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HomeMy WebLinkAbout4/18/1987 - Regular April 28, 1987 453 .."..--...-.......-,..-....-. - --~_.,-.-~-- ~'--'- .-_.-_..__._.,_..._---..-~,_._~-,,---...__..__._~----~.---_._~". Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 April 28, 1987 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the second regularly scheduled meeting of the month of April, 1987. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:04 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Lee Garrett, Supervisors Alan H. Brittle, Steven A. McGraw, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator for Management Services; John R. Hubbard, Assistant County Administrator of Public Facilities; Timothy W. Gubala, Assistant County Administrator for Community Development; Paul M. Mahoney, County Attorney, Mary H. Allen, Deputy Clerk; Clifford Craig, Director of utilities; Michael J. Lazzuri, Director of Court Services; Phillip Henry, Director of Engineer IN RE: OPENING CEREMONIES The invocation was given by the Reverend Sam Crews, Coopers Cove Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: COUNTY ADMINISTRATOR'S COMMENTS 454 April 28, 1987 None IN RE: REQUESTS TO POSTPONE, ADD OR CHANGE THE ORDER OF AGENDA ITEMS: Chairman Johnson announced that Public Hearing 487-3, petition of Charles and Ann Howard had been withdrawn. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of Conqratu1ations to the virqinia Lancers for winninq the Atlantic Coast Hockev Leaque Championship: Chairman Johnson announced that Henry Brabham owner of the Virginia Lancers had a prior commitment and wa~ unable to be present. Supervisor Nickens moved adoption of th~ prepared resolution. The motion was seconded by Superviso Brittle. RESOLUTION 42887-1 OF CONGRATULATIONS TO THE VIRGINIA LANCERS UPON WINNING THE ATLANTIC COAST HOCKEY LEAGUE CHAMPIONSHIP WHEREAS, The Virginia Lancers Hockey Team is the onl professional team associated with the County of Roanoke; and WHEREAS, the team has been located in the Town 0 vinton in Roanoke County since the 1983/84 season; and they hav brought a sense of pride to all the citizens of Roanoke Count for their outstanding accomplishments, and WHEREAS, attendance at the Virginia Lancers HockeJ games has grown from an average of 1200 spectators in 1984 to record of 3,560 spectators at the final game; and their win-loss record has improved from 19-45 in 1983/84 to 44-23 in 1986/8 , contributing to growth of interest in that sport; and WHEREAS, on April 10, 1987, the Virginia Lancers cappEd an outstanding season by winning the Atlantic Coast Hockey Leagte championship beating the Mohawk Valley Cornets 4 to 3 in tle championship series. , 455 April 28, 1987 _·____..___.w.____.~_.._._..."..__,~_._..<_,..,.~ ".___~_L__._...~____._.______ -. ---..-" ..- '.-_.--- -~. .."_.,,.. ".-.-. ~. . NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its pride and appreciation to Henry Brabham, owner; John Tortorella, coach; and the members of the Virginia Lancers Hockey team for an outstanding year; and FURTHER, the Board of Supervisors of Roanoke County offers congratulations to all those associated with the Virginia Lancers upon winning the Atlantic Coast Hockey League 1 Championship. On motion of Supervisor Nickens, seconded by Supervisor Brittle, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 2. Presentation of the Certificate of Achievement to Reta Busher, Director of the Budget for Excellence in Audit Reporting: County Administrator Elmer Hodge announced that only 34 localities in the State of Virginia have received this Certificate and congratulated Ms. Busher on this honor. IN RE: NEW BUSINESS 1. Approval of the Resolution adopting the Design and Construction Standards for Water Facilities: Clifford Craig, Director of Utilities, reported that this proposed resolution was previously presented to the Board at a work session on March 10, 1987, and has been discussed at three other board meetings. Supervisor Brittle and Supervisor McGraw were appointed as a subcommittee to meet with the Homeowners Association to address their concerns. These standards have been reviewed by a committee comprised of staff members of the County Utility, Engineering, Facilities, Fire, and Development Departments, as well as representatives from the Homebuilders Association and engineering and surveying firms. 456 April 28, 1987 Supervisor Brittle announced that he and Supervisor McGraw had met with the Homebuilders and County staff members. Their concern was primarily the fire flow requirement. Several issues were cleared up as a result of the meeting. The subcommittee recommends adoption of the resolution, and that a system of monitoring be established for six months to monitor the results of the standards. Lewis Jamison, President of the Homebuilders Association was present to speak. The Homebuilders supports a good water system for Roanoke County and appreciate the opportunity to monitor this for six month to see if there are any problems. Steve Strauss of Strauss Construction pointed out that the water connection fees were recently raised to $1036 and will take affect this year, and asked what the homebuilder was getting, since the policy stated it would include fire protection. Mr. Craig responded that this fee was an off-site facility fee. The County will credit the developer up to half his off-site facility. If his cost exceeds that he may request the other half and the Board may approve this. Mr. Strauss stated the present fees are based of the cost to provide facilities. The fee is to provide domestic service and fire protection. The developer was led to believe this fee would cover full service. John Hubbard stated this fee is for the County to provide the service, and the fee was a compromise. Mr. Strauss should not expect the funds for the entire system to be collected in only nine months. Mr. Straus requested that the resolution be adopted for a six-month trial basis and brought back before the board at the end of that period. Supervisor Brittle moved to approve the resolution adopting the design and construction standards for water facilities, and that the staff monitor the results over a period of six months. The motion was seconded by Supervisor McGraw. April 28, 1987 f 457 . .. - n,,_ _ .. .__....,... -....,.--........"..-.-- _~__c.·,·^_·,,·_·.··· ._~_ ._,____________._. RESOLUTION 42887-2 ADOPTING DESIGN AND CONSTRUCTION STANDARDS FOR WATER FACILITIES WHEREAS, the utJlity Director and other County staff have developed certain design and construction standards for water facilities; and WHEREAS, these design and construction standards may be adopted by resolution by the Board of Supervisors pursuant to Section 20.1-11 of the 1971 Roanoke County Code (Chapter 22 of the 1985 Roanoke County Code); and WHEREAS, these design and construction standards for water facilities shall take effect as of the date of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the attached design and construction standards for water facilities are incorporated herein by reference; and 2. That these standards are effective immediately and apply to all water utility plans which have not been accepted for re- view by the Department of Development prior to March 25, 1987; provided said plans, in the review process, received final approv- al by the County within 60 days of the effective date of these standards. On motion of Supervisor Brittle, seconded by Supervisor McGraw, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 2. Request for Approval of Funding Allocations for Utility Capital Projects: Clifford Craig reported that the current projects are in various stages of design and construction. Two of the items were over budgeted by $168,037. The staff is requesting that these funds be allocated to the 1987/88 Replacement/Improvement Projects. This will give a total of $368,037 available for this program. Mr. Craig reviewed 458 April 28, 1987 the status of both the current projects and the projects planned for 1987/88. Supervisor McGraw asked when the North Lakes water system connection toward Cove Road will be completed. Mr. Craig responded that this should be complete before June. He also described the problems that may result when this is complete. Supervisor Johnson moved to approve the staff recommendation. 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 to Execute a Detention Horne Contract with the City of Roanoke: Michael Lazzuri, Director of Court Services advised the Board that in 1986 the City of Roanoke canceled all existing contracts and submitted a new one for counties and cities using their detention facilities. The rate has risen to $32.87 per day for secure detention, and $7.44 per day for the outreach program. Roanoke County also has a contract with the New River Valley Detention Commission at a charge of $20.00 per day, on a space available basis. However, juveniles are frequently moved after one day from that facility to the Roanoke City facility. Mr. Lazzuri requested that the Board authorize the County Administrator to execute the contract with the City of Roanoke. He also estimated that additional funds in the amount of $7,740 will be needed for 1986/87 detention care. Supervisor Nickens moved that the County Administrator be authorized to execute the contract with the City of Roanoke and that $8,000 from the Board Contingency fund be allocated for detention. The motion was seconded by Supervisor Brittle and carried by the following recorded vote: AYES: NAYS: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson None April 28, 1987 ,. 4 5 ~ --'--_'_~_'''--_.-.,.,..,,----~,_._,.-.__..-. ..' ,- . --..... . _._,-~---_._..~ .--. .~.._'"..._. ........-.. ., 4. Approval to amend the Weed and Trash Ordinance: Assistant County Administrator Timothy Gubala stated a recent court case was brought to General District Court and the case was thrown out because of weaknesses in the ordinance. The Commonwealth's Attorney has requested that the ordinance be amended to make it more enforceable. Supervisor McGraw moved to approve the amendments to the ordinance and schedule the necessary readings. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None ABSENT: None 5. Claim of Robin Renee Iddings: Anthony F. Anderson, attorney for Robin Renee Iddings, was present to file a claim on her behalf for aggravation of injuries sustained as a result of alleged negligence of a County employee. This is an exhaustion of administrative remedies and procedural steps required for filing a legal action against the County. Supervisor Johnson moved to deny Miss Idding's claim. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None ABSENT: None IN RE: REQUESTS FOR WORK SESSIONS None IN RE: REQUESTS FOR PUBLIC HEARINGS I 46() April 28, 1987 None IN RE: APPOINTMENTS 1. Ad Hoc Committee for the County Members of the Reqional AirDort Commission: Supervisor Brittle asked that appointments to this committee be postponed until further notice. N RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Garrett announced that he would like to remove the petition of Springwood Associates from the table to be heard as soon as possible. County Attorney Paul Mahoney recommended it be heard at the next evening session when other rezonings are heard, and that a legal notice be published. Supervisor Garrett also requested that the Deputy Clerk notify Mr. Freeman of the hearing date. Supervisor Garrett also moved that the staff request :the Va. Department of Transporta tion for "No Parking" signs in the vicinity of the Castle Rock Swim Club. The motion was ßeconded by Supervisor McGraw and carried by a unanimous voice ~ote. Supervisor Nickens announced that the CORTRAN Task ~orce met recently, and established goals such as keeping the program going, asking the private sector for funds, and pursuing ~ny federal or state funding available. Another meeting is scheduled, and the task force will be expanded. Supervisor Johnson presented a proposed resolution from the Clean Valley Council. They are requesting that the 461 April 28, 1987 ---"'--~_.._.__.._- -''''--''-~'-''-"''-' "'.--.---- . ..- '-"_.~-"'-"--"-"-""-' ._._-_._~~---_.-..,_.,-~._,,- - -. .........- _.'"._.-".._--'...._..._------,.._--~.- County participate in their recycling project at no cost to the County. He requested staff to investigate their request, and bring back an agenda item at the next Board meeting. Supervisor Johnson also wished to state for the record that he has visited the Palm Valley area, the Back Creek and Starkey Road area, the Green Valley area, and Kentland Drive to assess the flood damage recently. He directed staff to study the drainage and flood problems in Roanoke County and bring a report back to the Board with possible solutions, and the costs ass 0 cia t e d wit h the s e sol uti 0 n s . IN RE: CONSENT AGENDA Supervisor Nickens stated that Resolution on Item 2 should include Botetourt County. With that addition, he moved approval of the Consent Agenda. The motion was seconded by Supervisor Brittle RESOLUTION NO. 42887-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for April 28, 1987, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Minutes of Meeting - March 24, 1987. 2. Approval of a Clean Valley Committee Anti-Litter Grant Application. 3. Acceptance of a deed conveying the sewer lines in Merriman Estates. 4. Acceptance of a deed conveying the water and sewer lines in Plantation Estates. 462 April 28, 1987 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 Brittle, and upon the following recorded vote: AYES: NAYS: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson None IN RE: REPORTS Supervisor Nickens noted that Item L-l, Board Contingency Fund is now down to $30,930. The following reports were received and filed: 1. Board contingency Fund 2. General Operating Fund Income and Expense Analysis for the Month ended March 31, 1987. 3. Unappropriated balance as of April l4, 1987 4. Development Data Report - First Quarter 1987 IN RE: EXECUTIVE SESSION At 4:10 p.m., Supervisor Nickens moved to go int< Executive Session pursuant to the Code of Virginia Sectiol 2.1-344 (a) (1) to consider a personnel matter. The motion wa seconded by Supervisor Garrett. IN RE: OPEN SESSION At 5:00 p.m., Supervisor Johnson moved to return t Open Session. The motion was seconded by Supervisor Brittle an carried by a unanimous vote. 463 April 28, 1987 .. _ _____.. _ 0.___'_" __,,_.~ IN RE: DINNER RECESS At 5:01 p.m., Chairman Johnson declared a recess for dinner. IN RE: CALL TO ORDER At 7:04 p.m., Chairman Johnson called the meeting back to order. IN RE: FIRST READING OF ORDINANCES 1. Ordinance amending Article 2 of Chapter 5, "Animals and Fowl" of the Roanoke County Code, requiring the Vaccination of Cats to Prevent Rabies: County Attorney Paul Mahoney reported that at the April 14, 1987 meeting, Chief Animal Control Officer Kenneth Hogan submitted a report and draft ordinance recommending a Rabies prevention program. Even though the Board members had questions at that time, they recommended that the draft ordinance go through the first and second reading process. Supervisor Nickens stated he was concerned that this ordinance would be difficult to enforce, but was aware it was important to keep Rabies from corning into the County. Supervisor Johnson pointed out that if an ordinance exists, at least the public would be aware of the spread of rabies. Even voluntary compliance would help confine the spread. Supervisor McGraw moved the first reading of the ordinance. The motion was seconded by Supervisor Johnson. Supervisor Nickens asked Mr. Hogan how complaints will be handled. Mr. Hogan responded that if there is no vaccination for an animal, a summons will be issued, and the citizen must bring the vaccination record to court. 4 6~' April 28, 1987 AYES: NAYS: ABSENT: The motion carried by the following recorded vote: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson None None 2. Ordinance accepting Deed of Easement from Urban Development and Investment, Ltd.: Mr. Mahoney reported this was to provide an ordinance authorizing an acceptance of a deed of easement for Urban Development and Investment, Ltd. for water and sanitary sewer easements. He noted a correction on the ordinance. Supervisor Garrett moved to approve the first reading of the ordinance. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None ABSENT: None IN RE: SECOND READING OF ORDINANCES l. Ordinance accepting a drainage easement from the Trustees of the Fort Lewis Christian Church: Mr. Mahoney stated this ordinance would authorize the Board to accept this easement from the Church. It is necessary to provide drainage from streets in the Fort Lewis Village Subdivision to allow them to be accepted into the Secondary System. The cost will be $120.00 from the subdivision bond. Mr. Mahoney advised that previously the Church had donated the easement. They later rescinded that action and decided to request payment. Supervisor McGraw moved to rescind the previous action and approve the second reading of the ordinance. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: 465 April 28, 1987 ____.~__~_._____.~_________, _e"._ ..---......-.-,.. _.+-_...__...~--~------- ,'. ...._--" ._._-,.._._._-_._.._---,.__..~.._.- ----.- ORDINANCE 42887-7 ACCEPTING A DRAINAGE EASEMENT FROM THE TRUSTEES OF THE FORT LEWIS CHRIST~AN CHURCH BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading on the acquisition of the hereinafter-described real estate was held on April 14, 1987. A second reading on this matter was held on April 28, 1987. The real estate to be acquired is a drainage easement of variable width across Lots 4 and 5, Section 1 of the Samuel White Farm and is located in the City of Salem; and 2. That the conveyance of the drainage easement from the trustees of the Fort Lewis Christian Church to the Board of Supervisors of Roanoke County for the sum of One Hundred Twenty ($120.00) is hereby authorized and approved; 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 this pro- perty, all of which shall be upon form approved by the County Attorney. On motion of Supervisor McGraw to rescind previous action and approve ordinance, seconded by Supervisor Nickens. AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None ABSENT: None 2. Ordinance amending Section 20.1-11 of the Roanoke County Code (1971) by the repeal of subsection (a), (b) and (c) pertaining to certain standards and specifications: Mr. Mahoney stated this ordinance must be adopted concurrently with the resolution adopted in the afternoon session concerning the Design and Construction Standards for Water Facilities. The first reading was held on March lOth. The second reading was continued from March 24, 1987. The effective date of this 466 April 28, 1987 ordinance is April 28, 1987, even though the effective date of the Resolution is March 24, 1987. He also noted there was a correction on the ordinance. Supervisor Johnson moved to approve the second reading of the ordinance. The motion was seconded by Supervisor McGraw. ORDINANCE 42887-8 AMENDING SECTION 20.1-11 OF THE ROANOKE COUNTY CODE (1971) BY THE REPEAL OF SUB-SECTION (a), (b) AND (c) PERTAINING TO CERTAIN STANDARDS AND SPECIFICATIONS WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on March 10, 1987, a second reading was held on Maret 24, 1987 and April 28, 1987,and a public hearing was held thereor on March 24, 1987 and April 28, 1987, concerning an ordinancE amending and repealing portions of the Roanoke County COdE pertaining to the design of water mains, valves and hydrants; and WHEREAS, Section 20.l-ll of Chapter 20, "Wa ter," of th 1971 Roanoke County Code (Chapter 22, "Water," of the 198 Roanoke County Code) provides for certain standards and specifica tions for water mains, valves and fire hydrants; and WHEREAS, said standards and specifications conflic with certain proposed "Design and Construction Standards fo Water Facilities"; and WHEREAS, said proposed "Design and Construction Stan dards for Water Facilities" were adopted by resolution of th~ Board of Supervisors of Roanoke County, Virginia, contemporaneous~ ly with the adoption of this ordinance. NOW, THEREFORE, BE IT ORDAINED by the Board of superv"- sors of Roanoke County, Virginia, as follows: 1. That Section 20.1-11 of the Roanoke County CO( e (1971) is amended and portions thereof repealed to read and pr - vide as follows: Sec. 20.1-11. Design of mains; valves and hydrants. April 28, 1987 46't _...__._--,._-,-----_.--.~.._._..-...__. .,---..--".__.,._---_._,.' ,.",.,..,--.,-,- _·.·..~h··___".__~____··________~_,__. ,J All mains, valves, hydrants, fittings and accessories shall be designed to withstand a normal working pressure of not less than one hundred and fifty pounds per square inch and shall con- form to the specifications of the American Water Works Associa- tion, state regulations and county specifications and standards adopted by the board by resolution and in effect at the time of approval. f~+ M~ifts. M~ifts sha%% be six iftehes, iftside di~me~er, ex- eep~ ift ~he ease o£ de~d-eftd s~ree~s or where ttsed p~r~%%e% ~o six ifteh maifts or %ar~er m~ifts %oe~~ed wi~hift ~he s~me s~ree~ o£ ri~h~-o£-way. !ft ftO ease sha%% afty wa~er maift be %ess ~haft £ottr iftehes, iftside diame~er. No wa~er m~ift ser~ift~ Ofte or more fire hydraft~s sha%% be %ess ~h~ft six iftehes, iftside di~me~er. !ftS~~%- %~~ioft o£ a hydraft~ Oft exis~ift~ %iftes wi~h ~ft iftside di~me~er %ess ~haft six iftehes mtts~ be appro~ed by ~he diree~or. A%% dead- eftd w~~er m~ifts sha%% ha~e ade~tt~~e b%ow-o££ ~a%~es or fire hy- draft~s a~ ~he eftd ~hereo£ ift aeeordaftee wi~h ~he speei£ie~~iofts ~ftd s~~ftdards. Att~om~~ie air re%ie£ ~a%~es sha%% be ifts~~%%ed ~~ ~he hi~h poift~s o£ wa~er maifts where ~eettmtt%~~ioft o£ ~ir m~y ift~er£ere wi~h ~he £%ow. fb+ Va%~es. A%% ~a%~es sha%% opeft ~o ~he %e£~. ~eh ~a%~e sha%% be aeeessib%e £or opera~ioft wi~h s~~ftd~rd ~~%~e key ~hrott~h a ~~%~e box ex~eftdift~ ~o ~he ~rottftd sttr£aee. fe+ Fire Hydraft~s. Hydr~ft~s sh~%% h~~e ~wo ~wo ~ftd ofte-ha%£ ifteh ftozz%es aftd ofte £ottr aftd ofte-ha%£ ifteh pttmper ftozz%e. Nozz%e e~ps sha%% be pro~ided wi~h stti~~b%e ~aske~s ~o pro~ide a ~i~h~ sea% wi~h ~he ftozz%es. Stteh eaps sha%% be seettre%y eh~ifted ~o ~he b~rre% o£ ~he hydr~ft~s. €ap fttt~S sh~%% ha~e ~he same dimeftsiofts as ~he opera~ift~ fttt~ o£ ~he hydraft~. ~he size o£ ~he m~ift ~~%~e opeftift~ o£ ~he hydraft~ sh~%% be ftO~ %ess ~h~ft £ottr ~ftd ofte-ha%£ iftehes. ~he hydraft~ sha%% eOftftee~ ~o ~ six ifteh brafteh pipe %ifte ift whieh is %oe~~ed ~ft iso%a~ift~ ~a~e ~a%~e. Hydr~ft~s sha%% be %oea~ed ftO~ more ~h~ft ~we%~e £ee~ from ~he ed~e o£ ~he 468 1\~r:H: ~87 198~ ~a~effie8~ ~8~eSS a~~fier~~ed by d~ree~erõ ~n wa~er sys~effis ser~~n~ ~~bd~~~s~ens7 £~re fiydra8~s sfta~~ be ~8s~a~~ed se ~fia~ ~fiere w~~~ be a~ ~eas~ e8e fiydran~ w~~ft~n £e~r ft~8dred £ee~ e£ ~fte ee8~er e£ ~fte £re8~ ~re~er~y ~~8e e£ eaefi ~e~ ser~ed by s~efi sys~effiõ Bydra8~s sfia~~ be ~eea~ed a~ s~ree~ ~n~ersee~~ens7 ~£ ~ess~b~eõ ~erdõ Neõ ~5~~õt 2. That the effective date of this ordinance shall be pril 28, 1987. On motion of Supervisor Johnson, seconded by Supervisor ~cGraw, and upon the following recorded vote: YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson ~A YS : None N RE: PUBLIC HEARINGS ,87-1 PETITION OF APPALACHIAN POWER COMPANY REQUESTING REZONING FROM B-1 OFFICE TO M-2 GENERAL INDUSTRIAL AND FROM M-2 GENERAL INDUSTRIAL TO B-l OFFICE OF A 47 ACRE PARCEL LOCATED ON LOCH HAVEN ROAD IN THE CATAWBA MAGISTERIAL DISTRICT APPROVED Supervisor McGraw stated he would abstain from a vote )n this matter because of ownership of property adjacent to the )eti tioner. Assistant County Administrator Timothy Gubala announced hat this petition previously carne to the Board in 1986. At that ime, there was a questions concerning where the office building Nould be. Since then, the site plan has been worked out, and it 's necessary to amend the zoning. The Planning Commission ecommended unanimous approval of this petition. Mr. Layman and )thers from Appalachian Power were present to answer questions. Supervisor Johnson asked if the screening and buffering ~as to begin immediately. Mr. Layman responded that the Proffer bf Condition includes this. Supervisor Johnson moved to approve he petition. The motion was seconded by Supervisor Garrett. 469 April 28, 1987 __.__.____...____~___.__.__.___.__._..___ ·,'______.·__.._~·,,___·__w_ .'.--- "-.--.- . ~.,.~. .__._..."--_.._--_..,_._.__._--~_. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that portions of the aforementioned parcel of land, which is contained in Roanoke County tax maps as parcel 36.l0-l-l4 be rezoned from B-l (Office) to M-2 (General Industrial) District and that other portions be rezoned from M-2 (General Industrial) to B-1 (Office) District with the result that the portion of the land zoned B-1 shall be as described in Schedule A attached hereto and the portion of the land zoned M-2 shall be as described on Schedule B attached hereto, all 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; (8) Flea markets; (9) Brick manufacturing plants and sawmills; (10) Cotton spinning mills; (11) Boat building; (12) Stone works 470 April 28, 1987 (B) In connection with its development of the subject Þroperty, Appalachian Power Company will landscape the property substantially in accordance with the Conceptual Planting Plan ~ttached hereto, identified by drawing number SKA-4002C PL and ~a ted March 3, 1987. Those areas labeled "proposed planting" on I~he Planting Plan will be landscaped at the time of initial site ~rading so as to comply with the "Type E" requirements of the ~oanoke County Screening and Buffering Ordinance (section ~1-92.g., Roanoke County Code). (C) (1) If Appalachian Power Company has not, by February l, ~99l, commenced construction of improvements on the portion of I~he land rezoned M-2 (General Industrial District) in accordance ~ith a site plan approved by the appropriate Roanoke County þfficials, and if no extension of such deadline is granted by Roanoke County on request of Appalachian Power Company, ~ppalachian Power Company will promptly offer the entire 47± acre parcel for sale at its appraised fair market value as zoned B-1 3.nd M-2. (2) If Appalachian Power Company has not, by February , 1993, commenced construction of improvements on the portion of ~he 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 Power Company, Appahachian Power ~ompany 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 land rezoned B-l (Office District) is described in Schedule A attached. (b) The portion of the land rezoned M-2 (General Industrial District) is described in Schedule B attached. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that 471 April 28, 1987 .'___..,_._._~~.____.'n_·.¿.._..·.___~.·_____· ._."'__~___',_,'_,._____~ - _.- .-."..--......--..--.. -----"-~..._.-_._--..._~.,"..,,--~~-..~..._--~_..- 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: Supervisors Brittle, Garrett, Nickens, Johnson NAYS: None ABSTAIN: Supervisor McGraw SCHEDULE A: Description of Property Rezoned B-l (Office District) BEGINNING at a concrete monument with copper pin located in the northerly right of way line of Loch Haven Drive at the southwest corner of the property now or formerly of Donald E. Davis (Deed Book 939, page 18); thence with the northerly right of way line of Loch Haven Drive the following courses and distances: 89.97 feet to an iron pin 360.69 feet to a concrete highway monument; l56.52 feet to a concrete highway monument; 223.70 feet to a concrete highway monument; thence leaving the northerly right of way line of Loch Haven Drive S. 130 01' 24" E 40.00 feet to a p.k. nail in the center of Loch Haven Drive;thence with the center of Loch Haven Drive the following courses and distances: S. 760 03' W. S. 760 37' 48" w. S. 570 55' 32" W S. 380 58' 32" W. S. 480 40' 50" w. S. 630 55' 18" W. 176.53 feet to a p.k. nail; 244.38 feet to a p.k. nail; with a curve to the right having an arc distance of 45.00 feet, a radius of 718.87 feet, and the long chord of said curve being S. 780 25' W. 44.9 feet to a point; thence leaving Loch Haven Drive and with a new line through the property of Appalachian Power Company, the following courses and distances: N. 070 55' E. 245.00 feet to a point; N. 520 05' W. 172.00 feet to a point; N. 180 45' W. 145.00 feet to a point; N. 710 15" E. 753.00 feet to a point; N. 440 32' 23" E. 207.89 feet to a concrete monument with copper pin, corner to property of Gratton E. Wells; thence running with the lands of Gratton E. Wells N. 790 13' 04" E. 335.00 feet to an old pin, common corner with the lands of B. W. Francisco (Deed Book 1203, page 30) and Donald E. Davis (Deed Book 939, page 18); thence with the Davis lands S. 60 15' E. 282.20 feet (passing a concrete monument with copper pin at 232.20 feet) to a concrete monument with copper pin in the northerly right of way line of Loch Have Drive, the point of BEGINNING, being shown on a plat entitled "Survey for the Appalachian Power Company showing 46.40 Acre Tract Property of "\ 4 7 2 April 28, 1987 Levi A. Hoffman Estate," dated December 2, 1985, made by T. P. Parker & Son, Engineers and Surveyors, Ltd. (revised March 4, 1986) SCHEDULE B: Description of Property Rezoned M-2 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, Lot 2, Morris Subdivision, in lands of Gratton E. Wells; thence leaving said point of BEGINNING and running with the common boundary lines 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 902.0 feet to a concrete monument with copper pin; N. 670 45' 00" E. 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 S. 230 47' 30: E. 56l.60 feet to a concrete monument with copper pin; thence leaving the line of Gratton E. Wells and with a new line through the property of Appalachian Power Company the following courses and distances: S. 440 32' 23" W. 207.89 feet to a point; S. 710 15' W. 753.00 feet to a point; S. 180 45' E. 145.00 feet to a point; S. 520 05' E. 172.00 feet to a point; S. 70 55' w. 245.00 feet to a point - in the center of Loch Haven Drive; thence, running with the said center of Loch Haven Drive the following courses and distances: with a curve to the right having an arc distance of 147.48 feet, a radius of 718.87 feet, and the long chord of said curve being S. 860 06' W. l47.22 feet to a p.k. nail; N. 880 Ol' 44" W. N. 870 ll' 30" W. 107.06 feet to a p.k.nail; 229.06 feet to a p.k.nail; thence leaving the center of Loch HavenDrive N. 220 54' E. 39.01 feet to a concrete highway monument in the northerly right of way line of Loch Haven Drive; thence with the northerly right of way lines of Loch Haven Drive and Virginia Route 419 the following courses and distances: N. 750 4l' 10" W. 109.99 feet to a concrete highway monument; S. 740 39' 50" W. 68.l2 feet to a concrete highway monument; with a curve to the right having an arc distance of 207.77 feet, a radius of 798.51 feet, and the long chord of said curve being N. 780 13' 20" W. for a distance of 207.19 feet to an iron pin; N. 560 33' 24" W. 105.30 feet to an iron pin; N. 620 32' 56" W. l66.l8 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 a copper pin; · , 473 April 28, 1987 ------,.~_._,.._---_.._-----.---,----...- _._'---,.~--_._.- "..-----...,-,.-.----.--,-.,.----- _ ,.._.'o.'U' _..'__,. _'._". .._. __.._,". .__,_.___',. _, __.._,.._'_"_ thence leaving ~id northerly right of way line of Virginia Route 419 and running partly with the common boundary line of 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 N. 510 27' 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 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 46.40 Acre Tract Property of Levi A. Huffman Estate," dated December 2, 1985, made by T. P. Parker & Son, Engineers and Surveyors, Ltd. (Revised March 4, 1986.) 487-2 PETITION OF GERHARD SIGRIST REQUESTING AMENDMENT OF CONDITIONS OF A TRACT CONTAINING 0.76 ACRES AND LOCATED ON ROUTE 221 IN THE WINDSOR HILLS MAGISTERIAL DISTRICT. APPROVED Mr. Gubala noted this was previously heard by the Board of Supervisors in January of 1986. At that time a fast food restaurant was proposed and the property was rezoned B-2 with proffered conditions. Since that time, the owners have found another client to use the property. Mr. Sigrist plans to put a sewing machine sales and service facility on the property, and wishes to amend the conditions of the original rezoning. The Planning Commission recommended approval with proffered conditions. Heywood Fralin was present to represent the petitioner. Mr. Fralin stated there had been concern with the number of entrances on Brambleton Avenue. The petitioner has submitted a proffer that only one entrance will corne from Brambleton Avenue. There may be an additional entrance from the side street. Supervisor Garrett moved to approve the petition with proffered conditions. The motion was seconded by Supervisor McGraw. 474 April 28, 1987 FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County tax Maps as Parcel 77,09-4-42,43 and 44 and recorded in Deed Book and legally described below be amended by B-2 District to B-2 Conditional District. East 50' of Lot 8, all of Lot 9 and 10, D. B. Ferguson Map 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 and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None PROFFER OF CONDITIONS 1. The westerly 100' of the parcel will be used for a sewing machine sales and service facility. 2. The building housing the sewing machine sales and service will be consistent with the design of the existing property bounded on the westerly side of the rezoned parcel. 3. No portion of the property will be used for any of the following: (a) Public billiard parlors and poolrooms, bowling alleys, golf driving ranges and similar forms of public amusement (b) Animal hospitals or clinics and commercial kennels. (c) Home for adults . 475 April 28, 1987 _~_____~.. ~_____·.__,_,____m _._ . ._._.._.,._.,~-~._- -----~_.._-_.,-~ . -. ..-.....-,-""-.,.---..-.......-..--..--.-.. ....,..._...._-_._-,._~------ (d) Hospitals, hospital special care or nursing home. (e) Flea markets (f) Undertaker establishment (g) General advertising billboards 4. Only one (I} entrance of reasonable width will be cut off of Brambleton Avenue to serve the two proposed 100' parcels. 487-3 PETITION OF CHARLES AND ANN HOWARD FOR A SPECIAL EXCEPTION PERMIT TO OPERATE A COUNTRY CLUB AT 5400 PONDEROSA DRIVE IN THE CATAWBA MAGISTERIAL DISTRICT WITHDRAWN Chairman Johnson announced that the petitioner has withdrawn this request. IN RE: CITIZENS COMMENTS AND COMMUNICATIONS Chairman Johnson announced that since there were many citizens present to address the Board, he was imposing a three-minute time limit. The following residents of the Windsor West area of Southwest County spoke on the drainage, flooding, and sewer problems in their neighborhood. 1. Diana L. Smith, 2534 willowlawn Street S. w. 2. Anita J. Caldwell, 2526 Willow lawn Street S. W. 3. Robert Tennant, 3716 Kentland Drive S. W. 4. Ellen Wallace, 36626 Kentland Drive S. W. 5. Zane Altice, 3617 Kentland Drive S. W. 6. Gene Curbow, 3637 Kentland Drive S. W. 7. Victoria V. Holpe, 3438 South Park Circle S. W. 8. Lisa Bennett, 3606 Kentland Drive S. W. The following residents of the Palm Valley/Sun Valley and other areas of Northwest and Northeast County spoke on the drainage, flooding and sewer problems in their area. 476 April 28, 1987 1. R. M. Easley, 1202 Nover Avenue N. w. 2. Jack R. Hurd, 113 Verndale Dr. N. E. 3. Daniel R. Otey, 5346 Palm Valley Rd. N. E. 4. Minnie Reynolds, 30 Orlando Avenue N. E. 5. Janice Mitchell, 30 Orlando Avenue N. E. 6. Palmer Bla ck , 5336 Palm Valley Rd. N. E. Mr. Gene Curbow presented a petition signed by residents in both areas requesting that the Board of Supervisors establish funding for drainage, cleanup, sewer and flooding problems. ~YES: NAYS: Chairman Johnson advised the residents that the Army Corps of Engineers is now studying Mason's Creek, Carvin's Creek and Tinker Creek. The Board of Supervisors directed County Administrator Elmer Hodge and staff, along with two board members to ascertain the problems, and to prepare a program of action, both short-term and long-term. Chairman Johnson requested that a report be brought back to the board in thirty days. Supervisor Nickens moved to direct the County Attorney to take the appropriate legal steps to increase the vehicle decal fee by the maximum allowed on July l, 1987, and that $200,000 of these funds be allocated to solve the drainage and flooding problems. The motion was seconded by Supervisor McGraw. Mr. Hodge requested that the Board wait thirty days until the report is prepared before taking this action. Supervisor Nickens responded that he felt the Board should begin taking some action immediately to correct the problems. The motion carried by the following recorded vote: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson None '. April 28, 1987 477 -_.,-_.,.-,.~--"~_.... ---"~----"'._"-----' ,........ .,.- -.. -"~.._---".,---_.__._- _ ..._._._..,.....~,.~_.,... ..__,~··m.._ --,.."-~-.,_.- ---~---"~.~_._. Supervisor McGraw asked if that $200,000 annually could be used as a debt service for a bond for this purpose. Mr. Hodge responded that this would require a bond referendum vote. IN RE: ADJOURNMENT At 8:45 p.m., Chairman Johnson declared the meeting adjourned.