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11/11/2008 - Regular November 11, 2008 707 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 11, 2008 The Board of Supervisors of Roanoke County, Virginia, met this day atthe Roanoke County Administration Center, this being the second Tuesday and the only regularly scheduled meeting of the month of November 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, County Administrator; Joseph Obenshain, Senior Assistant County Attorney; Dan O’Donnell, Assistant County Administrator; Mary V. Brandt, Acting Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Pastor Marshall Allen, West Salem Baptist Church. The Pledge of Allegiance was recited by all present. 708 November 11, 2008 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Obenshain requested that a closed session be added pursuant to the Code of Virginia Section 2.2-3711.A.29. It was the consensus of the Board to add the closed session. IN RE: NEW BUSINESS 1. Request to adopt a resolution granting a waiver under Section 13- 23 of the Roanoke County Code to the provisions of the County’s Noise Ordinance, Article II. Noise of Chapter 13: Offenses - Miscellaneous of the Roanoke County Code, Firstchoice Public Private Partners, LLC. (Dan O’Donnell, Assistant County Administrator) R-111108-1 Mr. O’Donnell advised that Firstchoice Public Private Partners, LLC is requesting a waiver to the County’s noise ordinance for approximately six concrete slab pours at the site of the multi-generational recreation center on Woodhaven Road near Valleypointe Parkway. He reported that this work must begin at night as each slab should be poured continuously to ensure the quality of the concrete. He stated that each pour will begin approximately at midnight and be completed the following day, so there will be one night of noise per pour. He noted that there were only two houses that will be impacted by the noise generated by these pours. November 11, 2008 709 Mr. O’Donnell advised that the dates requested for the waiver are from December 2008 until March 2009. However, in order to provide flexibility for possible weather-related issues, the dates listed in the proposed ordinance are from December 1, 2008, until May 1, 2009. He added that representatives of English Construction were present to answer questions. Supervisor Church requested that the neighbors be notified one week prior to each pour, and Mr. O’Donnell agreed to do so. 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 111108-1 GRANTING A WAIVER UNDER SECTION 13- 23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY’S NOISE ORDINANCE, ARTICLE II. OF CHAPTER NOISE 13: OF THE ROANOKE COUNTY OFFENSES - MISCELLANEOUS CODE, FIRSTCHOICE PUBLIC PRIVATE PARTNERS, LLC. WHEREAS, Firstchoice Public Private Partners, LLC, the contractor for the Roanoke County multigenerational recreation center, for the purposes of performing necessary concrete pours, has requested a waiver of the County’s noise ordinance as contemplated under Sec. 13-23. Undue hardship waiver. to permit this concrete work beginning on December 1, 2008, and ending May 1, 2009; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance, Article II. Noise of Chapter 13: Offenses - Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13-23 and after making certain alternative findings. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. In making its determination as to whether to grant the requested waiver to the Firstchoice Public Private Partners, LLC from the County’s noise ordinance, the 710 November 11, 2008 Board of Supervisors has considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning at approximately 12:00 a.m. on December 1, 2008, and ending 5:00 p.m. on May 1, 2009. b. Whether the noise is intermittent or continuous: The noise produced during the process of pouring concrete at the multi-generational recreation center, located at the intersection of Woodhaven Road and Valleypointe Parkway, will be intermittent and will occur in approximately six pours, each of which will begin at approximately midnight and continue through the end of following work day. c. The extensiveness of the noise: Each pour will only require one night for the night portion of the work. There will be approximately six nights of noise during the waiver period. Noise will be produced by concrete trucks, generators, and other necessary ancillary equipment. d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: This work has to be initiated at night due to the fact that the concrete must be poured continuously to ensure the quality of the concrete slabs, therefore it is not technically feasible to conform with the noise ordinance. e. Other matters related to the impact of the noise on the health, safety, and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: The truck traffic will come through Valleypointe Parkway and turn left onto Woodhaven Road. By using this traffic pattern, only two inhabited houses will be in the area impacted by the work or traffic noise. f. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by the work is limited to one night for each of six planned pours. It consists of concrete trucks and generators necessary to complete the work. This work is necessary for the completion of the multi-generational recreation center. Not granting the waiver would result in the contractor being unable to complete the project in accordance with the project schedule, thereby suffering substantial penalties for non-compliance with the Comprehensive Agreement. Furthermore, denying the waiver request would cause the facility opening to be delayed to the detriment of the community. The Board of Supervisors makes the following finding: Compliance with the provisions of the County’s noise ordinance concerning the specific act of noise disturbance by construction machinery or operations under subsection (1) of Sec. 13-21. Specific acts as noise disturbance. or under the provision of Sec. 13-20. General prohibition. would produce serious economic hardship for Firstchoice Public Private November 11, 2008 711 Partners, LLC, without producing any substantial benefit to the public. 2. That the provisions of Sec.13-21. Specific acts as noise, subsection (1) and Sec. NOISEOFFENSES - 13-20. General prohibition. of Article II. of Chapter 13. MISCELLANEOUS be WAIVED for a period from December 1, 2008, until May 1, 2009. 3. This Waiver is granted specifically to Firstchoice Public Private Partners, LLC, its officers, employees, and agents for construction work and related activities at the multi-generational recreation center construction site in Roanoke County, Virginia, for work performed between December 1, 2008, and May 1, 2009, for six non- consecutive days, each beginning at approximately midnight and ending the following business day. The County Administrator shall be notified of the specific nights of the work by Firstchoice no less than one week prior to each night that night work will be occurring. 4. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 5. That this Resolution shall be in full force and effect from its passage. 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 2. Request to accept and appropriate grant funds in the amount of $45,000 from the State Wireless Board for a citizens alerting system. (Elaine Carver, Chief Information Officer) A-111108-2 Ms. Carver advised that staff has submitted a grant application to the State Wireless Board for a citizen alerting system also referred to as reverse 911. She stated that this citizen’s alerting system will allow the County to notify citizens automatically in the event of an emergency in the method or methods they choose which will allow public safety personnel to be redirected to handling the emergency. Ms. Carver reported that strengthening communications capabilities within local communities is ranked fifth on the national priorities list included in the Virginia 712 November 11, 2008 State Preparedness Report and that the Virginia State Homeland Security Strategy emphasizes the need to ensure the safety of the citizens of the Commonwealth. She added that implementing a citizen alerting system will not only bring Roanoke County into alignment with the goals set forth by the Commonwealth, but will bring the County’s services in line with surrounding localities that are using or in the processing of purchasing this technology including the cities of Roanoke and Salem and the counties of Franklin, Montgomery, and Botetourt. Ms. Carver stated that staff will use the grant funds to purchase the necessary software and services to implement the system. She advised that these funds will cover the initial expenses and early ongoing costs for the project. She added that no matching funds will be required and annual maintenance costs of $20,000 will be incorporated into the operating budget of the Emergency Communication Center. There was no discussion on this item. Supervisor Church moved to approve the staff recommendation (accept and appropriate the grant in the amount of $45,000 to the Emergency Communication Center budget). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 3. Presentation of results of operations for fiscal year ended June 30, 2008, and appropriation of $250,000 from the City of Salem for November 11, 2008 713 renovations to the existing jail. (Rebecca Owens, Director of Finance) A-111108-3 Ms. Owens advised that actual revenues for the year ended June 30, 2008, were approximately $2.3 million over budgeted revenues. She reported that $1,150,000 was spent on expenditures during the fiscal year 2008-2009 budget and that $250,000 was collected from Salem for renovations to the existing jail which needs to be appropriated leaving a balance of $906,609. She stated that the additional revenues were derived from investment income and increased tax collections. She added that departmental expenditure savings were $539,814. Ms. Owens advised that $906,609 will be added to the general fund unappropriated balance bringing the fund’s total to $17.6 million or 9.38 percent of general fund revenues. She added that $241,324 will be allocated for departmental capital purchases, and $298,490 will be added to the minor capital reserve bringing this fund’s balance to $1.8 million. Ms. Owens reported that Roanoke County Schools ended the year with a surplus of $5.3 million. She advised that the School Board will take action to approve their report on year-ends funds at the November 13, 2008, School Board meeting. Ms. Owens advised that the only action required from the Board is to appropriate the $250,000 collected from the City of Salem for renovations to the existing jail. 714 November 11, 2008 There was no discussion on this item. Supervisor Church moved to approve the staff recommendation (appropriate $250,000 from the City of Salem for renovations to the existing jail). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 4. Request to adopt a resolution approving the sale of the Southview school property by the Roanoke County School Board. (Joseph Obenshain, Senior Assistant County Attorney) R-111108-4 Mr. Obenshain advised that the County acquired the Southview property in 1990. He reported that per an agreement with the School Board, the County agreed to return the property to the Schools once the County’s new public safety center was constructed. He added that this transfer has been completed. Mr. Obenshain reported that the Roanoke County School Board has adopted a resolution requesting the approval of the Roanoke County Board of Supervisors to sell this property and to retain the proceeds of the sale. Mr. Obenshain advised that Section 22.1-129 of the State code establishes the procedure to be followed for the sale of surplus school property. He reported that if the School Board sells surplus real property, the proceeds of such sale retained by the School Board shall accrue to a capital improvement fund. He added November 11, 2008 715 that this capital improvement fund may only be used for new school construction, school renovation, and major school maintenance projects. In response to an inquiry from Supervisor Altizer, Ms. Hyatt advised that the funds appropriated for architectural and engineering work in anticipation of the School Board renovating Southview were still in a joint account established for the renovation project but could be re-appropriated at the Board’s discretion. Supervisor McNamara requested that the architectural and engineering funds appropriated for renovations at Southview be transferred back to the general fund unappropriated balance since the School Board plans to sell the building. Ms. Hyatt advised that she would bring a re-appropriation request back to the Board in December. Supervisor McNamara inquired as to the amount of the County’s appropriation. Penny Hodge, Assistant Superintendent of Finance for the Schools, advised that the County and the Schools had each appropriated $175,000. 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 111108-4 APPROVING THE SALE OF THE SOUTHVIEW SCHOOL PROPERTY BY THE ROANOKE COUNTY SCHOOL BOARD OF SUPERVISORS WHEREAS, on October 23, 2008, Roanoke County School Board adopted a resolution requesting the approval of the Roanoke County Board of Supervisors to sell the Southview school property located at 3568 Peters Creek Road (Tax Map No. 37.10- 1-21.2) pursuant to Section 22.1-129 A. of the Code of Virginia; and 716 November 11, 2008 WHEREAS, the Board of Supervisors has determined it has no further public use for this property, and that it is surplus and available for disposition by sale. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors of Roanoke County approves the sale of the Southview school property by the Roanoke County School Board after the School Board holds a public hearing on the sale of this property and the retention of the proceeds. 2. That the School Board shall establish a capital improvement fund and that the proceeds of the sale of this property retained by the School Board shall accrue to such a capital improvement fund. The capital improvement fund shall only be used for new school construction, school renovation, and major school maintenance projects. 3. That the Clerk to the Board of Supervisors shall transmit a copy of this resolution to the Chairman of the School Board. 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 1. First reading on an ordinance upon the petition of Edward Rose Properties, Inc. to rezone approximately 16.3 acres from R-2, Medium Density Residential District, to R-3C, Medium Density Multi-Family Residential District with Conditions and C-2C, General Commercial District with Conditions and to rezone approximately 11.2 acres from C-2, General Commercial District, to R-3C, Medium Density Multi-Family Residential District with Conditions, for the purpose of constructing a mixed-use development consisting of an apartment complex and commercial November 11, 2008 717 uses located at the 6200 and 6300 blocks of Cove Road and Green Ridge Road, Catawba Magisterial District Supervisor Flora moved to approve the first reading and set the second reading and public hearing for December 16, 2008. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing the vacation of a 15-foot drainage easement recorded by deed of easement, Instrument #200400160, dedicated by Charles R. Simpson, Inc. and Greystoke Partnership, now crossing lots 19, 20 and 21 of Edgefield, Section 2, Subdivision and Matthew Drive, located in the Vinton Magisterial District (Joseph Obenshain, Senior Assistant County Attorney) Mr. Obenshain advised that this vacation request was routine in nature. He reported that the petitioners are requesting that the Board vacate this drainage easement to remove the encumbrance from their properties and to allow Charles R. Simpson, Inc. to forward with the acceptance of Matthew Drive into the Virginia Department of Transportation Secondary Road System. 718 November 11, 2008 Mr. Obenshain reported that the Department of Community Development has determined that the drainage easement is no longer necessary due to the plan approval and platting of Edgefield, Section 2, and will not affect the operation and maintenance of the storm drain system associated with Edgefield, Sections 1 and 2. He added that all costs associated with the adoption of this ordinance will be the responsibility of Charles R. Simpson, Inc. There was no discussion on this item. Supervisor Altizer moved to approve the first reading and set the second reading and public hearing for December 16, 2008. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: APPOINTMENTS Chairman Flora advised that the Board would take action regarding the following appointments in December. 1. Library Board (appointed by district) 2. Roanoke County Planning Commission (appointed by district) 3. Social Services Advisory Board (appointed by district) 4. Western Virginia Regional Jail Authority November 11, 2008 719 IN RE: CONSENT AGENDA R-111108-5, R-111108-5.a 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 111108-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I—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 November 11, 2008, designated as Item I—Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 2 inclusive, as follows: 1. Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2009 2. Request from the schools to accept and appropriate a grant in the amount of $25,000 from the Jobs for Virginia Graduates Program to provide job readiness training and workplace skills training 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 RESOLUTION 111108-5.a ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2009 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 720 November 11, 2008 1. That for calendar year 2009, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 p.m. unless otherwise advertised. Tuesday, January 13, 2009 at 3 p.m. Tuesday, January 27, 2009 at 3 p.m. and 7 p.m. Tuesday, February 10, 2009 at 3 p.m. Tuesday, February 24, 2009 at 3 p.m. and 7 p.m. Tuesday, March 10, 2009 at 3 p.m. Tuesday, March 24, 2009 at 3 p.m. and 7 p.m. Tuesday, April 14, 2009 at 3 p.m. Tuesday, April 28, 2009 at 3 p.m. and 7 p.m. Tuesday, May 12, 2009 at 3 p.m. Tuesday, May 26, 2009 at 3 p.m. and 7 p.m. Tuesday, June 9, 2009 at 3 p.m. Tuesday, June 23, 2009 at 3 p.m. and 7 p.m. Tuesday, July 14, 2009 at 3 p.m. Tuesday, July 28, 2009 at 3 p.m. and 7 p.m. Tuesday, August 11, 2009 at 3 p.m. Tuesday, August 25, 2009 at 3 p.m. and 7 p.m. Tuesday, September 8, 2009 at 3 p.m. Tuesday, September 22, 2009 at 3 p.m. and 7 p.m. Tuesday, October 13, 2009 at 3 p.m. Tuesday, October 27, 2009 at 3 p.m. and 7 p.m. Tuesday, November 17, 2009 at 3 p.m. and 7 p.m. Tuesday, December 1, 2009 at 3 p.m. Tuesday, December 15, 2009 at 3 p.m. and 7 p.m. 2. That the organizational meeting for 2010 shall be held on Tuesday, January 12, 2010 at 2:00 p.m. 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: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: November 11, 2008 721 AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Accounts Paid – October 2008 5. Statement of the treasurer’s accountability per investment and portfolio policy as of October 31, 2008 6. Telecommunications Tax Comparison Report IN RE: CLOSED MEETING At 3:30 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 (3) to discuss or consider the acquisition of real property for a variety of public purposes; Section 2.2- 3711.A.1. consideration of prospective candidates for employment and the appointment of specific public officers, namely Clerk to the Board of Supervisors and County Administrator; and Section 2.2-3711.A.29 discussion of the award of a public contract involving the expenditure of public funds and discussion of the terms or scope of such contract where discussion in open session would adversely effect the bargaining position or negotiating strategy of the County, namely, an economic development performance agreement with Core-Hollins Hospitality, LLC. The motion carried by the following recorded vote: 722 November 11, 2008 AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: WORK SESSIONS 1. Five-year staffing plan for Fire and Rescue Department. (requested by Supervisor Altizer; Richard Burch, Chief of Fire and Rescue) The work session was held from 3:40 p.m. until 4:40 p.m. The following County staff was present: Chief Richard Burch, Division Chief Steve Simon. Chief Burch reviewed the Department’s service goals, five-year incident and ambulance transport trends, projected incidents for 2008, and current career staffing and coverage as of November 2008. He proposed a five-year staffing plan and provided a breakdown of staffing and coverage following the first and fifth years of the plan’s implementation. He added that although volunteers played a crucial role in the Department in the past, it is becoming increasing difficult for individuals to devote the time necessary to serve as a volunteer leading to an increased demand for career personnel. Chief Burch advised that staffing for the Read Mountain station requires immediate attention and that he is hoping to work out an arrangement with Botetourt County since 60 percent of the station’s calls are from Botetourt. There was a general discussion regarding the Department’s staffing requirements. Chief Burch concluded that he requires direction from the Board regarding the Department’s staffing proposal November 11, 2008 723 by the end of December since the new recruits will need to begin training in February to start work July 1, 2009; otherwise, it will be necessary for the Department to reduce services. 2. Changes to the Emergency Operation Plan. (Richard Burch, Chief of Fire and Rescue) The work session was held from 4:41 p.m. until 4:50 p.m. The following County staff was present: Chief Richard Burch, Division Chief Joey Stump Chief Stump reviewed the emergency operation plan’s purpose and history. He reported on the revisions to the plan which were primarily organizational in nature. He advised that a request to adopt the revised plan would be presented to the Board during the evening session and that there would be additional training for the Board members and the various departments involved. He added that once the training was complete, a tabletop drill would be scheduled. IN RE: RECESS A recess was taken from 4:50 p.m. until 5:03 p.m. IN RE: WORK SESSIONS (CONTINUED) 3. Development of the Hollins Area Community Plan. (Philip Thompson, Deputy Director of Planning; David Holladay, Planner III; and Megan Cronise, Planner II) The work session was held from 5:03 p.m. until 5:30 p.m. The following County staff was present: Philip Thompson, Deputy Director of Planning; David 724 November 11, 2008 Holladay, Planner III; and Megan Cronise, Planner II. Also present was: Kerry J. Edmonds, Executive Director of Administration, Hollins University. Ms. Cronise reviewed the Hollins Area Community Plan’s purpose and its relationship to the Comprehensive Plan. She addressed the existing conditions within the plan’s area, the community’s involvement in the plan’s development, the draft goals and recommendations, and the timeline for implementing the plan’s strategies once the plan is adopted. She advised that future land use changes have been organized into four scenarios which she presented. She reported that the Planning Commission was recommending Scenario Three which includes a new land use designation “University” for the Hollins University campus. There was a general discussion of the plan and the Commercial Corridor Matching Grant Program which will undergo changes as a part of the plan’s implementation. IN RE: CLOSED MEETING The closed meeting was held from 5:40 p.m. until 6:50 p.m. IN RE: CERTIFICATION RESOLUTION R-111108-6 At 7:00 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 NAYS: None November 11, 2008 725 RESOLUTION 111108-6 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 voice vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: NEW BUSINESS 1. Request to adopt the revised Emergency Operation Plan. (Richard Burch, Chief of Fire and Rescue) A-111108-7 Division Chief Joey Stump advised that the Commonwealth of Virginia requires every locality to have and maintain an emergency operation plan and that staff is requesting that the Board adopt the emergency operation plan in its new format in order to comply with requirements set by the Department of Homeland Security. He reported that this format allows the County to better interact with state or federal 726 November 11, 2008 agencies in the event of a large scale emergency as emergency support functions are used to assign departments and agencies to accomplish tasks. Chief Stump reported that the County response to the recent Green Ridge fire was an example of the County’s emergency operation plan in action. He concluded that while no expenses are required to adopt the revised plan, some grants may be negatively impacted if the plan is not adopted. There was no discussion on this item. Supervisor Flora moved to approve the staff recommendation (adoption of the revised Emergency Operations Plan). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: PUBLIC HEARING AND APPROVAL OF RESOLUTION 1. Public hearing and adoption of resolution amending the Roanoke County Comprehensive Plan to incorporate the Hollins Area Plan. (Philip Thompson, Deputy Director of Planning) R-111108-8 Mr. Thompson advised that the Hollins Area Community Plan had been presented to the Board during a work session earlier in the afternoon. He reviewed the process in which the plan was developed which included participation by Hollins University, the business community, and many of the citizens who live in the area. He November 11, 2008 727 reviewed the four land use scenarios that have been developed and advised that the Planning Commission was recommending Scenario 3. He also reviewed the implementation strategies recommended in the plan. Kerry Edmonds, Executive Director of Administration for Hollins University, spoke on behalf of Nancy Gray, President of Hollins University. She thanked the Board and staff adding that the University appreciated being given the opportunity to participate in the plan’s development. Supervisor Flora thanked the planning staff for their work on the plan. He stated that Hollins University is a major asset to the area and that the County and the University share a common vision for the Hollins area. 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 111108-8 APPROVING AND ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FOR ROANOKE COUNTY, VIRGINIA, INCORPORATING THE HOLLINS AREA COMMUNITY PLAN WHEREAS, on October 7, 2008, the Planning Commission held a public hearing on an amendment to the Comprehensive Plan incorporating the Hollins Area Community Plan, after advertisement and notice as required by Section 15.2-2204 of the Code of Virginia, and on October 7, 2008, adopted a resolution recommending that the Board of Supervisors review and adopt a revised Comprehensive Plan for Roanoke County; and WHEREAS, on November 11, 2008, the Board of Supervisors held a public hearing on an amendment to the Comprehensive Plan incorporating the Hollins Area 728 November 11, 2008 Community Plan, after advertisement and notice as required by Section 15.2-2204 of the Code of Virginia; and WHEREAS, Roanoke County, Virginia, has a long and successful history of community planning that has emphasized citizen involvement and participation; and WHEREAS, Section 15.2-2223 of the Code of Virginia requires that the Planning Commission of every jurisdiction shall prepare and recommend a comprehensive plan for the physical development of their jurisdiction; and WHEREAS, Section 15.2-2229 of the Code of Virginia provides for amendments to the comprehensive plan by the Planning Commission if so directed by the Board of Supervisors; and WHEREAS, the Planning Commission has reviewed and recommended an amendment to the Comprehensive Plan for Roanoke County entitled “Hollins Area Plan,” and said plan has been prepared in accordance with Sections 15.2-2223, 2224, and 2229 of the Code of Virginia; and NOW, THEREFORE, BE IT RESOVLED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Comprehensive Plan is hereby amended by the adoption of the Hollins Area Plan, including a modified future land use scenario #3 as recommended by the Planning Commission, and incorporating this study into the Plan. 2. That this Resolution is effective from and after November 11, 2008. 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: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. (Withdrawn at the request of the petitioner.) Second reading of an ordinance upon the petition of Theodore J. Foster to obtain a Special Use Permit in an R-1, Low Density Residential District, for the purpose of constructing a private stable on 5.801 acres located at 4535 Red Barn Lane, Vinton Magisterial District. Chairman Flora advised that Mr. Foster has withdrawn his petition. November 11, 2008 729 2. Second reading of an ordinance upon the petition of American Electric Power (AEP) to rezone 13.103 acres from C-1C, Office District with Conditions, to I-2C, High Intensity Industrial District with Conditions, for the purpose of constructing a construction yard located at the 1800 block of Loch Haven Drive, Catawba Magisterial District. (Philip Thompson, Deputy Director of Planning) O-111108-9 Mr. Thompson advised that this is a request by AEP to rezone 13.103 acres to allow for an expansion of the company’s construction yard. He advised that the site will have security fencing and exterior lighting to match the existing lighting. He reviewed the zoning for the surrounding properties and the future land use designation for the site. Mr. Thompson reported that the Planning Commission held a public hearing on November 3, 2008, and that one citizen spoke concerning Louise Wells Drive, buffering along property line, and property values. He reported that although the Planning Commission had concerns about existing conditions, it recommended approval with two proffered conditions. Mr. Thompson indicated that the petitioner was present to answer questions. 730 November 11, 2008 Mike Rakes from Spectrum Design, the project’s designer, reviewed the project’s lighting and noted that timers would be installed on some fixtures and that directional and shielded fixtures would also be used to control the lighting primarily along the perimeter of the property. He added that the County has an ordinance that regulates lighting and that the site will be inspected for compliance. Supervisor Church commended AEP and stated that the company is a good neighbor. He added that he was pleased that the project would have limited residential impact and is only using 13 acres of the 46-acre tract. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 111108-9 REZONING 13.103 ACRES FROM C-1C, OFFICE DISTRICT WITH CONDITIONS, TO I-2C, HIGH INTENSITY INDUSTRIAL DISTRICT WITH CONDITIONS, FOR THE PUROSE OF CONSTRUCTING A CONSTRUCTION YARD LOCATED AT THE 1800 BLOCK OF LOCH HAVEN DRIVE, CATAWBA MAGISTERIAL DISTRICT (PART OF TAX MAP NO. 36.10-1-14.3), UPON THE APPLICATION OF AMERICAN ELECTRIC POWER WHEREAS, the first reading of this ordinance was held on October 28, 2008, and the second reading and public hearing were held November 11, 2008; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 3, 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: November 11, 2008 731 1. That the zoning classification of a certain tract of real estate containing approximately 13.103 acres, as described herein, and located in the 1800 block of Loch Haven Drive (Part of Tax Map Number 36.10-1-14.3) in the Catawba Magisterial District, is hereby changed from the zoning classification of C-1C, Office District with conditions, to the zoning classification of I-2C, High Intensity Industrial District. 2. That this action is taken upon the application of American Electrical Power. 3. That the owner of the property has voluntarily proffered in writing the following amended conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) In connection with its development of the subject property, Appalachian Power Company will landscape the property substantially in accordance with the Conceptual Planting Plan attached hereto, identified by drawing number SKA- 4002 PL, dated March 3, 1987. Those areas labeled “proposed planting” on the Planting Plan will be landscaped at the time of initial site grading so as to comply with “Type E” requirements of the Roanoke County Screening and Buffering Ordinance. (2) The subject area shall only be used for construction yard purposes substantially in accordance with the concept plan prepared by Spectrum Design, dated August 14, 2008. 4. That said real estate is more fully described as follows: Beginning at an iron rod at the southeast corner of said property adjoining the property currently owned by Rigoberto Arellano and being on the northerly line of Loch Haven Road; thence with said road right of way S 57° 55’ 32” W 89.97 feet; thence S 38° 58’ 32” W 360.69 feet; thence S 48° 40’ 50” W 156.52 feet; thence S 63° 55’ 18” W 223.70 feet; thence S 13° 01’ 24” E 20.60 feet; thence S 76° 03’ 00” W 176.53 feet; thence S 76° 37’ 48” W 244.38 feet; thence along a curve to the right with a length of 45.08 feet, a chord bearing of S 78° 25’ 33” W, a chord distance of 45.07 feet, and a radius of 718.87 feet; thence leaving Loch Haven Road, N 07° 55’ 00” E 245.31 feet; thence N 52° 05’ 00” W 172.00 feet; thence N 18° 45’ 00” W 145.00 feet; thence N. 71° 15’ 00” E 753.00 feet; thence N. 44° 32’ 23” E 207.89 feet; thence N. 79° 13’ 04” E 335.00 feet; thence S 06° 15’ 00” E 282.50 feet to the Point of Beginning and containing 13.103 acres, being part of Tax Map No. 36.10-1-14.3 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 732 November 11, 2008 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 3. Second reading of an ordinance upon the petition of Faith Fellowship Church to obtain a Special Use Permit in a C-2, General Commercial District, for the purpose of Religious Assembly on 1.0 acre located at 4108 Electric Road, Cave Spring Magisterial District. (Philip Thompson, Deputy Director of Planning) O-111108-10 Mr. Thompson advised that the petitioner plans to use the existing building for religious assembly and is proposing interior renovations only. He advised that the building will be used on Sundays and Wednesdays and that site access remains same. He reviewed the zoning for the surrounding properties and the future land use designation for the site. Mr. Thompson advised that the Planning Commission held a public hearing on November 3, 2008, and that no citizens spoke. He reported that although the Planning Commission had concerns about the proposed tax exempt status, it recommended approval with two conditions. Supervisor Moore, citing safety concerns regarding site access, inquired how long the turn lane was for those leaving the property and turning south. November 11, 2008 733 Mr. Thompson advised that he did not know; however, he added that the traffic pattern on Sunday is different than during the week. He reported that there were additional options available to drivers exiting the site including a cross-over easement and an adjacent traffic signal. Ray Craighead from Craighead Associates, the project’s designer, advised that the left turn lane is approximately six car lengths long. He added that there were other options for drivers wishing to proceed south from the site. Supervisor Church noted that during his time on the Board, he did not believe that the Board has ever denied a special use permit to a place of worship unless there were extenuating circumstances. Ben Helmandollar, 4852 Poor Mountain Road, spoke in favor of the petition. Supervisor Moore moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 111108-10 GRANTING A SPECIAL USE PERMIT FOR THE PURPOSE OF RELIGIOUS ASSEMBLY ON 1.0 ACRES LOCATED AT 4108 ELECTRIC ROAD (TAX MAP NO. 77.19-1-14) CAVE SPRING MAGISTERIAL DISTRICT, UPON THE PETITION OF FAITH FELLOWSHIP CHURCH WHEREAS, Faith Fellowship Church has filed a petition for a special use permit for the purpose of religious assembly to be located at 4108 Electric Road (Tax Map No. 77.19-1-14) in the Cave Spring Magisterial District; and 734 November 11, 2008 WHEREAS, the Planning Commission held a public hearing on this matter on November 3, 2008; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 28, 2008; the second reading and public hearing on this matter was held on November 11, 2008. NOW, THEREFORE, BE IT ORDAINED 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 Faith Fellowship Church for the purpose of religious assembly located at 4108 Electric Road in the Cave Spring 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 maximum seating in the principal place of worship shall not exceed accommodations for 230 people. (2) The access drive shall not be utilized for parking and shall remain unobstructed for fire and rescue apparatus. 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 Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 4. Second reading of an ordinance upon the petition of James R. Cherney to rezone approximately 4.75 acres from R-3C, Medium Density Multi-Family Residential District with Conditions, to C-1C, Office District with Conditions, for the purpose of constructing an office building located between the 2300 block and 2400 block of Electric Road and 2315 Bridle Lane, Windsor Hills Magisterial District. (Philip Thompson, Deputy Director of Planning) November 11, 2008 735 O-111108-11 Mr. Thompson advised that the petitioner is requesting that approximately 4.75 acres be rezoned in order to construct an office building. He reported that the proposed building would be located generally in the center of the property, with a single entrance from Electric Road serving a network of parking around the building. He stated that the proposed 70,617 square foot office building would be approximately 75 feet in height and that the five-story building would contain 17,217 square feet per floor on the first three floors, with 9,483 square feet per floor on the fourth and fifth floors. Mr. Thompson reported that in 2006, the petitioner applied to amend the existing conditions on the property in order to construct a mix of townhouses and condominiums with access from Electric Road and Bridle Lane. He reported that this petition met with opposition from the neighborhood and was withdrawn from consideration. He stated that Mr. Cherney revised his development proposal and held a community meeting with the neighborhood prior to submitting the current rezoning petition. He added that at the community meeting held August 21, 2008, the citizens expressed appreciation for project’s single proposed entrance from Electric Road and the elimination of access from Bridle Lane. He stated that the citizens also expressed appreciation for the proposed office. Mr. Thompson reported that the petitioner is proposing several “green building” concepts in hopes of having the building certified by the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. He advised that the 736 November 11, 2008 third-floor roof is proposed as a green roof, with grass and shrubs covering the roof and forming a courtyard next to the fourth floor section of the building. He stated that storm water detention is contained in underground cisterns and that water from these cisterns will be used for landscape irrigation and possibly for wastewater (toilets). Mr. Thompson reported that the proposed development conforms with the Roanoke County Comprehensive Plan and the 419 Frontage Development Plan. He advised that in the Roanoke County Comprehensive Plan, the majority of the site is designated transition. Mr. Thompson reported that the proffered site and building plans, as well as the green building concepts, conform with the policies and guidelines of the transition future land use designation. Mr. Thompson noted that the portion of the site that contains the single family dwelling is designated neighborhood conservation; however, considering that the access to the home is through an unimproved section of Bridle Lane, the dwelling is physically separated from the remainder of the surrounding neighborhood. He added that since the access from Bridle Lane would cease per the proffered development plan, the best use for the home site is arguably as part of the proposed development, rather than as a single family dwelling. Mr. Thompson advised that the 419 Frontage Development Plan, dated February 1987, is adopted by reference into the Comprehensive Plan and that this site is designated transition in the 419 Plan. He stated that the 419 Plan has goals, design guidelines, and implementation strategies to encourage quality economic development November 11, 2008 737 along Electric Road and avoid haphazard strip development of the corridor. He added that the proffer statement and proffered site plans incorporate many of these design concepts. Mr. Thompson advised that the proposed rezoning is the result of months of plan revisions and interaction with County staff and the citizens in the neighborhood. He reported that the proposed development plan and statement of proffers are sensitive to the surrounding commercial and residential land uses as well as environmental conditions. He further advised that the petitioner has provided perspective drawings to show how the building fits on the site and relates to its surroundings. He noted that the LEED certification that the petitioner is seeking is strongly encouraged and should be integral to future Roanoke County comprehensive planning. Mr. Thompson advised that the Planning Commission held a public hearing on November 3, 2008, and that two citizens spoke in favor of the petition, although one requested fencing. He reported that the petitioner has added fencing as a proffered condition. He reported that the Planning Commission recommended approval of the petition with the nine proffered conditions. Supervisor McNamara stated that Mr. Thompson had advised that the height of the building was 75 feet; however, the drawings show a height of 70 feet. Mr. Thompson reported that the 75 foot figure is correct. He added that the petitioner has provided profiles to show the relative height of other similar buildings along Electric 738 November 11, 2008 Road. He noted that the building will sit below the grade of the road so that only the upper portion of the building will be seen from the road. Mary Ellen Goodlatte, attorney for the petitioner, reviewed the project’s parameters in comparison to surrounding properties and the history of petitioner’s plan to develop the site in a manner that would satisfy the project’s neighbors. Ms. Goodlatte reviewed the plans for building. She reported that in order to make the project feasible, the building needs to be five stories tall. She reviewed the viewscape along Route 419 noting that the petitioner’s building will be 57 feet above grade when viewed from the road, and she advised that the other similar buildings in the area are between 50 and 60 feet above grade. Ms. Goodlatte advised that when Mr. Cherney met with neighbors to seek their approval for project, he made sure that the height of the building was reviewed. She reported that the neighbors approved of the project and encouraged Mr. Cherney to go forward. She advised that representatives of the design firm for the project were present to answer questions. Mr. Cherney thanked the Board for the opportunity to discuss the project’s concept. He advised that for project to be economically viable, it needs to be 70,000 square feet. He added that the floors were designed to be single use floors and that only three storey’s will be visible from Route 419. Supervisor McNamara inquired about access from Bridle Lane to the property. Mr. Thompson advised that Bridle Lane was a platted subdivision street. November 11, 2008 739 Ms. Goodlatte added that conditions imposed in 1982 specified that an entrance would be required from Route 419 but did not eliminate access from Bridle Lane. The following citizens spoke in favor of the petition: (1) Debra Landgraf, 2129 Bridle Lane SW; (2) Joy Taylor, 5206 Stoneybrook Drive; (3) Audra Whitlow, 5116 Stoneybrook Drive; and (4) Harriet Snead, 2224 Brookfield Drive. Ms. Whitlow inquired how the project would be monitored to ensure that the proffered conditions would be adhered to. Ms. Goodlatte advised that Ms. Whitlow’s concerns would be addressed through the project’s proffers from which there can be no substantial deviation. She reported that the County will follow the project to make sure the developer adheres to his plan. She noted that there was a case in Vinton recently that required the County to take action to ensure that the developer complied with the proffered conditions. Supervisor McNamara inquired if the difference in elevations on View 2 was due to the height of the mechanicals. Mr. Cherney responded that this was correct and that screening for the mechanicals is shown on the concept plan and is also a part of the proffered conditions. Supervisor McNamara advised that the petitioner did an excellent job working with the citizens and the County in developing the project. Supervisor Church thanked the petitioner for the manner in which he handled the project adding that this is exactly the way a development should be put 740 November 11, 2008 together. He added that he appreciated that the petitioner had worked with the citizens who lived adjacent to the property. Supervisor Flora stated that it speaks well of the developer that the citizens came to speak on behalf of the project. Supervisor Altizer stated that he is beginning to see a trend of developers involving the neighboring community in the development process and that this leads to better projects. He thanked the petitioner for following this process. He added that this Board does enforce proffered conditions. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 111108-11 REZONING 4.75 ACRES FROM R-3C, MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT WITH CONDITIONS, TO C-1C, OFFICE DISTRICT WITH CONDITIONS, FOR THE PUROSE OF CONSTRUCTING AN OFFICE BUILDING LOCATED BETWEEN THE 2300 BLOCK AND THE 2400 BLOCK OF ELECTRIC ROAD AND 2315 BRIDLE LANE, WINDSOR HILLS MAGISTERIAL DISTRICT (TAX MAP NOS. 76.11-3- 75 AND 76), UPON THE APPLICATION OF CHERNEY DEVELOPMENT WHEREAS, the first reading of this ordinance was held on October 28, 2008, and the second reading and public hearing were held November 11, 2008; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 3, 2008; and WHEREAS, legal notice and advertisement has been provided as required by law. November 11, 2008 741 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 4.75 acres, as described herein, and located between the 2300 block and 2400 block of Electric Road and 2315 Bridle Lane (Tax Map Numbers 76.11-3-75 and 76) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of R-3C, Medium Density Multi-Family Residential District with conditions, to the zoning classification of C-1C, Office District with Conditions. 2. That this action is taken upon the application of Cherney Development. 3. That the owner of the property has voluntarily proffered in writing the following amended conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The properties will be developed in substantial conformity with the site plan dated September 4, 2008, titled “Route 419 Office Complex Prepared for Cherney Development”, prepared by Parker Design Group, subject to those changes which may be required by Roanoke County during comprehensive site plan review. (2) The office building will be developed in substantial conformity with the Building Elevation Concepts dated August 21, 2008, titled “New Facility for Cherney Development”, prepared by Interactive Design Group. (3) The subject properties shall be used only for those office uses permitted in the C-1 zoning district. (4) Access to the office building shall be only from Electric Road. Neither Stoneybrook Drive nor Bridle Lane shall be used to provide access to the office building. (5) All parking lot lighting shall be post-top fixtures no more than twelve (12) feet high with fully concealed fixtures and arranged so glare is not cast onto the adjoining properties. (6) All utilities serving the office building shall be underground. (7) The dumpster shall be serviced between 7:00 a.m. and 10:00 p.m. (8) The proposed freestanding sign shall be a monument style sign and shall be designed to generally match the architecture and material of the office building. (9) A six (6) foot high fence shall be erected with the NW buffer yard adjoining the rear yards of the residential properties fronting on Stoneybrook Drive. 4. That said real estate is more fully described as follows: Being 4.75 acres of real estate located at between the 2300 block and 2400 block of Electric Road and 2315 Bridle Lane and further described as Tax Map Nos. 76.11-3-75 and 76. 742 November 11, 2008 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 5. Second reading of an ordinance upon the petition of JJDR Company, LLC to rezone 1.13 acres from a C-1C, Office District with Conditions, to a C-2, General Commercial District for the purpose of conducting personal improvement services located at 1919 Electric Road, Windsor Hills Magisterial District. (Philip Thompson, Deputy Director of Planning) O-111108-12 Mr. Thompson advised that the petitioner was requesting the rezoning of 1.13 acres. He reported that the petitioner currently operates a physical therapy office at this location; however, the petitioner is proposing a golf simulator business independent from the medical office use. He reported that the proposed use is classified as personal improvement services, a non-permitted use in the C-1, Office District, but that personal improvement services are a permitted use in C-2, General Commercial District. He reported that a rezoning is required at this location in order to begin operations for the golf simulator business. November 11, 2008 743 Mr. Thompson reviewed the zoning of the surrounding parcels and advised that the site is designated as transition. He reported that the Planning Commission held a public hearing on November 3, 2008, and that the Planning Commission had questions concerning signage and proffers. He concluded that the Planning Commission recommended approval with one proffered condition. There were no citizens to speak, and there was no discussion. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 111108-12 REZONING 1.13 ACRES FROM C-1C, OFFICE DISTRICT WITH CONDITIONS, TO C-2, GENERAL COMMERCIAL DISTRICT, FOR THE PUROSE OF CONDUCTING A PERSONAL IMPROVEMENT SERVICES LOCATED AT 1919 ELECTRIC ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT (TAX MAP NO. 67.18-1-1), UPON THE APPLICATION OF JJDR COMPANY, LLC WHEREAS, the first reading of this ordinance was held on October 28, 2008, and the second reading and public hearing were held November 11, 2008; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 3, 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: 1. That the zoning classification of a certain tract of real estate containing approximately 1.13 acres, as described herein, and located at 1919 Electric Road (Tax Map Number 67.18-1-1) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of C-1C, Office District with conditions, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of JJDR Company, LLC. 744 November 11, 2008 3. That the owner of the property has voluntarily proffered in writing the following amended conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The C-2, General Commercial District uses for the site are limited to Personal Improvement Services. All C-1, Office District uses are allowed as permitted in the Roanoke County zoning ordinance. 4. That said real estate is more fully described as follows: Being 1.13 acres of real estate located at 1919 Electric Road and further described as Tax Map No. 67.18-1-1. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 6. Second reading of an ordinance amending Section 30-22-1, Civil Penalties, and Section 30-91-2, General Regulations for Parking, of the Roanoke County Zoning Ordinance. (Philip Thompson, Deputy Director of Planning; Joseph Obenshain, Senior Assistant County Attorney) O-111108-13 Mr. Thompson reviewed the current zoning ordinance for recreational vehicle parking on corner lots. He reported that the proposed change would provide that one frontage would be considered the front yard and the other frontage would be considered a side yard. He added that the ordinance would also be amended to add a November 11, 2008 745 civil penalty for infractions to allow better enforcement of the ordinance. He reviewed the process that had been undertaken to date and advised that the Planning Commission held a public hearing on November 3, 2008, at which it approved the inclusion of civil penalties but made no change the definition of corner lots. Supervisor McNamara advised that he did not approve of corner lots being treated differently with regard to parking. He reported that he understood that staff does not favor this change and that he appreciated the Board for revisiting the issue. He added that he did not agree with the inclusion of the civil penalties which in his view represent more government. Mr. Thompson reported that the civil penalties will provide staff with an additional enforcement tool but that other methods would be used prior to the use of civil penalties. He added that there are occasional repeat offenders who require stronger measures. He added that if the ordinance is amended, it will give citizens additional places to park their vehicles which will make enforcement even more difficult. Supervisor McNamara stated that it was not his intention to impose civil penalties. He noted that the only section in the zoning ordinance that currently imposes penalties is the section pertaining to signs. He reported that the amendments were a good compromise so he would move approval of both changes. Supervisor Altizer advised that he did not believe this was a big issue. He added that he has not heard from his constituents for or against this amendment. He 746 November 11, 2008 added that he hoped the Board was not setting a precedent for changing the zoning ordinance arbitrarily. In response to Supervisor Church’s request, Mr. Thompson reviewed the two options before the Board for the benefit of the citizens watching at home. Supervisor Moore stated that it is not fair that corner lots are treated differently. Supervisor Flora inquired about obstruction of sight lines as a result of these amendments. Mr. Thompson noted that the ordinance already contains a section which deals with the sight triangle, and he reviewed the method used to calculate it. Supervisor Church advised that he was not pleased with the inclusion of the civil penalties and that he felt that the penalties would lead to increased scrutiny. Mr. Thompson responded that the civil penalties would be used as a last resort after previous enforcement methods have failed. He added that there were only 25 violations in past two years. Mr. Thompson advised that he would prefer that the zoning ordinance contain civil penalties throughout and that he would be glad to incorporate further civil penalties if that was the Board’s desire. Mr. Obenshain advised caution in making wholesale changes to the ordinance adding that Mr. Mahoney has discussed this issue with the Board in the past. He added that in addition to civil penalties, the criminal process is also available although it requires more than a reasonable doubt. November 11, 2008 747 Supervisor Altizer requested that Mr. Thompson explain the dotted line across the lot in the diagrams shown to the Board. Mr. Thompson advised that the dotted line represents the front building line. Supervisor Altizer inquired if this amendment will require additional staff time to determine infractions. Mr. Thompson responded that it is fairly easy for staff to ascertain if a vehicle or boat is in front of the building line and that there have only been 25 cases in the past two years. Supervisor McNamara advised that the Board should address the inclusion of civil penalties at another time and he amended his motion to adopt Section 30-91-2 as amended but to leave Section 30-22-1 as is. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Flora NAYS: Supervisor Altizer ORDINANCE 111108-13 AMENDING SECTION 30-22-1, CIVIL PENALTIES AND SECTION 30-91-2, GENERAL REGULATIONS FOR PARKING, OF THE ROANOKE COUNTY ZONING ORDINANCE WHEREAS, on September 9, 2008, the Board of Supervisors initiated an amendment to the Roanoke County Zoning Ordinance to allow the parking of boats, trailers, and recreational vehicles within the front and side yard setbacks of corner lots; and WHEREAS, the assessment of civil penalties for violations of the parking of recreational vehicles and commercial vehicles will provide greater flexibility in the enforcement of these ordinance provisions; and WHEREAS, public necessity, convenience, general welfare, and good zoning practice supports the adoption of these amendments to the Zoning Ordinance; and WHEREAS, the Planning Commission held a public hearing on this matter on November 3, 2008; and WHEREAS, the first reading of this ordinance was held on October 28, 2008, and the second reading and public hearing was held on November 11, 2008. 748 November 11, 2008 NOW, BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That the following sections of the Roanoke County Zoning Ordinance be amended to read and provide as follows: Sec. 30-22-1. Civil Penalties. (A) Violation of the following scheduled provisions of this ordinance shall be deemed an infraction and shall be punishable by a civil penalty of two hundred dollars ($200.00) for the initial summons and five hundred dollars ($500.00) for each additional summons. 1. Section 30-93, signs; except for provisions relating to the posting of signs on public property, or public rights-of-way. 2. (RESERVED). Sections 30-91-2(A)1, Parking of recreational vehicles; 30-91- 2(A)2, Parking of commercial vehicles; and 30-91-2(B), Recreational vehicles not allowed for living or business purposes. 3. (RESERVED). Sec. 30-91-2. General Regulations for Parking. (A) In the AR district and in all Residential districts: 1. Except for vehicles parked within multi-family developments all recreational vehicles, boats, and utility trailers shall be parked in a side or rear yard behind the front building line, unless space is provided in a completely enclosed garage or other building. In the instance of a corner lot that fronts on two (2) streets, each yard that fronts a street shall be considered a front yard. For the purposes of this section only, a corner lot that fronts on two (2) streets shall have only one front building line in accordance with Sec. 30-100-7.In the case of a unique house configuration the Zoning Administrator shall determine the parking location for the recreational vehicle, based on having no interference on sight distance in accordance with Sec. 30-100-8. 2. That this ordinance shall be in full force and effect from and after the date of its adoption. On motion of Supervisor McNamara to adopt the amendments to Section 30-91- 2 and leave Section 30-22-1 as it exists, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Flora NAYS: Supervisor Altizer November 11, 2008 823 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Altizer: He advised that he had attended an event at the Vinton War Memorial in honor of Veteran's Day. He reported that Kroger has donated $10,000 to the construction fund for a planned monument to honor the men and women who have fallen in the service of their Country. He added that an additional $80,000 would be required for completion of the project and that construction is scheduled to be finished by Veteran's Day 2009. Supervisor Moore: She advised that today was Veteran's Day, and she wanted to thank our service men and women for their sacrifices which allow all of us to enjoy life, liberty, and the pursuit of happiness as our forefathers did before IJS. Supervisor Flora: He advised that the great, great grandson of the founder of Hollins University had been present at the meeting this evening in support of the Hollins Area Community Plan and that he wished he had introduced him. IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 8:42 p.m. Submitted by: Approved by: Mary V. Brandt, CPS Acting Deputy Clerk to the Board /~-:? ~~ D c. ~ ~_ Richard C. Flora Chairman