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8/26/2008 - Regular August 26, 2008 605 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 26, 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 August, 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: John M. Chambliss, Jr., County Administrator; Paul M. Mahoney, County Attorney; Dan O'Donnell, Assistant County Administrator; Brenda J. Holton, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Father Dean Nastos, Holy Trinity Greek Orthodox Church. The Pledge of Allegiance was recited by all present. 606 August 26, 2008 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .1: Proclamation declarina Friday. September ~ 2008. as the ninth annual Virainia Tech Hokie Pride Day in the County of Roanoke Chairman Flora presented the proclamation to Brian Wilson, President, Roanoke Valley Hokie Club. UN RE: NEW BUSINESS 1. Rea uest to appropriate J 11,100 for the second year of the Reaional Water Supply Plan. (Diane Hyatt. Chief Financial Officer) A-082608-1 Ms. Hyatt advised that the County is participating with twelve other local governments, the Bedford County Public Service Authority, and the Western Virginia Water Authority to develop a regional water supply plan. She advised that the Roanoke Valley-Alleghany Regional Commission is coordinating the planning effort with Draper Aden Associates serving as project consultant. She advised that the State has mandated that these plans be in place no later than November 2, 2011. Ms. Hyatt advised that the plan is being developed in two phases and that the Board appropriated funds for the County's portion of Phase 1 for $21,469 on March 7, 2007. She stated that the County's portion for Phase II is $11,100, and staff is requesting appropriation of these funds at this time. August 26, 2008 607 Ms. Hyatt advised that the regional water supply plan is scheduled for completion in late 2008; and once the plan is complete, each local government will be required to adopt the plan. She advised that if the Board would be interested, Shane Sawyer, Roanoke Valley-Alleghany Regional Commission, is available to meet with the Board in a future work session to discuss the plan. Ms. Hyatt advised that staff recommends appropriating $11,100 from the Board contingency account to pay for the second year allocation for Roanoke County's portion of the regional water supply plan. There was no discussion of this item. Supervisor Flora moved to approve the staff recommendation (appropriation of $11,100 from the Board contingency account to pay the second year allocation for Roanoke County's portion of the development of a regional water supply plan). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 2. Reauest to adopt ~ resolution affirmina the authorization to "pick- .YJL the emplovee's contribution to the Virainia Retirement System. (Diane Hvatt. Chief Financial Officer) R-082608-2 In response to Chairman Flora's comment that this item was very complicated, Ms. Hyatt agreed that it was a confusing item and stated that it was being 608 August 26, 2008 presented as a new business item rather than a consent agenda item so that she could provide additional information. Ms. Hyatt advised that in July 1980, the County began paYing the employee's share (5 percent) of the Virginia Retirement System (VRS) contribution rate and that throughout the Commonwealth, all except approximately 31 of the more than 700 VRS covered employers offer this same benefit. She stated that recently the Internal Revenue Service (IRS) issued new revenue rulings which stated that the County had to have formal authorization for this pick-up plan. She advised that VRS is checking with each locality across the State to make sure that they have an adopted resolution stating that they are picking-up the employee's share. She advised that the last paragraph of the resolution had been changed to clarify the language and she had distributed copies of that resolution to the Board members. She advised that the Board's approval of the resolution will formalize what the County is currently doing and that administration of the VRS plan will not change. Supervisor Flora advised that he thought that VRS had been provided with the documentation they are requesting, and it might have been lost during the years. Ms. Hyatt advised that according to research of the records by staff, the County picked up the employee's share in 1980 in lieu of a salary increase, and that staff could not locate an adopted resolution. She stated that it was possible that VRS only required a letter of approval at that time. There was no further discussion. August 26, 2008 609 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 082608-2 Affirmation of Authorization to Pick-up the Employee's Contribution to VRS for ROANOKE COUNTY, 55180 Under ~ 414(h) of the Internal Revenue Code WHEREAS, ROANOKE COUNTY provides its employees with tax deferral pursuant to ~ 414(h) of the Internal Revenue Code with respect to their member contributions to the Virginia Retirement System (referred to as VRS) by picking up member contributions to VRS; and WHEREAS, VRS keeps track of such picked up member contributions, and treats such contributions as employee contributions for all purposes of VRS; and WHEREAS, the Internal Revenue Service in Notice 2006-43 has provided transition relief for existing pick up arrangements provided that an authorized person takes formal action to evidence the establishment of the pick-up arrangement no later than January 1, 2009; and WHEREAS, in order to avail itself of the protection given under Notice 2006-43, ROANOKE COUNTY desires to affirm its intention to establish and maintain a pick-up arrangement through formal action by its governing body. NOW, THEREFORE, IT IS HEREBY RESOLVED that the existing member contribution pick-up arrangement is hereby affirmed as it relates to salary reduction elections in effect prior to the date of this Resolution, and iUs further RESOLVED that effective the first pay day on or after August 26, 2008, ROANOKE COUNTY shall pick up member contributions of its employees to VRS, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code of the United States; and it is further RESOLVED that such contributions, although designated as member contributions, are to be made by ROANOKE COUNTY in lieu of member contributions; and it is further RESOLVED that pick up member contributions shall be paid from the same source of funds as used in paying the wages to affected employees; and it is further RESOLVED that member contributions made by ROANOKE COUNTY under the pick up arrangement shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same manner and to the same extent as member contributions made prior to the pick up arrangement; and it is further 610 August 26, 2008 RESOLVED that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the pick up contributions made by ROANOKE COUNTY directly instead of having them paid to VRS; and it is further RESOLVED that notwithstanding any contractual or other provisions, the contributions of each member of VRS who is an employee of ROANOKE COUNTY shall be picked up using the method under which the employer will pay the employees' statutorily required contributions to VRS and the salary will not be modified. 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: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Flora moved to approve the first readings and set the second readings and public hearings for September 23, 2008. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 1. First readina of an ordinance upon the petition of Starkey Medical, PC to modify existina proffered conditions in ! C-1C. Office District with Conditions. on 1.241 acres located at 5681 Starkey Road. Cave Sprina Maaisterial District 2. First readina of an ordinance upon the petition of Kroaer Limited Partnership to obtain ! Special Use Permit in ! C-2, General Commercial District. to operate! drive-in and fast food restaurant on 18.02 acres located at 3940 Valley Gateway Boulevard. Vinton August 26, 2008 611 Maaisterial District APPOINTMENTS 1: Capital Improvement Proaram (CIP) Review Committee (appointed !rl district) Chairman Flora advised that the following one-year terms will expire on August 31, 2008: (a) Mike Jeffrey, Cave Spring District; and (b) Steve Campbell, Hollins District. Supervisor Moore advised that Mr. Jeffrey has indicated his willingness to serve an additional one-year term. It was the consensus of the Board to place confirmation of this appointment on the Consent Agenda. 2. Economic Development Authoritv Chairman Flora advised that the four-year term of Linwood Windley, who lives in the Windsor Hills District, will expire on September 26, 2008. Supervisor McNamara requested that a closed meeting be scheduled for the next Board meeting to discuss the appointment. Supervisor Church advised that while he did not see a problem, he would be glad to discuss the appointment in closed meeting. IN RE: 3. Grievance Panel Chairman Flora advised that the three-year term of King Harvey will expire on September 24, 2008, and inquired if Mr. Harvey was willing to serve an additional term. The Clerk advised that she had been informed that Mr. Harvey was agreeable to 612 August 26, 2008 serving an additional term. It was the consensus of the Board to place confirmation of this appointment on the Consent Agenda. 4. Social Services Advisory Board (aDDointed .Qy district) Chairman Flora advised that the four-year term of Douglas C. Forbes, Vinton Magisterial District, expired on July 31, 2008. He stated that Mr. Forbes was not eligible for reappointment as he has served two consecutive terms. Chairman Flora also advised that the representative from the Catawba Magisterial District has resigned, and this four-year term expired on July 31, 2009. Chairman Flora advised that there were no recommendations for appointments at this time, and requested that the item be continued to the next agenda. IN RE: CONSENT AGENDA R-082608-3 Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 082608-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for August 26, 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: August 26, 2008 613 1. Approval of minutes - June 10, 2008, and August 12, 2008 2. Request from the schools to accept and appropriate funds in the amount of $83,728.05 for Fiscal Year 2008-2009 3. Request to accept and appropriate a Local Government Challenge Grant in the amount of $5,000 from the Virginia Commission for the Arts 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Supervisor Flora requested that a work session be scheduled to review leash laws. Mr. Mahoney advised that he would schedule the work session. 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 Unaoorooriated Balance 2. Caoital Reserves 3. Reserve for Board Continaencv 4. Accounts Paid = Julv 2008 2. Statement of exoenditures and estimated and actual revenues for the month ended Julv 31. 2008 614 August 26, 2008 IN RE: ~. Statement of the Treasurer's Accountability per Investment and Portfolio Policy as of July 31. 2008 WORK SESSIONS 1: Work session to discuss the preliminary financial results for year ended June 30. 2008. (Diane Hyatt. Chief Financial Officer: Rebecca Owens. Director. Finance: Brent Robertson. Director. Manaaement and Budaet) The work session was held from 3:45 p.m. until 4:05 p.m. The following County staff was present: Diane Hyatt, Chief Financial Officer; Rebecca Owens, Director, Finance; and Brent Robertson, Director, Management and Budget. Mr. Robertson distributed and reviewed the Fiscal Year 2007-2008 Year End Revenue Analysis. He reported that the preliminary unaudited revenues for County operations for the year ended June 30, 2008, exceeded budgeted revenues by $2,440,496, and that the grand total for surplus revenue is $1,040,496 after deductions of $1,150,000 for appropriations of year-end balances and $250,000 for Salem's share of existing jail renovations. In response to Supervisor McNamara's inquiry, he advised that according to County policy, the surplus revenues should be put into the general fund balance. Ms. Hyatt advised that the Board will be asked to make that decision at a later date. Ms. Hyatt advised that these funds would increase the general fund balance to approximately 9.4 percent and that the goal for this year is between 9 percent and 10 percent. August 26, 2008 615 Ms. Owens distributed and reviewed the Departmental Summary of Expenditures for Fiscal Year 2007-2008. She advised that while most departments were within the budget, there were several departments which had deficits including Fire and Rescue, General Services, and Parks, Recreation and Tourism. She advised that the overages were primarily due to increases in fuel costs, additional tipping fees created by additional tonnage to the Roanoke Valley Resource Authority, and unexpected expenditures for events such as the Green Ridge Fire. She stated that the County should still be able to add approximately $350,000 to $500,000 to the minor capital reserve this year which is consistent with what has been done previously. Mr. Chambliss advised that staff anticipates that adjustments to the County's budget may be necessary in mid-year rather than waiting until year-end due to the impacts of State revenues, the County's real estate values, and other factors that may necessitate looking at expenditures. In response to Supervisor Altizer's inquiries, Mr. Mahoney advised that considering comments made by the Governor and legislators, it is believed that there will be additional mid-year adjustments to the State budget. Ms. Hyatt advised that the schools have been notified that they will not be exempt from future State budget reductions. Supervisor Altizer requested that staff be prepared with a worse-case scenario if the State adjusts its budget to require an additional $500,000 from the County. 616 August 26, 2008 Mr. Chambliss advised that revenues and expenditures will be reviewed each month to keep information current; and as soon as staff has any indication of the State's intentions, information will be provided to the Board. 2. Work session to discuss Community Development Authorities (COAl. (Paul Mahonev. County Attornev: Bonnie France. County's Bond Counsel: Jim Johnson and Kevin Rottv. Moraan Keeaan & Company. County's Financial Advisors) The work session was held from 4: 1 0 p.m. until 4:33 p.m. Paul Mahoney, County Attorney, was present and the following persons were present via a telephone conference call: Bonnie France, County's Bond Counsel; and Jim Johnson and Kevin Rotty, Morgan Keegan & Company, County's Financial Advisors. Mr. Mahoney advised that after the work session on June 10, 2008, the Board directed staff to conduct more research on COA's and report that information to the Board. He advised that Ms. France, Mr. Johnson, and Mr. Rotty were joining the work session via a telephone conference call and were available to answer questions. Mr. Mahoney reviewed the guidelines that he drafted for the approval of the creation of the COA. He advised that these guidelines would require someone seeking to create a COA to work with County staff to develop a petition, an ordinance, and memorandum of understanding in advance of the formal notice and public hearing procedures required by State Code. He advised that the guidelines also require specific detailed information with respect to the public improvements that are to be constructed August 26, 2008 617 with the CDA, a business plan for the project, financial information, and the payment of an initial $20,000 submission fee to cover the County's costs in reviewing the CDA petition. Mr. Mahoney reviewed a draft ordinance which states that the County elects to assume the power to consider petitions for the creation of the CDA. Mr. Mahoney requested that the Board provide feedback to him on the guidelines and asked if they are comfortable with going forward with creating the CDA. Supervisors Altizer and Church advised that they would provide suggestions about the guidelines to Mr. Mahoney. Mr. Mahoney advised that he would suggest that the first reading of the ordinance be held on September 9, 2008, and the second reading of the ordinance and public hearing be held on September 23, 2008. He advised that the Board could also adopt the guidelines by resolution at the September 23, 2008, meeting. In response to Supervisor Altizer's inquiry concerning appointment of members to the CDA, Mr. Mahoney advised that the Board would appoint members to the CDA as provided in the guidelines; however, appointing members of the Economic Development Authority (EDA) to a CDA is prohibited under current law. He suggested that a request to allow the appointment of a member of the EDA could be added to the County's legislative program. Mr. Johnson and Ms. France concurred that a financial staff member of the County should be appointed to serve on the CDA to create cooperation between the County and CDA. 618 August 26, 2008 In response to Supervisor Altizer's inquiry about who would make the determination of whether something is considered a public infrastructure, Ms. France advised that this would be determined by two entities. She stated that the Board of Supervisors would decide from a policy standpoint as to whether or not they desired to create a CDA and bond counsel to the CDA would have to consider whether it is a public infrastructure under Internal Revenue Service rules which has a more restrictive definition. It was the consensus of the Board that Mr. Mahoney move forward with the actions as proposed to create the CDA. 3. Work session to review the issue of parkina recreational vehicles on corner lots. (Philip Thompson, Deputy Director of Plannina) The work session was held from 4:40 p.m. until 5:25 p.m. The following County staff was present: Arnold Covey, Director, Community Development; Philip Thompson, Deputy Director of Planning; John Murphy, Zoning Administrator; and Paul Mahoney, County Attorney. Mr. Covey advised that as the Board requested, the Planning Commission held work sessions to review the issue of parking recreational vehicles on corner lots. He advised that after extensive discussions involving the Planning Commission, the Board of Zoning Appeals, and staff, it was the consensus of the Planning Commission that the existing ordinance remain unchanged. August 26, 2008 619 Mr. Murphy made a PowerPoint presentation (a copy of which is on file in the Clerk's Office) to review the five alternatives which were presented to the Planning Commission. Included in the presentation were illustrations of each option, and Mr. Murphy commented on the pros and cons of each and advised that civil penalties could be authorized. Mr. Murphy advised that staff researched this subject with 12 other jurisdictions and that many of these ordinances were similar to the intent provided for the existing Roanoke County Code, with some including measures that County staff determined to be overly difficult to enforce. Mr. Mahoney advised that 9 of the 12 jurisdictions are utilizing ordinances which are similar to the County's ordinance. Supervisor McNamara advised that staff had done an excellent job researching the subject; however, he thought that the ordinance should be changed and that other members of the Board had expressed their interest in changing it. He requested that a change in the ordinance be brought back to the Board for a vote. Supervisor Church advised that there should be a compromise, and he was agreeable to tweaking the corner lot definition. Chairman Flora requested that an item be placed on the Board's agenda to initiate an amendment to the zoning ordinance and refer it to the Planning Commission. In response to Mr. Mahoney's inquiry for suggestions on how to change the ordinance, Supervisor McNamara suggested that the County allow a utility trailer or boat up to 21 feet to be parked on the side yard of a corner lot as long as it does not 620 August 26, 2008 compromise sight distance. Mr. Mahoney advised that he would bring an action back to the Board at the next meeting as requested. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .1.: Resolution of aooreciation to the Bent Mountain Volunteer Fire Comoanv for service and dedication uoon its 50th anniversary R-082608-4 Chairman Flora requested that Roger Vest, Chief, Bent Mountain Volunteer Fire Company, introduce those who were present for the recognitions of the Bent Mountain Volunteer Fire Company and Bent Mountain Volunteer First Aid and Rescue Crew. Chief Vest introduced Teddy Crowe, Deputy Chief, member, Fire and Rescue; Sharon Vest, member, Fire, and former member, Rescue; Frances Wimmer, member, Rescue; Patricia Estes, member, Rescue; Sandra Nichols, member, Rescue; and Rebecca Dameron, member, Fire and Rescue. Richard Burch, Chief, Fire and Rescue, and Joey Stump, Division Chief-Administration, Fire and Rescue, were also present for the recognitions. Chairman Flora and Supervisor McNamara presented the resolution to Chief Vest. The Board members expressed their appreciation to Chief Vest and the members of the Bent Mountain Volunteer Fire Company for their services during the past 50 years. Chief Vest expressed appreciation on behalf of the members of the Bent Mountain Volunteer Fire Company to the Board for their support during the years. August 26, 2008 621 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 082608-4 OF APPRECIATION TO BENT MOUNTAIN VOLUNTEER FIRE COMPANY FOR SERVICE AND DEDICATION UPON ITS 50TH ANNIVERSARY WHEREAS, the Bent Mountain Volunteer Fire Department was formed at a meeting on February 23, 1958, with more than thirty-one volunteer firefighters willing to serve their community; and WHEREAS, in March 1958, property was bought next to the current post office for the first Bent Mountain Fire Station with donations from the owner of the land and the volunteers with additional funds being raised at a Firemen's Festival; and WHEREAS, the original "first-run" fire apparatus was used equipment which was up-fitted with larger, more powerful engines and equipment provided by the charter members and members of the community, and the brush truck came from Army surplus; and WHEREAS, in 1960, the Bent Mountain Volunteer Fire Company responded to approximately 14 calls; and today the station runs approximately 85 fire-related calls per year; and WHEREAS, the Bent Mountain Volunteer Fire Company currently has fifteen firefighters serving their community and responding to calls during weeknights, weekends and holidays. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of its citizens, does hereby extend its gratitude and appreciation to the volunteers of the BENT MOUNTAIN VOLUNTEER FIRE COMPANY for their service and dedication to public safety in Roanoke County; and FURTHER, BE IT RESOLVED, that the Board of Supervisors extends its congratulations to the Bent Mountain Volunteer Fire Company on the occasion of its 50th anniversary. 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 622 August 26, 2008 2. Resolution of appreciation to the Bent Mountain Volunteer First Aid and Rescue Crew for service and dedication upon its 45th anniversary R-082608-5 Chairman Flora and Supervisor McNamara presented the resolution to Ms. Estes who advised that Chief Sonja Stump, Bent Mountain Volunteer Fire Aid and Rescue Crew, was unable to attend the meeting. The Board members expressed their appreciation to Ms. Estes, Chief Stump, and the members of the Bent Mountain Volunteer First Aid and Rescue Crew for their services during the past 45 years. Ms. Estes expressed appreciation on behalf of Chief Stump and the other members to the Board for the recognition and their support during the years. 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 082608-5 OF APPRECIATION TO BENT MOUNTAIN VOLUNTEER FIRST AID AND RESCUE CREW FOR SERVICE AND DEDICATION UPON ITS 45TH ANNIVERSARY WHEREAS, the Bent Mountain Volunteer First Aid and Rescue Crew was formed on May 13, 1963, with seventeen volunteer members willing to serve their community; and WHEREAS, the Bent Mountain Volunteer Fire Department made a donation to start the program, each member of the Rescue Crew contributed equipment for the first aid kit, and the Roanoke Life Saving Crew provided oxygen; and August 26, 2008 623 WHEREAS, in 1964, the Rescue Crew bought a Ford Wagon to use as an ambulance and a car as a utility vehicle, and utilized an International vehicle as another ambulance; and WHEREAS, in 1964, the Rescue Crew ran approximately four calls, and in 1967, they responded to 130 calls from as far away as Catawba, Rocky Mount, and Copper Hill; and in the early years, the Rescue Crew often provided assistance for races at Pilot Raceway; and WHEREAS, the Rescue Crew often ran calls for transport, picking people up at the hospital and bringing them home; and when they transported someone to the hospital, they would wait for the patient to be treated and bring them back home; and WHEREAS, in 1969, the Rescue Crew ran approximately 150 calls, and today the Bent Mountain Station answers approximately 176 emergency medical services (EMS) calls per year; and WHEREAS, the Rescue Crew currently has nine volunteer members serving their community and responding to calls during weeknights, weekends, and holidays. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of its citizens, does hereby extend its gratitude and appreciation to the members of the BENT MOUNTAIN VOLUNTEER FIRST AID AND RESCUE CREW for their service and dedication to public safety in Roanoke County; and FURTHER, BE IT RESOLVED, that the Board of Supervisors extends its congratulations to the Bent Mountain Volunteer First Aid and Rescue Crew on the occasion of its 45th anniversary. 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 IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES .1: (WITHDRAWN AT THE REQUEST OF THE PETITIONER) Second readina of an ordinance upon the petition of Joe Lambert to obtain ~ Special Use Permit in ~ C-2. General Commercial District. to operate! drive-in and fast food restaurant on 0.5 acre. located at 3115 Brambleton Avenue. Windsor Hills Maaisterial District. (Philip Thompson. Deputy Director of Plannina) 624 August 26, 2008 Chairman Flora advised that this item has been withdrawn at the request of the petitioner. 2. Second readina of an ordinance uoon the oetition of Georae Kemo to obtain! soecial use oermit in ! C-2. General Commercial District. to ooerate ! drive-in and fast food restaurant on 1.56 acres located at 3100-8 Peters Creek Road. Catawba Maaisterial District. (Philio Thomoson. Deoutv Director of Plannina) 0-082608-6 Mr. Thompson advised that Mr. Kemp currently leases 800 square feet within an existing shopping center on Peters Creek Road to operate a restaurant with take-out service. He stated that Mr. Kemp wants to add delivery service between the hours of 10:30 a.m. to 11 :30 a.m. and from 1 :30 p.m. to 3:00 p.m. Mr. Thompson provided an analysis of the project and reported on the surrounding zoning and land uses. He reported that the future land use is transition and that the proposal conforms to the Community Plan. Mr. Thompson advised that the Planning Commission held a public hearing on August 5, 2008, and there were no citizens to speak on the petition. He reported that there were no questions or concerns from the Planning Commissioners, and they recommended approval of the special use permit with two conditions. Mr. Thompson reviewed the following conditions: (1) The special use permit shall only pertain to the existing leased area of the current business (approximately 800 square August 26, 2008 625 feet) located at 3100-8 Peters Creek Road. (2) No drive-through window shall be constructed or utilized; only delivery service shall be permitted. Mr. Kemp, petitioner, advised that staff's review of his request had been complete, and he would appreciate the County's approval of his request. There were no citizens to speak. Supervisor Flora inquired if this was strictly a request for delivery from an existing restaurant. Mr. Thompson advised that this was correct. Supervisor Altizer inquired if people could dine at the existing restaurant, and Mr. Thompson explained that this is an existing restaurant which currently only provides take-out service. Supervisor Flora stated that the restaurant is located at the entrance to the North Lakes subdivision. Supervisor Church advised that he thought the request should be approved. He advised that there is a traffic signal at the intersection of North Lakes Drive and Peters Creek Road and that no major improvements are necessary. He wished the petitioner good luck with his business. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 626 August 26, 2008 ORDINANCE 082608-6 GRANTING A SPECIAL USE PERMIT TO OPERATE A DRIVE-IN AND FAST FOOD RESTAURANT ON 1.56 ACRES LOCATED AT 3100-B PETERS CREEK ROAD (TAX MAP NO. 37.14-1-49) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF GEORGE KEMP WHEREAS, George Kemp has filed a petition for a special use permit to operate a drive-in and fast food restaurant on 1.56 acres to be located at 3100-B Peters Creek Road (Tax Map No. 37.14-1-49) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August5,2008;and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 22, 2008; the second reading and public hearing on this matter was held on August 26, 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 George Kemp to operate a drive-in and fast food restaurant to be located at 3100-B Peters Creek Road in the Catawba Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: (1) The special use permit shall only pertain to the existing leased area of the current business (approximately 800 square feet) located at 3100- B Peters Creek Road. (2) No drive-through window shall be constructed or utilized; only delivery service shall be permitted. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None August 26, 2008 627 3. Second readina of an ordinance uoon the oetition of Bill Hinton to obtain! soecial use oermit in ! C-2. General Commercial District. to ooerate ! car wash on 1.11 acres located at 4035 Challenaer Avenue. Vinton Maaisterial District. (Philio Thomoson. Deoutv Director of Plannina) 0-082608-7 Mr. Thompson advised that Mr. Hinton is requesting a special use permit to operate a car wash at the new Kroger shopping center off Route 460. Mr. Thompson provided an analysis of the project and reported on the surrounding zoning and land uses. He advised that access to the site will be from the drive aisles within the Kroger shopping center, and there will be no access from Route 460. He stated that the proposal conforms to the future land use designation of Core which is a high intensity commercial use in the Community Plan. Mr. Thompson advised that the Planning Commission held a public hearing on August 5, 2008, and that there were no citizens to speak on this item. He advised that the Planning Commissioners had questions regarding signage, construction materials, lighting, and landscaping. He stated that the Planning Commission recommended approval of the special use permit with the following five conditions: (1) The site shall be developed in substantial conformance with the "Car Wash at Kroger Square - Development Plan," prepared by Balzer and Associates, Inc. dated June 6, 2008. (2) The building shall be constructed in general conformance with 628 August 26, 2008 the "Car Wash at Kroger Square Elevation" drawings prepared by Balzer and Associates, Inc. dated June 6, 2008. (3) A monument sign, not to exceed 20 feet in height, shall be constructed with materials to match the building. No LED or digital message boards shall be permitted. Additionally, no temporary signs or banners shall be permitted. (4) The sides and rear of the dumpster enclosure shall be constructed of materials to match the building fayade. The dumpster enclosure shall be screened by tree and shrub plantings. (5) Additional trees shall be planted in the parking lot and a perimeter planting bed shall be designed in front of the stacking lane facing Challenger Avenue. Ben Crew, Blazer and Associates, advised that he was representing the petitioner, Mr. Hinton, who was present. Mr. Crew distributed a proposed monument sign diagram and updated development plan to the Board and advised that he would highlight several items on these documents. Mr. Crew advised that the project is a single-bay automated car wash with attendants on site during the hours of operation. He advised that there will be two pay stations similar to A TM's and the petitioner mayor may not want to install awnings which match the colors of the building if there is a problem with glare or sunlight on the screens at the pay stations. He advised that the dumpster enclosure will be constructed with materials matching the building, and there will be additional landscaping. He advised that the petitioner anticipates that the car wash will be open during the daylight hours and perhaps later during the summer, and it may be closed at night and not open twenty-four hours a day during the winter. August 26, 2008 629 Mr. Crew advised that the only change to the development plan he distributed was that the signage was being moved to the southwest further down Challenger Avenue. He advised that the building will be constructed of split-face block in neutral colors, and there will be entering and exiting garage doors which will be shut when the car wash is closed. He advised that the petitioner is requesting a change in the rendering that was included in the Board's agenda packet to include the option of utilizing a blue roof instead of a green roof. He advised that the monument sign diagram he distributed illustrated a sign 11 feet wide and 20 feet tall with a standard mounted sign and LED reader board which would provide the petitioner with the opportunity to control advertising on the site. Mr. Crew advised that the petitioner IS requesting that the following amendments be made to the conditions as proposed by the Planning Commission: (1) Condition 1 would reference the date of August 26, 2008, which pertains to the relocation of the sign; (2) Condition 2 would include the change from a green roof to a blue roof; (3) Condition 3 would delete "no LED or digital message boards shall be permitted". He advised that the petitioner agreed to the provision that "no temporary signs or banners shall not be permitted on site". He advised that the petitioner does not wish to change Condition 4 and Condition 5. 630 August 26, 2008 Supervisor Church advised that according to the diagram provided by the petitioner, the format seemed similar to that of a car wash on West Main Street in Salem. Mr. Crew agreed that this was a similar set up for a car wash. There were no citizens present to speak on this item. Mr. Crew responded to questions from Supervisor Altizer concerning the material and color of the roof, the structure and height of the dumpster area, and activities at the car wash. Mr. Crew advised that the roof is mostly flat; however, a small area will have a metal standing seam roof. He advised that they are proposing the option of the blue roof color to be compatible with the Kroger building. Mr. Crew advised that the materials for the dumpster enclosure will match the sign, and the height of the dumpster will be approximately 8 feet. Mr. Crew advised that the dumpster will be serviced regularly and will include only general refuse. Mr. Crew advised that all the washing and waxing will be done by automation within the building and vacuuming is the only thing that will be done outside. Mr. Crew confirmed to Supervisor Altizer that the sign will be used to advertise the business and the different services of the car wash. In response to Supervisor Flora's inquiry, Mr. Crew advised that there will be six vacuums, and there will be connection points so that each person will be able to use a nozzle to reach their vehicle. Supervisor Altizer asked Mr. Thompson if he had any problem with moving the proposed sign from one side of the lot to the other in the site plan. Mr. Thompson advised that he did not have a problem with the change. August 26, 2008 631 Supervisor Altizer advised that this is a nice looking car wash. He stated that he was not convinced that this is the best place for the car wash on this piece of property; however, he did not think this was reason enough not to approve the request. Supervisor Altizer advised that he understood that the Planning Commission recommended that no electronic reader boards be allowed; however, he thought that the Board should allow this since Kroger already has one and Arby's was approved by the Board approximately a month ago. He advised that he thought that electronic reader boards would be preferable to having signs with missing letters. After consulting with Mr. Mahoney as to the language necessary to amend the conditions, Supervisor Altizer advised that his motion would be to move approval of the ordinance and he wanted to amend the conditions as follows: Condition 1: The development plan date should be changed from June 6, 2008, to August 26, 2008, and this condition pertains to the moving of the sign. Condition 2: Add "with a green or blue roof at the owners' option" Condition 3: Since an electronic reader board will be allowed, the second sentence "No LED or digital message board shall be permitted" should be deleted. The following language should be added: "Proposed Monument Sign plan prepared by Balzer and Associate Inc. dated August 26, 2008," and "Only advertising for the car wash will be allowed and there will be no off-premises advertising." Condition 4 and Condition 5 will remain as stated. 632 August 26, 2008 Supervisor Altizer moved to adopt the ordinance with revisions to conditions #1, 2, and 3, and that conditions #4 and 5 will remain as stated. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 082608-7 GRANTING A SPECIAL USE PERMIT TO OPERATE A CAR WASH ON 1.11 ACRES LOCATED AT 4035 CHALLENGER DRIVE (TAX MAP NO. 50.01-1-5.11) VINTON MAGISTERIAL DISTRICT, UPON THE PETITION OF BILL HINTON WHEREAS, Bill Hinton has filed a petition for a special use permit to operate a car wash on 1.11 acres to be located at 4035 Challenger Drive (Tax Map No. 50.01-1- 5.11) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 5, 2008; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 22, 2008; the second reading and public hearing on this matter was held on August 26, 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 Bill Hinton to operate a car wash to be located at 4035 Challenger 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) The site shall be developed in substantial conformance with the "Car Wash at Kroger Square - Development Plan," prepared by Balzer and Associates, Inc. dated August 26, 2008. (2) The building shall be constructed in general conformance with the "Car Wash at Kroger Square Elevation" drawings prepared by Balzer and Associates, Inc. dated June 6, 2008; with a green or blue roof at the owners' option. August 26, 2008 633 (3) A monument sign, not to exceed twenty (20) feet in height, shall be constructed with materials to match the building in accordance with "Proposed Monument Sign" plan prepared by Blazer and Associate Inc. dated August 26, 2008. No temporary signs or banners shall be permitted. Only advertising for the car wash will be allowed and there will be no off-premises advertising. (4) The sides and rear of the dumpster enclosure shall be constructed of materials to match the building fac;ade. The dumpster enclosure shall be screened by tree and shrub plantings. (5) Additional trees shall be planted in the parking lot and a perimeter planting bed shall be designed in front of the stacking lane facing Challenger Avenue. 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 revisions to conditions #1, 2, and 3, and that conditions #4 and 5 will remain as stated, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore: She advised that she will be leaving Thursday to attend her son's graduation from the Great Lakes Naval Academy. She advised that she was very proud of her son as well as all servicemen, servicewomen, and veterans and expressed her appreciation to them. Supervisor McNamara: (1) He advised that a citizen has contacted him regarding the Matt Funk transmission line crossing Bent Mountain and the impact to his property. He asked Mr. Chambliss to follow up on this with Mr. Moore and APCo and advised that he thought the line was supposed to run parallel to the existing line. Mr. Chambliss advised that at a meeting several weeks ago, representatives from American 634 August 26, 2008 Electric Power (AEP) indicated that the preferred route would parallel the existing 138 kV line from the substation near Spring Hollow Reservoir over to the top of Bent Mountain. He advised that while the route would cross 28 parcels, the power company is hoping to route the new line around one home and purchase another home. He advised that the application has been filed with the State Corporation Commission (SCC) and the review process will probably take six months to a year. He reported that the right of way will be roughly 100 feet wide for the new tower and wires and much of the upgrade will be to the transformers at the substation near Spring Hollow Reservoir. He advised that he will follow up with AEP and Mr. Moore. Supervisor McNamara advised that if the SCC is going to accept comments, he would like to make sure that Mr. Moore knows how to proceed. (2) He advised that at the entrance to Meadow Creek Subdivision there are a couple of lots that the neighbors have purchased and are developing. He advised that the neighbors want to move poles out of the Verizon and Cox right of ways; however, a significant amount of money will be necessary to move them. He asked Mr. Covey, Director of Community Development, to look into the citizens' concerns and determine if there is any recourse for the homeowners. (3) He congratulated everyone at the Bent Mountain Fire Company and Bent Mountain Volunteer First Aid and Recue Crew upon their anniversaries. He advised that he was sorry he was unable to attend their celebration this weekend as he was in Northern Virginia. August 26, 2008 635 Supervisor Flora: (1) He advised that his daughter had completed requirements for her masters' degree at Hollins University and received an "A" on her thesis. He advised that he was very proud of her accomplishments and wished her the best. (2) He thanked staff for doing a fine job and congratulated Mr. Chambliss on keeping the meetings short. IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 7:55 p.m. Submitted by: Approved by: ~a-~. ~ Brenda J. H Iton, CMC Deputy Clerk to the Board ~\ 0,^-~ e ~~S Richard C. Flora Chairman 636 August 26, 2008 (This page left intentionally blank)