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Home My WebLink About1/27/1987 - Regular January 27, 1987 , 28~ Roanoke County Board of Supervisors Roanoke County Administration Cente 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 January 27, 1987 The Roanoke County 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, 1987 IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 2:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson; Vice-Chairman Lee Garrett; Supervisor Alan H. Brittle MEMBERS ABSENT: Supervisors Steven A. McGraw and Harry C. Nickens (Supervisor McGraw arrived at 2:05 p.m. an Supervisor Nickens arrived at 2:07 p.m.) STAFF PRESENT: Elmer C. Hodge, County Administrator, John M. Chambliss, Assistant County Administrator of Management Services; John R. Hubbard, Assistant County Administrator of Public Facilities; Timothy W. Gubala, Assistant County Administrator of Communit Development; Paul M. Mahoney, County Attorney, Linda Lehe, Assistant County Attorney; Alfred Anderson, County Treasurer; Clifford Craig, Director of utilities; D. Keith Cook, Director of Huma Resources; Kathy Claytor, Personnel Analist; Diane Hyatt, Director of Finance, Janet Holt-Johnstone, Public Information Officer; Mary H. Allen, Acting Deputy Cler IN RE: OPENING CEREMONIES .·,~84: January 27, 1987 The invocation was given by John M. Chambliss, Assistant County Administrator for Management Services. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of Appreciatioan to Martha H. Matthews Upon Her Retirement: Chairman Bob L. Johnson presented a Resolution of Appreciation to Martha Matthews upon her retirement after thirty-one years with Roanoke County. RESOLUTION OF APPRECIATION TO MARTHA H. MATTHEWS UPON HER RETIREMENT WHEREAS MARTHA H. MATTHEWS was first employed in January of 1952 as a Typist in the Public Works Department; and WHEREAS, Martha H. Matthews has also served as a teacher in the County School System, as a typist in the office of Juvenile & Domestic Relations Court, and since July, 1962, as Secretary-Bookkeeper and Account Clerk in the Roanoke County Library System. 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 Martha H. Matthews for her 31 years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful and productive retirement. On motion of Superviosr Garrett, seconded by Supervisor Brittle and upon the following recorded vote: AYES: Supervisors Brittle, Garrett and Johnson NA YS : None ABSENT: Supervisors McGraw and Nickens January 27, 1987 ~'28 5 __.._,_ _··'_.0".........·.._ ___. .... __'~'_"___"___.'_'~" ,,_ .__. ._, ._~~__ .m._ __._"'___.._._____.. ",..~._.__ ",', .__....., ,_.,__~>_._. ."... _œ_.·_«_~___ ""."H_..___.._~__._.__ ------~......_'" -"._~--"--. >-_... ~-~-~" -,.- 0'" "_'~__ __.._.u.·..,._..~~.«._.__..... _.. ,-,,-, ,- ..- ,-...~._~,._~ ._,'.,0,'.,,·_,_ _~"'_... 2. Presentation of Annual Employee Service Awards: Elmer Hodge, County Administrator announced that many employees were unable to be present because of the inclement weather, and additional awards will be presented at the February 10, 1987 meeting. D. Keith Cook, Director of Human Resources, presented service awards to the following employees: 30 Year Award - Mary Hicks; 20 Year Award - James E. Robertson; 15 Year Award - Edwar E. Burford; 10 Year Award - Edna F. Lawon, Sarah S. AIls, Sherma A. Cable, John W. Birckhead, Jr., Charles R. Hart, Jack J. Heidman, Stephen P. Huff, Michael J. Simpson, James T. Nininger, Jr., Billy H. McDaniel, William R. Hammond, Jr.; 5 Year Award - Richard L. Rock, Linda P. Powell, Louise R. Eakin, Francis W. Birkart, III, Linda C. Bolen, Jeffrey M. Swortzel, Michael J. Warner, Floyd D. Sweeten burg , Geneva Wallace, Gary L. Robertson, Arnold Covey, Jean Clinevell, Margaret Whitescarver. IN RE: NEW BUSINESS 1. Request from the City of Roanoke for support of federal and state funding for the Roanoke Regional Airport Terminal Building Mr. Hodge announced he had received a letter from Roanoke City Manager, W. Robert Herbert, requesting officia support in the form of a resolution for federal and state fundin for the new airport terminal building. This would require no county funding, but endorsement for federal and state funding only. Supervisor Nickens asked that this item be tabled until after Executive Session. 2. Authorization to execute an agreement with Valley Metro: Mr. Hodge reported that the agreement would enable Greater Roanoke Transit Company to provided limited service to and from Edinburgh Square. The cost for this service will be borne by GRTC. , 286 January 27, 1987 Supervisor Brittle moved that the County Administrator be authorized to execute the agreement. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 3. Authorization for Utility Director to construct off-site water facilities in certain cases: utility Director Clifford Craig stated the County Ordinance authorizes the Utility Director to give credits to developers up to one-half the off-site facility fees for facilities they construct for water. Studies have shown that there is a less costly way for Roanoke County to handle this whereby the County would either construct the facilities or contract directly with the contractor who is constructing the facilities. Staff is recommending that the utility Director be authorized to use one-half the off-site facility fees to construct the facility. This would require no additional staff time. Supervisor Garrett moved the staff recommendation. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisor Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 4. Authorization to execute a reimbursement agreement for sewer line installation in Merriman Estates: Mr. Craig stated Mr. Lee Henderson has installed a sewer line extension as part of the Merriman Estates Development, and has provided an easement across his property in order that the sewer can serve adjoining land. He has requested a reimbursement for the cost of this sewer line. The agreement would be for $375 per lot for a maximum reimbursement of $1,500 for a period of five years. There are four lots involved. Supervisor Brittle moved that the County Administrator be authorized to execute a reimbursement agreement for the sewer January 27, 1987 " 267 ,--....,-....-- .,-_._--_..'_...~¥., ~-_._.__.._---_...,..__._- ----,'.._-. line installation in Merriman Estates. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE: REQUESTS FOR WORK SESSIONS 1. Supervisor Johnson requested a work session on the Comprehensive Plan, including recent amendments and changes to b held on February 10, 1987. 2. County Administrator Elmer C. Hodge requested a work session on the expansion of the sewer system to be held on February 10, 1987. IN RE: APPOINTMENTS None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Brittle: Asked when the report on the possibility of televising board meetings will be available. Mr. Hodge stated the information was being compiled and would be available on February 10, 1987. Superviosr Brittle also asked if it was possible to extend the deadline for business licenses, dog tags and filing personal property taxes, since the County offices closed for several days due to inclement weather. County Attorney Paul Mahoney stated these deadlines were set by County Ordinance and the dates could not be changed without amending the ordiance. Supervisor Brittl asked the County Administrator to study the feasibility of keeping the County offices open during inclement weather, and investigate how other localities handle similar situations. ., 288 January 27, 1987 Supervisor Brittle announced that he understands that one member of the Board of Equalization is now out of the area for three months. County Attorney Paul Mahoney stated he would request an amendment from the Judge allowing another member to be appointed, and would report back to the Board with his findings. Supervisor Brittle requested that all departments inform the individual Board members of any meetings affecting their district. Supervisor Brittle moved that the second meeting of the month on the fourth Tuesday begin at 3:00 p.m. and the first meeting of the month continue to begin at 2:00 p.m. Supervisor Nickens seconded the motion, and the motion carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None Supervisor Nickens: Requested a letter of commendation be sent to the Highway Department in recognition of their efforts during the recent snow. IN RE: CONSENT AGENDA Supervisor Nickens moved that the Consent Agenda be approved. The motion was seconded by Supervisor Garrett. RESOLUTION NO. 12787-6 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 ~ounty, Virginia, as follows: 1. That that certain section of the agenda of the ~oard of Supervisors for January 27, 1987, designated as Item J - January 27, 1987 . , 2 8~9 '._.. 0"- ,_.. ,..,,__.._.,,_ ,"__, ,--_.._-_.._,~.,..~,..-.,_.._,,- ~.._.._, .--~_.. -,," -- ...__...-_.__.---_.'-~-,---._.._. ~"_.._._ _______.. ,.._ _~ _~"_M .---~. .--.. ~~- ..-....--.. Consent Agenda be, and hereby is, approved and concurred in as t each item separately set forth in said section designated Items through 3, inclusive, as follows: 1. Minutes of Meeting - January 5, 1987. 2. Request for Bingo Permit from the Vinton Moose Lodge $1121. 3. Confirmation of Committee Appointments to the Building Code Board of Adjustments and Appeals, th Community Corrections Resources Board, the Court Service Unit Advisory Council - Youth and Family Services and the Recreation Commission. 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 Nickens, seconded by Supervisor Garrett and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE: EXECUTIVE SECTION At 3:00 p.m. Supervisor Johnson moved to go into Executive Session purusant to the Code of Virginia Section 2.1-344 (a) (2), (6) to discuss the Regional Airport Commission Contract, potential litigation with Friendship Manor, the Red Lane annexation suit, and a real estate matter. The motion carried by a unanimous voice vote. IN RE: OPEN SESSION Supervisor Garrett moved to go into Open Session at 3:50 p.m. The motion carried by a unanimous voice vote. IN RE: TABLED ITEM FROM NEW BUSINESS ., '2,90 January 27, 1987 1. Request from the City of Roanoke for support of federal and state funding for the Roanoke Regional Airport terminal buildinq: This item had been tabled previously for discussion in Executive Session. Supervisor Brittle moved approval of the following prepared resolution. Supervisor Garrett seconded the motion. RESOLUTION 12787-2 URGING THE UNITED STATES AND AND COMMONWEALTH OF VIRGINIA TO RECOGNIZE THE CRITICAL RELATIONSHIP BETWEEN IMPROVEMENTS AT ROANOKE REGIONAL AIRPORT, AND THE ECONOMIC DEVELOPMENT POTENTIAL OF WESTERN VIRGINIA, AND FURTHER URGING THE UNITED STATES AND COMMONWEALTH TO PROVIDE THE MAXIMUM ELIGIBLE FEDERAL AND STATE FUNDING FOR CONSTRUCTION OF IMPROVEMENT AT SUCH AIRPORT. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Whereas, Roanoke Regional Airport, Woodrum Field (the "Airport") services the air transportation needs of all western Virginia; WHEREAS, adequate air transportation is essential to the economic development of western Virginia, and improvements at the Airport will affect the future growth of communities relying on the Airport for their air transportation needs; WHEREAS, the Airport was not built to handle its present volume of passenger traffic, and construction of a new terminal of approximately 80,000 square feet with a double-loading concourse at a cost of approximately $22,000,000 is necessary to meet the air transportation needs of western Virginia; and WHEREAS, because of the impact of these needed improvements at the Airport on interstate commerce and economic development of the entire region, the United States and the Commonwealth of Virginia should provide the maximum eligible Federal and State funding, respectively, for the required improvements at the Airport. January 27, 1987 I- 2 9 '1 ".-.. _._.. "~--"~~'-.-._.~.. ~., - ,- ..~~--_.." .'-_. .. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. The United States and the Commonwealth of Virginia are urged to recognize the critical relationship between much needed improvements at Roanoke Regional Airport, Woodrum Field, and the economic development needs of all western Virginia and t provide the maximum eligible Federal funding through the Federal Aviation Administration and the maximum eligible State funding through the Virginia Department of Aviation for such terminal improvements. 2. The Deputy Clerk is directed to forward an attested copy of this resolution to the Honorable John W. Warner, Member, United States Senate; the Honorable Paul S. Trible, Jr., Member, United States Senate; The Honorable James R. Olin, Membe of Congress, Members of the General Assembly representing Roanok County, and Mary F. Parker, Clerk, City of Roanoke. On motion of Supervisor Brittle, seconded by Superviso Garrett, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS None IN RE: DINNER RECESS Chairman Johnson declred a dinner recess at 3:55 p.m. IN RE: CALL TO ORDER Chairman Johnson called the meeting back to order at 7:00 p.m. IN RE: FIRST READING OF ORDINANCES 1. Ordinance acce an offer for and authorizin the conveyance of surplus real estate, "Cooks Bottom" property: ., 2 ~2 January 27, 1987 ounty Attorney Paul Mahoney announced an offer had been received Cooks Bottom real estate. It consists of 14 cres of real estate located in Salem. Supervisor Johnson moved to approve the first reading of the ordinance. The motion was econded by Supervisor Brittle and carried by a unanimous roll vote. 2. Ordinance amending Chapter 21, "Taxation" of the Count ents in lieu of real taxa tion valuation, calculation of service a eals: Mr. Mahoney stated ordinance allows the County to impose a service charge on ertain tax exempt property within the County. The service commence on January 1, 1988. The purpose of the ervice charge is to furnish police and fire protection, and ollection and disposal of refuse. Dr. Nickens requested that all potential taxable be notified before the second reading. Mr. Mahoney there are in excess of 100 groups who could be by this service charge. Supervisor Johnson directed the notify as many groups as possible. Dr. Nickens asked if he Commissioner of Revenue was involved in the drafting of the rdinance. Mr. Mahoney responded that draft copies had been sent o both the Commissioner of Revenue and the Treasurer. In esponse to another question, Mr. Mahoney stated that faculty and taff housing must receive a twelve-month notice prior to 'mposition of the service charge. Supervisor Nickens moved to approve the first reading ordinance. The motion was seconded by Supervisor Johnson carried by a unanimous roll call vote. 3. Ordinance authorizating the acquisition of a ht of wa across the Blue Rid e Parkwa Mr. Mahoney stated this ordinance is for acquisition and sewer lines as part of the Clearbrook Water Project. January 27, 1987 ~,~ 9.8 , ...,-......-..-...-".-., Supervisor Brittle moved to approve the first reading of the ordinance. The motion was seconded by Supervisor Nickens and carried by a unanimous roll call vote. IN RE: SECOND READING OF ORDINANCES 1. Ordinance accepting an offer for and authorizing the conveyance of surplus real estate, Old Bent Mountain Fire Station: Mr. Mahoney reported that the County had received an offer from David W. Peters in the amount of $30,000 for this property, and no other offers had been received. Supervisor Garrett moved to approved the second readi of the ordinance. The motion was seconded by SUpervisor Nickens. ORDINANCE 12787-7 ACCEPTING AN OFFER FOR AND AUTHORIZING THE CONVEYANCE OF SURPLUS REAL ESTATE, OLD BENT MOUNTAIN FIRE STATION BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of §18.04 of the Charter of Roanoke County, a first reading concerning the sale and disposition of the hereinafter described real estate was hel on January 13, 1987. A second reading on this matter was held January 27, 1987. This real estate consists of approximately .443 of an acre located on State Route 221, Tax Map No. 111-1-17. 2. That offers having been received for the old Bent Mountain Fire Station, the offer of David W. Peters in the amoun of $30,000 is hereby accepted and all other offers are rejected and 3. That the County Administrator is authorized to exe cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said pro , 29 4: January 27, 1987 perty, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Garrett, seconded by Supervisor Nickens and upon the following recorded vote: AYES: Supervisors Garrett, McGraw, Nickens, Johnson NAYS: None ABSENT: Supervisor Brittle 2. Ordinance authorizinq the acquisition of .017 acre of real estate from the Catawba Hospital: Mr. Mahoney announced that Catawba Hospital had agreed to donate this property to Roanoke County for use in expanding the fire station in that area. There are some incidental costs involved in this transaction. Supervisor McGraw moved to approve the second reading of the ordinance. The motion was seconded by Supervisor Garrett. ORDINANCE 12787-8 AUTHORIZING THE ACQUISITION OF .017 ACRE OF REAL ESTATE FROM THE CATAWBA HOSPITAL BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of §18.04 of the Charter of Roanoke County a first reading concerning the acquisi- tion of the hereinabove described real estate was held on January 13, 1987. The second reading on this matter was held on January 27, 1987. 2. That the County shall acquire this real estate from the Catawba Hospital for the purpose of expanding the fire sta- tion in the vicinity of the Catawba Hospital in order to improve public safety. Catawba Hospital will donate this real estate consisting of approximately 0.17 acre (a portion of Tax Map No. 7.00-1-5) to Roanoke County. The County will pay any costs in- volved in this conveyance. 3. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke January 27, 1987 . I" 295 ,,-,. . '-"'-'-"""'_.'~ . ._,____".w.._____,,__, ~ " .. County as are necessary to accomplish the acquisition of said real estate, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor McGraw, seconded by Supervisor Garrett and upon the following recorded vote: AYES: Supervisors Garrett, McGraw, Nickens, Johnson NAYS: None ABSENT: Supervisor Brittle IN RE: PUBLIC HEARINGS 187-1 Request from FRIENDSHIP MANOR APARTMENT VILLAGE Corporation for Resolution to the General Assembly to classify and desiqnate as exempt from taxation, pursuant to Section 6 (a) (6) of Article X of the Constitution of Virginia, property located in the County of Roanoke County Attorney Paul Mahoney reported that when the Board authorized the settlement of pending litigation with Friendship Manor on January 13, 1987, one element of the settlement was that the Board approve a resolution to the Genera Assembly supporting the tax-exempt status of Friendship Manor Apartment Village. He requested that the prepared resolution be amended to designate Friendship Manor Apartment Village instead of Friendship Manor, Inc. Caldwell Butler, Attorney for Friendship Manor spoke i support of this petition. He stated that Friendship Manor Apartment Village had qualified for a 50lC3 designation stating their income was not taxable, and that they conduct themselves a a non-profit organization. He further stated that 116 units are located in the City and 225 are located in the County. The portion located in the City has been exempt from taxation. , 2.9·6- January 27, 1987 Commissioner of the Revenue R. Wayne Compton spoke in opposition to this petition and presented documents which he felt supported his position. No other citizens spoke in opposition to the petition. Supervisor Nickens stated that he felt there was sufficient evidence that Friendship Manor Apartment Village was a taxable entity, and approval of this resolution was contrary to previous opinions of the Attorney General. He also questioned whether the documents presented support the request for tax-exempt status. His main concern was that no member of the board or legal counsel has had an opportunity to review the legislation that has been submitted to the General Assembly for consideration. Chairman Johnson requested that Mr. Butler provide a copy of the draft legislation to County Attorney, and Mr. Butler stated he would comply. Chairman Johnson announced this had been a very difficult decision for all board members and he thanked the County Administrator and County Attorney for their work on the proposed settlement. Supervisor Johnson moved to approve the prepared resolution as amended by the County Attorney. The motion was seconded by Supervisor Brittle. RESOLUTION 12787-9 TO THE GENERAL ASSEMBLY SUPPORTING TAX EXEMPTION OF PROPERTY OWNED BY FRIENDSHIP MANOR APARTMENT VILLAGE CORPORATION AND USED FOR CHARITABLE AND BENEVOLENT PURPOSES ON A NON-PROFIT BASIS WHEREAS, Friendship Manor Apartment Village Corporation has requested this Board, pursuant to Section 30-19.04 of the Code of Virginia, as amended, to adopt a resolution addressed to the ßeneral Assembly to classify and designate as exempt from ~axation, pursuant to Section 6(a) (6) of Article X of the ~onstitution of Virginia, property located in the County of ~oanoke, owned by it and used for charitable and benevolent þurposes; and January 27, 1987 · 0:' fi1 ,- ~.' J'l7 ,,-,." ,,'"^-- .,,-.....-.., .'--'~~ '. _.- _.._~~.- -,....-....-....- - ...,.",.__..~.- -..""-.".-" .... ...- ._·"H_'___'~_"'."'~ WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the request of Friendshi Manor Apartment Village Corporation was held by the Board on January 27, 1987; and WHEREAS, the provisions of subsection B of Section 30-19.04 of the Code of Virginia, as amended, have been examined and considered by the Board; and WHEREAS, Friendship Manor Apartment Village Corporation, pursuant to Section 58.1-3650.151 of the Code of Virginia, as amended, has been classified and designated as to its properties in the City of Roanoke, as a charitable and benevolent organization within the context of Section 6(a) (6) of Article X of the Constitution of Virginia; BE IT RESOLVED that the Board of Supervisors of the County of Roanoke supports the classification and designation of Friendship Manor Apartment Village Corporation as a charitable and benevolent organization; and BE IT FURTHER RESOLVED that the Board supports the exemptio from taxation of property located in the County of Roanoke, owne by Friendship Manor Apartment Village Corporation, and used exclusively by it for charitable and benevolent purposes on a no profit basis. On motion of Supervisor Johnson, seconded by Supervisor Brittle and the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, and Johnson NAYS: Supervisor Nickens 187-2 Petition of JELCO CONSTRUCTION COMPANY, INC., to amend the existing conditions on the rear portion of the property located north and east of Mick or Mach on Route 221 in the CAVE SPRING MAGISTERIAL DISTRICT (Hela over from December 16, 1986) ., 29~ January 27, 1987 Chairman Johnson announced that the petitioner has requested that this hearing be continued until Feburary 24, 1987. 187-3 Petition of SPRINGWOOD ASSOCIATES to amend the conditions on a 0.606 acare parcel to allow construction of a retail business, located adjacent to 3513 Brambleton Avenue in the WINDSOR HILLS MAGISTERIAL DISTRICT Assistant County Administrator Timothy Gubala announced that the petitioner has requested a 30 day continuance on this rezoning. 187-4 Petition of WILLARD N. AND KATHERINE B.JAMES requesting rezoning of 4.68 acres loated at 6858 Quail Place from R-l Residential to RE Residential Estate to allow nomore than four hourses for pleasure located in the HOLLINS MAGISTERIAL DISTRICT Mr. Gubala reported that the purpose of this rezoning is to allow the petitioners to keep horses on their property. The Planning Commission voted unanimously to recommend approval. Katherine B. James was present and stated she would keep no more than four horses on the property. There was no one present in opposition to this matter. Supervisor Johnson moved to approve the rezoning from R-l Residential to RE Residential Estates. The motion was seconded by Supervisor Brittle. NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 28,13-01-34.1 2716-06-09 and recorded in Deed Book 1248, page 245, and legally described below, be rezoned from R-l District to RE District. January 27, 1987 I~ :f!!) _..,,~.~,..,___.,__..,.."_..,"~__," h"__' . -.. ,- ,,'. .-.--_._-,-,.,.._._."_.~.«._-",-- BEGINNING at a railroad spike set on the south side of a 20 foot perpetual right of way, said point being approximately 0.2 miles west of Va. Sec. Rte. 1913, said point being of the line of property of L. H. Tuck, Jr., et als; thence leaving said point of Beginning and following the property herein described and the Tuck property, N 58 0 30' 00" W. 60.00 feet to an iron pipe; thence continuing with the Tuck property, N. 560 46" 00" W. 204.43 feet to an iron pin on the line of the E. S. & J. E. Byers property;thence with the Byers property and the property herein described, N. 190 00' 00" E. 58.49 feet to an iron pin, thence continuing between said properties, N. 120 03' 00" W. 190.27 feet to a drill hole; thence continuing with the said properties, N. 890 25' 00" E. 106.08 feet to a drill hole; thence continuing between the properties N. 190 20' 00" E. 40.70 feet at an iron pipe; thence continuing between said properties and crossing Tinker Creek, N. 550 20' 00" W. 148.20 feet to an iron pipe set on the west side of Tinker Creek, corner to Lot 15, Map No.3 of Summerdean Subdivision; thence with Lot 15 and the property herein described and generally down the center of Tinker Creek, N. 320 17' 00" E. 136.00 feet to a point in the center of Tinker creek; thence continuing with Tinker Creek, N. 000 50' 00" W.90.85 feet in the center of Tinker Creek,corner to Lot 6 of Meadwood;thence with Lot 6 of Meadwood and the property herein described, N. 600 37' 30" E. 49.00 feet to an iron pin; thence continuing with Lot 6 and the property herein described 550 52' 30"E. 360.06 feet to an iron pin found; thence continuing between said properties, S. 300 53' 30" E. 150.09 feet to an ironpin found on the west side of Quail Place (a street); thence with the west side of Quail Place S. 360 39' 30" W. 122.13 feet to an iron pin found, corner to the W. o. Crutchfield, et als, property; thence continuing with the Crutchfield property, S. 440 52' 30" W. 127.10 feet to a point;thence S. 700 27' 30" E. 23.5 feet to a railroad spike set in the middle of a 30 foot reserved strip for road widening;thence with the Crutchfield property herein described, S. 440 35' 08" W. 58.03 feet to a point;thence following the center of said reserved strip and the property herein described with a curve to the left whose radius is 149.75 and whose arc is 180.65 feet (chord equals S. 100 01' 38" W. 169.89 feet) to a point on the north side of the aforementioned 20 foot perpetual right of way; thence with the north side of said right of way N. 580 30' 00" W. 27.57 feet to an iron pin at the terminus of the said 20 foot perpetual right of way, S.29° 02' 30" W. 20.02 feet to the point of BEGINNING and being a parcel of land containing 4.68 acres and being as shown on plat prepared by T. P. Parker & Son, Engineers and Surveyors, Ltd. dated October 20, 1986, said plat being attached to the hereinafter described deed; and, BEING the same property conveyed unto the grantors by deed dated October 27, 1986 from Dennis W. Body and Thelma A. Body, husband and wife. BE IT FURTHER ORDERED that a copy of this order be ,~ßß January 27, 1987 transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. ADOPTED on motion of Supervisor Johnson and upon the following recorded vote: AYES: Supervisor Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None PROFFER OF CONDITIONS Being in accord with Sec. 15.1-491.1 et. seq. of the code of Virginia and Sec.2l-l05E. of the Roanoke County Zoning Ordinance, the Petitioners Willard N. James Jr. and Katherine B. James hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia the following conditions to the rezoning of the above-referenced parcel of land: In apply for the RE Residential Estate District, we are interested only in obtaining the uses contained in Item 1 (Single family detached dwellings) and Item 5 (Agricultural, except the commercial...). We would like to keep horses on this property and are not interested in the other allowable uses such as contained in Items 2, 3, 4, 6, 7, 12. The only changes we would like from the present R-l zoning is the permission to have horses. The number of horses and/or ponies will be limited to a maximum of four. There will be no other agricultural animals other than horses and/or ponies. 187-5 Petition of the ROANOKE COUNTY PLANNING COMMISSION to amend the Roanoke County Zoning Ordinance to add an emergency communications overlay zoninq district Assistant County Administrator Timothy Gubala reported that the Planning Commission and staff, and the Fire & Rescue staff worked together to develop this district as part of the 911 I·' 8 OJ January 27, 1987 . '. __ _ ..,,_,_~,_._.~ ". ,_ .~.".,'_"." ^_.~ ~·~.__.·.,,·.__h." .... "_'__0 d y.. ,~,,"" ._" _"..__'"~.." ...... .,,_.." _....., .W.._·.··__·_".r··_~" '" system. The purpose of the amendment is restrict the height of structures and trees which could obstruct the transmission of emergency communication. Chairman Johnson requested that in the future issues such as these be brought to the Board in work session prior to a public hearing. County Administrator Elmer Hodge requested that the a policy be established for interpretation of the ordinance. Supervisor McGraw moved to approve the prepared ordinance, and that staff be directed to develop a policy for interpretation and administration of the ordinance. The motion was seconded by Supervisor Johnson. ORDINANCE 12787-10 AMENDING THE R.O.2lliOKE COUNTY ZONING ORDINANCE 'ill ADD AN EMERGENCY a::M-1UNICATIONS OVERIAY ZONING DIS'IRICT BE IT ORDAINED by the 13card of Supervisors of Rœ.noke County, Virginia, as follows: 1. Revise Article V. Special Public Interest Regulations by adding a new Section 21-63 as follows: A. Pur¡:x:>se. This section restricts the height of structures and objects of natural growth. These height restrictions protect the public transmission of carmunications for emergency services, fire protection, and law enforcement. This zone is established for the general purpose of pranoting the health, safety, and general welfare of the public, and other purposes required by Section 21-1 of this ordinance. Further, this zone seeks to protect against the loss of life, health, or property fran fire, flood, panic, or other danger which could result fran the interference of emergency carmunications. B. Overlay Zoning Provisions. The zoning provisions of this section shall be overlays to the underlying zoning district classifications as shown on the Official Zoning Map. As overlay provisions, this section shall serve as a supplement to the underlying zoning district provisions. C. Establishment of Zones. This section establishes certain EIærgency Carmunication Zones. These zones shall include all of the land lying beneath and within one hundred (100) feet to either side of the transmission paths of emergency carmunications fran a microv.a.ve transmission system. These zones are shown on a nap entitled ., ~Q' January 27, 1987 "Rœ.noke County Einergency Ccmnunications Zoning Map," prepared under the direction of the Planning Officer for the Department of Fire and Emergency Services. This map shall be kept as a supplement to the Official Zoning Map. D. Height and Use Limitations. (1) No structure shall be erected, altered, or maintained, and no tree shall be allowed to grown to a height which would obstruct the transmission of emergency cœmunications. (2) No use may be made of any property which would create interference with the transmission of emergency cœmunications. E. Pennits. property located beneath an estimated transmission pa th or wi thin one hundred feet to either side of a path shall be referred to the Planning Officer of the Department of Fire and Emergency Services. (2) The applicant shall satisfy the Planning Officer that the proposed structure will canply with the height and use limitations of this section. 2 Revise Section 21-4-3 by adding provisions for a new supplementary map as follows: Sec. 21-4-3 SUPPLEMEN'mRY W\PS Supplementary maps which are declared to be a part of the Official Zoning Map shall include.!. ~e ReB:ftðke eetm~y F}:eed ~a-if't Ma-þ a-f'td ~he Rea-f'tOJre MtmieiþEtl Jlrif'þOr~ Bef'tiI'tq Ma-þ (a) the Roanoke County Floodplain Map, (b) the Rœ.noke Municipal Airport Zoning Maps, and (c) the Emergency Ccmnuniœ.tions Zoning Map. (c) the Emergency Ccmnuniœ.tions Zoning Map. On motion of Supervisor McGraw, seconded by Supervisor Johnson, and upon the following recorded vote: ~YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE: REPORTS The following reports were received by the Board of ßupervisors: January 27, 1987 , , , 'S03 . ". '.··..d_. ...,.~....,._. .0_ ·__'·'~"_.._·m>'_' 1. Accounts Paid for December 1986 2. Statement of Expenditures for six months ended December 1986 3. Board Contingency Fund 4. Development Data Report IN RE: ADJOURNMENT At 8:04 p.m. Chairman Johnson recessed the meeting until February 2, 1987 at 1:00 p.m. to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 (a) (6) to consider the Red Lane annexation suit. B / /