5/22/2007 - Regular
May 22,2007
447
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
May 22, 2007
The 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 May, 2007.
IN RE:
CALL TO ORDER
Chairman McNamara called the meeting to order at 3:00 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Joseph P. McNamara, Vice-Chairman Richard C.
Flora, Supervisors Michael W. Altizer, Joseph B. "Butch"
Church, Michael A. Wray
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; John M. Chambliss, Assistant County
Administrator; Dan O'Donnell, Assistant County
Administrator; Brenda J. Holton, Deputy Clerk to the Board;
Teresa Hamilton Hall, Public Information Officer
INRE:
OPENING CEREMONIES
The invocation was given by Pastor Greg Huffman, Shenandoah Baptist
Church. The Pledge of Allegiance was recited by all present.
INRE:
RECOGNITIONS
Chairman McNamara recognized Matt Shields and Ms. Kelly Hayes,
Radford University students who were attending the meeting.
448
May 22, 2007
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge requested the addition of a closed meeting pursuant to the
Code of Virginia Section 2.2-3711 A (5) discussion concerning a prospective business
IN RE:
or industry where no previous announcement has been made.
Supervisor McNamara requested the addition of a closed meeting
pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion or consideration of
the performance of specific public officers, namely performance evaluations of the
County Administrator and County Attorney.
There was a consensus of the Board to add the closed meetings.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Proclamation declarina the week of May 20 throuah 26. 2007. as
Emeraency Medical Services Week in the County of Roanoke
Chairman McNamara presented the proclamation to Rick Burch, Fire and
Rescue Chief, and the following members of the Fire and Rescue Department: Dustin
Campbell, EMS Battalion Chief; Volunteer Rescue Chief Lee Cabaniss; Lt. David
Sizemore; Lt. Lynn Hudson; Firefighter Jared Butts; Firefighter Bobby Spangler;
Firefighter David Jones; Firefighter David Fowler; and Jennifer Sexton, Volunteer
Recruiter/Marketing Administrator. Spot, the Fire and Rescue dog, was also present.
May 22, 2007
449
IN RE:
NEW BUSINESS
1. Confirmation of the approved list of revenue sharing proiects for
fiscal year 2006-2007 and fiscal year 2007-2008 and designation of
J500,000 for road improvements on Merriman Road. (Arnold
Covey, Director of Community Development)
A-052207 -1
Mr. Covey advised that on January 24, 2006, the Board approved the
priority list for the fiscal year 2006-2007 Revenue Sharing Program and authorized the
County Administrator to sign the letter of intent to participate in the fiscal year 2006-
2007 Revenue Sharing Program. On December 4, 2006, the County submitted to the
Virginia Department of Transportation (VDOT) its official letter of intent to participate in
the Revenue Sharing Program for fiscal year 2006-2007. Mr. Covey reported that the
letter stated that Roanoke County would provide $1,001,000 for this program to be
matched on a dollar-for-dollar basis up to $1 million by the State. He advised that the
$1,001,000 qualifies the County to receive Tier I funding and maximizes the matching
funds from the State.
Mr. Covey advised that as a result of the transportation actions by the
Governor and the 2007 General Assembly, additional funding has been made available
for the Revenue Sharing Program so that for fiscal year 2008 and each year thereafter,
the Commonwealth Transportation Board (CTB) will be able to fully fund the program at
$50 million state-wide. He advised that in order to achieve that funding level, the CTB
450
May 22, 2007
combined the State funding appropriated to the program in fiscal year 2006-2007 with
that provided for fiscal year 2007-2008 which caused the County to lose one year of
revenue sharing matching funds from the State.
Mr. Covey advised that the current application submitted to VDOT by the
County on December 4, 2006 will still be honored. Mr. Covey reported that it was the
consensus of the Board at the May 8, 2007 work session to leave the revenue sharing
plan as previously adopted and use the $1 million budgeted in the fiscal year 2006-2007
revenue sharing budget for the County match. In addition, the Board concurred to use
the $500,000 appropriated for the Revenue Sharing Program in the fiscal year 2007-
2008 budget for road improvements on Merriman Road at the new South County
Library.
Mr. Covey advised that staff recommends that the Board approve the
following actions: (1) Confirm the fiscal year 2006-2007 revenue sharing project list,
totaling $2,001,000, which has previously been submitted to VDOT. (2) Confirm the use
of the $500,000 included in the fiscal year 2007-2008 revenue sharing budget for the
road improvements on Merriman Road at the new South County Library
Supervisor Altizer inquired if the State has informed the County whether
they received the total match submitted in Tier 1. Mr. Covey advised that the State
extended the period for counties to submit allocations through May 25 and will accept
resolutions through the middle of June; therefore, he advised that the County would
probably not be notified about the amount of funding it will receive until August 2007.
May 22, 2007
451
Supervisor Altizer inquired about the time line to start the projects due to the delay in
funding. Mr. Covey advised that normally the projects for the Revenue Sharing
Program are completed in the second fiscal year; therefore, the projects for fiscal year
2006-2007 should have been completed in 2007 but will now be completed sometime
during 2008. Supervisor Altizer expressed appreciation to Mr. Covey for his due
diligence in keeping the Board informed of communications with the CTB.
Supervisor Wray advised that VDOT has scheduled a meeting next week
regarding primary allocations and inquired if staff planned to attend. Mr. Covey advised
that this meeting will be a review of the priority list of primary and interstate projects
which the Board approved and submitted to VDOT earlier this year. He advised that
staff is aware of the meeting and plans to attend.
Supervisor McNamara moved to approve the staff recommendations
(confirm the fiscal year 2006-2007 revenue sharing project list, totaling $2,001,000,
which has previously been submitted to VDOT; and confirm the use of the $500,000
included in the fiscal year 2007 -2008 revenue sharing Budget for the road
improvements on Merriman Road at the new South County Library.) The motion carried
by the following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
452
May 22, 2007
IN RE:
REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
.1: First readina of an ordinance to rezone 35.21 acres from 1-2.
Industrial District. to AG-3. Aaricultural/Rural Preserve District for
the construction of ~ sinale family dwellina. located at 5242
Beason Lane. Catawba Maaisterial District. upon the petition of
Timothy and Rhonda Coleman.
2. First readina of an ordinance to rezone approximately 28.71 acres
from R-1. Low Density Residential District. to C-2. General
Commercial District. to construct ~ public library. and to obtain ~
Special Use Permit in order to allow ~ drive-in restaurant within
the public library. located at 5690 Merriman Road. Cave Sprina
Maaisterial District. upon the petition of Roanoke County Library
Services and Roanoke County Board of Supervisors.
3. First readina of an ordinance to obtain ~ Special Use Permit to
operate ~ family day care home on 0.22 acre. located at 2627
Creekwood Drive. Catawba Maaisterial District, upon the petition
of LaSonia McKinstry.
May 22,2007
453
Supervisor Church moved to approve the first readings and set the second
readings and public hearings for June 26, 2007. The motion carried by the following
recorded vote:
AYES:
NAYS:
INRE:
Supervisors Wray, Church, Altizer, Flora, McNamara
None
SECOND READING OF ORDINANCES
~ Second readina of an ordinance authorizina the reservation and
dedication of g public areenway easement associated with the
Green Hill Park seament of the Roanoke River Greenway throuah
property owned Qy: the Roanoke County BQ!lrd 9f Supervisors at
Green Hill Park, Catawba Maaisterial District. (Pete Haislip,
Director of Parks, Recreation and Tourism)
0-052207 -2
Mr. Haislip advised that this is the second reading of the ordinance, and
there have been no significant changes since the first reading. He reported that
approval of the ordinance is necessary for the greenway easement to be protected in
perpetuity for public use and will release State and federal funds to continue with the
project.
There was no discussion.
454
May 22, 2007
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
ORDINANCE 052207-2 AUTHORIZING THE RESERVATION AND
DEDICATION OF A PUBLIC GREENWAY EASEMENT ASSOCIATED
WITH THE GREEN HILL PARK SEGMENT OF THE ROANOKE RIVER
GREENWAY THROUGH PROPERTY OWNED BY THE ROANOKE
COUNTY BOARD OF SUPERVISORS AT GREEN HILL PARK (TAX
MAP NOS. 55.00-01-08 AND 55.00-01-12) CATAWBA MAGISTERIAL
DISTRICT
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner
of two parcels of land containing 196.61 acres off Green Hill Park Road in the County of
Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map Nos.
055.00-01-08.00-0000 and 055.00-01-12.00-0000; and,
WHEREAS, the Virginia Department of Transportation has requested the
Roanoke County Board of Supervisors to reserve and dedicate a public greenway
easement along a greenway corridor located between the Roanoke River and Green
Hill Park Road (Route 1185) in Green Hill Park on property owned by Roanoke County
in Green Hill Park;
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including easements, shall be
accomplished by ordinance; the first reading of this ordinance was held on May 8, 2007;
and the second reading was held on May 22,2007.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the interests in real estate to be conveyed are hereby declared to be
surplus, and are hereby made available for other public uses by reservation and
dedication as a public greenway easement a 10-foot greenway corridor located between
the Roanoke River and Green Hill Park Road (Route 1185) in Green Hill Park.
2. That reservation and dedication of a public greenway easement as shown
and described on plans prepared by Draper Aden Associates dated January 31, 2007
and identified as Sheets C.04, C.05 and C.06, copies of which are attached hereto as
Exhibits A, Band C, is hereby authorized and approved.
3. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
May 22,2007
455
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
2. Second readina of an ordinance authorizina the conveyance of ~
sanitary sewer easement to the Western Virainia Water Authority and
the creation of ~ new drainaae easement throuah property owned ~
the Roanoke County Board of Supervisors at Walrond Park. Hollins
Maaisterial District. (Pete Haislip. Director of Parks. Recreation and
Tourism)
0-052207 -3
Mr. Haislip advised that this is the second reading of an ordinance to grant
a sanitary sewer easement to the Western Virginia Water Authority 0NVWA) for the
Virginia Air Distributors' project adjacent to Walrond Park. He reported that approval of
the ordinance also creates a drainage easement in Walrond Park which VDOT requires.
Mr. Haislip advised that there was discussion at the first reading of the ordinance
concerning the issue of granting easements on County owned property. He reported
that staff will provide additional information including possible policy recommendations
at a future Board meeting.
456
May 22,2007
Supervisor McNamara advised that the Board should ensure that good
logic is used to protect the assets of the taxpayers when granting easements through
County property, and he felt that this action is a good example of that protection.
Mr. Haislip advised that Virginia Air Distributors has agreed to make
considerable improvements to resolve a drainage issue at Walrond Park, and staff
recommends that the Board adopt the ordinance.
Supervisor Flora moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
ORDINANCE 052207-3 AUTHORIZING THE CONVEYANCE OF A
SANITARY SEWER EASEMENT TO THE WESTERN VIRGINIA WATER
AUTHORITY AND THE CREATION OF A NEW DRAINAGE EASEMENT
THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD
OF SUPERVISORS AT WALROND PARK (TAX MAP NO. 27.10-02-19)
HOLLINS MAGISTERIAL DISTRICT
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner
of a parcel of land containing 37.86 acres off Walrond Drive in the County of Roanoke,
Virginia, designated on the Roanoke County Land Records as Tax Map No. 027.10-02-
19.00-0000; and,
WHEREAS, Virginia Air Distributors has requested the conveyance of a new
public sanitary sewer easement to be granted along the edge of Walrond Park Road to
its tie-in at an existing sanitary sewer line located in Walrond Park and that a
stormwater drainage easement to be created along the edge of Walrond Park Road to
its outfall at an existing stormwater drainage channel located in Walrond Park;
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including easements, shall be
accomplished by ordinance; the first reading of this ordinance was held on April 24,
2007; and the second reading was held on May 22,2007.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
May 22, 2007
457
1. That pursuant to the provIsions of Section 16.01 of the Charter of
Roanoke County, the interests in real estate to be conveyed are hereby declared to be
surplus, and are hereby made available for other public uses by conveyance to the
Western Virginia Water Authority for a new public sanitary sewer easement to be
granted along the edge of Walrond Park Road to its tie-in at an existing sanitary sewer
line located in Walrond Park and that a new stormwater drainage easement be created
along the edge of Walrond Park Road to its outfall at an existing stormwater drainage
channel located in Walrond Park.
2. That conveyance to the Western Virginia Water Authority of a sanitary
sewer easement as shown and described as "Plat showing New 20' Sanitary Sewer
Easement to be granted to the Western Virginia Water Authority thru the property of
Roanoke County Board of Supervisors (Walrond Park) Tax #027.19-02-19.00-0000
situated at the end of Walrond Drive ..." prepared by Lumsden Associates, P.C., dated
January 31, 2007, a copy of which is attached hereto as Exhibit A, is hereby authorized
and approved.
3. That a new stormwater drainage easement as shown and described as
"Plat showing New Drainage Easements to be created through the property of Roanoke
County Board of Supervisors (Walrond Park) Tax #027.19-02-19.00-0000 situated along
Walrond Park Road ..." prepared by Lumsden Associates, P.C., dated January 31,
2007, a copy of which is attached hereto as Exhibit B, is hereby authorized and
approved.
4. That the County accepts as payment for the sanitary sewer easement the
specified stormwater drainage improvements as shown on engineering plans prepared
by Lumsden Associates, PC and as agreed to by Virginia Air Distributors to make in
Walrond Park that will provide both engineering and aesthetic benefits to Walrond Park.
5. That the County Administrator, or any assistant county administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
6. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
458
May 22,2007
IN RE:
APPOINTMENTS
~ Board of Zonina Appeals (Appointed ~ District)
Chairman McNamara advised that the five-year term of Carlton W. Wright,
Hollins Magisterial District, will expire on June 30, 2007, and that Mr. Wright is willing to
serve an additional term. There was a consensus of the Board to make the
appointment, and the Clerk was directed to place confirmation of his appointment on the
consent agenda.
2. Cable Television Committee .: Roanoke County
Chairman McNamara advised that the three-year term of David Jones will
expire on June 30, 2007, and that Mr. Jones has advised the Clerk's Office that he is
willing to serve an additional term. There was a consensus of the Board to make the
appointment, and the Clerk was directed to place confirmation of his appointment on the
consent agenda.
3. Cable Television Committee .: Roanoke Vallev Reaional
Chairman McNamara advised that the three-year term of David Jones,
Roanoke County at-large member, will expire on June 30, 2007, and that Mr. Jones has
advised the Clerk's Office that he is willing to serve an additional term. There was a
consensus of the Board to make the appointment, and the Clerk was directed to place
confirmation of his appointment on the consent agenda.
May 22, 2007
459
4. Clean Valley Council
Chairman McNamara advised that the two-year terms of Dennis "Chip"
Harris and Stephen McTigue will expire on June 30, 2007.
Chairman McNamara reported that Mr. McTigue has advised the Clerk's
Office that he is willing to serve an additional term. There was a consensus of the
Board to make the appointment, and the Clerk was directed to place confirmation of his
appointment on the consent agenda.
S. Community Policy and Manaaement Team (CPMT)
Chairman McNamara advised that the three-year term of Rita J. Gliniecki
will expire on June 30, 2007. The CPMT has requested that the Board of Supervisors
re-appoint Ms. Gliniecki for an additional three-year term as provided in its by-laws. Ms.
Gliniecki is willing to serve an additional term. There was a consensus of the Board to
make the appointment, and the Clerk was directed to place confirmation of her
appointment on the Consent Agenda.
6. Parks and Recreation Advisory Commission (Appointed Qy
District)
Chairman McNamara advised that the following three-year terms will
expIre on June 30, 2007: Jack W. Griffith, Cave Spring Magisterial District; Randy
Smith, Hollins Magisterial District; and Tim Guilliams, Vinton Magisterial District.
Supervisor Altizer advised that Mr. Guilliams was willing to serve an
additional three-year term, and requested that confirmation of his appointment be
460
May 22, 2007
placed on the consent agenda.
Supervisor Wray advised that he has contacted Mr. Griffith and he
anticipates making an appointment at the next meeting.
Supervisor Flora requested that the Clerk's Office contact Mr. Smith to
determine if he is willing to serve an additional three-year term. He advised that if the
response is positive, confirmation of the appointment should be placed on the consent
agenda for the next Board meeting.
7. Roanoke Vallev Greenwav Commission
Chairman McNamara advised that the three-year term of Richard Kelly
expired on April 8, 2007, and that Mr. Kelly does not wish to serve an additional term.
He further advised that a closed meeting has been scheduled to discuss this
appointment.
Mr. Hodge advised that it might not be necessary for the Board to have a
closed meeting regarding appointments. He reported that there were two candidates for
appointment to the Commission, and he was recommending that the Board appoint Bob
Blankenship whose application was received first. There was a consensus of the Board
to appoint Mr. Blankenship for a three-year term which will expire April 8, 2010, and the
Clerk was directed to place confirmation of his appointment on the Consent Agenda.
Supervisor Church reported that Richard Howard was the other applicant
for appointment to the Commission, and advised that Mr. Howard's many years of
volunteer work qualifies him for other committee appointments. He thanked Mr. Howard
May 22, 2007
461
for his interest in serving on the Commission and advised that two excellent candidates
applied for this appointment.
8. Virainia Western Community Colleae Board
Chairman McNamara advised that the four-year terms of David P.
Mitchell, Jr. and Dr. Lorraine Lange will expire on June 30, 2007, and that Mr. Mitchell
and Dr. Lange are willing to serve additional terms. There was a consensus of the
Board to make these appointments, and the Clerk was directed to place confirmation of
the appointments on the consent agenda.
9. Western Virainia Water Authoritv (WVWA)
Chairman McNamara advised that John Williamson, at-large member,
resigned from the Board effective November 16, 2006, and that the three-year term of
Elmer C. Hodge will expire on June 30, 2007. He further advised that a closed meeting
has been scheduled to discuss these appointments.
Mr. Hodge advised that the WWJA by letter dated May 17, 2007 was
requesting that the County ratify the appointment of Richard E. Huff, II, for the at-large
directorship. Mr. Huff, Franklin County Administrator, will complete the unexpired
portion of the term of John Williamson which will expire on June 30, 2008. There was a
consensus of the Board to ratify Mr. Huff's appointment and the Clerk was directed to
place ratification of his appointment on the Consent Agenda.
462
May 22, 2007
IN RE:
CONSENT AGENDA
R-052207 -4, R-052207 -4.a
Chairman McNamara advised that the resolution in Item J.2 be completed
as follows: (1) the annual salary for the County Administrator shall be increased to
$151,725; and (2) the annual salary for the County Attorney shall be increased to
$134,884.
Supervisor Altizer moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 052207-4 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:
That the certain section of the agenda of the Board of Supervisors for May 22,
2007, 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 4, inclusive, as follows:
1. Approval of minutes - May 8, 2007
2. Resolution establishing salaries for the County Administrator and County
Attorney.
3. Request to authorize the County Administrator to execute an agreement with
ITT to repair and replace damage to storm drains.
4. Request to accept and appropriate grant in the amount of $10,000 from the
Commonwealth of Virginia Department of Forestry.
5. Confirmation and ratification of County appointments
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.
May 22, 2007 463
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
RESOLUTION 052207-4.a ESTABLISHING SALARIES FOR THE
COUNTY ADMINISTRATOR AND THE COUNTY ATTORNEY
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby
establishes the salaries for the County Administrator and the County Attorney for Fiscal
Year 2007-2008.
BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1 . That the annual salary for the County Administrator shall be increased
from $145,628.00 to $151,725.00, which includes the County longevity supplement.
2. That the annual salary for the County Attorney shall be increased from
$130,322.00 to $134,884, which includes the County longevity supplement.
3. That the effective date for the establishment of these salaries shall be July
1, 2007.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
INRE:
REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Continqencv
4. Accounts Paid = April 2007
464
May 22, 2007
IN RE:
~. Statement of expenditures and estimated and actual revenues for
the month ended April 30. 2007
6. Public Safety Center BuildinQ Proiect BudQet Report
7. Public Safety Center BuildinQ Proiect ChanQe Order Report
CLOSED MEETING
At 3:46 p.m., Supervisor McNamara moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (5)
discussion concerning a prospective business or industry where no previous
announcement has been made; and Section 2.2-3711 A (1) discussion or consideration
of the performance of specific public officers, namely performance evaluations of the
County Administrator and County Attorney. The motion carried by the following
recorded vote:
AYES:
NAYS:
IN RE:
Supervisors Wray, Church, Altizer, Flora, McNamara
None
WORK SESSIONS
1. Work session to discuss stormwater manaQement ordinance
and desiQn standards. (Arnold Covey. Director of Community
Development and Tarek Moneir. Deputy Director of
Development)
The work session was held from 4:00 p.m. until 4:45 p.m.
May 22,2007
465
The following staff members were in attendance at the work session:
Arnold Covey, Director of Community Development; Tarek Moneir, Deputy Director of
Development; and George Simpson, County Engineer.
Mr. Covey advised that the Community Development staff has prepared a
powerpoint presentation to review the new stormwater management (SWM) ordinance
which addresses water quality issues associated with the mandated federal Clean
Water Act regulations. Mr. Covey advised that the SWM ordinance has to be adopted
by the end of December 2007.
Mr. Simpson advised that improperly managed stormwater runoff from
developed lands adversely affects County citizens in many ways. He reported that the
County's existing SWM ordinance was adopted in 1990 as a direct response to the
Flood of 1985 and does not meet the current state SWM regulations. He advised that
the federal Environmental Protection Agency (EPA) through the Clean Water Act has
mandated a program to control water pollution by regulating sources that discharge
pollutants into the waters of the United States, and that the State government through
the Department of Conservation and Recreation (DCR) is requiring localities to develop
a SWM ordinance to address water quality. He advised that the County would be
subject to monetary penalties if they do not comply with the mandate.
Mr. Simpson advised that the County and City of Roanoke have been
working jointly since January 2006 to develop a SWM ordinance and design manual to
provide guidance to the development community and residents. A stakeholders'
466
May 22, 2007
committee has met regularly to review progress and offer comments and input. Mr.
Simpson advised that the changes with the new SWM ordinance will include the
following: (1) Requirements for SW quantity, flood management, remain the same. (2)
Requirements for permanent quality controls are added, as Best Management Practices
(BMP's). (3) Requirements for landowners to inspect and take care of BMP's to
maintain their function are added. (4) The County is required to periodically inspect all
BMP facilities. He advised that examples of SW quality BMP's are vegetated filter
strips, extended detention basins, constructed wetlands, bioretention, and manufactured
systems.
Mr. Simpson advised that the design manual is necessary to bring
together all SW related requirements in one document; provide guidance to designers
and developers to minimize confusion, and outline inspection and maintenance
requirements. He advised that treating SW quality and quantity requires community-
wide cooperation and that the traditional detention pond will no longer be sufficient.
Water quality management requires County-wide training and collaboration between all
aspects of development and the homeowner community. Mr. Moneir advised that some
of the benefits of SWM include avoiding increases in stream erosion and degradation,
improvement of stream water quality, compliance with the State MS4 permit
requirements and avoidance of increases in flooding.
May 22,2007
467
Mr. Moneir reported that the impact to County landowners includes: (1)
Increased maintenance costs for SWM BMP's. (2) Requirement to keep maintenance
records and submit to the County annually. (3) Requirement to grant access to the
County for periodic inspections. (4) Citizens must have access to training material so
they understand the responsibilities and impacts. Mr. Moneir advised that the impact to
the development community includes: (1) Increased design effort. (2) Increased
construction costs to provide water quality BMP's in addition to quantity. (3) Potentially
more utilization of land for BMP's.
Mr. Moneir advised that the impact to the Community Development
Department includes: (1) Increased review time for plans. (2) More detailed
inspections for construction. (3) Training for engineers and inspectors. (4) Periodic
inspections for each BMP will be required. (5) Management of data from homeowners
associations. He noted that an additional impact on the Community Development
Department will be additional resources to meet these requirements.
Supervisor Church advised that education and information for
homeowners will be necessary and suggested that information could be provided for
citizens at homeowners association meetings. Supervisor Altizer advised that he was
also concerned about educating the public, and Supervisor Wray suggested that the
quarterly meeting of civic league presidents could be used as a resource.
468
May 22, 2007
Supervisor Altizer advised that while staff is pursuing a new SWM
ordinance for future detentions ponds, they should also consider the question of what to
do about the existing ponds. Mr. Hodge advised that the County has 350 detention
ponds. In response to Supervisor Flora's inquiry, Mr. Covey advised that enforcement
of the SWM agreements are accomplished through the County Attorney's office. Mr.
Moneir advised that if the County violates the SWM ordinance, it can be stripped of its
ability to issue permits, allow new developments, or receive grants.
Mr. Moneir advised that there are two funding options to comply with the
mandate: (1) Status quo which means increased burden on the homeowners
association and government general funds. (2) Other funding alternatives including
implementing a SW utility fee. He referred to a graph which listed the cities and one
county that have implemented fees, the funding mechanisms such as real estate tax
line item, and amount of the annual fee.
Supervisor McNamara advised that he was not interested in the County
implementing an additional fee and inquired if it would be possible for the We'stern
Virginia Water Authority (WVWA) to add a utility fee when the rates for Roanoke City
and the County equalize. Mr. Hodge advised that while he believes the Authority's
charter does allow additional functions, he would have to obtain more information
concerning this option.
Supervisor Altizer advised that a discussion concerning this issue and the
Authority was held three years ago, and it was the consensus of the Board not to
May 22,2007
469
delegate SWM to the Authority. He advised that the concern was that fees should be
imposed at the discretion of the Board and not the Authority, and that citizens should
pay for the maintenance of their detention ponds without passing the costs to others. In
response to Supervisor McNamara's inquiry, Mr. Covey advised that 25 percent of the
County citizens utilize wells and septic tanks.
Mr. Hodge advised that this was an introductory work session and that
additional work sessions will be necessary as the Board and staff work through this
process. He advised that additional information will be provided to the Board in
approximately six weeks including specifics on how other counties plan to handle the
issue and the standards of addressing enforcement. Mr. Covey advised that Mr.
Simpson has established a committee to discuss SWM which includes representatives
from the Homebuilders Association.
2. Work session on County Capital Improvements Plan (CIP)
Proiects. (Elmer Hodae. County Administrator)
The work session was held from 4:55 p.m. until 5:23 p.m.
The following staff members were in attendance at the meeting: Elmer
Hodge, County Administrator; Don O'Donnell, Assistant County Administrator; John
Chambliss, Assistant County Administrator; Diane Hyatt, Chief Financial Office; Diana
Rosapepe, Director of Libraries; Anne Marie Green, Director of General Services; and
Rick Burch, Chief of Fire and Rescue.
470
May 22, 2007
Mr. Hodge advised that he wanted to update the Board on several of the
County CIP projects. He noted that he plans to provide a monthly status report on each
of the projects to keep the Board updated on their progress.
County QaraQe in partnership with the Western VirQinia Water
Authority (WVWA)
Mr. Hodge reported that the WVWA has approved a resolution
supporting the joint construction of the garage with four bays which will be converted
into a contract by Mr. Mahoney and Mr. Darby. He noted that there are two possible
sites; they have an option on one property; and they plan to choose the location and
close on the property within the next thirty days. Mr. Hodge advised that the schedule is
to break ground by February 2008 and be operational by April 2009. He reported that
the original cost of $5 million including land for the garage has increased to $7.5 million
including land.
Ms. Green advised that staff has recommended several cost-cutting
measures which include reducing the number of bays to bring the costs in line with the
original $5 million.
Update on the radio system and status of partnership with
Roanoke ~
Mr. Hodge reported that the issue is that the analog equipment is
getting older and parts to repair it are harder to obtain. Motorola has advised the
County that there is a date beyond which they will not maintain the analog equipment;
May 22,2007
471
however, the radio system can be updated by purchasing a new analog system. Mr.
Hodge advised that Roanoke City would like to purchase the new analog equipment at
a cost of $500,000; however, staff feels that updating to a new analog system until the
move to a digital system can be made would be very expensive. He noted that this item
is scheduled to be discussed at the next meeting of Mayors and Chairs with Roanoke
City.
Librarv system improvements including purchase of land in
Mount Pleasant for future site and planning for
renovations/replacement of the Glenvar Librarv.
Mr. Hodge reported that the new South County Library is in the design
phase with the size and scope agreed upon. The rezoning of the property is scheduled
for the June 26 Board meeting. He stated that site work will begin in October 2007 with
construction in April 2008, and completion is anticipated during September 2009.
Mr. Hodge advised that the Board has already authorized the option to
purchase property for the Mt. Pleasant Library and staff will prepare an agenda item to
complete the purchase. He reported that there will be a community meeting concerning
the Mt. Pleasant Library on June 19, 2007.
Ms. Hyatt and Ms. Rosapepe distributed small flipchart guides to the
Library CIP projects for fiscal years 2008-2012 which included information on the South
County Library, Glenvar Library Expansion, Mt. Pleasant Library, Vinton Library
Renovation and Bent Mountain Library Addition.
472 May 22, 2007
Supervisor Church advised that there is a need to move forward with
improvements at the Glenvar Library. Mr. Hodge reported that staff is recommending
that renovations be made to the Glenvar Library and that funds are already in the CIP
for the architectural and engineering (A&E) work. Mr. Hodge advised that staff will bring
an agenda item to the Board to expedite work on the A&E and needs assessment with
the intention of adding 8,400 square feet to the Glenvar Library.
Mr. Hodge advised that although the Hollins Library had a major
renovation in 1992, it is outgrowing its space and staff will add it to the CIP for next
year. Supervisor Flora advised that the South County Library has established a
standard for libraries and he felt this standard should be adhered to when considering
renovations to the other County libraries.
North County Fire Station
Mr. Hodge advised that the site for the fire station has been purchased;
bids have been received for the A&E work; and site visits with architects are underway.
Chief Burch advised that construction should begin in 2008-2009.
Multi-Generation Center
Mr. O'Donnell advised that it is anticipated that a proposal will be
received by June 2007 and that the draft comprehensive plan will be received and
brought to the Board for approval in August 2007; however, it should be received no
later than September 2007. Mr. Hodge advised that the estimated cost of $20 million,
not including land, has increased to $25 million, not including land, but including $2
May 22, 2007
473
million for the third basketball court. Mr. 0' Donnell advised that the estimated cost for
the land is $2 million. Mr. Hodge advised that relocation of the asphalt plant is an issue
that needs to be resolved before moving forward with the business park.
Mr. Hodge advised that staff is refining the cost estimates for each of
these capital projects as they are being developed, and this information will be shared
with the Board as it becomes available.
INRE:
CERTIFICATION RESOLUTION
R-052207 -5
At 7:00 p.m., Supervisor McNamara moved to return to open session and
adopt the certification resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 052207-5 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
474 May 22, 2007
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
Chairman McNamara recognized Ms. Marion Roark, School Board Chair,
and Dr. Lorraine Lange, School Superintendent, who were present for all of the school
recognitions.
1. Certificate of recoanition to Roanoke County Schools for beina
selected as one of the Best 100 Communities for Music Education
in America in 2007.
Chairman McNamara presented the certificate of recognition to Jim
Bradshaw, Music Coordinator.
2. Certificates of recoanition to the All-State Band and Choir
Winners.
Chairman McNamara advised that Jim Bradshaw, Music Coordinator, was
present for the recognition. Chairman McNamara presented certificates of recognition
to the All-State Band winner who was present: Robert Evans, Nathan Rodgers, and
Sam Sedivy. The winners who were unable to attend were All-State Band: Kenny
Lampert, and All-State Choir: Sarah Bowyer, Matt McCubbin, and Sarah Short.
May 22, 2007
475
3. Resolution of conaratulations to students at A. R. Burton
Technoloav Center for winnina the Virainia SkillsUSA and Future
Business Leaders of America. Inc. (FBLA) awards.
R-052207 -6
Chairman McNamara presented the resolution to Andy McClung,
Principal, Arnold R. Burton Technology Center, and certificates of recognition to the
winners. Joan Farley, SkillsUSA Sponsor, was also present.
Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 052207-6 OF CONGRATULATIONS TO STUDENTS AT
A. R. BURTON TECHNOLOGY CENTER FOR WINNING THE VIRGINIA
SKILLSUSA AND FUTURE BUSINESS LEADERS OF AMERICA
(FBLA) AWARDS
WHEREAS, SkillsUSA is the second largest student organization in the nation,
serving more than 264,500 high school and college students and professional members
who are enrolled in training programs in technical, skilled, and service occupations,
including health occupations; and
WHEREAS, the Future Business Leaders of America (FBLA) is a nonprofit
educational association of students preparing for careers in business and business-
related fields with more than 240,000 active members; and
WHEREAS, several students from A. R. Burton Technology Center, having
achieved first place in local and district level competitions, won gold medals at the
Virginia SkillsUSA and FBLA competitions held in April 2007; and
WHEREAS, the following awards were received:
. American Spirit: Billie Stultz, Glenvar High School; Cynthia Bousman, William
Byrd High School
. Criminal Justice Technical Exam: John Ashe, Northside High School
476
May 22, 2007
· Job Interview: Jessica Strokus, Hidden Valley High School
· Motorsports: Grey Patterson, Cave Spring High School; Kinnie Austin, post
secondary student; Jacob Dodson, Cave Spring High School; Matt Wright, post
secondary student
· Occupational Display: Matt Wright, post secondary student; Kinnie Austin, post
secondary student
· Openinq & Closinq Ceremonies: Ashley Crouch, Cave Spring High School; John
Ashe, Northside High School; Erica Lloyd, Hidden Valley High School; Tyler
Perdue, Hidden Valley High School; Kristen Wade, Cave Spring High School;
Christopher Dooley, William Byrd High School; Sean Guzman, Northside High
School
· Promotional Bulletin Board: Danielle Chambers, Northside High School;
Stephanie Digirolamo, William Byrd High School; Kristina Duncan, Cave Spring
High School; Krystal Lehrer, Cave Spring High School; Eyshia StClair, Hidden
Valley High School
· Television News Anchor/Reporter: Jacob Elias, Hidden Valley High School;
Amanda Hamilton, Hidden Valley High School; Amy Woodson, Hidden Valley
High School
· Welding: Kinnie Austin, post secondary student
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its sincere congratulations to the
students at A. R. Burton Technology Center for winning the Virginia SkillsUSA and
FBLA awards; and
BE IT FURTHER RESOLVED that the Board of Supervisors extends its best
wishes to each of the students in all of their future endeavors.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
4. Resolution of conQratulations to the Glenvar HiQh School
wrestlinQ team for winninQ the State Group A Championship.
R-052207 -7
Chairman McNamara presented the resolution and certificates of
recognition to the members of the team and coaches.
May 22,2007
477
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 052207-7 OF CONGRATULATIONS TO GLENVAR HIGH
SCHOOL WRESTLING TEAM FOR WINNING THE STATE GROUP A
CHAMPIONSHIP
WHEREAS, team sports are an important part of the curriculum at schools in
Roanoke County, teaching cooperation, sportsmanship and athletic skill; and
WHEREAS, the Glenvar High School Wrestling Team won the State Group A
championship at the Salem Civic Center on March 3, 2007, by a commanding margin
over three-time defending champion Manassas Park; and
WHEREAS, the Highlanders won their first state crown since Group AA
championships in 1971 and 1972; and became the first Roanoke Valley school to
capture a Virginia High School League wrestling title since William Byrd won in Group
AA in 1982; and
WHEREAS, Jeremy Mowles, Aaron Blomberg and Ben Jamison won individual
state championships and ten Highlanders placed in the top six at the state tournament;
and
WHEREAS, the Highlanders were also Region C and Three Rivers District
Champions, took first place in the Highlanders Invitational (Glenvar) and second in the
War of the Wrestlers (Covington); and had a dual match record of 15 and 1; and
WHEREAS, the Highlanders are coached by Jamie Soltis, who was named
Coach of the Year by the State, AII-Timesland, and Roanoke Valley Wrestling
Association, and assistant coaches Malachi Underwood and Chris Blomberg.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its sincere congratulations to the
members of the GLENVAR HIGH SCHOOL WRESTLING TEAM: Alex Asimakopoulos,
John Ayers, Aaron Blomberg, Adam Blomberg, Andrew Cundiff, Ben Cundiff, Warren
Fulcher, Jake Hooker, Sam Huffman, Ben Jamison, Jeremy Mowles, Michael Whitaker,
John Wiley, and Kevin Woods for their athletic ability, their team spirit, and their
commitment to each other; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best
wishes to the members of the team, the coaches, and the school in their future
endeavors.
478
May 22, 2007
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
(a) Certificate of recognition to Jeremv Mowles, for winning the State
Championship at 135-Pounds.
Chairman McNamara presented the certificate of recognition to Mr.
Mowles.
(b) Certificate of recognition to Aaron Blomberg, for winning the
State Championship at 145-Pounds.
Chairman McNamara presented the certificate of recognition to Mr.
Blomberg.
~ Certificate of recognition to Ben Jamison, for winning the State
Championship at 189-Pounds.
Chairman McNamara presented the certificate of recognition to Mr.
Jamison.
5. Certificate of recognition to Julia Koff, Hidden Vallev High School,
for winning the State Group AA Diving Championship
Chairman McNamara presented the certificate of recognition to Ms. Koff.
May 22, 2007
479
6. Resolution of conaratulations to the Hidden Vallev Girls Basketball
Team for winnina the State Group AA Championship.
R-052207 -8
Chairman McNamara presented the resolution and certificates of
recognition to the team members and coaches.
Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 052207-8 OF CONGRATULATIONS TO HIDDEN
VALLEY TITANS GIRLS BASKETBALL TEAM FOR WINNING THE
STATE GROUP AA BASKETBALL CHAMPIONSHIP
WHEREAS, team sports are an important part of the curriculum at schools in
Roanoke County teaching cooperation, sportsmanship, and athletic skill; and
WHEREAS, the Hidden Valley High School Titans girls basketball team won their
first State Group AA basketball championship defeating the Charlottesville Black
Knights, a team that has participated in the state tournament for the last four years, by a
score of 63 to 53; and
WHEREAS, during the championship game, the Titans completed 53.7 percent
of their shots and allowed only six turnovers; and
WHEREAS, the Titans received a sportsmanship award for their behavior on and
off the courts during the state playoffs; and
WHEREAS, the Titans were also River Ridge District Champions and Region III
Champions; and
WHEREAS, the Titans amassed a record of 29 wins and one loss for the season;
and
WHEREAS, the Titans are coached by Mike McGuire who was named Group AA
Coach of the Year by the Virginia High School Coaches Association and the Associated
Press, and Assistant Coaches Erika Hale, Shawn Patton, Buddy Ross, Leigh Ann
Woodley, and Penny Hunt.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia does hereby extend its sincere congratulations to the
480
May 22, 2007
members of the HIDDEN VALLEY HIGH SCHOOL TITANS GIRLS BASKETBALL
TEAM: Kylee Beecher, Abby Boggs, Amanda Crotty, Katie Degen, Lindsay Divers,
Amanda Hamilton, Haley Kendrick, Kari Myers, Abby Oliver, Kayla Osborne, Abby
Redick, Morgan Williams, Mariel Wilson, and Brittany Wood for their athletic ability, their
team spirit and their commitment to each other; and
BE IT FURTHER RESOLVED that the Board of Supervisors extends its best
wishes to the members of the team, the coaches and the school in their future
endeavors.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
.@1 Certificate of recoanition to Abbv Oliver for beina named First
Team All-State, Associated Press First Team All-State, and AII-
Timesland First Team.
Chairman McNamara presented the certificate of recognition to Ms. Oliver.
ill Certificate of recoanition to Abbv Redick for beina named
Associated Press First Team All-State and AII-Timesland First
Team.
Chairman McNamara presented the certificate of recognition to Ms.
Redick.
IN RE:
RECESS
At 8:08 p.m., Chairman McNamara declared a five-minute recess.
May 22, 2007
481
IN RE:
PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. Second readina of an ordinance to obtain! Special Use Permit to
construct an accessory apartment on 0.9 acres. located at 2132
River Oaks Drive. upon the petition of Ted Alan LeNeave. Catawba
Maaisterial District. (Philip Thompson. Deputy Director of
Planning)
0-052207 -9
Mr. Thompson advised that this petition is a request for a special use
permit to construct an accessory apartment within the basement of Mr. LeNeave's
residence at 2132 River Oaks Drive. He stated that the property is 0 9 acre in size and
zoned R-1, Low Density Residential. The proposed accessory apartment would be
approximately 810 square feet and would contain one bedroom, walk-in closet, one
bathroom, a living room and kitchen and be occupied by Mr. LeNeave's parents who
already live in the primary residence. Mr. Thompson advised that the surrounding
zoning is R-1, Low Density Residential, and the surrounding land uses are single family
homes. He stated that the proposal is consistent with the policies and guidelines of the
Community Plan and Zoning Ordinance. The Planning Commission held a public
hearing on May 1, 2007 and there were no citizens present to speak on this item.
Mr. Thompson advised that the Planning Commission received a letter
from the Russlen Farms Homeowners Association (HOA) requesting that the following
two conditions be placed on the special use permit: (1) Use of the accessory apartment
482
May 22, 2007
be limited to the parents of Mr. LeNeave. (2) The special use permit will terminate at
such time that Mr. LeNeave's parents no longer occupy the premises. Mr. Thompson
advised that Joe Obenshain, Senior Assistant County Attorney, advised against
enacting the conditions because of enforcement issues. He reported that the Planning
Commission recommended approval of the special use permit without any conditions by
a vote of three to zero.
Ted LeNeave, 2131 River Oaks, advised that he is the President and
Chief Executive Officer of American Healthcare, and moved his family here from
Richmond and his parents from Virginia Beach. He advised that this is a wonderful
opportunity for his parents to live with his family and provide assistance with his two
small children. He advised that they have tried to go through the procedures to obtain
the special use permit in the proper manner.
Supervisor Church inquired if the Planning Commission placed the two
conditions requested by the Homeowners Association on the special use permit. Mr.
Thompson advised that the Planning Commission recommenced approval without any
conditions. Supervisor Church inquired if the petitioner would have any problem
agreeing to the two conditions. Mr. LeNeave advised that one of the conditions was
specifically for his parents to occupy the apartment; however, if his parents leave the
property, he would like the opportunity for his wife's parents to occupy the apartment.
Supervisor Church inquired if Mr. LeNeave would be agreeable to limiting the use of the
accessory apartment to his or his wife's family. Mr. LeNeave advised that the condition
May 22, 2007
483
that the apartment be used for his family which includes his or his wife's parents would
be acceptable. Supervisor Church advised that he understands the reason for the HOA
requesting the conditions to protect the uses and occupancy; however, he was
comfortable with the information provided by the petitioner, and at the appropriate time,
he would move approval of the request.
Ed Natt, representing Russlen Farms HOA, advised that the letter to the
Planning Commission may have been misleading. He reported that the HOA would like
to ensure that the property be used for family members because the accessory use in
the zoning ordinance allows for the rental of property. He advised that the HOA has no
objection to granting the special use permit with the condition that the accessory
apartment be occupied by family members only. Supervisor Church inquired if Mr.
LeNeave and Mr. Natt were agreeable to adding a condition that the occupancy of the
accessory apartment be limited to immediate family members only. Both Mr. LeNeave
and Mr. Natt replied in the affirmative.
There were no citizens present to speak on this item.
Supervisor Church moved to adopt the ordinance with the condition added
that the use of the premises as an accessory apartment be limited to the immediate
family of the applicants. The motion carried by the following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
484
May 22, 2007
ORDINANCE 052207-9 GRANTING A SPECIAL USE PERMIT TO
CONSTRUCT AN ACCESSORY APARTMENT ON A 0.9 ACRE SITE
LOCATED AT 2132 RIVER OAKS DRIVE (TAX MAP NO. 56.03-4-29)
CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF TED
ALAN LeNEAVE
WHEREAS, Ted Alan LeNeave has filed a petition for a special use permit to
construct an accessory apartment located at 2132 River Oaks Drive (Tax Map No.
56.03-4-29) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
May 2,2007; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on April 24, 2007; the second reading and public hearing on this
matter was held on May 22,2007.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Ted Alan
LeNeave to construct an accessory apartment located at 2132 River Oaks Drive in the
Catawba Magisterial District is substantially in accord with the adopted 2005 Community
Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of
Virginia, as amended, and that it shall have a minimum adverse impact on the
surrounding neighborhood or community, and said special use permit is hereby
approved with the following condition:
(1) That the use of the premises as an accessory apartment be limited
to the immediate family of the applicants.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Church to adopt the ordinance with the addition of
Condition #1: That the use of the premises as an accessory apartment be limited to the
immediate family of the applicants. The motion was carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Wray, Church, Altizer, Flora, McNamara
None
May 22, 2007
485
2. Second readinQ of an ordinance to rezone 0.369 acres from R-1.
Low Density Residential District. to C-1. Office District, with
Conditions. for the operation of ! beauty salon. located at 3722
Colonial Avenue. upon the petition .Qf Richard and Judv WaQner.
Cave SprinQ MaQisterial District. (Philip Thompson. Deputy
Director of PlanninQ)
DENIAL - 0-052207-10
Mr. Thompson advised that this petition is to request rezoning of
approximately 0.369 acre from R-1, Low Density Residential, to C-1, Office, to convert a
single family residence into a beauty shop. He advised that the original application
submitted was for a total of 1,484 square feet which would be achieved by enclosing the
carport. He reported that the facility will be for five licensed cosmetologists providing
hair, nail, and skin care. Mr. Thompson advised that access to the shop will be off of
Green Valley Drive with the original plan for 16 parking spaces having been reduced to
14 parking spaces with one handicap space. He noted that the application also shows
a buffer along the southern property line and there will be lighting, signage and
stormwater management associated with a commercial development.
Mr. Thompson advised that a similar proposal by the applicants was
denied by the Board of Supervisors one year ago for the same location due to the
importance of residential neighborhood preservation and increased traffic concerns. He
486
May 22, 2007
reported that there were other problematic site issues which included parking, exterior
lighting, screening and buffering, signage and stormwater management.
Mr. Thompson advised that in December 2006, Mr. Wagner was issued a
building permit to upgrade the residence's interior for future use. This permit was
revoked on April 6, 2007, after inspections indicated that the work performed inside the
structure was outside the scope for residential purposes and was not fully described on
the application. He reported that it was also evident that the project was undervalued
and that its true total value was not provided.
Mr. Thompson advised that the surrounding zoning is R-1, Low Density
Residential, to the north, west, and south, and C-1, Office, to the east. The surrounding
land uses are residential and office. He noted that this property is zoned transition in
the Community Plan which indicates an orderly development of highway frontage
parcels while discouraging intense, highway oriented commercial uses.
Mr. Thompson advised that on April 4, 2007, a community meeting was
held at the Roanoke County Administration Center with 25 citizens in attendance. The
issues raised by the citizens included the types of services proposed, number of work
stations, building permit status, traffic concerns, accident rates along Colonial Avenue,
lighting, on- and off-site parking, drainage issues, and the incompatibility of the
proposed use with the neighborhood.
Mr. Thompson advised that the Planning Commission held a public
hearing on May 1, 2007, with nine citizens speaking in opposition. The citizens raised
May 22, 2007
487
concerns about the issues of existing traffic, accident rates, new residential construction
in the area, the incompatibility of the proposed use with surrounding neighborhood,
preventing Colonial Avenue from becoming another Brambleton Avenue, traffic
generation numbers, stormwater problems, building permit revocation, and parking. Mr.
Thompson advised that the Planning Commissioners expressed their concerns about
access, parking, traffic, impacts to the surrounding neighborhoods and the fact that this
request was similar to last year's request. Mr. Thompson advised that the Planning
Commission recommended denial of the rezoning request by a vote of three to zero.
Mr. Thompson advised that the petitioners had submitted revised proffers
this morning with the following two changes: (1) Proffer #1 was revised to change the
date of the concept plan from March 14, 2007 to May 20, 2007 which reduced the 16
parking spaces to 14. (2) Proffer #6 was revised to reduce the occupancy of the
building from five cosmetologists to two.
In response to Supervisor Wray's inquiry to describe the differences
between the two applications, Mr. Thompson advised that last year's application was for
eight work stations and 12 parking spaces, and this year's request was for five work
stations and 16 parking spaces. However, Mr. T~ompson advised that this year's
request was reduced this morning by the petitioner submitting new proffers for two
stations and 14 parking spaces.
Richard Wagner advised that he and his wife, Judy, are residents of
Roanoke and Franklin Counties; that they own nine properties in Roanoke County and
488
May 22, 2007
his wife owns a business in Roanoke City on Brambleton Avenue. He advised that they
purchased this property over a year ago with the reasonable expectation that it would
be rezoned because it is the last residence in a two-block area of businesses. He
advised that since last year's request for a beauty salon with eight stations was denied,
they submitted another application this year to reduce the stations from eight to five to
alleviate the traffic concerns and parking. However, Mr. Wagner advised that because
this year's request was also denied by the Planning Commission, they are offering to
reduce the stations from five to two. He advised that traffic from two stations would be
insignificant when compared with the other traffic generated in the area. He advised
that he believes that a business with two cosmetologists would never completely fill the
14 parking spaces that they have proffered. He advised that the information about their
permit being revoked was unnecessary and should be of no concern to the Board in this
matter.
Mr. Wagner advised that he understands that the County desires an
orderly transition of the area; however, he believes that this application is for the least
amount of business that can be located there to keep from generating significant traffic.
He advised that the reason they are asking for the rezoning is that his wife currently
owns a beauty salon with 14 people and she wants to downsize her business. He
believes that this business is compatible to the neighborhood when you consider the
other businesses that are located there.
May 22, 2007
489
Ms. Wagner stated that their attorney advised when they bought the
property that he did not think there would be a problem with rezoning since the property
was contiguous to another business. She advised that her husband has done a
tremendous amount of work to make this project successful and commissioned Hayes,
Seay, Mattern & Mattern (HSMM) to conduct a traffic study. She advised that the
neighbors' attitude is that they do not want any business located there. She advised
that she thought she could make the business successful with only two stations. She
stated that while the Board should consider the opinions of the other property owners in
this action, the Board should also consider their position because they are Roanoke
County property owners even though they have a Franklin County address. She
advised that if she could sell the property to a homeowner, she would have done that
already.
Supervisor Wray advised that at the public meeting with the citizens, he
thought it was stated that they would need five cosmetologists for the business to break
even. Ms. Wagner advised that she would be happy to have five stations but she does
not want to continue delaying the business. Mr. Wagner advised that it is true that five
stations would be the break-even point for the business; however, they are willing to
reduce the stations to two to avoid more delays. Ms. Wagner advised that they have a
buyer for their other business; however, she plans to continue working and would make
this salon successful with two stations.
490
May 22, 2007
In response to Supervisor Altizer's inquiry about the number of parking
spaces on the original request, Mr. Wagner advised that there were 16 parking spaces.
Ms. Wagner advised that professionals reviewed the site and advised them as to the
number of parking spaces required. Supervisor Altizer advised that since they were
reducing the work force by 60 percent but the parking space by only 10 percent, did
they think that 14 parking spaces was correct. Mr. Wagner advised that he did not think
14 parking spaces was the right number; however, he reasoned that 14 parking spaces
would be enough so that no customer would consider parking on the street which is one
of the concerns of the neighbors. Supervisor Altizer inquired as to the average amount
of time needed per service per station. Ms. Wagner advised that services would
average an hour and a half per station.
Five citizens spoke in opposition to the Board's approval of the rezoning
because of the following concerns: (1) increased traffic onto Colonial Avenue; (2)
transitional neighborhoods with homes should be protected from commercial; (3) move
to commercial degrades the property values; (4) petitioners have been consistent in
their endeavors to do construction changes even after the building permit was revoked;
(5) difficulty of monitoring whether there are eight, five or two stations and enforcement
issues; (6) incompatibility of the proposed use with surrounding neighborhood; (7)
additional traffic generated will limit egress and ingress to the neighborhood; (8)
questions about the independent traffic study conducted on the petitioners' business on
Brambleton Avenue; (9) next-door neighbors of their business on Brambleton Avenue
May 22,2007
491
are unhappy with the overflow parking, and (10) inconsistent with the Colonial Avenue
Corridor Study. The citizens who spoke were: (1) Margaret Sharpe, 3651 Cedar Lane;
(2) Mark Overstreet, 3835 Thompson Lane, advised that he spoke for twenty other
neighbors who could not attend the meeting because of health or time constraints; (3)
Tom Smith, 3721 Colony Lane; (4) Tom Webster, 4714 Colonial Avenue; and (5) Liz
Edlich, 3596 Parkway Drive.
Mr. Wagner advised that a citizen stated that during bad weather, they
only have access to two roads into the neighborhood, and he advised that during bad
weather, the salon would be closed. Mr. Wagner advised that they have an extremely
good relationship with the neighbors of their business on Brambleton Avenue. He
advised that they had no control over the traffic study completed by HSMM the week
before Easter, and that every station at their salon was working except one. He advised
that if you interpret the traffic study, it indicates that the amount of extra traffic generated
by two stations would be insignificant.
In response to Supervisor Wray's inquiry, Mr. Wagner indicate that the
hours of operation for the salon are proffered to be 9:30 a.m. until 8:30 p.m., Monday
through Saturday.
Supervisor Wray advised he was not gOing to consider the issue of
whether the work permit for the residence was properly followed because County staff
has the responsibility for monitoring and enforcing those permits. He advised that he
was considering whether the salon was compatible with the neighborhood. He advised
492
May 22, 2007
that there are 285 to 300 homes in the Green Valley neighborhood; that there are three
entrances off a road with tremendous traffic; and that the two entrances along the
subdivision are heavily utilized for ingress and egress for the neighborhood. Supervisor
Wray advised that he felt the project was incompatible with the neighborhood. He
stated that the already heavy traffic on Colonial Avenue and the additional traffic to be
generated by the salon were issues to be considered. Supervisor Wray advised that he
does not think this is the right type of business for this area, and he would like to move
denial of approval of the rezoning. He asked for clarification from Mr. Mahoney on the
appropriate vote on a motion to deny.
Mr. Mahoney advised that on a motion to deny, a "yes" vote would be a
vote to deny the action. He advised that if the vote to deny failed, it would be necessary
to take a second vote to approve.
Supervisor Church advised that one of the speakers mentioned his
support in adopting the Colonial Avenue Corridor Study into the County's Community
Plan in 2000. Supervisor Church advised that although he would like to support the
petitioners, he needed to support the neighbors who have their futures in their homes.
He noted that it would take a substantial change in the objections to this project for him
to change his vote. He advised that he had to be consistent with his vote in 2000, and
he would not support approval of the rezoning.
Supervisor Altizer advised that even with two stations, he still has a
problem with 14 parking spaces and he is also concerned about stormwater
May 22, 2007
493
management issues. He advised that he voted against this petition last year and he has
heard nothing at this meeting to alleviate his previous concerns. He noted that as part
of the proffered conditions, citizens would not be allowed to use Green Valley Drive;
however, he felt that citizens would use the easiest route to get onto Colonial Avenue
where traffic would be an issue. He advised that he would support the motion to deny
because he does not see significance difference in this petition from the one presented
last year.
Supervisor Wray moved to deny the rezoning. The motion carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
ORDINANCE 052207-10 TO DENY REZONING 0.369 ACRES
FROM R-1, LOW DENSITY RESIDENTIAL DISTRICT, TO C-1,
OFFICE DISTRICT, WITH CONDITIONS, FOR THE OPERATION
OF A BEAUTY SALON LOCATED AT 3722 COLONIAL AVENUE
(TAX MAP NO. 77.18-3-31), CAVE SPRING MAGISTERIAL
DISTRICT, UPON THE APPLICATION OF RICHARD AND JUDY
WAGNER
WHEREAS, the first reading of this ordinance was held on April 24, 2007, and
the second reading and public hearing were held May 22, 2007; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on May 1, 2007; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
On motion of Supervisor Wray to deny the rezoning, and carried by the following
recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
494
May 22,2007
3. Second readina of an ordinance to rezone 0.844 acres from C-2C.
General Commercial District with Conditions. to C-2. General
Commercial District. to remove proffered conditions on property
located near the 8000 block of Plantation Road. upon the petition
of Jatin Patel. Hollins Maaisterial District. (Philip Thompson.
Deputy Director of Plannina)
0-052207 -11
Mr. Thompson advised that this petition is a request by Mr. Patel to rezone
0.844 acre to remove the existing proffered conditions. He stated that the subject
property was rezoned in December 1988 to allow the construction of a motor vehicle
service center. The 1988 rezoning was approved with the following six conditions: (1)
Site will be developed in substantial conformity with concept plan. (2) Facility will not be
used for vehicle painting, upholstering, major repairing, rebuilding, reconditioning, body
and fender work, or repairing or overhauling of trucks exceeding 10,000 Ibs. gross
weight . (3) There will be no overnight outside parking of inoperative or junk vehicles.
(4) Petitioner will install and maintain Type D screening as recommended by County
staff. (5) Petitioner will install outside lighting in accordance with recommendations and
approval of County staff. (6) Total signage will not exceed 180 square feet. No
temporary or portable signs or billboards shall be permitted on the property.
Mr. Thompson advised that the surrounding zoning was C-2, General
Commercial, and the surrounding land uses are commercial or vacant uses He noted
May 22,2007
495
that the proposal is consistent with the policies and guidelines of the Community Plan
and the site has ample space to conform to all applicable development regulations. He
advised that the Planning Commission held a public hearing on May 1, 2007, and there
were no citizens who requested to speak. The Planning Commission recommended
approval of the rezoning by a vote of three to zero
Sean Horne, Balzer and Associates, advised that he was representing Mr.
Patel, and this is a request to remove the proffered conditions which were placed on the
property when it was surrounded by residential property. He noted that this is no longer
the case and the property is surrounded by commercial zoning.
There were no citizens present to speak on this issue.
Supervisor Flora advised that during the past nineteen years, there has
been a huge amount of commercial developments along Plantation Road and it has
now become a C-2 area. He advised that he has no objections to removing the
conditions.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
496
May 22,2007
ORDINANCE 052207-11 TO REZONE 0.844 ACRES FROM C-2C,
GENERAL COMMERCIAL DISTRICT WITH CONDITIONS, TO C-
2, GENERAL COMMERCIAL DISTRICT, TO REMOVE
PROFFERED CONDITIONS ON PROPERTY LOCATED NEAR
THE 8000 BLOCK OF PLANTATION ROAD (TAX MAP NO.18.18-
2-3), HOLLINS MAGISTERIAL DISTRICT, UPON THE
APPLICATION OF JATIN PATEL
WHEREAS, the first reading of this ordinance was held on April 24, 2007, and
the second reading and public hearing were held May 22,2007; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on May 1, 2007; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing
0.844 acres, as described herein, and located near the 8000 block of Plantation Road,
south of the intersection of Plantation Road and Interstate 81 (Tax Map Number 18.18-
2-3) in the Hollins Magisterial District, is hereby changed from the zoning classification
of C-2C, General Commercial District with conditions, to the zoning classification of C-2,
General Commercial District.
2. That this action is taken upon the application of Jatin Patel.
3. That this property was rezoned in December of 1988 to construct a motor
vehicle service center with the following conditions which the Petitioner has requested
be REMOVED:
(1) Site will be developed in substantial conformity with concept plan.
(2) Facility will not be used for vehicle painting, upholstering, major
repairing, rebuilding, reconditioning, body and fender work, or repairing
or overhauling of trucks exceeding 10,000 Ibs. gross weight.
(3) There will be no overnight outside parking of inoperative or junk
vehicles.
(4) Petitioner will install and maintain Type D screening as recommended
by County staff.
(5) Petitioner will install outside lighting in accordance with
recommendations and approval of County staff.
(6) Total signage will not exceed 180 sq. ft. No temporary or portable
signs or billboards shall be permitted on the property.
4. That said real estate is more fully described as follows:
0.844 acre parcel located near the 8000 block of Plantation Road and
south of the Intersection of Plantation Road and Interstate 81 and further
described as Tax Map No. 18.18-2-3.
May 22,2007
497
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
4. Second readinQ of an ordinance to rezone 25.3 acres from R-1.
Low Density Residential. to PTD. Planned TechnoloQY District.
and to amend the covenants. conditions. and Master Plan on
454.25 acres zoned PTD. Planned TechnoloQY District. at the
Center for Research and Tect:!nolQgy (CRT). located near the 5300
block of Glenmarv Drive. upon the petition of the Roanoke County
Board of Supervisors. Roanoke County Economic Development
Authority. Novozymes BioloQicals. Inc.. and Tecton Products.
LLC. Catawba MaQisterial District. (Philip Thompson. Deputy
Director of PlanninQ)
0-052207 -12
Mr. Thompson advised that this request is to rezone approximately 25.3
acres from R-1, Low Density Residential, to PTD, Planned Technology District, and to
amend the covenants, conditions and master plan on 454.25 acres zoned PTD. He
stated that in 1999 the County rezoned approximately 457 acres of property along
Glenmary Drive from R-1, Low Density Residential, to PTD, Planned Technology
498
May 22, 2007
District, to establish the Center for Research and Technology (CRT). As part of the
rezoning process a master plan and design guidelines/protective covenants were
developed and became proffers associated with the development. Mr. Thompson
advised that since 1999, the County's Economic Development Authority (EDA) has
purchased an adjacent piece of property approximately 25.3 acres.
Mr. Thompson advised that in 2006 the County hired Hill Studio to review
and update the CRT master plan and design guidelines/protective covenants with the
assistance of the staffs of the Economic Development and Community Development
Departments. The Design Review Team for CRT was involved in the process and has
endorsed the revised master plan and guidelines. He reported that a community
meeting on the revised master plan and guidelines was held on January 25, 2007, at
the Spring Hollow Water Treatment Building, and a work session with the Planning
Commission was held on February 20, 2007.
Mr. Thompson advised that the revised master plan covers five properties
which total approximately 479.55 acres and was developed to identify sites that could
accommodate 75,000 square foot buildings which could be expanded to 150,000
square feet. He stated that six parcels have been illustrated on the master plan along
with the circulation system and existing buildings, and these parcels can be subdivided
into smaller parcels based on a company's needs. The parcels range in size from 23 to
161 acres and provide building pad areas ranging in size from 4 to 18 acres. Mr.
Thompson advised that a recreational area is also proposed around the existing pond
May 22, 2007
499
and a new stormwater management lake. He stated that a 100-foot buffer is shown
along the north, south and west property lines, and a 300-foot buffer along the eastern
property line abutting Glenvar Heights Boulevard. Development along these buffer
areas shall minimize impacts from noise, lighting, loss of vegetation and hours of
operation.
Mr. Thompson advised that a revised set of development
guidelines/protective covenants were developed as part of this project. The
guidelines/covenants that were part of the rezoning in 1999 were confusing and difficult
to utilize. The revised guidelines generally keep to the spirit and intent of the original
guidelines. Mr. Thompson advised that the guidelines are divided into three articles as
follows: (1) Article I includes the purpose, definitions, and permitted uses in CRT. (2)
Article II discusses the Design Review Team's appointment and procedures, the project
review process and procedures, and enforcement of the covenants. (3) Article III lists
the development and design standards for CRT. These standards address site
development, buildings including location, height, and design, parking and loading
areas, utilities, waste, lighting, accessory structures, landscaping, signs, transportation
elements, temporary construction structures and utilities, and design and maintenance
of common public areas. He reported that palettes dealing with lighting, landscaping,
and signage have also been incorporated into this section of the guidelines to provide
graphic examples of the existing development at CRT and what future development
should emulate in site development and design.
500 May 22, 2007
Mr. Thompson advised that the primary access to CRT is from Glenmary
Drive. A variety of internal access roads are shown on the master plan to provide
access throughout the park. He stated that a potential secondary access from the Dow
Hollow corridor was shown on the original master plan from 1999, and the Board
consequently adopted a centerline for this proposed roadway. The revised master plan
shows an alternative location for the last portion of this secondary access. Future
detailed engineering will determine the exact location of this potential roadway.
Mr. Thompson advised that the properties associated with this request are
designated Principal Industrial on the future land use map in the 2005 Community Plan.
He stated that principal industrial areas are existing and planned regional employment
centers and are distributed throughout the County, convenient to major residential areas
and suitable highway access. This project is consistent with the future land use
designation. He stated that development of the CRT is also compatible with the goals,
objectives and implementation strategies listed in the Economic Development Plan
component of the Community Plan.
Mr. Thompson advised that the Planning Commission held a public
hearing on May 1, 2007, and one citizen requested that the Planning Commission delay
action on this request until the citizens along Prunty Drive had more information. Doug
Chittum, Director of Economic Development, met with those citizens on May 8, 2007.
Mr. Thompson advised that the Planning Commission recommended approval of the
May 22,2007
501
rezoning request and amending the covenants, conditions, and master plan by a vote of
three to zero.
Mr. Chittum, speaking for the petitioners, advised that CRT is the
centerpiece of the County's economic development efforts and development started
approximately nine months ago. He reported that Thompson Litton, an engineering firm
with experience in developing parcels with challenging terrain in an environmentally
sensitive manner, was chosen to work on the master plan. He advised that there are
two tenants located in the CRT, and they are attempting to determine future
development. Mr. Chittum advised that this has been a team effort with the planners,
Design Review Team, and citizens being involved in the process. He stated that the
EDA which purchased 25 acres approximately two years ago on Prunty Drive was also
involved in the process.
Mr. Chittum advised that he met with approximately 20 residents of Prunty
Drive to provide them with an over-all view of the process, and he felt that this was a
good opportunity to develop a relationship with the residents. Mr. Chittum stated that
the master plan is a road map to maximize the value of the property and make it suitable
for the needs of the prospects who want to locate in the Roanoke Valley. He reported
that the plan offers more flexibility than multiple districts and anything that could be
developed in multiple districts would fit into this one district with one set of rules instead
of multiple rules.
502
May 22, 2007
Mr. Chittum advised that there are four or five houses on Prunty Drive that
adjoin or are located close to the 25 acres of land purchased by the EDA. He reported
that the citizens on Prunty Drive had questioned why there was a 100 foot buffer around
three sides of the CRT and a 300 foot buffer on the Glenvar Heights side. Mr. Chittum
advised that he had to research the question and found that there is a creek on the
Glenvar Heights side which is in the 300 foot buffer. He advised that the 300 foot buffer
was used to keep development on the other side of the creek; however, the buffers for
the other three sides were set at 100 feet. Mr. Chittum advised that when the EDA
purchased the 25 acres, they decided to maintain the 100 foot buffer around the
property to be consistent. Since the citizens had expressed the desire for a wider buffer
than was shown at the community meeting, Mr. Chittum advised that Hill Studios
suggested there could be a wider buffer. However, Mr. Chittum stated that they
preferred to keep the buffers at 100 feet to be consistent because if a 300 foot buffer
were used, it would eliminate one-third of the flattest and most developable site in the
park. Mr. Chittum suggested that a compromise to increasing the buffers would be for
the County to provide more landscaping before grading or selling the site by under
planting the existing canopy of mature trees with a number of species that will thrive in a
woodland environment and virtually block the views to future development with a thick
understory.
May 22,2007
503
Ms. Sharon Lamar, 5808 Prunty Drive, advised that the citizens
appreciated meeting with Mr. Chittum and they gained a better understanding
concerning the 25 acres of property. She advised that one of the citizens' biggest
concerns was the 300 foot buffer; however, she stated that Mr. Chittum's suggestion of
adding extra landscaping to the buffers would be acceptable to the citizens.
Supervisor Church expressed appreciation to Ms. Lamar for her
perseverance in waiting to speak to the Board on this subject. He advised that this is a
very important piece of property and they need to consider CRT as more than just an
economic development site. He advised that CRT will be a gateway to Roanoke County
from the west and they do not want to haphazardly develop it. He believes that the
Board and staff will develop the CRT as proposed in the master plan, and advised that
communication and input from citizens contributes to making every project better.
Supervisor Church advised that the Board recognizes that development of
the CRT will help attract the type of jobs that are necessary to keep people in the area,
and the process of holding public meetings to obtain citizens input is necessary and
beneficial. He advised that at the proper time, he would move approval of the rezoning.
Supervisor McNamara advised that he also would like to commend staff
for working with the neighboring residents to create an environment that everyone can
be proud of and that fits in well with the surroundings.
504
May 22, 2007
Supervisor Church moved to adopt the ordinance with the
recommendation that the additional landscaping of the buffers as suggested by staff be
implemented. The motion carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
ORDINANCE 052207-12 TO REZONE 25.3 ACRES FROM R-1,
LOW DENSITY RESIDENTIAL, TO PTD, PLANNED
TECHNOLOGY DISTRICT, AND TO AMEND THE COVENANTS,
CONDITIONS, AND MASTER PLAN ON 454.25 ACRES ZONED
PTD, PLANNED TECHNOLOGY DISTRICT, AT THE CENTER
FOR RESEARCH AND TECHNOLOGY (CRT), LOCATED NEAR
THE 5300 BLOCK OF GLENMARY DRIVE, UPON THE PETITION
OF THE ROANOKE COUNTY BOARD OF SUPERVISORS,
ROANOKE COUNTY ECONOMIC DEVELOPMENT AUTHORITY,
NOVOZYMES BIOLOGICALS, INC., AND TECTON PRODUCTS,
LLC, CATAWBA MAGISTERIAL DISTRICT
WHEREAS, the first reading of this ordinance was held on April 24, 2007, and
the second reading and public hearing were held May 22,2007; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on May 1, 2007; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing
25.3 acres and described as Tax Map Number 63.00-01-01, in the Catawba Magisterial
District, is hereby changed from the zoning classification of R-1, Low Density
Residential District, to the zoning classification of PTD, Planned Technology District.
2. That this action is taken upon the application of the Roanoke County
Economic Development Authority.
3. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia,
hereby accepts:
The Development Guidelines and Protective Covenants, Roanoke County Center
for Research & Technology, dated 3-9-07.
May 22,2007
505
4. That the petition of the Board of Supervisors of Roanoke County,
Novozymes Biologicals, Inc. and Tecton Products, LLC to amend the covenants,
conditions, and Master Plan on the 454.25 acres zoned PTD, Planned Technology
Development set out in detail in Exhibit A in Ordinance No. 042799-10, be, and hereby
is approved; and
5. That the owners of the 454.25 acres of property described as Tax Map
No. 54.00-01-2.00 containing 404.31 acres; Tax Map No. 64.01-05-02 containing 13
acres; Tax Map No. 64.01-05-01 containing 16.94 acres; and Tax Map No. 54.00-01-
02.01 containing 20 acres have voluntarily proffered in writing the following AMENDED
conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts:
The Development Guidelines and Protective Covenants, Roanoke County Center
for Research & Technology, dated 3-9-07.
6. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Church to adopt the ordinance with the recommendation
that the additional landscaping of the buffers as suggested by staff be implemented
The motion carried 'by the following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
5. Second readina of an ordinance to increase the salaries of the
members of the Board of Supervisors of Roanoke County
pursuant to Section 3.07 of the Roanoke County Charter and
Section 15.2-1414.3 of the Code of Virainia. (Paul M. Mahoney.
County Attorney)
0-052207 -13
Mr. Mahoney advised that this is the advertised public hearing and second
reading of an ordinance to increase the Board members' salaries by 3.5 percent. He
stated that this ordinance also provides a supplement or additional annual
506
May 22, 2007
compensation for both the Chairman and Vice-Chairman. He reported that this increase
would result in each Board member receiving an additional sum of $539.30 per year.
Supervisor Church asked Mr. Mahoney to confirm that the increase of
$539.30 was per year and not per week or month. Mr. Mahoney confirmed that the
increase was per year.
There were no citizens present to speak on this item.
Supervisor Altizer moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
ORDINANCE 052207-13 TO INCREASE THE SALARIES OF THE
MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE COUNTY
CHARTER AND SECTION 15.2-1414.3 OF THE CODE OF VIRGINIA
WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for
the compensation of members of the Board of Supervisors and the procedure for
increasing their salaries; and
WHEREAS, Section 15.2-1414.3 of the 1950 Code of Virginia, as amended,
establishes the annual salaries of members of boards of supervisors within certain
population brackets; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has
heretofore established the annual salaries of Board members at $15,408.64 by
Ordinance 062706-10 and further has established the additional annual compensation
for the chairman for the Board to be $1,800 and for the vice-chairman of the Board to be
$1,200; and
WHEREAS, this section provides that the maximum annual salaries therein
provided may be adjusted in any year by an inflation factor not to exceed five (5%)
percent; and
May 22, 2007
507
WHEREAS, the first reading of this ordinance was held on May 8, 2007; the
second reading and public hearing was held on May 22, 2007.
NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, that the annual salaries of members of the Board of
Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of
3.5% pursuant to the provisions of Section 3.07 of the Roanoke County Charter and
Section 15.2-1414.3 of the 1950 Code of Virginia, as amended. The new annual
salaries shall be $15,947.94 for members of the Board. In addition, the chairman of the
Board will receive an additional annual sum of $1,800 and the vice-chairman of the
Board will receive an additional sum of $1 ,200.
This ordinance shall take effect on July 1, 2007.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Flora: He advised that several months ago, the Virginia
Department of Transportation (VDOT) was contacted about installing a sign at the
intersection of Goff Road and Webster Drive. He reported that a sign was installed;
however, VDOT failed to install a sign at the other end of the intersection and this past
week, a citizen drove into a yard again. He requested that staff contact VDOT to get
this situation corrected. Mr. Hodge advised that staff would contact VDOT.
Supervisor Wrav: (1) He advised that he attended a community meeting
last night concerning the South County Library and was informed of citizens' concerns
about Meadowlark Road. He reported that the citizens feel that slurry pavement is not
the best application, and they are concerned about speeding as well as increased traffic
from the new library. He requested that Mr. Hodge and staff contact VDOT and the
citizens to determine if some type of traffic calming or monitoring can be done in the
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May 22, 2007
area. He asked that he be kept informed of progress on this request. Mr. Hodge
advised that staff will review the situation. (2) He advised that he made a tough
decision this past week to not seek re-election to the Board of Supervisors. He advised
that this decision was made due to work related situations, the fact that he feels the
supervisor's responsibilities are full-time and not part-time, and the desire to spend
more time with his family. He expressed appreciation to the citizens and fellow Board
members for their support and advised that he will remain in office until the end of
December.
Supervisor Church: (1) He advised Supervisor Wray that if this were
Supervisor Wray's last day on the Board, he would make additional comments.
However, he advised Supervisor Wray that the game is not over and there are many
opportunities to accomplish good things. (2) He wished Mr. Hodge "good luck" and
"God take care of you". (3) He expressed appreciation to the Board members, Mr.
Hodge, Ms. Hyatt, and staff for their support to secure funding for an A&E study of the
Glenvar Library.
IN RE:
ADJOURNMENT
Chairman McNamara adjourned the meeting at 9:35 p.m.
Submitted by:
Approved by:
~ ~. J.#u~
Brenda J. H Iton, CMC
Clerk to the Board
eph P. McNamara
airman