not 0.6 as listed on the
agenda.
Rob Stalzer, Director of Planning, Zoning and Grants
reported this was a request for a home for adults in a parcel
already developed in a similar fashion.
The petitioner is
requesting construction of 11 units which would consist of 22
living units.
Michael Smeltzer, attorney for the petitioners,
described Richfield Retirement Community as a full service adult
community. Present with Mr. Smeltzer were Dr. H. E. Bolling,
President and Administrator of Richfield and Robert E. Moore,
Vice prsident to answer questions.
The special exception permit would allow Richfield to
operate a continuation of one level of service to the elderly.
This would provide shelter and services which may include meals,
housekeeping and personal care. They would be duplexes on a 7.7
acre tract. The land is presently zoned B-2, and a special
t 572
June 23, 1987
exception permit is necessary. The petitioners will proffer the
petition for drainage, detention and road circulation.
Supervisor Nickens moved that the Special Exception
Permit be granted. The motion was seconded by SUpervisor McGraw
and carried by the following recorded vote:
AYES:
Supervisors Brittle, Garrett, McGraw, Nickens
NAYS:
None
ABSENT:
Supervisor Johnson
PROFFER OF CONDITIONS
I. The Petitioner agrees to maintain an on-site
surface water detention facility in accordance with the
applicable ordinances of Roanoke County.
2. The Petitioner operates a full service retirement
community on its approximately 45.8 acres in Roanoke County.
Within this community are the following level of services:
(a) The nursing center which provides skilled and
intermediate care designed to meet all medical needs except
surgery;
(b) A convalescent center providing residents of
this facility with sheltered care; and
(c) Housing units which provide retirement housing
for the elderly and medical services.
687-3
PETITION OF T. D. STEELE TO REZONE
APPROXIMATELY 8.77 ACRE FROM RE,
RESIDENTIAL ESTATES, TO B-2 BUSINESS
LOCATED ON THE NORTH SIDE OF BUCK
MOUNTAIN ROAD IMMEDIATELY WEST OF THE
BLUE RIDGE PARKWAY IN CAVE SPRING
MAGISTERIAL DISTRICT.
APPROVED WITH PROFFERED CONDITIONS
Maryellen Goodlatte, attorney for the petitioners was
present to request the rezoning. The purpose of the request is
to construct and operate a nursing home and physical therapy
center. The nursing home is in competition with others in the
t" 5~S
June 23, 1987
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Fifth Planning District, and a Certificate of Need is necessary.
The project has received support from area doctors, hospitals,
individuals and businesses. There is a need for this type of
facility in the southwestern part of the County. Ms. Goodlatte
described the plans for the proposed facility.
Supervisor Brittle inquired if the petitioners at any
time anticipate a new car dealership, or a service facility or
used car lot for the property. Ms. Goodlatte responded that the
do not plan to utilize the property that way.
Supervisor McGraw asked Mr. Stalzer to outline what
uses would be complementary to the property. Mr. Stalzer
answered that any type of services designed for use by the
residents of either the nursing facility or the physical therapy
center, such as medical facilities or restaurant use for those on
site. Supervisor McGraw also asked Ms. Goodlatte whether or not
the developer will use Turkey Hollow Road for access to the
property. Ms. Goodlatte responded the intent of the proffer
was that they would not use that road and they are willing to
tighten up that proffer. Mr. Mahoney stated that the proffer
reflects the intent and it is not necessary to amend it.
Supervisor Nickens asked what will happen if the
Certificate of Need is not issued. Ms. Goodlatte stated that
the physical therapy center will still be developed. This does
not require a Certificate of Need. Mr. Steele also stated that
will probably build adult housing. They have not yet established
a time frame for development of the property.
Supervisor Brittle pointed out that if the Certificate of Need is
not issued, the petitioner will have to come back to the Board
for approval of their other plans.
Attorney Mike Pace spoke represented landowners living
on Turkey Hollow Road and Crossbow Circle who are concerned about
the possibility of Turkey Hollow Road being opened up as a public
thruway to Buck Mountain Road and the increased traffic load on
574
June 23, 1987
Hunting Hills Drive. They are also concerned about the fact that
this is a phasing development that will take place on both this
property and property owned by Lynn Brae Farms. The Planning
Commission recommended that all parties involved meet to try and
reach agreement. This has been unsuccessful. Mr. Pace presented
a petition from area property owners opposing Turkey Hollow Road
becoming a public thruway as a result of the rezoning.
Supervisor Brittle asked if Turkey Hollow Road was a
public Road. Ms. Goodlatte responded that the road is owned by
Old Heritage Corporation and not a public road. Mr. Mahoney
stated that his concern was what role the Board would have to
restrict the use of a private road. The applicant's proffer
would provide authority for the County staff, during the review
process, to restrict utilization of that road. Mr. Mahoney
outlined the ways in which Turkey Hollow Road could become a
public road, even if it is not part of the Secondary System.
Supervisor Nickens asked why the parties could not
agree at the meeting. Ms. Goodlatte responded that neither T. D.
Steele or Lynn Brae Farms owns the road in question and have only
an easement. The road is owned by Old Heritage Corporation and
all the petitioner can do is proffer the use of the road. Mr.
Steele again pointed out that he did not own the road and could
not anticipate any road improvements in the future.
Other citizens speaking on this issue were:
1. Thomas R. Henretta, 5024 Crossbow Circle, Roanoke
Va. 24014, who was concerned with possible traffic problems and
lowered property values.
2. Gordon Willis, President of Old Heritage
Corporation, stated that an agreement was signed 17 years ago
allowing Mr. Steele to use the Starkey Drag Strip and use of
Turkey Hollow Road if it were open and dedicated to the public.
Old Heritage had the right to put up a gate. They can not sign
an agreement with the residents now because this agreement would
575
June 23, 1987
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go on forever. They requested a petition to put it in public
hands. Old Heritage is not willing to sign anything that says
they could not get to their own land.
Supervisor Brittle asked John Peters, Assistant
Director of Engineering if a traffic count for Hunting Hills
Drive and Crossbow Circle was available? Mr. Peters responded
the traffic count is between 3500 and 4000 cars a day. The road
was brought into the system under the rural addition program and
was not intended for that amount of traffic.
Supervisor Brittle moved to approve the petition with
proffered conditions. The motion was seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES:
Supervisors Brittle, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
Supervisor Brittle asked that a letter of support for
the Certificate of Need be sent to the appropriate people.
FINAL ORDER
NOW, THEREFORE BE IT ORDAINED that the following
parcels of land be rezoned from R-E District to B-2 District:
Roanoke County tax Map No.
Deed BookjPaqe
Portion of 87.20-1-10
97.08-1-1
97.08-1-2
97.08-1-3
1262-1080
1223-1958
1223-1958
1223-1958
The legal descriptions for said properties are as follows:
Beginning at a point on the north side of
Buck Mountain Road, Virginia secondary Route
679, which point is the southwest corner of a
29.52 acre tract conveyed to Lynn Brae Farms,
Inc. by deed recorded in the Roanoke County
Circuit Court Clerk's Office in Deed Book
906, page 629, thence leaving said road N 240
- 34'E 758'+ to a point thence with a new
line through the property of Lynn Brae
Farms, Inc. S 650 26'E 676.0 + to a corner #3
on the line of the Blue Ridge Parkway
right-of-way thence with same the following
576
June 23, 1987
courses and distances S270 -56'E -30E
170.59', S610 -37' 10' W49.65,
S730-08'-30'W 119.69', S830-36'-30"W 295.0,
N860-14'-30"W 99.84', thence leaving the Blue
Ridge Parkway property and with north lines
of Lots 23 and 22 as shown on the map of
Thomas H.Beasley property N720-20'30"W 200.0
to common corner between Lots 21 and 22 of
the said "Beasley" property; thence with the
line between lots 21 and 22 S170-31'30"
301.20' to a point on the north right-of-way
line of Buck Mountain Road, Virginia
secondary Route 679, thence with same the
following two courses and distances
N730-15'-30"Wa chord distance of 27.32'-arc
distance 27.32' a radius of 542.96' thence
N710-49'W 148.91' to the place of BEGINNING
and containing 7.47 acres more or less and
being a part of the same property conveyed to
Lynn Brae Farms, Inc. by Old Heritage Corp.
by deed of record in the Clerk's Office of
the Circuit Court of Roanoke County, Va. in
Deed Book 908, page 629.
Lots 22 and 23 and that portion of Lot 24
between Blue Ridge Parkway and Lot 23 on the
north side of Secondary Route 679, as shown
on deed recorded in the Clerk's Office of the
Circuit Court of Roanoke County in State
Highway Plat Book 8, page 65; and being the
same property conveyed to Belva E. Hall by
Eugene C. Hall and Belva E. Hall, husband and
wife, by deed dated July 29, 1985 of record
in the Roanoke County Circuit Court Clerk's
Office in Deed Book 1223, page 1958.
-
BE IT FURTHER ORDAINED 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 maps
of Roanoke County.
PROFFERED CONDITIONS
I. The uses on the property will be as follows:
(a) Nursing home and;
(b) Physical therapy center or related clinic/hospital
special care; and
(c) Commercial uses complementary to the principal
µses, which commercial uses are more fully described in Section
21-23-2 (A) (2) of the Roanoke County Code.
2. The height of the structures on the property will not
~xceed 35 feet.
577
June 23, 1987
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3. Surface water detention facilities will be established
on site which will handle a ten-year storm with a two-year
predevelopment release.
4. The developer does not intend to use Turkey Hollow Road
to provide access to the above-reference property.
687-4
PETITION OF SCOTT AND SNYDER SERVICE
BUREAU TO REZONE A 0.574 ACRE TRACT FROM
A-I, AGRICULTURAL AND M-I INDUSTRIAL TO
B-2 BUSINESS LOCATED ON THE NORTH SIDE OF
PETERS CREEK ROAD IN THE HOLLINS
MAGISTERIAL DISTRICT.
APPROVED WITH PROFFERED CONDITIONS
Mr. Stalzer advised that this rezoning is for the
construction and operation of a retail store for computer data
processing sales and service. There was no one in opposition at
the Planning Commission hearing.
The most important impact
factor was circulation on Peters Creek Road. There are no
lefthand turns on this piece of property. This condition will
apply to any development on this property. There are proffered
conditions. The concept plan proffer is significant because the
land use plan calls for transition land use which emphasizes
placement of the building close to the roadway, screening and
buffering from adjacent uses, and parking to the rear and side.
The concept plans shows those policies have been adhered to. The
Planning Commission voted unanimously to approve with proffered
conditions.
Ray Snyder, President of Scott and Snyder, was present
to speak for the petition. They intend to adhere to the concept
plan.
Dr. Nickens requested that the petitioner check with
the neighbors before he installs a six-foot fence.
Supervisor Nickens moved to approve the petition with
proffered conditions. The motion was seconded by Supervisor
Brittle and carried by the following recorded vote:
AYES:
Supervisors Brittle, McGraw, Nickens, Garrett
578
June 23, 1987
NAYS:
None
ABSENT:
Supervisor Johnson
FINAL ORDER
NOW THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
as Parcel 37.08-1-2 and recorded in Deed Book 1249, page 1066 and
legally described below be rezoned from Al Agricultural and M-l
Industrial to B-2 Business District:
BEGINNING at a point on the north side of
new State Highway #117, 110.60 feet east
of a concrete highway monument; thence N.
330 56' 30"W 247.32 feet to an iron pin;
thence N. 550 30' lonE 100.01 feet to an
iron pin, thence S. 330 56' 30"E. 248.29
feet to an iron pin; thence S. 560 03'
30"W. 100 feet to the place of BEGINNING,
and as shown by a plat made by David Dick
and Harry A. Wall, S.C.E.'s dated March
11, 1966; and
BEING the same property conveyed to
Douglas M. Gimbert, Debbra G. Bennett,
Bejamin I. Gimbert, Jr. and Mark A.
Gimbert by deed dated July 15, 1986, from
Gimbert Associates, Inc., a Virginia
Corporation and recorded in the Clerk's
Office of the Circuit Court of Roanoke
County, Virginia, is Deed Book 1249, page
1066.
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.
PROFFER OF CONDITIONS
I. Any use permitted in Office and Residential B-1 except
residential.
2. Commercial uses serving the needs of a community, such
as banks, retail drug stores, food sales, wearing apparel shops,
home appaliance sales and service, barber and beauty shops,
offices, hotels, motels, theaters, assembly halls, coin-operated
laundries and small dry cleaning and laundry establishments, new
579
June 23, 1987
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car dealerships which may include service facilities and used car
lots, restaurants of a type which do not offer food or beverages
for consumption outside the building; provided that they are
located within the continuous shopping building complexes or as
part of the operation of a motel and personal and professional
services. Only merchandise intended to be sold at retail on the
premises shall be stocked.
2. Development will occur in substantial accord with the
concept plan.
687-5
PETITION OF T&B REALTY FOR SOUTHEASTERN
OPTICAL, INC. TO REZONE A 0.73 ACRE TRACT
FROM B-I, BUSINESS TO M-I, INDUSTRIAL
LOCATED AT 4607 OLD CAVE SPRING ROAD IN
THE WINDSOR HILLS MAGISTERIAL DISTRICT
APPROVED WITH PROFFERED CONDITIONS
Assistant County Administrator Tim Gubala reported that
several citizens were present at the Planning Commission hearing
who were opposed to the petition because of traffic, property
values and erosion on the bank behind the property. The property
was originally occupied by the petitioner in the early 1980's.
They have outgrown the building and wish to expand. The Planning
Commission had concerns regarding screening, buffering and
parking. The Planning Commission voted 4 to 1 to approve the
petition with proffered conditions.
Supervisor McGraw asked about what the rezoning would
do to future erosion of the bank.
Mr. Gubala responded that a
retaining wall would probably have to be built.
Attorney Will Lindsey represented the petitioners. The
business is used exclusively for the manufacture of optical
products. There are 35 people employed at the business and it is
very light manufacturing use. The erosion problem belongs to the
property next door to the petitioner. There is no erosion on the
petitioner's property. They will not be parking in the front,
but will establish parking behind the building.
~580
June 23, 1987
Mr. J. W. Earls, Jr., 4701 Brambleton Avenue, spoke
concerning the petition. His property is behind the property.
He was concerned about the grading being done and this effect
this will have on his property. He submitted photographs which
were taken looking up at his property.
Supervisor Garrett asked the staff to monitor the
situation of the grading being done behind the property.
Supervisor Garrett moved to approve the petition with
proffered conditions. The motion was seconded by Supervisor
Brittle and carried by the following recorded vote:
AYES:
Supervisors Brittle, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County tax Maps
as Parcel 76.20-3-1 and recorded in Deed Book 1214, page 1455 and
legally described below, be rezoned from B-1 District to M-l
District.
BEGINNING at a point on the westerly side
of Old Cave Spring Road formerly Route
221, S. 73 deg. 15'W. 7.82 ft. from an
old iron pin corner to the property of
David M. Garst; thence N. 73 deg. 15' W.
173.37 feet passing the old iron pin at
7.82 ft. to a old pipe in concrete;
thence N. 9 deg. 07' 21" W 139.03 feet to
an old iron pin; thence S. 89 deg. 56' E.
218.78 feet to an old pipe thence S. 6
deg. 30' W. 136.70 feet; thence S. 16
deg. 36'W. 53.39 feet to the place of
BEGINNING, containing 0.733 acre,
according to plat of survey by Jack G.
Bess, C.L.S., dated July 2, 1984.
BE IF FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that
I
581
June 23, 1987
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he be directed to reflect that change on the official zoning map
of Roanoke County.
PROFFER OF CONDITIONS
1. The property will be used only for the manufacture of
optical products and related support operations.
2. No substantial changes will be made in the existing
signage on the property.
3. The conceptual plan submitted with this application is
proffered insofar as it shows the entrance drive and parking
area, and insofar as it exhibits screening and buffering along
the north and east sides of this property.
687-6
PETITION OF R. WILLIAM REID BUILDERS TO
REZONE A 0.25 ACRE TRACT FROM B-I
BUSINESS TO B-2 BUSINESS WITH CONDITIONS
LOCATED AT 4530 OLD CAVE SPRING ROAD IN
THE WINDSOR HILLS MAGISTERIAL DISTRICT
APPROVED WITH PROFFERED CONDITIONS
Mr. Gubala presented the staff report. This purpose of
the rezoning is to operate an office and a school of the arts.
The Planning Commission recommended approval with proffered
condition and one citizen was present at that hearing to insure
that would be no overflow parking on her property.
Mr. Reid was present to answer any questions. No one
spoke in opposition to the petition.
Supervisor Garrett moved to approve the petition with
proffered conditions. The motion was seconded by Supervisor
Brittle and carried by the following recorded vote:
AYES:
Supervisors Brittle, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
FINAL ORDER
· f>ß~
June 23, 1987
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 1241 Page 01477 and legally
described below be rezoned from B-1 Business to B-2 Business with
conditions.
Beginning at an iron pin of the east
of Old Cave Spring Road (50' right of
way) at the southwest corner of 1.245
acre tract conveyed to James Buck
Plumbing and Heating and R. William Reid,
Builder, Inc. by Wanda Jewel Grisse
Condon;thence north 0.30 48' 10" east
164.64 along the east side of Old Cave
Spring Road to an iron pin; thence north
740 12' 00" east 39.80 leaving Old Cave
Spring Road to a found iron pipe; thence
north 860 02' 35" east 70.00' to a point;
thence south 160 24' 50" east 104.5' (a
proposed new division line) thru the
1.245 acre tract to a point in the
northern line of a 0.076 acre tract
conveyed to James Buck Plumbing and
Heating and R. William Reid, Builder,
Inc. by William M. Rosolowsky; thence
north 840 18' 40" east 20' with the
northern line of the 0.076 acre tract to
a found iron pipe; thence north 080 31'
10" west with the eastern line of the
0.076 acre tract to a point 56.12';
thence south 810 05'10" west 166.45 along
the southern boundary of the 0.076 acre
tract and the 1.245 acre tract crossing a
creek to the BEGINNING and being all of
the 0.076 acre tract and 0.197 acre of
the 1.245 acre tract.
PROFFER OF CONDITIONS
1. Uses of the land will be restricted to Section 21-23-2
Paragraph A, subsections 1-4 of the Roanoke County Zoning
Ordinance.
2.
No billboards will be erected on property.
687-7
PETITION OF LARRY D. FISHER TO REZONE A
0.93 ACRE TRACT FROM B-I BUSINESS TO B-3
BUSINESS LOCATED AT THE NORTHWEST
INTERSECTION OF ROUTE 460 AND SHAWNEE
DRIVE IN THE CATAWBA MAGISTERIAL DISTRICT
APPROVED WITH PROFFERED CONDITIONS
AND SPECIAL EXCEPTION PERMIT
, 583
June 23, 1987
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Mr. Gubala presented the staff report and noted that
the Board will also need to issue a Special Exception Permit if
the rezoning is approved. The Petitioner plans to operate a used
automobile dealership on the property.
The Planning Commission
recommended approval with proffered conditions by a vote of 4 to
1. Mr. Fisher was present to answer any questions.
Supervisor Nickens asked if there would be any major
automobile repairs done on the property. Mr. Fisher responded
that he did not yet know the extent of repairs.
No one was present to speak in opposition.
Supervisor McGraw moved to approve the petition with
proffered conditions and to grant the Special Exception Permit.
The motion was seconded by Supervisor Nickens and carried by the
following recorded vote:
AYES:
Supervisors Brittle, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcel 55.02-2-14 and recorded in Deed Book 1201 page 264 and
legally described below be rezoned from B-1 Business District to
B-3 Business District.
Tract containing 0.93 acres according to
the Plat of the Fort Lewis Industrial
Park made by T. P. Parker & Son dated
July 1, 1981, and recorded in Plat Book
9, Page 202 in the Clerk's Office of the
Circuit Court of Roanoke County, Va.;
and
BEING a portion of the same property
conveyed to Salem Ready Mix Concrete,
Inc. by deed dated December 29, 1983,
from Joseph C. Thomas and Susan L.
Thomas, his wife and Lewis P. Thomas and
Minnie B. Thomas, his wife, of record in
· 584
June 23, 1987
the Office of the Clerk aforesaid in Deed
Book 1201, page 264.
PROFFER OF CONDITIONS
1. Use of property will be limited to the sale of used
automobiles.
2. No outside storage of inoperable vehicles or junk
vehicles.
3. Development will be in general accord with submitted
concept plan 5/11/87, including the landscaping.
4. An additional point of access from Shawnee Drive will
be constructed.
5. No billboards will be constructed on the property.
6. Only signage will be single letters on building
frontage.
687-8
PETITION OF JERRY W. BUSH AND JANAT L.
BUSH TO VACATE PLAT OF RAMSGATE COURT
SUBDIVISION.
WITHDRAWN BY PETITIONER
687-9
PUBLIC HEARING ON ESTABLISHMENT OF
CONSTRUCTION FUND PRIORITY FOR THE
SECONDARY SYSTEM OF THE STATE HIGHWAYS
FOR FISCAL YEAR 1987/88.
Assistant Director of Engineering John Peters
announced that this public hearing is a requirement of the
Virginia Department of Transportation policy, and allows for
citizen comment on the proposed funding priorities.
Following
the hearing, the Board must officially adopt a resolution
approving the funding priority.
The Board gave preliminary
approval to the Priority List on May 26, 1987.
Supervisor McGraw moved to approve the prepared
resolution establishing the construction priorities for fiscal
year 1987/88. The motion was seconded by Supervisor Garrett.
RESOLUTION NO.62387-11 APPROVING CONSTRUCTION
PRIORITIES FOR THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM FOR ROANOKE
COUNTY FOR FISCAL YEAR 1987-88
~··5 85
June 23, 1987
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BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The Board does hereby establish for fiscal year 1987-88
those certain construction fund priorities for the Virginia
Department of Transportation Secondary System of Highways in
Roanoke County as set out on that certain list of priorities with
recommended amendments as presented to the Board at its meeting
on June 23, 1987; and
2. That a copy of this resolution duly attested be
forthwith forwarded to the Virginia Department of Transportation
Salem Residency office along with a duly attested copy of said
priority list with amendments by the Clerk to the Board.
On motion of Supervisor McGraw, seconded by Supervisor
Garrett, and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens
NAYS: None
ABSENT: Supervisor Johnson
687-10 PUBLIC HEARING ON ORDINANCE AMENDING
CHAPTER 18, "SEWERS AND SEWAGE DISPOSAL",
CONCERNING THE INSTALLING OF SEPTIC TANKS
AND REQUIRING A PERMIT AND PRESCRIBING
FEES FOR THE ISSUANCE OF PERMITS
This issue was heard under Second Reading Of Ordinances
concerning the same subject.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Mr. Cleve Curbow, 3637 Kentland Drive requested an
update on the drainage problems in his neighborhood.
John Peters responded that the staff had met with Fred
Altizer of the Virginia Department of Transportation and they are
continuing to try and resolve the problem.
IN RE:
ADJOURNMENT
'.
5ß6
June 23, 1987
At 9:35 p.m., Vice Chairman Garrett adjourned the
meeting.
Lee Garrett, Vice Chairman
Roanoke County Board of Supervisors