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HomeMy WebLinkAbout7/17/1978 - Special -- 414 7-17-78 Salem-Roanoke County Civic Center Salem, Virginia July 17, 1978 7:00 p.m. A joint public hearing of the Board of County Supervisors of Roanoke County and the Planning Commission of Roanoke County was duly advertised and held this date at the Salem-Roanoke County Civic Center in Salem, Virginia, with the Chairman of the Board of County Supervisors, R. Wayne Compton, presiding. The I purpose of the joint public hearing being to amend Chapter 21 of the Roanoke County Code to include provisions for conditional zoning. Members present from the Board of County Supervisors: Chairman R. Wayne Compton, Vice Chairman Robert E. Myers, and Supervisors May W. Johnson, Edward C. Park, Jr., and Lawrence E. Terry. Members present from the Planning Commission: Chairman M. E. Maxey and Mrs. Sidney Smith and Thomas M. Hufford. County staff present: County Executive William F. Clark, County Attorney C. Dean Foster, Jr., Executive Director of the Public Service Authority W. L. Rossie, Jr., and County Planner Robert W. Hooper. I Chairman Compton called the meeting to order at 7:06 p.m. IN RE: CONDITIONAL ZONING Mr. Hooper briefly explained the proposed County ordinance providing for conditional zoning and offered some examples of applications of conditional zoning; there followed discussion among Supervisors, Planning Commission members, and staff. John Parker, County citizen and local developer, raised questions concern- ing this type of zoning. County Attorney Foster emphasized that conditions can be imposed only if offered by applicant in writing, prior to Board of Supervisors' hearing. Chairman Compton opened the floor for public comments on the proposed I ordinance and received none. At 7:45 p.m., Commission Chairman Maxey advised that the Planning Commission recommended adoption of the ordinance as prepared. This concluded the public hearing, and the following ordinance was moved and adopted to become effective immediately: 7-17-78 415t Salem-Roanoke County Civic Center Salem, Virginia July 17, 1978 7:00 P.M. I A joint publ ic hearing of the Board of County Supervisors of Roanoke County and the Planning Commission of Roanoke County was duly advertised and hel this date at the Salem-Roanoke County Civic Center in Salem, Virginia, with the Chairman of the Board of County Supervisors, R. Wayne Compton, presiding. The purpose of the joing public hearing being to amend Chapter 21 of the Roanoke County Code to include provisions for conventional zoning. Members present from the Board of County Supervisors: Chairman R. WaynE Compton, Vice Chairman Robert E. Myers, and Supervisors May W. Johnson, Edward C. Park, Jr., and Lawrence E. Terry. Members present from the Planning Commission: Chairman M. E. Maxey and Mrs. Sidney Smith and Thomas M. Hufford. County staff present: County Executive William F. Clark, County Attorneil C. Dean Foster, Jr., Executive Director of the Public Service Authority W. l. Rossie, Jr., and County Planner Robert W. Hooper. I Chairman Compton called the meeting to order at 7:06 p.m. IN RE: CONDITIONAL ZONING I Mr. Hooper briefly explained the proposed County ordinance providing for conditional zoning and offered some examples of applications of conditional zoni 19; there followed discussion among Supervisors, Planning Commission members, and staff. John Parker, County citizen and local developer, raised questions concer - ing this type of zoning. County Attorney Foster emphasized that conditions can be imposed only if offered by appl icant in writing, prior ~ Board of Supervisol I hearing. Chairman Compton opened the floor for publ ic comments on the proposed ordinance and received none. At 7:45 p.m., Commission Chairman Maxey advised that the Planning Commission recommended adoption of the ordinance as prepared. This concluded the public hearing, and the following ordinance was movec and adopted to become effective immediately. IN RE: ORDINANCE NO. 2095 AMENDING SECTION 21-11 (ZONING) OF THE ROANOKE COUNTY CODE TO INCLUDE PROVISIONS FOR CONDITIONAL ZONING AS FOllOWS: WHEREAS, the Board of County Supervisors of Roanoke County deems certair amendments to the Roanoke County Code to be necessary in ~e best interests of t~p health, safety, and general welfare of the citizens of Roanoke County; and WHEREAS, a notice of the intention to amend the Roanoke County Code as proposed, and a joint public hearing thereon with the Roanoke County Planning Commission have been advertised and posted in accordance with law; and 7-17-78 416 WHEREAS, the Board of County Supervisors is in receipt of a recommenda- tion made by the Roanoke County Planning Commission at said hearing that the amendment as set forth below be adopted. NOW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of Roanoke County that Section 21-11 (Zoning) of the Roanoke County Code be amended by the addition of the following: Section 21-11. Amendments to Chapter. (d) In situations where more flexible and adaptable zoning methods are needed, amendments to this chapter may be allowed subject to certain onditions that are not generally appl icable to land similarly zoned. Proposed amendments to this chapter may include the voluntary proffering in writing, signed by the property owner of reco~d (and the petitioner if dif- ferent from the property owner of record), of reasonable conditions in addition to the regulations provided for in the desired zoning district. Any such prof- fered conditions must be made prior to the public hearing held by the governing body and must adhere to the following: I (1) (2) (3) Such (4) Such personal property public faci lities Code. The rezoning itself must give rise for the nEed for the conditions. Such conditions shall have a reasonable relation to the rezoning. :;clj'ditions shall not include a cash contribution to the County conditions shall not include mandatory dedication of real or for open space, parks, schools, fire departments, or other not otherwise provided for in Chapter 17 of the Roanoke County (5) Such conditions shall not include payment for or construction of off-site improvements except those provided for in Chapter 17 of the Roanoke County Code. (6) No condition shall be proffered that is not related to the physical development or physical operation of the property. (7) All such conditions shall be in conformity with the County Compre- hensive Plan. The zoning administrator shall be vested with all necessary authority or behalf of the governing body to administer and enforce conditions attached to ar amendment to this chapter, including: (1) The ordering in writing of the remedy of any noncompliance with such conditions. (2) The bringing of legal action to insure compliance with such condi- tions, including injunction, abatement, or other appropriate action or proceedir (3) Requiring a guarantee, satisfactory to the governing body, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so condi- tioned, which guarantee shall be reduced or released by the governing body, or agent whereof, upon the submission of satisfactory evidence that construction 0 such improvements and the contractor's guarantee, in like amount and so condi- tioned, which guarantee may be reduced or released by the governing body, or agent thereof, upon the submission of satisfactory evidence that construction 0 such improvements has been completed in whole or in part. Provided, further, that failure to meet all conditions shall constitute cause to deny the issuance of any of the requ i red use, occupancy, or bu i 1 ding permi ts, @s may be appropr i atE The zoning map shall show by an appropriate symbol on the map the exis- tence of conditions attaching to the zoning on the map. The zoning administra- tor shall keep in his office and make available for public inspection a Condi- tional Zoning Index. The Index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district or zone. Any zoning applicant who is aggrieved by the decision of the zoning administrator pursuant to the provisions of this subsection may petition the governing body for the review of the decision of the zoning administrator. I I I I I 7-17-78 41.7..' . - There shall be no amendment or variation of conditions created pursuant to the provisions of this subsection until after a public hearing before the governing body advertised pursuant to the provisions of this chapter. This amendment to take effect on July 17, 1978. On motion of Supervisor Johnson and adopted by the following recorded vote: AYES: NAYS: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton None IN RE: APPOINTMENT - PUBLIC SERVICE AUTHORITY BOARD Supervisor Johnson moved that Mr. Nei 1 Birkhoff from the Cave Spring District be appointed to the Roanoke County Public Service Authority Board for c term of four years beginning July 1, 1978, and ending July 1, 1982, which motior was adopted by the following recorded vote: AYES: NAYS: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, and Mr. Compton None IN RE: RESOLUTION NO. 2096 ACCETING A BID FOR THE CONSTRUCTION OF A WATER STORAGE TANK WHEREAS, Roanoke County has heretofore established a policy of developirg a County-wide water system; and WHEREAS, the Board of County Supervisors of Roanoke County has hereto- fore, by Resolution No. 2057, approved the acquisition of a water storage tank site as part of the implementation of the County-wide water system; and WHEREAS, on Tuesday, June 27, 1978, bids were received and opened at thE Roanoke County Public Service Authority for the construction of a water storage tank for Loch Haven in the North Lakes area of Roanoke County; and WHEREAS, by letter ballot dated July 7, 1978, the Authority Board members voted, after a review of the submitted bid proposals, to approve to recommend to the Board of County Supervisors that the construction of the Loch Haven Water Storage Tank be awarded to Southwest Construction, Inc. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the bid for said construction of Loch Haven Water Storage Tank of Southwest Construction, Inc., in the amount of $93,107.00 be accepted; and the County Executive is hereby authorized and directed to notify said bidde of the acceptance of their said bid and is authorized to execute the necessary contracts for this purpose in a form to be approved by the County Attorney. On motion of Supervisor Myers and adopted by the following recorded vote: AYES: NAYS: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton None IN RE: EXECUTIVE SESSION On motion of Supervisor Johnson and the following recorded vote, the Board went into Executive Session at 7:48 p.m. to discuss a legal matter. AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton NAYS: None 7-17-78 41~ 8 , I At 9:27 p.m. the Supervisors returned to the meeting room and on the mot ion of Supervisor Johnson and a unanimous voice vote, the Board reconvened in I open session and adjourned immediately thereafter. -- I CHAIRMAN I I