HomeMy WebLinkAbout12/18/2007 - Adopted Board Records
ACTION NO. A-121807-1
ITEM NO. E-1
AT A REGULAR MEE1-ING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CEN-rER
MEETING DATE:
December 18, 2007
AGENDA rrEM:
Request for authorization to execute a performance agreement
between Roanoke County, -rhe Roanoke County Econon1ic
Developn1ent Authority (EDA), and Virginia Blue Ridge, LLC
SUBMITTED BY:
Doug Chittum
Econorrlic Development Director
APPROVED BY:
Eln1er C. Hodge
County Administrator
COUNTY ADMINIS.rRATOR'S COMMENTS:
Recommend approval
SUMMARY OF INFORMATION:
Virginia Blue Ridge desires to build a new hotel on a 2.852 acre tract of land located off
Thirlane Road in the Roanoke Airport Business Park. The new hotel will have 83 rooms
and represents an $8.277 rrlillion investn1ent in Roanoke County. In order to develop the
site certain public and private infrastructure needs to be constructed including public water
and sewer extensions, storm water management facilities, off site road improvements to
Thirlane Road, and possibly road improvements to Peters Creek Road as required by the
Virginia Department of Transportation (VDOT). The construction of a new access road
serving the hotel and an additional commercial out parcel will also be required to access
the site.
A performance agreement has been negotiated between Roanoke County, the Roanoke
County EDA and Virginia Blue Ridge using the guidelines set forth by the County's adopted
Public Private Partnership Policy. The general terms of the agreement are as follows:
. -rhe company will construct an 83 unit hotel investing $8.277 million by December
31,2008.
. Company shall construct all necessary public improvements including public water
and sewer extensions to Western Virginia Water Authority standards, storm water
detention faciljties, a new access road to the site and any and aU improvements to
-rhirlane and Peters Creek Roads as required by VDOT and the County.
· Upon completion of the improvements and acceptance of them to VDOT and the
Water Authority and the issuance of a final certificate of occupancy for the new
hotel, the EDA through funding from the County will make a grant to the Company
in an amount equal to two years of new local tax revenue.
FISCAL IMPACT:
Per the performance agreen1ent, the econon1ic development grant will be calculated as a
reimbursement based on actual new tax revenues, therefore the financial impact will be in
the form of forgone revenue. No current funds are needed. However, significant future
revenues to the County will be created as well as new jobs as a result of this project.
STAFF RECOMMENDATION:
Staff recommends authorizing the execution of a performance agreement between
Roanoke County, the Roanoke County Economic Development Authority, and Virginia Blue
Ridge, LLC.
VOTE:
Supervisor Flora motion to approve staff recommendation subject to the changes in the
performance agreement suggested by Supervisor Altizer
Motion Approved
Yes No Absent
Mr. Wray [2J D D
Mr. Church [2J D D
Mr. Altizer [2J D D
Mr. Flora [2J D D
Mr. McNamara [2J D D
cc: Doug Chittum, Director, Economic Development
Rebecca Owens, Director, Finance
Arnold Covey, Director, Corr~munity Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
Billy Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
Virginia Blue Ridge LLC
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AT A REGULAR MEE1-,NG OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT -rHE ROANOKE COUNTY ADMINISTRATION
CENTER, ON -rUESDA Y, DECEMBER 18, 2007
RESOLUTION 121807-2 ADOp-rING A LEGISLATIVE PROGRAM FOR
THE 2008 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND
PE-rll-IONING THE GENERAL ASSEMBLY TO FAVORABLY
CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified
major legislative issues of state-wide concern to be considered by the 2008 session of
the Virginia General Assembly; and
WHEREAS, the Board adopts t~lis resolution as its Legislative Program for the
2008 session of the Virginia General Assembly.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the following legislative initiatives are submitted for its legislative
program for the 2008 session of the Virginia General Assembly for its favorable
consideration and adoption.
1. $1.7 million operating funds for the training of correctional officers in
anticipation of the opening of the new regional jail in conjunction with Franklin and
Montgomery Counties and the City of Salem
2. Funding for mental health services under the Comprehensive Services Act
(SB1332 in the 2007 session). This legislation substantially expands the pool of
children eligible for funding for mental health services. By expanding this pool of
potential eligible children the budget dollars will be insufficient to satisfy the demand for
services. The State pays only a percentage of the cost of mandated services. State
funds will be insufficient and localities will be required to shoulder a significantly greater
share of these costs. Senate Bill 1332 will beconle effective only if it reenacted by the
2008 Session. The General Assembly must provide local governments with the funding
necessary to adequatery meet the requirements of this expanded program.
3. Funding for pre-kindergarten education. This program will have significant
operational and capital fiscal impacts on Roanoke County. The General Assembly must
provide local governments with the resources necessary to adequately meet the
requirements of this new program
4. Homestead Exemption Constitutional amendment (SJ 354) will have an
adverse impact upon local governments and education. -rhe Board requests that the
General AsselTlbly reject this proposal.
5. The General Assembly should fully fund its unfunded liabilities in the
Virginia Retirement System and restore VRS to an actuarially sound status.
6. Support for funding of a joint venture of Carilion and Virginia Tech for a
medical school and research institute at the Riverside Corporate Center in the City of
Roanoke. Roanoke County, Roanoke City and the Alleghany Regional Planning District
Commission have recommended that the General Assembly provide financial support
for the construction and operation of this new medical school and research institute in
Roanoke.
7. Annexation Moratorium. The Board requests the General Assembly
extend the annexation moratorium.
8. Transportation Funding. The Board requests the General Assembly
provide funding for the widening of 1-81, construction of 1-73, and improvements to U.S.
Routes 11/460,220, and 221
9. Blue Ridge Parkway 75th Anniversary Celebration Funding. The Board
requests the General Assembly to provide $100,000 funding per year for three years for
the Blue Ridge Parkway 75th Anniversary Celebration in 2010.
10. Payday Lending. The Board requests the General AsselTlbly to repeal the
Payday Loan Act and cap interest rates on such loans to no more than 36 percent.
11. Wilderness Road: Virginia's Heritage Migration Route. The Board
supports the designation of the Wilderness Road: Virginia Heritage Migration Route to
include directional signs along the corridor to direct tourists along the driving trail and to
the Roanoke Valley Visitor Information Center, and it supports the development of a
national and international tourism product to increase visitation to western and
southwestern Virginia.
That the Clerk to the Board of Supervisors is directed to send an attested copy of
this resolution to Governor Timothy Kaine, Senator John S. Edwards, Senator Ralph
Smith, Delegate H. Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin;
Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council; Forest
Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the
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Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley-
Alleghany Regional Commission, and the Virginia Association of Counties.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NA YS:
None
A COpy TESTE:
~~,~~
Brenda J. H ton, CMC
Deputy Clerk to the Board of Supervisors
Cc: Governor Tin10thy Kaine
Senator John S. Edwards
Senator Ralph Smith
Delegate H. Morgan Griffith
Delegate Onzlee Ware
Delegate William Fralin
Roanoke City Council, Members
Stephanie Moon, Clerk, Roanoke City Council
Salem City Council, Members
Forest Jones, Clerk, Salem City Council
Vinton Town Council, Members
Darleen Bailey, Clerk, Vinton Town Council
Wayne Strickland, Executive Director, Roanoke Valley-Alleghany Regional
Commission
James D. Campbell, Executive Director, Virginia Association of Counties
Paul Mahoney, County Attorney
Eldon James, Legislative Liaison
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ACTION NO. A-121807-3
ITEM NO.
E-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COLINTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS-rRATION CENTER
MEE1-ING DATE:
December 18, 2007
AGENDA ITEM:
Request for authorization to execute a Memorandum of
Understanding between the Roanoke County Board of
Supervisors and the Roanoke County School Board for the
community use of Bogle Field
SUBMITTED BY:
Pete Haislip, Director
Parks, Recreation and Tourism
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In 2007 the Roanoke County School Board installed artificial turf on the Bogle Stadium
athletic field at a cost of approximately $825,000 to support the increase in play resulting
from the sharing of this facility by two high schools. The installation of artificial turf also
allows new use by community sports programs. To ensure that the facility is used and
maintained in the appropriate manner and to provide for the long term replacement of the
turf, the School Board and Parks and Recreation staff developed the attached
Memorandum of Understanding.
The Memorandum of Understanding provides for specific times during specific seasons
that the Bogle field will be available for use by the sanctioned Roanoke County sports
programs, and outlines specific policies and procedures governing t~lis use. The
agreement requires that Roanoke County pay for site supervision and field lights, based on
the actual number of hours used by parks and recreation. In addition, the agreement
requires the Board of Supervisors to appropriate $25,000 per year to a restricted account
for the sole purpose of turf replacement. This agreement is subject to review on a yearly
basis. The Parks, Recreation and Tourism Department supports this agreement as access
to the site will add a great deal of scheduling flexibility to our programs, will help with the
ongoing maintenance of existing turf fields, and be an exciting opportunity for our youth,
county wide.
FISCAL IMPACT:
$25,000 will need to be appropriated to a restricted replacement account beginning with
the Fiscal Year 2008-2009 budget; and an additional $2,560 per year will be requested in
the upcoming budget to cover the increased cost for lighting ($1 ,000) and site supervision
($1,560) for use by Roanoke County Parks, Recreation and Tourism.
AL -rERNA TIVES:
Alternative 1. Authorize the County Adrrlinistrator to approve the Memorandum of
Understanding between the Roanoke County Board of Supervisors and
the Roanoke County School Board for the community use of Bogle
stadium in substantially the form presented here.
Alternative 2. Do not authorize the County Adrr~inistrator to approve the Memorandum
of Understanding between the Roanoke County Board of Supervisors
and the Roanoke County School Board for the community use of Bogle
stadium in substantially the form presented here.
STAFF RECOMMENDATION:
Staff recommends approval of Alternative 1.
VOTE:
Supervisor Wray motion to approve staff recommendation.
Motion Approved
Yes No Absent
Mr. Wray [2J D D
Mr. Church [8J D D
Mr. Altizer [2J D D
Mr. Flora [2J D D
Mr. McNamara [2J D D
cc: Pete Haislip, Director, Parks, Recreation, and Tourism
Rebecca Owens, Director, Finance
Dr. Lorraine Lange, School Superintendent
Brenda Chastain, Clerk, School Board
Paul Mahoney, County Attorney
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ACTION NO. A-121807-4
ITEM NO.
E-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS-rRA1-ION CENTER
MEE'''ING DATE:
December 18, 2007
AGENDA ITEM:
Acceptance of a Grant in the amount of $57,000 from the
Virginia Department of Conservation & Recreation for the
Walrond Park Trails Project
SUBMITTED BY:
Lon Williams, Park Planner
Pete Haislip, Director of Parks, Recreation and Tourism
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Commonwealth of Virginia Department of Conservation and Recreation (OCR) awards
competitive grants to localities and other organizations through the Virginia Recreational
Trails Fund Program for the purposes of providing and maintaining recreational trails and
trails-related facilities. The Virginia Recreational Trails Fund Program is a reimbursement
grant program funded through the Federal Highway Administration (FHWA) under -rhe
Safe, Accountable, Flexible, Efficient Transportation Equity ACT: A Legacy For Users
(SAFETEA-LU). A grant in the amount of $57,000 was awarded to the Department of
Parks, Recreation and Tourism to assist the Department in the construction of a new
walking, hiking and biking trail system at Walrond Park in the Hollins Magisterial District.
As a reimbursement program, Roanoke County should be capable offinancing the project
while requesting periodic reirrlbursements. -rhe program requires a 200/0 (rTlinimum)
matching share from the project sponsor.
FISCAL IMPACT:
Grant funds of $57,000 will be appropriated for the project. It is anticipated that a portion
of the work will be accomplished with crews from the Department of Parks, Recreation and
Tourism. This in-kind work is estimated to be worth $24,040.
AL -rERNA TIVES:
Alternative #1 : Accept and appropriate the Virginia Recreational and Trails Fund grant of
$57,000 to the Roanoke County Parks, Recreation and Tourism
department.
Alternative #2: Decline the $57,000 Virginia Recreational and Trails Fund grant.
STAFF RECOMMENDATION:
Staff recon1mends approval of Alternative #1.
VOTE:
Supervisor Flora motion to approve staff recommendation.
Motion Approved
Yes No Absent
Mr. Wray k3J D D
Mr. Church k3J D D
Mr. Altizer k3J D D
Mr. Flora k3J D D
Mr. McNamara k3J D D
cc: Lon Williams, Park Planner
Pete Haislip, Director, Parks, Recreation, and Tourism
Rebecca Owens, Director, Finance
2
AT A REGULAR MEE1-ING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRA-rION
CENTER ON TUESDAY, DECEMBER 18,2007
ORDINANCE 121807-5 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA REQUES1-ING THE ECONOMIC
DEVELOPMENT AUTHORITY OF THE COUNTY OF ROANOKE,
VIRGINIA TO ISSUE LEASE REVENUE BONDS TO FINANCE
VARIOUS PUBLIC FACILITY PRO,-JECTS, AND AU-rHORIZING THE
LEASE AND FINANCING LEASE OF CERTAIN REAL ESTATE
WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke,
Virginia (the "County") has deterrrlined that it is necessary and advisable to undertake
the acquisition, construction, furnishing and equipping of various capital projects,
including a library, a recreation center, a fire-station, a fleet maintenance facility and
radio equipment (the "Financed ProjectsU) for the County, and to obtain financing for
the Financed Projects through lease revenue bonds (the "Bonds") to be issued by the
Economic Development Authority of the County of Roanoke, Virginia (the
"Authority") .
WHEREAS, the County will initially lease the library, fire-station, fleet
maintenance facility and radio equipment (the "Original Leased Projects") to the
Authority pursuant to a lease (the "Lease") and will lease the Original Leased Projects
back from the Authority pursuant to a financing lease between the Authority and the
County (the "Financing Lease").
WHEREAS, the County has an option to purchase certain real estate for
purposes of constructing the recreation center (the "Recreation Center Property"),
pursuant to an Option to Purchase Agreement dated September 26, 2007, between
the County and English Construction Company, Inc.
WHEREAS, upon the acquisition of the Recreation Center Property, the County
will lease the Recreation Center Property to the Authority pursuant to an amendment
to the Lease and will lease the Recreation Center Property back from the Authority
pursuant to an amendment to the Financing Lease (the "Recreation Center
Property," together with the Original Leased Projects, the "Leased Projects").
WHEREAS, the Bonds will be payable solely from the revenues derived from
the Financing Lease pursuant to which the County will agree to make rental payments,
subject to annual appropriation, sufficient to pay the principal of and interest on the
Bonds.
WHEREAS, the Bonds will be issued pursuant to the following documents: (i)
an I ndenture of Trust between the Authority and a trustee to be selected by the
County Administrator or the Chief Financial Officer (the "Trustee"), with the form of
the Bonds attached thereto; (ii) the Lease; (iii) the Financing Lease; (iv) a Leasehold
Deed of Trust from the Authority to the individual trustees named therein; (v) an
Assignment of Rents and Leases between the Authority and the Trustee; (vi) a
Preliminary Official Statement (the "Preliminary Official Statement") and an Official
Statement (the "Official Statement") with respect to the issuance and sale of the
Bonds; and (vii) a Bond Purchase Agreement (the "Bond Purchase Agreement")
among the County, the Authority and a group of underwriters lead by Davenport &
Company LLC. (the "Underwriters"). All of the documents listed above, except the
Bonds, the Preliminary Official Statement and the Official Statement are referred to in
this Ordinance as the "Basic Documents."
WHEREAS, pursuant to Section 18.04 of the Charter of Roanoke County a first
reading of this ordinance was held on December 4, 2007 and a second reading on this
matter was held on December 18, 2007.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF -rHE COUNTY OF ROANOKE, VIRGINIA:
1. Issuance of Bonds. The County requests the Authority to issue its
Bonds in the maximum aggregate principal amount of $67,500,000 for purposes of
financing the Financed Projects, to be paid from revenues derived from payments
made by the County pursuant to the Financing Lease.
2. Authorization of Basic Documents. The Bonds and the Basic
Documents are approved in substantially the forms on file with the County
Administrator, with such changes, insertions or omissions (including, without limitation,
changes of the dates thereof) as may be approved by the Chairman of the Board or
the County Administrator, whose approval shall be evidenced conclusively by the
execution and delivery of the Basic Documents to which the County is a party. The
execution and delivery of and performance by the County under the Bonds and the
Basic Documents to which the County is a party are authorized.
3. Amendments to Basic Documents. The Chairman of the Board and
the County Administrator, either of whom may act, are hereby authorized and directed
to execute and deliver on behalf of the County any amendments to the Lease,
Financing Lease, Deed of Trust and any other Basic Documents for purposes of
subjecting the Recreation Center Property to the Lease, Financing Lease and Deed of
Trust.
4. Authorization of Leases. The Board authorizes the Lease and
Financing Lease of certain real estate identified as the Original Leased Projects and
the Recreation Center Property with the Authority as provided in Section 18.04 of the
Charter of Roanoke County.
5. Execution of Documents. The Chairman and the Vice Chairman of the
Board and the County Administrator, or any of them, are authorized to execute on
behalf of the County the Basic Documents to which the County is a party, and, if
required, the County Administrator and the Clerk of the Board are authorized and
directed to affix or to cause to be affixed the seal of the County to the Basic
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Documents and to attest such seal. The Chairman and the Vice Chairn1an of the
Board, the County Administrator and the Chief Financial Officer or their designees are
authorized to execute and deliver on behalf of the County such instruments,
documents or certificates, and to do and perform such things and acts, as they shall
deem necessary or appropriate to carry out the transactions authorized by this
Ordinance or contemplated by the Basic Documents; and all of the foregoing,
previously done or performed by such officers or agents of the County, are in all
respects approved, ratified and confirmed.
6. Sale of Bonds. The County Administrator and the Chairman of the
Board, or either of them, are authorized and directed to consent to the terms of the
sale of the Bonds by the Authority to the Underwriters and to execute and deliver the
Bond Purchase Agreement, provided that (i) the true interest cost of the Bonds shall
not exceed 6.00/0 (taking into account any original issue discount or premium), (ii) the
aggregate principal amount of the Bonds shall not exceed the amount set forth in
paragraph 1, (iii) the sale price of the Bonds to the Underwriters shall not be less than
ggok1 of the aggregate principal amount thereof (not taking into account any original
issue discount) and (iv) the final maturity of the Bonds shall not be later than 31 years
fron1 their date. The approval of such officer shall be evidenced conclusively by the
execution and delivery of the Bond Purchase Agreement.
7. Disclosure Documents. The Preliminary Official Statement is
approved in substantially the form on file with the Board, with such changes, insertions
or omissions as approved by the County Administrator or the Chief Financial Officer.
The County Administrator or the Chief Financial Officer, or either of them, is
authorized and directed to prepare and deliver the Official Statement. The use and
distribution of the Preliminary Official Statement and Official Statement by the
Underwriters is authorized and approved. The County Adn1inistrator and the C~lief
Financial Officer are authorized to execute the Official Statement, if required. The
Preliminary Official Statement and Official Statement shall be published in such
publications and distributed in such n1anner, including by electronic distribution, and at
such times as the County Administrator, or such officers and agents of the County as
he may designate, shall determine. The County Administrator, or such other officer or
agent of the County as he may designate, is authorized and directed to deem the
Preliminary Official Statement and the Official Statement "final" for purposes of
Securities Exchange Commission Rule 15c2-12.
8. Nature of Obliaations. Nothing in this Ordinance, the Bonds or the
Basic Documents shall constitute a debt of the County and the Authority shall not be
obligated to make any payments under the Bonds or the Basic Documents except
from payments n1ade by or on behalf of the County under the Financing Lease. The
Financed Projects are hereby declared to be essential to the efficient operation of the
County, and the Board anticipates that the Financed Projects will continue to be
essential to the operation of the County during the term of the Financing Lease. The
Board, while recognizing that it is not empowered to make any binding commitment to
make appropriations beyond the current fiscal year, hereby states its intent to make
annual appropriations in future fiscal years in amounts sufficient to make all payments
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under the Financing Lease and hereby recommends that future Boards do likewise
during the term of the Financing Lease. The County Administrator is directed to
submit for each fiscal year a request to the Board for an appropriation to the Authority
for an amount equal to the rental payments coming due under the Financing Lease for
the next fiscal year. The County's obligations to make payments to the Authority
pursuant to this Ordinance shall be subject to and dependent upon annual
appropriations being made from time to time by the Board for such purpose. Nothing
in this Ordinance, the Bonds or the Financing Lease shall constitute a pledge of the
full faith and credit of the County.
9. Official Intent. -rhe Board adopts this Ordinance as a declaration of
official intent for purposes of Treasury Regulations Section 1.150-2.
10. Effective Date. This Ordinance shall take effect immediately.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NA YS:
None
A COpy TESTE:
~r;;). ~
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: Diane Hyatt, Chief Financia,1 Officer
Rebecca Owens, Director, Finance
Brent Robertson, Director, Management and Budget
Doug Chittum, Secretary, Economic Development Authority
I hereby certify that the foregoing is a true and correct copy of Ordinance 121807-5
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote
on Tuesday, December 18, 2007.
Brenda J. Holton, Deputy Clerk
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, DECEMBER 18,2007
ORDINANCE 121807-6 AUTHORIZING VACATION OF AN UNIMPROVED
RIGHT-OF-WAY BETWEEN LOT 14, BLOCK 1, AND LOT 1, BLOCK 2, AS
IDEN1-IFIED ON -rHE PLAT OF GLENVER EAST SUBDIVISION, SECTION
1, IN PLAT BOOK 7, PAGE 12, LOCATED IN THE CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, the Glenvar East Subdivision, Section 1, plat recorded in the Clerk's
Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 7, page 12, ("the
Glenvar East Subdivision Plat") established an unimproved right of way, 50' in width and
approximately 110' in length, between Lot 14, Block 1 (Tax Map No. 54.02-3-15) and Lot 1,
Block 2 (Tax Map No. 54.02-3-16), which now connects Ingal Blvd. (Route 1119) with
County School Board property known as Glenvar Middle School (Tax Map No. 54.02-4-3);
and
WHEREAS, the right-of-way area designated and set aside for public use on the
above mentioned plat has never been improved or accepted into the Virginia State
Secondary Road System; and
WHEREAS, the above described unimproved right-of-way is more clearly shown as
"RIGHT-OF-WAY TO BE VACATED" on "Plat Showing Unimproved 50' Right-of-Way to be
Vacated and Retaining a 20' Waterline Easement and 12' AEP Easement - By Board of
Supervisors of Roanoke County, Virginia", dated 11-13-2007, prepared by Roanoke
County Department of Community Development and attached hereto as Exhibit "A"; and
WHEREAS, no other property owner will be affected by the vacation of this
undeveloped right-of-way and that its current existence imposes an impediment to the
adjoining property owners making improvements to their properties adjoining this
previously dedicated but unimproved street; and
WHEREAS, the adjoining property owners and residents of Roanoke County, as
the Petitioners, have requested that, pursuant to S 15.2-2272 of the Code of Virginia (1950,
as amended), the Board of Supervisors of Roanoke County, Virginia, vacate this
unimproved right-of-way on the plat of the Glenvar East Subdivision, Section 1 , Plat Book 7,
Page 12, as shown on the attached Exhibit uA"; and
WHEREAS, this vacation will not involve any cost to the County and the affected
County departments have raised no objection; and
WHEREAS, notice has been given as required by S 15.2-2204 of the Code of
Virginia (1950, as amended); and
THEREFORE, 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 Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by ordinance.
A first reading and public hearing of this ordinance was held on November 13, 2007, and a
second reading of this ordinance was held on December 4, 2007, and continued to
December 18, 2007.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the subject real estate (an unirT~proved right of way 50' wide and approximately
110' in length) is hereby declared to be surplus and the nature of the interests in real estate
renders it unavailable for other public use.
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3. -rhat this unimproved right-of-way is designated and shown as "RIGHT-OF-
WAY TO BE VACATED" on Exhibit "A" attached hereto, said right-of-way being located
on the west side of Ingal Blvd. (Route 1119,) between Lot 14, Block 1 and Lot 1, Block 2
and having been dedicated on the subdivision plat of Glenvar East Subdivision, Section 1 ,
and recorded in the aforesaid Clerk's Office in Plat Book 7, page 12 in the Catawba
Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to S
15.2-2272 of the Code of Virginia, 1950, as amended.
4. -rhat an existing 12' AEP public utility easement as shown on the above
mentioned plat shall remain in full force and effect; and
5. -rhat a 20' wide waterline easement centered on the existing waterline as
shown on the above mentioned plat be, and hereby is, retained for the Western Virginia
Water Authority; and
4. That all costs and expenses associated herewith, including but not limited to
publication, survey and recordation costs, shall be the responsibility of the Petitioners.
5. -rhat the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be necessary
to accomplish the provisions of this ordinance, all of which shall be on form approved by
the County Attorney.
6. -rhat this ordinance shall be effective on and from the date of its adoption,
and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in accordance with S 15.2-2272 of the Code of Virginia
(1950, as amended).
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On motion of Supervisor Church to adopt the ordinance, and carried by the following
recorded vote:
A YES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COpy -rESTE:
~ 9. kb1~
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: Arnold Covey, Director, Cornmunity Development
Tarek Moneir, Deputy Director, Development
Philip Thorrlpson, Deputy Director, Planning
William Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
Brenda Chastain, Clerk, School Board
I hereby certify that the foregoing is a true and correct copy of Ordinance
121807 -6 adopted by the Roanoke County Board of Supervisors by a unanimous
recorded vote on Tuesday, December 18,2007.
randt, CPS
Deputy Clerk to the Board
4
METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A
COMPOSITE OF DEEDS, PLA TS, AND CALCULA TED INFORMA TION AND DO NOT
REFLECT AN ACCURA TE BOUNDARY SURVEY.
26- .
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1J
TAX I 54.02-0J-76.00
TOM E. ct THELMA S. CRANSTON
LOT 1
0.25J Ac.
(D.B. 965 PG. 28J)
~
TAX' 54.02-0.J-1~00
RICHARD A. &- TAJlJfY C. DEHART
LOT 14
0.255 Ac.
(0.8. 1J18 PC. 7802)
TAX' 54.02-04-02.00
COUNTY SCHOOL BOARD
OF ROANOKE COUNTY
32. 7 1 Ac.
TAX I 54. 02-(H-OJ. 00
COUNTY SCHOOL BOARD
OF ROANOKE COUNTY
28.48 Ac.
LEGEND
GLENVAR
MIDDLE SCHOOL
4555
PLAT SHOWING
PORTION OF IVIE CIRCLE - TO BE VACATED
BY
BOARD OF SUPERVISORS
OF ROANOKE COlTNTY, VIRGINIA
PREPARED BY: ROANOKE COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
" -',', ' " '" '-
::~~:~~:::~~~>::~~:~: RIGHT-Of-WAY TO BE VACATED
EXHIBIT "A"
TAX MAP NO.
54.02
GLENVAR HIGH SCHOOL
4549
SCALE:
1"=100'
DA TE:
11-13-2007
AT A REGULAR MEE1-,NG OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON l-UESDAY, DECEMBER 18, 2007
RESOLUTION 121807 -7 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for December 18,
2007, 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 5
inclusive, as follows:
1. Approval of minutes for November 13, 2007, and December 4, 2007
2. Acceptance of Coronado Street and the remaining portion of Fieldgate Road into
the Virginia Department of Transportation Secondary System
3. Acceptance of Miller's Landing Circle into the Virginia Department of
Transportation Secondary System
4. Acceptance of Charlestown Square and a portion of Elizabeth Drive into the
Virginia Department of Transportation Secondary System
5. Confirmation of comnlittee appointment
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 Altizer to adopt the resolution, and carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Wray, Church, Altizer, Flora, McNamara
None
A COpy TESTE:
~9.~
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: Arnold Covey, Director, Community Development
Teresa Becher, Transportation Engineering Manager
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING
ON THE 18th DAY OF DECEMBER 2007 ADOPTED THE FOLLOWING
RESOLu-rION 121807-7.a REQUESTING ACCEPTANCE OF
CORONADO STREET AND THE REMAINING POR-rION OF
FIELDGATE ROAD INTO THE VIRGINIA DEPAR-rMENT OF
TRANSPORTATION SECONDARY SYSTEM.
WHEREAS, the streets described on the attached Addition Form LA-5(A), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the
Circuit Court of Roanoke County, and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements, and
WHEREAS, the County and the Virginia Department of Transportation have entered
into an agreement on March 9, 1999 for comprehensive stormwater detention which
applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form LA-5(A) to the secondary system of state highways, pursuant to 933.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of
this resolution and all outstanding fees and documents required of the developer,
whichever occurs last in time.
BE IT FUR-rHER RESOLVED, this Board guarantees a clear and unrestricted right-
of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to
the Residency Administrator for the Virginia Department of Transportation.
Moved by:
Seconded by:
Yeas:
Nays:
Supervisor Altizer
None Required
Supervisors Wray, Church. Altizer. Flora. McNamara
None
A Copy Teste:
&~~~. ~
Brenda J. Hol on, CMC
Deputy Clerk to the Board
pc: Arnold Covey, Director, Department of Community Development
Teresa Becher, Transportation Engineering Manager
Virginia Department of Transportation
I hereby certify that the foregoing is a true and correct copy of Resolution 121807-7.a
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on
Tuesday, December 18, 2007.
Brenda J. Holton, Deputy Clerk
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NORTH
See Sheet 2
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Not to Scale
PROPOSED ADDITION SI-IOWN IN ORA. Y
DESCRrPTION
LENGTH RIGHT OF WAY ROADWAY W'DTH SERVICES
Miles Feel Feet Houses
Fie\dgate Road - from the intersection with
Kings Crest Drive {VA See Rte # 1182) to its
intersection with Coronado Street..
. Coronado Street.. from the intersection of Fieldgate Rd
southeast to its cul-de-sac.
Coronado Street - from the intersection of Fie\dgate Rd
northwest to its cul-de-sac.
o 1
50
30
0.14
50
30
o 12
50
30
, Sheet I
ROANOKE COUN'TY
DEPAR'fMENT OF
COMM~IIY DEVELOPMENI
Kings Crest, Sections 2 & 3
Acceptance of Coronado Drive and the remaining
portion of Fieldgate Road into the Virginia DepaItnlent
ofT'ransportation Secondary System.
5
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NORTH
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- See Sheet 1
PROPOSED ADD1TION SHOWN IN ORA Y
DESCRIPTION
LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICES
Miles Feet Feet Houses
Fteldgate Road - from the intersection with
Kings Crest Drive (VA See Rte # 1182) to its
intersection with Coronado Street..
Coronado Street - from the intersection of Fieldgate Rd
southeast to its cul"de-sac.
Coronado Street - from the intersection of Fieldgate Rd
northwest to its cul-de..sac.
Not to Scale
30
50
5
0.1
014
50
30
14
o 12
50
30
13
Sheet 2
ROANOKE COUN'TV
DEPARTMENT OF
COMlvll!NITY DEVELOPMEN1'
Kings Crest, Sections 2 & 3
Acceptance of Coronado Drive and the remaining
portion of Fieldgate Road into the Virginia Department
of "Transportation Secondroy System,
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING
ON THE 18th DAY OF DECEMBER 2007 ADOPTED THE FOLLOWING:
RESOLUTION 121807-7.b REQUES-rING ACCEPTANCE OF MILLER'S
LANDING CIRCLE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYS-rEM.
WHEREAS, the streets described on the attached Addition Form LA-5(A), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the
Circuit Court of Roanoke County, and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements, and
WHEREAS, the County and the Virginia Department of Transportation have entered
into an agreement on March 9, 1999 for comprehensive stormwater detention which
applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form LA-5(A) to the secondary system of state highways, pursuant to ~33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of
this resolution and all outstanding fees and documents required of the developer,
whichever occurs last in time.
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-
of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to
the Residency Administrator for the Virginia Department of Transportation.
Moved by:
Seconded by:
Yeas:
Nays:
Supervisor Altizer
None Reauired
SUDervisors Wrav, Church, Altizer, Flora, McNamara
None
A Copy Teste:
~~o&/f-
Deputy Clerk to the Board
pc: Arnold Covey, Director, Department of Community Development
Teresa Becher, Transportation Engineering Manager
Virginia Department of Transportation
I hereby certify that the foregoing is a true and correct copy of Resolution 121807-7. b
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on
Tuesday, Decerrlber 18,2007.
Brenda J. Holton, Deputy Clerk
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. _ ~CIN1'TY MAP
NORTH
North Ardmore, Section 4
P,B. 5, Pg. 3
PROPOSED ADDI'TION SHOWN IN ORA Y
DESCR1PTtON
LENGTH RtGHT OF WAY ROADWAY WIDTH SERVICES
Miles Feet Feet Houses
Varies
(40' & 50')
o 18
28
10
iMiUer's Landing Circle ... .from the intersection with
Keffield Street (VA See Rte # 1834) to Its
intersection with 8isea ne Street (Sec. Rte 1879),
Not to Scale
ROANOKE COUNT"Y
DEPAR'TMENT" OF
COfvllYIUNITY DEVELOPMENI
Miller's Landing
Acceptance of Miller~ s Landing Circle into the
Virginia Department of -Transportation Secondary System.
THE BOARD OF SUPERVISORS OF ROANOKE COLfNTY, IN REGULAR MEETING
ON THE 18th DAY OF DECEMBER 2007 ADOPTED THE FOllOWING:
RESOLUTION 121807 -7 .c REQUESTING ACCEPTANCE OF
CHARLESTOWN SQUARE AND A POR1-ION OF ELIZABE-rH DRIVE INTO
THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM.
WHEREAS, the streets described on the attached Addition Form LA-5(A), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the
Circuit Court of Roanoke County, and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements, and
WHEREAS, the County and the Virginia Department of Transportation have entered
into an agreement on March 9, 1999 for corr~prehensive stormwater detention which
applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form LA-5(A) to the secondary system of state highways, pursuant to S33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of
this resolution and all outstanding fees and documents required of the developer,
whichever occurs last in tin1e.
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-
of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to
the Residency Administrator for the Virginia Department of Transportation.
Moved by:
Seconded by:
Yeas:
Nays:
Supervisor Altizer
None Required
Supervisors Wray. Church, Altizer, Flora. McNamara
None
A Copy Teste:
i3Ilu ~b ~ Jkffi--
Brenda J. Hol on, CMC
Deputy Clerk to the Board
pc: Arnold Covey, Director, Department of Community Development
Teresa Becher, Transportation Engineering Manger
Virginia Department of Transportation
I hereby certify that the foregoing is a true and correct copy of Resolution 121807-7.c
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on
Tuesday, December 18, 2007.
Brenda J. Holton, Deputy Clerk
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PROPOSED ADDI'TION SHOWN IN ORA. Y
DESCRIPTION
LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICES
Miles Feet Feel.~ Houses
Elizabeth Drive - from the intersection with
Finney Drive {VA Sec. Rte # 1043) to its
intersection with Charlestown S uare.
Charlestown Square - from the intersection of
Elizabeth Drive to its cul-de-sac.
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10
Not to Scale
ROA'NOKE CGUN'TV
DEP ARTMEN'T OF
COMMVNITY DEVELOPMEN'T
Montgomery VilJage, Section 9
Acceptance of Charlestown Square and a portion of
Elizabeth Drive into the Virginia Department of
T"ransportation Secondary System.
ACTION NO. A-121807-7.d
ITEM NO.
J-5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 18, 2007
AGENDA ITEM:
Confirmation of committee appointment
SUBMITTED BY:
Wanda G. Riley, CPS
Clerk to the Board
APPROVED BY:
Elmer C. Hodge
County AdJTlinistrator
COUNTY ADMINISTRATOR1S COMMENTS:
SUMMARY OF INFORMATION:
1. Southwest Development Financing, Inc.
The two-year term of Wendi Schultz, Tourism and Event Coordinator for the Parks,
Recreation and Tourism Department, will expire on January 12, 2008. It was the
consensus of the Board to place confirmation of her appointment on the consent
agenda.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 18, 2007
RESOLUTION 121807-8 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, -rHEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Only public business matters lawfully exerrlpted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
A YES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COpy -rESTE:
~~. /}tJi-k-
Brenda J. Holt n, CMC
Deputy Clerk to the Board of Supervisors
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 18,2007
RESOLUTION 121807 -9 OF APPRECIATION TO MICHAEL A. WRA Y FOR
HIS SERVICE AS A MEMBER OF THE BOARD OF SUPERVISORS FROM
2004 THROUGH 2007
WHEREAS, Michael A. Wray was first elected to the Board of Supervisors of
Roanoke County to represent the Cave Spring Magisterial District in November 2003, and
served from January 1,2004, until his retirement on December 31,2007; and
WHEREAS, Supervisor Wray exhibited leadership by serving as Vice-Chairman
during 2005; and as Chairman in 2006; and
WHEREAS, Supervisor Wray has demonstrated a generosity of spirit in his service
to the citizens of Roanoke County and worked diligently in his role as a supervisor to
provide assistance to those in bis district; and
WHEREAS, during Supervisor Wray's tenure on the Board, Roanoke County
embarked on the following projects and initiatives:
)- The approval or completion of numerous major County capital improvement projects
including: the new public safety center, South County library, North County fire
station, fleet maintenance facility, 800 MHz radio upgrade, and the nlultigenerational
recreation center.
)- School capital projects including: the renovation of Northside High School, the
upgrade of the technology infrastructure and telephone system, and the installation
of security systems in all County schools.
)- The approval or completion of the following regional projects: the formation of the
Western Virginia Water Authority, the Western Virginia Regional Jail, the Route 220
water line extension into Franklin County, and continued inter-jurisdictional
cooperation on parks and recreation programs, library services, and public safety.
1
). The institution of environmental initiatives which earned the County an
Environmental Excellence Award from the Virginia Department of Environmental
Quality including: a recycling program with drop off locations at Hollins University
and in the Cave Spring District, participation in the Ozone Early Action Plan
Compact, and joining Local Governments for Sustainability (ICLEI), an international
association corr~mitted to irrlproving the global environment through local action.
). The development of financial policies and practices to build capital reserves and
fund County and Schools Capital Improvement Programs which have garnered
national attention and which will protect the County during times of economic
recession.
). The recruitment and expansion of over fifty businesses with an investment of more
than $268 million and the creation of thousands of new jobs.
WHEREAS, in addition to his duties as a Board member, Supervisor Wray also
served with distinction on many committees and boards including the Roanoke Valley-
Alleghany Regional Corr~mission and Metropolitan Planning Organization; the Social
Services Advisory Board; Juvenile Diabetes Research Foundation Board; the Clearbrook
Civic League; the Citizens Advisory Committee for the Roanoke County Comprehensive
Plan; the YMCA Central Branch Board of Directors; the Roanoke County Council of PTA's
Board of Directors; and the Roanoke County Career and Technical Education General
Advisory Council.
NOW, -rHEREFORE, 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 MICHAEL A. WRA Y for his capable, and dedicated service to Roanoke County;
and
2
BE IT FURTHER RESOLVED that the Board of Supervisors wishes Supervisor
Wray continued success in his future endeavors.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Church, Altizer, Flora, McNamara
NAYS: None
ABSTAIN: Supervisor Wray
A COpy -rESTE:
~9th-1~
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, -rUESDA Y, DECEMBER 18, 2007
ORDINANCE 121807-10 TO DENY THE REZONING OF 1.42
ACRES FROM R-3, MEDIUM DENSITY MULTI-FAMILY
RESIDENTIAL DISTRICT, TO C-2, GENERAL COMMERCIAL
DISTRICT WITH CONDITIONS, FOR THE CONSTRUCTION
OF AN EXTENDED STAY HOTEL LOCATED AT THE
CORNER OF HERSHBERGER ROAD AND OAKLAND
BOULEVARD (TAX MAP NOS. 38.15-1-9 AND 38.15-1-10),
HOLLINS MAGISTERIAL DISTRICT UPON THE
APPLICATION OF AUSLO, INC./PHILIP BANE
WHEREAS, the first reading of this ordinance was held on September 25,2007, and
the second reading and public hearing were held November 13, 2007, and continued to
December 18, 2007; and,
WHEREAS, the Roanoke County Planning Corrln1ission held a public hearing on
this matter on October 2,2007, which was continued to November 5,2007; and
WHEREAS, legal notice and advertisement has been provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
On motion of Supervisor Flora to deny the ordinance, and carried by the following
recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COpy TESTE:
&N~ ~. ~
Brenda J. Ho on,. CMC
Deputy Clerk to the Board of Supervisors
cc: Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thon~lpson, Deputy Director, Planning
William Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT -rHE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, DECEMBER 18, 2007
ORDINANCE 121807-11 TO REZONE 1.41 ACRES FROM
AVC, AGRICUL TURALNILLAGE CENTER DIS-rRICT WrrH
CONDI'-IONS, TO AVC, AGRICUL '.URAUVILLAGE CENTER
DISTRICT WITH AMENDED CONDITIONS, AND TO OBTAIN
A SPECIAL USE PERMIT TO OPERATE A CONSTRUC-rION
YARD IN AN AVC DISTRICT, LOCATED AT 7119 BENT
MOUNTAIN ROAD (TAX MAP NO. 95.01-1-4), WINDSOR
HILLS MAGISTERIAL DISTRICT UPON THE APPLICATION
OF DALTON HEA-rING & AIR CONDITIONING, INC.
WHEREAS, the first reading of this ordinance was held on November 13,2007, and
the second reading and public hearing were held December 18, 2007; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on December 4, 2007; and
WHEREAS, legal notice and advertisement has been provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing 1.41
acres, as described herein, and located at 7119 Bent Mountain Road (Tax Map Number
95.01-1-4) in the Windsor Hills Magisterial District, is hereby changed from the zoning
classification of AVC, AgriculturalNillage Center District with conditions, to the zoning
classification of A VC, AgriculturalNillage Center District with amended conditions.
2. -rhat this action is taken upon the application of Dalton Heating & Air
Conditioning, Inc.
3. -rhat the owner of the property has voluntarily proffered in writing the following
conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts:
1) The subject property will be utilized solely as a general office, medical
office, or administrative services by right or as a construction yard with a
special use permit.
4. That the Board 'finds that the granting of a special use perrTlit to Dalton
Heating & Air Conditioning, Inc. to operate a construction yard to be located at 7119 Bent
Mountain Road in the Windsor Hills Magisterial District is substantially in accord with the
adopted 2005 Community Plan, as anlended, pursuant to the provisions of Section 15.2-
2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse
impact on the surrounding neighborhood or community, and said special use permit is
hereby approved with the following conditions:
1) The construction yard shall be linlited to a heating & air conditioning
contractor.
2) There shall be no exterior alterations to the existing building and/or
expansions of the existing parking area.
3) All business operations and storage shall take place within the existing
building, with the exception of a 20' x 8' x 8' enclosed storage container.
4) The storage container shall be located at the rear of the building, out of
the 1 DO-year floodway, and shall be screened with fencing.
5) Signage shall be limited to the refacing of the existing 30 square foot
monument sign.
5. -rhat said rea, I estate is more fully described as follows:
2
Being all of Tax Map No. 95.01-1-4 containing 1.41 acres
6. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to
amend the zoning district map to reflect the change in zoning classification authorized by
this ordinance.
On n10tion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
A YES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COpy TESTE:
&lN~ ~ ~
Brenda J. H ton", CMC
Deputy Clerk to the Board of Supervisors
cc: Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
William Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
3