HomeMy WebLinkAbout1/27/2017 - Regular
January 24, 2017
19
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the second Tuesday and the second
regularly scheduled meeting of the month of January 2017. Audio and video recordings
of this meeting will be held on file for a minimum of five (5) years in the office of the
Clerk to the Board of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order an invocation was given by Pastor
George Anderson of Second Presbyterian Church. The Pledge of Allegiance was
recited by all present.
IN RE: CALL TO ORDER
Chairman Peters called the meeting to order at 3:03 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman Joseph P. McNamara,Supervisors George G.
Assaid, Al Bedrosian, Martha B. Hooker and P. Jason Peters
MEMBERS ABSENT:
None
STAFF PRESENT:
Thomas C. Gates, County Administrator; Daniel R.
O’Donnell, Assistant County Administrator; Richard
Caywood, Assistant County Administrator; Ruth Ellen
Kuhnel, County Attorney; Amy Whittaker, Public Information
Officer and Deborah C. Jacks, Chief Deputy Clerk to the
Board
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Thomas Gates, County Administrator added a New Business items as
item E.2 Resolution urging the General Assembly and Governor to reaffirm their
commitment to expansion of high speed quality internet service to all regions of the
Commonwealth of Virginia to ensure a stronger and more stable economy and quality of
January 24, 2017
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life by opposing HB 2108 or any other effort to undermine the creation, development,
and expansion of regional or municipal broadband authorities created under the Virginia
wireless services act or other sections of the Code of Virginia. All Supervisors were in
agreement.
IN RE: BRIEFINGS
1. Briefing to discuss with the Board of Supervisors the County
Administrator's Proposed Fiscal Year 2018 - 2027 Capital
Improvement Program (CIP) (Thomas C. Gates, County
Administrator; Christopher Bever, Director, Management and
Budget)
Briefing was provided by Mr. Gates and Mr. Bever.
Supervisor Peters inquired whether the heart monitors include grants with
Mr. Bever responding in the affirmative. Next, Supervisor Peters inquired about the
lighting replacements for the jail with Mr. Bever responding they have been on the CIP
for years and Sheriff Orange had brought forward again this year advising they could be
done incrementally and also use capital maintenance funds.
Chairman McNamara inquired about the borrowing and Stormwater
Management fees. Mr. Gates responded that with regard to Stormwater Management
Fees, the budgeted amount is $1.3 million and it is staff’s opinion that is sufficient;
believes there will be more regulations from the State. He added that we have been
able to handle with the resources that we have. He advised staff would come back to
the Board if unable to. He is not recommending any increase for this budget.
Supervisor Bedrosian referenced page 8, prior to this year this number
was $43 million and we bumped it up. Mr. Bever responded in the affirmative.
Supervisor Bedrosian then stated the other number instead of 176 is 156, with Mr.
Bever responding in the affirmative. Supervisor Bedrosian stated so the numbers prior
to this year that was 199, projected for the CIP and now it is 223 because of something,
needs clarification.
Mr. Bever responded that last year in the ten-year plan, we had laid out
$43.7 million in projects; all part of the $157 million. So, you don’t add those together.
Fiscal 2018 is the first year on the pie chart. So, over the ten-year plan, the $157 to
$176 million, the difference is primarily Cave Spring High School, cost went up;
infrastructure funding for Explore Park and then moving $8 million over the ten-year
plan from the Comm It fund, where it was funded before, and moving that into the
capital improvement program, which is primarily the difference between the two
numbers.
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Supervisor Bedrosian inquired when you move the $8 million out of Comm
It, their’s goes down by $8 million. Mr. Bever stated it is just a way of showing the
funding. In fact it might stay the same and show as a transfer from the capital fund. It is
a net.
Mr. Bedrosian then asked regarding page 21, where we get into the
proposed bonds, so when we look at the next ten years, and we divvy it up and
basically it is $25.1 plus $80. Mr. Gates stated it is $105.1 million in total bond funding
over ten years. Mr. Bedrosian stated it seems like a small number, but it is all front
loaded, 30% is front-loaded for 2018. So, when looking at this number and the fact that
it is a little over $10 million a year, which if you did raw math and took that $105 and
divided by ten, would be true. Supervisor McNamara stated divide by 11, because you
have last years too. Mr. Bedrosian stated isn’t 2018-to 2017 ten? Mr. Bever responded
staff has $30.4 million proposed in fiscal year 2018 of the total $105, which is a little
over 30%. Mr. Bever reiterated it is a ten-year plan.
Supervisor Bedrosian then stated he is saying this more for the people of
Roanoke than staff here. Every year, we always do the same thing, we show a ten-year
projection, which always looks very attractive and a minimal amount of $10 million a
year, but the reality is that 30% of that is going to be spent in 2018. When we get to the
same time next year, we will be looking at the same thing, but a chunk will be spent in
2019. He brought this up last year, we are looking way out and in fairness is because
we have not gotten there yet, so we don’t really know the money that we are going to be
borrowing. Right now, we are looking at borrowing $30.4 million in 2018. Supervisor
Bedrosian then asked if he was correct, with Mr. Gates responding that is what staff is
recommending and in the two years we just went through there was no borrowing
money at all, which we all touted was a great success, we now are borrowing all of that
back, basically and added another $400,000 to that.
Supervisor Bedorians added this is the point he is trying to make. We did
not borrow $10 million for 2016, 2017, but now we are borrowing $30.4 million. Just so
that everybody understands that we did not save, we are borrowing all that back plus
more.
Supervisor Bedrosian stated we keep bringing up the Hollins Library. He
may not be the Supervisor next year and that is fine and he is glad it has been pushed
off to 2019 and that will be the decision really of the Supervisor at that time. When was
the Hollins Library built? Mr. Gates advised in 1971, expanded and remodeled in 1993.
Supervisor Bedrosian asked if they knew at what cost, with Mr. Bever responding
negatively and advised they could find out. Mr. Bever advised this project was not
proposed until 2016-2017. Supervisor Bedrosian stated he always sees it come up and
he never asks for it so there are other forces working on bringing that up. This is a
great system because there could be a new supervisor in Hollins that wants it. He
would not consider it a high priority.
January 24, 2017
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Supervisor McNamara stated he would like to point out the nice thing
about the capital improvement plan is first of all, there is a fairly high percentage of
cash. So, he does think it is fiscally responsible. When you look at a $10 million annual
borrowing that we did not do for two years; part of the reason it is bigger now is because
the schools did not give up their year and just delayed it so they would have enough
money built up in order to do a major project and he thinks if we look at it that way, we
actually did cut one $10 million borrowing and we are sitting at about 4 to 4.9 less than
$10 million in a year in the ten years going forward. He thinks when we set this up, the
logic was it was 2.5% of what our capital assets were and you have to replace capital
assets and we have a funding source and our surrounding localities do not have a built-
in funding source. Staff has done well and a very nice job of laying it out for us. Does
not feel we will approve everything as it is laid out, but is a very, very good start.
Supervisor Bedrosian asked with regard to the graph on page 24, when it
shows the outstanding debt per capita, in 2018 it shows it going up because we are
borrowing the $30.4 million, why in 2019 does the trajectory continue up. He knows
there is an amount for 2018, but is it not included in 2019-2027 altogether. Mr. Bever
stated it includes the borrowing in fiscal 2019. It is the Public Service Center, which is
$11.5 million and then another $8 million for the schools to finish the Cave Spring
funding, so that is additional borrowing and we factored that in. Supervisor Bedrosian
then asked between 2018 and 2019, which are solid years, how much are we
borrowing. Mr. Bever stated the County portion is $8.7 plus $12.3 so that is $21, (slide
21) and the schools is $21.7 million and in $8.3 in 2019 for Cave Spring High School, so
that is $30 million and $51 million total. Mr. Bedrosian then stated out of the ten-year
plan, of $100 million, we are projecting about half to be spent in the first two years of the
ten-year plan.
IN RE: NEW BUSINESS
1. Resolution urging Congressional action on the Marketplace
Fairness Act or other legislation to collect and remit sales taxes
structured on a system of collection based upon the purchaser's
location (Thomas C. Gates, County Administrator)
Mr. Gates provided overview of the request for the resolution.
Chairman McNamara allowed the following speaker on this issue.
January 24, 2017
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Joyce Waugh stated she is the President of the Roanoke Regional
Chamber and is in support of this measure. The Chamber has long supported it. E-
Fairness asks the remote servers to collect and remit sales tax from consumer
purchasers the same way the brick and mortar stores every day and for many years our
local businesses have been at a competitive disadvantage and some have had to cut
back or even close their doors. This would simply level the playing field because we are
required by Virginia law to submit that tax at the end of every year. The only person she
knows, because he has told her so, who does this on a regular basis is Congressman
Griffith. It is just something that is not an easy thing to do because you have to collect
and keep those receipts. There are actually penalties and other things involved for not
doing that. We would probably all be liable should this be regularly enforced. This
would level the playing field, make it so much better for all of us and especially the local
retailers and businesses that could do this quite easily now with the technology that is in
place. So, it is an opportunity for everyone to win; the Roanoke Valley, Virginia and the
United States.
Supervisor Bedrosian stated he was reviewing because he did not support
this the last time. The resolution in the packet is incorrect. Does it need to be
corrected? Chairman McNamara stated it has been corrected and there is a corrected
version. Ms. Jacks advised staff went back to the recording and verified it was a 5-0
vote and the minutes have now been corrected with a corrected version with each
Board Member.
Supervisor McNamara commented that it is fair, everybody should pay the
same amount. It passed the Senate 98 to 0 and it has never been heard in the House.
He understands there are folks in the House with power who want something a little bit
different. He is more than open to something a little bit different, but we have to do
something in his opinion.
Supervisor Bedrosian stated he remembers when this was brought up
back two years ago. We had a couple of individuals talk and all the individuals had the
same response, they were all for. Today, we have had one speaker. He would just
love when we do these things for us to have a little discussion where we have both
sides. He knows there are people on the other side of this. He would love to hear the
other side and have a discussion. Just because Roanoke City does it does not mean
we have to do it. He is sure there is another side and we never seem to listen to that
other side. We did the same thing with Broadband.
Supervisor McNamara noted we are currently paying a slightly higher tax
on gasoline in the Commonwealth of Virginia as a result of not having the marketplace
fairness act. Right, wrong or indifferent, our gas tax was set up with the marketplace
fairness and without. It is two different rates because of the marketplace fairness act.
You could look at it as a tax cut for the hardworking people of Virginia.
January 24, 2017
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Supervisor Bedrosian stated he thinks that is an unfair statement. The
State legislature basically said that if Congress did not pass it they were going to raise
the taxes. It is not because of the marketplace fairness. If you give an ultimatum and
Congress does not do anything, Virginia could have done whatever it wanted to do on
that and the fact they put this ultimatum out there not knowing full well Congress would
not act on it and they raised taxes. He thinks it is unfair to say that our taxes are higher
because of this.
RESOLUTION 012417-1 URGING CONGRESSIONAL ACTION
TO ACT ON THE MARKETPLACE FAIRNESS ACT OR OTHER
LEGISLATION TO COLLECT AND REMIT SALES TAXES
STRUCTURED ON A SYSTEM OF COLLECTION BASED UPON
THE PURCHASER’S LOCATION
WHEREAS, Roanoke County urges the United States Congress to enact
legislation that will enable State and Local governments to collect revenue due to local
government that are essential to the expansion of our local and regional economy,
creation of thousands of new jobs, enhancement of the quality of life within our
communities and preservation of limited State and Local revenue sources; and local
retailers have been hurt in recent years by online and catalog purchases by customers
who believe they get a discount by not paying sales tax; and
WHEREAS, many State and Local governments rely on the collection of sales
and use taxes to support funding to improve needed infrastructure improvements,
strengthen local small businesses, create jobs for their citizens, and fund essential
services; and
WHEREAS, local small businesses confront expanded competition from the
explosion of Internet sales by remote sellers who are unwilling to collect and remit
properly assessed sales taxes to State and Local governments; and
WHEREAS, national studies reveal that State and Local governments lose
approximately $30 billion each year from uncollected sales taxes from transactions
involving remote Internet retailers; and
WHEREAS, local businesses estimate that the City of Roanoke has lost millions
of uncollected sales and use taxes from remote online sales; and
WHEREAS, State and Local associations, including the Government Finance
Officers Association, the National League of Cities, the National Association of
Counties, the United States Conference of Mayors, and the National Governors
Association, along with partners in the retail community, worked together for years to
develop a fair and easy system to collect and remit these sales taxes structured on a
system of collection based on the purchaser’s location; and
WHEREAS, through this collaborative effort, we believe that an effective and
efficient response in eliminating the competitive disadvantage faced by our local small
business retailers appeared in 2013 when the Marketplace Fairness Act passed in the
January 24, 2017
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United States Senate through a bi-partisan effort and would have established a fair
system for the collection of existing taxes owed to State and Local government, and
address the pressing need to level the playing field among remote Internet sellers and
local “bricks and mortar” retailers; and
WHEREAS, following the passage of the Marketplace Fairness Act by the United
States Senate in 2013, the United States House of Representatives did not vote on the
Marketplace Fairness Act or any alternative to address this critical economic
development issue, and this inaction by the House of Representatives caused the
United States Senate to reintroduce the Marketplace Fairness Act in 2015; and
WHEREAS, the continued inability of Congress to reach a consensus has
resulted in an increase in the Virginia state sales tax from 5.0% to 5.3% and has placed
significant and challenging limitations on localities; and
WHEREAS, 2017 is now the opportunity for the 115th Congress to demonstrate
real political courage and break this unwarranted and unjustified stalemate by moving
the Marketplace Fairness Act or other legislation to collect and remit sales taxes
structured on a system of collection based on the purchaser’s location through the
United States Senate and United States House of Representatives during its 2017
session in order to protect localities and level the playing field between local retailers
and remote Internet sellers.
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County that:
1. The Board of Supervisors urges Senate Majority Leader Mitch McConnell,
Senator Mark Warner, Senator Tim Kaine, and all United States Senators to reintroduce
the Marketplace Fairness Act into the United States Senate during its 2017 session.
2. The Board of Supervisors urges Speaker Paul Ryan, Chairman Bob
Goodlatte, and all Members of the House of Representatives to act on the Marketplace
Fairness Act or other legislation to collect and remit sales taxes structured on a system
of collection based upon the purchaser’s location in the House Judiciary Committee.
3. The Board of Supervisors urges the United States Senate and the United
States House of Representatives to hold votes to pass the Marketplace Fairness Act
or other legislation to collect and remit sales taxes structured on a system of collection
based upon the purchaser’s location during the 2017 session and send the clear and
unequivocal message to States and Localities that the United States Congress supports
small business women and men who create jobs, produce revenues to support
essential infrastructure improvements, and create a stronger and more resilient
economy for the benefit of all Americans.
4. The Board of Supervisors directs the County Clerk to provide attested
copies of this resolution to The Honorable Paul Ryan, Speaker of the United States
House of Representatives, The Honorable Bob Goodlatte, Chairman of the House
Judiciary Committee, The Honorable Mitch McConnell, Senate Majority Leader of the
United States Senate, The Honorable Mark Warner, United States Senator, and The
Honorable Tim Kaine, United States Senator.
January 24, 2017
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On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: Supervisor Bedrosian
2 Resolution urging the General Assembly and Governor to reaffirm
.
their commitment to expansion of high speed quality internet
service to all regions of the Commonwealth of Virginia to ensure a
stronger and more stable economy and quality of life by opposing
HB 2108 or any other effort to undermine the creation,
development, and expansion of regional or municipal broadband
authorities created under the Virginia wireless services act or
other sections of the Code of Virginia (Thomas C. Gates, County
Administrator)
Mr. Gates outlined the request for the resolution.
Chairman McNamara allowed the following speaker on this issue.
Joyce Waugh stated the Roanoke Regional Chamber opposes Delegate
Byron’s bill. It is very well intended. Everyone wants tax dollars to be spent wisely.
The business community pushed for great access, cost effective and higher speeds and
partnered with local government to form the Roanoke Valley Broadband Authority. The
Authority is open access; private providers can also hook in and use it. Delegate
Byron’s bill would basically limit the Authority’s ability to expand and had it been in place
earlier would likely have prevented its creation. It is our business as a Chamber to work
with our members to help them grow. Some situations are not as clear as outlined in
this bill and while very well intended it could have serious negative consequences.
Thank you on behalf of the Chamber for taking the initiative today to oppose this bill.
Supervisor Bedrosian stated it is no secret that he opposed the County
using taxpayer dollars because we had this area covered by our current providers and
what we did in Roanoke County did not go to unserved areas. The bill talks about that a
lot, unserved areas is fine. We have gone right side by side with areas that are already
served and that concerns him because we are doing it with taxpayer dollars. We talk
about economic development all the time, well, there are some providers that he thinks
we are hurting by us getting into the business subsidized by taxpayers. The other thing
that he has brought up before, which is the reason that we should have a whole lot
more scrutiny, is that the Roanoke Valley Broadband Authority is very secretive.
Nothing is transparent. We cannot find out how taxpayer dollars are being used. What
they are offering to get the business and he thinks that puts our current providers in a
very difficult situation. He constantly hear that we want to bring economic development
January 24, 2017
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to our area and we need broadband and we use it so generally, that term. He is in the
IT industry and when he looks at it he almost laughs a little bit because we say things
and we do not know what we are saying. This area in Roanoke has plenty of
broadband and has fiber and is covered by 4, 5 or 6 different providers. A lot of times,
you can look at the phone poles and when you look at the lowest lines you can see all
the providers. There are just tons of providers. In fact, they cannot put on the poles
and have to go dig in the ground and do it, but we are covered with fiber and in fact
sometimes in places where we don’t need fiber, we have other alternatives, which are
less expensive, but it seems we always go back to “government knowing best” what to
do versus the private provider. He is appreciative of Ms. Byron’s bill and fully supports it
and will vote no on this resolution.
Chairman McNamara asked for a motion before any further discussion.
Chairman McNamara stated he had a couple of quick points. Well good
intentioned, whether somebody likes the Broadband or should or should not do
broadband, is a discussion occurred a year ago. The discussion right now is should the
General Assembly be telling Roanoke County how we are going to spend our money
and our economic development. His suggestion is when the Commonwealth of Virginia
th
a year a half ago was 48 out of 50 states in gross domestic product, when we have a
State that gives 2% raises to teachers that we have to fund into our budgets in July and
then take away and give $1.3 million to a Chinese company that does not exist, he
thinks they should be concentrating on their State house and Virginia duties and let
localities run the localities as we see fit. He does not see this as a broadband
discussion, he sees it purely as the State telling the localities how they should be
spending their money as if they know better. He has a serious issue with that.
RESOLUTION 012417-2 URGING THE GENERAL ASSEMBLY
AND GOVERNOR TO REAFFIRM THEIR COMMITMENT TO
EXPANSION OF HIGH SPEED QUALITY INTERNET SERVICE
TO ALL REGIONS OF THE COMMONWEALTH OF VIRGINIA TO
ENSURE A STRONGER AND MORE STABLE ECONOMY AND
QUALITY OF LIFE BY OPPOSING HB 2108 OR ANY OTHER
EFFORT TO UNDERMINE THE CREATION, DEVELOPMENT,
AND EXPANSION OF REGIONAL OR MUNICIPAL
BROADBAND AUTHORITIES CREATED UNDER THE VIRGINIA
WIRELESS SERVICES ACT OR OTHER SECTIONS OF THE
CODE OF VIRGINIA
WHEREAS, the County of Roanoke, in partnership with Botetourt County, the
City of Roanoke, and the City of Salem created the Roanoke Valley Broadband
January 24, 2017
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Authority (RVBA) as a critical tool for encouraging high value and sustainable economic
development across the Roanoke Valley; and
WHEREAS, the mission of RVBA is to improve high-speed internet services
throughout Roanoke Valley and create collaboration and competition among institutions,
government facilities, and businesses in an around the region; and
WHEREAS, the availability of high-speed, affordable internet services is an
essential component of the technical infrastructure to attract, retain, and expand
economic opportunities for localities in Roanoke Valley and throughout the
Commonwealth; and
WHEREAS, the quality of life within Roanoke County and our region, Virginia’s
st
Blue Ridge, is enhanced with the presence of 21century industries and institutions that
rely upon quality internet services; and
WHEREAS, Roanoke County’s economic future is threatened by legislation that
seeks to create unnecessary regulatory barriers to the growth of regional broadband
authorities; and
WHEREAS, legislation such as HB 2108, if enacted, will diminish competition in
the marketplace, reduce private sector incentive to expand high-speed quality and
affordable internet services to all areas of our region, limit price competitiveness for
consumers, and hamper the ability of our region to compete with localities throughout
the Country; and
WHEREAS, the Roanoke County Board of Supervisors desires to send a strong
and unequivocal message to the General Assembly and the Governor that legislation
such as HB 2108 is detrimental to economic growth and development.
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County, Virginia that:
1. Roanoke County reaffirms its support for the mission of RVBA and the
opportunities that a fully developed regional broadband authority will provide the County
and our region and opposes enactment of HB 2108 or any other legislative initiative to
impose regulatory barriers that will impede the creation, development, expansion, or
sustainability of RVBA or other regional broadband authorities.
2. Roanoke County urges the General Assembly and the Governor to
oppose enactment of HB 2108, as presently drafted or as may be amended, and
reaffirm their commitment to all localities in developing cooperative regional
opportunities for economic growth, job creation, and enhancement of the quality of life
for all Virginians.
3. A copy of this resolution be provided to The Honorable Terence R.
McAuliffe, Governor of the Commonwealth of Virginia, The Honorable William J. Howell,
Speaker of the House of Delegates of Virginia, The Honorable Ralph S. Northam,
Lieutenant Governor and Presiding Officer of the Senate of Virginia, and all Delegates
and Senators within the legislative delegation of Roanoke County and our region.
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Assaid and carried by the following recorded vote:
January 24, 2017
29
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: Supervisor Bedrosian
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the granting of permanent drainage and
traffic easements and temporary construction drainage
easements on property owned by the County of Roanoke at 305
East Main Street, Salem, Virginia to the Commonwealth of Virginia
for a road improvement project on U.S. Route 11/460, East Main
Street in Salem, Virginia (Rob Light. Director of General Services)
Mr. Light outlined the request for the ordinance. There was no discussion.
Supervisor Peters’ motion to approve the first reading and set the second
reading for February 14, 2017, was seconded by Supervisor Hooker and approved by
the following vote:
AYES: Supervisor Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1Ordinance accepting and appropriating funds in the amount of
.
$921,970 for the Plantation Road Bicycle, Pedestrian and
Streetscape Improvement Project (Richard Caywood, Assistant
County Administrator)
Mr. Caywood advised there were no changes since first reading.
Supervisor Bedrosian stated we had discussed this before and just so
people will understand exactly what the project is. Can you clarify all the different things
going on for Planatation Road from Williamson up to the McDonalds. Mr. Caywood
explained this has been in the plans for six to eight years and this is going to provide a
shared use path along the west side of Plantation from Williamson to Waldron, curb and
gutter, streetscape improvements. There will be utility relocations involved. This
location is one of the densest in employment. We have heard from employers that their
employees want to be able to walk places and currently is not safe to do so. There is
also a separate VDOT project to put a signal in at Lila Drive. We have also made
application for the next phase of this project with VDOT through the Smartscale
application. Water and sewer lines will be relocated and want bigger pipes, which they
will have to pay the difference.
January 24, 2017
30
Supervisor Bedrosian then asked about the Broadband Authority, he
understands that they will be putting fiber in with Mr. Caywood advising it would go up
Plantation to the Water Authority. This is separate from this project and will be
occurring just before this project starts.
Supervisor Bedrosian stated he is very concerned that they are putting
fiber up Plantation Road just for the Water Treatment Center. There was no further
discussion.
ORDINANCE 012417-3 ACCEPTING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $921,970 FOR PLANTATION
ROAD BICYCLE, PEDESTRIAN AND STREETSCAPE
IMPROVEMENT PROJECT
WHEREAS, the Roanoke Valley Transportation Planning Organization (RVTPO)
developed the Fiscal Year 2017-2022 Regional Surface Transportation Plan (RSTP)
Six-Year Financial Plan. The Fiscal Year 2017-2022 plan included additional funds that
were not originally programmed in the current financial plan, but could be used to
accelerate current projects, or fund deficits; and
WHEREAS, in reviewing the construction bid estimates for the Plantation Road
Project, the available funds were approximately $380,000 short of the required amount.
An additional $400,000 was requested and added to the project; and
WHEREAS, on August 25, 2016, the RVTPO endorsed the Fiscal Year 2017-
2022 RSTP Six-Year Financial Plan. The plan included an additional $400,000 for the
Plantation Road Project with the allocation of the additional $400,000 being scheduled
for fiscal year 2017 to be accepted and appropriated by Roanoke County; and
WHEREAS, funds in the amount of $317,318 from the Virginia Department of
Transportation (VDOT) Revenue Sharing Program have been identified from two
cancelled projects (Sugar Loaf Mountain Road guardrail project and Fort Lewis Church
Road drainage project) to be used in the Plantation Road Project, to be accepted and
appropriated; and
WHEREAS, the County is participating in the improvement of a section of
highway designated as Plantation Road, Bicycle, Pedestrian and Streetscape
Improvements Project, which will necessitate changes to the Authority’s water and
sewer facilities. The estimated cost is $204,652 and the Authority will reimburse the
County for cost incurred for this facility betterment and such funds to be accepted and
appropriated by Roanoke County; and
WHEREAS, the total of the above referenced funds equal $921,970; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on January 10, 2017 and the
second reading was held on January 24, 2017.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
January 24, 2017
31
1. That the sum of $400,000 is accepted and appropriated from the Regional
Surface Transportation Program for the purpose of completing the
Plantation Road Bicycle, Pedestrian and Streetscape Improvement
Project.
2. That the sum of $317,318 is accepted and appropriated from the Virginia
Department of Transportation (VDOT) Revenue Sharing Program for the
purpose of completing the Plantation Road Bicycle, Pedestrian and
Streetscape Improvement Project.
3. That the sum of $204,652 is accepted and appropriated from the Western
Virginia Water Authority for the costs of water and sewer facility
betterment which costs are required by the improvements of the Plantation
Road Bicycle, Pedestrian and Streetscape Improvement Project.
4. That this ordinance shall take effect upon its adoption.
On motion of Supervisor Bedrosian to adopt the ordinance, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
1. Ordinance to accept and appropriate $29,680 from Franklin
County for the reimbursement for logging recorder services and
site use at Crowell’s Gap (Bill Hunter, Director of
Communications and Information Technology)
Mr. Hunter advised there were no changes from first reading. There was
no discussion.
ORDINANCE 012417-4 TO ACCEPT AND APPROPRIATE
$29,680 FROM FRANKLIN COUNTY FOR THE
REIMBURSEMENT FOR LOGGING RECORDER SERVICES
AND SITE USE AT CROWELL’S GAP
WHEREAS, in May of 2015, The Board of Supervisors approved the
Intergovernmental Agreement for Franklin County to join the City and County of
Roanoke radio system. As part of this agreement, Franklin County will need access to
the County owned radio site located at Crowell’s Gap; and
WHEREAS, the access will allow Franklin County an entry point to the radio
system prime site, use of a microwave backbone and use of the tower facilities as a
transceiver site for their radio system; and
WHEREAS, Franklin County has also requested the services of our logging
recorder for their new radio system; and
January 24, 2017
32
WHEREAS, connecting these two systems will have many benefits, one of which
will be interoperability between the municipalities; and
WHEREAS, the system addition will expand regional radio coverage from 260
square miles to an estimated 950 square mile area. This will allow each locality
seamless uninterrupted communications within both radio system areas; and
WHEREAS, Franklin County annually reimburses expenses associated with this
access to Roanoke County, which in this cycle is the sum of $29,680; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on January 10, 2017, and the
second reading was held on January 24, 2017.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $29,680 is hereby appropriated to Communications and
Information Technology from Franklin County annually for the reimbursement of
expenses associated with site access, logging recorder services, and use of the
microwave system.
2. That this ordinance shall take effect upon its adoption.
On motion of Supervisor McNamara to adopt the ordinance, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 012417-5 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for January
24, 2017, designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 3 inclusive, as follows:
1.
Request to accept and allocate funds in the amount of $14,039.07 to the Clerk of
the Circuit Court from the Commonwealth of Virginia for fiscal year 2016/2017
2.
Request to accept and appropriate funds in the amount of $2,000 for the Public
Safety Answering Points (PSAP) Educational Grant Program
3. Resolution requesting acceptance of a portion of Ivyland Road into the
January 24, 2017
33
Virginia Department of Transportation Secondary System of Highways, Vinton
Magisterial District
On motion of Supervisor McNamara to adopt the ordinance, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
A-012417-5.a
A-012417-5.b
RESOLUTION 012417-5.c REQUESTING ACCEPTANCE OF A
PORTION OF IVYLAND ROAD, VINTON MAGISTERIAL
DISTRICT, INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
WHEREAS, the street described below currently serves at least three families
and was established prior to July 1, 1992, at which time it was used by motor vehicles
as a public access; and
WHEREAS, the County has determined its subdivision ordinance satisfies
subsection B of §33.2-335, Code of Virginia, and is therefore eligible to make qualifying
additions to the secondary system of state highways maintained by the Virginia
Department of Transportation and fund necessary improvements as set out therein,
except as otherwise prohibited by subsection B of §33.2-336, Code of Virginia; and
WHEREAS, after examining the ownership of all property abutting this street,
including the deeds and related plats, this Board finds no restriction on the use of public
funds for improving of the road; and
WHEREAS, after examining the ownership of all property abutting this street, this
Board finds that speculative interest does not exist; and
WHEREAS, this Board has identified immediately available funding to make
improvements required to qualify the street for addition to the aforesaid secondary
system of state highways, based on the Department's cost estimate of $ 213,645.
NOW, THEREFORE, BE IT RESOLVED, pursuant to §33.2-335, Code of
Virginia, this Board requests the following street be added to the secondary system of
state highways maintained by the Virginia Department of Transportation and hereby
guarantees the right-of-way of the street to be clear, unencumbered and unrestricted,
which right of way guarantee shall including any necessary easements required for cuts,
fills, and drainage:
January 24, 2017
34
Name of
Subdivision: Map of O.C. AND LUCY HUFFMAN
Name of
IVYLAND ROAD
Street:
From: 0.30 Mile from intersection of Rutrough Road, Rte. 618
To: Proposed cul-de-sac Length: 0.2060 miles
Guaranteed
Right-of-Way
40 feet + (R/W Width Varies)
Width:
_________________________________________________________
___________ or
Right of Way
Instrument Instrument #: 201612674 - 201612689 (16 Deeds Total) and
Reference 200916239 (1 Deed Total).
and Dates Recorded: 12/22/2016 and 12/8/2009
BE IT FURTHER RESOLVED, this Board requests the Virginia Department of
Transportation to improve said street to the prescribed minimum standards, funding said
improvements with the following funds;
Source of Funds Amount
VDOT / Roanoke County Revenue Sharing Program Funds $ 213,645
BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of
receiving an invoice, all costs that the Virginia Department of Transportation incurs to
relocate existing utilities within the right of way that are discovered during the course of
and in conflict with the construction, drawing such funds from resources other than
those administered by the Department; and
BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of
receiving an invoice, all costs that the Virginia Department of Transportation incurs in
the construction of necessary improvements to the road that are over and above the
estimated cost of improvements or to otherwise identify an eligible source of funds
administered by the Department to cover such costs; and
BE IT FINALLY RESOLVED, that a certified copy of this resolution and a County
check in the amount of $__0__, be forwarded to the Residency Administrator of the
Virginia Department of Transportation.
January 24, 2017
35
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
N RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Outstanding Debt
IN RE: WORK SESSIONS (NOTE: THERE IS NO AUDIO OF THE WORK
SESSIONS DUE TO A DISC ERROR)
1.Work session to review with the Board of Supervisors fiscal year
2016-2017 mid-year revenues and expenditures(Rebecca Owens,
Director of Finance; Christopher Bever, Director of Management
and Budget)
Mr. Gates provided an introduction and Mr. Bever provided a PowerPoint
presentation.
Supervisor Peters asked when South Peak agreement would end with Mr.
Bever advised it was started in 2013 so will end in 2043. Mr. Gates advised the hotel is
not fully functional.
Supervisor McNamara inquired about the adoption program with Joyce
Earl, Director of Social Services responding they expect to see results by the end of this
year.
Work session was held from 4:34 pm until 4:50 pm.
2.Work session to review with the Board of Supervisors County of
Roanoke financial policies(Rebecca Owens, Director of Finance;
Christopher Bever, Director of Management and Budget)
January 24, 2017
36
Mr. Gates provided a brief introduction and Ms. Owens detailed the
PowerPoint presentation with Mr. Bever outlining the budget items in the presentation.
Supervisor McNamara stated if you hire someone you should budget for a
whole year, then put an extra into capital. Also asked about quantifying the definition for
the ten-year CIP. Mr. Gates advised he strongly disagreed.
Supervisor Bedrosian asked to be provided the debt we have had each
year from 2010 to 2019; a snapshot in time.
Supervisor Bedrosian called attention to what he terms “silent debt” for
example the Authorities debt. Mr. Gates responded in every case those Authorities
have representation by Roanoke County and have the same policies, etc.
Ms. Owens then reviewed the reserve policies.
The work session was held from 4:51 p.m. until 6:00 p.m.
The meeting then recessed until the 7:00 p.m. session.
Chairman McNamara called the meeting back into session at 7:02 pm. All
Supervisors were in attendance.
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. The petition of Property Catalyst Group to obtain a Special Use
Permit in an I-1, Low Intensity Industrial District for the
construction of a mini-warehouse facility on approximately 3.97
acres located at the intersection of Plantation Road and Hitech
Road, Hollins Magisterial District(Philip Thompson, Deputy
Director of Planning)
Mr. Thompson provided the overview of the petition. Petitioner Joe
Thompson spoke on the project.
Chairman McNamara opened and closed the public hearing with no
citizens to speak on this petition. There was no discussion.
ORDINANCE 012417-6 GRANTING A SPECIAL USE PERMIT
FOR THE CONSTRUCTION OF A MINI-WAREHOUSE FACILITY
ON A 3.97 ACRE PARCEL LOCATED AT THE INTERSECTION
OF PLANTATION ROAD AND HITECH ROAD, IN THE HOLLINS
MAGISTERIAL DISTRICT (TAX MAP NO. 027.10-09-06.00-0000)
WHEREAS, the first reading of this ordinance was held on December 19, 2016,
and the second reading and public hearing were held on January 24, 2017; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on January 3, 2017; and
January 24, 2017
37
WHEREAS, the Planning Commission recommends approval of the petition with
conditions; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to allow the
construction of a mini-warehouse facility on a 3.97 acre parcel located at 0
Plantation Rd. (Tax Map No. 027.10-09-06.00-0000), in the Hollins
Magisterial District, is substantially in accord with the adopted 2005
Community Plan, as amended, pursuant to the provisions of Section 15.2-
2232 of the 1950 Code of Virginia, as amended, and that it shall have a
minimum adverse impact on the surrounding neighborhood or community,
and the said special use permit is hereby approved with the following
conditions:
a. The site shall be developed in general conformance with the concept
plan titled “Plantation Storage Master Plan prepared by Balzer and
Associates, Inc.” dated November 23, 2016, revised December 8,
2016, and January 4, 2017, subject to special use permit conditions
and those changes which may be required by Roanoke County during
the site plan review process.
b. The building shall be developed in general conformance to the
architectural renderings titled “Plantation Storage prepared by Jones &
Jones Associates Architects PC” dated December 8, 2016. The
proposed conceptual left side elevation shall generally match the right
side elevation.
c. Freestanding light poles, including fixture, shall not be more than 25
feet above grade. All exterior lights shall be down-lit or shielded so as
not to direct glare onto adjoining streets or residential properties.
d. A vehicular entrance shall be prohibited on the property along
Plantation Road.
e. Freestanding signage shall be limited to one (1) monument sign in
substantial conformance with the sign detail prepared by Jones &
Jones Associates Architects PC dated December 8, 2016. Digital and
LED faces are prohibited. The monument sign shall only be lit from the
ground and not cause glare onto adjacent roads or properties. No neon
signage shall be allowed on the property.
f. A 10-foot planting strip shall be installed on the property along the
Hitech Road right-of-way. The planting strip shall meet the
requirements of Section 30-92-6(B)2 of the Code of Roanoke County.
The outdoor storage areas shall be screened by a 10-foot landscaped
January 24, 2017
38
area consisting of large evergreen trees in accordance with Section
30-92 of the Code of Roanoke County.
g. The dumpster enclosure will be constructed with masonry materials
that match those used on the building façade.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or part of ordinances in conflict with the
provisions of this ordinance shall 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 Bedrosian to adopt the ordinance, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
2.The petition of Henry L. Bennett, IV to rezone approximately 0.67
acre from AR (Agricultural/Residential) District to AV
(Agricultural/Village Center) District, located at 10102 Bent
Mountain Road, Windsor Hills Magisterial District (Philip
Thompson, Deputy Director of Planning)
Mr. Thompson provided an overview. The petitioner Henry L. Bennett, IV
also spoke.
Chairman McNamara opened and closed the public hearing with the
following citizen to speak.
William R. “Bob” Graham of 10072 Bent Mountain Road stated his only
concerns are water rights. There is a stream that runs through there and is not sure
there is a septic and water on the property that would adequately do a beauty salon.
Our biggest concern as neighbors is just the fact that it is a public area and it has not
been opened since the 1990’s. It is in disrepair and traffic concerns on that curve. He
trust the family that has owned that thing for quite a long time, but he does need
Roanoke County to be diligent especially with water and sewer.
Mr. Thompson advised there is an existing well and septic on site.
Obviously it will need to be in accordance with the Health Department regulations.
Obviously with any parking or runoff, that will have to be dealt with stormwater
management, federal regulations. We would review that when we review the site plan.
There was no discussion.
January 24, 2017
39
ORDINANCE 012516-7 REZONING APPROXIMATELY 0.67
ACRE FROM AR (AGRICULTURAL/ RESIDENTIAL) DISTRICT
TO AV (AGRICULTURAL/ VILLAGE CENTER) DISTRICT ON
PROPERTY LOCATED AT 10102 BENT MOUNTAIN ROAD,
WINDSOR HILLS MAGISTERIAL DISTRICT (TAX MAP NO.
111.00-02-44.00-0000)
WHEREAS, the first reading of this ordinance was held on December 19, 2016,
and the second reading and public hearing were held on January 24, 2017; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on January 3, 2017; 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:
3. The zoning classification of a certain parcel of real estate containing
approximately 0.67 acre, as described herein, and located at 10102 Bent
Mountain Road (Tax Map No. 111.00-02-44.00-0000) in the Windsor Hills
Magisterial District is hereby changed from the zoning classification of AR
(Agricultural/ Residential) District to the zoning classification of AV
(Agricultural/ Village Center) District, with proffers.
4. The owner of this property has voluntarily proffered in writing the following
conditions which the Board of Supervisors of Roanoke County, Virginia,
hereby accepts:
A. The property will be utilized only as a financial institution, general office,
medical office, antique shop, consumer repair service, personal
improvement service, fine arts studio, veterinary hospital or clinic, or for
personal services, agricultural services or retail sales after obtaining a
special use permit.
B. Hours of operation shall be limited to 8:00 A.M. to 9:00 P.M., Sunday
through Saturday.
C. Any exterior lighting shall be shielded as to direct light downward.
D. The building exterior shall be developed in general conformity to the
submitted design rendering.
E. Freestanding signage shall not exceed six feet in height and/or thirty
square feet in size.
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or part of ordinances in conflict with the
provisions of this ordinance shall 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.
January 24, 2017
40
On motion of Supervisor McNamara to adopt the ordinance, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
3. The petition of Kimberly J. Bolden (Triple J Farm Events, LLC) to
obtain a Special Use Permit in a AG-1, Agricultural/Rural Low
Density, District and AG-3, Agricultural/Rural Preserve, District for
the operation of a special events facility on approximately 14.954
acres, located at 5198 Blacksburg Road, Catawba Magisterial
(Philip Thompson, Deputy Director of Planning)
Mr. Thompson outlined the request for the special use permit for a special
events facility.
Supervisor Hooker statedshe was looking at the potential changes to
conditions and at the first bullet. It says “Shall be developed in general conformance
with the Concept Plan dated January 23 rd so this would be this one that shows the
outlying excluding where they had the parking in the back. Mr. Thompson responded in
the affirmative.
Supervisor Hooker then asked in regard to the loud speakers it is basically
the same that the Planning Commission did just with the addition of no musical
instruments being amplified? Mr. Thompson responded in the affirmative adding that
you can only use a loud speaker or a microphone. You can’t really use any other
amplified device between that time and trying to direct where the speakers have to be
positioned because right now there is no requirement.
Supervisor Hooker asked Mr. Thompson to speak more on the field study
and the discussion about all the elements that had to be in place, how if there was a little
wind, it changed. Mr. Thompson stated when we started walking back along their fence
line back towards where they keep their cattle, you could go a pretty good distance, and
we had her turn it up pretty loud.
Supervisor Hooker asked if this distance was measured with Mr.
Thompson advising in the affirmative. He added one of the issues with the Noise
Ordinance is it plainly audible. So could you hear sound? Yes. Could you hear music
playing? Yes. Could you make out what song it was? Sometimes, but the further you
went, no. Again, as you mentioned, when we first went out, you could hear it a pretty far
distance. When we were there for a while the wind picked up and you couldn’t hear it.
He added it was wintertime and there were no leaves on the trees or whatever to help
buffer. One other thing of the conditions, when you see the Concept Plan and what is
required is to have that buffering of the use and part of that we think is having that
double row of evergreen trees that also will help with both the lighting and the sound,
help deaden the sound. When we went to the front of the barn near the road, along the
January 24, 2017
41
initial driveway you could hear it, and again it wasn’t very loud, but you could hear it, but
when you went over by where the gazebo is we had trouble hearing it, and again, part of
it was the road noise, part of it was just the wind. You also have the barn blocking some
of it from where the speaker was too. When you’re at their place you can hear traffic on
311. It is 1000 feet and you can hear traffic when it’s going back and forth. Obviously
there is traffic going on 311 at times as well. We did visit up the Equestrian Center. It
sits up on a hill. Actually when you’re on top and you’re over, you actually hear probably
311 more than you do anything else, especially at the riding ring. When they went to the
Bonos, we think the revised conditions, keeping it up front plus the buffer he feels deals
with noise pretty well.
Supervisor Hooker then asked if the music was still playing when they
visited the Equestrian Center. Mr. Thompson responded in the negative, adding they
went on a different day. They did not measure or walk it. He did go to the fence line and
you could still hear as they were in front of the driveway, which is directly in front of the
barn. You could hear, but it was not loud or objectionable.
Supervisor Bedrosian, just to clarify, the nearest house is two football fields
away, 560 yards? Mr. Thompson responded in the affirmative. Supervisor Bedrosian
then inquired when they have these events, there will be 80 to 85 people, with Mr.
Thompson responded in the affirmative. Supervisor Bedrosian asked if all the events
were supposed to be inside with Mr. Thompson responding they could have outdoor
weddings and have 150 people in their application.
Supervisor Bedrosian asked if there was only place that you could do an
outside event with Mr. Thompson responding it is his understanding is the weddings
could either be at the large gazebo or in front of the barn. If it is a smaller event, there is
a gazebo by the barn they could utilize. Supervisor Bedrosian then asked if they would
utilize any other place if they wanted to. Mr. Thompson referred to the blue area on the
map, stated that is the area they are going to be able to hold the special events and they
are designating for parking. So the weddings will generally held in either one of the two
gazebos or out in front of the barn. Supervisor Bedrosian asked if they were ever to
building anything else, would they need to come back to the Board with Mr. Thompson
responding in the affirmative for any permanent structure.
Supervisor Assaid inquired regarding the potential substitute for conditions,
this does not prevent amplified music; it only prevents amplification of musical
instruments with Mr. Thompson responding in the affirmative. Supervisor Assaid stated
what about the time with Mr. Thompson responding in the affirmative. Supervisor Assaid
then asked if there any stipulation on the number of events that could be held with Mr.
Thompson responding in the negative.
Kimberly Bolden then stated, “I live at 5198 Blacksburg Road. I am just
trying to take advantage of the Special Permit Use that you had already put into place.
There is a great need for this type of venue. In no way am I trying to disrupt anyone.
We do have a farm so we’re not going to, you know my mother is going to protect
January 24, 2017
42
animals. So they come first. I know that’s a big concern. We’ve attracted people from
all over. They’ve come from Texas, they’ve come from Florida, Danville. I mean I am
getting calls from all over so we’re definitely bringing in people from out of town that
need this type of venue. Most of the weddings are in the front. I’ve only had the ones
that I had last Fall. I had two in the front of the barn like right at the foyer of it and then I
had a large one at the big gazebo in the front field, and I had a small one down the
sidewalk. She had like 75 people and that would typically be, you know, it would have to
be a small one to have it there, but mostly are in the front. I don’t have a problem with
any of the new revisions as far as the parking. I don’t see a problem with that. As far as
the sound, I’m okay with no live bands and being amplified. I mean I’m willing to work
with you guys to make this happen.”
Supervisor Bedrosian inquired if they have an event do they still have to
come back to Roanoke County to get a permit or does this mean whatever event they
want to go as long as it fits within the parameters with Mr. Thompson responding in the
affirmative. Supervisor Bedrosian then asked is there a limit of the amount of people that
could show up with Ms. Bolden responding, “
Inside the barn I can only sit 80 people and I
have an outside wrap around porch that can have additional tables if we need them, but like he
said if they needed more, if they wanted a tent, that would be the other option.” Supervisor
Bedrosian then asked if one of the conditions regarding capacity of people with Mr. Thompson
responding in the negative stating there is probably a natural limit based on parking. Ms. Bolden
Yes, the outside, but typically 80 to 110 people has been the only ones that
responded, “
has looked at my barn. I mean I had a girl come look at my barn and she loved it, but
they had 250 people. I’m like you know, I just can’t do that. It’s just not reality.”
Supervisor Bedrosian then stated his question is maybe it is not a reality, but could it be?
Is there a parameter on these things, maybe 500 people? Ms. Bolden responded she
does have the facility for that. Mr. Thompson added if the Board wants to put a limit on
the number, as far as the event facility can handle, then a number could be put on it.
Supervisor Bedrosian responded he is just trying to look at anything that may make
someone a little hesitant; you could bring buses, you could bring vans. So, if you are
trying to keep it copy, nice type of outing and you say that the absolute limit is no more
than 200 people and that gives you a buffer because you don’t think you would ever
reach 200 and 200 it is. Mr. Thompson inquired if the Board wanted to add a condition
that says the maximum number of people per event can only be 200 people, it can be
placed on the special use permit. Mr. Bedrosian stated it was just an idea that would
ease those that oppose.
Supervisor Hooker stated, “I visited your property. I have visited it on
multiple occasions. You have a beautiful setup here. The barn is beautiful. The farm in
general is beautiful. The Catawba valley is beautiful. So I understand that this is going
to be a real popular site and I think that this is probably going to be a popular business
model going forward. I think we’ll get some more of these coming forward and we want
to make sure we do this one right and set that standard. There was some concern about
the lighting, and I know that we talked about this, but I just want to hear it from you and
January 24, 2017
43
on public record because when I visited the place, I saw rope lighting. I saw a dusk to
dawn light I think on the side of the barn. Was there any other exterior lighting that was
on poles? Ms. Bolden responded she only had rope lights on the outside of the pole and
a grapevine ball that has little miniature lights. Ms. Hooker responded that we are talking
about Christmas lights on a ball with Ms. Bolden responding in the affirmative other than
the dusk to dawn lights that have been up there for years above the roof. Ms. Hooker
then stated so there is not a lot of exterior lighting with Ms. Bolden responding it is all
soft. Ms. Hooker then stated that should not be an issue. Ms. Hooker then asked about
the number of chairs with Ms. Bolden stating she has 125 of the gold inside chevier
chairs and 125 of the white chairs for outside. Ms. Hooker stated if all the chairs were
used, there would be 125 chairs for seating outside where the ceremony would be and
maybe 125 inside the barn and onto the porch with Ms. Bolden responding in the
affirmative stating she has never had one any larger. Ms. Hooker then asked again if it
was 125 chairs. Ms. Bolden responding that is what she has and anything over that she
would have to order, but she is not looking to book anything bigger.
Supervisor Hooker stated, “I think one of the things that would make it
difficult to put a limit on the number is that that’s a hard thing to police. That’s a very
hard thing. I mean I don’t anticipate that we are going to call the county out there to
count guests, and I could understand if there were buses brought in and that that would
be pretty disturbing. I understand that point to so maybe that’s something that we can
talk about as a Board as we progress.
Supervisor Peters stated, “I guess I have mixed feelings over this. I have
met with the staff and I’ve talked with members of the Board and I’ve actually talked with
Ms. Bono, and some of the concerns that I’ve had, you know I have a similar venue like
this in my district and I did raise the concern about what would keep you from having
1000 people there because large tents could be set up in the front yard where we were
proposing parking and you have all the room in the back that cars could be parked.
While we’ve heard concerns and I think there is concern about the neighbors, I still share
the concern that maybe we should have a limit on there. I’m saying that in a capacity
more or less for your purposes so that it kind of sets the tone, if this is approved by this
Board, that you know that 125 is all that you can have and it’s easy for you to put that
number out when someone is trying to book there. I thought the parking alone would
handle that, but as I heard concern about buses, yeah, they could shuttled up there and
you could still end up with a large number that I’m not sure that I’m comfortable with.”
Ms. Bolden responded that she does not have a problem with restrictions because she
cannot handle a 200 party wedding.
Chairman McNamara then opened the public hearing with the following
citizens to speak:
Richard “Butch” Kelly stated, “I live at 8564 Gravel Hill Road in Catawba. A
few weeks ago I was asked by Mrs. Bono about the Appalachian Trail and I’m the
Appalachian Trail Conservation Supervisor with the Appalachian Trail Conservancy here
January 24, 2017
44
in the valley. I don’t see where this would affect in any way, shape, or form people hiking
on the AT. I just don’t see where it would have any affect at all because it’s like two
miles down the road from it and then a couple of miles up it crosses again on 311 and
that’s already a problem up there, but I don’t think that this would be a problem. We do
have a lot of other things that cause problems as far as traffic, but they seem to go pretty
smoothly such as Virginia Tech games about six or seven times a year, and I don’t think
this would be near the traffic problem that that would be. So I think it would probably be
a very good thing for the Catawba Valley, a great venue and I hope that you pass this.
Thank you.”
Bobbie Oyler stated, “I live at 1839 Bridle Lane Southwest Roanoke
County. I am not a speaker, but I am going to read this. “I am here tonight in support of
Triple J Farms venue and am hoping that this family can proceed with the plans to open
their farm to others who can enjoy the beauty and surroundings to hold events there, not
to mention the wonderful hospitality they will offer. Jeannie and Kim are my cousins and
are the hardest working, kindest people you would ever meet. They worked hard on that
farm by keeping it and the family cemetery in top shape and adding white fences for
their cows and the beauty of the land. Over the past 35 years we have had many family
reunions, a funeral, family dinners, bridal showers, wedding rehearsals, receptions,
Christmas parties, a Relay for Life event that brought in over $35,000 with a kickoff for
the American Cancer Society. When their children were involved in sports, at Glenvar
High School, I always heard the kids’ teams were welcomed. The teams were
welcomed there. I mention this because of these events many times we would put the
idea to them what a wonderful place this would be to open it up so others could enjoy it.
Well, that time came and last fall they started working on all the details. The family has
put their heart and soul into this. Every stone in the sidewalks, all the wood inside the
barn, every plant, tree, and shrubbery was done by the hands of this family, not to
mention the rocks and the wood all came from their brother/uncle from the farm in Giles
County. I attended the Planning Commission a few weeks ago, but I did not speak, but
I’m here tonight to ask for your support for this family. I’m sure that they will continue
their business with the guidelines of Roanoke County. What an asset to Catawba Valley,
the Glenvar community, the Roanoke and Roanoke County and all of the surrounding
counties. Please don’t put any other stress on this loving family who would never do
anything that would harm their farm or community. Thank you for letting me share my
thoughts tonight.”
Sherrill Smith stated, “I actually reside in Salem, but I also own 4905
Catawba Valley Drive, which is the old Catawba Mercantile building. Some of you know
it is sitting there vacant at this time and just about everybody in this room wants to know
when I’m going to get it open, but either way I definitely support this venue. It’s a fine
family. I think it would be a good asset to the community, bring a lot of people into
Roanoke County for the tourism and everything that we all want. It will help the county
and all the surrounding counties and cities included. Thank you.”
January 24, 2017
45
Leann Croy stated, “I live at 8560 Gravel Hill Road in Catawba. I made me
a few notes because you know getting up in front of a crowd is a little nerve wracking. I
have lived in this valley all my life, seen a lot of change, and the one thing I’ve always
taken pride in living in this valley is that everybody tells me how beautiful of a valley it is.
When they come to my house, when the ride up Blacksburg Road or Newport Road,
they talk about just how beautiful it is. I just think that when I go by the Johnson’s, I’ve
known them as the Johnson’s, but you know the Bolden’s too of course, when I go by
their place it’s the epitome of what I want people to think of for the Catawba Valley. I
mean it’s gorgeous. It’s beautiful and I’ve known that family since I was a kid and I just
can’t speak any more highly of them and I know that they would not do anything to
jeopardize the safety or compromise the serenity of our Catawba Valley. That’s
something that us as residents really do pride ourselves in and having our own privacy,
our own little community. You drive across the mountain and not a lot of people like to
venture over there, but when they do they can’t get over how pretty of an area we have.
I just think that basically as a neighbor, my family and I, I’m not worried about the traffic
that 85 to even 200 people are going to cause. I worry more about the Virginia Tech
traffic, the bicyclists since we’re on the 76 bicycle route, and you know the AT hikers that
we have on Newport Road and also walking up and down 31 to get up from down at the
store. We call it the Lower Store at Newport Road up to McAfee’s Knob. I think there’s
more things to worry about. I know there are concerns, but as far as I’m concerned as a
resident, I am not concerned over that and I know the people up in my area aren’t.
Some I’m sure are, but my family I can speak for is not and I do hope that you all support
the Johnson’s and the Boldens with this event. I think it would be a great addition to our
valley. Thank you.”
Louise S.Garman stated, “Thank you for the opportunity to
speak to you tonight. I’ve lived in Catawba a long time. I’ve fought a lot of battles for
Catawba. Some I’ve won and some I’ve lost, but let me tell you it’s worth fighting for.
It’s a great place to live and this venue we’re talking about tonight is just going to be a
beautiful thing for the valley. This is a wonderful family, a responsible family. They have
so much community pride. From the time they first moved there we have just admired
the place and I think it would be just wonderful to have a wedding there. If it were 61
years ago, I would have had my wedding there, but nonetheless I think that Kim has
demonstrated her willingness to work with you just as much as she possibly can in order
to have her business there. I know that there are, I attended the Planning Commission
meeting. I know there are some concerns and I can appreciate the feelings of those who
have those concerns. However I do feel like that it can all be worked out. I really do
believe that. I believe in Catawba Valley we have survived all the years we have by
neighbor helping neighbor, by being there for each other, and I do feel that no matter
what the disagreements are or what the situations are that we can resolve them
because I’ve seen a willingness on both parts to try to do that, and I have talked to both
parties, and I want you all to seriously consider that the pride we have in Catawba Valley
January 24, 2017
46
and I feel like that they are just adding to it. I appreciate you having us all tonight.
Thank you.”
Gerry Ciaffone stated, “I live in Salem, but I own three pieces of property
on Blacksburg Road. I’m not in favor of this because I’m worried about the precedent it
sets for all property owners on Blacksburg Road. The bottom line is would you want 150
people partying next to your house every night? There’s no limit on the number of times
that this can take place. At this point there’s still not a limit on the number of people that
can be there. The valley is a rural valley. It’s pretty. People have moved to that valley or
bought property there because they want a quiet rural existence. If we all have a dance
hall next to us, I realize it’s not a dance hall literally, but you know it’s a wedding.
There’s going to be dancing. People are going to have a good time. I would expect that.
I think that the precedent that it sets is going to be dangerous going down the line and
people ahead of us are going to regret if we make the wrong decision here tonight.
Thank you.”
Millee Jorge stated, “My husband and I live at 5126 Blacksburg Road. It
would have been nice when they were doing the noise assessment if they had come
down to our house because we are downstream from where the venue is going to be and
we do hear the noise. The thought of hearing noise from noon to 9:00 from now to the
end of my days is a really sad thing every weekend. I’m thrilled that the business is going
to be successful for the family, but I am not thrilled that it’s going to impact my quiet life
that my husband and I have chosen on Blacksburg Road. It’s really, it’s a heart ache. It
really is because that’s why we live there, and noon to 9:00 music with amplification not,
a loud speaker is a loud speaker. It carries. That is not a way to live. That is certainly
not a way to live in a rural facility in a rural part of where we’ve chosen to live. So that is
my objection. My objection is the piece of my life and I really do believe that we are
making a mistake to have that happen on such a beautiful road that is really a residential
road. It’s house after house after house. It is not a place for a commercial business
right now and I feel very strongly about that. I would like to say that if this is approved,
there needs to be a very formal complaint procedure that we will be able to operationalize
every time that we are dissatisfied with the outcome of what is happening there. Thank
you.”
James Hensley stated, “I’m here not in opposition of the Triple J plan, but
so far I’ve only heard of no one that lives directly around it. I live on the south side of the
property. I have the same amount of property that they have. I have not seen anything
that I would not like so far, but I think that going in at 12 months out of a year that they’re
going to have it for a six-month period from May to October with no limit on how many
weddings they’re going to have, the best months out of a year are here, the summer
months. I have children and I have outings on my property. So far it’s only been about
four times a year, but in that period of time we’re going to be shooting skeet shooting.
My sons and I are all guns enthusiasts and we would be shooting whatever, four wheel
driving, and I just wonder how that’s going to set with a wedding venue at that time. I
January 24, 2017
47
think the people that live directly around it, and there’s only four people that live within a
mile of it, would be affected by it, not the people eight miles down the road or five miles
down the road. That’s my point.”
Melanie Franklin stated, “I reside at 119 Windwood Drive in Blue Ridge
so I’m not a resident of Catawba Valley. However, for eight and a-half years I was a
pastor in the valley. I have been to the farm for an event. I thought it was well
organized. It was well maintained. The farm is still well maintained. The family has a
good thing in mind for trying to do an event, weddings, family events, birthday parties,
and I don’t believe that knowing the family and being at the events that they’re going to
let things get out of control as far as alcohol and people making a great deal of noise,
and I would speak in favor of the Triple J Farm.”
Jennifer Savage Poerson stated, “I was lucky enough to be the first
bride at Triple J Farm. Me and my fiancé were actually transplants from Philadelphia so I
always imagined getting married there. When I got engaged, my parents were like so
should we look at venues the next time you visit? I said, “No, I want to get married in
Roanoke.” I had never been here before. Honestly I never came to Roanoke before I
moved here. I didn’t know much about it, but I was like it’s going to be so easy to find a
venue. It’s so pretty here, but I was dead wrong. There is really not very many venues
in Roanoke County, which is very shocking because this is literally the prettiest place in
the country. I was feeling a little restless because the only place I liked was in
Charlottesville, but my friend had a mutual friend who had a bridal shower that and they
were like just look. They’re doing construction so I figured I may as well give it a try. So I
went and I literally fell in love. Kim and her mother are the most kind people. They’re the
kind of people that brides want to give their money to. There’s a lot of venues that they
want your money and then they really don’t care about you. I mean let’s be honest, it’s a
business. I wanted to give to someone who was really supporting the community and is
really doing a good thing where I live. So before they were even done construction, I
gave them my money. I was like, “It’s okay. I believe in this venue” and I could not have
been any more thrilled, and that’s not to say it’s not small because I want to be honest
with you guys. I pinned my wedding for six months. Like this was going to be a perfect
day. If you had 150 to 200 people, you would not pick this venue. I’m just going to say
as a person we can talk about caps and say, “Oh, we can’t cap it.” Yes, you can because
you want your wedding to be perfect. You don’t even want your wedding to feel
uncomfortable or stuffy. This is a lot of money and this is the rest of your life. This is not
something you would ever even question the comfort of your guests. So just as an
economy booster for this area we would be so unlucky to lose this venue. I have family
members that are coming back to Roanoke to visit me just because they know what they
are missing out on in all of these years. I love Kim, but that can be its own little pin. This
is a great thing for the community and I feel so grateful that I was married there. I will
hold onto those pictures for the rest of my life, and I really hope that you understand and
take favor of Triple J Farm events because it’s one of the best things in the valley. Thank
you.”
January 24, 2017
48
Thomas Wells stated, “I do live in the city, but I am a wedding
photographer. I spoke at the last Hearing as well. I just wanted to give you my
perspective again. Just this past weekend I participated in a bridal show, the Greater
Southwest Virginia Bridal Show. It was held at the civic center, the Berglund Center now,
and I had a great big wall that displayed my photographs. By far, easily 45 to 1, the
potential brides who came up to me to look at me for my services were mesmerized by
the photographs taken at Triple J Farms. It is an incredibly beautiful venue and as Mrs.
Savage Pearson said, it is also a much needed venue in this area. As a photographer,
as a vendor, I have to travel to other areas for my business and it is a nice place to be
inside the county, inside of Roanoke. There’s a shortage of these types of venues in this
area and I think it would be very beneficial to Roanoke to have more of these, especially
something as beautiful and as well-kept as Triple J Farms. One of the other things I
wanted to touch base on is I’ve spent some time out there with Kim, I’ve been at a
wedding as a vendor, as a photographer, and I’ve been at a wedding there as a guest. I
was actually a guest at Mrs. Savage Pearson’s wedding, and I’ve also done senior
photos there. One of the things that has always impressed me with Kim was knowing I
was a vendor, every time I’ve been there she’s always asking me what can I do better.
How can I be a better wedding vendor? How can I do things more cleanly? How can I
affect my neighbors less? This has been an issue for a little while and I knew of this
issue and she’s always been concerned with that. She does not want to be a blight on
her community. She wants to enhance her community. She really does. She has a love
for where she lives and she’s doing what all good citizens should do. She’s taking care
of her property. She’s paying her taxes. She’s trying to start her own business and
build more money for the county, but for herself, and have a good life where she is
keeping her family farm up, using it for an additional purpose. I think that’s really to be
commended. So from a professional standpoint I think it’s an asset to the community and
from a personal standpoint I think she’s really trying very hard to be as good of a citizen
to Catawba as she can and to do as much as she can for the valley and be considerate
of that. Thank you very much.”
Konye Weddle stated, “I live at 1429 West Carrolton Avenue in Salem. I
was actually lucky enough to have my wedding at Kim’s venue. I’ve known Kim and her
mom probably 20 plus years. My children and Kim’s children played sports together. I
ran into Kim about a year ago and we got to talking and she told me that she was
looking to turn her property into a wedding venue, which thrilled me. I was trying to plan
a wedding. I had put my wedding off over a three-year period because this is the type of
venue where I wanted to get married and all the local venues were so booked up that it
was almost impossible to book a wedding at this type of venue and the particular date
that I was looking for in the Fall. So when I found out this was what she was looking to
do, I was ecstatic. I went ahead and booked that. I had my wedding there in October.
Everyone that attended just raved about how beautiful the landscape was, how beautiful
the facility was, how attentive and great Kim and her mom were as far as being present
and hands on at the ceremony. This is not just a piece of property where they want to
January 24, 2017
49
have a venue. This is actually their home so they’re being very attentive and hands on
so I think that gives them a first-hand look at what’s there and what’s going on and I
think they’re being very quick to react to make sure that nothing gets out of hand and if
something is going on that could be disruptive and they’re going to be quick to try to get
a handle on that. I think it’s a great opportunity for the area to bring in a lot of people to
see the beauty of the area as well as the facility and encourage them to come back. I
can’t say enough for how kind and caring they are and how I think Kim will do anything
that she can to make sure that this isn’t disruptive to her neighbors or to the community,
and I just hope that you will approve it because I think there’s a great need for it, and I
think that Kim should be able to have these events. Thank you.”
Kevin Clifford stated, “I live at 7203 Willow Valley Road in Roanoke. Bear
with me. I had a rough day in PE today. I’m a teacher. I’ve gotten to know the Boldens.
I’m the head football coach at Glenvar. I coached their youngest son. I can tell you I
probably know Kim and her mom as well as anyone in this room as far as providing a
quality atmosphere. We’ve had our team there several times. She catered every meal
for four years my first four years at Glenvar, and to say that it was first class would be an
understatement. Really to put any more favor on Kim and her family and her product
would probably do a little injustice. I will tell you having a small business myself, having
a brother that has a small business, being in the Roanoke Valley for 20 years, have
attended several weddings, about 30 in the 20 years I’ve been here. I’ve been in two
outdoor weddings. One was up on Bent Mountain in Floyd. The other one was off 24
over near Vinton, which I believe is in Bedford County. This area needs this type of
venue. It’s a beautiful area where she lives. Obviously we’ve heard that redundantly,
but I think it’s what promotes the Roanoke Valley, and this is what we want. Small
business is the backbone of our community. I think it goes without saying, it’s already
been mentioned several times, but they’re first class. It’s going to be a first class venue.
I’m excited for her. I know she’s excited and I hope you all would see fit to approve it.
Thank you.”
Robin Fulp stated, “I have lived in Catawba at 8255 Arabian Lane going on
26 years off of Newport Road and as a homeowner I would be more than glad to have
neighbors such as Jeannie Johnson and the Boldens. We could only wish that we had
neighbors who took such pride in their property. As far as I’m concerned, I think they
have one of the most beautiful places on the Blacksburg Road. They are also good
hardworking people who care about others in the community that they live in. Mrs.
Johnson was well loved bus driver for Roanoke County for many years and Mrs. Bolden
volunteered many hours making sure that the sports teams, her children and others that
participated at Glenvar had a snack or meal after their games. As far as the neighbors
worrying about the effects of increased traffic, noise, and possible drinking from the
Triple J Farm, I would be more worried about the increased traffic and drunk drivers that
both the Blacksburg and Newport Road receive from the Tech games. As residents of
Catawba it should make us proud of our neighbors wanting to better our community. I
personally am one of those people who see it as a good opportunity for the Catawba
January 24, 2017
50
community. I hope nothing but the best for my friends and fellow residents. I encourage
you to allow them to continue with their business.
Harold Wingate stated, “I actually live in Botetourt County on Catawba
Road, but the bulk of our real estate holdings are in Roanoke County. We operate the
Homeplace Restaurant so I’m really here to speak about the Homeplace very briefly.
Now somebody thinks that it’s not possible for me to speak about the Homeplace briefly
and I appreciate that, but basically what I want to say to you is the Homeplace has
absolutely no objection to this. We’ve heard a lot about increased traffic and we’ve
heard about a lot of things that might add problems to residential and to our commercial
venue, but we don’t see any. I think we created some additional traffic over there and
we’re thankful for that, but we see absolutely no adverse effect on the Homeplace. So I
just wanted to make sure that you understood that. Thank you very much.”
Donna Montgomery stated, “Michael Montgomery says he will not be
speaking. He will let me do the talking for both of us, but I’ll only take my three minutes
or less. Kim Bolden and their family have been integrated members of the Catawba
community for many years as you’ve heard. They truly care about Catawba, the families
that live there and the community itself. Our daughter-in-law’s dream was she wanted to
be married at Triple J. Unfortunately Kim’s venue wasn’t ready and we had to drive all
the way to Montvale to that wedding venue and Cassidy and her family paid tons of
money to that venue that could have been coming into Roanoke County. We attended
another wedding last summer where we drove all the way to Lynchburg because those
kids didn’t have a beautiful place that they would have had available here in Roanoke,
and that place, from what I understand, every time you want to rent a table, it’s so much
money. You want to rent a chair, it’s so much money. With Kim’s venue, everything is
included in her fee, which is a real boon for her and speaks to her personal convictions
as to not just nickel and dime brides to death over things, which I would appreciate as a
mother, former mother of the bride, but anyway, we were able to hold our son’s rehearsal
dinner at Triple J in August. There were no neighbor complaints. There was no alcohol
or loud music. It was basically a family reunion with college friends from states, family
from states near and far, and we were all able to enjoy a very lovely and relaxing
evening basically in our own backyard because I didn’t tell you I live on Newport Road in
Catawba, I’m sorry, 6090. We were able to be outside. They played soccer. The kids
were running around in the field in the front. It was a wonderful relaxing evening before
the stressful wedding day jitters, things that come up the next day. WE did not create
any traffic jams. There were no dangerous situations. We were not loud or boisterous.
Kim is such a gracious hostess, a fabulous decorator. She could be considered Joanna
Gaines of Catawba, and I’m not kidding. She really could, and she could bring a lot of
great notoriety to this area in a good way. Others should have the opportunity to use her
services and enjoy our beautiful valley. There are people who, you know, some of my
kids’ college friends were never outside their whole life living in Washington, DC except
to play soccer. They come to Catawba, oh my, they get to go hiking at Dragon’s Tooth
from our house and they get to come to Triple J and just enjoy a lovely evening before
January 24, 2017
51
the wedding, but I wanted to say most of all they’re very kind, and I’m sorry, I’m running
out of time. Please vote “yes.”
Richard Cox stated, “I live at 6250 Newport Road and I’ve been to two
events at Triple J. The first was a wedding event. It was beautifully decorated, the music
was low. It was so calm and peaceful and enjoyable that I requested that Kim would
allow us to have a church event there. She graciously agreed so I brought a church
group over there and they were blown away with the decorations, with the kindness of
Kim and Mrs. Johnson, and before they left they were asking to come back again. A
couple of weeks later a businessman from Vinton that I rarely see, I ran into him over in
Roanoke and one of those folks had told him about the event and he was so impressed.
He said, "I want to bring a business group over there this summer for a luncheon or for
something, some get together with my people. So there’s much opportunity there for
folks to come. There’s never been alcohol at either of the events that I was at of course,
and there won’t be with most of the folks that I know that would book there. If you’ve
eaten just a few times at the Homeplace, it’s where Kim and Mrs. Johnson both work,
then you’ve probably been served by them and you’re probably already acquainted with
their kindness and their desire to please and to take care of you in a wonderful way.
The same spirit that you enjoy at the Homeplace when they serve you is what you’ll find
over at the Triple J. I’m pleased that wedding events are being booked and coming in
from out of town. Being a father of three daughters, I have some experience with
wedding expenses and I’m glad some of those dollars are coming back into Roanoke. A
lot of mine didn’t. Anyway, I want to see all of the businesses do well including the store
that is going to open sometime. The entrance to this place, it’s a long clear view in both
directions. Traffic is not a concern at all that I could tell. I really couldn’t see any
problems with that. I’m totally convinced they would never allow anything inappropriate
on their property. Thank you and I sure hope that you approve this. We’d like to have
more events there. Thank you.”
Shirley Cox stated, “I live at 6150 Newport Road, Catawba. I’m here to
give my view on why the Triple J Farm should be allowed to have this business. The
Homeplace Restaurant business has brought employment to Catawba and great
enjoyment to people all over Virginia and beyond. We have one convenience store
where we can get gas or pizza or other items. The Catawba Valley needs more small
businesses to provide employment for the area. The Triple J wedding venue has the
opportunity to be a contributor to the valley’s needs. I have attended two events at
Triple J and there has not been any profanity, no alcoholic beverage on the premises,
no loud music, just people enjoying themselves. The music was very soft and as a
matter of fact, people were laughing and talking. We didn’t even hear the music or pay
any attention to the music. At one event the children were playing outside, as has
already been said, and just admiring the beautiful scenery there. My husband and I
have hiked McAfee’s Knob and Dragon’s Tooth several times. Our grandchildren, sons-
in-law and family have hiked it, and there are no houses on either trail that would
impact the hikers. Two of our grandchildren hiked up this six mile parking lot on top of
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52
Catawba Mountain Christmas Eve. This required crossing the Blacksburg Road. They
never got anywhere near to Triple J. The Appalachian Trail actually crosses the
Blacksburg Road 1.9 mile from the Triple J Farm, and the bikers that travel
Blacksburg Road will not be affected by Triple J. There is more biker traffic on
311 than there is on any of the side roads. I have grandsons and sons-in-law who ride
these bikes like that. They look straight ahead and they don’t look right or left and
they’re going for the target. They’re going to win. The Johnsons and the Boldens are a
respected family and that means you know they wouldn’t harm anyone. They wouldn’t
do anything to hurt anyone’s feelings, and I hope that you will give them the opportunity
to have their dreams fulfilled for this venue. Thank you”
Chairman McNamara then recessed at 8:25 p.m. to reconvene at 8:40
p.m.
Chairman McNamara called the meeting back into session at 8:40 p.m.
Louise Webster stated, “I live on Broad Street in Salem. I’m here to
express my concerns regarding Triple J Farms and their request to hold events at their
property. I currently board my horse at Catawba Equestrian Center which is directly
across the road from Triple J Farm. I chose to board my horse there for many reasons,
some of which are because of the beauty, solitude and tranquility of the area. I have
three points I want to make tonight. One is regarding traffic, two is the possible effect
on the horses and three is zoning. As far as the traffic is concerned, I’ve heard people
address it and say they don’t think it’s going to be a problem. I think with the bikers and
the hikers, it could be a problem. That’s how I feel about the traffic. The other point
that I think I would like you to consider is the effect the added commotion and noise can
have on some horses. They are very sensitive creatures and some can respond and
react in negative ways. They can develop ulcers from worry and stress. They can also
colic from worry and stress. Both of these conditions would require a veterinarian with
owner cost and possibly irreversible consequences. My last point is the zoning. I feel
that by issuing a Special Use Permit for Triple J Farm to hold events, I would think that
you would be setting a precedent for issuing of future permits. I think I heard someone
earlier this evening say that this is an important precedent to set and this could open up
a whole can of worms, so to speak. Thank you.”
Julie Georges stated, “I live at 8402 Gravel Hill Road in Catawba. What I
have heard here tonight is that we’re all agreeing on a lot of things. We’re all agreeing
that the Catawba Valley is absolutely stunning and beautiful, and we’re all agreeing that
Mrs. Bolden is a fabulous neighbor, and we’re all agreeing that we believe that she
has got the best interest of her neighbors at heart. I appreciate everything that
everyone has said. My concerns tonight as a resident of Catawba are two-fold.
Number one, the noise. I believe that there is room for everyone to come together on
this and I believe that strict noise restrictions will be necessary for this. I don’t believe
that any sort of amplification of music is appropriate. The reason we came to be
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residents in this valley 12 years ago was because of the beauty and the silence and
what we hear in the silence, which is the wind and the water and the wildlife, and I can
appreciate that people want to come to her venue. I would want to come to her venue.
I might come to her venue, but I would hope that she would choose clientele that would
appreciate those same things, the beauty and the silence, and that her music would
reflect, or the music that they would have there would reflect that and not be raucous
noise. My other concern is that as a Catawba resident you are opening a big door. I
appreciate, Ms. Hooker, what you said about being careful of the precedent we set.
I’m hoping that you all will set this bar very high. As a resident there, there is property
right across the street from me that anyone who appreciates her venue and has a lot
of money could come and purchase thinking this was a great idea, only they’re not
from the Catawba Valley. All they care about is the money and they’re not going to
have the same integrity as Mrs. Bolden. So I’m just hoping that when you set
limitations, you will keep all of this in mind and consider is this something you would
want beside your home and something you would tolerate beside your home with
limitations that you put into place. Thank you.”
Beverly Russell stated, “I live on Shawnee Trail in Roanoke County
shortly off 311 and below McAfee’s Knob. My concerns have been addressed a lot
here tonight, but the amount of traffic, the days of the week, the times of the day, and
the alcohol. I don’t have children that are young enough to drive yet, but I have
grandchildren that are coming up. So I think the days of the week, if its 12:00 to 9:30,
and I was here at the last meeting and there was some controversy. I think the
Boldens said between 7:30 and 8:00 was the last people that they had had to leave
their parties. In consideration of that, you know if it’s every day of the week, you may
have children or people that work that need peace and quiet at an earlier time of day. I
don’t know if the days of the week can be limited. I heard the weekend and I heard 7
days a week. I don’t know whether that’s up for discussion or whether that’s
something that has been approached, but it needs to be. Then the capacity is the other
concern. I’ve heard 85 to 200. I think that is something that needs to be seriously
looked at. The other issue is the alcohol use. I know they don’t have an alcohol
license, but it’s come and go. The people that have the church venues you wouldn’t
expect them to have alcohol at those venues, but at the wedding venues Mrs. Bolden
said that she doesn’t have the alcohol license, but the people that are coming to do
that then you would have the alcohol license, and I’m concerned about that in this type
of valley and setting. Other than that, I think that the noise that would affect the people
close around them, these are the issues that would affect me and my concerns. Thank
you.
Dennis Terry Neece stated, “I live at 5187 Catawba Valley Drive, which
is about a-quarter of a mile from Triple J Farm. I’m very concerned about the noise and
a little bit concerned about the traffic, but my main concern I think is the noise. I think
they will have loud music over there and there will be noise because I think I’ve even
heard the noise from over there before so I’m very concerned about it. That’s my main
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concerns. I have a lot of respect for Mrs. Johnson and it’s a beautiful place and
everything like that, but I moved over there over 30 years ago to be in a rural area and I
don’t know how much longer it’s going to be rural the way it’s going. Thank you very
much.
Philbert Shelton stated, “My wife and I live at 5255 Catawba Valley Drive.
As the crow flies, we’re probably maybe a-third of a mile, two-tenths of a mile from the
proposed venue. I know it’s a beautiful setting. I have no doubt that it will thrive and be
successful. We moved to the Catawba Valley 26 years ago. We built a home right on
Route 311. During those 26 years I cannot even estimate how much the traffic has
increased over the years. Another concern you need to consider is you have an
adjacent county, Craig County, which is pushing residential growth. They have no
industry. They’re pushing for more residential growth, subdividing farms and there’s
going to be more and more and more traffic. That mountain is probably the very last
thing on VDOT’s or the state to ever improve so there’s not going to be any
improvement to the highway, and I take issue, not issue, but I disagree with the
gentleman about the Appalachian Trail. It’s just a matter of time. It’s going to happen.
Some individual, some pedestrian is going to be struck by a car at the top of the
mountain. I’ve seen it almost happen. We have the bikers which I have no problem
with, but I’ve almost collided with two of them. The only thing that didn’t happen in the
wreck, we didn’t hit anything. So that’s twice. I know they have good intentions. I know
the bikers have good intentions. I know that she has good intentions, but you just don’t
have the highway structure, the infrastructure to handle much more additional traffic with
this venue and this county is going to produce and your adjacent county that’s pushing
for growth is going to increase it two-fold. I hate to see all the opposition against her
venue. It’s a beautiful venue and it will succeed, and like Mr. Wingate said, I can
remember when he opened his restaurant everybody said, “That will never fly. It’s
Catawba. Who’s going to a restaurant in Catawba?” You can see how it’s grew. It’s a
great place to eat. People flood out of the county, out of the city to come over there
to eat and we enjoy it, but the highway can only stand so much traffic. Thank you.”
Willis Cowan stated, “I live in, we’ve heard a lot about Roanoke County,
but I’m from the beautiful county of Botetourt. I’ve known Ben and Debbie a long time
and I’ve worked out there on that farm and helped Ben do a lot of renovations to that
place. They’ve taken a lot of effort, time and money put into that place to make it a
really beautiful place, along with the people next door. Last year when we came back
from our vacation that we take together usually to the Outer Banks every year we had
some friends that had come down from Michigan that we see and we came back
because we wanted to spend the last few moments with them before we went back to
Botetourt and they spent the night with Ben and Debbie to have some rest before
they made the long trip back to Michigan. When we got there we were utterly
surprised about how much noise come from next door from their wedding venue. If you
know anything about living out in the country, you don’t hear a lot of traffic, you don’t
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55
hear a lot of airplanes. You just hear the natural sounds of living in the country. I live
in a subdivision now. I used to live out in the country and you know I really miss it. I
truly miss it. It’s quite an experience for people to have to live out in the country like
that and enjoy it, but it’s noisy. I tell you if it was my place and I had to put up with it,
I’d be upset too, but the decision is yours. Thanks.”
Ben Bono stated, I live at 5180 Blacksburg Road. We directly adjoin the
wedding venue hall. We bought 5180 property in 1988, built our home in ’95 and lived
21 years in harmony with the Johnsons until now. No more waves to each other,
acknowledgement in passing. We are devastated and sickened to find ourselves in
this position. Our home is 600 feet from the party hall. I hope you’ve had a chance to
look at the eight and a-half by eleven compacted pictures showing you what I’m about
to tell you. Porta-johns placed in clear sight of our home on Friday and picked up on
Monday or later, cars streaming in, some in our driveway looking for the party hall,
turning around in our hay field and leaving. The hall is lit up at night like a cruise ship
ready to cross our yard with cheering, hollering, PA system congratulating the bride,
the groom, amplified disc jockey music and a band, and lots of people. Kim Bolden
stated that she can handle 200 people and have tents. That could mean 125 cars plus
entering and parking 300 feet from our home. They leave all hours of the night with
bright lights shining in our bedroom window which is in the front of our home causing
our two Boxer dogs to start barking thinking someone is coming in our driveway. We
drive the dangerous mountain every day as all Catawba residents do for the beauty,
the peace, the quiet and darkness. Those that spoke for approval on January 3, 2017,
a photographer, a bride who had her wedding party there, workers at the Homeplace,
friends of Mrs. Johnson and Kim Bolden, some of whom don’t even live in the valley. I
would bet they would not want this in their front yard. We have 71 signatures of
surrounding Catawba residents who disapprove and are directly affected as we are.
This is not in keeping with what the Catawba Valley is about. In 2000 we purchased
the Catawba Equestrian property. It was an agricultural business in operation that had
fallen into disrepair and overgrown with weeds, stands of saplings, broken fence
boards, and trash like a dump site out at the corner of 311. We cleaned up the corner,
replaced fence boards, bush hogged the fields, weed-eated the banks, cut the grass
along Blacksburg Road for a-quarter a mile because we care and the valley deserves
this. One day we found a note in our mailbox from Faye Wingate who lives down
Blacksburg Road thanking us for the improvements, and we have continued to work
hard to keep that beauty. I’m the guy that does it. Last year we purchased 83 acres on
Blacksburg Road that adjoins the horse farm to preserve the beauty. I bush-hog a mile
down Blacksburg Road on this property to improve the scenic byway beauty in the
Catawba Valley because we care. In 2004 we purchased the home next to us, 5150
Blacksburg Road after the passing on of my mother and moved my father from
Michigan to care for him. After his passing, we rented the home for eight years, four
different families. In October our tenant was transferred. The home is 500 feet directly
to the east of the hall. It was always rented in a couple of weeks. We have not been
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56
able to do so because of the venue sign in the proposed party hall. Again, who would
drive the mountain every day to sit on the deck and listen to loud music and noise, see
cars streaming in and out and lots of people Friday, Saturday, and Sunday? In Kim
Bolden’s application she stated that the event hall would increase property values. This
is wrong.
Chairman McNamara asked Mr. Bono to wrap up his comments.
Mr. Bono continued, “Mr. Hensley, the Catawba Equestrian, 5180, 5150
Blacksburg Road and Dr. Horrowitz will surely drop. We are in hopes that the Board
members would visit our property to see the close proximity of our home to the event
hall as Mrs. Hooker did. This is not in keeping with the Catawba Valley byway, the
peace, the quiet, the surrounding property owners. If you’re even considering
approving her petition, I would ask you to please limit the number of events or table
your decision and come visit the site to see how disruptive it would be to the
surrounding neighbors. This is a life-altering decision you will be making for us and the
Catawba Valley. I respectfully ask you would you want this in your front yard? Thank
you. I’m sorry I ran over.”
Al Winnie stated, I currently live in Roanoke. However, I lived for several
years at 5150 Blacksburg Road right on the opposite side of the Bonos. I can tell you
we’ve heard a lot about how beautiful and pristine and serene the Valley is and I regret
many times having moved out of that area and ironically over the last month my
daughter, who is now grown up, was talking to me about maybe we can actually, she
could actually with my granddaughter move to that area because she’s looking to move
out and we were talking about how wonderful it was sitting out in the evening and it’s so
quiet. We heard earlier I think, somebody said they walked around the area as far as
the noise and it didn’t seem that bad. I can tell you firsthand. We heard it from a lot of
people how wonderful the venue is. Absolutely sounds like something I would like to go
to, but then I would go home and if I wanted that serenity and I lived on Newport Road or
a different part of the valley, I would go to that serenity. For me, my perception, I have
been there and I’ve lived close to that proximity and I can tell you, I can remember we
used to joke it was so quiet you could sit outside and the Homeplace, a great place to
eat, it’s probably about a-half a mile away, much further than this area, you can actually
on a quiet night hear people just having conversations sitting talking, waiting to go
inside. So I’m not really sure what kind of tests were done for the noise, but I can tell
you that if you’re in the proximity of that area, you will hear the noise. It is extremely
peaceful and beautiful. True, the only people that are probably going to be impacted are
the people within a mile of it on Blacksburg Road, but I do believe that for the whole
Catawba Valley that piece of Blacksburg Road is one of the most serene beautiful
areas. I get people wanting to come there and see how beautiful it is because it is, but
from an impact as far as the properties around it, you’re going to lose that serenity. To
give you an idea, when I talked to my daughter and I found out about this she said,
“Well, I guess I’m not going to be interested in moving there if that kind of thing is going
January 24, 2017
57
to be going on every night.” Even if it’s talking, I’m just telling you this is what
conversation we heard because we’ve lived there. We’ve been within that proximity
and we know how quiet it is every night, every day. It’s not about how nice the family is.
It’s not about how beautiful it is. There’s no doubt about any of that, but it will affect
and impact the surrounding area and the serenity.”
Debbie Bono stated, “If I could ask for your indulgence. I’m going to try not
to go over the three minutes, but if I go over please just give me a little latitude. We are
the most affected I think. I do have some letters I would like to submit for you. One of
them is from a lady that came and looked at 5150 Blacksburg Road to perhaps move
there when their lease is up and she declined because of what would be going on next
door.
Chairman McNamara asked Ms. Bono to pass the letter to the Clerk.
Then the next one is a letter from Caris McGhee who lives at Catawba
Equestrian Center and takes care of the horses and her concerns are as the caretaker or
one of the boarders mentioned earlier about the stress to the horses. I’d also just like to
touch upon the 71 signatures in opposition and I thought when they gave their petition,
this was all new to me, they would knock on doors to tell people what’s going on
because they didn’t know. I knocked on 75 doors. I got 71 signatures opposing the
venue. The only people that didn’t were because they told me, “Well, we know Jeannie.
We know Kim. We like them.” I do too. I like them. It’s not about not liking them. This is
not a right idea, but I respected that, but 71 out of 75 people whose door I knocked on
opposed it. A quick view of the map that I think you’ve seen, everybody in the
immediate area opposes it. I don’t know if you’ve had a chance to look at all of the
exhibits from the last, but this is the map. The pink ones are those who oppose it.
That’s where the hall is. This is Blacksburg Road. This is the residents around them and
right across the end of Blacksburg Road and 311. I think you’ve probably seen this is
what it looked like at night, and this is what Catawba is like in most people’s minds and
what we live there for, and this is what it’s like with the events going on next door.
Kim and Jeannie are wonderful people. I’m not here to say they’re not. We
have been their neighbors for 28 years. We’ve been good neighbors to each other,
them to us, us to them, but I said, “I can’t support you in this. It’s too disruptive. Never
would we try and impose this on you.” It’s a beautiful place. I want you to succeed. I
wish you success. Have a bed and breakfast. It wouldn’t disrupt. It concerns me that
this sounds like it may be headed that way, and it’s sad if it is. In the report itself it talked
about that the Catawba Sustainability Center was somehow compatible with the venue.
It’s about crops, growing crops. It has nothing to do with partying and loud music and
drinking and bands. If you go back to the overview of the zoning code, this was all new
to me, but they talk about the zoning code, the purposes for the general welfare of the
public and to facilitate a harmonious community. We do not have a harmonious
community with that event next door. It talks about the agricultural preserve district
which is where we live, a preserved district to protect sensitive and unique land resources
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58
from degradation and to prevent the encroachment of incompatible land uses. Many of
the county’s unique and scenic resources are found in this district. Catawba Valley is
special. There’s nothing like it, and what makes it so special is its quiet. You go to listen
to the quiet.”
Chairman McNamara interjected that he sees people getting concerned
about the red lights, but I run this meeting. You all were very, very respectful. I certainly
gave the petitioner an opportunity to speak without a time limit. I think as probably the
closest landowner, I’m going to allow the clerk, if you could reset the clock and then
there will be three more minutes. If you could hold to three more minutes and then that
will be it. Thank you all very much for your patience.
Ms. Bono continued, “Thank you, Mr. Chairman. I appreciate that. The
problem that I see and I would ask you to consider, this venue and with these people
would be a great success anywhere, but it needs to be in a place where it’s not so
disruptive to the immediate neighborhood, and the website for Roanoke County touts
about the quality of life and how we preserve our quality of life. Our quality of life in the
valley is the peace and quiet over there. I’m very concerned about that. It’s a
commercial business and it just doesn’t belong in that location, I would submit. If
there’s going to be this event going on over there, which I rue because I think it’s a big
mistake. It’s your decision and we certainly respect it, but I respectfully beg that if there
is that you put limits on it because if there aren’t limits on it, it’s not going to be a good
thing at all for the valley. Mrs. Bolden said in her petition that it is showing to have 12 to
15 Saturdays. She’s already offering Sundays. She wanted to do it May through
October. She’s offering April and November. We talked after the Commission Hearing,
Jeannie and Kim and I you know and it’s like this is just too much. I would ask that the
Board please consider the most beautiful days of the weeks and the months and the
weekends when we’re all wanting to enjoy our property are the times when people have
weddings. It’s not fair that they get them all. We would ask that you would consider
limiting it to two weekends a month if they could do these events so that we who live in
the valley could have two weekends a month so that my boarders could come up and
enjoy their time. One boarder already had to get off and leave her horse when one of
the events was going on. She was afraid she was going to get thrown. Another one has
already left the barn because of it, but those horses were there first and that is
agricultural. Some people say “Well, she wants to have her business, why can’t Kim
have hers?” Mine is agricultural. It’s compatible with the agricultural district. I’m not
saying bad things about Kim. In the future I believe that we’re still going to be there for
each other like we always have been for the last 28 years. When Jimmie died, Jeannie
knocked on the door and said, “Debbie, can I bury Jimmie on my farm? Would you
mind?” I said, “Jeannie, if you don’t bury Jimmie on that farm, he’s going to come back
and haunt us all. He loves that farm.” We don’t want to look at a Solarium, at a grave, at
a cemetery, but that was the right thing to do out of respect for the neighbors, and I
would just ask that there be some respect for the neighbors who live there, who lived
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59
there first, and they’re the ones that are going to be trying to change the neighborhood
and it will change the neighborhood and it’s not for the better, not for those who live
there. It’s easy to say it’s great for the neighborhood and drive past and wave as you go
by, but it’s a lot of hard work that’s put into that by all of us. They’ve always taken pride
in their property. They’re going to continue to do so, but I urge you that it’s not the right
location for this business, but if you’re going to do it, please put limits on how many
people she can have coming to these events, how often she can have these events, and
no amplification. That’s the big thing. These horses across the street, you know they’re
running through the fields when they’re having these events. That business was there
first. Sherrill Smith built the barn. He’s best friends with Jeannie. They’re like brother
and sister so they can’t complain about us. We bought the business that he had let go
down and we rebuilt it. Thank you for your time, your consideration, and please give us
some consideration as well. Thank you.”
Debbie Robinson stated, “I don’t have a prepared speech or anything, but I
live on Keffer Road and we were able to sing along to some of the music that they had
last summer. I have grandchildren. We like to spend a lot of time outside and I do think
that the sound is disruptive because we weren’t able to listen to the music that we
wanted to listen to because we heard their music, and if they have alcohol, 311 is
already very dangerous with the amount of traffic that’s on there. If you add alcohol to
the permit on top of that, I’m afraid that there will be a lot more accidents. The traffic, I’m
sure you’ve all done the traffic studies, there’s a lot of traffic and it is very concerning
knowing that my children are driving. I have seven grandchildren. My children are
transporting my grandchildren on these roads with the extra traffic and if there is alcohol
involved, I think it’s going to be quite a dangerous situation. If you let it go forward, I
would ask that you please keep a cap on it. I have a daughter that’s wanting to get
married. I understand the venues are tight, but I don’t want to have a venue that’s going
to impact someone else’s life in a negative way, and that’s what we’re looking for. We’re
looking for a business that is not going to negatively impact someone else with loud
music or with our life on their life because our life is not more important than their life
and that’s just not the way to do things. Thank you very much for hearing me out.”
Greg Gereaux stated, “I live at 5299 Keffer Road, Catawba. It seems like
things are really vague about the studies you’ve done and stuff and when you’re doing
sound studies you put off a certain amount of signal and then you measure it with a
decimal meter how far away and the valley can be very deceptive and it can make
things very loud, and you know a constant 50 DB is you know, you expect it from chain
saws in the Fall and stuff like that. You know there’s some people in this room whose
opinion should county more and the people whose property borders these people’s
property. We spent a lot of time, a lot of money and a lot of resources to live where we
live. We live in what we consider agricultural residential. Seems like you’re trying to turn
it into something commercial, you know, certainly not what I envisioned and certainly
what people in Catawba envisioned. It seems like a lot of people in Catawba aren’t for
it. They’ve got a beautiful farm. They’re great people. I mean it’s as pretty as a picture.
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60
That’s not what we’re arguing. We’re arguing the fact that it hasn’t been thought out well
enough. There’s a lot of unanswered questions. Thank you.”
Teresa Gereaux stated, “I’m also at 5299 Keffer Road. Thank you for
hearing us. I have a few concerns with this. I do believe that the Roanoke Valley overall
needs businesses like this. I’m not sure that this is the appropriate place for it. I have
concerns about some of the traffic. The turn there onto Blacksburg Road is a bad one
and I think it’s a dangerous one and we are talking about adding a lot of traffic to that
one particular corner. The woman who spoke earlier today and talked about how you
can have noise potentially from 12:00 to 9:30 at night I believe is what I saw on the
screen, potentially seven days a week. To me that is just too much and I do feel like
there needs to be some kind of restrictions put on it. That’s a hard choice that you all
will have to make, but I do feel like that that is too much to ask for people who live
nearby in a residential agricultural neighborhood. We live probably about a mile or so
from there. We hear the Homeplace. We hear them calling names. If there’s a band at
the Community Center, we hear that. We have a little bit of elevation so the sound does
seem to come up. Also Mr. Bono mentioned, and the staff member mentioned earlier,
the porta-johns, and I certainly think that if the porta-johns are all weekend long, I’m not
sure how many we’re talking about, but certainly the size of the crowd would determine
the number of porta-johns that you have to have. I think we all know that a three-day old
porta-john and screening it from view is not your biggest problem. I think the neighbors
are likely to smell that. You’ve got all sorts of animals around there and these things
could be knocked over. I just see all sorts of problems for the people who live very close,
but also the people who live in the greater Catawba area from the noise and the traffic
concerns. Thank you.”
Melissa Sprinkel stated, “I live on Little Catawba Creek Road on the
Botetourt side and I’m here for Catawba Equestrian Center and Debbie and Ben Bono. I
have made a little thing to read. My concern is also the noise and the traffic. Ben and
Debbie have opened their hearts and home to the care of our horses at the Catawba
Equestrian Center. They’re wonderful people and caretakers giving us as horse owners
a peace of mind because it is so peaceful in Catawba. I find the wedding venue is very
disturbing to the area. My concern is the loud music as well as the traffic. It has brought
stress and worry to the horses as well as myself and the Bonos. The noises spook the
horses which can lead to possible injury as well as ulcers and can cause colic from
stress. For those of you that don’t know, a horse can die from colic. The noise also ruins
the peaceful beauty of the farm. The noise also disturbs concentration while riders are
riding, distracting the horses which can be dangerous for the riders. Me and my
daughter boarded multiple horses at Catawba Equestrian Center for the last three years
and have now moved them to another barn because of this disturbance. We miss
Debbie and Ben and the farm. We would go back if this wedding venue was not
approved. Catawba Equestrian Center is by far the best in the valley and it is because
of Debbie and Ben. I also lived there for two years as a barn facility manager and it was
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always really quiet and the most peaceful place I’ve ever lived. So my vote is that you do
not approve this. Thank you.”
Gabriele Hooten stated, “I live at 3822 Bandy Road. I do go to Catawba
Equestrian Center because I have boarded a horse there and I train there, but my biggest
concern is as a resident of Roanoke County, the precedent you set here, I have my own
farm, I have my own barn and what you are saying is basically I do not want train horses
any more. I can go and I can open a wedding venue. My neighbors are as far as away
as Debbie is so you are setting a precedent here. Right now this could be 52 weekends
a year that this lady is having loud music, and you all know how in the valley how it
amplifies the sound. I also say that the sound study should have been much more
professional instead of just playing some music, some loud music. What is loud music?
What bothers me as loud music might not bother you as loud music, but it is the Bonos
and the other residents who have been living there for 20 and 30 years who have been
there living for peace and quiet, and now you allow someone to have parties, and
weddings are loud. You all know weddings are loud. People cheer. People have a good
time, and I really think that is great, but imagine if your neighbor would have 52
weekends or 50 weekends a year a loud party right next to your house. Would you allow
that? Would you want that? You need to consider the needs of the people who have
been living in that valley for 30 and 40 years versus someone who is entitled to make
money but not by harming people who have lived there for a long, long time. Again,
would you want a wedding venue next to your house with no restrictions for noise?
Right now there is no restriction for noise. There’s no restriction for how many
weekends and how many days. I mean it can even be during the week, and that is the
Catawba Valley, peace and quiet, and it will be gone for those people who have lived
there for 30 years. It’s in your hands to see what is going to happen, but as a resident of
Roanoke County, I am very concerned about the precedent you are setting because my
neighbor might tomorrow open a wedding venue and my life would be disturbed so
much also because every weekend they could have a wedding right next to my house.
You need to think this through and you need to especially make limits on how often this
can be how many weekends for these people will be destroyed where they cannot sit
on their balcony. You really need to really make restrictions on how loud it is, not going
out there and playing some music and walking some kind of distance and the wind
sometimes blows and the wind sometimes doesn’t blow. It is in your hands to put every
one of us from noise harm. And 80 to 100 cars every weekend in your neighbor’s
parking lot, what would you think? Thank you.”
Nathan Osburn stated, “I live in Roanoke County in the Glenvar District. I
was asked by Mrs. Bono to contact Mrs. Bolden and inquire about renting the facility in
order to establish some additional information about the venue and what amenities and
what things may be offered. On January 2, 2017, I did contact Mrs. Bolden and spoke
with her personally for about 12 minutes. During that conversation we did discuss what
she termed as "a nice comfortable number” of people that she could accommodate,
which was 80 to 120. Further she did indicate to me that we could erect tents and
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additional people could be accommodated and she indicated that she did have 250
chairs that were available for guests. I inquired about the parking at the facility and was
concerned if we would be able to park my guests. She indicated that parking was
available in a nearby field and in the event of muddy conditions at the facility, that we
could pull vehicles with the use of their tractor. I inquired about restrooms and what was
available there at the facility and she indicated that we would be using porta- johns and
that they would be available. I talked to her also about music and entertainment. She did
indicate that live music was able to take place there and/or DJ’s. She specifically told me
during that conversation that that would need to be limited to 10:00 P.M. I talked to her
about caterers and/or vendors and she indicated that we would have to pick and choose
our own caterers and vendors to use at the facility. When I inquired about alcohol, she
did advise me that the full bar, beer and wine, was allowed at the venue. I talked to
her about specific timeframes and the period of time that the facility was currently open
to rent. Friday, Saturday, and Sunday was discussed during the months of April, May,
and June. Thank you.”
Jessica Dahlgren stated. I currently reside in Fincastle, Virginia. I grew up
in Roanoke County and my parents still live there. I was lucky enough to be the third
bride to get married at the facility. As someone who appreciates living in the country, I
hate there is a problem between these two neighbors and hope that there is a
compromise that can be made. I had less than 100 guests at my event because I
wanted a small and intimate location and that’s what was marketed to me when I went
and talked to Kim about the facility. All of my guests were gone by 9:00 P.M. It was a
fantastic event. I’m so happy that I got to have it there. When you talk to people about
weddings and what is spent every time somebody has a wedding, it blows my mind
even that the average wedding can be upwards of $20,000. I worked at the bridal show
this past weekend to help out my photographer and there were very few venues there.
The ones that were there were not in Roanoke County. To be able to stay here where
my family is, where my now husband’s family lives was great to not have to travel but so
far. I had family come in from all over. They paid for hotel rooms here. I paid for vendors
here, florists, musicians, photographers, caterers. I spent my money here in this area.
Talking to brides at the bridal show, it blew my mind how far away they are willing to go
to find beautiful facilities like what we have right here. Kim is very responsible. When I
talked to her about having the event there, she did mention there were restrictions on
how long we could stay, how long the music could play. She said that they did require
that there be an ABC license. She’s very, very responsible about all of those things. She
marketed a small intimate event. She did not market a facility that could hold 300 people.
That was not what she was selling and that was not what I was buying. She’s invested
in good quality products. She has beautiful chairs. She has beautiful linens. This is not
a fly-by-night. This is not a let’s cram in as many people as I can and take your money.
She really cares and loves what she does and she wants to attract quality clients who
are going to be respectful of the area, not people who are going to come in and trash it.
January 24, 2017
63
The brides who I imagine her having are the ones who are coming because they love the
area and they love the facility and they want to do good things. I’ve heard a lot of
people have a lot of concerns about the area. She has this wonderful farm. She plans
to keep it whole. She wants to keep the facility whole. It’s her family home. She’s not
going to subdivide it. As far as the Appalachian Trail goes, I’ve been through that area.
It can be crazy on the weekends with all the cars parked and the people walking. It can
get scary. I don’t know, maybe if we can attract more revenue to this area, maybe we
could come up with ways to widen roads, build crossover bridges, something if we can
bring more revenue in. The tourism in this area we know especially in Botetourt we’re
trying to grow tourism. People will come in to visit for weddings. They’re going to come
back. Kim sounds like she is willing to compromise. As far as quiet, I live in the
country. My neighbors shoot their guns, they drive their four-wheel drives, they blast their
mufflers, and they have their hunting dogs. We take the good and the bad. What she’s
selling, I think would attract brides who really appreciate it. I’m sure there was some
compromise to it first when people brought in the Homeplace. I know people who travel
from all over to eat there and visit. So hopefully there is a compromise. Thanks for your
time.”
Chairman McNamara closed the public hearing.
Supervisor Hooker stated she wanted to echo Chairman McNamara’s
sentiment that going through this process is not an easy process because there are
people on both sides that have valid concerns, valid issues, and there’s a lot of
heartache in going through this whole decision process. There were a lot of things to
consider. It’s a beautiful event hall. It’s a place where I think anyone in this room would
be proud to get married there and Kim is obviously a wonderful hostess. I think that
she’s doing things to try to be a good neighbor. I think the rope lighting is an indication of
that. I think that the Catawba valley is beautiful and I think one of the best assets to the
Catawba valley are the people. I would like to see that, Louise Garman said earlier
tonight that neighbors are helping neighbors and that there is a spirit of cooperation
here. Mr. Chairman, I’m at the point to where I want to make a motion and then I’m going
to need some help from my peers on the Board with a couple of sticking points on some
of the conditions. So if we could just open up the floor to discussion.
Supervisor McNamara asked if Ms. Hooker wanted to make a motion.
Supervisor Peters stated they wanted discussion first.
Supervisor McNamara advised that is not Parliamentary Procedure with
Supervisor Peters responding, “No, it is not.”
January 24, 2017
64
Supervisor Peters stated that the Board has heard a number of concerns
and he is like the lady from Catawba. The current noise ordinance will cover, he would
think, the issues related to the noise concerns. There is concern about the number of
people and thinks the Board also needs to address the frequency of these events; as it
has been illustrated tonight that there could be something every day, every week-end
and he understands as a neighbor he would not want that either. So, he would like to
have the Board vet that out. Supervisor Bedrosian stated as he is listening, this is great
discussion and he was telling one of his colleagues that this is probably one of the best
meetings he has been through because there are actual citizens giving their opinions on
things; what effects their lives and things they aspire to do. One the one side, we have
someone aspiring to fulfill their dreams and on the other side we have people that will
be effected. He always likes to come to a win/win and as he is listening, it seems like a
win/win is possible. If both sides are willing to not get everything they want. He thinks
that is possible here. He is going to echo some of the things. The lady from Catawba is
looking for the Board to help with some of these. The ones he came up with, which are
the same and are the amplification of sound, how often they will have these events and
the amount of people that show up. This is not difficult to resolve, everybody meet in
the middle. So, the person that is having the venue does not get everything that they
want and the people that live around don’t get everything they want and they come to a
compromise in the middle. This would go on for some time and if it works and people
can work together and we can see how it goes after that. What the Board approves
now is something both sides can win and thinks it is very possible. It does not have to
be endless amount of people. We were just talking about all the small venues. This is
a small venue type of operation. So, he is thinking, okay, we talked about 80 or 100 up
to 125. You can make it 135, 140 capped. See how that goes and then about the
amount of time, you limit the amount of times you can have during the year. So, they
agree, it is just going to be whatever, 15 times a year. You start with that so both sides
are happy and we can all live together and be happy and you start with that. You start
thinking about how you can make it. Can you make it with 15? What is the absolute
number that would make it a viable thing? As thoughts are, he thinks those would be
two good ones. Amplification, can’t we start off with we do not have amplified music.
You can have music. A wedding is a beautiful celebration. So, let’s start off where we
don’t have amplified music. Let’s have music and that kind of venues. So, you have a
beautiful, gorgeous location. You have a max of 130-135 people. You limit it to 15
times a year, whatever, during certain months so the neighbors still have a lot of time to
go out when there is nothing happening, but the person who has the venue can also do
it.
January 24, 2017
65
This is a starting point that is approved and you see how it works and you make it
happen as a starting point. So, he would offer up those things as suggestions to where
it can be a win/win and both sides can be happy and fulfill their dreams and maybe not
get everything, but be happy enough. It sounds like such a waste not to have it
because of the pictures he has seen. It is gorgeous. He has four girls and one boy. He
thinks it would be a gorgeous place to have a wedding, but also he understands when
people say, “Would you like it next to your house, every weekend or every day,
possibly?” It will be successful, as gorgeous as it looks. So, he thinks that would be
kind of a compromise.
Supervisor Hooker stated she is ready to make a motion, but before she
does she would like to get some conversation about limiting the number of events and
she wants to do this in a way that is reasonable without being too difficult for staff. She
does not want them to have to keep a calendar for what is going on at Triple J. So, if
she could ask Mr. Thompson, she is sorry that she is putting him on the spot, but would
like to talk to him about what is reasonable, what is enforceable.
Mr. Thompson stated staff has had conversation, obviously, they have
talked to the Bono’s and a conversation among staff as to, “What is an event?” This is
the first thing that he thinks you need to figure out. It seems like there are different
events. The issue that causes the most angst amongst the neighbors is the outdoor
wedding event, or anything that is outside. The question is if someone wants to have a
meeting there as a church group inside the building and there is nothing outside, that is
an event too. So, we are counting all of those as separate events and that is what they
were trying to figure out. What are we looking at; so many outdoor weddings and then
there are the meetings that could happen inside. Regarding the sound, we also talked
about whether sound should just be in the building. Should it be on the porch; should it
be limited to the building itself as a way to keep it contained with the building. So, there
are a variety of different ways. For those events, he thinks there will be a way for the
applicant to get the numbers. He is sure the neighbors will keep the County informed of
what the total number of events are. The other thing that comes up with an event. So,
if you have a wedding on Saturday and you have a rehearsal dinner on Friday. Is the
rehearsal dinner an event or is the whole thing considered one event. Where do you
start drawing those lines? As long as we are clear on what they are that is fine. If you
are going to limit to so many events, what does an event mean?
Supervisor Hooker stated if they have a birthday party where there are
thirty (30) people are the neighbors going to say that is an event? Supervisor Hooker
added she thinks we are really struggling with how to count those events and that was
her one heartburn in even limiting initially, but she understands the concern about if this
is going on three or four times a week, it would be too hard on the neighbors. So, she
needs some help from her colleagues.
January 24, 2017
66
She struggles a little bit with the two times a month and she will go ahead and say out
loud right now because there is a certain time of year, the spring, summer and early fall
and that is a fairly limited time and if we want to say two times per month, we are really
limiting their viable times for business for an outdoor wedding. So, she is struggling with
that and will take suggestions from her colleagues on that also. She would like to have
some consensus going on this.
Supervisor Peters stated he would say as we have heard a couple times
tonight, this is our first time and he thinks if this is going to move forward and he has a
sense that it is, to say two (2) times a month for outdoor activities does not limit thirty
(30) people from the church from doing something inside the barn. So, you are saying
twice a month, limited to outdoor.
Supervisor Hooker stated so does that say one event is the rehearsal
dinner and one event is the wedding? Supervisor Peters stated two times a month,
based on the conversation we had earlier, you would basically be looking at the week-
end. The week-end is the timeframe, because as Mr. Thompson said, you have
rehearsal on Friday night or afternoon and Saturday morning or 11:00 a.m. or 12 noon
or whatever it might be. So, the question he has if this is going to move forward would
we not look at limiting it, how else would you limit it.
Supervisor Bedrosian stated when we do something like Friendship Manor
who had an event and had to get a permit for that one event.
Mr. Thompson added this was once a month for the summer.
Supervisor Bedrosian added, since this is our first time in going down this
path and he agrees that we do not want to do it wrong; we want to be cautious and yet
he is going back to this thing because he thinks it is very important. He is a liberty guy
and he wants everybody to pursue their dreams and have it and sometimes two dreams
collide, which we are seeing now. We have one dream where you have your place out
there and the other one has a dream of building something. He would really love it for
both sides to win. So, in the beginning, why can’t when they are ready to do an event,
they let us know. We mark it down, so in the very beginning we are holding hands
walking down and keeping track of the events that are going on and we have that way
to limit the amount and we give a number, whatever that number is going to be, 12 or
15, and in the very beginning we do it this way so that both sides can win and enjoy
what they want in life. Two or three years down the road, maybe everybody says, “You
know what, maybe this wasn’t as scary as we thought it was” and we have another
meeting and it becomes a little bit bigger, he does not know, but for right now for both to
be able to win, we start small. The deal is every time an event is going to occur, they let
Roanoke County know so we don’t have people spying. They need to let us know and if
they do an event without letting us know, that is not good on their record of making this
any bigger in the future.
January 24, 2017
67
So, we do that and we have a number. He would agree that it is hard to say it is going
to be two a month, but if you give it a number, they could use up the number at a certain
time because that is a popular time to have a wedding. It seems like what we were
saying before was someone said it was April, May and June. He guessed they were
good wedding months, but you might want to do some in the fall.
Supervisor Hooker commented she thinks the fall is a real popular time
frame and she just got another suggestion and she would like to hear feedback from her
colleagues on this suggestion too. If we say April through September are the most
dominant months for a wedding (through October per the petitioner), so if we say for all
of those months, April through October, there are a certain number of weekends that
are free, event free, that would give everyone a break. So, if we say for all of those
months, April through October, there will be 7 week-ends free. If we went in that
direction, she does not want to restrict their ability to earn income, but she does want to
give the neighbors some respite and if we are talking about mostly weekend events, we
need to be compassionate there on both sides. She would like to hear comments on
that.
Supervisor Peters stated roughly, if you are looking at seven (7) months
that would be 28 weekends, and you would have seven (7) as respite.
Supervisor Hooker then stated if there were no further comments, she
would like to make a motion and then have further discussion. Supervisor Hooker
moved to approve item M.3 and read through the list of conditions so that everyone is
clear on what these conditions are. On number 1, she is going with the suggested
change,
1. The site shall be developed in general conformance with the concept
plan dated January 23, 2017, subject to those changes, which may be
required by Roanoke County during the plot plan review process.
Event activities and event parking shall be limited to the designated
area set forth in the concept plan dated January 23, 2017.
2. Signage shall be limited to one freestanding sign measuring thirty
square feet in size and ten feet in total height. Digital and LED sign
faces are prohibited.
3. Portable sanitation services shall be fully screened from public view.
4. Parking shall be prohibited on Blacksburg Road.
5. All exterior lighting fixtures shall be designed, located and arranged so
as not to direct glare on adjoining streets or a residential use type. The
intensity at adjoining streets or a residential use type shall not exceed
0.5 foot candles.
6. Using or operating a loudspeakers or microphones shall be allowed
between the hours of 12:00 p.m. and 9:30 p.m. Loudspeakers, if used,
shall be positioned so that sound is directed away from neighboring
residences. Musical instruments shall not be connected to
loudspeakers or any other sound amplification device.
January 24, 2017
68
7. Restrict to 150 guests.
8. Limiting the number of events from April to October with seven (7)
weekends free
Supervisor Hooker then asked Mr. Thompson if this was doable.
Mr. Thompson responded what he would prefer if there were an actual
number to allow. Supervisor Hooker stated instead of stating it in the negative. Mr.
Thompson stated so 28 weeks or 21 events. Supervisor Hooker stated seven months
times four is a total of 28 weeks. If we took away 7, that would be 21 potential. Mr.
Thompson stated but you probably would have some potential overlap and it is probably
more than 28 weeks.
Chairman McNamara stated 26 weeks, one half a year, 52 divided by 2 is
26. Supervisor Hooker then asked if 26 weekends is a reasonable number and asked
her colleagues to comment. Chairman McNamara stated that would be every weekend
Supervisor Hooker stated that would be every weekend in that timeframe so we have to
go back to the 21 and that would be at least 7 free weekends.
Supervisor Bedrosian stated Chairman McNamara was saying 26
weekends in that time period.
Chairman McNamara stated it would be 19.
Supervisor Hooker stated there are seven months between April and
October.
Supervisor Peters stated there are 28 weeks in that time period.
Chairman McNamara added that is correct, probably 30 weeks.
Supervisor Hooker stated if we say 21, there is going to be several
weekends available. Supervisor Hooker asked if we stated 21 events between April
and October; is that enforceable.
Mr. Thompson asked if they were counting an event as an outdoor
wedding. Supervisor Hooker stated we are counting it as a weekend. So, we are
including if there is a rehearsal dinner and a wedding the next day. Mr. Thompson
inquired if there was no limit on the number of meetings or other small events.
There were several outbursts from the floor.
Chairman McNamara asked for a motion.
Supervisor Hooker stated we are going forward with what she read and
then we are going to say between the months of April through October we are going to
allow 21 events through the months of April through October.
Chairman McNamara seconded the motion.
Supervisor Assaid stated with 21 events we are saying we are limiting
them to only weekends and not during the week at all. What if they want to do
something outdoors during the week? So, are we saying 21 weekends or 21 total
events no matter when it is? Supervisor Hooker stated her intention was weekends.
January 24, 2017
69
Supervisor Bedrosian added he would say you would have to have the 21
events either weekday or weekend. What you are going to have is 21 events and all the
weekdays filled and that would still be in her parameter.
Supervisor Hooker explained it is not her intention to have every day.
Supervisor Bedrosian stated so 21 events during the year and that is the
compromise we are making so that both sides will be happy. If you want to do an event
on Monday and have a church group over, that is an event, and you need to let us
know. So, you will need to prioritize where you are spending your time and how you are
doing it and the neighbors will know there will only be 21 events. Just trying to get that
compromise that would make both sides happy. He would say it would need to be
events anytime and let us know.
Chairman McNamara stated the motion on the table, just to verify, is 21
weekends. Supervisor Hooker stated her intention was for 21 weekends and between
April and October. Chairman McNamara stated that is a little bit different than
Supervisor Bedrosian’s interpretation of the motion.
st
Supervisor Assaid inquired from April 1 through October 31?
Supervisor Hooker confirmed and then stated she has not heard anything
at this point, because they need to report when they are having an event and is that
something they would need to do?
Mr. Thompson advised if Supervisor Hooker wanted to add that it would
be easier for staff to keep track off.
Supervisor Hooker then stated so we will ask that when they are having
their events they can keep track and know when they are having them.
Chairman McNamara stated from a clarification standpoint would you
entertain they would report for a year and then leave it up to staff to determine if they
think it is necessary. He thinks we want to put something on in perpetuity that the staff
will take care of and not have to come back to the Board. Supervisor Hooker stated that
is correct.
Supervisor Assaid stated he did not want to put the burden on County
staff. Who are they reporting to? They will pick up the phone and call Mr. Thompson
every time they have an event on the weekend. He stated that it is his opinion that
should not include that reporting; it is not something that our County staff should be
doing.
Supervisor Bedrosian commented we are doing what we should be doing
up here. He has been hearing some comments. We are trying to make it the best for
both people and some great ideas have come to this Board tonight and that is why we
do this. So, bear with us as we discuss. This is for everybody’s good to get the best
thing. He stated he is committed that those who want this venue should have this
venue with a limited scope because he is committed also that those that live by should
live in harmony.
January 24, 2017
70
He is committed that this should happen. What he is concerned about is there are a lot
of little nuances that would be great if the two parties could get together and somehow
come up with the best way that everybody would be happy and maybe you all would
feel that you are having to do something to make it pass. It is not his area; he is just
bringing this up that again he is committed because this is a good thing, but just the little
nuances of all these little details that need to be worked out and if this is the appropriate
time and these ideas you think are solid since we are just discussing them now and he
is fine with that.
Supervisor Hooker stated this is what we are saying that we are going to
put out as conditions. If they want to continue the conversation, which she would really
applaud if they wanted to continue those conversations and have agreements between
neighbors she thinks that would be a great community thing to do. She stated she is
ready to go forward for a vote for what she has proposed and if she needs to clarify
again with her eighth condition, she is happy to do that.
Chairman McNamara asked Ms. Hooker to clarify the eighth condition.
Supervisor Hooker stated the eighth condition will be a limit of 21 events
and report to staff for one year when those events will happen.
ORDINANCE 012417-8 GRANTING A SPECIAL USE PERMIT
FOR THE OPERATION OF A SPECIAL EVENTS FACILITY IN A
AG-1 (AGRICULTURAL/ RURAL LOW DENSITY) DISTRICT ON
A 14.954 ACRE PARCEL LOCATED AT 5198 BLACKSBURG
ROAD, IN THE CATAWBA MAGISTERIAL DISTRICT (TAX MAP
NO. 14.00-01-08)
WHEREAS, the first reading of this ordinance was held on December 19, 2016,
and the second reading and public hearing were held on January 24, 2017; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on January 3, 2017; and
WHEREAS, the Planning Commission recommends approval of the petition with
conditions; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to allow the
operation of a special events facility on in a AG-1 (agricultural/ rural low
density) district a 14.954 acre parcel located at 5198 Blacksburg Rd. (Tax
Map No. 14.00-01-08), in the Catawba Magisterial District, is substantially in
accord with the adopted 2005 Community Plan, as amended, pursuant to the
January 24, 2017
71
provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended,
and that it shall have a minimum adverse impact on the surrounding
neighborhood or community, and the said special use permit is hereby
approved with the following conditions:
2. The site shall be developed in general conformance with the concept plan
dated January 23, 2017, subject to those changes, which may be required by
Roanoke County during the plot plan review process. Event activities and
event parking shall be limited to the designated area set forth in the concept
plan dated January 23, 2017.
3. Signage shall be limited to one freestanding sign measuring thirty square feet
in size and ten feet in total height. Digital and LED sign faces are prohibited.
4. Portable sanitation services shall be fully screened from public view.
5. Parking shall be prohibited on Blacksburg Road.
6. All exterior lighting fixtures shall be designed, located and arranged so as not
to direct glare on adjoining streets or a residential use type. The intensity at
adjoining streets or a residential use type shall not exceed 0.5 foot candles.
7. Using or operating a loudspeakers or microphones shall be allowed between
the hours of 12:00 p.m. and 9:30 p.m. Loudspeakers, if used, shall be
positioned so that sound is directed away from neighboring residences.
Musical instruments shall not be connected to loudspeakers or any other
sound amplification device.
8. The number of people at each event shall be limited to 150.
9. Events may be held at the facility each year from April 1 through October 31.
The number of events shall not exceed 21 per year. During the first year of
operation (2017), each event shall be reported to the Roanoke County
Department of Community Development in advance of the event.
10. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or part of ordinances in conflict with the
provisions of this ordinance shall 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 Hooker to adopt the ordinance, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Bedrosian, Hooker, McNamara
NAYS: Supervisors Assaid, Peters
January 24, 2017
72
4The petition of Valley Management Co., Inc. and Friendship Health
.
and Rehab Center South, Inc.: to rezone approximately 2.93 acres
from R-1, Low Density Residential, District, C-1, Low Intensity
Commercial, District, and C-1C, Low Intensity Commercial,
District with conditions to C-2, High Intensity Commercial,
District, remove proffered conditions, and obtain a special use
permit for a nursing home and life care facility; and to rezone
approximately 10.15 acres to amend a proffered condition and
amend special use permit conditions on property zoned C-2CS,
High Intensity Commercial, District with conditions and special
use permit. The amended conditions deal with conformance to
the concept plan and architectural renderings, and screening and
buffering requirements. The properties are located at or near
5647, 5665, and 5669 Starkey Road, Cave Spring Magisterial
District (Philip Thompson, Deputy Director of Planning)
Mr. Thompson provided an overview.
Chairman McNamara opened and closed the public hearing with the
following citizens to speak:
Karen Vietmeier stated she lives at 460 Blue Bell Lane in the current
retirement community. She and her husband moved here six years ago, but the
planning started before that. They searched far and wide for the perfect place for their
retirement and we settled on Friendship because of its reputation and longevity and we
have been more than impressed with the professionalism of their management, their
planning and their staff. We are good neighbors for our current facility. She believes
the residential area around them is pleased that they are there. They have security.
They feel very safe and secure. They maintain the facility wonderfully. She is very
impressed with the plans; only read briefly in the paper. She hopes the Board will
favorably approve this because she can understand neighbors being concerned, but
Friendship residents are good neighbors. They moved there because they wanted to
be in a good community. They did not want to buy a home and be isolated in their
retirement. They wanted to live where they were in a community and she is very
pleased they are putting in a memory care unit. It is very important. As long as people
live these days, more and more have a need for that. Her mother was in a memory
care facility and what they are planning is modern and meets newer needs as they have
studied. She really hopes the Board will favorably approve this. She knows neighbors
can be concerned about traffic, but she knows they will work very hard to be good
neighbors.
January 24, 2017
73
Rudy Vietmeier at the same address. At Friendship, he rediscovered the
neighborhood, which he thought he would never see again because neighborhood is a
casualty of the car culture. When you living in a housing track like they did all of their
years, the only think that you saw of your neighbors was drive down the street, the
garage door opened, the car pulls in and the garage door closes and that is all you see
of them. He never thought he would see neighborhood come back, but at Friendship, it
has. They are not a car culture; they are neighbors and it is like that line in the sitcom,
“everybody knows your name.” That is the way it is at Friendship and if the new facility
at Starkey is anything like the one on Hershberger, it will be an attraction for Roanoke to
be a retirement destination. He thinks there is great potential for that and he thinks this
new facility will add to that.
Diana Lewis stated she was speaking on behalf of the families at the
Friendship Center on Hershberger Road. Upon the recommendation of her Aunt,
Barbara Fuller, and her memory care specialist, she and her husband choose
Friendship because of the competitive cost, the level of care, the onsite pharmacy and
the activity programs. The staff is friendly, efficient, caring and the food is great. They
have seen improvement in her Aunt’s disposition, personality and also her memory in
such a short amount of time. The activity director provides daily activities to her keep
her mind enabled and to keep her mobile. Her cousin is the first one of the bus to
attend any activity. She is down there early because she wants to help “Miss Julie” with
her activities and she has made many, many friends, especially the ones named
“Barbara.” We are truly blessed to have chosen Friendship as her end of life destination
and would it to be hers also. She is positive that Friendship Center South will be run
with the same quality and excellence as Friendship Hershberger and it will be an asset
to the community.
Ricardo Hernandez stated he is a newcomer in comparison to all the
people that have lived at Friendship for so many years. He and his wife, a retired Army
Lieutenant Colonel, were living in Jacksonville, Florida because he had a brother there
and they moved there to retire. They lived in Maryland for thirty years and when he
passed away, they decided to look for a new place. So, they did their research and
Friendship Roanoke showed up and he had never heard of Roanoke before.
Continuing with the research, Friendship showed up and after the application they
submitted, they were accepted. They were welcomed to Friendship with a big smile and
open arms. Let me tell you that they have not regretted the decision at all. He also
wanted to mention that he is a part-time bus driver for Friendship. They gave him a job.
They not only received him into their home, they gave him a job and they allowed his
wife to travel with him every time he goes on a trip, because a year ago, he wife was
diagnosed with a rare brain disease with mimics Alzheimer’s; eventually, she will need
memory care.
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There are not that many facilities in this area that offers that. Friendship will offer that in
this new facility. So, he would like to say that Friendship is not only an asset to the
community, it is also a blessing. Like they said when he came here, “welcome home”
and that is the way we feel about friendship. He says he calls his wife his American
Express because he never leaves home without her.
Elizabeth Gebbert stated Friendship is a great place and will be an asset
to the neighborhood because they keep it beautiful and it is a good group of people.
Just remember, you all are going to get as old as her. You are going to need more of
these places in town.
Linda Kolnok stated she does not live at Friendship; she lives across from
Friendship at 5644 Rockbridge Court, which is directly across from the new rehab.
There are 17 condos and it is a very nice little community. They have all kinds of
people, widowers, widows, one family has a teenage son so it is a nice group of people.
They had to put up with a lot when the construction was going on up there. They
actually had to put a sign up at their entrance just to keep construction vehicles from
coming down her street and turning around on their private street. They had to put up
with the construction traffic, noise, muddy roads, drainage while construction was going
on and a lot of worker’s litter. They are not looking forward to that again. Also, now that
Friendship Rehab is open, they hear a lot of noise from the fire drills, fire departments,
ambulances and the delivery trucks. When she attended the information meeting on the
building of the rehab, they said there would be little traffic because the employees are
on different work times and most rehabs do not have a lot of visitors since the patients
are there temporarily. Well, every time she looks up there, when she goes out or comes
home, that parking lot is just about full. They say the employees park behind the facility
so this is guest parking up front. Traffic on that end of Starkey is heavy and their traffic
has added to it. At certain times of the day, mainly between 3 and 5:30 p.m., it is hard
to turn off her street onto Starkey going either way. Coming home on Starkey, heading
South, she has to sit in traffic during these times backed up to Woods Crossing Condos
and inch her way down to make a left onto her street. Her concern is the traffic from the
new building they want to build. They are requesting approval for 20 memory care and
34 independent living, which she considers senior living apartments. Yes, we do need
more memory care units in the Roanoke Valley, but we don’t need 34 senior apartments
on Starkey Road. These people will be able to drive and care for themselves so they
will be in and out Starkey Road along with the employees. This area of Starkey has an
incline so this could be a problem for seniors to see southbound traffic until it is upon
them. They don’t need any more traffic at the end of Starkey and Buck Mountain. It
backs up to her street enough. Forty years ago, she lived on Hershberger Road for one
year. It was terrible to try and pull out from the side street onto two lane Hershberger
Road. At that time, Friendship was not what it is today. We don’t need two lane
Starkey Road to be like Hershberger. The Board can control what they do on Starkey
Road. Please don’t approve this request. Thank you for listening to their concerns.
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John Beisley stated he is here in support for the need for the memory care
building like the one at Friendship wants to build. He shared some of the reasons we
need these facilities. In regards to his personal experience, he spent the last five years
working with seniors. These seniors are mostly in their 80’s and 90’s. The prevalence
of dementia for this age group is roughly 50% and this incidence is projected to at least
double and potentially triple as our population ages. Currently, in this part of Virginia,
we already have 42,000 cases of dementia, just in this part of Virginia. A memory care
facility is a safe, secure, lock-down facility. It is staffed with trained professionals that
know how to provide the appropriate care for these individuals. It is the only place that
is appropriate for people with advanced dementia. Our homes are not safe or
appropriate nor are nursing homes or any other types of long-term care facilities.
Research has shown the many benefits of memory care facilities like the one Friendship
wants to build. A safe, secure, physical environment is crucial at this time for these
people. People who live in a memory care facility feel better about themselves and
have better overall moods. It reduces depression and increases overall happiness. A
memory-care facility can also reduce the need for some medications and thus their side
effects. A secure place also decreases falls and injuries resulting in fewer emergency
room visits, therefore, fewer rehab stays. Currently, there are just not enough memory
care facilities available right now in our area. The choices we have are very limited. If
we currently don’t have appropriate options for these people, how are we going to
effectively deal with these needs in the future and especially since we know that the
amount of people with dementia is only going to double and possibly triple as our
population ages. If we don’t plan now, build these facilities now, we will never be
prepared. In closing, one of the tag lines of the Alzheimer’s association likes to use, “If
you do not currently know someone with memory loss, then you will most certainly know
someone in the near future.”
Dustin Morris stated he is the Administrator at Friendship Assisted Living
and it is his privilege to speak on behalf of one of his family members who sent a letter
that he wanted to read an excerpt to share that with you this evening. It is from Melinda
Sarver and her parents live with us at Friendship Assisted Living. “I am writing on
behalf of Friendship Retirement concerning the items of rezoning, which is on the
agenda for this evening. Unfortunately, I cannot attend this meeting due to a previous
commitment. It is my understanding that Friendship Retirement wishes to get an
approval to move ahead with Phase II of their building, which would include a memory
care facility and the possibility for a couple to stay together if one were to need care and
one does not. My parents currently reside at the Assisted Living Facility on
Hershberger Road. While they receive excellent care, my mother’s progression and her
diagnosis is becoming more difficult to provide for her needs. My father is of sound
mind.
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We are trying to keep them together as long as we can. They have excellent insurance
policies, which in the event a memory care facility would become available would pay
100% of their needs. However, we are paying privately for 24-hour sitters due to the
fact that the facility is not equipped with patients who need additional supervision for
wandering. This has taken a toll on my father’s savings account and it reaches in
excess of $12,000 a month to cover their care. Should this approval be granted, it
would provide a much needed service to many residents who need increased level of
care and the chance for couples to stay together in a safe environment. I would
appreciate your careful consideration on this item on the agenda.”
Diane Eakin stated she is a New Castle resident and she came to speak
of the value that Friendship has brought to her and her father’s life. He is 90 and moved
into the Friendship independent living on Hershberger in the spring of 2015 and since
he moved in there he has absolutely thrived. He is the happiest he has been in a long
time. He has a social life and a girlfriend at 90. So, there are a number of ways that
Friendship brings value to his life. He engages in the stay-fit program where is pays a
very reasonable rate to have the Friendship taxi pick him up, take him across the street
where they have the outpatient therapy and he has supervised exercise twice a week
and then goes back. He has gotten stronger. His mind is sharper because of the
exercise. He gets up once a week and rides the bus with the other old folks. He lives in
a five-story building and most of them do not drive; he rides the bus to the grocery store,
to get haircuts and sometime he takes his girlfriend and helps her with her groceries.
Also, once a week she has an aide, a CNA, take him out for an hour or so. He will go
visit her brother or whatever he wants to do in in time of freedom. One time he went to
visit his sister and she called to brag on this CNA that was caring for him. She stated
she doted on him and cared for him like she would. So, that gave her a great peace of
mind to know he is being cared for by someone else who does not know him. On
Fridays, a lady comes in to clean for him. She has a list, but she is just perceptive and
sees that things need to be done and she does it. She straightened up his Christmas
tree when he knocked it over and when she is done she sits down and talks to him and
cares for him. We care for her like she is part of the family because she cares for him
so well. So, she did not anticipate all of that when her dad moved in. In summary, from
the value of Friendship, she cannot express what it has meant to her. She works, she is
a traveling sales person, she is a mom and she has a 9 year old and they have made it
possible for him to remain independent until he is ready for the next level. She did
speak with some nice ladies who live in the Starkey area and they were telling her about
their concerns, traffic issues, the trucks and there is apparently a place where trucks
can go up a hill to fill up and sounds like there is a traffic issue for the residents already
in that area.
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She was thinking about the community that she is exposed to on Hershberger. It is very
calm, quiet, clean and peaceful. She does not think of it as an area that would bring a
lot of impact from a building of retirees. So, in conclusion, if you do approve it she
thinks it will bring immense value to Roanoke County and whether you do or not seems
like it would be a good idea to consider a study to see if you could elevate traffic for the
residents in that area.
Beverly Jessup stated she lives off Buck Mountain Road about five
minutes from the rehab. She was very glad to see that rehab come there. She has
been married sixty years and it has come the time that thoughts have entered in as her
husband is older than she is. Where are we going to live; driving problems have
already started coming up for him. When she heard about this rehab, she thought
maybe they will building some more onto that place and now she hears that is in the
plans. Sooner or later, every one of you sitting there is going to have the thought, what
are we going to do, where are we going to live, when we get older who is going to help
take care of us. It was exciting to hear about these apartments because if her husband
ends up in the rehab or dementia area, not that he shows anything like that now, but
she could too; there is an apartment there where they could be together. She has lived
in this area for forty years and she does not want to move over to Salem. Her church is
here. The people that she loves are here. The people that she knows are here. If she
has to move over way off, even though there are friends in the building, you might as
well move her a hundred miles away. Sometimes friends mean more to us as we grow
older in a sense than even children because children move all the way off to the other
end of the country, but our friends all seem to stay huddled together in a little area, or
your church, and they are the ones that have the time in the daytime to come see you.
They are the ones where someone still drives will gather up some and come see you.
They don’t want to be isolated from their friends, their church and their family. They
want to stay in the area. She thinks about the people and all that racket and mess from
the construction. It will probably be pretty bad for a couple of years, but then she thinks
there are worse things. What will happen to them in a few years whenever ones mate
has to go into the dementia building? To her, having that place in this area not off of
busy Rt. 220; not up on top of the mountain where her friends who have stated they
cannot drive over there and face all that traffic in getting there. It would mean so much
for contentment when they are older to have a place over here where they can go with
our loved ones or take our loved ones. So, she would ask the Board to bear with all of
the mess because the day may come after that you might need it yourselves.
Roi Mitchell stated he lives at 5680 Starkey Road and he is here to
oppose the proposed development. His primary reason for opposition is the 67 ft.
height of the building. He has no qualms about the care that Friendship provides. We
have heard about that tonight. He is also concerned with the traffic.
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He lives two doors from the intersection of Buck Mountain and Starkey Road and as the
lady said just a few minutes ago, we have traffic backing up several times a day from
Buck Mountain Road all the way past Woods Crossing. He has seen ambulances come
and sit waiting to turn into the existing Friendship facility when that traffic has been
backed up. Sometimes, obviously, another car will pull forward when able and then the
ambulance can get in there, but you only have that one area of excess into the
Friendship property. There is only going to be one area of access across the street
from where he lives and he questions the need for a 67 foot building; he does not
understand why with the amount of property that Valley Management and Friendship
has purchased on that side of the road why they cannot consider a different type of
structure. He does not think that building is appropriate for that area. He knows that
there is a 16 page report from Fred Corbett, who is one of our neighbors and at least
one supervisor has been out to the area and toured. There was a question about tax
exemption and he has been told by the Commissioner of the Revenue that Friendship
has talked to the County about getting a tax exemption for their existing facilities there
and the fact that Valley Management says to the County as long as we own this
property we will be for profit and what guarantee does the County have that six months
down the road or two years down the road that they don’t transfer it to someone else
and there is no longer any taxes coming in on that property. He thinks the important
thing is that we really don’t know. The County doesn’t know, the neighborhood does not
know what it is that Friendship plans to do with all the property that they have
purchased out there. They have purchased a lot of land on Starkey Road; there is
some on Crescent Blvd. The bottom line is what the neighborhood desires. We don’t
have Catawba Valley, we cannot see those large mountains and the wide expanse they
have out there. But, you know, we have what we have and we like what we have.
Change sometimes can be progressive and at the same time it is important what the
neighborhood wants and the neighborhood does not want this.
Warren Coburn stated he lives at 5633 Crescent Blvd. He did live at 5669
Starkey Road during the construction of that facility. His family went through literally h e
l l. These people will tell you they are good neighbors. They would rather climb a tree
and tell a lie than stand on the ground and tell the truth. You cannot believe anything
they say. They say that the existing rehab was going to be a rehab facility and it has
turned into a nursing home and rehab facility. Mr. Barnhardt said they were not going to
spend $18 million and have people that were in there on Medicare. Well, they are
there. It is his understanding from the staff at the County when they went in and it
became a nursing home, they would have to come back before the Board and get a
special permit to do that. This new facility and whatever else is going to come is tearing
our entire neighborhood apart. We have a diverse neighborhood; we have elderly
people like himself and his wife, we have young couples, single family home, duplexes.
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It is a nice little neighborhood, but is going to “hell in a handbasket.” There were six or
seven people that spoke in favor of this, but only one from the neighborhood. The rest
live out on Hershberger Road. Why don’t they build this facility out there? They think it
is great; let’s build it out there. He is sure that none of the Board would like to have this
in their neighborhood. He urged the Board to consider what this community is going
through, what they have been going through since 2012 and it is just going to be a
continuation from here on until he guesses they all die. He urged the Board to vote
against.
Melissa Kessler stated she lives at 5705 Crescent Blvd, directly behind the
property. She does not question the job Friendship does. Many of the people she
works with reside at Friendship or at one point are at Friendship and she visits there on
a regular basis. What they do is great. However, she lives right behind them and their
lights shine into her house. Their ambulance lights shine into her house. As they build,
her house is directly behind and is exactly what she would be seeing and that is what
bothers her. That is where they have cut down trees, some have recently been
replanted, however, as they build, everything everyone has said already, she is right
behind them and this is exactly what she will be seeing. She moved into her first house
six months ago. This is her first house that she chose because it is quiet; because she
has beautiful views; because she is close enough to the city part of Roanoke and yet
can enjoy the beautiful parkway that is right there. She does not want to sit on her front
porch in her rocking chair and see all of this going on for years. Construction, lights at
night, she wants to be able to see the stars. She wants those things to still be a part of
her community. She loves the neighbors that she has met and hope to meet more of
them. It is a good neighborhood and she wants it to stay that way and stay beautiful
and have a chance to enjoy it.
Chairman McNamara closed the public hearing.
Richard Sayers, attorney for the applicant reemphasized some of the most
salient points and to address a few issues. First, this is basically a three-story, multi-
family apartment building (see middle picture with south elevation that points toward
Buck Mountain Road.) This is the only time you will see underground parking. The
bottom picture is the North Elevation side and the Crescent neighborhood. As you can
see, you can only see the three-story apartment building. The tallest part of that
building is the mechanical room and houses the elevator and other electrical equipment
and is the part that is 67 feet. He pointed out that if you look at the top two pictures, you
will see that the mechanical room on top of the roof is slanted, sloped and the highest
point of this building of 67 feet is on the Southern side pointing toward Buck Mountain
Road. It is lower on the North elevation side, which faces Crescent Blvd. As was
mentioned here before, it is a special type of facility and similar to Salem Terrace. It
also has 20 memory care units. It addresses two specific needs for Roanoke County.
One is the growing population base of the elderly and second is the memory care
population. Someone mentioned there are several amenities that this particular
business model offers.
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The most important one is that it allows spouses of residents that do have some sort of
dementia or memory care needs to live basically in the same facility where they are able
to participate in, share in activities such as dining and other activities. There is a joint
dining room with a joint activity room. This facility also offers a porch for every single
memory care unit. It is an interior porch attached to the apartment to allow those
resident to feel more at home. The facility will also have an enclosed walking area. The
reason we will need additional property from Rehab South mainly is to address
topography and the buffering issues. By building the facility in the back onto the South
property that will be acquired will help save the current vegetation or a lot of the current
vegetation now. Anything that is removed, we have already advised staff would be
revegetated. If you are not familiar with the topography you know it slips down, the drop
off is precipitous on the back parcel and this area is in the flood zone. It limits as far as
the scope as to what can be built in the footprint of this property. We even looked at the
footprint of this property again from a design standpoint. The three-story apartment unit
is the minimum that would be required to make this facility feasible. To his knowledge,
there is no other planned elderly housing projects. Today, 28% of the demographic
basis, the population base that will be drawn to this facility is aged 65 and over. That
group is projected to increase to 38.6% as soon as 2020. One out of every 9 people,
aged 65 and over, suffer or are afflicted with some type of Alzheimer’s and 96% of
Alzheimer’s are 65 and older. We had the architect go back in to give us some ideas
with regard to the elevations and the floors on the back side. The highest most point is
67 feet, which is the one mechanical room, the roof line on the south view is 56.6 ft.
from the basement to the top of the parapet of this building. From the first floor level to
the top of the parapet is 41 ft. With these dimensions, the 67 ft. mechanical room would
extend approximately 13 ft. over the tallest portion of the rehab center. Just the
mechanical room. On the current design, the roofline of the new facility as well as the
top of the parapet will either be about the same as or lower than the top most point of
the Rehab Center. The memory care units will have a ceiling height of 14 ft. The
residential stories will be 12 ft. The goal of Friendship is to target the middle and upper
income individuals. It will be a first class facility. Staffing will mimic the Rehab Center
with three staff shifts (7-3; 3-11, 11-7). VDOT has already done reports that those traffic
shifts do not exacerbate or overlap the am and pm traffic times. It has always been
proferred on the tax issue as long at Valley Management, Inc. owns these properties or
any affiliated organization or corporation. The economic impact would be 15 to 20 new
jobs created. The facility itself is estimated to be a $9 million investment. Tax revenue
alone on a $9 million investments is $98,000 a year, real estate taxes. This is the last
developable piece of property on this part of Starkey Road. It is the last parcel not in
the flood way or flood zone and indeed a majority of the parts in the back is in the flood
zone. The uses in the neighborhood are industrial, office, business, churches,
condominiums, apartments, Rehab Center. There is a power station, storage facility,
the quarry, the nursery so you truly have a smorgasbord of uses here. He stated he felt
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this property would enhance the value of the properties in this area. It provides needed
housing in this part of the County.
Supervisor Bedrosian stated even on the last group that came in, it is
important to him to get a win-win. So he sees three issues: size (height of the building),
traffic and the tax exempt situation. Why do we have to say as long as Valley
Management or its affiliates owns this? Mr. Sayers responded it was requested by the
Planning Commission; just to make sure that the facility stays for profit. Supervisor
Bedrosian asked why would it matter if Valley owned it or not. Mr. Sayers advised
because Valley is for profit. They have no control whomever comes in if it were to be
sold. Ms. Kuhnel advised Mr. Sayers is correct, he and his entity cannot bind another
entity. This is an agreement between the Roanoke County Board of Supervisors and
Valley Management and affiliates. Supervisor Bedrosian then asked what is the fear
on everybody’s mind? Mr. Sayers advised potentially you could have a 501(c)3 come in
and buy it. Supervisor Bedrosian then asked if a tax-exempt comes to buy it, does the
Board have a say with Mr. Sayers and Ms. Kuhnel advising in the negative. Mr. Sayers
advised the are proffering this particular matter so that the Board does know going
forward as long as it remains in the Friendship Community, it will be for profit. Mr.
Sayers explained it was for any current or future affiliate.
Supervisor Peters asked the County Attorney, just because it goes to a
tax-exempt corporation if they were to sell it, would it not have to come before the Board
to become tax exempt. Ms. Kuhnel advised they would need to make an application;
nonprofit and tax exempt are not synonymous. The other question that he has is that
he knows we are altering the conditions on the original piece and why would you make
a taxable proffer in this piece. Mr. Sayers stated they don’t feel it has any bearing on
this particular rezoning. Mr. Sayers advised that Friendship Manor Health and Rehab
owns the other facility and it is a non-profit.
Supervisor Assaid inquired about the buffer yard that is adjacent to the
residential properties and asked Mr. Thompson if it related to the complaint about
shinning headlights into her house. Mr. Thompson outlined on the drawings the
buffering. Supervisor Assaid suggested a fence could block headlights.
Supervisor Assaid then asked about traffic on Starkey Rd. caused by the
backup from Buck Mountain Road. What can we do at the County as this is not caused
by Friendship? Mr. Thompson stated it was discussed with the Planning Commission
as to whether you wanted a temporary solution or long term. There is a
recommendation for more free-flow and a roundabout. One suggestion was shifting the
right turn lane.
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They are willing to donate the money for that and from an internal staff position, we
talked about using those funds for revenue sharing to build the ultimate project so that
the roundabout can come forward. Supervisor Assaid then stated when looking at long-
term solution, what is a realistic time frame? Mr. Thompson advised there is a limit as
to when that money has to be spent. There are other sources that can be looked at.
Supervisor Assaid stated they have heard several concerns about the
construction activity as it occurred with the original structure. There was a permit that
was asked for that came before the Board. Mr. Thompson advised they received a
noise ordinance waiver. Supervisor Assaid asked Mr. Thompson to confirm that it does
have to come back before the Board, with Mr. Thompson responding in the affirmative.
ORDINANCE 012417-9 REZONING APPROXIMATELY 2.93
ACRES FROM R-1 (LOW DENSITY RESIDENTIAL DISTRICT), C-
1 (LOW INTENSITY COMMERCIAL DISTRICT), AND C-1C (LOW
DENSITY COMMERCIAL DISTRICT WITH CONDITIONS) TO C-2
(GENERAL COMMERCIAL DISTRICT) WITH PROFFERED
CONDITIONS, AND GRANTING A SPECIAL USE PERMIT FOR
A LIFE CARE FACILITY, WITH CONDITIONS, ON PROPERTY
LOCATED ON STARKEY ROAD, IN THE CAVE SPRING
MAGISTERIAL DISTRICT (TAX MAP NOS. 087.18-01-38.00-
0000, 087.18-01-39.00-0000 AND 087.18-01-54.00-0000);
AND
AMENDING PROFFERED CONDITIONS AND AMENDING
SPECIAL USE PERMIT CONDITIONS ON 10.15 ACRES ZONED
C-2CS (HIGH INTENSITY COMMERCIAL DISTRICT WITH
CONDITIONS AND SPECIAL USE PERMIT) LOCATED ON
STARKEY ROAD, IN THE CAVE SPRING MAGISTERIAL
DISTRICT (TAX MAP NO. 087.18-01-37.00-0000)
WHEREAS, the first reading of this ordinance was held on December 19, 2016,
and the second reading and public hearing were held on January 24, 2017; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on January 3, 2017; and
WHEREAS, the Planning Commission recommends approval of the petition with
conditions; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the proffered conditions on property identified as 5665 Starkey Rd., in the
Cave Spring Magisterial District (Tax Map No. 087.18-01-38.00-0000) are
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83
removed as follows:
1. The footprint of the house will not be expanded.
2. The location of the parking area required for the office zoning will be in
substantial conformity with the site plan prepared by Dickson Architects
dated May 30, 1990.
3. There will be no residential or institutional use of the property following
expiration of the current residential leases.
4. Type C screening and buffering will be located where required by the
County staff.
2. The three parcels identified as 5665 Starkey Rd. (containing 1 acre; Tax Map No.
087.18-01-38.00-0000), 0 Starkey Rd. (containing 0.17 acre; Tax Map No.
087.18-01-39.00-0000), and 5669 Starkey Rd. (containing 1.77 acres; Tax Map
No. 087.18-01-54.00-0000), which are located in the Cave Spring Magisterial
District, are rezoned from R-1 (Low Density Residential District), C-1 (Low
Intensity Commercial District), and C-1C (Low Density Commercial District with
conditions), to C-2 (General Commercial District) with the following proffered
conditions:
a. The site will be developed in substantial conformity with the
Comprehensive Concept Plan dated September 27, 2016, titled “Starkey
Road Senior Living”, prepared by Freeman White subject to those
changes which may be required or permitted by Roanoke County during
comprehensive site plan review.
b. Taxable Entity. For so long as Valley Management Co., Inc., (“VMI”), or
any affiliated entity that is a member of the organization Friendship
Healthcare Community, owns the proposed facility, the owning entity shall
remain or be a for-profit entity and shall not be tax exempt.
c. Intersection Improvements. Upon receipt of the building permit and closing
on the financing for construction of the facility, Applicants will pay the
county, or other party designated thereby, the sum of Eighty Thousand
Dollars ($80,000.00) to fund the construction of road improvements at the
intersection of Buck Mountain Road and Starkey Road. At the county’s
request, VMI will also convey in fee simple or grant an easement for up to
Twenty (20) feet of frontage of its property adjoining Starkey Road, having
an address of 5701 Starkey Road and designated as Tax Map Number
087.18-01-42.00, to allow the county to complete the aforesaid
improvements.
3. The Board finds that the granting of a special use permit to allow the
construction of a nursing home and life care facility on the parcels identified as
5665 Starkey Rd. ( containing 1 acre; Tax Map No. 087.18-01-38.00-0000), 0
Starkey Rd. (containing 0.17 acre; Tax Map No. 087.18-01-39.00-0000), and
5669 Starkey Rd. (containing 1.77 acres; Tax Map No. 087.18-01-54.00-0000),
which are located in the Cave Spring Magisterial District, is substantially in
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84
accord with the adopted 2005 Community Plan, as amended, pursuant to the
provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and
that it shall have a minimum adverse impact on the surrounding neighborhood or
community, and the said special use permit is hereby approved with the following
conditions:
a. The site shall be developed in general conformance to the architectural
renderings titled “Starkey Road Senior Living” prepared by Freeman White
dated December 20, 2016.
b. Freestanding light poles on site shall be shielded “cut-off” types no more
eighteen (18) feet high and arranged so glare is not cast onto adjoining
properties.
c. No trash service or deliveries to the site shall take place between
11:00pm. and 7:00 am.
..
d. A business sign for the site shall be limited to a brick monument style sign
not to exceed four (4) feet in height and ten (10) feet in width or a total of
forty (40) square feet.
e. The nursing home use shall be limited to the twenty (20) memory care
units and the life care facility use shall be limited to thirty-four (34)
independent living units.
f. Any land disturbance in the 100-year floodplain shall be revegetated with
native species (trees and vegetation) common to floodplain areas.
Landscaping provisions shall comply with Sec. 30-92-5.1(B).
g. The nursing home and life care facility will have the following
improvements and safety features: all floors and underground parking
garage will be sprinkled, the parking garage ceiling will be concrete, the
ambulance access will be located on the main drive next to the front
entrance and the height of any overhang will be at least 13 feet 6 inches
tall to avoid any issues with the height of new ambulances, double headed
smoke detectors will be installed throughout the facility to reduce the
number of false alarms, standpipe connectors will be installed in each
stairwell, and staffing will be on a 24/7 basis.
4. The proffered condition on 5647 Starkey Rd. (containing approximately 10.15
acres; Tax Map No. 087.18-01-37.00-0000; zoned C-2CS (High Intensity
Commercial District with Conditions and Special Use Permit) is amended as
follows:
a. The site will be developed in substantial conformity with the
Comprehensive Concept Plan dated December 4, 2012 September 27,
2016, titled “Friendship Health & Rehabilitation Center South” “Starkey
Road Senior Living”, prepared by Freeman White, Inc. subject to those
changes which may be required or permitted by Roanoke County during
comprehensive site plan review.
5. The special use permit conditions on 5647 Starkey Rd. (containing approximately
January 24, 2017
85
10.15 acres; Tax Map No. 087.18-01-37.00-0000; zoned C-2CS (High Intensity
Commercial District with Conditions and Special Use Permit) are amended as
follows:
a. The site shall be developed in general conformance to the architectural
renderings titled “Friendship Health & Rehabilitation Center South”
prepared by Freeman White, Inc. dated September 2012, and in general
conformance to the architectural renderings titled “Starkey Road Senior
Living” prepared by Freeman White dated December 20, 2016
.
b. Freestanding light poles on site shall be shielded “cut-off” types no more
than eighteen (18) feet high and arranged so glare is not cast onto
adjoining properties.
c. A Type C buffer shall be installed along all property lines except for the
frontage along Starkey Road. If option 2 is utilized, a wood or vinyl
stockade fence and large evergreen trees (instead of large deciduous
trees) shall be installed. A Type C Buffer, option 1 shall be installed along
the southern property line adjacent to Warren Coburn's properties
(087.18-01-54.00-0000 and 087.18-01-39.00-0000) to include 2 staggered
rows of large evergreen trees. The duplex cottages shall be sprinkled.
d. No trash service or deliveries to the site shall take place between 11:00
pm. and 7:00 am.
..
e. A business sign for the site shall be limited to a brick monument style sign
not to exceed four (4) feet in height and ten (10) feet in width or a total of
forty (40) square feet.
6. That this ordinance shall be in full force and effect thirty (30) days after its final
passage. All ordinances or part of ordinances in conflict with the provisions of this
ordinance shall 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 Assaid to adopt the ordinance, seconded by
Supervisor McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Bedrosian stated it has been a great evening, it is great to see
a room full of people, and as he tells everybody as they come through, he really like to
see everybody win. Usually when you have discussions like this, there are two different
forces each one wants to do something they love to do and they clash sometimes and
he has to go with the group that has the best reasoning and unless there is something
major that tells him it is the wrong idea. We discussed issues out thoroughly, everybody
January 24, 2017
86
had an opportunity to talk and think that is the way our system should work. So, that is
good. Not to get too political, but wants to take time because there is a lot of stuff that
does around the Country and we see it on television. He just wants to pray for our
President, thank our president elect because he loves this country and loves seeing, he
was not his first choice, but he loves seeing the way he has inspired people and just
gotten down to business to make America as he says, “great again.” There is always so
much negative on it and thinks it is time people start getting positive. Look to him, thank
him and really pray for him to continue to do the right thing. It is our job to make any
elected officials accountable to what they say they want to do and he likes that and he
needs to follow the constitution and he likes that too. It is up to us to make him do that.
Again, all the best of luck, President Trump, if you are watching tonight. As always, just
a big plug for pro-life. It is a big part of America. It is a big part of the contentions we
have in America and he is a strong pro-life advocate. So, he always tries to tell his
constituents to tell the United Way to stop giving money to Planned Parenthood. United
Way does some good things, but they do that thing, which is very bad for America so he
would tell people listening go out and tell United Way to stop doing that.
Supervisor Hooker stated she would like to very quickly thank her
colleagues tonight in helping to work some of the issues for the petition that had a lot of
concerned citizens and thinks they did a good job with discussing those issues. She
stated she agreed with Mr. Bedrosian and thanked her colleagues for their help.
Supervisor Peters stated as usual he would like to thank our employees
and knows we had some flooding going on yesterday and appreciate everybody who
was out in the field working yesterday and to all our employees. He knows our Planning
staff has been working very diligently on these petitions that came before us tonight and
is thankful for what all of our employees do.
Supervisor McNamara stated he would like to thank staff. There were
some very difficult petitions and he thinks they did an excellent job of preparing the
Board, especially the last petition. It was very complicated to understand and thinks by
having meetings with the Board one on one to make sure they understood what was
being presented was helpful and helped make the evening run smoother. Thank you for
that. There was someone on this Board years ago and he said if everyone leaves mad
you probably did a good job. He hopes that is not the case, but certainly rezonings are
contentious and it is difficult for all sides and difficult for neighbors, whether it is
Catawba or Cave Spring or Hollins, it does not matter. So, hopefully, we provided
guidance will help create something that is truly beneficial for all involved. He is
pleased with the efforts of the Board and thanked the Board for their patience this
evening. It was a good a meeting that we could possibly have.
January 24, 2017 87
IN RE: ADJOURNMENT
Chairman McNamara adjourned the meeting at 11:23 p.m. to the Board
Retreat scheduled for January 28, 2017 at 9:00 a.m. at the Roanoke County
Administration Building; Fourth Floor Training Room.
bmitted by: Approved by:
.444 di all kJ" ar410
D- .orah C. `k• +oseph P. McNamara
Chief Deputy erk to the Board 2riairman
January 24, 2017
88
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