1/23/2018 - Regular
January 23, 2018
19
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of January 2018. 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 a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Hooker called the meeting to order at 3:01 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Martha B. Hooker, Supervisors George G. Assaid,
Phil C. North, Joseph P. McNamara and P. Jason Peters
MEMBERS ABSENT: None
STAFF PRESENT: Thomas C. Gates, County Administrator; Richard Caywood,
Assistant County Administrator; Daniel R. O’Donnell,
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
There were none.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
January 23, 2018
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1. Recognition of police officers and fire and rescue personnel who
volunteered disaster relief assistance to Houston, Texas and
Puerto Rico (Howard B. Hall, Chief of Police; Stephen G. Simon,
Chief of Fire and Rescue)
Recognition was given.
2. Recognition of the Department of Economic Development for
again being designated as an Accredited Economic Development
Organization (AEDO) by the International Economic Development
Council (IEDC) (Jill Loope, Director of Economic Development)
Recognition was given.
IN RE: BRIEFINGS
1. Briefing to discuss with the Board of Supervisors the County
Administrator's Proposed Fiscal Year 2019-2028 Capital
Improvement Program (CIP) (Thomas C. Gates, County
Administrator; Christopher R. Bever, Director, Management and
Budget)
Mr. Gates gave a brief introduction; Mr. Bever provided the briefing
through a PowerPoint presentation; a copy of which is on file in the office of the Clerk to
the Board of Supervisors.
2. Briefing to update the Board of Supervisors on the Mountain
Valley Pipeline project (Richard L. Caywood, Assistant County
Administrator)
Mr. Caywood provided the briefing. He indicated that MVP has received
all the approvals that it needs to move forward. Notice has been given to proceed in
West Virginia. He outlined the Community Meeting on Thursday, January 25, 2018, at
6:00 p.m. at Cave Spring High School.
IN RE: NEW BUSINESS
1. Resolution supporting the relocation of the Roanoke County
gateway sign on U.S. 220 in the Clearbrook area (Megan G.
Cronise, Principal Planner)
January 23, 2018
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Ms. Cronise outlined the resolution. Supervisor Assaid inquired if the new
sign has been discussed with the civic league with Ms. Cronise responding in the
affirmative.
RESOLUTION 012318-1 SUPPORTING THE RELOCATION OF
THE ROANOKE COUNTY GATEWAY SIGN ON U.S. 220 IN THE
CLEARBROOK AREA IN ROANOKE COUNTY, VIRGINIA
WHEREAS, Roanoke County has committed to replace and relocate its Roanoke
County gateway sign located in the U.S. 220 median in the Clearbrook area in Roanoke
County, Virginia, as part of the Roanoke County re-branding effort; and
WHEREAS, the relocated gateway sign and new landscaping will be located
1,100 feet north of the existing gateway sign, near the northbound on-ramp and off-
ramp for the Blue Ridge Parkway; and
WHEREAS, new landscaping will be installed around the relocated gateway sign;
and
WHEREAS, the Virginia Department of Transportation (VDOT) requires a
resolution of support from the governing body for locality identification or “welcome to”
signs in the public right-of-way.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, AS FOLLOWS:
1. That the Board hereby adopts this Resolution of Support to replace and relocate
its Roanoke County gateway sign located in the U.S. 220 median in the
Clearbrook area.
2. That the Board requests the Virginia Department of Transportation to approve a
Land Use Permit for this project.
3. That the Clerk to the Board is directed to send a copy of this resolution to the
Virginia Department of Transportation.
On motion of Supervisor Assaid to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION
1. Public Hearing and Resolution of Endorsement for a Virginia
Department of Transportation (VDOT) Comprehensive Roadside
Management Program Project for the Route 220 Median in
Clearbrook in Roanoke County (Bailey DuBois, Planner II)
January 23, 2018
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Ms. DuBois outlined the request for resolution and noted Stephanie Potter,
Marketing Coordinator for ValleyStar was also in attendance for any questions. There
was no discussion.
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this item.
RESOLUTION 012318-2 OF ENDORSEMENT FOR A VIRGINIA
DEPARTMENT OF TRANSPORTATION COMPREHENSIVE
ROADSIDE MANAGEMENT PROJECT FOR THE ROUTE 220
MEDIAN IN CLEARBROOK IN ROANOKE COUNTY, VIRGINIA
WHEREAS, ValleyStar Credit Union has committed to install and maintain
landscaping and signage for five years at the Route 220 median in Clearbrook in
Roanoke County, Virginia; and
WHEREAS, this landscaping and signage project is consistent with the goals of
the 2005 Roanoke County Community Plan; and
WHEREAS, these improvement activities fall under the Virginia Department of
Transportation (VDOT) Comprehensive Roadside Management Program; and
WHEREAS, this VDOT program requires the local governing body to hold a
public hearing and adopt a resolution of endorsement prior to project approval by
VDOT; and,
WHEREAS, the Board held a public hearing on this project after advertisement,
as required, on January 23, 2018.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, AS FOLLOWS:
4. That the Board finds that this landscaping and signage project at the Route 220
median in Clearbrook is consistent with the goals of the 2005 Roanoke County
Community Plan.
5. That the Board accepts the offer of ValleyStar Credit Union to maintain the
landscaping and signage at the Route 220 median in Clearbrook for five years.
6. That the Board hereby adopts this Resolution of Endorsement for the
landscaping project at the Route 220 median in Clearbrook, and requests the
Virginia Department of Transportation to approve this project under its
Comprehensive Roadside Management Program.
7. That the Clerk to the Board is directed to send a copy of this resolution to the
Virginia Department of Transportation and to ValleyStar Credit Union.
On motion of Supervisor Assaid to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
January 23, 2018
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IN RE: FIRST READING OF ORDINANCES
1. Ordinance repealing Roanoke County Law Library Fee - County
Code Section 2.4 (Ruth Ellen Kuhnel, County Attorney)
Ms. Kuhnel outlined the request for ordinance. Supervisor McNamara
inquired concerning the amount of funding with Ms. Kuhnel responding $15,000 a year,
which was primarily the salary for the librarian. There was no further discussion.
Supervisor McNamara’s motion to approve the first reading and set the
second reading and public hearing for February 13, 2018, was seconded by Supervisor
North and approved by the following vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance approving a lease with Blue Mountain Huts, LLC to
provide camping facilities and services in Explore Park (Doug
Blount, Director of Parks, Recreation and Tourism)
Mr. Blount advised of two changes since the first reading. First change
updates the correct legal name. Second change, liability change from $5 to 2.5 million.
Johnathan Hart, Owner was introduced to the Board. There was no discussion.
ORDINANCE 012318-3 APPROVING A LEASE WITH BLUE
MOUNTAIN HUTS, LLC TO PROVIDE CAMPING FACILITIES
AND SERVICES IN EXPLORE PARK
WHEREAS, the County is the Lessee of a ninety-nine year lease for Explore
Park, property owned by the Virginia Recreational Facilities Authority (“VRFA”), a
political subdivision of the Commonwealth of Virginia; and
WHEREAS, the purpose of the lease between the County and the VRFA is for
the County to provide and promote a high quality recreational attraction in the western
part of the Commonwealth; expand the historical knowledge of adults and children;
promote tourism and economic development in the Commonwealth; set aside and
conserve scenic and natural areas along the Roanoke River; preserve open-space land;
and enhance and expand research and educational programs; and
WHEREAS, the Roanoke County Department of Parks, Recreation & Tourism
(“PRT”) has devised a master plan (“Adventure Plan”) for the land leased by the County
in Explore Park to achieve the purpose of the County / VRFA Lease; and
January 23, 2018
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WHEREAS, the Adventure Plan calls for design and implementation of various
outdoor recreation activities, including different types of camping facilities and
amenities; and
WHEREAS, the County has solicited and negotiated contracts with various
vendors for ground leases and event contracts to implement the Adventure Plan; and
WHEREAS, Blue Mountain Huts, LLC, was the responsive bidder for the
County’s RFP for, among other things, providing camping for visitors to Explore Park;
and
WHEREAS, the County has agreed to lease portions of Explore Park to Blue
Mountain Huts, LLC, so that the company may provide quality camping and other
related services to visitors of Explore Park; and
WHEREAS, such a lease will provide tangible and intangible benefits to the
County in the form of revenue and economic development;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of
Roanoke County, the County is authorized to acquire property, including the lease of
real estate; and,
2. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, the acquisition of any interest in real estate shall be accomplished by
ordinance, the first reading of this ordinance was held on January 9, 2018, and the
second reading of this ordinance was held on January 23, 2018.
3. That the execution of a Lease Agreement (“Agreement”) with Blue
Mountain Huts, LLC to lease certain parcels of land in Explore Park is authorized.
4. That the lease term shall commence on February 1, 2018, and continue
for a period of 5 years, with the option to renew for an additional successive 5-year
periods, upon the same terms and conditions contained in the Agreement, unless
terminated as provided in the Agreement.
5. That the base rent shall be five percent for the first two years and ten
percent per year thereafter of Blue Mountain Huts, LLC’s gross revenue, annually,
during the term of the Agreement.
6. That the County Administrator, or an Assistant County Administrator, is
authorized to execute such documents and take such actions on behalf of the Board of
Supervisors in this matter as are necessary to accomplish the lease of this property, all
of which shall be approved as to form by the County Attorney.
8. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
January 23, 2018
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2. Ordinance approving a lease with Don's Cab-Inns, LLC to provide
camping facilities and services in Explore Park (Doug Blount,
Director of Parks, Recreation and Tourism)
Mr. Blount advised no changes since first reading and introduced Don and
Melody Harrison, Owners of Don’s Cab-Inns. There was no discussion.
ORDINANCE 012318-4 APPROVING A LEASE WITH DON’S
CAB-INNS, LLC TO PROVIDE CAMPING FACILITIES AND
SERVICES IN EXPLORE PARK
WHEREAS, the County is the Lessee of a ninety-nine year lease for Explore
Park, property owned by the Virginia Recreational Facilities Authority (“VRFA”), a
political subdivision of the Commonwealth of Virginia; and
WHEREAS, the purpose of the lease between the County and the VRFA is for
the County to provide and promote a high quality recreational attraction in the western
part of the Commonwealth; expand the historical knowledge of adults and children;
promote tourism and economic development in the Commonwealth; set aside and
conserve scenic and natural areas along the Roanoke River; preserve open-space land;
and enhance and expand research and educational programs; and
WHEREAS, the Roanoke County Department of Parks, Recreation & Tourism
(“PRT”) has devised a master plan (“Adventure Plan”) for the land leased by the County
in Explore Park to achieve the purpose of the County / VRFA Lease; and
WHEREAS, the Adventure Plan calls for design and implementation of various
outdoor recreation activities, including different types of camping facilities and
amenities; and
WHEREAS, the County has solicited and negotiated contracts with various
vendors for ground leases and event contracts to implement the Adventure Plan; and
WHEREAS, Don’s Cab-Inn’s LLC, was the responsive bidder for the County’s
RFP for, among other things, providing camping cabins for visitors to Explore Park; and
WHEREAS, the County has agreed to lease portions of Explore Park to Dons
Cab-Inns, LLC, so that the company may provide quality camping cabins and other
related services to visitors of Explore Park; and
WHEREAS, such a lease will provide tangible and intangible benefits to the
County in the form of revenue and economic development.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of
Roanoke County, the County is authorized to acquire property, including the lease of
real estate; and
2. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, the acquisition of any interest in real estate shall be accomplished by
January 23, 2018
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ordinance, the first reading of this ordinance was held on January 9, 2018, and the
second reading of this ordinance was held on January 23, 2018.
3. That the execution of a Lease Agreement (“Agreement”) with Dons Cab-
Inns, LLC to lease certain parcels of land in Explore Park is authorized.
4. That the lease term shall commence on February 1, 2018, and continue
for a period of 5 years, with the option to renew for an additional successive 5-year
periods, upon the same terms and conditions contained in the Agreement, unless
terminated as provided in the Agreement.
5. That the base rent shall be ten percent of Dons Cab-Inns LLC’s gross
revenue derived from its services at Explore Park, annually, during the term of the
Agreement.
6. That the County Administrator, or an Assistant County Administrator, is
authorized to execute such documents and take such actions on behalf of the Board of
Supervisors in this matter as are necessary to accomplish the lease of this property, all
of which shall be approved as to form by the County Attorney.
8. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
3. Ordinance accepting and appropriating grant funds in the amount
of $139,473 from the Department of Criminal Justice Services for
the Byrne Justice Assistance Grant (JAG) Program-Law
Enforcement/First Responders Cooperative Response Project
Regional Field Force Team (Howard B. Hall, Chief of Police)
Chief Hall advised there were no changes since first reading. There was
no discussion.
ORDINANCE 012318-5 ACCEPTING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $139,473 FROM THE
DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE
BYRNE JUSTICE ASSISTANCE GRANT PROGRAM - LAW
ENFORCEMENT / FIRST RESPONDERS COOPERATIVE
RESPONSE PROJECT REGIONAL FIELD FORCE TEAM
WHEREAS, the Department of Criminal Justice Services has provided sub-
grants to local governments and state agencies to support law enforcement; and
January 23, 2018
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WHEREAS, the Roanoke County Police Department has been awarded the
Byrne Justice Assistance Grant from the Department of Criminal Justice to help
purchase equipment for the Regional Field Force Team; and
WHEREAS, the grant will provide $139,473 federal funds and requires no County
match; and
WHEREAS, the grant funds will be used to purchase the equipment that is
needed to properly equip officers for the Regional Field Force Team; 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 9, 2018, and the
second reading was held on January 23, 2018.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $139,473 is hereby accepted and appropriated from the
Department of Criminal Justice Services to the Police Department; and
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 012318-6 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for January
23, 2018, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 4 inclusive, as follows:
1. Approval of minutes – December 5, 2017
2. Confirmation of appointments to the Board of Zoning Appeals (District);
Roanoke County Audit Committee; Roanoke Valley Transportation Planning
Organization; Roanoke Valley-Alleghany Regional Commission; Roanoke
Valley-Alleghany Regional Comprehensive Economic Development Strategy
Committee; Virginia Association of Counties and Western Virginia Regional
Jail Authority
January 23, 2018
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3. Request to accept and allocate grant funds in the amount of $8,399.65 from
the U. S. Department of Justice’s Bulletproof Vest Partnership
4. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to David W. Ford, Solid Waste Equipment Operator, upon
his retirement after more than twenty-four (24) years of service
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
A-012318-6.a
A-012318-6.b
RESOLUTION 012318-6.c EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO DAVID W. FORD, SOLID WASTE EQUIPMENT OPERATOR,
UPON HIS RETIREMENT AFTER TWENTY-FOUR (24) YEARS
OF SERVICE
WHEREAS, Mr. Ford was employed by Roanoke County on April 5, 1993, on a
part-time basis and on March 28, 1994, on a full-time basis; and
WHEREAS, Mr. Ford will retire on January 1, 2018, after twenty-four years and
six months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Mr. Ford’s tenure with the Roanoke County, he has served
with professionalism and dedication in providing services to the citizens of Roanoke
County;
WHEREAS, throughout Mr. Ford’s tenure with Roanoke County, he has worked
both in the Utility Department and the Solid Waste Division providing citizens with daily
service often in extreme weather conditions. With the Solid Waste Division, Mr. Ford
worked primarily as a bulk collection driver and provided exemplary customer service,
normally going above and beyond the call of duty.
WHEREAS, NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County expresses its deepest appreciation and the
appreciation of the citizens of Roanoke County to DAVID W. FORD for more than
twenty-four years of capable, loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
January 23, 2018
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On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: REPORTS
Supervisor Hooker moved to receive and file the following reports. The
motion was seconded by Supervisor McNamara and carried by the following recorded
vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of
December 31, 2017
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of December 31, 2017
5. Accounts Paid - December 31, 2017
Chairman Hooker recessed to the fourth floor at 4:02 p.m. for work
session.
IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors fiscal year
2017-2018 mid-year revenues and expenditures (Rebecca E.
Owens, Director of Finance; Christopher R. Bever, Director of
Management and Budget)
Mr. Gates provided an introduction and turned the meeting over to Mr.
Bever and Ms. Owens.
Supervisor McNamara asked for local business license numbers; Mr.
Bever advised he would compile and prepare a Budget Memo.
Supervisor North commented the automotive industry anticipating a
decline, which will not help personal property. Mr. Bever responded that staff are
monitoring on a monthly basis. He added that budget staff has been conservative with
this revenue source.
January 23, 2018
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Supervisor McNamara inquired what does the revenue look like after
taking out the schools. Mr. Bever stated he would not project any revenue growth over
2% with a total of $186 million (high-end). Supervisor McNamara then inquired about
the school transfer with Mr. Bever responding that it will go up. Ms. Owens advised
approximately $13.7, which is slightly lower with ADM lower and revenues up slightly.
The work session was held from 4:27 p.m. until 4:50 p.m.
Chairman Hooker called the meeting back into session at: 7:01 p.m.
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. The petition of Kimberly J. Bolden, Charlotte W. Johnston, and
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 District. This request is
for a wedding event space in and adjacent to an existing barn
structure on the property. The Planning Commission may
recommend conditions to the Board of Supervisors on this new
request. The property is currently subject to an existing special
use permit that is proposed to be removed. The existing permit
allows 21 events per year, all between April 1 and October 31,
with not more than 150 persons at any single event. There are
also conditions limiting noise generation, lighting, signage, and
parking as well as the screening of portable sanitation services.
(Philip Thompson, Deputy Director of Planning)
Mr. Thompson outlined the request for petition and provided a PowerPoint
presentation, a copy of which is on file in the office of the Clerk to the Board.
Supervisor Hooker stated she had one question that is really more of a
reflection. She inquired if the loud speakers or microphones being 7:00 to 10:00, that’s
really just a direct reflection of our Noise Ordinance with Mr. Thompson responding in
the affirmative.
Supervisor North asked of the six conditions how many represent
ordinance in existence today in Roanoke County. Mr. Thompson responded there are
really none that are Ordinances. The condition mimics conditions that deal with noise
as far as the Noise Ordinance is concerned. So it’s just trying to, from the time limit
standpoint, be consistent with the Noise Ordinance. It’s really not addressed to the
Noise Ordinance so there’s that condition that was placed on it. The Concept Plan is
January 23, 2018
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not an ordinance. The signage requirement, the limitation of the signage is probably
contained in our requirements, but prohibiting LED and digital signs is not. That’s really
the major concern, that if that sign goes down or needs repair and in the future you
don’t replace it with an LED or digital sign in keeping with the agricultural intensity of the
property. Lighting, we really don’t have a lighting standard. The lighting standard really
is residential lighting standard so it is in our Ordinance, but it does not apply to AG
areas. What we’re trying to do there is take the residential standard and apply it to an
AG area to keep it consistent because lighting was an issue that was raised. Parking,
we don’t have any prohibition of parking on Blacksburg Road so that’s really not
covered in our Ordinance. The screening of sanitation devices, I don’t believe is in our
Ordinance as well.
Chairman Hooker than asked if the petitioner would like to address the
Board.
Kimberly Bolden stated that she owns Triple J Farm. The past year went
well; to her knowledge they had no problem. Parking, noise, everything went good,
other than the complaints from the neighbors, but they did everything that she was
supposed to. They followed the rules. They reported and stayed within the limit, tried to
do everything that she was supposed to do, and if something did come up, she fixed it.
We recently have taken the brides out of the house. I had 30 days to do that and did
that so they are now inside upstairs. She misunderstood as far as the Port-a-John.
She did have one side concealed and that came up and they did build a wall all the way
around it. She has tried to correct everything that’s come up, in my power that I can
keep everybody happy.
Chairman Hooker then opened the Public Hearing.
Harold Wingate stated he has a Catawba address of P. O. Box 134, but
actually lives on Catawba Road in Botetourt County, which is their home. He is
speaking on behalf of the Homeplace Restaurant. We have absolutely no problem with
this. As a matter of fact, we’re delighted to see it because we can refer people that
want to get married at the Homeplace. There’s a lot of those that have happened there
and we appreciate that, but they can be a problem because all of them seem to be on
Saturday so we’re delighted to have an alternate source that we can recommend people
to and then if they want to come by and have a meal with us or have a rehearsal dinner
with us, that’s fine. Very simply put, we have no objection whatsoever. We’re glad to
see this facility.
Ray Craighead stated he is a licensed architect in the State of Virginia and
has been since 1985. His address is 3035 Purple Finch Road. He does not live near
this site. You may or may not have seen my letter that he had sent to the County
concerning this facility. He would like to clarify a couple of things before speaking. One
is he has nothing at all against Triple J. My letter, the last paragraph said it was a very
attractive facility. He has no problem with that, but was approached by Ben Bono who
has been a friend for 35 years because he ran a plumbing business and he met him
when he was doing some work on some of the projects that he drew many years ago.
January 23, 2018
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He and his wife approached me the first part of March and said, “Hey, can you look at
this?” and I said, “Sure.” They provided me with what the County had approved, they
provided me with photographs, and asked me to just review it. He looked over it and
had severe problems with some of the safety issues that were present that he could see
and how the process had gone through the County. He believes that the County
needed to do a follow-up of the Site Plan. He believes that there are problems with
parking, accessibility for fire trucks, distance to fire trucks, distance around the building,
and listed all of those in the letter. If you don’t have a copy of that, he will be happy to
furnish one. But before I sent that letter to the County, he did contact Morgan Yates; he
has great respect for Morgan. He calls him on questions and ask about opinions, but
this is something that he took to heart. He was fortunate enough to grow up here in the
Valley. I came out of Cave Spring High School in ’74, came back in ’79 when he
graduated from Tech, and God has allowed me, just like that sign up there says, to do
something that I really love to do, and he took this to heart. He has not been paid a
single nickel for anything that he has written or has done. I’m not a hired hand. He did
come forward when we appealed the ruling. He went to Richmond when we appealed
the ruling. I spoke to some of the guys after the appeal in Richmond. He has a direction
on how he is going to take this to the Attorney General to get a different ruling than what
was issued in 2000. He believes this is a safety issue that’s going to come up when you
put 100 to 150 people into a building that has not been inspected by the Building
Department, has not been inspected by the Fire Department, and cannot be inspected
by the Fire Department at any time because it’s being classified as a Type U Building.
When you change the use of a building, the Building Code is very specific about what
steps need to be taken and how those things happen. I’ve used my time so I’ll stop
right there.
Debbie Bono, 5180 Blacksburg Road, Catawba, Virginia, stated she
hoped you’ve had time to read the submission that she sent in previously as well as the
one she handed out tonight. The concerns are, first of all, why should we be punished
in the Valley and have to put up with this 365 days a year? There’s no reason that we
shouldn’t at least have eight weekends out of the best part of the year. They should be
restricted to the 21 weekends that they had previously, and the music is unbearable.
The problems, Mr. Craighead is right. Being classified as a barn is going to come back
to haunt the county if something happens to somebody over there, God forbid. People
are being put in jeopardy in a building that’s never been inspected, and it’s pretty clear
that it’s no longer a barn. They’ve admitted that their son lived there for two years. That
makes it a residence. You now have a change of use and it needs to be brought up to
Code. That’s all we’re asking. Please bring it up to Code for public safety issues and to
be fair. We’re just asking you to enforce the Code, if you can do that. She highlighted
some of the problems that we’re having with the complaints and hopes you’ve had a
chance to see them. Exhibit 1, where they claim that using the home for events for the
parties to change in there, they said it was no violation. If you look at the red flag, it’s
January 23, 2018
33
clear that it was a violation and they were cited for a violation. So why is the county not
telling you people things that you need to know about what’s really going on. If you look
at the other exhibits that we attached, just going over them briefly, Port-a-Johns, that
was Exhibit 2, that it wasn’t visible from public view. I’ve attached photographs saying
that’s not true. Again, that’s what they’re telling you, but that’s not what’s happening. It
was in September before that Port-a-John was ever fully screened and the second one
is never screened at all. Then about the events for family, you know they’re telling them
one thing and then doing another. That’s why we’re taking pictures. We’re taking
pictures. They’re taking pictures of us taking pictures. It’s ridiculous, the friction over
there in the Valley, not just with us, but even with other neighbors. Some of them are
like well, why bother to come. They didn’t listen to us last time when we told them that
we didn’t need this in the Valley. It is a nice facility. I wish Kim the best. It’s just the
wrong location because conditions cannot be put on it to take into consideration the
neighbors. Even the point that your issue says that conditions can be imposed to
minimize the negative impact on the neighbors. The way it stands with what the
Planning Commission recommended is there’s no conditions. None. The Type C
Buffer that they put in where we were the only ones that are really affected by them not
putting in what the Planning Commission said, a double row of trees between the
building and us. Mr. Thompson was kind enough to come out to our home and took a
look at it, and he says “A double row of evergreens right here will greatly reduce the
noise and sound. That is the only place on the parameters that they did not put up the
double row of evergreens or evergreens as was required by the Site Plan. I know I’m
getting short on time. I’d ask you please for just a few more minutes since I am the
most affected over there.
Chairman Hooker advised she would allow.
Ms. Bono continued here was also concern about no complaints. The
neighbor that lives in the little white house that’s even closer to the building than we are,
they hear the loud music indoors with the music on. Robert will tell you of a complaint
that he made that’s not listed here that I’ve tried to get in that Mr. Lubeck says that the
county is exercising its discretion to not give it to me. They complained, there was
someone who was clearly inebriated. He’ll tell you they called the police. The police
came and they took him away. That report is not in here. You have people that are out
there on Blacksburg Road that have apparently been drinking. He’ll give you the
details. That report is not in here. You need to know those things. There are things
happening out there that you are not knowing about that they’re keeping from you that
you need to know about. There’s no supervision other than the music, the people. It’s
an inherently conflicting situation. We haven’t changed our farming. They now see it
because they’re now in front. Their home is close to ours and we pass by theirs going
up to the barn to work on our farm. They just haven’t been aware of what we do over
there before because they’re busy doing their own thing until this. The only thing that’s
changed about our farming really is just having to stop work to take pictures so that we
can show what they say they’re doing is not what they’re doing.
January 23, 2018
34
It’s troubling because I think that this Board wants to treat all citizens fairly.
I really believe that and I just ask that you please consider that there are other citizens
in Catawba that are suffering because of this situation and particularly with the noise,
and we should have some time. We moved to the Catawba Valley for peace and quiet,
and if you recall, the first petition against it was about three to one of people who lived
there. I’m not talking about the photographer and people who have had events there. It
is a nice facility, no doubt. It’s just the wrong place for it and there’s a lot of conflict.
Anything that the Board can do to minimize the conflict, to set some limits on the
amount of events that they can have a year so that all of us that have invested our lives
over there and have lived there for decades can have some peace and quiet too would
be greatly appreciated. I don’t think anybody wants to see anything happen over there
if it doesn’t get inspected, but it needs to get inspected. I really appreciate your time
and your consideration. Thank you.
Susan Hensley stated she lives with her husband right next door to the
Johnston’s or to this wedding venue. We’ve been there for 29 years. This wedding
venue is not something that we are particularly happy about. It is something that we
have tolerated for this past year mostly because we didn’t have much choice. It just like
came up one day and it was doing weddings there, but also because we certainly didn’t
want to ever have hard feelings with our good neighbors, Jeannie and Kim. I am not
going to cry, but if I am being honest, it has presented some aggravation. As I said, we
live right next door. It is just no fun to come home on a Saturday afternoon in the nice
summertime and there’s a big flurry of activity next door including the eye sore of the
field that’s right next to our property. I could throw a rock. Wall to wall, bumper to
bumper with cars and pickup trucks with people, they keep trying to get me to turn in
there. I’m like I’m not going to your wedding. I’m trying to go to my house just next
door. It’s just aggravating. I know that Jeannie and Kim do everything they can to
mitigate the unavoidable negative impact on the neighborhood, but it’s just not
something that can be hidden away. It’s the country. It’s quiet, it’s peaceful. Sound
travels. In the past, or for this past year, the 21 out of 28 fair weather Saturdays
between April and October we’re subject to this possibility. My understanding now in
this latest petition, they don’t want to have any limits and as I said today on the phone to
Mr. Thompson, so 365 days they could have something. Not that that would ever
happen, but it just seems like they’re with no restrictions does not seem fair. If a
neighbor wanted to have their own outing, we would definitely be, the Bonos would be,
anyone in that area would be having to listen to, it is loud party music. I know it might
not seem loud when you’re in the building with it or if it’s in your front yard, but it travels.
You just can’t, that’s what happens in the country. Sound travels. In the past season
on the number of Saturday evenings while we were in our house with the TV on, we
could still hear and feel the sounds and the vibrations of the party music. It’s just
something that happens with sound and unless you’ve been there to hear it at night
when there’s something happening. You know in the daytime you can stand up and say
“Well, I can’t really hear that music.” She just knows that it happened Saturday after
January 23, 2018
35
Saturday after Saturday. Another concern that she has is our property values. If we
decided to put our 28 acres, our home, our barn, our pond on the market tomorrow, the
first thing someone would say would be, “Whoa, how many times a year do they have
weddings over there and parties and truck pick up”, loud trucks because you know
these people, they like their loud trucks. She thinks that could have a really negative
impact on the potential sale of our property if we were to put it on the market. Again,
this is nothing about, nothing against Jeannie or Kimberly, but she actually lives there.
She doesn’t in Botetourt. She does not live in Salem or all these other places that all
the good people came and said how great they are, and they are and it’s a beautiful
place, but it does impact our lifestyle. We’ve been there for 29 years. At the very least
the dates need to be restricted, at least restricted the way they are now and not open to
12 months out of the year.
Robert Daley stated he lives at the small white house right next door. He
is the one that experienced the drunk man in the front of his house. He was walking the
dog and he was screaming or something back at towards where their property is at one
of the events or something. He brought the dog in and told my wife to call the cops.
She said the dispatcher argued with her for a little bit, but then they finally came out and
got the man and did whatever, but he was sitting there watching to make sure that he
didn’t come on the property. You can hear the music in our house. When you’re trying
to watch TV, you can hear the music. That’s pretty much all I have to say.
Donna Montgomery stated she lives at 6090 Newport Road, Catawba.
She was one of the very first ones fortunate enough to host their son’s rehearsal dinner
at the Johnston’s barn. Friends came from states away to help us celebrate, spending
their time, money, admiring our beautiful Valley. Several of my son’s friends and their
wives continue to return to Catawba to hike, rock climb, and enjoy a meal at the
Homeplace. Always that’s on the list. Kim is wonderful to work with. She’s
accommodating. She’s reasonable in her prices. You know by looking at her venue
that she cares deeply for her property and her family in the Catawba Valley. Her yard
and fields are beautifully manicured and maintained at all times. She’s a talented and
gifted hostess. We are very lucky to have her. I visited several times over the last year
and a-half. She continues to improve and is very conscientious about any issues
arising with her property. Regarding the issue of sound, she also lives in Catawba and
it’s not just people that come to weddings that have loud trucks. It’s people from all over
the place, including in Catawba that have loud trucks. They drive tractors. They run
their ATV’s. People in this room have weed eaters, chain saws, hay balers, things that
they run at all times of the day and it is not a quiet place to live. It’s peaceful, but it’s not
quiet. I hope you’ll vote in favor of granting their permit for their Special Use and their
events. Thank you.
David Beckner stated he lives at 509 Duxbury Lane, Salem, Virginia.
Basically we picked this venue out of all the venues around this area, my daughter and I
and my wife. We think it was something out of a catalog. I mean it’s beautiful. The
day that my daughter was getting married, we were walking down the aisle and I heard
January 23, 2018
36
the noise. It sounded like a lawnmower or weed eater and long story short, I looked
over at my daughter and just trying to keep her emotions and stuff because basically I
was about ready to cry myself, not because of the weed eater, but you know, she’s my
only daughter, but my friend, Jim, from Virginia Beach, he came in and he said he was
going to walk over and ask the gentleman for five minutes to stop the weed eater. I
said, “Please, please do that” because the closer we were walking down, the more we
could hear it. The preacher was over here at the tree where she’s getting married. He
walks over there and the man says that it was his property. He would not stop so Jim
comes back and says, “He’s not going to stop.” I said, “I don’t understand.” So I asked
the Boldens after it was said and done and they said there was an argument about this
situation. The reason I’m here is to support them because we didn’t have anything to
do with their conflict. They couldn’t stop for five minutes of the memory that we were
trying to make, and long story short, I don’t think that’s the process of how you go about
trying to stop the venue. You have people that are paying their money that’s paying for
the argument, and that’s not a process. That’s why I’m here tonight because it kind of
struck my nerves that day. Thank you for your time.
Tracy Beckner, 509 Duxbury Lane, Salem, Virginia stated as her husband
said, we had our daughter’s wedding there in September. It was amazing. She is our
only daughter so it was a very special time for us. She had wedding guests from all
over coming into the Valley, staying in Salem. All of her guests had commented how
beautiful it was, how amazing the wedding was, asked you know where they can go
hiking, where they can come back and join Matt and Lindsey. Property, they’re all like
okay, if we ever get a chance to live here, this is where we want to live so if there is
property for sale right next to the Boldens, let us know because we probably have
numerous people that were on our guest list that would be happy to take a look at that
so I don’t think that would deter someone from buying that property next door or down
the road, but I just wanted to let you all know how amazing it was of an experience to be
able to have our daughter’s wedding there. I mean, yes, there were some issues and
things that happened, but Kim and her family, they went above and beyond to make that
day special and memorable and we just can’t thank her enough for that. It would be
very sad if they weren’t allowed to let others enjoy that. It is a barn. It’s definitely a barn
because at first I was kind of like, “I don’t know about this” and I don’t know if we really
want to hold something in a barn, but it’s beautiful and it turned out wonderful. I can’t
say enough good things about it. I didn’t feel unsafe at all. I didn’t have that worry. I
feel like everything, I mean just turned out wonderful. You can just tell by the property,
and if you haven’t been out there, the pictures do not do it justice. It’s beautiful. They
take a lot of time to make things the way that they are. Thank you.
Al Hammond stated he lives in Vinton, a little way away from it. He has
Glenburn Farm. He was asked to come last year because he have been involved with
Agritourism for about 30 years. We’ve helped probably 10 or 12 farms be able to keep
their farms by having things like this wedding, pumpkin patches and things like that
because it’s awfully difficult to make a living in farms these days and you can with
January 23, 2018
37
something like this. Agritourism brings, just as an aside, about $2.2 billion of economic
activity to the State of Virginia in a year and $177 million just in our Blue Ridge area.
We observed when he was there that you already have Agritourism right across the
street with the horse operation. He looked at it because he has been involved in
developing the rules and regulations of what is a barn. There is a question of what is a
barn. The important thing is so that it is actually the intent of a farm, not just someone
that has set up and built a building and say it’s a farm because it’s in the country and
get those benefits. This is in all the qualifications, and I have the list of them. It
qualifies as Agritourism. My observation, one of the things that really did bother me, I
thought that Kim was doing a good job of being respectful to her neighbors. I don’t think
that was reciprocated when I heard gas lawn mowers and everything doing their best to
detract from what they were doing, and I hope that that will be addressed by this Board,
that there should be between the two an agreement and that they will work together to
make this a happy time and not something that’s not a happy time. Any questions that
the Board has as far as Agritourism, as far as what it entails, he is here to answer any
questions you have.
Bobbie Oyler stated she lives at 1839 Bridle Lane, Southwest, Roanoke
and will make this short and sweet. She has seen over the last year all the heart, the
sweat, the tears, and the work that they have done to make this a beautiful place. I’ve
seen the family dig holes and do everything to make it pleasant and beautiful, and hope
that you all will support the Triple J Farm and vote “yes”. Thank you.
Jim Cowan stated he lives at 1012 Jefferson Street, which is actually a
farm down in Montgomery County. He is here this evening because he has had the
pleasure of helping Ms. Bolden on this journey over the last year or so and it’s not been
an easy one, but would tell you he thinks if you talk with your staff and look at what’s in
your report, they’ve done everything they’ve been asked to do by staff to mitigate
impacts, to be respectful of their neighbors, to comply with the conditions that were put
here. They went through an awful lot of effort to do that as far as how they laid out the
site, how they did some things to it to address all of that. They’ve complied with the
conditions of their current SUP and I think have been a successful example of
Agritourist in the county in a way to help them preserve their family farm and bring
people out to enjoy that, and you’ve heard from some of those people this evening. The
six conditions that are recommended by the Planning Commission and their
recommendation that you approve this revised SUP are appropriate. The Boldens are
supportive of those and feel that they do address the impacts. The reason you have an
SUP process is because while you acknowledge that there’s a lot of positive things
about Agritourist and creating the opportunity for this, that there are some challenges
with that, and the ideas to create conditions to address that. We’ve done that. The
Planning Commission has made some good recommendations I think to you to consider
to do that and we think they are appropriate for this wedding venue in this support. The
barn itself, you heard some reports about that. The county has properly addressed that
use and the building, how it’s looked at when it’s used in this Agritourist. That’s been
January 23, 2018
38
supported on appeal. I don’t think that’s an issue that’s really before you, but it is one
that has been looked at closely by county staff repeatedly and it’s been taken up on
appeal and addressed. We thank you for your consideration of this revised SUP and
hope you’ll support this member of your business community who you can see has
been making a lot of effort to work with the Homeplace, to bring people into our
community and to preserve their family farm, and we ask for your support of that.
Thank you.
Sherrill Smith stated he lives at 3201 Golf Colony Drive in Salem. He also
owns the Mercantile Building at the corner of Keefer and Catawba Valley Drive. He has
been here before so is going to make it short. He welcomes the Triple J Farm to the
neighborhood; thinks it’s going to be good for the Valley. Thank you.
Richard Cox stated he lives at 6150 Newport Road in Catawba. He simply
wanted to speak to the character of Ms. Johnston and Kim Bolden. He has known them
for a long time. He knows they love the community. They would never do anything to
degrade it. They are great folks. They love people and they’ve been amazingly
longsuffering and gentle this past year. They love their farm and demonstrate that by
the way they take care of it year after year. Everyone that has attended an event as we
have has been impressed by their dedication to make you as comfortable and relaxed
as possible. It’s the best venue I’ve ever attended. If there were no rules, if there were
no regulations and no restrictions, the venue would still be a great place and would do
harm to no one. Please vote in their favor to make sure that their dream continues to
come true as well as those who want to have a major event there. Thank you.
Shirley Cox of 6150 Newport Road, Catawba, Virginia stated they have
lived here for 24 years in Catawba. The Wingates put Catawba on the map when they
opened the Homeplace Restaurant. The Appalachian Trail has brought people in from
everywhere. We would like to see the Triple J Farm venue continue having the
opportunity to make the great impressions on all who attend their facility regardless of
whether it’s a wedding, family, or friend function, et cetera. The Boldens are nice,
considerate people that have a dream that they want to be fulfilled for their future. She
was visiting them one evening and standing in the house when this bright light came
into the house, and I asked what it was. They replied to me, “Oh, that’s lights coming
down from the barn across the street. We don’t pay any attention to that. That’s the
only way they have to come in and go.” Another incident, she had stopped by last
Spring and there were several rocks and gravels in the road and she mentioned the
heavy rain, and they said, “Oh, when it’s washed down from the road across from us,
we get the rocks out so that no one will have a flat tire. We don’t think anything about
it.” They care about people and they wouldn’t care any trouble to anyone. The Triple J
is just trying to fulfill their dream for their future. Thank you and I would like for you to
vote for the new permit for them.
Chairman Hooker closed the Public Hearing and asked the petitioner to
address some of the things that were said.
January 23, 2018
39
Ms. Bolden stated as far as the person that was found drinking in the road,
totally unaware of it. I knew nothing about that. She constantly makes sure the ABC
license is posted. If she sees somebody that needs to be, like she had a Botetourt
Police Officer with his keys in his hand heading across the yard, and she said, “Where
are you going?” He was going home, and he wouldn’t have made it to the mailbox. I
stopped him and got the groom. She is not going to let anybody leave my property.
She is always there, never leave during an event and have four other employees that
work for her. So she does definitely, and if anybody knows my mom, she is on it. She
watches the kids picking the flowers and people drinking. If it was up to her, there
wouldn’t be any alcohol, and we have had some that don’t drink. I’m not okay with that,
and if that happened, it got by me. As far as the neighbor that’s been there 29 years,
she didn’t live there for 10 years. She just came back like two months ago when her
husband was sick. So she don’t know how much we’ve really been bothering her; we
are not trying to upset anybody. She tries to keep the noise – it’s literally, I mean the
weddings are so peaceful. They eat. It’s literally probably an hour and a-half that the
music plays from like after the dinner they start the loud music and at 9:30 they’re gone.
She has had one bride that went over to 10:00, but most of them when I’m having 3:00
or 4:00 services, they’re gone by 8:00, between 8:00 and 9:30.
Chairman Hooker inquired about a relative living in the barn. Can you tell
us a little bit about that?
Ms. Bolden responded when her son got married, they were wanting to
build a house and they were in the process of buying land. They could have lived in our
house upstairs, but she was like, you know, “We’ve got the barn.” She didn’t know.
She didn’t purposely not do the right steps. There was a stove out there. Our barn is
nicer than a lot of homes. It’s a beautiful custom barn. Mike Bowers is a custom barn
builder. It’s safer than most homes, and he did, he lived out there and when the County
came and asked us, he moved out. He was gone.
Chairman Hooker stated it was another one of those things that you found
out needed to be in compliance and you complied?
Ms. Bolden responded in the affirmative; they’re still building a house, but
he’s at his in-laws now.
Chairman Hooker asked Mr. Thompson regarding some mention about
the buffer and the double row of evergreens. It is my understanding that that is a type
of Type C buffer, but they don’t have the double row. They have another type. Is that
still a Type C buffer?
Mr. Thompson responded in the affirmative and addressed the buffer. If
you look at the pictures, you’ll see there’s several evergreen trees that are kind of
planted along the fence line. There are some deciduous trees that are planted. There
are some existing trees, right? So as part of when you review the plot plan and looking
at the buffer requirements, the first thing of a Type C buffer is the Zoning Administrator
looks at that. Existing vegetation can count towards the existing buffer and how the
additional plantings that were put in place met the intent. I think it’s actually above what
January 23, 2018
40
a Type C buffer is so it met that requirement. Then there’s the issue with the general
conformance condition. The intention is that you would have a buffer that provides
some type of screening. While there shows a double row of evergreen trees, there is a
row of evergreens planted along the fence. There are some other evergreen trees
planted on the other side of the walkway between it and the barn. So if you want to talk
about a double row, I think the staff evaluated that. He went out and inspected it and
that met the definition and met the intent of the general conformance with that condition.
The fact that they’re not all the same tree, you know you have to plant trees so that they
grow according to the space and requirements for that species. The other alternative
would have been you cut down the existing vegetation and plant those two rows, and
that didn’t make sense. So the question I really think before the Board in this thing is
the new Special Use Permit shows a Type C buffer, right? That’s what’s being
considered. The old one, according to Staff, was complied with and that this is showing
that type of buffer. I guess the question is do you all feel that the buffer that’s planted is
adequate or do you think there needs to be enhancements to that? I think that’s
something that you could consider as part of this application.
Supervisor North stated whether it agritourism, whether or not it’s a barn
or not a barn or a nice barn, as nice as a house, he has one question and that is do you
feel that that barn is safe? I understand it doesn’t meet Code. What’s Code and what is
and what isn’t safe?
Mr. Thompson responded that he would defer to the Building
Commissioner, but yes, what he knows from our Building Commissioner and as far as
his position as Deputy Director of Planning, he thinks it’s safe. Again, the Building
Commissioner has made a decision and has determined that to be a barn structure. It’s
been appealed twice, a local Board of building review and also at the State level, and
that decision still stands. Again, what he would say is that if that decision at some point
is reversed, then they would have to comply with the Building Code associated with that
barn, but this is a land use case and dealing with the land use issue. The land use
issue is, is this an appropriate use for this property.
Debbie Bono made a comment, which Chairman Hooker advised public
comment was closed.
Chairman Hooker moved “to approve the applicant’s request for a new
Special Use Permit with the conditions recommended by the Planning Commission.
The new Special Use Permit replaces the permit that the Board granted on January 24,
2017.” These are the list of findings that we have in this motion. “The granting of a
Special Use Permit meets the requirements of Section 30-19-1 of the Roanoke County
Code. The Proposed Use conforms with the Use and Design Standards set forth in
Article 4 of the County Code. The Proposed Use is in conformance with the
comprehensive plan of the county and with official County Policies including the
purposes stated County Zoning Ordinance” and finally “When compared with other by-
right uses of the applicant’s property, the Proposed Use will have minimum adverse
impact on the surrounding neighborhood and community.” Those are the findings. She
January 23, 2018
41
would like to make a motion to approve this new SUP, and with that would like to attach
the following conditions: The Concept Plan Conformance, the signage. Chairman
Hooker then inquired of Ms. Kuhnel if she needed to read the six conditions, with Ms.
Kuhnel responding they are included in the Board Packet so she could incorporate by
reference.
Chairman Hooker stated she would like to include the six conditions that
were recommended by Staff at this time.
Supervisor Assaid stated last year when their initial application came
before us, he had some concern about the impact on the neighbors. He stated that he
thinks that by removing the limit on the number of events and increasing the months of
operation even provides more impact to those adjacent neighbors. Because this
application requests relaxation of those proffered conditions, he will not be supporting
this request.
ORDINANCE 012318-7 GRANTING A SPECIAL USE PERMIT
FOR THE OPERATION OF A SPECIAL EVENTS FACILITY IN A
AG-1 (AGRICULTURAL/ RURAL LOW DENSITY) DISTRICT AND
AG-3 (AGRICULTURAL/ RURAL PRESERVE) 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, on January 24, 2017, the Board of Supervisors granted a special
use permit, with conditions, allowing the operation of a special events facility on a
14.954 acre parcel located at 5198 Blacksburg Rd (Tax Map No. 14.00-01-08) in the
Catawba Magisterial District; and
WHEREAS, after one year of operating such a venue, the applicants have filed
an application for a new special use permit; and
WHEREAS, the first reading of this ordinance was held on December 19, 2017,
and the second reading and public hearing were held on January 23, 2018; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on January 2, 2018; and
WHEREAS, the Planning Commission recommends approval of the petition with
conditions; and
WHEREAS, legal notice and advertisement have been provided as required by
law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. 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 and AG-3 (agricultural/ rural preserve) District on a 14.954
acre parcel located at 5198 Blacksburg Rd. (Tax Map No. 14.00-01-08), in the
January 23, 2018
42
Catawba Magisterial District, meets with the requirements of Section 30-19-1
of the Roanoke County Code. The proposed use conforms with the standards
set forth in article IV, use and design standards, and further conforms with the
following general standards:
a. The proposed use is in conformance with the comprehensive plan of
the County, as amended, pursuant to the provisions of Section 15.2-
2232 of the 1950 Code of Virginia, as amended, and with official
County policies adopted in relation thereto, including the purposes of
the zoning ordinance.
b. When compared with other by-right potential uses of the applicants’
property, the proposed use will have a minimum adverse impact on the
surrounding neighborhood and community; the Board has evaluated
adverse use with consideration to items such as, but not limited to,
traffic congestion, noise, lights, dust, drainage, water quality, odor,
fumes and vibrations.
c. In considering impacts, the Board has given due regard to the timing of
the operation, site design, access, screening, and other matters which
might be regulated to mitigate adverse impact.
2. The Board grants a new special use permit to allow the operation of a special
events facility at 5198 Blacksburg Rd. (Tax Map No. 14.00-01-08), in the
Catawba Magisterial District, subject to the following conditions:
a. The site shall be developed in general conformance with the concept plan
dated December 1, 2017, subject to those changes which may be required
by Roanoke County during the plot plan review process. Event activities
shall be limited to the designated area set forth in the concept plan dated
December 1, 2017.
b. 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.
c. Portable sanitation services shall be fully screened from public view.
d. Parking shall be prohibited on Blacksburg Road.
e. 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.
f. Using or operating loudspeakers or microphones shall be allowed
between the hours of 7:00 a.m. and 10:00 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.
3. This new special use permit replaces the special use permit that was granted
by the Board on January 24, 2017.
January 23, 2018
43
4. This ordinance shall be in full force and effect thirty (30) days after its final
passage. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance 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:
YES: Supervisors North, McNamara, Peters, Hooker
NAYS: Supervisor Assaid
Chairman Hooker stated with the petition being approved she would just
like to have one more comment regarding this Petition. In reviewing the Triple J Farm
application, she has been impressed that there may be opportunities to further embrace
the growing industry of Agritourism and would ask that Staff investigate whether the
County Code could or should be amended to further embrace the General Assembly’s
position on Agritourism as set forth in the Code of Virginia and request that you present
your research and recommendations to the Planning Commission, and then we’ll take it
from there.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor North stated he has a few comments. He has a few comments
tonight, one Agritourism. It seems to be a growing piece of our economy and he fully
supports the request for Staff to review our Ordinances in relation to Agritourism. He
thinks too much regulation sometimes is not good. Secondly, he wants to make a
comment about another matter that’s been in the press lately. Some 25 years ago our
regional waste stream as managed by the Roanoke Valley Resource Authority for the
Town of Vinton, Roanoke County, and Roanoke City began. Each weekday a train,
noted as the Wasteline Express, moves waste from Tinker Creek Transfer Station to
Smith Gap Landfill. This keeps about 88 trucks a day, 44 loads and 44 empties off our
roads, interstates, byways providing an environmentally innovative way to take out the
trash. For Roanoke County alone this serves about 31,500 businesses and homes
amounting to 41,000 tons per year. As he said earlier, many of you may have seen
editorials in your local papers and comments, replies to editorials. He would just like to
encourage the citizens that if you want to see this stay on the rail, then let your local
representatives, Supervisors, Council members, State delegates and Congressional
Representatives know your opinion on the subject whether you live in Roanoke County,
Vinton, Salem or Roanoke City. The time to speak up is now if you have any concerns.
Lastly, he would like to make mention that he would like to request that the agenda on
th
February 13, provided under New Business the opening of the Hollins Library on
44 January 23, 2018
Sundays. The children and good citizens of Hollins deserve to have the same service
as the other areas of Roanoke County. Thank you.
Supervisor Peters stated he wanted to thank you for your comments as far
as requesting the updates to our Ordinance for referencing the State Code with
Agritourist. That is something that he deals with in his backyard, so to speak, with Mr.
Hammond who was here earlier. He is very successful. He has known Mr. Hammond
for years and his facility and what an asset it is to our area. Mr. North, thank you for
your comments about the Resource Authority. That's something has been in the paper
and it's something that we will be addressing very soon, Lastly, I just want to thank the
citizens for everything you do for us and also the employees for all that they do for the
county.
Supervisor Hooker stated she would just like to end with thank you for
your research on the railroad and the time that you have put in in researching that. We
do have some things that we need to uncover so she appreciates that. Thank you for
bearing with us through the remainder of this meeting.
IN RE: ADJOURNMENT
Chairman Hooker adjourned the meeting at 8:12 p.m. to the Board Retreat
scheduled for January 27, 2018 at 9:00 a.m. in the Training Room of the Roanoke
County Administration Center.
bmitted by: / Approved by:
4 / 2 A
.
Deborah C. . . s Martha B. Hooker
Chief Deput lerk to the Board Chairman