Loading...
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 20 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 21 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 22 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 23 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 24 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 25 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 26 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 27 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 28 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 29 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 30 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 31 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 32 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