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HomeMy WebLinkAbout1/28/1986 - Regular January 28, 1986 420 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24015 January 28, 1986 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, 1986. IN RE: CALL TO ORDER Chairman Brittle called the meeting to order at 2:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Alan H. Brittle; Vice-Chairman Bob Johnson; Supervisors Lee Garrett, and Steven A. McGraw MEMBERS ABSENT: Supervisor Harry C. Nickens (arrived at 7:00 p.m.> STAFF MEMBERS PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Timothy W. Gubala, Superintendent of the Department of Development; John Chambliss, Superintendent of Fiscal Management; Sally Turner, Administrative Analyst; Bobbie Hall, Deputy Clerk; and Mary Allen, County Administrator's staff IN RE: JOINT MEETiNG WITH THE SCHOOL BOARD Mr. Homer Duff, Director of Business and Finance for Roanoke County Schools, presented a current and projected capital improvements list to the School Board and the Board of Supervisors. A copy of this list is included in the packet of the Deputy Clerk. 421 January 28, 1986 Mr. Bayes Wilson, Superintendent of Roanoke County Schools, reported that former Governor Charles Robb has proposed legislation which requires all cities and counties to provide a 10 percent (10%) increase in average classroom teacher salary or to raise their annual classroom teacher salary to $24,537 or above in order to receive state funding. Mr. Wilson also held a brief discussion on insurance proposals. Mr. Wilson suggested that the Board members be relieved of their duties to serve on the Data Processing and Vehicle Maintenance Committees. All members of both Boards agreed to this suggestion and it was decided that Mr. Wilson and Mr. Hodge will handle the matters of these committees administratively. IN RE: EXECUTIVE SESSION Chairman Brittle moved to go into Executive Session to discuss legal and real estate matters pursuant to the Code of Virginia 2.1-344 (a) (2) and (6). Supervisor McGraw seconded the motion. The motion carried by a unanimous voice vote. IN RE: OPEN SESSION Supervisor Garrett moved to return to Open Session at 3:10 p.m. The motion was seconded by Supervisor McGraw and carried by a unanimous voice vote. IN RE: OPENING CEREMONIES MEMBERS PRESENT: Chairman Alan H. Brittle; Vice-Chairman Bob Johnson; Supervisors Lee Garrett and Steven A. McGraw MEMBERS ABSENT: Supervisor Nickens (arrived at 7:00 p.m.) STAFF MEMBERS 422 January 28, 1986 PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John Chambliss, Superintendent of Fiscal Management; John Hubbard, Superintendent of Public Facilities; Timothy Gubala, Superintendent of the Department of Development; Sally Turner, Administrative Analyst; Keith Cook, Director of Personnel; Bobbie Hall, Deputy Clerk; and Mary Allen, County Administrator's staff After a moment of silence for the crew and family members of the space shuttle Challenger, the Reverend Rudy Holland of Berean Baptist Church gave the invocation. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF THE AGENDA Supervisor McGraw requested that consideration be given to place another item for Citizens Comments and Communications on the agenda under the 7:00 p.m. heading. County Administrator, Elmer C. Hodge, requested that agenda items J-N be moved to the afternoon session after Item G because of the volume of public hearings. IN RE: PROCLAMATIONS, RESOLUTIONS AND AWARDS Chairman Brittle read a resolution of appreciation to Susan Karnes upon her retirement and Mr. George Garrettson, Director of Libraries, presented the resolution to Ms. Karnes. Supervisor McGraw moved to approve the prepared resolution. The motion was seconded by Supervisor Johnson. RESOLUTION 1-28-86-21 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO SUSAN P. KARNES FOR THIRTEEN YEARS OF SERVICE TO ROANOKE COUNTY WHEREAS, Susan P. Karnes was first employed on December 18 of 1972 as Library Assistant in the Headquarters Library. 423 January 28, 1986 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 Susan P. Karnes for thirteen 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 Supervisor McGraw, seconded by Supervisor Johnson and upon the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, and Brittle NAYS: None ABSENT: Supervisor Nickens Chairman Brittle presented a proclamation to Mr. Dave Burtis proclaiming February as Heart Month. Supervisor McGraw moved to approve the prepared proclamation. The motion was seconded by Supervisor Johnson. PROCLAMATION WHEREAS, diseases of the heart and blood vessels this year will kill nearly one million Americans, which nearly equals to the total number of deaths from all other causes combined; and WHEREAS, an estimated 200,000 of these victims die before retirement age; and WHEREAS, the American Heart Association is the only voluntary health agency whose sole mission is to reduce early death and disability from heart disease, stroke and related disorders; and WHEREAS, the Heart Association's relentless battle against this American epidemic combines a nationwide research program, as well as improving health care in the community through professional and public education, and community service programs. NOW, THEREFORE, I, Alan H. Brittle, Chairman of the Roanoke County Board of Supervisors, do proclaim the month of 424 January 28, 1986 February as American Heart Month and urge all citizens to support the educational and fund raising campaign of the American Heart Association, Roanoke Valley Division. Contributions of time and money will help in the fight against heart disease and stroke. On motion of Supervisor McGraw, seconded by Supervisor Johnson and upon the following roll call vote: AYES: Supervisors Garrett, Johnson, McGraw, and Brittle NAYS: None ABSENT: Supervisor Nickens IN RE: CITIZENS COMMENTS AND COMMUNICATIONS Total Action Against Poverty was scheduled to present their annual report. No one was present at the Board meeting. Supervisor Johnson moved to table this matter. The motion was seconded by Supervisor Garrett. The motion carried by a unanimous voice vote with Supervisor Nickens absent. This report was later scheduled to be heard on February II, 1986, at 3:00 p.m. upon Chairman Brittle's request. IN RE: NEW BUSINESS I. Town of Vinton's Request for Industrial Access Road Funding - Tim Gubala, Superintendent of the Department of Development, presented a report requesting industrial access funds for the Town of vinton in the amount of $150,000 to be used for street improvements within the boundaries of the Vinton Industrial Park. Vinton's request will reduce Roanoke County's available allocatiori by $150,000, leaving $150,000 for the remainder of the fiscal year. There are presently no pending or anticipated industrial access road projects in Roanoke County. Supervisor McGraw moved to approve the prepared resolution. The motion was seconded by Supervisor Garrett. ~I 425 January 28, 1986 RESOLUTION 1-28-86-22 RECOMMENDING INDUSTRIAL ACCESS ROAD FUNDING, TOWN OF VINTON, VINTON INDUSTRIAL PARK WHEREAS, Section 33.1-221, Code of Virginia, provides for the availability of State Industrial Access Funds for implementing approved improvements to public streets to enhance and promote industrial development and continued public safety along public streets; and WHEREAS, Hi-Line Machines, Inc. and three other industrial companies plan to construct new facilities within the Vinton Industrial Park; and WHEREAS, the combined commitment of private funds has exceeded $1,500,000 and where development of infrastructure at the Industrial Park will exceed $700,000; and WHEREAS, the Roanoke County Board of Supervisors, in cooperation with the vinton Town Council, wishes to encourage an support industrial growth and expansion within Roanoke County an the Town of Vinton; and WHEREAS, the Vinton Town Council adopted Resolution No. 725 at its January 7, 1986 meeting where pursuant to Section 33.1-221 the Town guarantees that it shall be responsible for th acquisition of right-of-way and the relocation or adjustment of any utilities, said resolution being incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: I. That Roanoke County hereby recommends industrial access funds in the amount of $150,000 for the industries and project described hereinabove pursuant to §33.1-221 of the 1950 Code of Virginia, as amended. 2. That a copy of this resolution be forwarded to the Virginia Department of Highways and Transportation and the Mayor of the Town of Vinton. 426 January 28, 1986 On motion of Supervisor McGraw, seconded by Supervisor Garrett and upon the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, and Brittle NAYS: None ABSENT: Supervisor Nickens 2. Acceptance of Proposals for Engineering Services for Water and Sewer Projects - John Hubbard, Superintendent of Public Facilities, presented a report requesting approval for a contractual agreement for engineering services to design thirteen (13) water and/or sewer lines. After interviewing engineers for the design phase, Mr. Hubbard reported that the project committee recommends that the contract be awarded to Hurt & Proffitt, Inc., on an hourly cost basis not to exceed $37,000. He reported that funds for the design are available through a transfer from a capital water project constructed under the budget. Construction funds are available through existing appropriations and water and sewer depreciation accounts. Engineering services will be for the following projects: PROJECT ESTIMATES PROJECT CONSTRUCTION COST $ 38,200 40,700 76,200 114,500 88,100 42,660 40,200 10,400 80,800 83,700 108,500 21,900 1. Brooklawn Waterline 2. Burlington Heights Waterline 3. Geiser Road - Orander Drive Waterline 4. Sugarloaf Farms Waterline 5. Western Hills Waterline 6. Alexander Drive Waterline 7. Crestland Drive Waterline 8. Wendover Road Waterline 9. Farmingdale-Southdowns Waterline 10. Woodland Drive Waterline II. Mount Vernon Heights Waterline 12. Terminal Road Waterline 427 January 28, 1986 13. Castle Rock Sewerline 87,800 Supervisor McGraw asked about the Andrew Lewis Place waterlines. Mr. Hubbard reported that this project was budgeted several years ago but because of extra workload on his department, the department decided to have the work done by an outside engineer. Mr. Hubbard reported that he will request a change order with the contract in question or will have the Andrew Lewis Place project rebid. Supervisor Johnson inquired about fire hydrants. Mr. Hubbard reported that this project does include the installation of fire hydrants. Supervisor Johnson moved to approve the request for engineering services. The motion was seconded by Chairman Brittle and carried by the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, and Brittle NAYS: None ABSENT: Supervisor Nickens 3. Request from Montgomery County Public Service Authority to Provide Public Sanitary Sewer Service to Areas in Roanoke County - John Hubbard, Superintendent of Public Facilities, reported that the Montgomery County Public Service Authority received a grant in 1984 to construct waste water facilities to serve the eastern portion of Montgomery County. The Heslep Mobile Home Park is part of the proposed service area. This mobile home park is located in Montgomery County and Roanoke County. The Montgomery County Public Service Authority must receive the County's approval to install facilities in Roanoke County. The staff of the Department of Public Facilities recommends approval of Montgomery County Public Service Authority providing all trailers in the Heslep Mobile Home Park with sanitary sewer service since the trailer park pays real estate and personal property taxes to Montgomery County and children from the park attend Montgomery County Schools. 42ö January 28, 1986 Supervisor McGraw moved to approve the request. The motion was seconded by Supervisor Johnson and carried upon the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, and Brittle NAYS: None ABSENT: Supervisor Nickens 4. Status of Flood Recovery Program - John Chambliss, Superintendent of Fiscal Management, reported on the status of the flood recovery. He reported that the losses to the school system were approved by the U. S. Department of Education and were covered 100 percent (100%). Mr. Chambliss requested that funds in the amount of $273,780 be transferred from the Building Contingency account to a flood recovery account to cover expenses of repairing other County property. A copy of this report has been included in the packet of the Deputy Clerk. Supervisor McGraw moved to approve the appropriation. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, and Brittle NAYS: None ABSENT: Supervisor Nickens IN RE: REQUESTS FOR WORK SESSIONS John Chambliss, Superintendent of Fiscal Management, requested a work session concerning the budget and bond issues. The Board determined to set the work session on Tuesday, February 4, 1986, from 10:00 a.m. to 12:00 p.m. and 5:30 p.m. to 7:30 p.m. John Hubbard, Superintendent of Public Facilities, requested a work session concerning the Six Year Secondary Plan. The Board determined to schedule the work session for 1:00 p.m. on Tuesday, February 25, 1986, before the regular session of the Board. 429 January 28, 1986 County Administrator, Elmer C. Hodge, requested a meeting with Supervisors Garrett and Johnson before the work session to familiarize them with the procedures on adopting the Six Year Plan. IN RE: REQUESTS FOR PUBLIC HEARINGS County Attorney, Paul Mahoney, requesting that a public hearing be scheduled on February 25, 1986, to relocate a polling place from Mount Pleasant Fire Station to Mount Pleasant Elementary School. Supervisor Johnson moved to approve the request. The motion was seconded by Supervisor Garrett and carried by a unanimous voice vote with Supervisor Nickens absent. IN RE: APPOINTMENTS I. Grievance Panel - The Board determined to appoint this vacancy at their meeting on December II, 1986. Board members are to submit names to Keith Cook, Director of Personnel, prior to the meeting. Supervisor Johnson directed Mr. Cook to look in the liability of the Grievance Panel. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McGraw - Supervisor McGraw updated the Board on "Uptown Roanoke County". He reported that an Arts and Crafts Festival will be held on Saturday, October II, 1986, at Tanglewood Mall and that Mr. Hubbard, Superintendent of Public Facilities, is working on a location for the Soapbox Derby for next year and is investigating the possibility of building a Soapbox Derby track at one of the parks utilizing bond monies. This year, the Soapbox Derby will be held on June 28, 1986, at 430 January 28, 1986 the Starkey race track with June 29, 1986, reserved as a rain date. Chairman Brittle - Chairman Brittle requested the County Attorney to update the Board on the Charter. Mr. Mahoney reported that he and Mr. Hopkins are arranging an appointment with Senator Macfarlane and Senator Emick to discuss the Charter. The Charter should go before the Committee on Local Government in the Senate early next week. IN RE: CONSENT AGENDA Supervisor McGraw moved to approve the Consent Agenda. The motion was seconded by Supervisor Johnson. RESOLUTION NO. 1-28-86-26 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: I. That that certain section of the agenda of the Board of Supervisors for January 28, 1986, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items I through 4, inclusive, as follows: 1. Minutes of Meetings - July 9, 1985, January 14, 1986. 2. Request of the Moose Lodge No. 284 for a Raffle Permit. 3. Resolution authorizing the Chairman to execute certain documents - Fields/Triton Project. - Resolution. 4. Request for a Raffle Permit for the Catawba Little League. 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. 431 January 28, 1986 On motion of Supervisor McGraw, seconded by Supervisor Johnson and upon the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, and Brittle NAYS: None ABSENT: Supervisor Nickens RESOLUTION 1-28-86-26.A AUTHORIZING THE CHAIRMAN OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO EXECUTE CERTAIN DEEDS OF EASEMENT AND AGREEMENTS CONCERNING THE ACCEPTANCE AND ABANDONMENT OF CERTAIN SEWER AND DRAINAGE EASEMENTS AND THE ESTABLISHMENT OF STORMWATER RETENTION POND AND FACILITIES WHEREAS, W. Price Fields and Estelle C. Fields desire to construct certain improvements on a tract of real estate in Roanoke County, Virginia, located at the intersection of williamson Road and Greenway Drive; and WHEREAS, said improvements necessitate to dedication of certain sanitary sewer and drainage easements, the abandonment, release and relocation of an existing easement and the establishment of a storm water retention pond or percolation pond and accompanying structures; and WHEREAS, certain documents must be executed to accomplish these beneficial purposes. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: I. That the Chairman of the Roanoke County Board of Supervisors is hereby authorized to accept the dedication of certain sanitary sewer and drainage easements, to abandon, release and relocate an existing easement and to agree to the construction of a storm water retention pond or percolation pond and accompanying structures, all on behalf of Roanoke County, Virginia. 2. That said easements, facilities and structures are necessary to develop and construct certain improvements on a parcel or tract of real estate located in Roanoke County consisting of 1.246 acres located at the intersection of January 28, 1986 432 Williamson Road and Greenway Drive and owned by W. Price Fields and Estelle C. Fields. 3. That the Chairman is hereby authorized to execute such documents as may be necessary to accomplish the purpose and intent of this resolution, upon the form to be approved by the County Attorney. On motion of Supervisor McGraw, seconded by Supervisor Johnson and upon the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, and Brittle NAYS: None ABSENT: Supervisor Nickens IN RE: REPORTS The following reports were received by the Board of Supervisors: I. Letter from U. S. Department of Agriculture, Forest Service concerning options to acquire acreage in the Catawba Magisterial District. 2. Development Data Report. 3. Report on Board Training Session - The Board directed Keith Cook, Director of Personnel, to select a location and time and to notify the Board of Supervisors, Mr. Hodge, Mr. Mahoney, Mr. Hubbard, Mr. Chambliss, Mr. Gubala, and the Professor from VCU. Mr. Cook was also directed to attend the session. 4. Financial Statements for period ending December 31, 1985. 5. Comparison of Valley Governments Current Tax Rates. 6. Unappropriated Balance. IN RE: EXECUTIVE SESSION 43~ January 28, 1986 Chairman Brittle moved to go into Executive Session to discuss acquisition of additional park land and legal matters pursuant to the Code of Virginia 2.1-344 (a) (2) and (6). Supervisor Johnson seconded the motion. The motion carried by a unanimous voice vote with Supervisor Nickens absent. IN RE: OPEN SESSION Supervisor McGraw moved to return to Open Session. The motion was seconded by Supervisor Garrett and carried by a unanimous voice vote with Supervisor Nickens absent. IN RE: DINNER RECESS Chairman Brittle declared a dinner recess at 5:40 p.m. IN RE: CALL TO ORDER Chairman Brittle called the meeting to order at 7:03 p.m. MEMBERS PRESENT: Chairman Alan H. Brittle; Vice-Chairman Bob Johnson; Supervisors Lee Garrett, Steven A. McGraw; and Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Timothy Gubala, Superintendent of the Department of Development; John Chambliss, Superintendent of Fiscal Management; John Hubbard, Superintendent of Public Facilities; Bobbie Hall, Deputy Clerk; and Mary Allen, County Administrator's staff IN RE: MISCELLANEOUS ITEMS Supervisor Johnson moved to authorize and direct the County Attorney and the County Administrator to execute such documents and to take such steps as necessary to exercise the option to purchase that real estate identified as the Bailey January 28, 1986 434 Estate consisting of approximately 177.5 acres in the amount of $104,000.00 plus closing expenses less the option amount previously paid and to appropriate said amount from the utility Fund. The motion was seconded by Supervisor McGraw, and car- ried by a unanimous roll call vote. IN RE: PUBLIC HEARINGS Petition of Charles F. Faggart requesting rezoning from R-E to B-2 and M-2, a parcel of land located on Route 221 at Harmony Lane in the Cave Spring Magisterial District. (HELD OVER FROM JANUARY 14, 1986) APPROVED W. Heywood Fralin was present on behalf of the petitioner, Charles F. Faggart. Mr. Fralin reported that the petitioner is requesting rezoning to operate a retail nursery and storage of nursery inventory and equipment. There was no one present in opposition. Supervisor Garrett moved to approve the rezoning request. The motion was seconded by Supervisor Johnson. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 95.02-1-34 and recorded in Deed Book 559, page 532 and legally described below, be rezoned from Residential Estates (R-E) District to B-2 and M-2 District as shown on the attached survey plat marked Exhibit A. Legal Description of Property: BEGINNING at a pole on the northerly side of u. S. Route 221 at the southeasterly corner of Charles F. Faggart property, being also corner to J. N. Wade property; thence with the northerly line of U. S. Route 221, N 79° 19' W. 142.6 feet to a point; thence S. 69° 38' W. 10.0 feet to a point (this point is located N. 69° 38' E. 150.0 feet from the easterly side of a 50 foot Private roadway); thence with a new division line through the property of Charles F. Faggart, N. 9° 30' W. 167.99 feet to a point; thence N. 74° 11' 45" E. 147.28 feet to a point on the westerly line of J. N. Wade property; thence with the 435 January 28, 1986 line of Wade, S. llo 25' E. 179.43 feet to the BEGINNING and containing 0.593 acre and being as shown on plat prepared by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated January 7, 1986. BE IT FURTHER ORDERED that a copy of this order be 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 Garrett, seconded by Supervisor Johnson, and upon the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle NAYS: None ABSENT: None PROFFER OF CONDITIONS TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: Being in accord with Section 15.1-491.1 et seq. of the Code of Virginia and Section 21-11 of the Code of Roanoke County, the Petitioner, Charles F. Faggart, 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. I. Petitioner will abide by the vegetation screening regulations of Roanoke County. 2. Petitioner will use the proposed B-2 area only as retail nursery/greenhouse operation. 3. Petitioner will use the proposed M-2 area only for the storage of nursery and greenhouse stock, inventory and supplies, and for the storage of his equipment, and the automobile parking. 4. In the event the subject property should ever ceas to be used as a nursery, greenhouse, and for the storage of nursery and greenhouse inventory and equipment, then the subject property shall revert to RE zoning. Petition of Appalachian Power Company to rezone a 47 acre parcel from Residential RE to Business BI and Industrial M2 for construction of its General Office Transmission and Distribution Service Center located on the north side of Loch Haven Drive in the Catawba Magisterial District. January 28, 1986 436 APPROVED Mr. Dan Layman, attorney for Appalachian Power Company, was present on behalf of Appalachian, and reported that many buildings owned by Appalachian were lost in the flood and that they desire this land to construct its General Office Transmission and Distribution Service Center. Mr. Layman also presented a slide presentation of the proposed building. There was no one present in opposition. Supervisor Nickens moved to approve the prepared final order with proffered conditions. The motion was seconded by Supervisor Garrett. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 36.10-1-14 and legally described below, be rezoned from RE (Residential Estates) District to B-1 (Office) and M-2 (General Industrial) District, subject to the following conditions: (A) The portion of the land rezoned M-2 (General Industrial District) will not be used for any of the following: 1. Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products; 2. Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas; 3. Manufacture of musical instruments, toys, novelties and rubber and metal stamps; 4. Seed and feed stores; 5. Cabinet, furniture and upholstery shops; 6. Veterinary hospital and commercial kennels with exterior runs and yards; 7. Commercial laundry and dry cleaning plants; / 4 3 7 January 28, 1986 8. Flea markets; 9. Brick manufacturing plants and sawmills; 10. Cotton spinning mills; II. Boat building; 12. Stone works. (B) Section 21-92 of the Roanoke County Zoning Ordinance, governing screening and buffering between building sites situated in different zoning districts, will be deemed to apply to the boundary line between the portion of the land rezoned B-1 (Office District) and the portion rezoned M-2(General Industrial District). (C) (1) If Appalachian Power Company has not, by February 1, 1991, commenced construction of improvements on the portion of the land rezoned M-2 (General Industrial District) in accordance with a site plan approved by the appropriate Roanoke County officials, and if no extension of such deadline is granted by Roanoke County on request of Appalachian, Appalachian will promptly offer the entire 47± acre parcel for sale at its appraised fair market value as zoned B-I and M-2. (2) If Appalachian Power Company has not, by February I, 1993, commenced construction of improvements on the portion of the land rezoned B-1 (Office District) in accordance with a site plan approved by the appropriate Roanoke County Officials, and if no extension of such deadline is granted by Roanoke County on request of Appalachian, Appalachian will promptly offer the portion of the land rezoned B-1 for sale at its appraised fair market value as zoned B-1. Legal Description of Property: (a) The portion of the land rezoned B-1 (Office District): BEGINNING at an iron pin in the northerly right of way line of Virginia Route 419, said pin lying S. 620 32' 56" E. 166.18 feet from a concrete highway monument near and northwest of its intersection with Loch Haven Road, thence with a new line through the January 28, 1986 438 property of the Levi A. Huffman Estate the following courses and distances: N. 33° 26' 36 E. 189.26 feet to a point; N. 74° 07' 50 E. 257.15 feet to a point; s. 75° 52' 34 E. 154.22 feet to a point; s. 87° 00' 20 E. 193.14 feet to a point; s. 89° 23' 38 E. 159.04 feet to a point; N. 80° 46' 32 E. 84.24 feet to a point; N. 75° 32' 15 E. 365.24 feet to a point; N. 64° 41' 02 E. 155.32 feet to a point; N. 49° 28' 34 E. 86.06 feet to a point; N. 38° 58' 32 E. 383.19 feet to a point; N. 57° 55' 32 E. 144.98 feet to a point in the line of Gratton E. Wells; thence, running with lands of Gratton E. Wells and lands of B. w. Francisco N. 79° 13' 04" E. 126.63 feet to a concrete monument with copper pin, marking a property corner common to the said herein described property, said lands of B. w. Francisco, and lands of Donald E. Davis; thence, running with the common boundary line between the said herein described property and said lands of Donald E. Davis S. 6° 15' E. passing a concrete monument with copper pin at a distance of 232.18 feet and running in all a total distance of 282.20 feet to a monument with copper pin located in the northerly right of way line of Loch Haven Road; thence, running with the said northerly right of way line of Loch Haven Road the following eleven (11) courses and distances: S. 57° 55' 32" W. s. 58° 58' 32" W. 89.97 feet to an iron pin; 360.69 feet to a concrete highway monument; 153.68 feet to an iron pin; 223.87 feet to an iron S. 49° 28' 34" W. S. 64° 41' 02" W. pin; S. 75° 32' 15" W. 407.46 feet to an iron pin; S. 80° 46' 32" W. 123.76 feet to an iron pin located at the easterly edge of a soil farm road; N. 89° 23' 38" W. 191.09 feet to an iron pin; N. 87° 00' 20" W. 228.62 feet to an iron pin; N. 75° 52' 34" W. 103.08 feet to a concrete highway monument; S. 74° 07' 50" W. 72.38 feet to an iron pin located at the point of a curve; With a curve to the right having an arc distance of 204.28 feet, a radius of 798.51 feet, and the long chord of said curve being N. 77° 30' 28" W. for a distance of 203.72 feet to an iron pin located in the northerly right of way line of Virginia Route 419; 439 January 28, 1986 thence, running with the said northerly right of way line of Virginia Route 419 N. 560 33' 24" w. 105.30 feet to an iron pin, the point of BEGINNING, being shown on a plat entitled "Survey for Appalachian Power Co. Showing 45.88 Acre Tract Property of Levi A. Huffman Estate," dated December 2, 1985, made by T. P. Parker & Son, Engineers and Surveyors, Ltd. Legal Description of Property: (b) The portion of the land rezoned M-2 (General Industrial District): BEGINNING at an old planted stone located near a rock wall, which said old planted stone marks a property corner common to the herein described property, lands of Paul R. Myers, Lots 2 - Morris Subdivision, and land of Gratton E. Wells; thence, leaving said point of BEGINNING and running with the common boundary line between the said herein described property and said lands of Gratton E. Wells the following two (2) courses and distances: S. 760 47' 02" E. 163.0 feet to a concrete monument with copper pin; and N. 670 45' 00" E. 902.0 feet to a concrete monument with copper pin; thence, running partly with the common boundary line between the said herein described property and lands of Ellis L. Wells and running partly with other lands of Gratton E. Wells the following two (2) courses and distances: S. 230 47' 30" E. 561.60 feet to a concrete monument with copper pin; and N. 790 13' 04" E. 208.37 feet to a point; thence leaving the line of Gratton E. Wells and with a new line through the property of the Levi A. Huffman Estate the following courses and distances: S. 570 55' 32" W. S. 380 58' 32" W. S. 490 28' 34" W. S. 640 41' 02 W. S. 750 32' 15 W. S. 800 46' 32 W. N. 890 23' 38 W. N. 870 00' 20 W. N. 750 52' 34 W. S. 740 07' 50 W. S. 330 26' 36" W. feet feet feet feet feet feet feet feet feet feet to to to to to to to to to to a point; a point; a point; a point; a point; a point; a point; a point; a point; a point; 144.98 383.19 86.06 155.32 365.24 84.24 159.04 193.14 154.22 257.15 and 189.26 feet to a point; an iron pin in the northerly right of way January 28, 1986 440 line of Virginia Route 419; thence, running with the said northerly right of way line of Virginia Route 419 the following courses and distances: N. 620 32' 56" w. 166.18 feet to a concrete highway monument; N. 780 15' 18" w. 95.33 feet to an iron pin; and N. 650 02' 56" w. 227.79 feet to a concrete monument with copper pin; thence leaving said northerly right of way line of Virginia Route 419 and running partly with the common boundary line of the said herein described property and lands of Raymond D. Hinchee and running partly with the lands of Gary R. Myers the following two (2) courses and distances: N. 300 10' E. passing a concrete monument with copper pin at a distance of 30.00 feet and running in all a total distance of 71.62 feet to a concrete monument with copper pin; and N. 510 27' E. 834.00 feet to a concrete monument with copper pin; thence, running with the common boundary line of the said herein described property and said lands of Paul R. Myers N. 470 31' E. 263.00 feet to an old planted stone located near a rock wall, the point of BEGINNING, being shown on a plat entitled "Survey for Appalachian Power Co. Showing 45.88 Acre Tract Property of Levi A. Huffman Estate," dated December 2, 1985, made by T. P. Parker & Son, Engineers & Surveyors, Ltd. BE IT FURTHER ORDERED that a copy of this order be 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 Nickens, seconded by Supervisor Garrett, and upon the following recorded vote: AYES: Supervisors Garrett, Johnson, Nickens, and Brittle NAYS: None ABSTAINED: Supervisor McGraw PROFFER OF CONDITIONS TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: 441 January 28, 1986 Being in accord with Section 15.1-491.1 et seq. of the Code of Virginia and Section 21-11 of the Code of Roanoke County, the Petitioner, Appalachian Power Company, 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: (A) The portion of the land rezoned M-2 (General Industrial District) will not be used for any of the following: 1. Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products; 2. Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas; 3. Manufacture of musical instruments, toys, novelties and rubber and metal stamps; 4. Seed and feed stores; 5. Cabinet, furniture and upholstery shops; 6. veterinary hospital and commercial kennels with exterior runs and yards; 7. Commercial laundry and dry cleaning plants; 8. Flea markets; 9. Brick manufacturing plants and sawmills; 10. Cotton spinning mills; 11. Boat building; 12. Stone works. (B) Section 21-92 of the Roanoke County Zoning Ordinance, governing screening and buffering between building sites situated in different zoning districts, will be deemed to apply to the boundary line between the portion of the land rezoned B-1 (Office District) and the portion rezoned M-2 (General Industrial District). 442 January 28, 1986 (C) (1) If Appalachian Power Company has not, by February 1, 1991, commenced construction of improvements on the portion of the land rezoned M-2 (General Industrial District) in accordance with a site plan approved by the appropriate Roanoke County officials, and if no extension of such deadline is granted by Roanoke County on request of Appalachian, Appalachian will promptly offer the entire 47+ acre parcel for sale at its appraised fair market value as zoned B-1 and M-2. (2) If Appalachian Power Company has not, By February 1, 1993, commenced construction of improvements on the portion of the land rezoned B-1 (Office District) in accordance with a site plan approved by the appropriate Roanoke County officials, and if no extension of such deadline is granted by Roanoke County on request of Appalachian, Appalachian will promptly offer the portion of the land rezoned B-1 for sale at its appraised fair market value as zoned B-1. Petition of Carolyn A. witt to renew a Special Exception Permit to allow a mobile home located on the west side of Route 783 in the Catawba Magisterial District. (CONTINUED FROM DECEMBER 10, 1985) There was no one present to speak in support or in opposition of this public hearing. Mr. Timothy Gubala, Superintendent of the Department of Development, reported that the modifications to the lot have not been completed to meet the Zoning Ordinance. Supervisor McGraw moved that the petition be denied if all the prescribed conditions have not been met by February 28, 1986, including the placement of the mobile home. Supervisor Nickens seconded the motion. Supervisor Garrett moved to amend Supervisor McGraw's motion to say that the work will be done in a given time to the satisfaction of the staff. Supervisor McGraw agreed to accept the amendment to his motion. Supervisor Brittle seconded the 440 January 28, 1986 amendment. The motion and the amendment carried by the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle NAYS: None Petition of Restin South, Inc. for a Special Exception Permit to continue operating a home for adults on the south side of Route 657 in the Cave Spring Magisterial District. APPROVED Ms. Teri Rothmeier, Route 5, Box 480, Roanoke, Virginia, was present on behalf of the petitioner. There was no one present in opposition. Supervisor Nickens moved to approve the Special Exception Permit. The motion was seconded by Supervisor McGraw. FINAL ORDER NOW, THEREFORE, BE IT RESOLVED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 107.00-2-17;18 and recorded in Deed Book 499, Page 296 and legally described below, be granted a Special Exception Permit. BEGINNING at a point on the south side of Virginia Secondary Route 657; thence N. 870 53' E. 215.8 feet to a point; thence N. 890 53' E. 100 feet to a point; thence leaving a point near said Virginia Secondary Route 657, S. 340 40' W. 140 feet to a point; thence S. 110 37' E. III feet to a 30" poplar; thence S. 330 15' 55" W. 41.81 feet to a point; thence S. 300 22' 05" E. 477.54 feet to a point; thence S. 570 10' 55" W. 745.43 feet to a point near a 30" oak; thence N. 60 01' 17" E. 55.96 feet to a point; thence N. 200 49' 17" E. 149.58 feet to a point; thence N. 20 59' 17" E. 281.77 feet to a point; thence N. 50 34' 43" W. 165.49 feet to a point; thence N. 140 55' 43" W. 268.35 feet to a point; thence N. 20 44' 17" E. 168.96 feet to an old iron pin; thence S. 670 12' E. 114.5 feet to a point on the easterly side of a gravel drive; thence N. 480 53' E. 63.0 feet to the place of BEGINNING, and containing 9.11 acres as more fully shown by a plat made by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated September 9, 1985. EXCEPTED from this conveyance is a certain parcel conveyed to the Commonwealth of January 28, 1986 444 Virginia for construction of Virginia Secondary Route 657, as more fully shown on the aforesaid plat and being within the bounds of Virginia Secondary Route 657. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and he be directed to reflect that change on the Official zoning Map of Roanoke County. ADOPTED on motion of Supervisor Nickens, seconded by Supervisor McGraw, and upon the following roll call vote: AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle NAYS: None Petition of Frank E. Furrow for a Special Exception Permit to allow a mobile home on the north side of Route 622 in the Catawba Magisterial District. APPROVED Mr. Frank Furrow was present to answer any questions the Board might have. There was no one present in opposition. Supervisor McGraw moved to approve the Special Exception Permit. The motion was seconded by Supervisor Nickens and carried by the following roll call vote: AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle NAYS: None Petition of Wendy's of Western Virginia to rezone from Residential District R-3 and Business District B-1 to Business District B-2, three parcels of land located on Brambleton Avenue in the Windsor Hills Magisterial District. APPROVED Mr. Gilbert Butler was present on behalf of the petitioner. There was no one present in opposition. Supervisor Garrett moved to approve the rezoning request. The motion was seconded by Supervisor Johnson. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned 445 January 28, 1986 tract of land, more particularly described below, be rezoned from B-1 and R-3 to B-2. Part of Lot 8, Lots 9 and 10, D. B. Ferguson Map, as shown on the Roanoke County tax maps as parcels 77.09-4-42, 43, and 44. BE IT FURTHER ORDERED that a copy of this order be transmitted to the County Planner and that he be and hereby is directed to reflect that change on the official zoning maps of the County. ADOPTED on motion of Supervisor Garrett, seconded by Supervisor Johnson and upon the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle NAYS: None PROFFER OF CONDITIONS The petitioner hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia the following condition to the zoning request hereinabove set forth: I. That the subject property will be developed in substantial conformity to the conceptual site plan attached hereto as Exhibit A. Petition of Susanne and Lew Royster to rezone a portion of a parcel from Business B-2 to Business B-3 and obtain a Special Exception Permit to operate an antique car sales business, located on the north side of Route 221 in the Windsor Hills Magisterial District. APPROVED Mr. Lew Royster was present to answer any questions the Board might have. There was no one present in opposition. Supervisor Garrett moved to approve the rezoning and the Special Exception Permit. The motion was seconded by Supervisor Johnson. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 95.01-1-34 and recorded in Deed Book 911, Page 408 and January 28, 1986 440 legally described below, be rezoned from B-2 (Business District) to B-3 (Business District). Tract 3, containing 0.359 acres, more or less, according to a plat of the C. F. Kefauver Estate, Colonial American National Bank, Trustee, showing division of 245.43 acre tract situate on U. S. Highway 221, by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated February 22, 1985, of record in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia, in Plat Book 9, at page 327; Together with one-half the water from the well located on Tract 2 as shown by the said plat of record in Plat Book 9, page 327, together with an easement to repair, maintain and replace the existing pipelines and electric lines to and from the well on the said Tract 2 and the above described Tract 3, and the right of ingress and egress to and from the well for the repair, maintenance and replacement of the pump; and BEING a part of the same property conveyed to C. F. Kefauver from Boyd F. Butler, et als., by deed dated January IS, 1971, of record in the aforesaid Clerk's Office in Deed Book 911, page 408. Description is for the entire parcel. Diagram details specific location of portion rezoned to B-3 with conditions. BE IT FURTHER ORDERED that a copy of this order be 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 Garrett, seconded by Supervisor Johnson, and upon the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle NAYS: None PROFFER OF CONDITIONS TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: Being in accord with Section 15.1-491.1 et seq. of the Code of Virginia and Section 21-11 of the Code of Roanoke County, the Petitioner, Susanne B. Royster, hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia, the 447 January 28, 1986 following conditions to the rezoning of the above-referenced parcel of land. The property will be used only for the sale of used cars. All business will be conducted within the confines of the structure. Petition of Roy C. Woods to rezone a parcel from Agricultural A-I to Business B-2 for an office, showcase and storage for floor covering, located on the south side of Route 221 in the Windsor Hills Magisterial District. APPROVED Mr. Daniel Crandall was present on behalf of the petitioner. Mr. Roger Vest was present in support of the rezoning. There was no one present in opposition. Supervisor Garrett moved to approve the rezoning request. The motion was seconded by Supervisor Nickens. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 95.02-2-4 and recorded in Deed Book 1216, Page 1397, at the Circuit Court Clerk's Office of the County of Roanoke and legally described below, be rezoned from A-I Agricultural District to B-2 Business District. BEGINNING at an iron pipe on the Southerly side of U. S. Highway Route No. 221, at the point of intersection of the same with the Easterly boundary line of the property of W. T. Rierson of record in the Clerk's Office of the circuit Court of Roanoke County, Virginia, in Deed Book 159, Page 495; thence leaving the "Rierson" land and along the Southerly side of the aforesaid Highway, with a line 25 feet southerly from the center line of said Highway, passing through a planted concrete highway monument at 115.7 feet in all S. 810 17' E. a total distance of 273.4 feet to an iron pipe at the point of intersection of the present southerly side of the aforesaid U. S. Highway Route No. 221, with the center line of the old abandoned Road; thence continuing with the Federal Highway line S. 700 55' E. passing under the January 28, 1986 448 C & P Telephone Company's pole and wire line at 53 feet, in all a total distance of 71.2 feet to a planted concrete monument; thence S. 440 34' E. 45 feet to a point in the center of Back Creek: (this point is N. 440 34' W. 30 feet from a planted concrete monument on the southerly banks of said Creek); thence up the center of Back Creek with the northerly line of the property of R. V. Bell, the following five courses and distances, S. 740 15' w. 116 feet; N. 880 45' W. 100 feet; S. 760 W. 75 feet; S. 540 W. 108 feet; N. 680 30' W. 76 feet to a point corner to the land of W. T. Rierson; thence leaving the Creek and with the easterly line of the said "Rierson" property N. 220 IS' E. passing 5-1/2 feet to the east from the center of a 12" Sycamore tree at 92 feet, passing under the C & P Telephone Company pole and wire line, now buried at 125 feet passing the center of the abandoned road at 140- feet in all a total distance of 195 feet to the PLACE OF BEGINNING and containing 1.05 acres; this is the same property shown on the plat which is recorded with Deed found in Deed Book 227 at page 403; BEING the same property conveyed to Roy C. Woods from C. D. Kittinger recorded in Deed Book 1216, Page 1397, in the Clerk's Office of the Circuit Court for Roanoke County, Virginia; and BEING the same property conveyed to C. D. Kittinger from C. K. and Lillie Lemon recorded in Deed Book 305, Page 184, in the Clerk's Office of the Circuit Court for Roanoke County, Virginia. BE IT FURTHER ORDERED that a copy of this order be 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 Garrett, seconded by Supervisor Nickens and upon the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle NAYS: None Petition of Roanoke Wellness and Fitness Center, Inc. to rezone 5.66 acres from Residential R-3 to Business B-2 for expansion of the Roanoke Athletic Club located on the east side of Starkey Road in the Cave Spring Magisterial District. APPROVED 449 January 28, 1986 Mr. James Douthat was present on behalf of the petitioner. There was no one present in opposition. Supervisor Johnson moved to approve the rezoning request. The motion was seconded by Supervisor Garrett. Supervisor Nickens directed the County Administrator, Elmer C. Hodge, to correspond with the Highway Department concerning the curve on Starkey Road located in front of the above property. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Map as parcels number 87.07-1-23, 87.07-1-24, 87.07-1-25, 87.07-1-26, and 87.07-1-27 (a portion of which is already zoned B-2, Business District), which was conveyed to the Petitioners, H. L. Clingenpeel and Gloria Jane Saul Clingenpeel, and to Henry Clay Saul, in the following Deed Books: Book 147, page 187; Book 156, page 419; Book 196, page 310; Book 297, page 101; Book 616, page 346; Book 906, page 144 and Book 906, page 148, and is more particularly described below, be rezoned from R-3, Residential District, to B-2, Business District. LEGAL DESCRIPTION OF PARCEL NUMBERS 87.07-01-23 AND 87.07-01-24: BEGINNING at a point on the easterly side of the Roanoke-Starkey Highway (State Highway #119), corner to the four foot strip jointly held and owned by C. T. Lockett and H. C. Saul, described in deed of interchange dated June 16, 1930, and of record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia, in Deed Book 196, page 312, old pipe marker; thence along the easterly side of said State Highway #119, S. 70 51' W. 75 feet to a point on same; thence S. 730 05' E. past a pipe in hollow at 359.0 feet a total distance of 884.0 feet to a point on the northwesterly line of reservoir lot; thence N. 470 E. 10 feet to an iron plug; thence along the southerly line of the four foot strip above-mentioned the following four (4) courses, N. 430 W. 90 feet to a point; thence N. 510 30' W. 50 feet to a point; thence N. 610 W. 46 feet to a point; thence N. 730 09' W. 742.51 feet to the place of Beginning, and being Tract No. 1 and No. IA of a map of "Woodland" made by C. B. 4~O' .. " .~ - ~~¡ January 28, 1986 Malcolm, state Certified Engineer, dated April 26, 1937, for C. T. Lockett and containing 0.61 acres and 0.84 acres, respectively. TOGETHER WITH the reservoir lot more particularly described as: BEGINNING at an iron plug on said Tinnell's line, and running with same, S. 430 E. 70 feet to an iron plug at "E", corner to H. C. Johnson land; thence with the line of same, S. 440 30' W. 40 feet to an iron plug at "G"; thence a new line, N. 430 W. 71.7 feet to an iron plug at "H"; thence N. 470 E. 40 feet to the place of BEGINNING. LEGAL DESCRIPTION OF PARCEL NUMBER 87.07-01-25: BEGINNING at a point in the middle of the Roanoke-Starkey road, at the southwest corner of H. C. Saul's land; thence running along the middle of the road, S. 50 30' W. 89.5 feet; thence leaving the road, passing a stake on the east side of the road, S. 730 05' E. 459.8 feet to a stake east of Hollow; thence N. 290 E. 51.7 feet to a stake, corner to said H. C. Saul's land; thence with the line of same, N. 690 10' W. 493 feet to the place of Beginning; and containing .745 acre, according to survey by G. L. Poage, dated July 31, 1926. LEGAL DESCRIPTION OF PARCEL NUMBER 87.07-01-26: BEGINNING at an iron plug at the southwest corner of H. C. Saul's land; thence a new line up the hill, S. 730 E. 391 feet to a stake, corner to C. H. Tinnell's land; thence with the line of Tinnell's land N. 430 12' W. .370 feet to an iron plug~orner to H. C. Saul's land; thence with the line of said Saul's land; S. 410 W. 140.9 feet to an iron plug; thence S. 290 W. 50.7 feet to the place of BEGINNING, said land adjoining the land of H. C. Saul and C. H. Tinnell, lying at the foot, and partly up the North side of the knob, containing .8 of an acre. LEGAL DESCRIPTION OF PARCEL NUMBER 87.07-01-27: Lying on the east side of the Roanoke-Starkey Road about 3 1/2 miles southwest of Roanoke, in Roanoke County, State of Virginia, bounded and described as follows: BEGINNING at a point in the center of the Roanoke-Starkey Road, 18 feet S. 430 30' w. of the center of a black oak; thence leaving the road, running S. 430 30' E. passing through the center of the black oak, 475.4 feet to a stake thence S. 400 48' W. 140.9 feet to a stake; thence N. 690 10' W. 493 451 January 28, 1986 feet passing through the center of a small black oak to a pin in the center of the Roanoke-Starkey Road; thence with the center of road, N. 50 30' E. 70.2 feet; thence N. 260 45' E. 91 feet; thence N. 540 45' E. 212.8 feet to the place of Beginning, according to survey made by G. L. Poage, on October 9th, 1935. Less and except the following parcel: BEGINNING at a point on the centerline of Rt. 119 (Old 22) between R. 311 (Old 33) and Starkey, shown on plans as Sta. 55+78; thence S. 510 59' E. 126.9 ft. to Sta. 57+04.9; thence to the left on a 200 curve, 229.1 ft. to Sta. 59+34; thence S. 60 09' w. 55.9 ft. to Sta. 59+89.9; thence to the right on a 40 curve, 30.1 ft. to the lands of C. T. Lockett; being Sta. 60+20. The land herein conveyed being a strip or parcel of varying width, lying on the East (left) side of and adjacent to the hereinabove described centerline, being 25 ft. in width at Sta. 55+78; thence widening to 35 ft. at Sta. 58+00, and continuing 35 ft. wide to Sta. 59+50; thence narrowing to 25 ft. at Sta. 60+00, and continuing 25 ft. wide to Sta. 60+20. Said strip or parcel contains 0.30 acre, more or less, 0.05 acre of which being included in the present right of way, leaving 0.25 acre, more or less. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and tha he be directed to reflect that change on the Official Zoning Ma of Roanoke County. ADOPTED on motion of Supervisor Johnson, seconded by Supervisor Garrett, and upon the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Britt e NAYS: None Petition of the Superintendent of the Department of Development to amend Chapter 17, Subdivisions, Section 17-1 of the Roanoke County Code. APPROVED Timothy W. Gubala, Superintendent of the Department 0 Development, reported that an amendment to Chapter 17, Subdivisions of the Roanoke County Code was necessary since a sentence was omitted when the County amended its subdivision January 28, 1986 45~ ordinance last year. There was no one present in opposition. Supervisor Brittle moved to approve the prepared ordinance and final order. The motion was seconded by Supervisor McGraw. FINAL ORDER NOW, THEREFORE, BE IT RESOLVED that Appendix B of the Code of the County of Roanoke, Virginia, (Section 17.1 of the 1970 Code) be amended to include the following language: Subdivision. The division of a lot, tract, or parcel of land into two or more lots or other subdivision of land, for the purpose, whether immediate or future, of transfer of ownership, or building development, including all changes in street or lot lines, and including any parcel previously separated by the then owner of such tract for such purpose subsequent to the adoption of these regulations; provided, that the division of land in parcels of one acre or more all of which abut on an existing publicly-maintained street, and which does not involve any new public street or easement of access or road, shall not be considered a subdivision when such division does offer an opportunity to obstruct natural drainage or a planned major highway or to adversely affect any part of an adopted plan, or in any way violate the intent of the zoning regulations of the County; and provided, further, that divisions of lands by court order or decree shall not be deemed a subdivision as otherwise herein described. ADOPTED on motion of Supervisor Brittle, seconded by Supervisor McGraw and upon the following roll call vote: AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Britt e NAYS: None ORDINANCE 1-28-86-27 AMENDING APPENDIX B, SUBDIVISIONS OF THE 1985 ROANOKE COUNTY CODE 1. That Appendix B, Subdivisions of the 1985 Roanoke County Code be amended to read and provide as follows: Definitions. Subdivision. The division of a lot, tract, or parcel of land into two or more lots or other subdivision of land, for the purpose, whether immediate or future, of transfer of ownership, or building development, including all changes in 453 January 28, 1986 street or lot lines, and including any parcel previously separated by the then owner of such tra t for such purpose subsequent to the adoption of the e regulations provided, that the division of land in parcels of one acre or more which does not involve an ublic street or easement of access or roa , all of which abut on an existing publicly-maintain d street, shall not be considered a subdivision when such division does not offer an opportunity to obstruct natural drainage or a planned major highw y or to adversely affect any part of an adopted plan or in any way violate the intent of the zoning regulations of the County, and provided further, that divisions of lands by court order of decree shall not be deemed a subdivision as otherwise herein described. 2. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor Brittle, seconded by Supervisor McGraw and upon the following recorded vote: AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Britt e NAYS: None IN RE: ADJOURNMENT Supervisor McGraw moved to adjourn at 8:10 p.m. The motion was seconded by Supervisor Brittle and carried by a unanimous voice vote. ~.... Chairman ,......~--- -~ \\ - ~ -\\ \ \..