2/24/2004 - Regular
February 24, 2004
157
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
February 24, 2004
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of February, 2004.
IN RE: CALL TO ORDER
Chairman Flora called the meeting to order at 3:01 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman Richard C. Flora, Vice-Chairman Michael W.
Altizer, Supervisors Joseph B. “Butch” Church, Joseph
McNamara, Michael A. Wray
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; John M. Chambliss, Assistant County
Administrator; Dan O’Donnell, Assistant County
Administrator; Diane S. Childers, Clerk to the Board; Teresa
Hamilton Hall, Public Information Officer
IN RE: OPENING CEREMONIES
The invocation was given by Pastor Jonathan Runnels, Seventh Day
Adventist Church. The Pledge of Allegiance was recited by all present.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Proclamation declaring the month of February 2004 as School
Board Appreciation Month in the County of Roanoke
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Chairman Flora presented the proclamation to School Board Vice-
Chairman Drew Barrineau. Also present was School Superintendent Dr. Linda Weber.
2. Recognition of the Sheriff’s Office for receiving re-
accreditation from the American Correctional Association
(ACA)
Chairman Flora recognized Sheriff Holt; Captain Barry Tayloe, Director of
Corrections; and Lisa Parks, Professional Standards Manager.
IN RE: BRIEFINGS
1. Update on renovation of the Salem Office Supply Building. (Anne
Marie Green, Director of General Services)
Ms. Green advised that the former Salem Office Supply building, currently
referred to as the Courthouse Annex, is being renovated for office space to be used by
the Court Services Unit and the Sheriff’s Office. The Court Services Unit has outgrown
its current space at the courthouse and is seriously hampered in its operations by the
lack of room, both for people and computers. The Court Services Unit also needs to be
located close to the Juvenile and Domestic Relations District Court for operational
reasons. The Sheriff’s Office is currently located in a small building on the Courthouse
parking lot which is not handicapped accessible and has structural problems, including
a leaking roof.
Ms. Green stated that the Board and staff investigated many properties in
the Salem area and these properties were all rejected as being too small, too
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159
expensive, or inconvenient for the Juvenile and Domestic Relations Court which must
work closely with the Court Services Unit. The Courthouse Annex building will have
17,000 square feet of space, although the current project only encompasses finishing
the 12,000 square feet on the first floor. Ms. Green advised that since October, 2003,
progress has been slowed due to weather conditions and materials which had to be
ordered. To date, the following has been completed or will begin within the next two
weeks: (1) the new roof on the rear has been replaced; (2) the HVAC interior
equipment has been installed in the attic area of the front; (3) the staircase walls and
elevator shafts are in place; (4) openings in the rear of the building have been
reconfigured, including the former loading dock and garage door areas; (5) side window
openings are ready for window installation; (6) gravel for leveling of the floor is on site
and the floor will be poured once the heavy equipment is out of the front area; (7) the
new front trusses have been ordered and should be delivered within the next two
weeks; (8) work has begun to rebuild the front wall, footings will be poured during the
th
week of February 16, block should be installed beginning the week of February 23,
and the final finish for the front will be red brick; (9) rough-ins for the rear of the building
will begin shortly, and some plumbing rough in is in place in the floor of the front.
Ms. Green stated that the total amount available for the project, including
the contingency, is $1,624,781. The contingency remaining for the project is $55,665.
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In response to an inquiry from Supervisor Church, Ms. Green advised that
the footers at the front of the building are being removed because new footers must be
poured before the new front wall is constructed.
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Church moved to approve the first readings and set the second
readings and public hearings for March 23, 2004. The motion carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
1. First reading of an ordinance to rezone 1.24 acres from R1 Low
Density Residential District to I2 Industrial District in order to
operate a construction yard located at 7314 Wood Haven Road,
Catawba Magisterial District, upon the petition of Ernest E.
Sweetenberg
2. First reading of an ordinance to rezone 9.9 acres from C1 Office
District to C2 General Commercial District and 5.8 acres from R1
Low Density Residential District to C2 General Commercial
District in order to construct a general office and retail sales
facility located at Route 419 near its intersection with Keagy
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Road, Windsor Hills Magisterial District, upon the petition of Kahn
Development Company
3. First reading of an ordinance to rezone 4.92 acres from C2C
General Commercial District with Conditions to C2 General
Commercial District, 8.03 acres from C1 Office District to C2
General Commercial District, and 17.01 acres from R3 Medium
Residential District to C2 General Commercial District in order to
construct a general office and retail sales facility located at 4486
Summit Street, Cave Spring Magisterial District, upon the petition
of Slate Hill I, LLC, Slate Hill II, LLC, and Woodcliff Investments,
LLC
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Supervisor Flora advised that Item S-3 on the agenda, second reading of
an ordinance to amend the conditions of ordinance 032399-8, condition 3, to increase
the maximum light pole height from 22 feet to 33.5 feet for property located at 3270
Electric Road, Cave Spring Magisterial District, upon the petition of Balzer & Associates,
Incorporated, has been withdrawn at the request of the petitioner.
IN RE: FIRST READING OF ORDINANCES
1. First reading of an ordinance approving and authorizing
execution of Amendment No. 1 to the Roanoke Valley Regional
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Cable Television Committee Agreement among the County of
Roanoke, the City of Roanoke, and the Town of Vinton. (Joseph
B. Obenshain, Senior Assistant County Attorney)
Mr. Mahoney reported that on October 28, 2003, the Board adopted a
revised cable television franchise ordinance. As a result of that action, a series of
amendments must be adopted with respect to the existing Roanoke Valley regional
cable television (CATV) agreement. The amendments bring the existing agreement into
compliance with the references in the newly adopted cable television franchise
ordinances and cable television franchise agreements. Mr. Mahoney recommended
that the Board adopt the proposed ordinance at the first reading.
Supervisor Altizer stated that these amendments deal with changes to the
language in the agreement, and he moved to approve staff recommendation, adoption
of the proposed ordinance.
Mr. Hodge advised that the ordinance indicates that a second reading for
this matter is scheduled for March 9, 2004 and adoption of the ordinance should take
place at that time.
Supervisor Altizer’s motion to approve staff recommendation carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
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IN RE: SECOND READING OF ORDINANCES
1. Second reading of an ordinance authorizing the conveyance of an
easement across County owned property to American Electric
Power, Inc. (AEP) for support of the Driver Training Center at
Dixie Caverns, Catawba Magisterial District. (Ray Lavinder, Chief
of Police)
O-022404-1
Chief Lavinder reported that there have been no changes in this matter
since the first reading. There was no discussion on this item.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
ORDINANCE 022404-1 AUTHORIZING CONVEYANCE OF AN
EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC
SERVICE FROM AN EXISTING POWER POLE TO THE NEW DRIVER
TRAINING FACILITY AT THE COUNTY’S DIXIE CAVERNS PROPERTY
(TAX MAP #63.00-01-14) IN THE CATAWBA MAGISTERIAL DISTRICT
WHEREAS, the Roanoke County Police Department, in conjunction with the
Roanoke City Police Department, is constructing a driver training facility at the County-
owned Dixie Caverns property (Tax Map #63.00-01-14) off Twine Hollow Road in the
Catawba Magisterial District; and,
WHEREAS, Appalachian Power Company (APCO) requires a right of way and
easement for underground and overhead transmission lines on the Countys property
=
to extend service to the building at the Driving Center as shown on APCO Drawing No.
V-1425, dated January 16, 2004; and,
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WHEREAS, the proposed right of way will serve the interests of the public and is
necessary for the public health, safety, and welfare of citizens of the County of
Roanoke.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on February 10, 2004, and a
second reading was held on February 24, 2004.
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the interests in real estate to be conveyed are hereby declared to be
surplus, and are hereby made available for other public uses by conveyance to
Appalachian Power Company for the provision of electrical service in connection with
Roanoke County's construction of a driver training facility.
3. That donation to Appalachian Power Company of an easement and right-
of-way for underground (15’) and overhead (40’) transmission lines and related
improvements over and across the County’s Dixie Caverns property (Tax Map #63.00-
01-14) off Twine Hollow Road, to extend service to the building at the new Driving
Center as shown on APCO Drawing No. V-1425, dated January 16, 2004, a copy of
which is attached hereto as Exhibit A, is hereby authorized and approved.
4. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
5. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
2. Second reading of an ordinance authorizing the quitclaim and
release of a portion of a 30 ft. water and sewer line easement lying
within the boundaries of Montague Way, created by subdivision
plat of Wexford, Phase III, in Plat Book 18, Page 125, Windsor Hills
Magisterial District. (Arnold Covey, Director of Community
Development)
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O-022404-2
Mr. Covey advised that this action will allow the developer to meet his
obligations to the County and move forward with having Montague Way accepted into
the state secondary road system. There was no discussion on this item.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
ORDINANCE 022404-2 AUTHORIZING QUIT-CLAIM AND RELEASE
OF A PORTION OF A 30’ WATER & SEWER EASEMENT CONVEYED
TO THE COUNTY IN DEED BOOK 1411, PAGE 17, AND SHOWN IN
PLAT BOOK 15, PAGE 143, AND NOW LYING WITHIN THE
BOUNDARIES OF MONTAGUE WAY, CREATED BY SUBDIVISION
PLAT OF WEXFORD, PHASE III, IN PLAT BOOK 18, PAGE 125, IN
THE WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, in order for Montague Way to be accepted into the state secondary
road system, the Virginia Department of Transportation (VDOT) requires that the right-
of-way be free and clear of any third party rights or encumbrances; and,
WHEREAS, VDOT requires quit-claim and release to the Commonwealth of
30'
Virginia of all existing easements within the boundaries of Montague Way, namely a
water & sewer easement
, conveyed to the Board of Supervisors of Roanoke County,
Virginia, from Robert Lawrence Ridgway, et als, by deed of easement dated April 14,
1993, and recorded in the Clerk’s Office of the Circuit Court of Roanoke County in Deed
Book 1411, page 17, and shown on the referenced plat recorded in Plat Book 15, page
143; and,
WHEREAS, Montague Way was created by subdivision plat for Wexford, Phase
III, recorded in Plat Book 18, page 125, and the subject water and sewer easement now
lies within the boundaries of Montague Way; and,
WHEREAS, it will serve the interests of the public to have Montague Way
accepted into the state secondary road system and this release, subject to the issuance
of a permit and other conditions, will not interfere with other public services and is
acceptable to the affected Roanoke County departments.
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THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on February 10, 2004, and the
second reading was held on February 24, 2004.
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the interests in real estate to be released are hereby made available
for other public uses by conveyance to the Commonwealth of Virginia for acceptance of
Montague Way into the state secondary road system by the Virginia Department of
Transportation (VDOT).
3. That quit-claim and release to the Commonwealth of Virginia of that
30' water & sewer easement
portion of a , conveyed to the Board of Supervisors of
Roanoke County, Virginia, from Robert Lawrence Ridgway, et als, by deed of easement
dated April 14, 1993, and recorded in the Clerk’s Office of the Circuit Court of Roanoke
County in Deed Book 1411, page 17, shown on the referenced plat recorded in Plat
Book 15, page 143, now lying within the boundaries of Montague Way as created by
subdivision plat for Wexford, Phase III, recorded in Plat Book 18, page 125, and being
further shown on Exhibit A attached hereto, is hereby authorized subject to the following
conditions:
a. VDOT issuance of a permit for the water and/or sewer lines or pipes, and
any related appurtenances or facilities.
b. The facilities located within the 40-foot right-of-way for Montague Way, as
shown on the above-referenced plats, may continue to occupy the street
or highway in the existing condition and location.
c. This release is for so long as the subject section of Montague Way is used
as part of the public street or highway system.
4. That the subject portion of easement is not vacated hereby and shall
revert to the County in the event of abandonment of the street or highway.
5. That the County Administrator, or an Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
6. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
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167
IN RE: CONSENT AGENDA
R-022404-3; R-022404-3.d
Supervisor Flora moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION 022404-3 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:
1. That the certain section of the agenda of the Board of Supervisors for
February 24, 2004, 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 10, inclusive, as follows:
1. Approval of minutes – February 10, 2004 (Joint Meeting) and February 10,
2004 (Board Meeting)
2. Confirmation of committee appointments to the Building Code Board of
Adjustments & Appeals (Fire Code Board of Appeals) and Grievance Panel
3. Request from Police Department to accept and appropriate two Department
of Motor Vehicle grants in the amount of $1,500 and $750 to be used to
purchase non-flammable roadway flares for use during DUI checkpoints
4. Request from schools to accept and appropriate estimated Medicaid
revenues of $40,000
5. Resolution of appreciation upon the retirement of Phyllis W. James, Social
Services Department, after thirty-one years of service
6. Request to accept donation of drainage easements along Chukar Drive and
Crossbow Circle in connection with residential construction on Lot 1, Block 3,
Section 4, Hunting Hills, Cave Spring Magisterial District
7. Request to accept the donation of certain real estate for entrance
improvements to the Vinton Business Center from the Church of Jesus Christ
of Latter-Day Saints, Vinton Magisterial District
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8. Request from the Fire and Rescue Department to accept and appropriate
grant funds in the amount of $34,639.50 from the Virginia Department of
Health for the purchase of an ambulance
9. Request from the Fire and Rescue Department to accept and appropriate
grant funds in the amount of $34,500.00 from the Virginia Department of
Emergency Management for the continuation of Community Emergency
Response Team (CERT) training
10. Request to approve donation of Fire and Rescue vehicle to the Troutville
Volunteer Fire Department
That the Clerk to the Board is hereby authorized and directed where required by
law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION 022404-3.d EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF PHYLLIS W. JAMES, SOCIAL SERVICES
DEPARTMENT, AFTER THIRTY-ONE YEARS OF SERVICE
WHEREAS, Phyllis W. James was first employed by Roanoke County on
October 1, 1971, as a social worker by the Social Services Department, and also
worked as Senior Social Worker, Eligibility Worker, Senior Employment Services
Worker and A.S.K. Instructor for the Parks, Recreation & Tourism Department; and
WHEREAS, Ms. James retired from Roanoke County on February 1, 2004, after
thirty-one years of full-time and part-time employment; and
WHEREAS, Ms. James consistently prepared her clients for self-sufficiency by
seeking financial, mental health, and employment resources to assist them with self-
exploration, work skills development, and employment training; and
WHEREAS, Ms. James positively influenced the lives of her adult clients and the
foster care children she worked with throughout the years, many of whom still contact
her for advice or just to keep in touch; and
WHEREAS, Ms. James, through her employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
PHYLLIS W. JAMES
of Roanoke County to for thirty-one years of capable, loyal and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
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On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS
1. Request to hold the following public hearings on March 9,
2004 at 7:00 p.m.:
(a) Public hearing to elicit citizen comment for items to be
included in the budget for the 2004-2005 fiscal year.
(b) Public hearing on the “effective tax rate increase” as a
result of increased assessed value of real estate.
(c) Public hearing to elicit citizen comment to set the real
estate, personal property and machinery and tools tax rates in
Roanoke County.
It was the consensus of the Board to set the public hearings for March 9,
2004, at 7:00 p.m.
IN RE: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
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3. Board Contingency Fund
4. Future Capital Projects
5. Accounts Paid – January 2003
6. Statement of expenditures and estimated and actual revenues
for the month ended January 31, 2004
7. Report from VDOT of changes to the secondary road system in
January 2004
8. Statement of Treasurer’s accountability per investment and
portfolio policy as of January 31, 2003
IN RE: WORK SESSIONS
1. Work session to preview the new Roanoke County website.
(Elaine Carver, Director of Information Technology)
The work session was held from 3:45 p.m. until 3:52 p.m. Information
Technology staff present included Ms. Carver and Nicole Bird, Website Developer.
Ms. Carver advised that an internal focus group was established to
redesign the County’s website. Members of the focus group included: Anne Marie
Green, Dan O’Donnell, Diana Rosapepe, Teresa Hamilton Hall, and Jill Loope. Ms.
Carver stated that the goals of the redesign were as follows: (1) establish consistent
navigation and design; (2) reduce the number of staff hours necessary to maintain
websites; (3) establish a search engine on the website; (4) create a foundation for future
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web transactions; (5) create a new website address which is:
www.RoanokeCountyVA.gov.
Ms. Carver demonstrated the new website and advised that it will be
launched on March 1, 2004.
2. Work session on fiscal year 2004-2005 budget development.
(Brent Roberson, Budget Director)
(a) Year-to-date revenue update
(b) Preliminary fiscal year 2004-2005 revenue projections
(c) Review of capital projects
1. Public safety building
2. Jail expansion
3. Other capital projects
The work session was held from 3:53 p.m. until 4:35 p.m.
Mr. Hodge advised that staff is currently conducting budget reviews with
departments. Staff briefed the Board on the following budget-related matters:
Public Safety Building: Mr. O’Donnell advised that fees have been
received from both competing firms and the Phase II proposal development is under
way. The scope of services has been scaled back to one site (Cove Road) so that both
firms are working with the same site. The proposal deadline was originally mid-April
and is now set for mid-May due to the need to amend the scope of services. By the end
of summer 2004, a comprehensive project agreement should be in place. At present, a
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request for proposals (RFP) has been issued seeking technical assistance to help
County staff select the best proposal. In addition, a Phase II environmental study on the
Cove Road site is being conducted as a safety precaution.
Jail Expansion: Mr. Hodge stated that while attending VML/VACo
Legislative Day in Richmond, staff visited the Department of Corrections (DOC). He
advised that there is currently a moratorium on jail expansions and in order to obtain a
waiver, a feasibility study must be conducted. If the waiver is approved by the DOC, the
request is sent to the state for future funding. Local jails are reimbursed at a 25% rate;
regional jails receive 50% reimbursement. By virtue of the City of Salem’s involvement,
Roanoke County’s jail is classified as a regional jail. Staff is currently contacting other
area localities to determine if they are interested in participating in the jail expansion.
Mr. Hodge advised that a new site for the jail will need to be determined, and it will be
approximately three years before construction can begin.
Vinton Fire & Rescue Station: Mr. Hodge advised that the Town of Vinton
has been working on plans to upgrade their building for approximately five years. They
have been working to determine the scope of the project and whether it would be a
combined fire and rescue building. At present, the Town is still working on the design
and staff is attempting to determine Roanoke County’s share of the cost. Supervisor
Altizer stated that the existing building needs repairs and advised that the Town is
moving closer to establishing a design.
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Paging System: Mr. Hodge stated that he would like to proceed with
upgrading the paging system by utilizing grants and/or year-end funds. He advised that
he would like to do this prior to the public safety building project, and noted that this item
was ranked #1 by the Capital Improvements Program (CIP) Advisory Committee. Chief
Burch advised that a needs assessment has already been conducted.
Loss of Revenue – Utility Department: Brent Robertson reported that the
County will lose approximately $252,000 in annual Utility Department revenues when
the Western Virginia Water Authority is implemented in July 2004. This will impact the
following three departments: (1) County Attorney - $37,000; (2) Community
Development - $195,000; (3) General Services - $20,000. It was noted that the impact
to Roanoke City will be approximately $1 million per year.
Community Policy Management Team (CPMT): Mr. Chambliss reported
that CPMT provides services for special education and foster care children who come
before the juvenile court system. The number of children in the program continues to
increase: last year there were 153 participants and through mid-February 2004, there
were 141 participants in the program. These are mandated services and the total
program cost in 2003 was approximately $2.6 million, of which the state pays
approximately 56%. The local portion of the cost is split between the County and
school’s general funds based on the ratio of the cases. The current fiscal year total
expense is anticipated to be $4.6 million.
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Additional Funding Requests: Mr. Robertson distributed summary and
detail information for additional funding requests submitted by departments.
Economic Development: Mr. Hodge advised that there is an opportunity
to expand an existing business park in the County and this will require capital
expenditures over the next several years. Staff will bring this matter back to the Board
in the next several months. In addition, he advised that the Roanoke Regional
Chamber of Commerce’s initiative to attract a low-fare air carrier to Roanoke is still in
progress and may require additional funding this year.
Ms. Hyatt reported that $392,000 in economic development incentives has
been set aside in the fiscal year 2003-2004 budget to be paid to three businesses. In
fiscal year 2004-2005, these will continue at the same level plus $820,000 will be added
for incentives to Lowe’s, Integrity Windows, and Cardinal Glass. This will be a total of
$1.2 million in incentive payments.
In response to an inquiry from Supervisor McNamara, Mr. Robertson
advised that the local revenue projection for 2004-2005 is approximately $5.8 million.
Ms. Hyatt advised that the County’s Virginia Retirement System (VRS) share will cost
$2 million and the school’s VRS share will cost between $1.7 and $2.5 million.
3. Joint work session with the Planning Commission to discuss
proposed revisions to the Community Plan. (Janet Scheid,
Chief Planner)
February 24, 2004
175
The work session was held from 4:35 p.m. until 4:58 p.m. Planning
Commission members present included: Steve Azar, Al Thomason, Gary Jarrell,
Martha Hooker, and Rodney McNeil. Staff present included: Arnold Covey, Janet
Scheid, and David Holladay.
Ms. Scheid advised that the smart growth task force has met four times
and has developed a list of policy issues to be addressed in the community plan. These
issues include the following: (1) water and sewer extensions – should they be granted,
should pump stations be allowed, etc.; (2) there is a consensus that the cluster
ordinance needs to be revised; (3) should private roads be allowed in agricultural areas
with strict requirements; (4) should urban village centers, which would allow for multiple
uses in the same area, be encouraged.
Ms. Scheid advised that the next task force meeting is scheduled for
March 10 and at that time staff will present specific policy recommendations. Once
specific recommendations are established, the proposed changes will be presented at
community meetings prior to returning the matter to the Board of Supervisors and
Planning Commission.
Mr. Thomason stated that it is apparent that everyone on the task force
will not be in agreement. He thanked the representatives of the Roanoke Regional
Homebuilders Association for submitting information in writing regarding changes they
would like to see included in the community plan. He advised that members of the
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Citizens for Smart Growth had been reluctant to put their recommendations in writing,
and he requested that they provide this information as soon as possible.
In response to an inquiry from Supervisor Altizer, Ms. Scheid and Mr. Azar
identified the top 3 critical issues as follows: (1) urban service boundaries (2) lot sizes –
should density be increased in urban areas and decreased in agricultural areas (3)
extension of water and sewer lines.
A tour to evaluate issues pertaining to the community plan was scheduled
for March 10 at 2:00 p.m. Members of the Board of Supervisors, Planning Commission,
and County staff will attend.
IN RE: BRIEFING
Staff presented a briefing to the board from 5:40 p.m. until 5:55 p.m. Mr.
Covey briefed the Board on a Virginia Department of Transportation (VDOT) secondary
road project, namely Buck Mountain Road.
Ms. Hyatt discussed a Virginia Municipal League (VML) action alert on the
General Assembly action on the state budget, and in particular, VRS contribution rates.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of congratulations to the Cave Spring High School
Volleyball team for winning the State Group AA Championship for
the second consecutive year
R-022404-4
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177
Chairman Flora presented the resolution to Coaches Tamalyn and Mark
Tanis and the following members of the volleyball team who were present at the
meeting: Lauren Clary, Stacey Craighead, Emily Harvey, Laura Jones, Claire Kerr,
Christie McFarland, Katie Morrison, Andrea Secrist, Andrea Thornton, and Erica
Wiegand. Also present were Dr. Linda Weber, Superintendent; Dr. Martha Cobble,
Principal; and Randy Meck, Athletic Director.
Supervisor Wray moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION 022404-4 OF CONGRATULATIONS TO
THE CAVE SPRING HIGH SCHOOL VOLLEYBALL TEAM
FOR WINNING THE STATE GROUP AA CHAMPIONSHIP
FOR THE SECOND CONSECUTIVE YEAR
WHEREAS, team sports are an important part of the curriculum at schools in
Roanoke County, teaching cooperation, sportsmanship and athletic skill; and
WHEREAS, the Cave Spring Knights Volleyball Team won their second
consecutive State Group AA Championship on November 22, 2003, by defeating
Jefferson Forest High School and finishing the season with a record of 26 wins and 2
losses; and
WHEREAS, the Knights’ team is comprised of four seniors and eight
sophomores; and the four seniors have compiled a two-year varsity record of 55 wins
and 2 losses; and
WHEREAS, the following players were named to the All-River Ridge District
Team:
Lauren Clary
?
Stacey Craighead
?
Emily Harvey
?
Clair Kerr
?
Katie Morrison
?
February 24, 2004
178
Andrea Secrist; and
?
WHEREAS, Emily Harvey was named to the All Region III Team and is eligible to
receive All-State Honors; and was selected as Player of the Year for the River Ridge
District and Region III and as the All-Timesland Volleyball Player of the Year; and
WHEREAS, Claire Kerr was named to the All-Region III Team and is eligible to
receive All-State Honors, and was named to the All-Timesland Volleyball First Team;
and
WHEREAS, the Knights are coached by Tamalyn Tanis and Assistant Coaches
Mark Tanis, Lindsay Cannon and Mike Wiegand.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its sincere congratulations to the
members of theCAVE SPRING KNIGHTS VOLLEYBALL TEAM: Lauren Clary, Stacey
Craighead, Emily Harvey, Laura Jones, Claire Kerr, Caitlyn Long, Christie McFarland,
Katie Morrison, Andrea Secrist, Jillian Sullivan, Andrea Thornton, and Erica Wiegand,
for their athletic ability, their commitment, and their team spirit; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best
wishes to the members of the team, the coaches, and the school in their future
endeavors
On motion of Supervisor Wray to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1. Second reading of an ordinance to obtain a special use permit to
operate a private kennel on 1.5 acres located at 5005 Buffalo
Circle, Catawba Magisterial District, upon the petition of Les and
Angela Meadows and Barbara J. Schuyler. (Janet Scheid, Chief
Planner)
DENIAL
O-022404-5
Ms. Scheid reported that the petition is to obtain a special use permit to
operate a private kennel. She noted that there has been some confusion over the
February 24, 2004
179
wording private kennel, and staff will be making amendments to clarify this wording in
the zoning ordinance.
Ms. Scheid stated that Mr. and Mrs. Meadows moved to Cherokee Hills in
November 2003 and were unaware of Roanoke County’s zoning regulations concerning
the number of dogs allowed in R-1 zoning. They were aware that the homeowner’s
association did not have any regulations governing the number of dogs allowed. Mr.
and Mrs. Meadows have indicated that once they found out about the regulations, they
initiated the process for a special use permit on their own. It was noted that the two
dogs that stay in the house are miniature dogs that are ages 18 and 8. The two
remaining dogs are kept in the garage and are 7 and 5 years of age. Ms. Scheid stated
that at the Planning Commission hearing, it was explained that the special use permit
would be for this property only and no other property in the neighborhood; it would
include conditions that would prevent the petitioners from getting additional dogs as
their current dogs were to pass away or be given away; and it would not be transferable
to another party if the property was sold. The Planning Commission and staff had not
received complaints from anyone, including the neighbors, about the petitioner’s dogs
barking prior to the Planning Commission hearing. It was also stated that most
neighbors, when asked, were unaware that four dogs existed on the property. Ms.
Scheid stated that at the Planning Commission meeting, several citizens spoke in
opposition to the petition and the concerns seem to focus primarily on the potential for
dogs to be roaming the neighborhood, dogs barking, and the precedence that would be
February 24, 2004
180
set by allowing a private kennel permit. Ms. Pamela Hughes, the current homeowner’s
association president, stated that she did not feel the permit would be a disruption to the
neighborhood.
Ms. Scheid advised that the Planning Commission recommended
approval of the petition with a vote of 5-0 and imposed the following conditions: (1) The
special use permit shall only be granted to the applicants on the petition and would not
be transferable to any other property owner. (2) Staff shall make an administrative
review of the special use permit for compliance with the ordinance after twelve months.
(3) The number of dogs allowed shall be limited to four. However, upon the death or
disposition of any one of these four dogs, the owner shall not be allowed to replace the
said dogs above the limit of two dogs. The Planning Commission approved the request
by a vote of 5-0.
Supervisor Church requested that staff change the terminology private
kennel in the zoning ordinance. Ms. Scheid advised that staff is working on this change.
The petitioners, Les and Angela Meadows, 5005 Buffalo Circle, Salem,
Virginia, were present at the meeting. Ms. Meadows advised that the dog that was said
to be age five is actually two years old. She stated that she has two small and two
medium size dogs; the dogs do not leave their yard; they do not let the dogs outside
without being there to supervise them; and no official complaints have been filed
regarding the dogs. She stated that the adjacent property owners are supportive of the
petition. Ms. Meadows also indicated that they would be agreeable to a six month
February 24, 2004
181
administrative review of the permit. Ms. Meadows advised that no complaints were
received until the day of the Planning Commission hearing when one of the neighbors
was shoveling snow and their dog barked at the neighbor for a brief period. She stated
that since the Planning Commission hearing, the neighbors opposing the petition
wanted to get photos of their dogs. She advised that they made noise in an attempt to
get the dogs to come to the front of the house, which the dogs did and barked, and the
neighbors took a photo. She stated that the dogs are part of the family and do not pose
a threat to anyone.
Mr. Meadows stated that their family moved to the area for educational
reasons for their children. They were unaware that owning four dogs would be an issue
and when this was discovered, they submitted a petition for a special use permit. He
presented a petition signed by the adjacent property owners supporting their request.
He advised that this process has been very stressful for the family and has caused
concerns whenever they let their dogs outside. He stated that the dogs are very docile
and one of the dogs is 18 years old and will not live much longer. Ms. Meadows also
advised that all the dogs have been neutered.
Ms. Pamela Hughes, 5462 Whispering Wind Drive, Salem, Virginia, stated
that while she is the current president of the homeowner’s association, she was
speaking on her own behalf. She voiced support for the petition and advised that she
made an impromptu visit to the home the night of the Planning Commission hearing.
She stated that she was greeted by two dogs that barked a maximum of five times. She
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182
indicated that the dogs were not aggressive and she did not view safety concerns as an
issue. She stated that the Meadows have done the right thing in applying for the special
use permit and they should be given a chance. She stated that the County needs to
revisit kennel permit requirements in residential areas, and advised that the petition has
not been represented fairly to some of the neighbors.
Mr. Fred W. Lester, 4903 White Eagle Lane, Salem, Virginia, stated that
this has been a trying issue and he has gone from opposing the request to now being
supportive of the petition. He said two points need to be considered: safety and noise.
To date, the Meadows have successfully managed both concerns. He advised that he
lives one house over from the Meadows and that their dogs have never been in his yard
and he has never heard them barking at night. The Meadows are asking for the
opportunity to demonstrate their responsibility to own these pets. He stated that the
special use permit with the conditions should be granted, and that he feels the
Meadows should be treated in the same manner that he would like his family to be
treated.
Ms. Lillian Daunt, 5004 Buffalo Circle, Salem, Virginia, advised that she is
the block captain for Buffalo Circle and presented a petition signed by residents who
oppose the petition. She stated that the neighbors have concerns and she indicated
that the photos, which were presented to the Board, were obtained after the dog barked
at a neighbor retrieving their trash can. She stated that the dogs are kept locked up
behind the garage and they do bark. She stated that she and the other residents walk
February 24, 2004
183
in the neighborhood and hear the dogs bark every time they walk past with their dogs.
The two dogs in the garage are not allowed to be outside when the neighbors are out so
that they can get a fair assessment of the animals. If the special use permit is granted,
the process to appeal the permit is lengthy. She requested that the Board review the
petition which contains the names of 50 individuals in Cherokee Hills and Buffalo Circle
who are directly affected by the petition. She stated that the residents are concerned
about safety issues because children play in the cul-de-sac and the dogs have the
potential to come out and possibly bark at or annoy the children and disrupt the
children’s lives and the home lives of the residents.
Mr. Paul J. Daunt, 5004 Buffalo Circle, Salem, Virginia, stated that when
he moved into the subdivision 14 years ago, it was a safe, peaceful location. He noted
that he is a mechanic by trade and it would have been profitable for him to do some
minor side work at his residence, but the effect on the community and his immediate
neighbors may not have been in everyone’s common interest. In addition, zoning
regulations were in effect which he honored, along with the common interests and
standards. He welcomes the new neighbors but does not welcome the revision of long-
standing ordinances which affect a few at a cost to many. If the petition is granted, it
becomes the neighbor’s problem to attempt to resolve through legal processes. The
ordinances have been enacted to keep neighborhoods safe, quiet, and cooperating. He
stated that it is his hope that the new neighbors will come to appreciate the ordinances
rather than attempt to change them, and he stated that a noise issue already exists
February 24, 2004
184
even though all four dogs have never been outside at one time yet. To grant the
petition tells the opposing residents that this becomes their problem. He requested that
the petition be denied.
Ms. Norma A. Stone, 5012 Buffalo Circle, Salem, Virginia, stated that she
is concerned about safety issues if the dogs get out and children are playing in the
street. She also voiced concerns about a terminally ill neighbor who is also opposed to
the petition.
Mr. Richard McCulley, 5028 Buffalo Circle, Salem, Virginia, advised that
he and his wife walk in the neighborhood and they do not want to have to worry about
dogs barking at them and biting them. He stated that four dogs would be difficult to
contain. He requested that the petition be denied and stated that people moving into
the area should contact the County to find out about ordinance restrictions.
In response to an inquiry from Supervisor Altizer, Ms. Meadows
responded that the dogs have never harmed anyone and there have been no
complaints. She indicated that whether they own one dog or four dogs, there is always
a possibility that a dog can get loose. She stated that because they do not have a
fenced in yard, they do not let the dogs outside unless they are supervised.
Supervisor Church stated that he is concerned that this situation is
separating friends and neighbors. He again requested that staff revise the wording in
the ordinance relating to the designation private kennel. He also indicated that the
minimum lot size should be three acres. Mr. Church stated that the Board must put
February 24, 2004
185
themselves in the shoes of the homeowners who purchase property with the
expectation that they would be free of fear and disturbances. He stated, however, that
he is not convinced that the dogs present a danger and the photographs can represent
whatever the person presenting them would like to convey. He stated that two issues
must be considered: (1) this is driving a wedge between neighbors; and (2) based on
the recent history of the Board, there have not been many occasions where a petition
has been granted. Supervisor Church stated that he received numerous calls and
emails regarding this matter, and he did not receive a single communication in favor of
the petition. He advised that if the Board were to grant this request, it would be difficult
to justify the petitions that have recently been denied. He stated that pets are a part of
the family, and this is a difficult decision to make.
Supervisor Church moved to deny the ordinance and allow the petitioners
60 days to come into compliance.
In response to an inquiry from Supervisor McNamara, Ms. Scheid advised
that in Roanoke County, citizens can have two cats and two dogs. The Town of Vinton
has a total limit of two pets, and the Cities of Roanoke and Salem have a limit of 4 dogs.
Supervisor McNamara stated that it is unfortunate that these types of
requests lead to the polarization of neighborhoods. He stated that the Board needs to
evaluate each case on its own merits, and this one is different because the application
for a special use permit is usually prompted by complaints from surrounding neighbors.
In this case, there was no suggestion that a dangerous situation exists. In addition, this
February 24, 2004
186
is a temporary measure and it is something that he would want someone to do if he had
purchased a home not knowing what the laws were. He also noted that two of the
animals are miniature and would not have a significant impact on the neighbors, as well
as the fact that the adjacent neighbors are supportive of the petition. Supervisor
McNamara stated that this would not establish precedence.
Supervisor Flora commended the speakers for their respectfulness to one
another. He noted that in local government, there are two issues that generate strong
emotions: dogs and junk cars.
The motion of Supervisor Church to deny the ordinance and allow the
petitioners 60 days to come into compliance carried by the following recorded vote:
AYES: Supervisors Church, Wray, Altizer, Flora
NAYS: Supervisor McNamara
ORDINANCE 022404-5 DENYING A SPECIAL USE PERMIT TO LES
AND ANGELA MEADOWS AND BARBARA J. SCHUYLER TO
OPERATE A PRIVATE KENNEL ON 1.5 ACRES LOCATED AT 5005
BUFFALO CIRCLE (TAX MAP NO. 54.04-4-8) CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, Les and Angela Meadows and Barbara J. Schuyler have filed a
petition for a special use permit to operate a private kennel on 1.5 acres located at 5005
Buffalo Circle (Tax Map No. 54.04-4-8) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
February 3, 2004; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on January 27, 2004; the second reading and public hearing on
this matter was held on February 24, 2004.
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 Les and
Angela Meadows and Barbara Schuyler to operate a private kennel on 1.5 acres
February 24, 2004
187
located at 5005 Buffalo Circle in the Catawba Magisterial District is substantially in
accord with the adopted 2000 Community Plan pursuant to the provisions of Section
15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is
hereby approved with the following conditions:
(1) The special use permit shall only be granted to the applicants on the
petition, Les and Angela Meadows and Barbara Schuyler, and would not be
transferable to any other property owner.
(2) Staff shall make an administrative review of the special use permit for
compliance with the ordinance after twelve months.
(3) The number of dogs allowed shall be limited to four. However, upon the
death or disposition of any one of these four dogs, the owner shall not be allowed
to replace the said dogs above the limit of two dogs.
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 deny the special use permit and to allow the
petitioner 60 days to come into compliance, and carried by the following recorded vote:
AYES: Supervisors Church, Wray, Altizer, Flora
NAYS: Supervisor McNamara
2. Second reading of an ordinance to rezone 2.37 acres from R-1
Low Density Residential District to C-1 Office District with
conditions to construct a general office located at 3640 Colonial
Avenue, Cave Spring Magisterial District, upon the petition of
Roanoke Council of Garden Clubs, Incorporated. (Janet Scheid,
Chief Planner)
O-022404-6
Ms. Scheid advised that the Roanoke Council of Garden Clubs plans to
remove the existing house on the property and replace it with an approximately 6,000
square foot one story brick and wood building centrally located on the site. The
February 24, 2004
188
proffered concept plan indicates a new 24 foot wide access drive into the property that
would be 30 feet wide at the Colonial Avenue right-of-way. On January 14, 2004, the
petitioners and their counsel held a citizens’ meeting and approximately 21 neighbors
attended. Representatives of the Garden Club stated that an office secretary will be
onsite for half days Monday through Friday, classes are likely on Saturdays, and
monthly garden club meetings of up to 80 people will occur. Citizen questions and
comments highlighted traffic, drainage and landscaping issues. Ms. Scheid stated that
the Planning Commission approved the request at their hearing on February 3, 2004,
with the following proffered conditions: (1) The subject property will be developed in
substantial conformity with the concept plan dated January 14, 2004 and with the
architectural rendering dated January 30, 2004. (2) Use of the property will be limited to
activities of or sponsored by the Roanoke Council of Garden Clubs, Incorporated,
including offices, meetings, and rental of the building. (3) Applicable Colonial Avenue
Corridor Design Guidelines shall be in effect. (4) The proposed building shall be limited
to 6,000 square feet of gross floor area and 26 feet in height. (5) Exterior building
materials shall be of brick and wood. (6) Parking to the rear of the building shall not
exceed sixty (60) spaces and no parking shall be constructed in front of the building. (7)
Monument-style signage at the entrance of the property shall not exceed 35 square
feet. Total site signage shall not exceed 70 square feet. Temporary signage shall be
limited to activities directly related to the Roanoke Council of Garden Clubs, Inc.
February 24, 2004
189
Supervisor Altizer expressed concern regarding the wording in condition
#2 which states “use of the property will be limited to activities of or sponsored by the
Roanoke Council of Garden Clubs”. He questioned if this means that whenever the
building is rented, the event will always be sponsored by the garden club. He asked if
there would ever be a situation where the building is rented for an event or activity not
sponsored by the garden club? Ms. Scheid advised that at the Planning Commission
hearing, the Council of Garden Clubs and their counsel indicated that events would be
limited to activities of the garden clubs and related, sponsored activities. It is possible
that the building could be rented for events such as weddings or receptions.
Ed Natt, counsel for the petitioner, advised that representatives of the
garden club, as well as Mr. Lionberger, the proposed contractor for the building, were
present at the meeting. Mr. Natt stated that the building will be rented for approved
and/or sponsored activities as a means of generating income for operations. Examples
of the type of activities that may be offered are the annual Holiday House, music
recitals, or wedding receptions. Supervisor Altizer stated that he wanted to ensure that
the facility will not be used for activities that are not sponsored by the garden clubs.
Supervisor Wray asked Mr. Natt to explain the definition of a garden club.
Mr. Natt stated that the Roanoke Council of Garden Clubs is the conglomerate of all the
community garden clubs throughout the Roanoke Valley. The clubs are comprised of
up to 80 members who generally meet monthly. It is a community association.
February 24, 2004
190
Supervisor Wray questioned whether there would be any outdoor
activities. Mr. Natt stated that sessions or cookouts may be held outdoors. He stated
that the activities would be similar in nature to those hosted by a church. Supervisor
Wray asked if there would be any outdoor music with loud speakers. Mr. Natt stated
that he would not anticipate this type of activity being held. Supervisor Wray asked for
examples of activities hosted by the garden club. Mr. Natt responded that they host an
annual Holiday House.
Ms. Phyllis Holton, 5475 Setter Road, Roanoke, Virginia, advised that she
is in charge of the sale and relocation of the Roanoke Council of Garden Clubs facility.
She stated that the council is an organization of garden clubs and plant societies and
their function is to facilitate the activities of all the clubs. In addition, they perform
community service projects that one club alone cannot handle. The Council hosts
flower shows, symposiums, and teaches horticulture and landscaping classes. She
advised that their function is to educate the community and they anticipate that the
facility will serve as a meeting place for their clubs and a place where their activities can
take place. From a financial perspective, they host a Holiday House boutique to fund
their activities. In the past, only one event per year has been held. Ms. Holton stated
that at this location, it is possible that more than one fund raising event could be held.
In addition, rental of the building would provide revenues for the Council. With respect
to outdoor activities, Ms. Holton advised that if the zoning is approved, a committee will
be established that will be a permanent part of the Executive Board. This committee will
February 24, 2004
191
supervise the activities within the building and a fee schedule will be established. Ms.
Holton stated that there would be no amplification of music outdoors. She indicated,
however, that the Council will hold outdoor activities such as picnics, Easter egg hunts,
weddings and receptions, holiday functions, etc. In the event of garden weddings, no
brass instruments or drums would be allowed. String instruments and flutes are
appropriate instruments for these functions. She is recommending that outdoor events
in the summer conclude by 9:30, indoor activities are to conclude by 10:00. Caterers
must exit the building and the lights should be turned off by 11:00 p.m.
Supervisor Wray requested that Ms. Scheid explain the process for the
entrance compliance and how the conditions are applied from plan review. Ms. Scheid
stated that the road will be 24 feet wide but at the entrance, it would be 30 feet onto
Colonial Avenue. She noted that this is a VDOT requirement. She also advised that
this is where the monument sign would be placed.
Supervisor Wray questioned what would happen with the zoning if the
property is sold in the future. Ms. Scheid advised that the zoning change from R-1 to C-
1 would pass with the building. The site plan has been proffered, so the building and
the site would have to be developed in conformance with the site plan that they have
proffered.
Supervisor Wray asked Mr. Mahoney to explain the process if an
organization is outside the scope of the activities that are allowed. Mr. Mahoney
responded that if a prospective purchaser wanted to use the property for purposes that
February 24, 2004
192
were inconsistent with the conditions set forth in the proposed ordinance, the
prospective purchaser would have to petition the Board for an amendment to or repeal
of the conditions.
There were no citizens present to speak on this item.
Supervisor Wray moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
ORDINANCE 022404-6 TO CHANGE THE ZONING CLASSIFICATION
OF A 2.37-ACRE TRACT OF REAL ESTATE LOCATED AT 3640
COLONIAL AVENUE (TAX MAP NO.77.18-3-15) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF
R-1 TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS
UPON THE APPLICATION OF ROANOKE COUNCIL OF GARDEN
CLUBS, INCORPORATED
WHEREAS, the first reading of this ordinance was held on January 27 2004, and
the second reading and public hearing were held February 24, 2004; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on February 3, 2004; 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
2.37 acres, as described herein, and located at 3640 Colonial Avenue (Tax Map
Number77.18-3-15) in the Cave Spring Magisterial District, is hereby changed from the
zoning classification of R-1, Low Density Residential District, to the zoning classification
of C-1, Office District.
2. That this action is taken upon the application of Roanoke Council of
Garden Clubs, Incorporated.
3. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia,
hereby accepts:
February 24, 2004
193
(1) The subject property will be developed in substantial conformity with the
concept plan dated January 14, 2004, and with the architectural rendering dated
January 30, 2004, both prepared by Rife & Wood Architects.
(2) Use of the property will be limited to activities of or sponsored by the
Roanoke Council of Garden Clubs, Incorporated including offices, meetings and rental
of the building.
(3) Applicable Colonial Avenue Corridor Design Guidelines shall be in effect
with the word “shall” replacing the word “should” as determined during the site plan
review process.
(4) The proposed building shall be limited to 6,000 square feet of gross floor
area and 26 feet in height.
(5) Exterior building materials shall be of brick and wood.
(6) Parking to the rear of the building shall not exceed sixty (60) spaces and
no parking shall be constructed in front of the building.
(7) Monument-style signage at the entrance of the property shall not exceed
35 square feet. Total site signage shall not exceed 70 square feet. Temporary signage
shall be limited to activities directly related to the Roanoke County of Garden Clubs,
Incorporated.
4. That said real estate is more fully described as follows:
BEGINNING at a post, corner to C. W. Trent and Mrs. John Edwards on
the south side of Bent Mountain Road, also called Poorhouse Road; thence with
the south side of said road N. 52° 15’ E. 237.0 feet to an iron pipe, corner to J. D.
Wilson 2.00 acre tract; thence with the lines of same, S. 31° 15’ E. passing an
iron pipe in field at 365.0 feet, in all 510.0 feet, to a stake in outside line of C. W.
Trent property; thence with the outside line of C. W. Trent property S. 44° W.
245.0 feet to a stake near small forked dogwood; thence with the line of Mrs.
John Edwards’ property N. 31° 15’ W. 540.2 feet to the Place of Beginning; and
containing 2.88 acres. LESS AND EXCEPT 0.054 acre conveyed to the
Commonwealth of Virginia by deed recorded in the Clerk’s Office of the Circuit
Court of Roanoke County, Virginia, in Deed Book 511, page 521. LESS AND
EXCEPT 0.43 acre conveyed to Cletus H. Bittle, et al, by deed recorded in the
aforesaid Clerk’s Office in Deed Book 1117, page 535. LESS AND EXCEPT
0.023 acre conveyed to Cletus H. Bittle, et al, by deed recorded in the aforesaid
Clerk’s Office in Deed Book 1128, page 811.
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.
February 24, 2004
194
On motion of Supervisor Wray to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
3. Second reading of an ordinance to amend the conditions of
ordinance 032399-8, Condition 3, to increase the maximum light
pole height from 22 feet to 33.5 feet for property located at 3270
Electric Road, Cave Spring Magisterial District, upon the petition
of Balzer & Associates, Inc. (Janet Scheid, Chief Planner)
Chairman Flora announced that this item was withdrawn at the request of
the petitioner and the petitioner has advised that they will comply within thirty (30) days.
There were no citizens present to speak on this item.
4. Second reading of an ordinance to amend conditions on a 157
acre portion of a Planned Residential Development originally
consisting of 302 acres (Wilshire) and to rezone 32 acres from R1-
C Single Family Residential District with conditions to PRD,
located south of the Blue Ridge Parkway at milepost 125, Cave
Spring Magisterial District, upon the petition of Land Planning &
Design Associates. (Janet Scheid, Chief Planner)
O-022404-7
Ms. Scheid advised that the petition is to amend conditions on 157 acres
zoned Planned Residential Development (PRD) and rezone 31 acres from R-1 Single
Family to PRD. The petitioners propose a maximum of 400 dwelling units consisting of
February 24, 2004
195
a combination of single-family attached and detached units. Due to this range of
housing types, the number of school children generated from this development will be
considerably less than the current zoning allows. Ms. Scheid stated that much of the
property is currently zoned PRD with an allowable density of close to 800 homes. The
development will be accessed from Merriman Road, and open space is woven
throughout the proposed residential development and accessed by both sidewalks and
walking trails. The petitioners have worked closely with the Blue Ridge Parkway staff to
protect critical Parkway view sheds and have pledged an adjoining 63-acre property to
the Parkway. The pledge is not, however, proffered as part of this petition and should
be considered as an independent action.
Ms. Scheid reported that the property is designated Development in the
Roanoke County Community Plan, and the proposed residential community is
consistent with that designation. She indicated that staff is recommending approval of
the petition to amend proffered conditions and rezone. The proposed development is
innovative and will offer a model neighborhood to County residents. The extent to
which the developer has protected natural resources and scenic views from the
Parkway should be recognized and commended.
Ms. Scheid stated that the Mason’s Crest PRD will provide specific
communities within the PRD with three different housing types: (1) Single family with
architectural guidelines and single family without architectural guidelines. There will be
approximately 120 single family homes. (2) Cluster homes – there will be approximately
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96 homes. (3) Village cluster single family (approximately 184 homes) are reduced lot
traditional neighborhood style homes with architectural guidelines. She advised that in
an effort to understand the potential visual impacts of this development on the Blue
Ridge Parkway, the developers created a 3-dimensional computer model of the project
that depicted preliminary grading of roads and lots, scaled models of all housing unit
types located on each potential building lot, existing vegetation to remain, and proposed
buffers. Still renderings and animations were created from the point of view of someone
traveling along the Blue Ridge Parkway. Ms. Scheid indicated that this PowerPoint
presentation was shown at both the community meeting and the Planning Commission
hearing. The total open green space area will be approximately 93 acres or 49.5% of
the total site.
Ms. Scheid reported that as of this date, the school children generated by
this residential development would attend Penn Forest Elementary, Cave Spring Middle
and High Schools. Penn Forest Elementary, per the school administration, has a
capacity of 540 children and a current enrollment of 533. The school administration
reports that new residential development in the Penn Forest school district is a concern.
On the contrary, school capacity at the middle school and high school is not expected to
be an issue for a number of years. In terms of fire and rescue services, Cave Spring
Station #3 would be the initial responding station. The response goal of reaching 80%
of all advanced life support emergencies within six minutes will rarely if ever be met
from the current facility due to the travel distance and road conditions. The actual time
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to be expected will be in the seven to eight minute range in good weather conditions
and exceed ten minutes in bad weather. Both public water and sanitary sewer of
adequate capacity can be provided by extending public facilities. The extension of
public facilities will require crossing the Blue Ridge Parkway. Superintendent Dan
Brown of the Blue Ridge Parkway has provided a written statement reporting that the
proposed development of Mason’s Crest responds positively to the visual resource
protection concerns of the Blue Ridge Parkway. Parkway staff has worked closely with
the petitioners in designing their project and minimizing impacts on the adjoining
national park.
Ms. Scheid stated that access to Mason’s Crest will be from Merriman
Road. The access road may be public or private, but shall be developed to and
constructed in accordance with VDOT public road standards and shall meet VDOT
standards for turn lanes, site distances, and grades. In comparison, the previously
approved PRD was accessed from Cotton Hill Road. In many regards such as width of
road, width of shoulders and sight visibility, Merriman Road is a preferred access for this
revised PRD.
Ms. Scheid indicated that a community meeting was held on January 20
and approximately 50 citizens attended. The petitioners presented a PowerPoint
presentation of their proposed development. Citizens expressed concerns regarding
the conceptual plans; however following the presentation, there was general support for
the project. Additional concerns that were expressed included the following: traffic on
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Merriman Road, the area road network, and buffering between Phase 5 of the proposed
development and the adjoining large lot residential neighborhood.
Ms. Scheid stated that staff is pleased to see the effort and
professionalism with which this project and conceptual plan have been developed. The
package includes detailed 3-dimensional information on environmental and scenic
impacts of the proposed development that are very helpful in analyzing the potential
impacts of this development on the community and the adjoining National Park. Ms.
Scheid advised that this is an innovative development plan that incorporates many
positive features. The density, at 2.1 dwelling units per acre, is considerably less than
would be allowed under the existing site zoning. The result of the lower density can be
seen in fewer school children and less traffic than could have otherwise been generated
from this site. In addition, the use of Merriman Road versus Cotton Hill Road is an
improvement. Merriman Road is better able to absorb the additional traffic than is
Cotton Hill Road. The recreational and open space amenities proffered with this
rezoning request ensure that this development will be consistent with the Community
Plan and will raise the bar for future residential developments in Roanoke County. Ms.
Scheid advised that at their February 3 meeting, the Planning Commission unanimously
voted to approve the petition and there were no citizen comments at that time.
With respect to the 32 acres being rezoned, Supervisor Flora questioned
what the difference is between the numbers of dwelling units permitted on R-1 versus
PRD. Ms. Scheid responded that R-1 zoning would allow approximately 5 dwelling
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199
units per acre, and the petitioner has proffered 2.1 dwelling units per acre. Supervisor
Flora noted that this has reduced the potential number of units from approximately 150
to 60.
Mr. David Radford, President of Radford and Company, stated that their
company wanted to develop a premier neighborhood that would be in harmony with the
Parkway. He stated that they have met with representatives from the Parkway and
crafted a plan that would preserve land adjacent to the Parkway. He stated that they
wanted access to the development on Merriman Road to reduce the impact on Cotton
Hill Road. He stated that two of the three housing types are geared toward empty
nesters which will lessen the impact on schools and traffic, relative to the previously
proposed PRD. The project will be phased in over a 5 to 6 year period and will contain
a community center which will be a gathering place for the neighborhood, pool, tennis
court, play area, and an integrated greenway trail which will be developed in Phases 2
through 4. Mr. Radford thanked the Western Virginia Land Trust, Roanoke County
Planning Department, Gary Johnson with the Blue Ridge Parkway, and Nick Beazley,
the owner of the property, for their assistance with this project.
Mr. John Schmidt, Land Planning and Design, stated that he had worked
with the Radford’s on the development of the preliminary plans and the proffer plans.
He presented an overview of the plan and maps.
Supervisor Wray requested an explanation of the public versus private
road situation in this PRD. Ms. Scheid stated that any of the roads in this PRD can be
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200
either public or private. The private roads will be built to VDOT construction standards
with respect to the depth and engineering of the road. The width of the road may be
narrower than the width that would be accepted by VDOT for public roads, and the
developer wants to maintain the flexibility to utilize private roads in order to create a
more neighborhood feel to the area. The roads will be designated as private on the
record plats and on signage in the development.
Supervisor Wray questioned whether there was a homeowner’s ordinance
that would cover snow removal or repairs to the private roads. Ms. Scheid stated that
there will be a homeowner’s association. Mr. Radford stated that there will be a master
homeowner’s association, and each phasing area will have their own association. The
homeowner’s association for each area will be responsible for maintenance and snow
removal on the private roads in their area and this will be reflected in their respective
fees.
Supervisor Wray questioned if this would apply to fire and rescue, police,
and general services collections on private roads. Mr. Radford advised that this
concept is the same as the concepts used in other projects in Roanoke County, and that
fire and emergency services and trash collection would still be needed for private roads.
In response to an inquiry from Supervisor Wray, Ms. Scheid stated that
some houses on the end of the property would be visible and there are some areas
where additional buffering will be put in place.
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Supervisor Wray questioned why the Clearbrook Fire and Rescue station
was not designated as the first responding station and asked for clarification regarding
when the fire response lines were established. Ms. Scheid reported that this
information was received from the Fire and Rescue Department in January 2004. Mr.
Hodge advised that the location is borderline and both the Cave Spring and Clearbrook
stations are approximately equidistant from the development. The Cave Spring station
is slightly closer, but each station serves as a backup for the other. Mr. Chambliss
stated that it would be a dual response for both stations in the event of a residential fire.
In response to an inquiry from Supervisor Wray, Mr. Radford advised that
the entrance into Mason’s Crest will be 40’ wide, which is a VDOT requirement. He
stated that the topography on the first 33 acres of the property is challenging, but it
makes for an attractive entrance into the development. He advised that the property
has a natural drainage area in the center which will be preserved. He stated that at
present, the entrance road is anticipated to be a public road.
Ms. Pam Berberich, 6679 Mallard Lake Court, stated that she applauds
the Radford’s for the plan that has been presented and she hopes that this will set a
new standard for developments in Roanoke County. She advised that the citizens are
concerned that because this is setting a positive standard, the Board is not considering
significant issues that will impact the area. Ms. Berberich outlined the following
concerns: (1) Schools: 176 students will be added with this new development. Ms.
Berberich noted that 50% of the County’s budget goes toward schools. Each child
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202
costs $7,500 per year to educate and $4,000 of this amount comes from the County’s
budget. This means that for the first year, the cost will be $141,000 for educating new
students; $282,000 for the second year; and $423,000 for the third year. This will
ultimately amount to $700,000 per year for the increased costs to education. She
stated that the real estate taxes for this development will not be sufficient to cover this
amount and at some point, citizens in the surrounding areas will question why
neighborhood developments continue to be approved which place a burden on the
school system. (2) Fire and Rescue Services: Ms. Berberich stated that she had
spoken with firefighters at both the Clearbrook and Cave Spring stations, and they had
expressed significant concerns with this area due to the single ingress and egress and
response times. (3) Traffic Impact: She noted that Merriman Road currently logs 2,300
car trips per day and this development would add 4,000 car trips per day, tripling the
volume of cars on the road. She requested that a traffic impact analysis be conducted
and a plan for dealing with the additional traffic be addressed. (4) Private Roads: Ms.
Berberich requested that any private roads within the development be required to meet
VDOT standards and that this decision not be left to the discretion of the developer. In
addition, she noted that Section 200.11 of the Roanoke County Public Street and
Parking Design Standards states that all residential developments generating more than
1,500 vehicle trips per day shall provide through access and shall connect to an existing
state road in at least two locations. She stated that the proposed development is
expected to exceed 1,500 car trips per day and should contain two access points. Ms.
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203
Berberich advised that the firefighters she spoke with expressed concerns about private
roads. (5) Blue Ridge Parkway: This plan has the same architectural design guidelines
as the original plan for The Gardens and The Groves and she displayed photographs
illustrating the types of homes that would be allowed. She expressed concerns about
enforcement of the design guidelines and tree buffering. Ms. Berberich noted that trees
were recently cut in the Wolf Creek subdivision that were supposed to have been
retained as a buffer, and this was part of a proffer when the development was built. She
requested that an architectural review board, including citizens, be established to review
the design guidelines. In closing, Ms. Berberich asked that the Board stop looking at
each project individually and instead look at the big picture.
Mr. Robert Seymour, 7552 Boxwood Drive, stated that he appreciated the
attempts to develop a better plan for this property, but advised that he still remains
discouraged. He indicated that a good plan still does not exist to deal with the impacts
to the County. He voiced concern about maintaining the rights of the property owners
who have made significant investments in their homes, as well as in their children’s
school experience and quality of life. Decisions are made on assumptions and
conditions which change. He stated that he recently received word that several
teachers are being lost from Back Creek Elementary School, as well as other teachers
from around the County. He requested confirmation of this information. He noted that
Penn Forest Elementary School is currently close to capacity and this project will add
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204
approximately 180 additional students. Mr. Seymour requested that the Board carefully
consider this petition.
Ms. Annie Krochalis, 9428 Patterson Avenue, congratulated Radford and
Associates on a creative plan and stated that she hopes it sets a new standard of
design. She voiced concerns about how the County would handle funding for the
additional children in the schools, fire and rescue personnel, response times, utilities,
traffic lights, and other services that will be needed. She stated that this is an
infrastructure problem and the fact that this development involves 400 homes rather
than 800 homes is not a sufficient answer. She indicated that the portion of Merriman
Road where the entrance will be positioned compares equally to Cotton Hill Road, and
noted that there are a high number of accidents coming from Cotton Hill Road to
Merriman Road. Ms. Krochalis questioned whether fire and rescue is being adequately
staffed, whether an additional school would be needed, and how it would be funded.
She stated that these are not the problems of Radford and Associates but rather the
Board of Supervisors. She also requested that the 63 acres being donated to the
Western Virginia Land Trust be included as a written proffer, as well as the tree buffer.
Ms. Elizabeth Abe, 6909 Mary B. Place, commended Mr. Radford for
introducing better planning and residential development but voiced concern over the
slopes on the site. She stated that she has prepared overlays which show areas that
have a maximum slope of 33%. She questioned whether a slope overlay is in existence
for this particular site, but stated that she has not had any success in finding one. She
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reported that she had accessed US Geological Survey (USGS) information and
prepared an overlay herself based on a 1995 aerial photograph. She highlighted areas
in orange where the slope is greater than 33%, yellow areas which are less than 20%,
and blue areas which indicate slopes of 20-30%. Ms. Abe stated that the area in
question is mountainous with numerous slopes. She requested an overlay of Radford’s
plan compared with a slope analysis to determine where it exceeds 33%.
Ms. Rachel E. Wright, 6869 Merriman Road, stated that she owns 13
acres adjacent to the property in question. She voiced support for the Radford’s
proposal, and stated that they have done a beautiful job and this project will serve the
community much better than previous proposals. She noted that the clear cutting of the
trees that was mentioned earlier was done before these individuals became involved
with the property. In addition, she stated that over the 31 years she has lived in the
area she has seen a significant increase in traffic and indicated that traffic is a concern
in all areas. Ms. Wright stated that the price range of the proposed homes will pay
substantial real estate taxes which will offset or support any increase in costs to the
schools. She stated her support for the project.
Supervisor Flora requested that Ms. Scheid describe the requirements for
private roads according to Roanoke County’s ordinance. Ms. Scheid stated that the
private roads in question will be built to VDOT construction standards, which exceed
Roanoke County’s standards, and this is proffered as part of the petition. In addition,
Supervisor Flora clarified why the entrance to the development is so wide rather than
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206
utilizing two separate entrances. He stated that VDOT has a standard which is
determined by the number of trips generated at the completion of the project. This
determines whether there are two entrances or one unusually wide entrance. Ms.
Scheid also indicated that the developer would have to undergo a waiver process with
the County in order to substitute two entrances for the single wider, more improved
entrance.
Supervisor Wray questioned if the donation of the land to the Parkway
was in writing. Ms. Scheid stated that it is a currently a gift being made to the Western
Virginia Land Trust, who will donate the land to the Blue Ridge Parkway. The Western
Virginia Land Trust is serving as an intermediary due to the length of time involved for
the Blue Ridge Parkway to accept land donations. Ms. Scheid further advised that the
donation has been stipulated in a Deed of Gift to the Western Virginia Land Trust.
Supervisor Altizer stated that regarding arguments about the costs of
educating children, Roanoke County will always educate children. The critical point to
be determined is how many will be educated. He advised that he examines what this
project could have been and evaluates how much the current proposal saves the
County relative to past project proposals. He stated that the County is in an
evolutionary period of trying to determine what is right for manageable growth. He
stated that this is a great project that is moving in the right direction.
Supervisor Flora asked Mr. Mahoney about the status of a bill in the
General Assembly that would allow localities the right to deny rezoning requests if the
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necessary infrastructure is not in place. Mr. Mahoney responded that Mr. Marshall, a
member of the House of Delegates from Prince William County, submitted a variety of
bills that would allow localities to deny rezoning requests if insufficient public facilities
existed. The General Assembly referred the bill to the Growth Commission which does
not exist and has no funding. Supervisor Flora wanted to ensure that citizens were
aware of the fact that no legislation exists that would allow the County to deny a
rezoning request on this basis.
Supervisor Wray noted that the additional 180 children that will be added
to the school system will not occur overnight but will be phased in over a number of
years. He stated that this proposal avoids access along the critical areas of Cotton Hill
and Route 221, but rather offers several access roads leading onto Merriman. He
stated that many developments have only one ingress and egress. Supervisor Wray
indicated that the donation of the land should be locked in. He stated that the Radford
proposal is a step in the right direction and they have tried to protect the resources.
Supervisor McNamara stated that a better plan could not have been
created if County staff had developed it themselves. He noted that two-thirds of the
homes target empty nesters and stated that the current zoning allows more homes
without any needed changes. He advised that the donation of land to the Parkway and
the other aspects of the project illustrate how residential development should occur. He
stated that this project should be embraced and he hopes that other developers will
follow this lead. In addition, Supervisor McNamara requested that Mr. Hodge
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investigate the issue of the trees that were cut in violation of proffers in the Wolf Creek
development.
Supervisor Wray moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
ORDINANCE 022404-7 TO AMEND CONDITIONS ON A 157-ACRE
PORTION OF A PLANNED RESIDENTIAL DEVELOPMENT
ORIGINALLY CONSISTING OF 302 ACRES (WILSHIRE) AND TO
REZONE 32 ACRES FROM R1-C TO PRD, LOCATED SOUTH OF THE
BLUE RIDGE PARKWAY AT MILEPOST 125 IN THE CAVE SPRING
MAGISTERIAL DISTRICT UPON THE APPLICATION OF LAND
PLANNING & DESIGN ASSOCIATES, INC.
WHEREAS, by Ordinance 032696-9 the zoning classification of a 302-acre tract
of real estate located on Cotton Hill Road, north and south of the Blue Ridge Parkway
was changed to PRD, Planned Residential Development District; and
WHEREAS, by Ordinance 122199-13 conditions on said PRD were amended;
and
WHEREAS, the planned PRD known as Wilshire was never developed; and
WHEREAS, Land Planning & Design Associates, Inc. has now made application
to amend to the proffered conditions adopted by Ordinance 032696-9 and amended by
Ordinance 122199-13 as to an approximate 157-acre portion of the original 302 acre
parcel of real estate; and
WHEREAS, Land Planning & Design Associates, Inc. has also made application
to rezone a 32-acre parcel from R1-C, Single Family Residential with Conditions, to
PRD; and
WHEREAS, the first reading of this ordinance was held on January 27, 2004, and
the second reading and public hearing were held on February 24, 2004; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on February 3, 2004; 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:
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1. That the amendments to proffered conditions including all written and
graphic information submitted by Land Planning & Design Associates, Inc. as part of
this Planned Residential Development to be known as Mason’s Crest, including the
“Rezoning/Revisions to PRD Master Plan Application for Mason’s Crest, Roanoke
County, Virginia” Developer Radford & Company, Prepared by Land Planning & Design
Associates, Inc., dated December 19, 2003, on the real estate located south of the Blue
Ridge Parkway at milepost 125, consisting of approximately 157 acres (Part of Tax Map
No. 96.02-1-2, Part of Tax Map No. 96.02-1-1, Tax Map No. 97.01-2-17, Tax Map No.
97.03-2-5) are hereby accepted by the Board of Supervisors.
2. The 1996 and 1999 conditions continue in effect for the remaining
property which was the subject of these conditions.
3. That the zoning classification of a certain tract of real estate containing
approximately 32 acres and located south of the Blue Ridge Parkway on Merriman
Road (Tax Map No. 97.03-2-2) in the Cave Spring Magisterial District, is hereby
changed from the zoning classification of R1-C, Single Family Residential District, to the
zoning classification of PRD, Planned Residential Development District.
4. That the owners of the property (totaling approximately 189 acres)
Nicholas H. Beasley and Susan Beasley, Houghton Enterprise, LP, and Radford &
Associates have voluntarily proffered in writing conditions including all written and
graphic information submitted by Land Planning & Design Associates, Inc. as part of
this Planned Residential Development including the “Rezoning/Revisions to PRD
Master Plan Application for Mason’s Crest, Roanoke County, Virginia” Developer
Radford & Company, Prepared by Land Planning & Design Associates, Inc., dated
December 19, 2003, on the real estate located south of the Blue Ridge Parkway at
milepost 125, consisting of approximately 189 acres more fully described in Exhibit A
attached hereto (Part of Tax Map No. 96.02-1-2, Part of Tax Map No. 96.02-1-1, Tax
Map No. 97.01-2-17, Tax Map No. 97.03-2-5, Tax Map No. 97.03-2-2) are hereby
accepted by the Board of Supervisors.
5. That this action is taken upon the application of Land Planning & Design
Associates, Inc.
6. That said real estate is more fully described as follows:
Exhibit A entitled “Legal Description for Mason’s Crest PRD”
7. 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 Wray to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
February 24, 2004
210
IN RE: DISCUSSION OF AGENDA ITEM S-3
Supervisor Wray noted that the petition of Balzer and Associates to
amend the conditions of ordinance 032399-8, Condition 3, to increase the maximum
light pole height from 22 feet to 33.5 feet for property located at 3270 Electric Road,
Cave Spring Magisterial District, was withdrawn from today’s agenda and the petitioners
stated they would comply with the ordinance within 30 days. He requested clarification
of the County’s role in this process. Ms. Scheid advised that staff will initiate the zoning
violation action against the property owner which will start the countdown for completion
of the changes within the stated time frame. She stated that Balzer and Associates
have indicated that they will comply within 30 days, and that is quicker than the County
could accomplish this through the regular zoning enforcement process which requires
that two letters be sent and the petitioner be summoned to court. The zoning
compliance process will be implemented, however, in case the petitioner fails to comply
within 30 days.
Supervisor Wray questioned if the light structures will be replaced or
whether the existing poles will be cut to lower the height. Ms. Scheid stated that Balzer
and Associates had indicated to the Planning Commission and staff that they could
conceivably cut the poles.
Supervisor Flora requested that Ms. Scheid provide the Board with an
update on this matter at the March 23 meeting.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
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211
Supervisor McNamara: (1) He extended condolences to the family of Lee
Eddy, former Roanoke County Board Member, who passed away recently. He noted
that Mr. Eddy had made significant contributions to Roanoke County and that in addition
to serving on the Board, he also served on numerous committees including the Clean
Valley Council and Greenways Commission. He stated that Mr. Eddy will be missed.
Supervisor Wray: (1) He extended sympathy to the family of Lee Eddy
and Mildred Scott, an employee in the Treasurer’s Office, whose son passed away
recently. (2) He extended appreciation to the Registrar’s Office for a smooth transition
in the implementation of the new electronic voting equipment. (3) He advised that
Clearbrook Elementary School PTA will be hosting a silent and live auction and dinner
on March 12. The dinner will be from 5:30 – 6:30, silent auction from 6:00 – 7:00, and
live auction at 7:00. Dinner reservations can be made by calling the school. (4) He
wished the following businesses, which recently held ribbon cutting ceremonies,
success in their operations: Huntington Learning Center, The Shoe Doctor, and
Martin’s German Auto.
Supervisor Church: He advised that he received a communication from a
citizen commending Mr. Hodge for his assistance in resolving a problem at Catawba
Hospital. He stated that Mr. Hodge was praised for his quick, decisive, and pleasant
response to this issue.
February 24, 2004
212
IN RE: ADJOURNMENT
Chairman Flora adjourned the meeting at 9:20 p.m.
Submitted by: Approved by:
________________________ ________________________
Diane S. Childers Richard C. Flora
Clerk to the Board Chairman
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