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HomeMy WebLinkAbout12/18/1990 - Regular December 18, 1990 858 - Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 December 18, 1990 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday, and the second regularly scheduled meeting of the month of December, 1990. IN RE: CALL TO ORDER Chairman Robers called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard Robers, Vice Chairman Steven A. McGraw, Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John R. Hubbard, Assistant County Administrator of Community Services and Development; Don M. Myers, Assistant County Administrator for Management Services; Paul M. Mahoney, County Attorney, Mary H. Allen, Clerk to the Board; Anne Marie Green, Information Officer IN RE: OPEBDtG CBaBJlOllIBS 85 9 December 18, 1990 - - The invocation was given by the Reverend Sam Crews, Coopers Cove Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ State of the County messaqe bY Chairman Robers Chairman Richard Robers presented his State of the County message, highlighting the accomplishments of 1990, including the establishment of a police department, the decision of Allied Signal to locate its new plant in the county, regional cooperative efforts, the county's financial stability and population growth. 2. Introduction of Peer Review ParticiDants Mr. Hodge introduced Sim Ewing from the UVA Center for Public Service who conducted the Peer Review Study. IN RE: NEW BUSINESS ~ ReDort on Roanoke County audit for year ended June 30.1990. A-121890-1 Finance Director Diane Hyatt presented the staff report, advising that KPMG Peat Marwick had completed the independent audit and as of the year ended June 30, 1990, the County had generated additional funds of $3,000,000. This addition bring the undesignated fund balance to $5,653,756 or 8.57% of General Fund expenditures. As of December 18, 1990, the 860 è - ----~ember 1 S, I qq( fund balance is $4,279,099 or 6.26%. Ms. Hyatt further advised that the School Operating Fund had an excess of $91,764 and requested that the excess be allocated to gasoline ($45,882), instructional ($22,941) and maintenance ($22,941). Staff recommended accepting the Comprehensive Annual Financial Report, appropriating the school funds as requested and adopting a goal statement to maintain the General Fund Unappropriated Balance at a minimum of 6.25% which is $4,269,400. Supervisor Eddy moved to approve the staff recommendation with the goal statement reduced to 6.15%. Supervisor Nickens offered a substitute motion to adopt the 6.25% goal statement and that funds for Back Creek Fire Station be allocated from the capital Fund ($6,987), the Unappropriated Balance ($9,700) and the remaining balance ($5,574) from the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors McGraw, Nickens, Robers NAYS: Supervisors Eddy, Johnson Supervisor Johnson moved to approve the staff recommendation allocating the School Board Operating Fund. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Request for aDDroDriation to comDlete construction .86 1 DQcsmbor 1R, 1QQO = of the Back Creek Fire station. A-121890-2 Supervisor Eddy moved to approve the funding as explained by Supervisor Nickens' motion in Item 1. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Authorization to enter into a Memorandum of Understandina between the Blue Ridae Soil and Water Conservation District and the County of Roanoke. A-121890-3 winton Shelor and Dave Jennings, a Conservation Specialist spoke requesting authorization of the Memorandum of Understanding. Supervisor Nickens moved to authorize entering into the Memorandum of Understanding. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, McGraw, Johnson, Nickens, Robers None IN RE: REQUESTS FOR WORK SESSIONS ~ Request to schedule budaet work sessions and Dublic hearinas reaardina the 1991-92 budaet. Supervisor Johnson moved to set the work session and 862 - IJE'cømber ~Br ~990 public hearings. The motion carried by a unanimous voice vote. Supervisor Johnson further requested that the public hearings be adequately advertised to the public. IN RE: REQUESTS FOR PUBLIC HEARINGS ~ Request for Dublic hearina on Januarv 22. 1991 to elicit citizen comment on Drohibitina discrimination in Dlaces of Dublic accommodation in Roanoke County. Supervisor Nickens moved to set the public hearing for January 22, 1991. The motion carried by a unanimous voice vote. ~ Reauest for DUblic hearina on January 22. 1991 to elicit citizen comment on the 1991-92 budaet. Supervisor Johnson moved to set the public hearing for January 22, 1991. The motion carried by a unanimous voice vote. ~ Reauest for DUblic hearina on January 22. 1991 to elicit citizen comment on the Drocess of redistrictina. Supervisor Johnson moved to set the public hearing for January 22, 1991. The motion carried by a unanimous voice vote. IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING FOR REZONING ORDINANCE - CONSENT AGENDA 1. Ordinance to rezone approximately 78 acres from A- 963 D~l,;~lUb~r IS, 19911 - 1 to R-2 to expand the Orchards Subdivision, located north of US Route 460, west side of Alternate Route 220, Hollins Magisterial District upon the petition of F&W community Development Corporation. Supervisor Johnson moved to approve first reading of the ordinance and setting of the Public Hearing date. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: FIRST READING OF ORDINANCES ~ Ordinance authorizinq acceDtance and acquisition of surDlus real estate ad;acent to Fort Lewis Elementary School and authorizinq conveyance to the Commonwealth of Virqinia. Supervisor McGraw moved to approve first reading. However, following questions from the board members, he withdrew his motion. Supervisor Eddy moved to continue the first reading to January 8, 1991 and requested County Attorney Paul Mahoney to provide more information at that time. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: APPOINTMENTS December 18, 1990 86+ --------- ~ Plannina Commission Supervisor Nickens nominated Kyle Robinson to serve another four-year term which will expire December 31, 1994. ~ Recyclina Advisorv Committee Supervisor Eddy nominated April Yow to serve as a Business Representative. IN RE: CONSENT AGENDA R-121890-4 Supervisor McGraw asked that Items 4 and 5 be removed for a separate vote. Supervisor Johnson moved to approve the Consent Agenda with Items 4 and 5 removed. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None Supervisor Johnson moved to approve Items 4 and 5. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Nickens, Robers NAYS: None ABSTAIN: Supervisor McGraw RESOLUTION 121890-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 86 5 December 18, 1990 = 1. that the certain section of the agenda of the Board of Supervisors for December 18, 1990 designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 13, inclusive, as follows: 1. Approval of Minutes - November 13, 1990, November 26, 1990, November 30, 1990. 2. Confirmation of Committee Appointments to the Grievance Panel, Library Board, and the Recycling Advisory Committee, and ratification of appointment to Mental Health Services of the Roanoke Valley Board of Directors. 3. Approval of SO/50 Raffle Permit for Roanoke County School Food Service Chapter. 4. Approval of 1991 Bingo Permit for Loyal Order of Moose Lodge #284. 5. Approval of 50/50 Raffle Permit for Loyal Order of Moose Lodge #284. 6. Acceptance, discontinuance and abandonment of portions of Route 692, Route 689, and Route 690 in the Va. Department of Transportation Secondary System. 7. Acceptance of 0.24 mile of Fairway Estate, 0.11 mile of Viking Drive, 0.12 mile of Norseman Drive, 0.14 mile of Chippenham Drive, 0.05 mile of Shrewsbury Court, 0.18 mile of Brentwood Court, 0.12 mile of Kingsmill Drive, 0.10 mile of Mill Pond Drive into VDOT Secondary System. 8. Acceptance of water and sanitary sewer facilities serving Buck Run Apartments. 9. Request for acceptance of Henry Farms Road into the Virginia Department of Transportation Secondary System. 10. Request for acceptance of Hollins Court Drive into the Virginia Department of December 18, 1990 8 6 6 21 - Transportation Secondary System. 11. Request from Virginia Department of Transportation for changes in the Secondary System due to the relocation and reconstruction of Bradshaw Road. 12. Adoption of resolution with respect to the Roanoke County Resource Authority landfill financing. 13. Approval of 50/50 Raffle Permit for the Women of the Moose Chapter 1022. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson with items 4 and 5 removed for a separate vote, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None Items 4 and 5 on motion of Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Nickens, Robers NAYS: None ABSTAIN: Supervisor McGraw RESOLUTION 121890-4.h REQUESTING ACCEPTANCE OF HENRY FARMS ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke 667 December 18, 1990 - County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Henry Farms Road, from the intersection of Corntassel Lane to the cul-de- sac, for a distance of 0.11 miles to be accepted and made a part of the Secondary System of State Highways under section 33.1-229 of the Virginia state Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have heretofore been dedicated by virtue of a certain map\maps known as Henry Acres Subdivision which map was recorded in Plat Book 11, Page 171, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on June 12, 1989 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Henry Farms Road and which is shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers December 18, 1990 868 - NAYS: None RESOLUTION 121890-4.i REQUESTING ACCEPTANCE OF HOLLINS COURT DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Hollins Court Drive from the intersection of Williamson Road (Route 11) to the cul-de-sac for a distance of 0.37 miles to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have heretofore been dedicated by virtue of a certain map\maps known as Hollins Court Subdivision which map was recorded in Plat Book 11, Page 147, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on May 23, 1989 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Hollins Court Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a pUblic road to become a part of the State Secondary System of Highways in Roanoke 869 December 18, 1990 - = County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 121890-4.; REQUESTING CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION OF BRADSHAW ROAD (ROUTE 622) BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of a portion of Bradshaw Road (Route 622) which was relocated and reconstructed under VDOT Project 0622-080-131,C501; 2. That it appears to the Board of Supervisors that portions of Secondary Route 622, from 0.45 miles east of the intersection of Green Acre Drive (Route 873) to 0.53 miles east of the intersection of Route 873, a distance of 0.08 miles, has been altered; a new road has been constructed and approved by the State Transportation Commissioner which new road serves the same citizens as the road altered; and these changes are shown on the attached sketch titled "CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION ON ROUTE 622, PROJECT 0622-080- 131,C501, DATED AT RICHMOND, VIRGINIA, ON NOVEMBER 1, 1990"; 870 - DQcQmbsr 1R, 1QQO - 3. That the section of old location, of Route 622, i.e., Section #1 for a total distance of 0.08 miles, is hereby abandoned as a public road, pursuant to Section 33.1-155 of the Code of Virginia, as amended. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 121890-4.k OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA WITH RESPECT TO ROANOKE COUNTY RESOURCE AUTHORITY LANDFILL FINANCING The Board of Supervisors ("Board") of the County of Roanoke, Virginia ("County") created the Roanoke County Resource Authority ("Authority") by resolution adopted June 14, 1989. The Authority was created, among other things, to provide for the development and operation of a sanitary landfill to serve the County and such other entities as the Authority may determine ("Project"). The Authority intends to finance the acquisition, construction, development and equipping of the Project by the issuance of its revenue bonds ("Bonds") and notes in anticipation thereof ("Notes"). The Board has determined that it is in the best interest of the County to assist the Authority in the acquisition, constructiun, development and equipping of the Project and the financing thereof. The Board adopted a resolution on November 15, 1989 agreeing to assist the Authority in such financing and desires to reaffirm such resolution. 971 np-cp-mhpr I A , I YYII - - NOW, THEREFO~E, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Assistance to Authoritv. The Board agrees to assist the Authority in financing the Project. It is anticipated that the Authority will finance the Project by the issuance and sale of its Notes in the principal amount not to exceed $2 million in anticipation of the issuance and sale of the Authority's Bonds. The Board agrees that in the event that the Bonds are not issued, the Board will take such steps as may be necessary to pay to the Authority the amount necessary to pay principal of and interest on the Notes at maturity. The Board, while recognizing that it is not empowered to make any binding commitment beyond the current fiscal year, states that it is its current intention to make sufficient appropriations to pay such moneys to the Authority in the event that the Bonds are not issued by the Authority. Nothing in this Resolution or the Notes shall constitute a pledge of the full faith and credit of the County beyond the constitutionally permitted annual appropriations. 2. Further Actions. The County Administrator and such officers and agents of the County as he may designate are each authorized and directed to prepare, execute, and deliver all papers, instruments, opinions, certificates and other documents and to take such action as they deem appropriate to carry out the purposes of this Resolution and any such action previously taken is hereby ratified and confirmed. '87-2 - D~l,;~lUber lS, lq911 3. Effective Date. This Resolution shall take effect immediately. On motion of Supervisor Johnson to adopt resolution and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ABSENT: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR EDDY: (1) Asked for a report on the number of dogs that may be kept in a private resident. Mr. Hodge responded he would bring a report back in January 1991 (2) Asked for an update on the "No Left Turn" signs at the intersection of Mudlick Road and Grandin Road Extension. Mr. Hodge advised he will contact Roanoke City officials and report back to the board members. SUPERVISOR MCGRAW: (1) Announced that the VACo Board of Directors met recently and will meet again on January 23, 1991. (2) Advised that the Grayson Commission Task Force will study HB 550 and ask for a delay at the 1991 General Assembly. SUPERVISOR ROBERS: Asked the Clerk to the Board to draft a letter from the Board of Supervisors to Rabbi Fox condemning the recent desecration of the jewish cemetery. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1. Capital Fund Unappropriated Balance 873 Dscsmbsr lQ, 1QQO - = 2. General Fund Unappropriated Balance 3. Board Contingency Fund 4. statement of income and expenses for the five months ended November 30, 1990 5. Accounts Paid - October 1990 6. Accounts Paid - November 1990 IN RE: EXECUTIVE SESSION At 4:10 p.m., Supervisor Nickens moved to go into executive session pursuant to the Code of VIrginia 2.1-344 (a) (1) to consider a personnel matter regarding the Social Services Department and (7) to discuss litigation with Fralin and Waldron. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-121890-5 At 4:35 P.M., Supervisor Robers moved to return to Open Session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 121890-5 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke December 18, 1990 874 - County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: OTHER BUSINESS 1. Resolution oDDosina current state cost reduction 875 December 18, 1990 - ~ Droaram in social Services R-121890-6 Supervisor Johnson moved to adopt the prepared resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 121890-6 OPPOSING THE CURRENT COST REDUCTION PROGRAM PRESCRIBED BY THE VIRGINIA DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Roanoke County Board of Supervisors recognizes the financial burden facing the State of Virginia and its localities, and WHEREAS, the Board of Supervisors supports measures aimed at maximizing the efficient delivery of services at all jurisdictional levels, and WHEREAS, the Board supports the most equitable distribution of burden as a result of the budget shortfall, including opportunities at the regional and state, as well as local levels, and WHEREAS, the determination of an equitable distribution requires considerable study and input from the localities affected, NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors stringently opposes the current cost reduction program prescribed by the Virginia Department of Social Services and recommends that no action be taken prior to December 18, 1990 876 - July 1, 1992 or until thorough evaluation of an alternative action at the regional and state, as well as local levels, be completed. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: RECESS AT 4:38 At 4:38 p.m., Chairman Robers declared a dinner recess. IN RE: RECONVENEMENT: At 7:05 p.m., Chairman Robers reconvened the meeting. IN RE: PROCLAMATIONS, RESOLUTIONS AND AWARDS ~ Resolution of ADDreciation to WaYland Winstead for his service on the Plannina Commission. R-121890-7 Mr. winstead was present to receive the resolution from Vice Chairman McGraw. Supervisor Nickens moved to adopt the prepared resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 121890-7 OF APPRECIATION TO WAYLAND H. WINSTEAD FOR HIS DEDICATED SERVICE TO THE ROANOKE COUNTY PLANNING COMMISSION 877 December 18, 1990 - WHEREAS, Wayland H. Winstead has served on the Roanoke County Planning commission since January of 1986; and WHEREAS, Mr. Winstead served as Chairman of that commission from January, 1987, until December, 1988; and WHEREAS, Mr. Winstead received the Virginia American Planning Association's Local Government Official Award in 1989 for his advocacy of the modern planning process and citizen participation in that process; and WHEREAS, Mr. winstead's leadership and innovative thinking have provided Roanoke County with guidance and a firm foundation for the future; and WHEREAS, Mr. Winstead's commitment to the planning process has made Roanoke County a better place in which to live and work. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby express its deep appreciation and gratitude to WAYLAND H. WINSTEAD for his dedication and commitment to the planning process in Roanoke County; and FURTHER, BE IT RESOLVED, that the Roanoke County Board of Supervisors wishes Mr. Winstead the best in his future professional and community endeavors. On motion of Supervisor Nickens to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers December 18, 1990 878 - -., NAYS: None IN RE: PUBLIC HEARINGS 1290-1 Petition of Roanoke Moose Lodge #284 to obtain a Special Use Permit to operate a shooting ranqe in the Catawba Magisterial District. (CONTINUED FROM NOVEMBER 13, 1990.) This pUblic hearing was withdrawn at the petitioner's request. 1290-2 Petition of Rajesh Desai to obtain a Special Exception Permit to operate a home for adults located at 7656 williamson Road in the Hollins Magisterial District. A-121890-8 Supervisor Johnson announced he would refrain from discussion of this request and would abstain from voting because of his employment as President of HCMF Real Estate and Management Corporation. Director of Planning Terry Harrington presented the staff report. He advised that the request would convert the building to nine residential rooms, a kitchen, dining area, sitting room, and offices. Staff recommended approval with conditions. Don Wetherington, attorney for the petitioner, was present and described the plans for the proposed adult home. Mike Bailey, 7516 Deerbranch Road, spoke in opposition because of the number of adult facilities already located in the general vicinity. Supervisor Nickens moved to approve the Special 879 December 18, 1990 - >--- Exception Permit with conditions. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Nickens, Robers NAYS: None ABSTAIN: Supervisor Johnson CONDITIONS (1) The home for adults shall be limited to the one story building existing on the site (marked as Building "E" on the plat submitted) and shall be occupied by no more than. 27 residents. (2) All facilities associated with the home for adults to be fully sprinkled. 1290-3 Petition of Robert Woodward for a special Exception Permit to permit the sale of used cars on the premises at 3306 Brambleton Avenue in the Cave Spring Magisterial District. A-121890-9 Director of Planning and Zoning Terry Harrington presented the staff report, explaining the petitioner plans to expand an existing used vehicle sales business from the two parcels immediately west of the subject property that was approved February 22, 1977. Staff recommended denial of the petition because the proposed use is incompatible with the Comprehensive Development Plan, the traffic circulation problems and the site layout. Ed Natt, attorney for the petitioner, stated that the 88 0 - Oecember 18, 1990 petitioner is willing to limit the permit to 25 used cars and comply with other staff recommendations. He presented a petition supporting the request from residents in the immediate area. The following citizens spoke in opposition: 1. Ellen Holtzman, 3511 Forester Road S.W., who felt that the lot was too small to accommodate this use. 2. Irwin E. Holtzman, 3511 Forester Road S. W. who advised that according to research he undertook, the petitioner does not have a current county business license. 3. Horace L. McPherson, 3561 Forester Road, S. W. felt this was not the best use of this property. Supervisor Eddy moved to deny the Special Exception Permit. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1290-4 Ordinance to rezone 1.301 acres from R-1 to R-3 to allow apartments located on Feather Road at VA 24, Vinton Magisterial District, upon the petition of W. E. Cundiff. (CONTINUED FROM OCTOBER 23, 1990.) 0-121890-10 Mr. Harrington presented the staff report. He reported that the original request was for 32 units and is now proffered at a maximum of 24 units. He advised that the significant impact factors of the proposed rezoning included incompatibility with the 1985 Comprehensive Plan due to the high density of the 88 1 np("!ømhør I H J I YYII - = proposed units and lack of sufficient turnaround for fire and rescue vehicles. The Planning commission recommended approval with conditions. In response to a question from Supervisor Johnson, Mr. Harrington advised that lack of sufficient turnaround will not be addressed in the review process. Supervisor Nickens suggested that Mr. Harrington present the staff reports for 1290-5 and 1290-6 so that citizens who wish to speak can address all three requests. Mr. Harrington advised that 1290-5 was a rezoning request to construct a golf course which is allowed in R-E. The significant impact factors were the use of fertilizers and pesticides which could impact Wolf Creek. Proffered conditions would help alleviate this problem. Public Hearing 1290-6 was a request to rezone eight acres from R-1 to R-3 to construct townhouses. The significant issues pertained to site design, access and density. As a result of a neighborhood meeting, additional conditions have been offered since the Planning Commission hearings. The Planning Commission recommended approval of both rezoning requests. In response to a question from Supervisor Johnson regarding limited parking at the golf course, Mr. Harrington advised that additional parking spaces would be addressed through the site plan negotiations. Supervisor Eddy inquired about relocating the power line for the townhomes. Mr. Harrington responded that the power December 18, 1990 882 ---------- --------- line will be aligned with the rear property line with a required buffer, shifting the town homes toward Bush Valley Swim Club. steve Brown, petitioner for two of the projects, was available to answer questions. He advised there would be no government subsidized housing in the apartments or townhouses. He described plans for the property. The following citizens spoke in opposition to one or more of the rezoning requests: 1. Gordon C. Menzies, 2040 Feather Road. vinton was opposed to the apartments because of the density. 2. Norma Ruble, 2130 Feather Road, was opposed to the apartments because of potential decreased property value and traffic problems. 3. Frank Stone. 1824 Feather Road, spoke in opposition to all three requests and presented a petition signed by 401 residents in the east County area. His concerns included relocation of the power line, the affect on wells from fertilizers on the golf course, its proximity to a day care center, and traffic congestion. 4. Rebecca Karnes, 2138 Feather Road, was opposed to the apartments because of the concern that they would become low cost housing. 5. Rick Calhoun, 1756 Feather Road, was opposed because of traffic congestion. In response to questions from Supervisor Johnson, Mr. Harrington advised that VDOT reviewed the request for the golf 883 December 18, 1990 ---------- course and did not note that this property is an alternate site for the eastern circumferential and that most of the golf course is in the flood plain. Supervisor Nickens moved to deny the rezoning request for apartments. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None DENIAL OF ORDINANCE 121890-10 TO CHANGE THE ZONING CLASSIFICATION OF A 1.301 ACRE TRACT OF REAL ESTATE LOCATED ON FEATHER ROAD ONE- TENTH OF A MILE SOUTH OF ITS INTERSECTION WITH VA 24 (TAX MAP NO. 61.18-2-25) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF R-3 WITH CONDITIONS UPON THE APPLICATION OF W. E. CUNDIFF WHEREAS, the first reading of this ordinance was held on September 25, 1990, and the second reading and public hearing was held October 23, 1990, and continued to December 18, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 2, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Denied on motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers - December 18, 1990 UÅ - NAYS: None 1290-5 Ordinance to rezone approximately 12.3 acres from R-1 to R-E to allow a golf course, located along Wolf Creek Between Hardy Road and VA Route 24, Vinton Magisterial District upon the petition of steve BroWD. (CONTINUED FROM OCTOBER 23, 1990) 0-121890-11 This request was discussed under pUblic hearing 1290- 4. Supervisor Nickens moved to approve the rezoning request. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 121890-11 TO CHANGE THE ZONING CLASSIFICATION OF A 12.3 ACRE TRACT OF REAL ESTATE LOCATED ALONG WOLF CREEK BETWEEN HARDY ROAD AND VIRGINIA 24 (A PORTION OF TAX MAP NOS. 61.18-2-26 AND 61.18-2-25) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF R-E WITH CONDITIONS UPON THE APPLICATION OF STEVE BROWN WHEREAS, the first reading of this ordinance was held on September 25, 1990, and the second reading and public hearing was held October 23, 1990, and continued to December 18, 1990; and, WHEREAS, the Roanoke County Planning commission held a public hearing on this matter on October 2, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law. 885 December 18, 1990 - BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 12.3 acres, as described herein, and located along Wolf Creek between Hardy Road and Virginia Route 24, (a portion of Tax Map Numbers 61-18-2-26 and 61.18-2-25) in the vinton Magisterial District, is hereby changed from the zoning classification of R-1, Single Family Residential District, to the zoning classification of R-E, Residential Estate District. 2. That this action is taken upon the application of steve Brown. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a) The property will be used only for golf course and golf related activities. b) A filter strip, 50 feet centered on the creeks, will be maintained along the two creeks traversing the property and no fertilizers, pesticides, or toxic chemicals will be applied within this filter strip. Along Wolf Creek, a 25 foot filter strip will be maintained as above on the Roanoke County side of the creek. c) There will be no lighting of the golf course. 4. That said real estate is more fully described as follows: 886 = December 18, 1990 Parcel 1 A certain tract or parcel of land located in the Vinton Magisterial District, Roanoke County, Virginia, being a portion of Tax Map No. 61.18-2-26 and being more particularly described as follows: BEGINNING at a point located N. 76° 18' 03" W. 544.79' from an iron pin on the western right-of-way line of Feather Road (state Route 654), said iron pin being located approximately 1870 feet south of the southern right-of-way line of state Route 24; thence, s. 63° 14' 00" W. for a distance of 768.70' to a point; thence, N. 07° 22' 48" E. for a distance of 501.93' to a point; thence, s. 76° 18' 03" E. for a distance of 640.07' to a point, said point being the Point of Beginning, containing 3.665 acres, more or less. TOGETHER with and subject to covenants, easements, and restrictions of record. Parcel 2 A certain tract or parcel of land located in the vinton Magisterial District, Roanoke County, Virginia, being a portion of Tax Map No. 61.18-2-25 and being more particularly described as follows: BEGINNING at an iron pin on the western right-of-way line of Feather Road (state Route 654 - variable width right-of-way), said iron pin being located approximately 700 feet south of state Route 24; thence, with said right-of-way line s. 31° 30' 49" E. for a distance of 33.00' to a point; thence, continuing with same, S. 25° 59' 55" E. for a distance of 56.81' to a point; thence, leaving Feather Road, s. 37° 32' 14" W. for a distance of 547.56' to a point; thence, N. 76° 18' 03" W. for a distance of 33.32'; thence, s. 07° 22' 48" W. for a distance of 501.93' to a point; thence, S. 63° 14' 00" W. for a distance of 191.75' to a point; thence, s. 40° 18' 25" W. for a distance of 220.66' to a point; thence, N. 77° 22' 27" W. for a distance of 111.00' to a point, said point 887 December 18, 1990 - = being the northwest corner of Tax Parcel 68.18-2-15.1; thence, N. 22° 10' 16" W. for a distance of 82.69' to a point in the center of Wolf Creek; thence, with Wolf Creek the following twenty eight (28) courses: N. 30° 06' 15" E. 41.67' to a point; thence, N. 07° 30' 36" W. 32.72' to a point; thence, N. 33° 31' 54" E. 73.96' to a point; thence, N. 64° 46' 28" E. 123.67' to a point; thence, N. 30° 01' 05" E. 84.52' to a point; thence, s. 85° 50' 33" E. 71.33' to a point; thence, N. 57° 06' 42" E. 45.68' to a point; thence, N. 45° 46' 58" W. 41.16' to a point; thence, N. 34° 56' 53" E. 66.46' to a point; thence, N. 07° 31' 34" E. 53.84' to a point; thence, N. 09° 27' 26" E. 100.03' to a point; thence, N. 40° 41' 21" E. 49.81' to a point; thence, N. 08° 11' 01" W. 118.83' to a point; thence, N. 26° 25' 40" E. 96.10 to a point; thence, N. 16° 31' 25" W. 40.13' to a point; thence, N. 45° 29' 53" E. 100.61' to a point; thence, N. 10° 20' 07" W. 52.23' to a point; thence, N. 18° 06' 21" E. 68.66' to a point; thence, N. 60° 04' 04" E. 89.16' to a point; thence, N. 05° 36' 11" W. 63.24' to a point; thence, N. 69° 55' 16" W. 46.83' to a point; thence, N. 31° 26' 26" W. 83.49' to a point; thence, N. 42° 06' 17" W. 133.73' to a point; thence, S. 74° 12' 19" W. 67.18' to a point; thence, N. 35° 38' 32" W. 62.45' to a point; thence, N. 29° 07' 53" E. 34.79' to a point; thence, N. 76° 27' 54" W. 75.90' to a point; thence, N. 57° 08' 03" W. 65.62' to a point; thence, leaving Wolf Creek, N. 01° 00' 46" W. for a distance of 70.27' to a point; thence, N. 84° 35' 03" E. for a distance of 352.61' to an iron pin, said pin marking the northwest corner of a 1.301 acre parcel; thence, with said parcel s. 26° 14' 00" E. for a distance of 370.00' to an iron pin; thence, s. 43° 03' 43" E. for a distance of 90.03' to an iron pin; thence, N. 58° 20' 11" E. for a distance of 120.00' to an iron pin, being the Point of Beginning, containing 8.740 acres, more or less. TOGETHER with and subject to covenants, easements, and restrictions of record. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances December 18, 1990 88 8 - or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 1290-6 Ordinance to rezone 7.8 acres from R-1 to R- 3 to construct townhouses, located on Hardy Road near Wolf Creek, Vinton Magisterial District upon the petition of steve Brown. 0-121890-12 This request was discussed under public hearing 1290- 4. Supervisor Nickens moved to approve the rezoning. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 121890-12 TO CHANGE THE ZONING CLASSIFICATION OF A 7.8 ACRE TRACT OF REAL ESTATE LOCATED ON HARDY ROAD (ROUTE 634) NEAR WOLF CREEK (A PORTION OF TAX MAP NO. 61.18- 2-25 AND ALL OF TAX MAP NO. 61.18-2-25.1) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF R-3 UPON THE APPLICATION OF STEVE BROWN WHEREAS, the first reading of this ordinance was held on September 25, 1990, and the second reading and public hearing was held December 18, 1990; and, aa 9 December 18, 1990 = public hearing on this matter on December 4, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 7.8 acre, as described herein, and located on Hardy Road (Route 634) near Wolf Creek, (a portion of Tax Map Number 61.18-2-25 and all of Tax Map No. 61.18-2-25.1) in the Vinton Magisterial District, is hereby changed from the zoning classification of R-l, Single Family Residential District, to the zoning classification of R-3, MUlti-Family Residential District. 2. That this action is taken upon the application of steve Brown. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. The height limitation of any structure shall not exceed 35 feet. b. Use of the property shall be restricted only to the construction of not more than 32 townhouse units, and related site improvements associated with townhouse developments. c. Screening and buffering shall comply with requirements of Section 21-92 of the zoning ordinance, as amended. Credit shall be considered for trees and vegetation remaining after construction which meet the intent and purposes of the ordinance requirements. - December 18, 1990 890 . d. streets serving the townhouse units shall be designed and constructed to VDOT standards and upon completion shall be dedicated to the state highway system for ownership and maintenance. 4. That said real estate is more fully described as follows: A certain tract or parcel of land (a portion of Tax Map No. 61.18-2-25) lying and being in the vinton Magisterial District, Roanoke County, Virginia, and being more particularly described as follows: BEGINNING at an iron rod, said road being s. 77 deg. 22 min. 27 sec. E. 111.00 feet from the northwest corner of Tax Parcel 61.18-2-25.1; thence, N. 40 deg. 18 min. 25 sec. E. for a distance of 220.66 feet to a point; thence, S. 48 deg. 21 min. 29 sec. E. for a distance of 140.00 feet to a point; thence along a proposed road with a curve to the left having a radius of 271.80 feet and an arc length of 158.63 feet, being subtended by a chord of S. 48 deg. 00 min. 48 sec. W. for a distance of 156.39 feet to a point; thence, N. 77 deg. 22 min. 27 sec. W. for a distance of 134.37 feet to the Point of Beginning; together with and subject to covenants, easements, and restrictions of record; said property containing 0.524 acres, more or less. A certain tract or parcel of land (Tax Map No. 61.18-2-25.1) located on Hardy Road (state Route 634) in the vinton Magisterial District, Roanoke County, Virginia, approximately 70 feet southeast of Wolfe Creek and the Town of Vinton Corporate Line and being more particularly described as follows: BEGINNING on a point on the northern right-of-way line of Hardy Road (state Route 634 - variable width right-of-way); thence, N. 47 deg. 34 min 32 sec. E. for a distance of 427.83 feet to an iron pin; thence, N. 10 deg. 51 min. 48 sec. W. for a distance of 199.86 feet to an iron pin; thence, N. 17 deg. 52 min. 40 sec. W. for a distance of 259.62 feet to an iron pin; thence, S. 77 deg. 22 min. 27 sec. E. for a distance of 390.81 feet to an iron pin; thence, S. 05 deg. 13 min. 40 sec. W. for a distance of 948.84 feet to an iron pin on 89 1 December 18, 1990 - i-- the northern right-of-way line of state Route 634 (variable width right-of-way); thence, S. 62 deg. 30 min. 10 sec. W. for a distance of 34.62 feet to a point; thence, N. 58 deg. 18 min. 32 sec. W. for a distance of 88.56 feet to a point; thence, N. 58 deg. 39 min. 30 sec. W. for a distance of 49.75 feet to a point; thence, N. 58 deg. 02 min. 30 sec. W. for a distance of 149.34 feet to a point; thence, along a curve to the right having a radius of 5704.58 feet and an arc length of 199.13 feet, being subtended by a chord of N. 57 deg. 02 min. 30 sec. W. for a distance of 199.12 feet to a point; thence, N. 42 deg. 19 min. 20 sec. W. for a distance of 15.23 feet to a point; thence N. 43 deg. 16 min. 43 sec. W. for a distance of 59.46 feet to a point, said point being the POINT OF BEGINNING; together with and subject to covenants, easements, and restrictions of record; said property contains 7.296 acres, more or less. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 1290-7 Ordinance amending and reenacting Chapter 4, Amusements, section 4-99, "Bingo Games and Raffles", of the Roanoke County Code providing for an increase in the Audit Fee. (CONTINUED FROM DECEMBER 4, 1990) Mr. Mahoney advised this ordinance was continued to gather data regarding audit fees from the Commissioner of Revenue. - December 18, 1990 S92 Paul J. Whittemore, Administrator for the Roanoke Moose Lodge #284, spoke in opposition. He explained that the Moose Lodge raises money from bingo for community service and the increased audit fee will limit the organization's ability to provide these services. Noting that the Commissioner's report showed some blanks where no audit fee was collected, Supervisor Nickens moved to continue the public hearing to January 22, 1991. He asked that the County Attorney have the report completed by the Commissioner. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 1290-8 Ordinance to amend the 1985 Roanoke County Comprehensive Plan by incorporating into the plan the analysis, conclusions and recommendations contained in the September 1990 Roanoke River Corridor Study. 0-121890-13 Mr. Harrington reported that the Corridor Study began in 1987 and included local governments having jurisdiction along the Roanoke River, four Planning District Commissions, several state agencies, special interest groups and citizens. They recommended that the study be adopted as an amendment to the comprehensive plans of the jurisdictions involved. Supervisor Eddy inquired whether amending the Comprehensive Plan will also include the creation of the Roanoke River Conservation District Commission. Mr. Harrington advised that the Commission will be created at the first of the year and Mr Harrington will be asked to participate. 893, December 18, 1990 - '-- The actual creation of the commission will be through appointments of the participants, not by board action. Supervisor Nickens moved to approve the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 121890-13 AMENDING THE 1985 COMPREHENSIVE PLAN BY INCORPORATING INTO SAID PLAN THE ROANOKE COUNTY CORRIDOR STUDY WHEREAS, the Roanoke County Board of Supervisors adopted the Roanoke County Land Use Plan on June 25, 1985; and WHEREAS, public necessity, convenience, general welfare and good zoning practice has from time to time required that this plan be modified; and WHEREAS, the Roanoke River Corridor Council has with the full support and participation of Roanoke County completed the Roanoke River Corridor Study dated June 1990; and WHEREAS, the Planning commission has reviewed and discussed the analysis, conclusion, and recommendations of the Roanoke River Corridor study, and following a duly advertised public hearing as required by section 15.1-431 of the Code of Virginia, 1950, as amended, on December 4, 1990, adopted a resolution recommending that the Roanoke County Comprehensive Plan be amended to incorporate the analysis, conclusions, and recommendations of said study; and WHEREAS, the first reading of this ordinance was held - December 18, 1990 894 on December 4, 1990; the second reading and public hearing was held on December 18, 1990; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the 1985 Roanoke County Comprehensive Plan is hereby amended to incorporate the analysis, conclusions and recommendations of the Roanoke River Corridor Study. The Roanoke River Corridor study contains information, policy, goals, objectives, and recommendations to guide the County in the land use decision process. 2. That the effective date of this ordinance shall be December 18, 1990. On motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 1290-9 Ordinance to rezone 0.67 acre from B-1 to B- 2 to operate a restaurant, located at 7770 williamson Road, Hollins Magisterial District, upon the petition of Hollins College Corporation. 0-121890-14 Mr. Harrington presented the staff report, advising that the Planning Commission recommended approval. Supervisor Johnson moved to approve the rezoning. The 895 December 18, 1990 - - motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 121890-14 TO CHANGE THE ZONING CLASSIFICATION OF A 0.67 ACRE TRACT OF REAL ESTATE LOCATED AT 7770 WILLIAMSON ROAD (TAX MAP NO. 27.11-1-44) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-1 TO THE ZONING CLASSIFICATION OF B-2 UPON THE APPLICATION OF HOLLINS COLLEGE CORPORATION WHEREAS, the first reading of this ordinance was held on December 4, 1990, and the second reading and public hearing was held December 18, 1990; and, WHEREAS, the Roanoke County Planning commission held a public hearing on this matter on December 4, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 0.67 acre, as described herein, and located at 7770 Williamson Road, (Tax Map Number 27.11-1-44) in the Hollins Magisterial District, is hereby changed from the zoning classification of B-1, Office District, to the zoning classification of B-2, General Commercial District. 2. That this action is taken upon the application of Hollins College Corporation. - December 18, 1990 896 3. That said real estate is more fully described as follows: BEGINNING at an iron point set in the present northwest line of Lee Highway U. S. Route No. 11, 80 feet wide, said point being N. 69 deg. 00 min. E. 107.58 feet from the present southeast corner of Lot 16, on the map of subdivision of F. M. stutsman property recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 1, page 294; thence N. 21 deg. 00 min. W. 250.01 feet to an old iron pin in the Hollins College, Incorporated line; thence continuing with the Hollins College, Incorporated line, N. 53 deg. 05 min. E. 48.11 feet to an iron pin also in the Hollins College line; thence, continuing with the Hollins College line S. 57 deg. 11 min. E. 150.53 feet to an iron pin set in the western boundary line of Hollins College Incorporated and the eastern line of the captioned property; thence with said division line S. 17 deg. 29 min. E. 142 feet to a point on the northwest line of Lee Highway, U. S. Route No. 11; thence, with Lee Highway, U. S. Route No. 11, S. 69 deg. 0 min. W. 126.42 feet to the point and place of beginning, being the eastern portion of Lot 17 of the subdivision of F. M. stutsman property; containing 0.67 acre; and being more fully shown on a plat of survey made by Raymond C. Weeks, SCLS, dated September 9, 1969. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 897 December 18, 1990 - On motion of Supervisor Johnson to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 1290-10 Ordinance vacating a 25 foot right-of-way known as "Dallas Road" shown on map of otterview Gardens Subdivision. 0-121890-15 There was no discussion of this ordinance. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 121890-15 VACATING 340 FEET OF AN UNIMPROVED TWENTY-FIVE (25) FOOT RIGHT-OF- WAY, REFERRED TO AS "DALLAS ROAD," I;.ECORDED IN PLAT BOOK 54, PAGE 52, OTTERVIEW GARDENS SUBDIVISION WHEREAS, F & B Developers Inc., the petitioner, has requested the Board of Supervisors of Roanoke County, Virginia to vacate 340 feet of an unimproved twenty-five (25) foot right- of-way referred to as "Dallas Road," dedicated to the County by plat of otterview Gardens Subdivision found in Plat Book 54, page 52 in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished 898 - December 18, 1990 by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on December 4, 1990; and the public hearing and second reading of this ordinance was held on December 18, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That 340 feet of an unimproved twenty-five (25) foot right-of-way running from Deer Branch Road to otterview Drive along the lot line between Lots 7 and 13 of Otterview Gardens and Lot 33 of Barrens Village, said road referred to as "Dallas Road" and dedicated to Roanoke County by plat of otter- view Gardens Subdivision found in Plat Book 54 at page 52 in the Office of the Clerk of the circuit Court of Roanoke County, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That as a condition of the adoption of this or- dinance, the County reserves and retains a property interest within the twenty-five (25) foot right-of-way for use as a drain- age and a water/ sanitary sewer easement in order to provide a looping of an eventual waterline between Otterview and Branch Drive; and, 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this 899 December 18, 1990 ~ ~ ordinance be, and the same hereby are, repealed. 4. That F & B Developers Inc. shall record a certified copy of this ordinance with the Clerk of the circuit Court and shall pay all fees required to accomplish this transaction. On motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 1290-11 Ordinance vacating the eastern six foot portion of a 12 foot public utility easement located on Lot 20, Block 10, Section 3, Beverly Heights North SUbdivision. 0-121890-16 There was no discussion. Supervisor McGraw moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 121890-16 VACATING THE EASTERN 6- FOOT PORTION OF A 12-FOOT PUBLIC UTILITY EASEMENT LOCATED ON LOT 20, BLOCK 10, SECTION 3, BEVERLY HEIGHTS NORTH SUBDIVISION WHEREAS, McRae B. Riley has requested the Board of Supervisors of Roanoke County, Virginia to vacate the eastern 6- foot portion of a 12-foot public utility easement located on Lot 20, Block 10, Section 3, Beverly Heights North Subdivision in the Catawba Magisterial District as shown in Plat Book 8, at page 16 December 18, 1990 900 - of record in the Clerk's Office of the Roanoke County circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on December 4, 1990; and the public hearing and second reading of this ordinance was held on December 18, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the eastern 6-foot portion of a 12-foot public utility easement located on Lot 20, Block 10, Section 3, Beverly Heights North SUbdivision in the Catawba Magisterial District of record in Plat Book 8 at page 16 in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1-482(b) of ' the 1950 Code of Virginia, as amended; and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 4. That McRae B. Riley shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction. 90 1 December 18, 1990 = On motion of Supervisor McGraw to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 1290-12 Ordinance extending the franchise of Cox Cable Roanoke, Inc. to operate a cable telev- ision system in Roanoke county for a period of 60 days. 0-121890-17 There was no discussion on this ordinance. Supervisor McGraw moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 121890-17 EXTENDING THE FRANCHISE OF COX CABLE ROANOKE, INC. TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY FOR A PERIOD OF 60 DAYS WHEREAS, Cox Cable Roanoke, Inc. currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television system within portions of Roanoke County as part of a valley-wide cable television system; and WHEREAS, negotiations are currently under way between Cox Cable Roanoke, Inc. and the County of Roanoke, the City of Roanoke and the Town of Vinton, Virginia, for the renewal of this franchise agreement as of January 1, 1991, which negotiations may - December 18, 1990 902 not be concluded sufficiently prior to such date to permit adop- tion by the respective governing bodies prior to the expiration of the current franchise agreement on December 31, 1990; and WHEREAS, Cox Cable Roanoke, Inc., is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; WHEREAS, the first reading of this ordinance was held on December 4, 1990, and the second reading of this ordinance was held on December 18, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That in order to permit Cox Cable Roanoke, Inc. to continue to operate a cable television franchise within the territorial limits of Roanoke County, Virginia, after December 31, 1990, and to prevent any interruption of cable television services to customers of Cox Cable Roanoke, Inc., the franchise of Cox Cable Roanoke, Inc. for the operation of a cable television system within Roanoke County, Virginia, is hereby extended for a period of sixty (60) days beginning at 12:00, midnight, on January 1, 1991, under the same terms and conditions as contained in the existing franchise agreement between Cox Cable Roanoke, Inc. and the Board of Supervisors of Roanoke County, Virginia. 2. This ordinance shall be in full force and effect from its passage. 903 December 18, 1990 - - On motion of Supervisor McGraw to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: OTHER BUSINESS Supervisor Johnson requested an Executive Session on January 3, 1991, following the organizational meeting to discuss the Fralin and Waldron law suit. IN RE: ADJOURNMENT At 9:25 p.m., Supervisor Nickens moved to adjourn. The motion carried by a unanimous voice vote.