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4/22/2008 - Regular April 22, 2008 291 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 April 22, 2008 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 April, 2008. IN RE: CALL TO ORDER Chairman Flora called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard C. Flora, Vice-Chairman Michael W. Altizer, Supervisors Joseph B. "Butch" Church, Joseph P. , McNamara, Charlotte A. Moore 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; Wanda G. Riley, Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Pastor Greg Irby, Temple Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: NEW BUSINESS 1.: Reauest to adopt the Roanoke County School budaet for fiscal year 2008-2009. (Jerry Canada. School Board Chair: Lorraine 292 April 22, 2008 Lanoe. School SUDerintendent: and Penny Hodae. Assistant SUDerintendent of Finance) A-042208-1 Mr. Canada advised the Board that he is thankful for the great relationship between the two Boards. He advised that this has been a good budget year, and the schools will be able to repair much of the infrastructure. He thanked the Board for allowing the schools to keep their year-end funds which will go towards the schools and capital outlay. Dr. Lange advised that citizens and employees have thanked the School Board for the upcoming budget, and she stated that it is because of the great working relationship with the Board of Supervisors. Ms. Hodge advised that the schools' budget for fiscal year 2008-2009 is $171,573,289. She stated that state funding for the school system is 56 percent of the budget which is an increase of $8.7 million. She explained that this is due to re- benchmarking and lowering of the local composite index. She stated that this is the first year of the biennium, and the first year is usually a very good year. She advised that federal and other aids remain less than one percent, and County taxes funded the remaining 43 percent of the school budget. She stated that recent enrollment increases over the past five to six years have stabilized. However, she advised that sales tax collection continues to lag not only in Roanoke County but across the state. She stated that the budget includes a salary increase of four percent plus one percent market April 22, 2008 293 adjustment for teachers, four percent for administrators, and four percent plus market adjustment for classified employees, specifically instructional assistants, nutrition and custodial workers, and secretaries. She noted there are significant increases in fuel costs and utility costs, as well as $200,000 for the laptop program. She stated that $300,000 has been added to the Capital Improvement Program which the schools partner with the County, and this will allow the schools to begin renovations at William Byrd High School. Ms. Hodge stated that debt service will allow the schools to renovate four elementary schools. She advised that the School Board is searching for architectural services for Mt. Pleasant, Masons Cove, Cave Spring, and Green Valley elementary schools and renovations will begin over the next couple of years. Ms. Hodge stated that the state retirement and life insurance rates reduced this year, and the reduction more than covered the 3.5 percent increase in the health insurance for employees. She explained that in the prior year, those two costs combined for a $2 million increase in last year's budget. She advised that the schools had revenues coming through and expenditure reductions; and those combined allowed the schools to do a lot with the budget this year that they do not typically have the opportunity to do. Supervisor Flora commended the School staff and the School Board on the budget for the upcoming year. 294 April 22, 2008 Supervisor Flora moved to approve the staff recommendation (approve and adopt the school board budget for fiscal year 2008-2009). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 2. Reauest to approve fiscal year 2008-2009 Roanoke Vallev Television (RVTV) budaet. (Elaine Bavs. Cable Access Director) A-042208-2 Ms. Bays advised that Roanoke County, the City of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV, Channel 3). She stated that the initial equipment and facility for the television studio were funded through a capital grant from Cox Communications and that the station is located at the Jefferson Center, and currently employs five full-time staff members. She advised that the staff produces original video productions, monthly television shows, and covers live government meetings for the local governments and their school systems. She stated that programming is cablecast on Cox Communications, Channel 3, and Comcast, Channel 3, in the West County area. Ms. Bays advised that RVTV is governed by the Roanoke Valley Regional Cable Television Committee, and that Supervisor Altizer is the Board representative, Dan O'Donnell is the County representative, and David Jones is the member at-large. She explained that the operational budget for RVTV is provided by the three April 22, 2008 295 governments, based on the proportion of Cox customers located in each jurisdiction. She stated that Roanoke County's share of the cable budget is 47 percent which is a 4 percent increase from the previous year. She advised that Cable Television Staff is carried on the County's payroll and benefits system and will receive the same salary increase as County employees. Ms. Bays stated that during fiscal year 2007-2008, Roanoke Valley Television produced a total of 113 video productions for the three localities and their school systems. She advised that RVTV produced 28 half-hour television shows, 26 original video productions, and covered 23 live Board meetings. She stated that RVTV monthly television shows include "Roanoke County Today," which highlights local government issues and events, and "Accent Excellence," for the Roanoke County School System. She explained that RVTV also produces two quarterly TV shows, "Roanoke County Business Partners," and "REConnection." She explained that the approximate rate for video production in the private sector is $1,500 per finished minute, and RVTV produced 945 Minutes (15 Hours and 45 Minutes) of original programming and television shows for the County. She advised that the total RVlV budget request is $353,767 of which Roanoke County's share is 47 percent, or $166,270. She stated that this is a $20,194 increase from last year's budget, and reflects the increase of subscribers from 43 percent to 47 percent. She stated that the increase in the entire budget amount excluding personal services (VRS, health insurance, salaries etc.) is $2,759. She 296 April 22, 2008 advised that the total Virginia communications sales and use tax revenue paid by Cox Communications to Roanoke County last year was $908,846. Supervisor Altizer thanked Ms. Bays and her staff for the great job they do and stated that the staff is frugal with their budget. Supervisor McNamara stated that he is impressed with the quality of productions and finds the shows interesting. He asked Ms. Bays if there is any turn- over in personnel or if the staff is being reclassified. Ms. Bays advised that the RVTV staff was reclassified two years ago, and they also qualify for performance merit increases since they are part of the County payroll system. Supervisor Church stated that each member of the RVTV staff is willing to help the Board and the citizens. He stated that RVTV plays a major role in getting information to the citizens of the County who are not able to attend Board meetings. Supervisor Altizer moved to approve the staff recommendation (approve and adopt the RVTV budget for fiscal year 2008-2009). The motion carried by the following recorded vote: April 22, 2008 297 AYES: NAYS: Supervisors Moore, Church, Altizer, McNamara, Flora None 3. Reauest to aDDrove the Roanoke Reaional AirDort Commission Budaet for fiscal year 2008-2009. (Diane Hvatt. Chief Financial Officer. and Dan Neel. Director of Finance and Administration. Roanoke Reaional AirDort Commission) R-042208-3 Ms. Hyatt advised that the Roanoke Regional Airport Commission is required to submit their budget to the Roanoke County Board of Supervisors and the Roanoke City Council for approval each year before it can be formally adopted by the Commission. She stated that the Commission is submitting a balanced budget that does not require a supplement from the County. She advised that the budget reflects expenditures of $8,618,338 and a capital budget of $2,225,000. She explained that the County completed their commitment to the Airport Commission in June 1996 when its final payment was made to them and since that time they have been self supporting. Mr. Neel advised that the proposed budget meets the bond debt service without requiring additional funding from either Roanoke City or Roanoke County. He explained that most of the increase in this year's budget is for capital projects and those are primarily being paid for with state funds. Supervisor McNamara stated that there has not been a problem with the Airport Commission budget; however, on the presentation the amended budget was 298 April 22, 2008 compared to next year's budget. He asked if the County approved the amended budget. Mr. Neel stated that it was amended, and both the original budget and the amended budget were balanced, but that he did not know if the amended budget was ever presented to the County for approval. Supervisor McNamara stated that he thought the Board should have been presented last year's budget and this year's budget to compare the change. In answer to an inquiry from Supervisor McNamara, Ms. Hyatt stated that the reason the budgets are approved is because the County and the City are morally obligated for any deficits in the airport's operation, and the County has not been approving any amendments to the budget as long as there are no additional liabilities to the County. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 042208-3 APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FY 2008-2009, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.8 of the Roanoke Regional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated March 26, 2008, a copy of which is on file in the office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport Commission has submitted a request that the County approve the FY 2008-2009 budget of the Roanoke Regional Airport Commission. April 22, 2008 299 THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the FY 2008-2009 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the March 26, 2008, report of the Commission Executive Director, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 4. Reauest to adoot ! resolution in suooort of the Western Virainia Reaional Jail Authority's aoolication for certain Virainia Retirement System benefits. (Diane Hyatt. Chief Financial Officer) R-042208-4 Ms. Hyatt advised that the Western Virginia Regional Jail Authority (WVRJA) is in the process of establishing its own retirement account with Virginia Retirement System (VRS). She stated that the County of Roanoke serves as fiscal agent for the WVRJA, and currently the nine employees of the WVRJA are included on the County's VRS reporting, and a separate VRS account is being established for the WVRJA effective July 1, 2008, in preparation for the mass hiring that will occur later this year. Ms. Hyatt advised that at their meeting of April 3, 2008, the WVRJA adopted the necessary resolutions to establish the following VRS benefits for the WVRJA employees, effective July 1, 2008: (1) the basic VRS joining resolution, including group life insurance and the Section 138 coverage (enhanced LEOS benefit); 300 April 22, 2008 (2) the optional 1.85 increased multiplier for Section 138 covered employees; and (3) the optional health insurance credit (for up to $45 per month benefit) Ms. Hyatt explained that these benefits are consistent with those received by all of the Sheriff's departments from the member localities, except the City of Salem who currently has not approved the1.85 increased multiplier; however, they are planning to adopt it effective July 1, 2008. Ms. Hyatt advised that State code requires each of the member jurisdictions of a regional jail adopt a resolution concurring with the VRS benefits selected by the regional jail, and it is requested that the Board adopt a resolution concurring with the VRS benefits selected by the regional jail. She stated that Montgomery and Franklin Counties have already adopted the resolution, and the City of Salem will consider the resolution at their meeting on Monday, April 28, 2008. Supervisor McNamara asked how much of the 18.2 percent of the VRS contribution is the employee portion. Ms. Hyatt stated that 5 percent is the employee portion, but it is an option in Virginia that the locality can pay the employee portion ,and the County pays that portion for the employee contribution. She also advised that the VRS rate for the WVRJA is higher than the County's rate since most all WVRJA employees will quality for a supplemental LEOS benefit upon retirement. April 22, 2008 301 Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 042208-4 SUPPORTING THE VIRGINIA RETIREMENT SYSTEM SELECTIONS APPROVED BY THE WESTERN VIRGINIA REGIONAL JAIL AUTHORITY WHEREAS, the County of Roanoke, Virginia is a member of the Western Virginia Regional Jail Authority; and WHEREAS, the Western Virginia Regional Jail Authority recently passed resolutions to (a) join the Virginia Retirement System, including group life insurance and the Section 138 coverage, (b) provide the optional increased retirement multiplier for Section 138 covered employees, and (c) the optional health insurance credit (for up to $45/month benefit); and WHEREAS, Virginia law requires the members of an authority to adopt a resolution concurring with and supporting an authority's adoption of resolutions. NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Roanoke, Virginia, that the Board of Supervisors concurs with and supports the adoption by the Western Virginia Regional Jail Authority of all three resolutions, namely the resolution to join VRS for basic coverage, Section 138 coverage, and group and life insurance; the resolution to provide optional increased retirement multiplier of 1.85 percent for Section 138 covered employees; and the resolution to provide optional health insurance credit. This resolution shall be effective from and after the date of its adoption. 302 April 22, 2008 On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 5. Reauest to adopt! resolution initiatina an amendment to Section 30-91-2. General Reaulations for Parkina. of the Roanoke County Zonina Ordinance to modify provisions relatina to parkina of recreational vehicles. boats. and utilitv trailers on corner lots. (Philip Thompson. Deputv Director of Planninal R-042208-5 Mr. Thompson advised that at the April 8, 2008, Board meeting several board members expressed an interest in amending the zoning ordinance relating to parking of recreational vehicles and trails on corner lots. He explained that currently the zoning ordinance allows parking on the side and rear of property only. He advised that the problem with corner lots is that there are two side-yard set backs and this limits where these vehicles can be parked. He stated that to initiate amending the zoning ordinance, the Board would have to adopt a resolution. He explained that once the resolution is adopted, the staff will work with the Planning Commission to develop a proposed amendment and go through the public hearing process, which is anticipated to be held in July 2008. Supervisor Altizer stated that the way the proposed resolution is written, a 40-foot mobile home could be parked in the front yard in a driveway on a corner lot. Mr. Thompson stated that the intent will be that the side the front door faces would be April 22, 2008 303 considered the front, and the other side would be considered the side street and where these vehicles would be parked. Supervisor Altizer stated that he interpreted the proposed resolution which states that "the Roanoke County Zoning Ordinance is hereby initiated in order to allow for the parking of recreational vehicles, boats, and utility trailers within the front and side yard setbacks of corner lots" to mean vehicles can be parked on either the front or the side. He asked the County Attorney for an interpretation. Mr. Mahoney stated that the Board and the Planning Commission had some concerns about this issue when it was brought up several years ago. He explained that he drafted a generic board report to commence the process, and request the Planning Commission study the issue and provide several options or alternatives that would address the corner lot situation. However, he stated that it is not the intent to park recreational vehicles in the front yard. He stated that this amendment will be brought back to the Board for final approval. Supervisor Church stated that it was his understanding that the proposed resolution is to begin the study process and is not changing or modifying the ordinance at this time. Mr. Thompson stated that the staff will work with the Planning Commission on several alternatives which will be brought to the Board. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: 304 April 22, 2008 AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 042208-5 INITIATING AN AMENDMENT TO SECTION 30-91-2, GENERAL REGULATIONS FOR PARKING, OF THE ROANOKE COUNTY ZONING ORDINANCE TO MODIFY PROVISIONS RELATING TO PARKING OF RECREATIONAL VEHICLES, BOATS, AND UTILITY TRAILERS ON CORNER LOTS WHEREAS, Section 30-14 of the Roanoke County Code and Section 15.2-2286 of the Code of Virginia provide that whenever the public necessity, convenience, general welfare, or good zoning practice requires, an amendment to the zoning regulations or district maps may be initiated by resolution of the governing body; and WHEREAS, the Board requests this amendment in order to address concerns with respect to the parking of recreational vehicles, boats and utility trailers on corner lots, and to initiate by resolution the procedures to amend these sections of the Roanoke County Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. That an amendment to Section 30-91-2, "General Regulations for Parking", of the Roanoke County Zoning Ordinance is hereby initiated in order to allow for the parking of recreational vehicles, boats and utility trailers within the front and side yard setbacks of corner lots. 2. That this amendment be submitted to the Planning Commission for its review and recommendation, which shall be forwarded to the governing body. Further this amendment shall be scheduled for public hearings before the Planning Commission and Board of Supervisors at the earliest practicable dates consistent with public notices as required by law. 2. That the public necessity, convenience, general welfare, or good zoning practice requires this amendment. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 6. ReQuest ~ the Library for $13.000 in matchina funds to Qualify for ! Gates Foundation Online Opportunity Grant. (Diana Rosapepe. Director of Library Services) April 22,2008 305 A-042208-6 Ms. Rosapepe advised that the Bill and Melinda Gates Foundation has notified Library Services that the Bent Mountain and Mt. Pleasant Branch libraries are each eligible to receive an Online Opportunity Grant to purchase computers and other peripheral equipment. She stated that eligibility was determined by the number of persons living in poverty within the library's service area, the age of existing computer equipment, and the service level offered by the branch. She advised that these are the only two libraries in the system to qualify for the grant. She stated that the Library has received two Gates Foundation grants in the past, but this is the first one to require matching funds. She explained that the grant will be distributed in two parts and requires a local commitment to provide matching funds of 25 percent ($5,200) in the first round and 50 percent ($7,800) in the second, for a total of $13,000. She stated that there are some other contingencies which will need to be met, such as attending workshops and training. She noted that in exchange, the Gates Foundation would provide a grant of $23,400; but, equally important, it will provide staff training and access to the resources of Microsoft which is a significant benefit. Ms. Rosapepe stated that the last two grants Library Services received upgraded the equipment at the Vinton Library, provided a lab experience, and doubled the number of computers. Supervisor McNamara asked if there was room in the Mount Pleasant and Bent Mountain Libraries to hold the new equipment. Ms. Rosapepe stated that Library 306 April 22, 2008 Services has the option to purchase laptops instead of personal computers and other equipment. Supervisor McNamara moved to approve the staff recommendation (appropriate $13,000 in matching funds from the Board's contingency fund). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 7. Approval of an aareement with Wolf Creek. Inc.. Circle C Consultants. Inc.. and various homeowners' associations to resolve disputes concernina the Wolf Creek Planned Community. (Paul Mahoney. County Attorney) A-042208-7 Mr. Mahoney advised that this agreement attempts to address the County's concerns that many of the proffered conditions in the Wolf Creek planned residential development (PRO) were not installed and constructed by the developers. He stated that the staff, with Supervisor Altizer's assistance, has attempted to negotiate a resolution to this problem over the past year. He stated that this agreement is a partial solution, and noted that legal action has recently been filed against some of the other developers in this community as authorized by the Board. He stated that the proposed agreement provides that the developers will install certain amenities; that the developers will pay a sum of money to the homeowner's associations to compensate April 22, 2008 307 them for amenities promised under the PRO, but not installed; that the County will consider amendments to the PRO which will eliminate certain conditions previously accepted; that the developers will complete their work within a strict timetable; that the developers will provide personal guarantees for performance; and that the homeowner's associations agree to and support this agreement. Mr. Mahoney advised that the essential elements are in the agreement; however, some of the language may still have to be modified. He stated that the approach is a little unusual and that it will take fairly extensive work for amendments to the PRO. He stated that the process will have to go through the Planning Commission and the Board and community meetings will be held. He stated that it is anticipated that the amendments will be brought back to the Board in late summer or early fall for approval. He asked for Board approval to the draft agreement and asked for discretionary approval to make minor changes to the agreement that would not change the essential purpose of the agreement and to go forward with the amendments to the PRO. Supervisor Altizer stated that this is probably the best agreement that could be negotiated. He noted that the legal action that has been filed has brought the developer to the negotiating table. Supervisor Altizer moved to approve the staff recommendation (authorize the County Administrator to execute the agreement subject to approval as to form by the County Attorney). 308 April 22, 2008 Supervisor McNamara complimented Supervisor Altizer on his diligence in working through this process. The motion carried by the following recorded vote: Supervisors Moore, Church, Altizer, McNamara, Flora None AYES: NAYS: 8. Authorization to aive notice to the Commonwealth Transoortation Board to oroceed with the abandonment of ! oortion of Northmont Avenue. (Arnold Covey. Director of Community Develooment) A-042208-8 Mr. Covey advised that North Roanoke Baptist Church had petitioned for closure of a portion of Northmont Avenue between Barrens Road and 400 feet west along Northmont Avenue. He stated that North Roanoke Baptist Church has bought adjoining properties to expand their facilities and would like to clear this right-of-way. He stated that staff is requesting that the Board authorize the staff to give notice to the Commonwealth Transportation Board on the intentions to abandon the public right-of- way. Supervisor Flora noted that this begins the process to abandon the right- of-way and that public hearings will be held. Supervisor Flora moved to approve the staff recommendation (authorize the Director of Community Development to give notice to the Commonwealth April 22, 2008 309 Transportation Board of intent to abandon a portion of Northmont Avenue). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 9. Reauest to authorize execution of an updated contract with the Unified Human Services Transportation System. Inc.. to provide the CORTRAN services for Roanoke County for the period March !" 2008 = February 28. 2009. (John M. Chambliss. Assistant County Administrator) A-042208-9 Mr. Chambliss advised that the Unified Human Services Transportation System is better known as RADAR which operates the CORTRAN service for Roanoke County. He stated that the CORTRAN program provides service to qualified County residents during the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and that each passenger pays a fee of $3.50 per one-way trip. He. noted that the current contract with RADAR is $35.50 per hour and the new contract is based on a $37.50 per hour rate, less the fares received. He advised that the CORTRAN service provides curb-to-curb service for qualified County residents to any destination within the outer perimeter of Roanoke County (including points inside the cities of Roanoke and Salem and the Town of Vinton). He stated that the current year's budget includes $380,476 for the County's share of the contract. He noted that the staff of RADAR has been working 310 April 22, 2008 with the State's Department of Rail and Public Transportation to obtain grant monies which will help to offset part of the local costs which helps in providing this service. He stated that it is requested that the contract be approved with the new rates effective March 1,2008. Supervisor Church moved to approve the staff recommendation (authorizing the County Administrator to sign the renewal contract for CORTRAN service based on the $37.50 per hour rate for the March 1, 2008 - February 28, 2009). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READINGS OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Flora moved to approve the first readings and set the second readings and public hearings for May 27, 2008. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Moore, Church, Altizer, McNamara, Flora None .1: The petition of Terry and Tammv Small. DBA 3rd Dav Arcade. to obtain ! Special Use Permit in ! C-2C. General Commercial District with Conditions. to operate an indoor commercial April 22, 2008 311 amusement and Reliaious Assemblv on 3.08 acres located at 6449 Williamson Road. Unit 6435. Hollins Maaisterial District 2. The Detition of Grant Avenue DeveloDment to obtain ~ SDecial Use Permit in ~ C-2. General Commercial District. to oDerate ! drive-in and fast food restaurant on 1.13 acres located on Challenaer Avenue. at Vallev Gatewav Park. Vinton Maaisterial District 3. The Detition of Quarles Petroleum. Inc. to rezone 1.0 acre from 1-2. Industrial District. to C-2. General Commercial District. for the DurDose of constructina an unmanned aasoline station located at 3327 Shawnee Drive. Catawba Maaisterial District 4. The Detition of Liondo. Ltd. to obtain ~ SDecial Use Permit in ~ C- .b. General Commercial District. to oDerate ~ drive-in and fast food restaurant on 0.172 acre located at 4321 Brambleton Avenue. Windsor Hills Maaisterial District 5. The Detition of Dharmendra Patel to rezone 2.5 acres from 1-1. Industrial District. to C-2. General Commercial District. for the DurDose of constructina ~ hotel located at the corner of Plantation Road and Hitech Road. Hollins Maaisterial District 312 April 22, 2008 IN RE: SECOND READING OF ORDINANCES 1. Second readina of an ordinance amendina Section 20-25 "SUDDlemental Collection Service" of ChaDter 20 "Solid Waste" of the Roanoke County Code to Drovide for administrative reaulations as Dart of the County's elimination of decals. (Anne Marie Green. Director. General Services) 0-042208-10 Ms. Green advised that this is the second reading of the ordinance to amend the Roanoke County Code to allow the County Administrator or his designee to administratively set the number of times that a resident may use the residential drop off program at the Tinker Creek Transfer Station. She stated that this is necessitated by changes in procedures due to the ending of the requirement for vehicle decals. She advised that no changes have been made to the ordinance since the first reading of the ordinance and staff recommends approval of the second reading. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 0-042208-10 AMENDING SECTION 20-25 "SUPPLEMENTAL COLLECTION SERVICE" OF CHAPTER 20 "SOLID WASTE" OF THE ROANOKE COUNTY CODE TO PROVIDE FOR ADMINISTRATIVE REGULATIONS FOR THE DISPOSAL OF SOLID WASTE AT THE TRANSFER STATION April 22, 2008 313 WHEREAS, the first reading of this ordinance was held on April 8, 2008; the second reading was held on April 22, 2008. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 20-25 of Article II. Collection by County of Chapter 20. Solid Waste be amended to read and provide as follows: Sec. 20-25. Supplemental collection service. (a) Brush collection. The county provides free brush collection every other week to residential customers. Brush or other yard waste collection service will not be provided to commercial or non-county residential customers. It will be the responsibility of premium and physically-challenged customers to place any brush items at the curb for collection. Brush must be placed as close as possible to the curb line or road and five (5) feet away from any horizontal obstruction and have overhead clearance, such that the operation of the equipment is not impaired or restricted. Such placement shall be made no earlier than the Saturday preceding the scheduled collection and no later than 7:00 a.m. of the day scheduled collection date. (1) Brush resulting from normal property maintenance, may not exceed six (6) feet in length or six (6) inches in diameter. Debris waste and tree stumps will not be collected pursuant to this section. The cuttings and limbs must be placed in a pile not to exceed six (6) by six (6) by six (6) feet in size. (2) Brush cuttings and tree limbs resulting from commercial tree trimming operations (contractor/commercial waste) will not be collected. (3) Brush resulting from land-clearing will not be collected. (b) Yard waste. Residential customers may place small quantities of yard waste in their county-provided containers on their regularly-scheduled collection day. Excess quantities of yard waste must be placed in disposable containers, to include but not be limited to, plastic or paper bags or cardboard boxes and adjacent to the road or curb line for scheduled bulk collection. The disposable containers must be of substantial construction and shall not weigh more than fifty (50) pounds when full. The containerized clippings must be separate from any other bulk or brush items set out for collection. (c) Seasonal collections. For a six-week period, usually beginning with the first Monday in November, bagged leaves will be collected on a weekly basis from all residential customers. The county will not provide vacuum service for the collection of leaves. (1) Leaves must be placed in sturdy, tied, plastic bags within five (5) feet of curb and may not exceed fifty (50) pounds per bag. (2) Christmas trees will be collected separately from other yard waste during a one-week period in January. Trees must be placed within five (5) feet of the curb with all decorations removed so they may be safely mulched. Notice will be provided as to exact collection dates for these services. 314 April 22, 2008 (d) General. Materials resulting from land-clearing operations or commercial yard waste management operations will not be collected pursuant to this section. It will be the responsibility of the contractor or owner to properly dispose of any such materials. (e) Bulk collection. The county provides free collection of bulk items every other week to residential customers. Bulk collection service will not be provided to any commercial customers. It will be the responsibility of premium and backyard service customers to place any bulk items adjacent to the qualified road or curb line for collection. The bulk items must be placed as close as possible to the curb line or road and five (5) feet away from any obstruction. The items must be completely clear of any overhanging wires or branches, in order to be collected. Such placement shall be made no earlier than the Saturday preceding scheduled collection and no later than 7:00 a.m. the day of collection. (1) Pursuant to section 20-1, bulk collection items will be defined as household waste too large or heavy to fit into the automated containers. (2) Residential customers can place no more than a pickup truck size load of bulk for pickup. If it is necessary for the materials to be containerized, the container must be of a disposable nature. (3) Bulk items include materials resulting from normal household activity, including but not limited to, items such as appliances, furniture, four (4) unmounted tires, pallets, bicycles, swing sets (disassembled), lawn furniture, and cardboard moving boxes or other trash resulting from moving. (4) Any material that may be wind blown must be bagged. Any glass items, such as mirrors, windows or shower doors, must be taped and bagged. (5) Excluded items: All prohibited waste, such as construction waste, debris waste, hazardous materials, animal carcasses, automobile parts, propane tanks and riding lawnmowers will be the responsibility of the owner or contractor to properly dispose of. (f) Additional disposal services. County residential customers are entitled to the use of a fourteen-foot "freeloader" at no charge on a "first come, first serve" basis. The freeloader must be scheduled in advance and is to be used during spring cleaning, basement or attic cleaning, or major yard work projects. Use of the freeloader is governed by the following criteria: (1) Residential customers may reserve the freeloaders no more than four (4) times a year. (2) Materials may only be hand loaded (not mechanically) onto the trailer. (3) Small items or any material susceptible to wind must be containerized in some manner, such as bags or boxes. (4) The freeloader will be delivered only to occupied residential homes. Homes currently under construction are not eligible to receive the freeloader. The April 22, 2008 315 freeloader will only be delivered to a safe and easily accessible location determined by solid waste staff. (5) The resident must be home to accept delivery of the freeloader to sign a release liability form. (6) No hazardous materials, debris waste or construction waste shall be placed in freeloader. (7) Permissible items include brush, bulk and yard waste pursuant to section 20-1 . (8) Prior to removal the loads will be inspected and the resident will be required to remove non-approved materials. County residential customers are entitled to haul one (1) pickup truck I03.d of non hazardous household materi3.1 directly to the Tinker Creek Transfer Station per 'Neek. The truck m3.Y be no larger th3.n one (1) ton and must ha'.(e 3. county decal. This service ic for residential customers only. Roofing shingles are not included in this program. This service is at no cost to county residential customers. (g) County residents may take pick-up truck loads of bulk items and brush originating from their residence to the Tinker Creek Transfer Station free of charge. The number of such loads permitted without charge, and other rules and regulations pertaining to removal and disposal of bulk items and brush at the Tinker Creek Transfer Station, shall be in accordance with rules and regulations promulgated by the County Administrator or his designee. In special circumstances upon request, the County Administrator or his designee may issue special dump permits for the disposal of bulk items and brush at the transfer station in addition to the number of loads generally permitted for county residents. 2. That this ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None INRE: APPOINTMENTS .1: Virainia's First Reaionallndustrial Facilities Authoritv Chairman Flora advised that the two-year terms of Doug Chittum, Director of Economic Development, member, and Jill Loope, Assistant Director of Economic Development, alternate member, will expire on June 30, 2008. He stated that Mr. 316 April 22, 2008 Chittum and Ms. Loope have expressed interest in being reappointed for four-year terms. It was the consensus of the Board to place confirmation of the appointments of Mr. Chittum and Ms. Loope on the consent agenda. IN RE: CONSENT AGENDA R-042208-11, R-042208-11.a, R-042208-11.b, R-042208-11.c Supervisor Flora moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 042208-11 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM 1- 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 April 22, 2008 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 - April 8, 2008 2. Acceptance of Cardinal Park Drive into the Virginia Department of Transportation Secondary System 3. Amending and updating resolutions for acceptance of a portion of Broyles Lane, Route 1054 (Hollins Magisterial District) and Wilson Mountain Road, Route 819 (Cave Spring Magisterial District) into the Virginia Department of Transportation Secondary System 4. Confirmation of committee 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. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: April 22, 2008 317 AYES: NAYS: Supervisors Moore, Church, Altizer, McNamara, Flora None RESOLUTION 042208-11.a REQUESTING ACCEPTANCE OF CARDINAL PARK DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition Form LA-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state highways, pursuant to 933.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board hereby agrees to reimburse the Virginia Department of Transportation, within forty five (45) days of being invoiced, for any repairs to the street additions referenced by this resolution, provided the repairs are required because of a fault in workmanship or materials and provided the repairs are initiated during the one year period following the date of this resolution, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote: Moved by: Seconded by: Yeas: Nays: Supervisor Flora None Reauired Supervisors Moore. Church. Altizer. McNamara. Flora None 318 April 22, 2008 RESOLUTION 042208-11.b AMENDING AND UPDATING RESOLUTION FOR ACCEPTANCE OF A PORTION OF BROYLES LANE, ROUTE 1054, HOLLINS MAGISTERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM Broyles Lane, Rte. 1054 From: Existing end of State maintenance Proposed cul-de-sac Length: 0.12 mile To: Guaranteed Right-of-Way Width: 40 feet. Right of Way April 22, 2008 319 Instrument Reference or Instrument #: 200611209 and Date Recorded: Julv 11. 2006 BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said im rovements with the followin funds; Source of Funds Roanoke Count Seconda Six Year State Funds Amount $ 80,864.00 BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of receiving an invoice, all costs that the Virginia Department of Transportation incurs to relocate existing utilities within the right of way that are discovered during the course of and in conflict with the construction, drawing such funds from resources other than those administered by the Department; and BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of receiving an invoice, all costs that the Virginia Department of Transportation incurs in the construction of necessary improvements to the road that are over and above the estimated cost of improvements or to otherwise identify an eligible source of funds administered by the Department to cover such costs; and BE IT FINALLY RESOLVED, that a certified copy of this resolution and a county check in the amount of $ 0 , be forwarded to the Residency Administrator of the Virginia Department of Transportation. Recorded Vote: Moved by: Seconded by: Yeas: Nays: Supervisor Flora None Reauired Supervisors Moore. Church. Altizer. McNamara. Flora None RESOLUTION 042208-11.c AMENDING AND UPDATING RESOLUTION FOR ACCEPTANCE OF A PORTION OF WILSON MOUNTAIN ROAD, ROUTE 819, CAVE SPRING MAGISTERIAL DISTRICT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described below currently serves at least 3 families and was established prior to July 1, 1992, at which time it was used by motor vehicles as a public access; and WHEREAS, the County has determined its subdivision ordinance satisfies subsection B of 933.1-72.1, Code of Virginia, and is therefore eligible to make qualifying additions to the secondary system of state highways maintained by the Virginia 320 April 22, 2008 Department of Transportation and fund necessary improvements as setout therein, except as otherwise prohibited by subsection B of 933.1-72.2, Code of Virginia; and WHEREAS, after examining the ownership of all property abutting this street, including the deeds and related plats, this Board finds no restriction on the use of public funds for improving of the road; and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does not exist; and WHEREAS, this Board has identified immediately available funding to make improvements required to qualify the street for addition to the aforesaid secondary system of state highways, based on the Department's cost estimate of $ 113.920.52 ; NOW, THEREFORE, BE IT RESOLVED, pursuant to 933.1-72.1, Code of Virginia, this Board requests the following street be added to the secondary system of state highways maintained by the Virginia Department of Transportation and hereby guarantees the right-of-way of the street to be clear, unencumbered and unrestricted, which right of way guarantee shall including any necessary easements required for cuts, fills, and drainage: Name of Subdivision: Yellow Mountain Name of Street: Wilson Mountain Road, Rte. 819 From: Existing end of State maintenance To: Proposed cul-de-sac Length: 0.04 mile Guaranteed Right-of-Way Width: 30 feet + (RMI Width Varies) Right of Way I nstrument or Reference Instrument #: 200607173 and Date Recorded: Mav 8.2006 BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements with the following funds; Source of Funds Roanoke County Secondary Six Year State Funds Amount $ 113,920.52 April 22,2008 321 BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of receiving an invoice, all costs that the Virginia Department of Transportation incurs to relocate existing utilities within the right of way that are discovered during the course of and in conflict with the construction, drawing such funds from resources other than those administered by the Department; and BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of receiving an invoice, all costs that the Virginia Department of Transportation incurs in the construction of necessary improvements to the road that are over and above the estimated cost of improvements or to otherwise identify an eligible source of funds administered by the Department to cover such costs; and BE IT FINALLY RESOLVED, that a certified copy of this resolution and a county check in the amount of $ 0 , be forwarded to the Residency Administrator of the Virginia Department of Transportation. Recorded Vote: Moved by: Supervisor Flora Seconded by: None Reauired Yeas: Supervisors Moore. Church. Altizer. McNamara. Flora Nays: None IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 1: General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaencv ~. Accounts Paid = March 2008 322 April 22, 2008 IN RE: 5. Statement of exoenditures and estimated and actual revenues for the month ended March 31. 2008 6. Claims activity for the self-insurance oroaram for the oeriod ended March 31. 2008 CLOSED MEETING At 3:59 p.m., Supervisor Flora moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion or consideration of the employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers; and Section 2.2- 3711 (A) (7) consultation with legal counsel pertaining to probable litigation, namely litigation with respect to enforcement of proffered conditions for a planned residential development The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: WORK SESSIONS 1: Work session to discuss amendments to the Roanoke County Zonina Ordinance. (Arnold Covey. Director of Community Develooment: Philio Thomoson. Deoutv Director of Plannina: John Murohy. Zonina Administrator) April 22, 2008 323 The work session was held from 4:10p.m. until 4:30 p.m. County staff present included Arnold Covey, Director of Community Development; Philip Thompson, Deputy Director of Planning; and John Murphy, Zoning Administrator. Mr. Covey stated that the Board requested this work session at their last meeting following the first reading of the ordinance to amend the Roanoke County Zoning Ordinance. At the request of the Chairman, Mr. Murphy summarized the amendments and explained that these amendments standardize the language to conform to the Code of Virginia, Roanoke County Floodplain Ordinance, Roanoke County Stormwater Ordinance, Roanoke County Subdivision Ordinance, and the Western Virginia Water Authority standards. He explained that the amendments will make the ordinance more user-friendly and a public hearing and second reading of the ordinance is scheduled for the evening session of the Board meeting. 2. Work session to discuss the Fleet Service Center (Anne Marie Green. Director of General Services) The work session was held from 4:30 p.m. - 4:45 p.m. County staff present included: Anne Marie Green, Director of General Services; Jim Vodnik, Assistant Director of General Services; and David Anderson, Fleet and Garage Supervisor. Ms. Green stated that the bids for construction of the new Fleet Service Center had been received. Ms. Green distributed a summary of the bids with the two 324 April 22, 2008 options of either three or four heavy-duty bays to the Board, along with a copy of the Fleet Service Center budget. Ms. Green advised that four bids were received and they were from Breakell, Inc., Lionberger Construction, Avis Construction, and Thor, Inc. She stated that the low bid for three bays was received from Avis Construction in the amount of $5,215,000; and the low bid for four bays was received from Thor, Inc., in the amount of $5,314,000. The projected cost for the facility was $5,305,440. Ms. Green stated that it would be advantageous to construct four bays at this time due to the fact that the number of vehicles and equipment owned by the County and the Western Virginia Water Authority has increased. She stated that money can be saved by working on heavy duty equipment at the facility as opposed to having this equipment repaired by the private sector. It was the consensus of the Board to move forward with constructing four bays at the new Fleet Service Center. 3. Work session to review the Retiree Health Insurance Proaram (Diane Hvatt. Chief Financial Officer) The work session was held from 4:45 p.m. until 5:33 p.m. County staff present included: Diane Hyatt, Chief Financial Officer; Rebecca Owens, Director of Finance; Joe Sgroi, Director of Human Resources; Anita Hassell, Assistant Director of Human Resources; Barry Agnew, Human Resources Consultant; and Brian Carter, Finance Manager April 22, 2008 325 Others present included: Julie White, Consultant with Wachovia Insurance; members of the Retiree Health Focus Group Ms. Hyatt stated that the focus group began meeting in December 2007 to study and review the options to preserve health insurance for County retirees. She explained that due to the financial liabilities imposed by the Governmental Accounting Standards Board (GASB 45), the County needs to make this program more affordable, maintaining as much of the retiree health care benefit as possible while still being financially responsible. Ms. Hyatt gave a PowerPoint presentation that explained such issues as the impact of GASB 45, recommended changes to the health insurance program for retirees, transition schedule, VRS health care credit, Medicare Advantage plans available in the Roanoke Valley, and hiring a personal health care advisor to assist retirees in acquiring the health insurance plan that will be most beneficial to them upon reaching age 65. Ms. Hyatt reviewed the "Comparison of Costs of Recommended Changes" that was included in the Board's agenda packet. Several Board members stated that they would like to meet individually with Ms. Hyatt to discuss the options further. 326 April 22, 2008 IN RE: BRIEFING 1.: Briefino reaardina meetino reauested !rl Governor Kaine on DroDosed Intermodal Facilitv. (Elmer Hodoe. County Administrator) Mr. Hodge briefed the Board on the request by Governor Kaine that the region's 16 local governments meet to consider the proposed location of the Intermodal Facility in Elliston in Montgomery County. He reported that the meeting is scheduled for April 25, 2008, and is being coordinated by the Roanoke Valley-Alleghany Regional Planning Commission. He advised that the County Administrator and one member of the Board will attend this meeting to repeat the County's previous policy position concerning the Intermodal Facility. IN RE: CLOSED MEETING The closed meeting was held from 6:05 p.m. until 6:30 p.m. RECOGNITION IN RE: At 7:00 p.m., Chairman Flora recognized Scoutmaster Ian Hensley and Boy Scout Troop 549 from The Church of Jesus Christ of Latter-Day Saints. IN RE: CERTIFICATION RESOLUTION R-042208-12 At 7:05 p.m., Supervisor Flora moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora April 22, 2008 327 NAYS: None RESOLUTION 042208-12 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. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS Chairman Flora requested that the following persons, who were present for the school recognitions, join him at the podium: Drew Barrineau, School Board member from Windsor Hills Magisterial District; Rhonda Stegall, Hidden Valley High School (HVHS) principal; Dennis Layman, HVHS Athletic Director; and Coach Mike McGuire. 328 April 22, 2008 1. Resolution of conaratulations to the Hidden Vallev Hiah School Girls Basketball Team for winnina the State Group AA Championship. R-042208-13 Chairman Flora presented the resolution and Supervisor McNamara presented certificates of recognition to the members of the team and coaches. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 042208-13 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 second consecutive State Group AA basketball championship defeating Waynesboro High School by a score of 59 to 45; and WHEREAS, the Titans were the River Ridge District Champions, River Ridge District Tournament Champions; and Region IV Champions; and WHEREAS, the Titans had a record of 26 wins and 4 losses for the 2007-2008 season, amassed a record of 55 wins and 5 losses for the past two years; and reached three consecutive state championship games, winning two; 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 Assistant Coaches Buddy Ross, Erika Hale, Shawn Patton, Penny Hunt, and Sarah Fitzgerald. 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 HIDDEN VALLEY HIGH SCHOOL TITANS GIRLS BASKETBALL TEAM: Kylee Beecher, Elizabeth Burke, Beth Conner, Amanda Crotty, Katie Degen, Lindsay Divers, Katie Kelly, Haley Kendrick, Jordan McDonald, Kari April 22, 2008 329 Myers, Abby Oliver, Kayla Osborne, Abby Redick, Rachel Singleton, and Elizabeth Stump 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 resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 330 April 22, 2008 g. Certificate of recoanition to Abby Oliver for beina named First Team All-State and Co-Player of the Year Chairman Flora presented the certificate of recognition to Ms. Oliver. .Q. Certificate of recoanition to Kvlee Beecher for beina named First Team All-State Supervisor McNamara presented the certificate of recognition to Ms. Beecher. 2. Certificate of recoanition to Ben Boaas. Hidden Valley Hiah School Basketball Team. for beina named First Team All-State Supervisor McNamara presented the certificate of recognition to Mr. Boggs. IN RE: PUBLIC HEARINGS .1.: Presentation of and public hearina for the proposed budaet for fiscal year 2008-2009 and the fiscal year 2009-2013 Capital Imorovements Proaram. (Brent Robertson. Director of Manaaement and Budaet) Mr. Robertson advised that this time has been set aside for a public hearing for the proposed annual budget for fiscal year 2008-2009. He stated that a summary of the proposed budget was advertised in the Roanoke Times on April 15, 2008, and information previously discussed with the Board regarding the proposed budget was distributed to all Roanoke County libraries. April 22, 2008 331 Mr. Robertson stated that beginning last fall, the Board and staff worked closely together to review local revenue estimates, state funding issues, capital improvement projects, health insurance costs, and other costs of operations. He stated that the Board has hosted presentations from operating departments, Human Service, Cultural, and Tourism agencies, and the Roanoke County School Board. Mr. Robertson presented highlights of the proposed budget for fiscal year 2008-2009. He stated that general government revenues are projected at $170,877,000, which is approximately a 5 percent increase over the current budget. He stated that while the current economic slowdown has impacted revenue growth in categories such as retail sales taxes and business license taxes, other categories such as real estate, personal property, meals tax, and hotel/motel tax revenues continue to provide consistent, stable growth with which to fund needed services. Mr. Robertson advised that economic development projects approved by the Board of Supervisors have added real estate, business, personal property, and . . machinery and tools tax revenues totaling $680,000 for FY2008-2009. While state budget concerns have resulted in reduced state funding for services such as law enforcement, jail funding, and constitutional officers totaling approximately $680,000, Roanoke County Schools have received a significant increase in state funds for educational purposes in FY 2008-2009. 332 April 22, 2008 Mr. Robertson stated that during FY2007 -2008 partial year funding was provided for a new patrol district of six officers and a new School Resource Officer (SRO). He advised that the FY2008-2009 budget includes full-year funding for these positions, as well as partial year funding for one additional patrol district of six officers and one officer in the Violence Against Women program at a cost of $157,000. Mr. Robertson reported that Fire and Rescue had partial year funding in the current year's budget for four additional positions at the Hollins Station due to an increase in call volume. He advised that the FY2008-2009 budget includes partial year funding for 14 new positions to staff the new North County Station. He noted that this will allow hiring and training of the new personnel to staff the new station when it opens in May 2009. He advised that the net cost of these new positions is $385,000. Mr. Robertson advised that the new Western Virginia Regional Jail is scheduled to open in March 2009. He reported that $491,000 has been included in the FY2008-2009 budget for housing inmates, of which $318,000 will be the cost of housing local prisoners and $173,000 of reduction in state funding that the state currently pays for housing their prisoners. He stated that $500,000 has been allocated from year end funds for the continued renovations and upgrades to the Salem-Roanoke County Jail. He explained that $1.5 million has been funded to date, and the total estimated cost is $2,5 million, with a balance of $1 million still to fund. He noted that the initial plan was to fund $500,000 per year. April 22, 2008 333 Mr. Robertson stated that education is a top priority of the Board. He reported that increasing school-age population and aging infrastructure is placing demands for construction of new facilities and renovation/upgrades to existing school facilities. He advised that the Board of Supervisors and the School Board have continued to increase funding an additional $300,000 each year to fund capital improvement projects in both the schools and the County. He stated that this $300,000 allocation will bring the total allocation for the year to $1,4 million. Mr. Robertson advised that both Boards agreed that there are several school facilities in need of significant upgrade sooner than indicated on the existing capital program schedule. He stated that the County has allocated an additional $577,000 to this fund to renovate four schools. Mr. Robertson stated that approximately $700,000 has been included in the FY2008-2009 budget for upgrades to the payroll system, HP migration project of the major financial and operating systems, licensing for software, and maintenance agreements. Mr. Robertson stated that an increase of $225,000 has been included in the budget to cover the increase in fuel costs for the major operating departments. He also noted that in conjunction with the Schools, $500,000 has been allocated to the Community Policy and Management Team (CPMT), the Comprehensive Services Act team, which manages caseloads from the State. He stated that the Health Department has received an additional allocation of $107,000 as the County's share for the 334 April 22, 2008 outsourcing of their information technology functions. He stated that through year-end funds, the Virginia Department of Transportation revenue sharing fund has been increased from $500,000 to $1 million with an additional $500,000 allocation to maximize the County's fund from the state for minor road projects. Mr. Robertson advised that a 4 percent salary increase is included for County employees and a 5 percent increase in health insurance costs. He noted that $500,000 has also been allocated for the post-retirement benefits. Mr. Robertson stated that the second reading of the ordinance and adoption of the budget and the Capital Improvement Program for FY2008-2009 is scheduled for May 27, 2008. Supervisor Church thanked Mr. Robertson and his staff for their hard work in preparing the budget. Supervisor Altizer asked Mr. Robertson to explain the decreases shown on the Revenue Summary to the Telecommunications Taxes and Fees and the Cellular Phone Tax and the fact that the County is not looking at a $2.5 million decrease in revenues. Mr. Robertson explained that as the final numbers are coming in for this year, it is believed the revenues will increase $250,000 to $300,000, and this is a reclassification of the Telecommunications Act being instituted. There were no citizens present to speak on this issue. April 22, 2008 335 IN RE: PUBLIC HEARINGS AND ADOPTION OF RESOLUTIONS 1. Public hearina and adoction of resolution amendina the Roanoke County Comcrehensive Plan to incorcorate the community facilities mac. (Philic Thomcson. Decutv Director of Planninal R-042208-14 Mr. Thompson advised that staff has been working with the Planning Commission to develop a Community Facilities Map for the County's Comprehensive Plan. He stated that with new County projects and the requirement in State Code to show the general location of these public facilities, it was determined that it would be best to incorporate them into one map and adopt into the Comprehensive Plan instead of performing a 2232 review for every new project. He stated that the map illustrates the general location of county-owned facilities and operations. He noted that the facilities mapped include county administration buildings, public schools, fire and rescue stations, parks and recreational centers, and business parks and landfills. He advised that the map also shows the general location of regional operations such as the Western Virginia Water Authority, the Roanoke Valley Resource Authority, and the VHF 0Jery High Frequency) Paging System. He explained that as new projects are introduced through the County's Capital Improvements Program process, the map will be updated to reflect the location of new projects. Mr. Thompson advised that the Planning Commission held a public hearing on March 4, 2008, on incorporating the Community Facilities Map into the 336 April 22, 2008 County's Comprehensive Plan, and recommends that the Board amend the County's Comprehensive Plan by incorporating the Community Facilities Map. There were no citizens present to speak on this issue. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 042208-14 AMENDING THE ROANOKE COUNTY COMPREHENSIVE PLAN TO INCORPORATE THE COMMUNITY FACILITIES MAP WHEREAS, the Comprehensive Plan was adopted in March 2005, to guide the growth and development of Roanoke County; and WHEREAS, the Community Facilities Map is an important component of future land use planning, and illustrates existing and proposed facilities throughout the County; and WHEREAS, on November 5, 2007, the Planning Commission held a work session to discuss the incorporation of the Community Facilities Map into the Comprehensive Plan; and WHEREAS, the Community Facilities Map identifies the general location of libraries, public schools, fire and rescue stations, county administration buildings, Roanoke Valley Resource Authority sites, Roanoke County business parks, VHF (Very High Frequency) Paging System Towers, Western Virginia Water Authority sites, and Parks and Recreation sites; and WHEREAS, on March 4, 2008, the Planning Commission held a public hearing on an amendment to the Comprehensive Plan incorporating the Community Facilities Map, after advertisement and notice as required by Section 15.2-2204 of the Code of Virginia; and WHEREAS, on March 4, 2008, the Planning Commission passed a resolution recommending that the Roanoke County Board of Supervisors amend the Comprehensive Plan for Roanoke County to incorporate the Community Facilities Map. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors amend the Comprehensive Plan for Roanoke County to incorporate the Community Facilities Map. April 22,2008 337 On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ~. Public hearina and adoption of resolution amending the Roanoke County Comprehensive Plan to incorporate the Mount Pleasant Community Plan. (Philip Thompson. Deputy Director of Planning) R-042208-15 Mr. Thompson advised that staff has been working with the Planning Commission and citizens in the Mount Pleasant area on a Community Plan. He stated that the Plan inventories existing conditions such as zoning, land use, natural resources, cultural resources, capital facilities, transportation, population, and housing in the Mount Pleasant community planning area. He stated that the Plan also presents the results of a community survey sent to each property in the study area and the survey, along with citizen input at community meetings, shaped the development of goals and objectives for the Plan. Mr. Thompson stated that the Plan presents four alternative future land use scenarios for consideration. He stated that Scenarios 2 through 4 show two new proposed categories for the comprehensive plan entitled "Suburban Village" and "Economic Opportunity". He explained that the new "Suburban Village" designation would apply to central Mount Pleasant areas that are on the fringe of urban growth and services, and are transitioning from rural land use to urban, mixed-use development. He stated that the new designation of "Economic Opportunity" would apply to the lands 338 April 22, 2008 owned by the Virginia Recreational Facilities Authority (Explore Park), and possibly some of the surrounding lands. He further explained that the "Economic Opportunity" areas would guide a mix of commercial, tourist-related, and limited industrial uses related specifically to the planned destination resort facilities. He stated that the new designation could also exclude uses that may conflict with or detract from the activities proposed. He advised that the Planning Commission recommended future land use Scenario 4. Mr. Thompson stated that the Plan also identifies implementation strategies including maps showing possible future road connections and the phasing of constructing public utilities. He advised that the Planning Commission held a public hearing on March 4, 2008, finalized the Plan on March 18, 2008, and adopted a resolution recommending approval and adoption of an amendment to the Comprehensive Plan incorporating the Mount Pleasant Community Plan. He stated that a work session was held between the Planning Commission and the Board of Supervisors on April 8, 2008. Supervisor Altizer asked Mr. Thompson to address the differences between Scenarios 3 and 4. Mr. Thompson stated that Scenario 3 shows more development area than Scenario 4 because that same area is designated rural village in Scenario 4. He also noted a difference in the conservation and rural preserves areas between the two scenarios. April 22, 2008 339 Supervisor Altizer asked Mr. Thompson how the Community Plan would be affected if Explore Park is not constructed as a planned destination resort facility. Mr. Thompson stated that the scenario would change, and the Plan may have to be amended. Supervisor Altizer asked if the Plan is adopted, what control points the Board has for future development. Mr. Thompson stated that zoning is a control point and noted that most of the property is zoned AG3 and AG1 and would have to be rezoned. He also stated that phasing of utilities allows the Planning Commission and the Board of Supervisors permit development in an orderly fashion over a period of time. There were no citizens present to speak on this issue. Supervisor Altizer commended the Community Development Department and the citizens for their hard work during this process. He stated that this is a good plan for the future~ Supervisor Altizer moved to adopt the resolution with Scenario #4. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 042208-15 AMENDING THE ROANOKE COUNTY COMPREHENSIVE PLAN TO INCORPORATE THE MOUNT PLEASANT COMMUNITY PLAN 340 April 22, 2008 WHEREAS, as an update to the Roanoke County Comprehensive Plan, the Mount Pleasant Community Plan was commenced in late 2006 to study growth and development issues in the Mount Pleasant community; and WHEREAS, in January, February, April, and July of 2007, community meetings were held to present the project to the citizens, exchange information, receive input, review survey results, present draft goals and proposed Future Land Use Scenarios; and WHEREAS, on January 15, 2008, and February 19, 2008, the Planning Commission held work sessions to review and comment on the draft Mount Pleasant Community Plan, including the overall scope of the study, survey results, discussion of the proposed "Suburban Village" and "Economic Opportunity" designations to be added to the Comprehensive Plan, consideration of alternative amendments to the Comprehensive Plan Future Land Use Maps, and goals, objectives and strategies for Mount Pleasant; and WHEREAS, on March 4, 2008, the Planning Commission held a public hearing on an amendment to the Comprehensive Plan incorporating the Mount Pleasant Community Plan, after advertisement and notice as required by Section 15.2-2204 of the Code of Virginia; and WHEREAS, on March 18, 2008, the Planning Commission passed a resolution recommending that the Roanoke County Board of Supervisors amend the Comprehensive Plan for Roanoke County to incorporate the Mount Pleasant Community Plan. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors amend the Comprehensive Plan for Roanoke County to incorporate the Mount Pleasant Community Plan. On motion of Supervisor Altizer to adopt the resolution (amending the Comprehensive Plan to include the Mount Pleasant Community.Plan-Scenario #4), and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None INRE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES .1: Second readina of an ordinance amendina the Roanoke County Code ~ the adoption of various amendments to the Roanoke County Zonina Ordinance. (Philip Thompson. Deputv Director of Plannina) 0-042208-16 April 22, 2008 341 Mr. Thompson advised this is the second reading of an ordinance amending the Roanoke County Code by adoption of various amendments to the Roanoke County Zoning Ordinance. He advised that earlier in the day, the Board held a work session to discuss the amendments. He explained that these amendments standardize language to conform to various County and State Codes. He noted that the Planning Commission held a public hearing and recommended approval of these changes. Mr. Sean Horne spoke on behalf of the Roanoke Regional Home Builders Association (RRHBA), Governmental Affairs Committee. He commended the staff for making the proposed ordinance more user-friendly. However, he stated that the current minimum tract size requirement for the cluster ordinance is three acres, and it is proposed to be increased to ten acres. He stated that three acres is too small to be effective, but ten acres is too large to maximize the potential for the ordinance. He stated that the RRHBA would recommend a five acre minimum tract size. Mr. Thompson stated that one of the main issues the Planning Commission focused on was the amount of open space. He explained that the way the cluster ordinance is currently written, there is not enough usable open space. To increase open space, he stated that a requirement that a certain amount of the lots front on the open space was eliminated, and the minimum lot size was increased. He explained that 35 percent of the land must be open space; therefore, on a 1 Q-acre tract, 3.5 acres must be open space. He explained that staff had reviewed plans that have 342 April 22, 2008 been submitted to the County, and out of five plans, one was 3.01 acres and the others were a minimum of 10 acres. He stated that the staff used this as a rationale for the minimum 10 acre tract size. In response to an inquiry from Supervisor McNamara, Mr. Thompson explained that the Planning Commission will further review the cluster ordinance with regards to private road issues and minimum open space requirements. Supervisor Altizer stated that if 35 percent of a tract of land must be dedicated to open space and 15 percent is roads and sidewalks, on a 5-acre tract that only leaves 2.5 acres for development. Mr. Thompson agreed. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 042208-16 AMENDING THE ROANOKE COUNTY CODE BY THE ADOPTION OF VARIOUS AMENDMENTS TO THE ROANOKE COUNTY ZONING ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, this ordinance conforms language in the Roanoke County Zoning Ordinance to the Code of Virginia; Roanoke County's Floodplain, Stormwater, and Subdivision Ordinances; and the standards of the Western Virginia Water Authority, in addition to making other changes as needed; and WHEREAS, the Planning Commission held a public hearing on March 4, 2008, and a work session on March 18, 2008, on these amendments. WHEREAS, the first reading of this ordinance was held on April 8, 2008, and the second reading and public hearing was held on April 22, 2008. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, VA, as follows: April 22, 2008 343 1. That various amendments to the Roanoke County Zoning Ordinance as set out in the document entitled "Roanoke County Zoning Ordinance Revisions _ Proposed Amendment for Articles I-V (Revisions Only) - April 22, 2008" attached as Exhibit A is hereby adopted and made a part of the Roanoke County Code. 2. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ~. Second readina of an ordinance to rezone 0.21 acre. from C-1. Office District. to C-2. General Commercial District.. to allow for access to the frontaae parcel. property located at the end of Burlinaton Drive. Hollins Maaisterial District. upon the petition of Lexinaton Falls. LLC. (Philip ThomDson. DeDutv Director of Plannina) 0-042208-17 - Denial Mr. Thompson advised that in the summer of 2006, the Board of Supervisors approved the rezoning for Lexington Falls, LLC, which consisted of the rezoning of a front parcel on Peters Creek Road from C-1, Office District, to C-2, General Commercial District, and a 0.21 acre tract from R-3, Medium Density Multi- Family Residential District, to C-1, Office District. He stated that the petitioner is now requesting that the 0.21 acre tract be rezoned from C-1, Office District, to C-2 General Commercial District to allow for a second access from Burlington Drive into Bojangles fast-food restaurant which is currently under construction. He noted that originally the petitioner requested only one entrance, and the developers now realize the second 344 April 22, 2008 entrance may be important for their operation. He noted that the surrounding zoning is C-1, R-3, and C-2, and advised that surrounding land use is a mixture of commercial, office and residential. Mr. Thompson stated that a community meeting was held March 17, 2008, with eight citizens in attendance, and some of the issues raised were increased traffic on Burlington Drive and the ability of Burlington Drive to handle the increased traffic due to the substandard conditions of the road. He stated that several citizens at the community meeting commented they would have been in opposition to the December 2006 rezoning had they known there would be a second entrance off Burlington Drive. Mr. Thompson advised that the Planning Commission held a public hearing on April 1, 2008, and three citizens spoke against the petition. He stated that citizens commented that they would have been in opposition to the December 2006 rezoning if they had known that an entrance from Burlington Drive would have been a part of the Bojangles project. He stated that other concerns were the damage to Burlington Drive from construction traffic, the safety of school children walking on the road, and that the existing poor condition of the road could not support an increase in traffic. He stated that the Planning Commission had concerns about impacts to the existing residential area, amount of cut-through traffic from Airport Road, width of Burlington Drive, hours of operation for Bojangles, and that the original plan did not can for access onto Burlington Drive and the Planning Commission did not see the need for April 22, 2008 345 the secondary access point. He reported that the Planning Commission recommended denial by a vote of 5-0. Mr. Thompson reported that there is one proffered condition from the petitioner stating the site will be developed in conformance with the site plan, dated January 30, 2008, and revised February 29, 2008. He also advised that a letter was delivered to the Clerk to the Board from the petitioner on April 17, 2008, stating that if the Board deems it necessary, a sidewalk will be built on the southern side of Burlington Drive. Stan Seymour, the petitioner, stated that originally only one entrance was planned for the site; however, when the site was graded down, it was determined that the site would require a ten-foot rock wall at the entrance along Peters Creek Road. He stated that a second entrance off Burlington Drive would be safer way to exit the property. He advised that he is aware that two students walk on Burlington Drive and ride the bus two to three times a week. He stated that he had been studying the traffic on Airport Road for the last several days; and, in the mornings, the traffic seems to back up to Burlington Drive or beyond several times until last Thursday when it did not back up after 8:05 a.m., and today it did not back up after 8:06 a.m. He stated that Airport Road from Burlington Drive to Peters Creek Road is 305 feet, which is slightly in excess of the Virginia Department of Transportation's (VDOT) recommendation for distance to the intersection. He stated that he would install a sidewalk on Burlington Drive for the students that ride the bus and would like to install the back entrance to the site from 346 April 22, 2008 Burlington Drive for the safety of the teenagers leaving the site so they do not have to make a left turn onto Peters Creek Road at the front entrance. Sean Horne, Balzer and Associates, spoke on behalf of Lexington Falls, LLC. He provided information to the Board entitled "Roadway Width Analysis for Burlington Drive" (on file in the Clerk's Office). He noted that other commercial property has access to Burlington Drive and this piece of property is the only one that does not have access to Burlington Drive. He stated that based on the traffic study, 263 trips per day are proposed on Burlington Drive. He noted that the minimum width required by VDOT for less than 400 trips per day is 18 feet. He stated that the minimum pavement width on Burlington Drive is 18.8 feet which exceeds the VDGT requirements. Mr. Horne stated there had been discussion and complaints about overhead lines being torn down by construction traffic, and he stated that it is his understanding the overhead lines on Burlington Drive have been raised to an elevation above the 15-1/2 feet mark which is required by the National Record Safety Code, and the lowest line is now 15 feet 8 inches. Mr. Horne stated that there had been concerns the access would be used as a cut-through; however, he stated it does not lend itself for that purpose. He also noted that the peak hours of operation for this type of restaurant is 9:00 a.m. to 10:00 a.m., and this does not match the peak hour for traffic on Airport Road. In response to an inquiry from Supervisor McNamara, Mr. Horne described the types of properties located along Burlington Drive to Airport Road. April 22, 2008 347 Supervisor Flora asked if the petitioner is requesting ingress and egress for the access from Burlington Drive, and Mr. Horne responded yes. There were seven citizens present to speak on this issue. Suzie Wooldridge, 6125 Burlington Drive, stated that the residents were told there would not be an access from Bojangles to Burlington Drive and she advised that she would have strongly objected to the original rezoning if this had been an option. She stated that her concerns are with the traffic that will back up onto Burlington Drive from Airport Road and the safety of the children in the area. Leah Fleming, 6125 Burlington Drive, a sophomore at Northside High School, stated up until this past year she rode the bus to and from school. She advised that this last year she has almost been hit on several occasions by vehicles turning onto Burlington Drive. She stated that her mother now takes her to school and picks her up every day. She stated that she is concerned about safety and the increased traffic on Airport Road. Daniel Mazur, 6143 Burlington Drive, stated that the residents were under the impression that Bojangles would not have an access onto Burlington Drive. He advised that the main issue is the increased traffic on Burlington Drive, increased noise, and safety issues. Kevin Clifford, 7203 Willow Valley Road, advised that he was a resident on Springlawn Avenue when the rezoning for the Bojangles in that area was before the Board. He stated that Stan Seymour was more than accommodating to the residents by 348 April 22, 2008 helping to alleviate the traffic coming from Bojangles onto Merriman Road. He stated that Mr. Seymour is an advocate of the community sports program. He stated that he felt Mr. Seymour would do whatever he could to make a safer access for the community. Jerry Firebaugh, 6149 Airport Road, stated that he would have originally opposed the rezoning of the property if they had been told there would be an access to Burlington Drive. He stated that he objected to the proposal for a sidewalk on Burlington Drive. He asked that the Board honor the Planning Commission's recommendation to deny the rezoning request. James McClung, owner of dental practice at the corner of Peters Creek and Airport Roads, stated that he and Mr. Firebaugh have to turn left off Airport Road onto Burlington Drive where the school children catch the school bus and drivers must pay strict attention. He stated that if Burlington Drive is open to traffic going to Bojangles, it is a recipe for disaster. He also stated that the intersection of Peters Creek and Airport Roads is becoming more congested and asked that the Board deny the rezoning request. Jozann Nackley Stevens, 6001 Peters Creek Road, stated that she wanted to clarify a statement by Lexington Falls, LLC. She advised that her property must be accessed from Burlington Drive, and it is a primary residence and not a business. She stated that the vacant lot is her back yard and is maintained regularly. April 22, 2008 349 Supervisor Flora advised that the original rezoning is appropriate for Peters Creek Road since it is becoming commercial. He stated that his concern is the amount of traffic that will generated on Burlington Drive and asked Mr. Thompson if there is a traffic count on the number of vehicles proposed. Mr. Thompson stated that during the peak hour there will be 13 to 20 vehicle trips. He stated that during the original rezoning the conditions such as lighting, signage, and architecture of the building were made to be characteristic of the neighborhood and the applicant has complied with these conditions. In response to an inquiry from Supervisor McNamara about the concern Mr. Seymour had for people leaving the premises because of the wall, Mr. Seymour described the elevation and the visibility associated with vehicles crossing Peters Creek Road to make a left turn in which three lanes of traffic will have to be crossed. Mr. Seymour stated that he was particularly concerned about students making a left turn onto Peters Creek Road to go to Northside High School. Supervisor Church asked Mr. Seymour about the location of the proposed sidewalk on Burlington Drive. Mr. Seymour pointed to the map and suggested that there would be plenty of room to locate the sidewalk. Supervisor Church stated to the residents living on Burlington Drive that Mr. Seymour has a history of working with people. He asked Mr. Thompson to explain the vehicle trips proposed on Burlington Drive. Mr. Thompson explained that it was projected that there would be approximately 13 vehicle trips on Burlington Drive during 350 April 22, 2008 the peak hour. Mr. Horne further clarified that this projection is only on the existing traffic and what is proposed for Bojangles and does not take into account any future developments on Burlington Drive. Mr. Seymour referred to a handout of total sales generated at another Bojangles restaurant over a period of a week and advised that the highest value of total sales which occurred in the peak hour of 9:00 a.m. to 10:00 a.m. was 129 sales. Mr. Horne stated that ten percent, or 13 vehicles trip, is proposed to use the Burlington Drive access. Mr. Mahoney stated to the Board that he had concerns with respect to enforceability of the proffer of the sidewalk on Burlington Drive. He suggested that if this action is approved and the proffer accepted, that some additional specificity be required as to when and where the sidewalk will be constructed and the standards by which it will be constructed. Supervisor Flora stated that he is concerned with the substandard conditions of Burlington Drive and the adequacy of the street being able to handle additional traffic. Supervisor Flora made a motion to request denial of the rezoning. Supervisor McNamara advised that he is concerned with the number of vehicles that will travel Burlington Drive in an area with only four or five houses that probably do not see many cars per day. He stated that there is not a finer gentleman April 22, 2008 351 than Mr. Seymour, but he does not think it is a good plan. He stated that he would support Supervisor Flora's motion to deny the request. Supervisor Church advised that he would like to see a solution to this situation without jeopardizing the private ownership and safety of the residents. However, he stated that he will not be able to support the request. Supervisor Flora commented to the residents in this area that they are in a transitional area and it is moving fairly quickly from residential to commercial use. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Flora NAYS: None ABSTAIN: Supervisor Altizer ORDINANCE 042208-17 TO DENY THE REZONING OF 0.21 ACRES FROM C-1, OFFICE DISTRICT, TO C-2, GENERAL COMMERCIAL DISTRICT, TO ALLOW ACCESS TO THE FRONTAGE PARCEL LOCATED AT END OF BURLINGTON DRIVE (PORTION OF TAX MAP NO. 27.13-5-2), HOLLINS MAG'STERIAL DISTRICT UPON THE APPLICATION OF LEXINGTON FALLS, LLC WHEREAS, the first reading of this ordinance was held on March 25, 2008, and the second reading and public hearing were held April 22,2008; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 1 ,2008; 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 Flora to deny the rezoning, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Flora NAYS: None 352 April 22, 2008 ABSTAIN: Supervisor Altizer Chairman Flora declared a recess at 8:52 p.m. The meeting reconvened at 8:59 p.m. ~. Second readina of an ordinance to obtain! SDecial Use Permit in an 1-2, Industrial District. for the construction of ! 100-foot broadcast tower on 9.177 acres located at 5253 Hollins Road and 1132 Carlos Drive, Hollins Maaisterial District. UDon the Detition of Roanoke County. CPhiliD ThomDson, DeDuty Director of Planninal 0-042208-18 Mr. Thompson advised that this request is for a special use permit for a 100-foot broadcast tower formerly used as the County broadcasting tower at the former Public Safety Building on Peters Creek Road. He stated that the primary use of this structure is a point-to-point fixed microwave radio to provide a permanent communications link to existing County resources. He noted that the tower is proposed to be located between the new Fleet Services Building and the Norfolk Southern Rail line. He advised that the tower will be painted flat gray, and there will be no lighting on the tower. He stated that on the tower there will be one 3-foot diameter microwave dish which will be placed on the tower at approximately 75 feet which is the tree line. He noted that the tower and an 10 by 8 foot equipment area will be enclosed in a 20 by 24 foot compound and the height of the fence will be 8 feet. He stated that anticipated construction of the tower is January 2009. He stated that in accordance with the April 22, 2008 353 County's Comprehensive Plan, wireless providers are encouraged to place new antennas on existing structures; however, there are no existing structures suitable for this facility or anticipated to be constructed in the area. He stated that the surrounding zoning consists of 1-1 and 1-2, Industrial; C-2, General Commercial; C-1, Office; and R-1 and R-2, Low and Medium Density Residential Districts. He reported that surrounding land uses include warehouses, vacant property, and residential. Mr. Thompson advised that a community meeting was held March 10, 2008, with ten citizens in attendance. He stated that citizens had questions about the tower specifications and that information was provided to them. Mr. Thompson advised that the Planning Commission held a public hearing on April 1, 2008, and two citizens spoke during the public hearing. He stated that their concerns included the visual impacts of the proposed tower and the new fleet services building to the surrounding property, and the impact on property values and potential health risks. He reported that the Planning Commission had questions and comments on the type of tower being constructed, the size, color and location of the proposed microwave dish on the tower, the height of the proposed tower, and the possibility for co-locations by others in the future. The Planning Commission recommended approval on a vote of 5-0 with one condition, that being that the broadcast tower shall not exceed 100 feet in height. Ms. Moore asked if there had been any research done on erecting a more aesthetically-pleasing tower, such as those that are enclosed or look like trees or bell 354 April 22, 2008 towers. Mr. Thompson stated there are techniques to camouflage towers. He noted that the ones that look like trees must blend in with the surrounding vegetation and bell towers are typically used on a church property. He stated that in this case an existing structure is being re-used and will be painted to match the area. Mr. Thompson reported that a balloon test was performed on the site in an effort to see the height of the tower. He noted there are a series of electric transmission line near the railroad that are higher than 100 feet. He advised that the Planning Commission discussed the possibility of making the tower 80 feet in height; however, with the growth of the trees and the possibility of co-location in the future, it was determined that the tower should be kept at 100 feet. There were no citizens present to speak on this issue. Supervisor Church asked about the advantages of this tower to Roanoke County. Anne Marie Green, Director of General Services, advised that the tower will provide Internet capability for the new Roanoke County Fleet Service Center. She stated that the lattice work of the tower blends in well with the surrounding area. She advised that the tower will also be used for the telephone service at the new Fleet Service Center and will save money in the operation of the facility by not having to contract with an Internet and telephone provider. In response to an inquiry from Supervisor Flora, Bill Hunter, Infrastructure Services Manager in the Information Technology Department, stated that Internet service would originate on Mill Mountain and tie back into the microwave loop system April 22, 2008 355 that originates at the Public Safety Center, and the telephone service will originate from the Public Safety Center, through the microwave from Mill Mountain to the new Fleet Service Center. Mr. Hunter noted that the Tinker Mountain Tower is used as a backup rad io system. Supervisor Flora stated that he shared some of the concerns of Supervisor Moore and wished the Board could have set an example of erecting an aesthetically-pleasing tower; however, he understood the need to recycle the old tower in an effort to save money. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 042208-18 GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A 100 FOOT BROADCAST TOWER IN AN 1-2 INDUSTRIAL DISTRICT ON 9.177 ACRES LOCATED AT 5253 HOLLINS ROAD AND 1132 CARLOS DRIVE (TAX MAP NO. 39.05-2-5 AND 39.05-2-4) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF ROANOKE COUNTY WHEREAS, Roanoke County has filed a petition for a special use permit to construct a 100 foot broadcast tower to be located at 5253 Hollins Road and 1132 Carlos Drive (Tax Map Nos. 39.05-2-5 and 39.05-2-4) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 1, 2008; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 25, 2008; the second reading and public hearing on this matter was held on April 22, 2008. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 356 April 22, 2008 1. That the Board finds that the granting of a special use permit to Roanoke County General Services to construct a 100 foot broadcast tower to be located at 5253 Hollins Road and 1132 Carlos Drive in the Hollins 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) The broadcast tower shall not exceed 100 feet in height. 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 Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 4. Second readina of an ordinance to obtain .@. Soecial Use Permit in .@. C-2S. General Commercial District with Soecial Use Permit. to ooerate .@. drive-in or fast food restaurant on 1.5 acres located at 2445 East Washinaton Avenue. Vinton Maaisterial District. uoon the oetition of Wallace Familv Enterorises. Inc. (Philio Thomoson, Deoutv Director of Plannina) 0-042208-19 Mr. Thompson advised that the request is for a Special Use Permit for Domino's Pizza to locate in one of six suites of an existing office/retail building. He stated that the square footage of the proposed use is approximately 1,875 square feet. He noted that the property has one access point on Route 24 with a de-acceleration lane and the parking lot can accommodate 45 vehicles. He stated there is an existing April 22, 2008 357 crossover which has been regraded and seeded. He noted that the traffic analysis projected 374 vehicle trips per day by the entire upper level of the office building. He noted the property has public water and sewer. He advised that most of the surrounding parcels are zoned C-2, General Commercial, with one property zoned R-1, Residential. He stated that future land use is core which allows for high commercial use. He advised that the proposal is consistent with the County's Comprehensive Plan with minimal impact to the neighboring streets and properties. Mr. Thompson noted that the Planning Commission held a public hearing on March 4, 2008, with no citizens present to speak on the request. He advised that the Planning Commission had questions or comments regarding signage, the closing of the median crossover, operating hours, building square footage and parking. He stated that the Planning Commission approved the request with two conditions: (1) pperating hours shall be from 11 :00 a.m. - 10:00 p.m. Sunday through Thursday, and 11 :00 a.m. - 12:00 midnight, Friday and Saturday; and (2) the drive-in or fast food restaurant shall not exceed 1,900 square feet. In response to an inquiry from Supervisor Altizer about allowable sign space for each business in this location, Mr. Thompson replied that there is 575 square feet of signage allowed at this location which is the business sign and fa9ade sign, and it is monitored to make sure there is enough room for all the businesses. Supervisor Altizer inquired as to whether a van with advertising on it that is parked in the road is temporary sign. Mr. Thompson stated that this is an issue the 358 April 22, 2008 staff will have to address in the sign ordinance and how it will be enforced. Supervisor Altizer noted that a corridor study is being done on that end of the County and the van with advertising on it is not attractive. Supervisor Altizer also inquired about the number of allowable parking spaces that are covered by tents erected in the parking lots that cover 20 to 45 parking spaces. Mr. Thompson stated that tents are typically temporary on the weekend; however, this is an area that needs to be addressed in the ordinance. There were no citizens present to speak on this issue. Peter D'Andrea, Vice President of Operations for Wallace Family Enterprises, stated that they are seeking approval of the special use permit for Domino's Pizza. Scott Winter, owner of the property, stated that the facility was built to house small restaurants. He advised there are very few cars in the parking lot, and the tent that was in the parking lot has been removed and will not be erected again. He stated that there should be ample parking for all the tenants. Supervisor Altizer stated that he would like to impose a condition on the special use permit that no vehicles with signage pertinent to Domino's Pizza are to be parked in the parking lot. April 22, 2008 359 Supervisor Altizer moved to adopt the ordinance with the added condition that no vehicles with signage pertinent to Domino's Pizza are to be parked in the parking lot. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 042208-19 GRANTING A SPECIAL USE PERMIT TO OPERATE A DRIVE-IN OR FAST FOOD RESTAURANT IN A C-2S, GENERAL COMMERCIAL DISTRICT WITH SPECIAL USE PERMIT, ON 1.5 ACRES LOCATED AT 2445 WASHINGTON AVENUE (TAX MAP NO. 61.15-2-10) VINTON MAGISTERIAL DISTRICT, UPON THE PETITION OF WALLACE FAMILY ENTERPRISES, INC. WHEREAS, Wallace Family Enterprises, Inc. has filed a petition for a special use permit to operate a drive-in or fast food restaurant to be located at 2445 Washington Avenue (Tax Map No. 61.15-2-10) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 4, 2008; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 26, 2008; the second reading and public hearing on this matter was held on April 22, 2008. 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 Wallace Family Enterprises, Inc. to operate a drive-in or fast food restaurant on a 1.5 acre parcel of real estate located at 2445 Washington Avenue in the Vinton 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 conditions: (1) Operating hours shall be from 11 :00 am to 10:00 pm, Sunday through Thursday and 11 :00 am to 12:00 midnight, Friday and Saturday. (2) The drive-in or fast food restaurant shall not exceed 1,900 square feet. (3) Any vehicle marked with advertising related to the fast food use shall be prohibited from being parked, or maintained on the property. Personal vehicles used for household pizza delivery may be permitted on the property. 360 April 22, 2008 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 Altizer to adopt the ordinance with Condition #3 added, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ~. POSTPONED AT THE REQUEST OF THE PETITIONER. Second readina of an ordinance to obtain! Special Use Permit in an R-1. Low Density Residential District. for the purpose of constructina ! private stable on 5.801 acres located at 4535 Red Barn Lane. Vinton Maaisterial District. upon the petition of Theodore J. Foster Chairman Flora advised that this item has been postponed at the request of the petitioner. ~. WITHDRAWN AT THE REQUEST OF THE PETITIONER. Second readina of an ordinance to obtain! Special Use Permit in ! C-2. General Commercial District. for the purpose of Reliaious Assemblv on 0.676 acre located at 6024 Williamson Road. Hollins Maaisterial District. upon the petition of Harinder S. and Jaswinder K. Maahera April 22, 2008 361 Chairman Flora advised that this item has been withdrawn at the request of the petitioner. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: He thanked the citizens in the Back Creek community for their help in raising part of the funds for the two-bay addition to the Back Creek Fire Station. He commended the community for creating and staffing the rescue squad and congratulated the staff in Fire and Rescue. Supervisor Flora: He stated that he and Planning Commissioner Gary Jarrell have received a request from a resident adjacent to Gander Mountain inquiring about the berm. He asked Mr. Hodge to have Arnold Covey respond to the citizen and gave a copy of the letter to Philip Thompson to pass along to Mr. Covey. IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 9:24 p,m. Submitted by: Approved by: ~~~~~ Clerk to the Board ~,^-".D ~ ~ ~ Richard C. Flora Chairman 362 April 22, 2008 (This page left intentionally blank)