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HomeMy WebLinkAbout9/27/1994 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 RESOLUTION 92794-1 OF APPRECIATION UPON THE RETIREMENT OF TINA C. GREENE, SOCIAL SERVICES DEPARTMENT WHEREAS, Tina C. Greene was first employed in January, 1975, as an Eligibility Worker with the Department of Social Services; and WHEREAS, Tina C. Greene has also served as a Senior Eligibility Worker in the Department of Social Services; and WHEREAS, Tina C. Greene, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, hereby expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to TINA C. GREENE for over nineteen years of capable, loyal, and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: / 41 v "vim^ " - - Brenda J. HdIton, Deputy Clerk Roanoke County Board of Supervisors cc: File Resolutions of Appreciation File D. Keith Cook, Director, Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 RESOLUTION 92794-2 OF APPRECIATION UPON THE RETIREMENT OF WILLIAM E. POOLE, SHERIFF'S OFFICE WHEREAS, William E. Poole was first employed in December, 1979, as a Deputy Sheriff -Corrections Officer in the Sheriff's Office; and WHEREAS, William E. Poole has also served as a Deputy Sheriff -Corrections Division Transportation in the Sheriff's Office; and WHEREAS, William E. Poole, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, hereby expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to WILLIAM E. POOLE for over fourteen years of capable, loyal, and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Cu , Brenda J. Ho ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Resolutions of Appreciation File D. Keith Cook, Director, Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 RESOLUTION 92794-3 OF APPRECIATION UPON THE RETIREMENT OF GLORIA T. LOVELACE, SHERIFF'S OFFICE WHEREAS, Gloria T. Lovelace was first employed in April, 1984, as a Corrections Division Cook in the Sheriff's Office; and WHEREAS, Gloria T. Lovelace has also served as a Deputy Sheriff -Corrections Officer in the Sheriff's Office; and WHEREAS, Gloria T. Lovelace, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, hereby expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to GLORIA T. LOVELACE for over ten years of capable, loyal, and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Resolutions of Appreciation File D. Keith Cook, Director, Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 RESOLUTION 92794-4 AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY WITH RESPECT TO THE SALE OF $10,100,000 SCHOOL BONDS WHEREAS, the Roanoke County School Board and the Board of Supervisors of Roanoke County, Virginia ("County") have determined that it is advisable to contract a debt and issue general obligation bonds of the County in an amount not to exceed $10,100,000 ("Bond") to finance certain capital improvements for public school purposes ("Projects") and to sell the Bonds to the Virginia Public School Authority ("VPSA"); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The County Administrator is authorized and directed to submit an application to the VPSA in order to sell the Bonds to the VPSA at the Spring 1995 bond sale. 2. This Resolution shall take effect immediately. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: Supervisor Eddy A COPY TESTE: Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, Superintendent, Roanoke County Schools ACTION NO. A-92794-5 ITEM NUMBER / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 1994 AGENDA ITEM: Request from Walter Campbell for Funds to Repair Melinda Lane COUNTY ADMINISTRATOR'S COMMENTS: �J" �J'4 /�,����e y;iQQ�i ire, � ���% _�„w,L•o SUMMARY OF INFORMATION: Attached is a letter from Walter E. Campbell requesting that Roanoke County make repairs to Melinda Lane. Staff has visited the site on several occasions and discussed the damage with Mr. Campbell. This is a one lane private lane serving six families. It was initially paved approximately 14 years. Since that time it was patched by the County in 1991 when damage occurred from rear loader refuse trucks traveling on the lane. Staff discontinued taking the rear loader on Melinda Lane in 1991. Since that time, we have collected Mr. Campbell's refuse with a pickup truck and took the refuse to the larger refuse vehicle on another road. Other residents took their refuse to the rear loader. Staff has reviewed this request and does not feel that the County should pay the entire portion because of the driveway has been used for many years by the families living there. It has also not been the practice of the County to pay for repairs of this type. Otherwise, we would be repaving roads in subdivisions such as Bridlewood. Because of the circumstances involved, however, the County has offered to pay one-third of the cost up to $1,000 toward repaving of the driveway. STAFF RECOMMENDATION Staff recommends that the Board authorize payment of one-third of the cost up to $1,000, with the funds appropriated from the insurance reserves. Submitted by Robert Jern' an Risk Manage Appr ved by: Elmer C. Hodqb County Administrator .) ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: H. Odell Minnix No Yes Abs Denied ( ) motion to approve payment by Eddy x_ Received ( ) County of 75% and Campbell 25% Johnson x Referred ( ) of costs for repair, not to Kohinke x To ( ) exceed $3,400 Minnix x Nickens x cc: File Robert Jernigan, Risk Manager Diane D. Hyatt, Director, Finance V Walter E. Campbell " 6188 Melinda Lane Roanoke, Va. 24065 September 15, 1994 Mr. Gardner W. Smith, Director Roanoke County General Services 1216 Kessler Mill Rd. Salem, Va. 24153 Dear Mr. Smith, BACKGROUND - After Roanoke County discontinued backyard service, garbage trucks started picking up on Melinda Lane. After the service started in 1982, there was deterioration of the road surface. At my request, the County had a contractor to come out to spot -patch the road in 1985. I was told that they would be back to finish the repair but they never came back. COMPLAINT - Melinda Lane has deteriorated over the years partially due to the garbage trucks and because the repair was never completed. There are six families living on this road and it is our opinion that with my tax dollars supporting the County, that I should get repairs to the road. To date, I have talked to ten or more employees of the County and of the State with no help being received. I am a retired citizen on Social Security and I am seeking the support of the County government to fix this road. REQUEST - Request that the Roanoke County Board of Supervisors take action to repair Melinda Lane and bring it up to the standard to stop the deterioration. Estimates obtained to repair the road have been turned over to Mr. Minnix. I am personally prepared to appear before the Board on September 27, 1994. Sincerely, 600 A�16 Walter E. Campbell AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 ORDINANCE 92794-6 AMENDING AND REENACTING SEC. 21-16. RETURNS OF ARTICLE II. TARES ON TANGIBLE PERSONAL PROPERTY OF CHAPTER 211 TAXATION OF THE ROANOKE COUNTY CODE TO PROVIDE AN ALTERNATIVE METHOD OF FILING RETURNS FOR MOTOR VEHICLES. WHEREAS, Sec. 21-16. Returns. of the Roanoke County Code requires that a personal property return form be filed with the Commissioner of the Revenue before February 1 of each year for every motor vehicle, trailer or boat having a situs within the county on January 1 of each year; and WHEREAS, the 1994 session of the General Assembly of Virginia has enacted a new § 58.1-3518.1 of the Code of Virginia to permit the governing body of any locality to adopt by ordinance an alternative method for the assessment and taxation of most motor vehicles based upon a previous personal property tax return filed by the owner or owners of such vehicle; and WHEREAS, the adoption of such an alternative method of filing returns for motor vehicles will both provide greater service to the citizens of the County of Roanoke by eliminating thousands of unnecessary personal property tax returns as well as free the employees of the Office of the Commissioner of the Revenue to focus on more essential and productive matters. WHEREAS, the first reading of this ordinance took place on September 13, 1994; the second reading took place on September 27, 1994. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke as follows: 1. That Sec. 21-16. Returns. of Article II. Taxes on Tangible Personal Property of Chapter 21, TAXATION, is hereby amended and reenacted as follows: Sec. 21-16. Returns. (a) Returns for tangible personal property, (except tangible personal property on motor vehicles, trailers and boats) tangible personal property employed in a trade or business and machinery and tools taxes shall be filed with the commissioner of the revenue on or before February 1 of the year for which the tax is to be assessed. Any person who shall fail to file such a return on or before February 1 of the year for which the tax is to be assessed shall, in addition to the tax to be paid, be assessed a penalty of '? {b} Returns of tangible personal property on Meter veh-rel s, trailers, boats and motors, and mobile homes with a situs within the county on January 1 shall be filed with the commissioner of the revenue on or before February 1 "` tangible- persenal preperty en meter vehie-res, traijers andL..._t „hieh-aeq�ee aSItUB- within -the -eeunty—ez 2 3 Fv*" 2. This ordinance shall be effective from and after October 1, On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Circuit Court G. O. Clemens, Judge, Kenneth E. Trabue, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Steven A. McGraw, Clerk J Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney R. Wayne Compton, Com of Revenue Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief 0 Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Asst Adm Diane D. Hyatt, Dir, Finance O. Arnold Covey, Dir, Eng & Insp Terrance L. Harrington, Dir, Plan & Zon Gary Robertson, Dir, Utility Michael Lazzuri, Court Services Don C. Myers, Asst Adm Alfred C. Anderson, Treasurer AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 ORDINANCE 92794-7 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE EXTENDING ACROSS DARRELL SHELL MEMORIAL PARR OWNED BY THE BOARD OF SUPERVISORS WHEREAS, Appalachian Power Company (APCO) has requested an easement for extension of underground lines across property owned by the Roanoke County Board of Supervisors and leased by the School Board of Roanoke County, located along Virginia Route No. 1723 (Commonwealth Drive) and known as the Darrell Shell Memorial Park; and, WHEREAS, APCO requires the easement in order to provide more reliable service to the businesses and residences in the immediate area; and, WHEREAS, the proposed easement will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. 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 of this ordinance was held on September 13, 1994; and a second reading was held on September 27, 1994. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be f conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service. 3. That donation of an easement, fifteen feet (1511) in width, for an underground line(s) along the property lines of the property known as Darrell Shell Memorial Park, as shown on APCO Drawing No. R-3048, dated May 6, 1994, to Appalachian Power Company is hereby authorized, subject to the following conditions: (a) Appalachian's facilities shall be placed a minimum of five feet (51) away from any County water line, facility, or related improvements. (b) Appalachian agrees to restore and repair any damage to the County's property which may be caused by the construction, operation, or maintenance of said easement, including but not limited to restoration of the jogging/walking track to its former condition, and replacement of stone and railroad ties with material equal to or exceeding what is currently in place. (c) Appalachian agrees to accommodate use of the walking/jogging track, to the extent possible, during any phase of construction, reconstruction or maintenance of the easement. 4. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None K A COPY TESTE: Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Gary Robertson, Director, Utility Ruth Wade, Clerk, Roanoke County School Board Vickie L. Huffman, Assistant County Attorney 3 RT 6/3 �N 5L h16 DARRELL MEMORIAL PENN FOREST EL EMENTARY Z HCl. v �a EXIST I NG POLE 349 -1086 DATE ' REVISION APPALACHIAN POWER COMPANI ROANOKE , VIRGINIA Incl N A I^f/r, PROPOSED RIGHT OF WAY ON PROPERTY OF BOARD OF SUPERVISORS OF ROANOKE COUNTY 9MAWM wv G.O. P oArt 5-6-94 AM .. J. B.A. III ScALs 1'- 200' COUNTY OF ROANOKE, VA- CAVE SPRING MAG. DIST. suacT ri aMsrn T. D. 665000 MAP 348C3,349AI DRAWING Nth. R - 3045 GTO 49WF/6M12-69 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, TUESDAY, SEPTEMBER 27, 1994 RESOLUTION 92794-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for September 27, 1994 designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Approval of Minutes for August 23, 1994, and September 12, 1994. 2. Confirmation of Committee Appointments to the Building Code Board of Adjustments and Appeals and Grievance Panel. 3. Request for Acceptance of 0.12 Miles of College View Court into the Virginia Department of Transportation Secondary System. 4. Resolution to the Virginia Department of Education Requesting Certain Changes to the Regulations Concerning Literary Loan Fund Applications. 5. Acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts. 6. Approval of Raffle Permit from Junior Miss Local Organization, Blue Ridge Junior Miss Festival. 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 Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Q - Z��2� Brenda J. Hol n, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, Superintendent, Roanoke County Schools ACTION NO. A -92794-8.a ITEM NUMBER L -a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 1994 AGENDA ITEM: Confirmation of Committee Appointments to the Building Code Board of Adjustments and Appeals, and Grievance Panel. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made by at the September 13, 1994 meeting. 1. Buildinq_Code Board of Adjustments and Aubeals Supervisor Eddy nominated Richard Williams to another four- year term. His term will expire October 21, 1998. 2. Grievance Panel Supervisor Eddy nominated Henry H. Wise to another three-year term, as an alternate member. His term will expire October 21, 1997. STAFF RECOMMENDATION: It is recommended that these appointments be confirmed by the Board of Supervisors. Respectfully submitted, Approved by, Brenda J."Holton Elmer C. Hodge Deputy Clerk to the Board County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: H. Odell Minnix No Yes Abs Denied ( ) Received ( ) Referred ( ) To ( ) Eddy x Johnson x Kohinke x Minnix x Nickens x cc: File Building Code Board of Adjustments and Appeals File Grievance Panel File THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 27TH DAY OF SEPTEMBER, 1994, ADOPTED THE FOLLOWING: RESOLUTION 92794-8.b REQUESTING ACCEPTANCE OF COLLEGE VIEW COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM WHEREAS, the streets described on the attached Additions Form SR -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 Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and 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 Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: H. Odell Minnix Seconded By: Not Required Yeas: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy Nays: None A Copy Teste: Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 92794-8.b requesting acceptance of College View Court into the Virginia Department of Transportation Secondary Road System adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, September 27, 1994. ZU4J,a--) 0. 4e -No, Brenda J. H61ton, Deputy Clerk Roanoke County Board of Supervisors o. 43 7974 • 7973 7ez• 4^ 7966 _ 4 �• 7961 .7 7ej6 f 61 7998 5 ' / yc;' 7913 6 r 7910 _ \ 40 7950 .. r y 10 � 7e17 39 f .e 38 i 71, tEe7 \37 e 32 7784 '4084 �779J ie9° of 14 36 i 33 7879 !\� 7776 •: e.._. X78 ; ••. 31 7871 !!! 7706 , V PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1) College View Court from end of cul-de-sac (south of Hollins Court Rt. No. 2010 to end of cul-de-sac (north of Hollins Court) . LENGTH: (1) RIGHT OF WAY: (1) ROADWAY WIDTH: (1) SURFACE WIDTH: (1) SERVICE: (1) 0.12 MILES 50 FEET 30 FEET 26 FEET 4 HOMES ROANOKE COUNTY ACCEPTANCE OF COLLEGE VIEW COURT INTO THE ENGINEERING & VIRGINIA DEPARTMENT OF TRANSPORTATION - INSPECTIONS DEPARTMENT SECONDARY SYSTEM 3 E 2 cc v 5 N JCC Lm n 9 a < v N O N O O O m rn g Z n m V O I 3 U Q d � m a a° ai cm am al ao am ai 0 am ai tf am ai a a a a ai }y( of m c p a v c m C_ H O a N C < b h F di Z' N h O O � ❑ � � ym O c C 11. H a IL V- a LL H a IL F a IL F- a LL F- d LL �- V x y m 3 t � (39 C QZ N N Z 5 L-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 RESOLUTION 92794-8.0 TO THE VIRGINIA DEPARTMENT OF EDUCATION REQUESTING CERTAIN CHANGES TO THE REGULATIONS CONCERNING LITERARY LOAN FUND APPLICATIONS WHEREAS, the Board of Supervisors and the School Board for Roanoke County have reviewed the capital needs of the citizens of Roanoke County, and in particular, the educational needs of the children of the county, and have adopted a Capital Improvements Program to address these needs; and, WHEREAS, the County has embarked upon an extensive program of school capital improvements, including both renovation of existing facilities, as well as new construction; and, WHEREAS, the Department of Education is considering certain changes with respect to the regulations governing literary loan applications in order to provide increased funding to local school divisions for school construction. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia: 1. That the Commonwealth of Virginia, through its elected officers and appointed officials, must allocate greater funding to the Literary Fund; and authorize an increase in annual expenditures from this Fund for school construction purposes. 2. That proceeds from the Literary Fund must not be diverted for purposes other than school construction. 3. That the regulations governing the Literary Fund be amended to increase the amount available for a project from $2.5 Million to $5 Million. 4. That the regulations governing the Literary Fund be amended to increase the total amount available to a local school division be increased from its current limit of $20 Million. 5. That the regulations governing the Literary Fund be amended to expedite the review, approval and disbursement of monies to local school divisions and local governments, thereby reducing the inordinate delays in the actual receipt of money from the Literary Fund. 6. That the clerk to the Board of Supervisors is hereby directed to mail a certified copy of this Resolution to the Department of Education, members of the General Assembly representing the Roanoke Valley, and the Clerk to the School Board for Roanoke County. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Q/ Brenda J. Ho ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney Kathryn S. Kitchen, Division Chief, VA Dept of Education Ruth Wade, Clerk, Roanoke County School Board Roanoke Valley Legislators I hereby certify that the foregoing is a true and correct copy of Resolution 927924-8.c requesting certain changes to the regulations concerning literary loan fund applications adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, September 27, 1994. &Lile� - Br—x�—Lj� enda J. Ho ton, Deputy Clerk Roanoke County Board of Supervisors ACTION NO. A -92794-8.d ITEM NUMBER L-- S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 1994 AGENDA ITEM: Acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION• Roanoke County applied for a Local Government Challenge Grant from the Virginia Commission for the Arts. The Commission will match up to $5,000, any donation the County makes to qualified art organizations in the valley. In the FY 1994-95 Budget, The Board of Supervisors approved an appropriation of $3,000 for the Arts Council of the Blue Ridge, $8,500 for Mill Mountain Theatre and $7,500 for the Roanoke Symphony Orchestra. Staff therefore, applied for the maximum grant allocation of $5,000. Roanoke County was awarded $2,910 for FY 1994-95. This amount is less than the maximum due to the budget cuts suffered by State agencies over the last several years. FISCAL IMPACT: Staff recommends dividing the $2,910 grant evenly between the Arts Council of the Blue Ridge, Mill Mountain Theatre and the Roanoke Symphony Orchestra. Combined with the County's appropriation, the following amounts would be available to the organizations referred to above: STAFF RECOMMENDATION• Staff recommends acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $2,910 to be distributed as indicated above. County VCA Organization Appropriation Grant Total Arts Council $ 3,000 $ 970 $ 3,970 Mill Mountain Theatre 8,500 970 9,470 Roanoke Symphony 7,500 970 8,470 19 000 $ 2.910 21 910 STAFF RECOMMENDATION• Staff recommends acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $2,910 to be distributed as indicated above. ti Respectfully submitted, �). e�� 2'(� W. Brent Robertson Budget Manager Approve,4 by, Elmer C. Hodge County Administrator ACTION VOTE Approved Motion by: H. Odell Minnix No Yes Abs Denied () Eddy — x — Received () Johnson — x — Referred () Kohinke x To () Minnix — — — Nickens x cc: File W. Brent Robertson, Budget Manager. ACTION NO. A -92794-8.e ITEM NUMBER L— AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 1994 AGENDA ITEM: Request for Approval of a Raffle Permit from the Junior Miss Local Organization, Blue Ridge Junior Miss Festival COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Junior Miss Local Organization, Blue Ridge Junior Miss Festival, has requested a permit to hold a raffle in Roanoke County on November 8, 1994, and has submitted an application. This application has been reviewed with the Commissioner of Revenue and he recommends that it be approved. The application is on file in the Clerk's Office. The organization has paid the $25.00 fee. STAFF RECOMMENDATION: It is recommended that the application for a Raffle Permit be approved. SUBMITTED BY: APPROVED BY: 6b�& 9. ex Brenda J. Holton Elmer C. Hodge Deputy Clerk County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: H_ Odell Minnix No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Bingo/Raffle Permit File RAFFLE PERMIT APPLICATION 4_4 Application is hereby made for a raffle game permit. This application is made subject to all County and State laws, rules, ordinances, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the undersigned applicant and officers of the organization and which shall be deemed a condition under which this permit is issued. Raffle games are strictly regulated by Title 18.2-340.1 et. sea. of the criminal statutes of the Virginia Code, and by Section 4-86 et. sea. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investigation prior to granting a raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Name of Organization Junior 'hiss Locals- Blue Ridge Junior Miss Festiva.- Mailing estiva= Mailing Address Route 2, Box 192 City, State, zip Code Vinton, Va. 24179 When was the organization founded? Purpose and Type of organization Scholarship program - to provide high school senior girls with scholarship for college Has the organization been in existence in Roanoke County for two continuous years? YES X NO Is the organization non-profit? YES X NO Is the organization exempt under §501(c)(3) of the Internal Revenue Code? YES X NO Attach copy of IRS Tax Exemption Letter. (If applicable) Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 18.2- 340.10 et. sea. of the Code of Virginia authorizing this permit is subj.ect to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above referenced Codes may be guilty of a felony? yes Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Raffle games and that such records are subject to audit by the Commissioner of the Revenue? yes COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COADUSSIONER OF THE REVENUE ROANOKE, VA 24018 1 Officers of the Organization: President: Kathy Wheeler - Chairman Phone: 890-3299 1 - {D Address: Rt. 2. box 192, Vinton, Va, 24179 Vice President: Bootie Bhewning-Co-Chairman Phone: 342-4171 Address: 888 Colbourne Ave., Vinton, Va. 24179 Secretary: Vickie Daulton - Co -Chairman Phone: 389-1107 Address: 348 Pennsylvania Ave., Salem, Va. 24153 Treasurer: Linda Waybright - Co -Chairman Phone: 890-3569 Address: 318 Missimer Land, Vingon, Va. 24179 Member authorized to be responsible for Raffle operations: Name: Kathy Wheeler Home Address Rt. 2, Box 192, 9*0 Vinton, Va. 24179 Phone 890-3299 Bus Phone same Member responsible for filing financial report required by the code if your organization ceases to exist: Name: Kathy Wheeler Home Address Rt. 2, Box 192, Vinton, Va. 24179 Phone 890-3299 Bus Phone same Does your organization understand that it will be required to furnish a complete list of its membership upon the request of the Commissioner of the Revenue? yes Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke? X IF ALL QUESTIONS HAVE BEEN ANSWERED, PROCEED TO NOTARIZATION. COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMAUSSIONER OF THE REVENUE ROANOKE, VA 24018 3 Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization (other than another qualified organization pursuant to § 18.2-340.13 of the Code of Virginia), partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Raffles ? yes DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES: Article Description Fair Market Value 7 night stay at Myrtle Beach $850.00-$900.00 accommadations for 4 Carribean Resort DATE OF RAFFLE Drawing - November 81 1994 Raffle ttcketr, to be sald starting October 109 1994 If this application is for an ANNUAL RAFFLE PERMIT, list below all dates raffles will be held. Specificlocation where Raffle drawing is to be conducted? William Byrd High School NOTE: This permit shall be valid only for the above location. Any organization holding a -permit to conduct bingo games or raffles shall use twelve and one-half percent (12.5`k) of its gross receipts from all bingo games or raffles for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized. (County Code §4-101) State specifically how the proceeds from Raffle(s) will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. Raffle will be sold by candidates and members of the Junior Miss Organization. All proceeds will go into the Scholarship fund for the 1995 Junior Miss Locals - Roanoke City, Roanoke County, Salem, Vinton, and Bedford County. The entire scholarship fund will be divided evenly to the candidates of these locals ( each local will be given the same aibount of scholarship money - projected disbursement is $750.00 with the winner receiving $500 and each division winner receiving $50. If more money is disbursed, then the division winners will receive more money.) COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COIVEMSSIONER OF THE REVENUE ROANOKE, VA 24018 2 us"M A IM THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS: I hereby swear or affirm under the penalties of perjury as set L_ forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. I further swear that I have read and understand the attached copies of Sec. 18.2-340.1 et. sec. of the Code of Virginia and Section 4-86 et. sea. of the Roanoke County Code. Si ned by: ' Z d. Na Title Home Address Subscribed and sworn before me, this 21 day ofS,:,t,1994-_ in the County/City of Bedford , Virginia. J`\ My commission expires: Notary Public NOT VALID UNLESS COUNTERSIGNED F- 3/ 192�0 The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. Date Commis ioner�if the Revenue The above application is n-ot approved. Date Commissioner of the Revenue M COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMMISSIONER OF THE REVENUE ROANOKE, VA 24018 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 RESOLUTION 92794-9 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens A COPY TESTE• Brenda J. Ho ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Executive Session File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 271 1994 ORDINANCE 92794-10 AMENDING AND REENACTING SECTIONS 22- 82, et se . , "RATES AND FEES", et seg., OF CHAPTER 22 "WATER", ARTICLE II. "WATER SYSTEMS", DIVISION 2. "COUNTY WATER SYSTEM", OF THE ROANOKE COUNTY CODE TO PROVIDE FOR CHANGES IN THE UTILITY BILLING FEES, CHARGES, DEPOSITS, AND PROCEDURES FOR WATER AND SEWER SERVICE IN THE COUNTY OF ROANOKE. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has determined that certain changes in the utility billing fees, charges, deposits, and procedures for water and sewer service in the County of Roanoke are necessary in order to accurately reflect the cost of providing the services, particularly for disconnection and reconnection fees; to require security deposits from seriously delinquent customers in amounts that are equitable to all customers and adequately protect the County's interest; and to clarify and specify procedures for utility service billing and collection of unpaid bills; and, WHEREAS, the provisions of this ordinance are adopted pursuant to the authority found in §§ 32.1-167, et sea., and Chapter 9, Title 15.1 of the Code of Virginia (1950, as amended). WHEREAS, legal notice of these amendments has been published in a newspaper of general circulation within Roanoke County on September 13, 1994, and September 20, 1994; and, WHEREAS, the first reading of this ordinance was held on September 13, 1994, and the second reading and public hearing on this ordinance was held on September 27, 1994. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia: 1. That Division 2. County Water System of Article II. Water Systems, Chapter 22 WATER, of the Roanoke County Code is hereby amended and reenacted as follows: a. Re -check reading of meter . . . . $10.00 (No charge if original reading was in error) b. Investigation/verification of leakage in customer's line . . . . $20.00 C. Meter accuracy test . . . . $25.00 (No charge if meter fails accuracy test) e . Reset meter if pulled due to non-payment . . . . $25.00 €q. Special request to discontinue or turn -on service for other than non-payment . . . . $10.00 g-r—'Fewram=-estruetien mete . . $!99.04 water and se ifeL ............................................................................... 2 as security -er sewer c2) xr»::::::::::.::::::::::::.::::::::::: .:......................................... . If any utility customer at any time c``t failed to keep his account current, resulting'"Iri`"c�rMash discontinuance of service, that customer`s%a1""payan additional deposit aeeerdincite the sam=e— fe= 3 ..:..:`o (4) The deposits discontinuance and (Code 1971, § 20.1-27; Ord. No. 84-108, § 1, 6-26-84; Ord. No. 62486-147, §§ 1, 2, 6-24-86; Ord. No. 81286-169, § 1, 8-12-86; Ord. No. 121686-259, § 1, 12-16-86; Ord. No. 101387-5, 10-13-87; Ord. No. 62591-7, § 1, 6-25-91; Ord. No. 52593-9, § 1, 5-25-93) Cross reference(s)--Schedule of charges for wastewater disposal, § 18-168; adjust to utility charges for filling of swimming pool, § 18-168(d). Sec. 22-83. Inspection and reading of meters; bills; refunds. The director shall cause inspected and read at least once to be fiA,'}4't;:::•,.'S'w.LLQ:;;i�JS;i,.rw;G;:;:Ci:7F:GY.i.:;:yj1t4S:J3:i:;'i�Y:F::y;:yi:;vtl:s2i'�W1ft3L�Ci:7yit.Q;:yi'i;:•,:•,:;fiJ,.ii�,'a?, i1iG MiiGVYVi sali'ave'te `authority"` to estimate'"usage `if"`"fie"`cI"et. ermines that a meter reading cannot be obtained. '` L ` ' r Water bills shall be paid at the utility `tiiti 'oice or atsuch other places designated by the director•: ••••7�1I" deposits or advance payments for water, refunds to depositors of advance payments, or other refunds on account of errors shall be made at the utilitxoffice. •:::f �•::>��h•::�;:;::;:.:;••.:::<.;::;:,.:;.r.:;:.::••.:;:;:.:.;,.... tom, :: •.. fxy Bills shall be due and payable (Code 1971, § 20.1-28) Sec. 22-84. Calculation of charges --Generally. All water passing through a meter shall be charged for, whether or not used; provided, where leaks occur in water pipes or metered services, and the owner, agent or tenant shall have promptly made all necessary repairs, the director may rebate the amount in excess of double the amount of the average monthly bill for the premises. Such average monthly bills shall be determined by averaging monthly bills for the preceding six (6) months. (Code 1971, § 20.1-29) Sec. 22-85. Same --When meter fails. 5 L In the event a water meter fails to register properly for any cause, and the consumer has received the usual or necessary supply of water during the time of such failure of the meter to register, the consumer shall be billed for such amount as is shown to be the average monthly amount of water consumed on his premises for the preceding six (6) months or a longer period, as determined by the director. (Code 1971, § 20.1-30) Sec. 22-86.x. Unpaid bills. EM — (Code 1971, § 20.1-31) 0 s Sec. 22-87. When water may be turned off. The water shall be turned off when necessary for the protection of the water system or when a recognized cross connection is discovered and corrective action is not taken in accordance with the director's instructions. (Code 1971, § 20.1-32) Sec. 22-88. Connector's responsibility when moving from premises. (Code 1971, § 20.1-33) 2. That the provisions of this Ordinance shall be effective on and from October 1, 1994. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: '6" . 16�� Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Circuit Court G. O. Clemens, Judge, Kenneth E. Trabue, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court 7 Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance Paul E. Grice, Assistant Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Gary Robertson, Director, Utility Michael Lazzuri, Court Services Don C. Myers, Assistant County Administrator Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 ORDINANCE 92794-11 AMENDING AND REENACTING ORDINANCE 81490-6 AUTHORIZING CERTAIN INCREASES IN FEES FOR SERVICES FOR PARKS AND RECREATION ACTIVITIES WHEREAS, on August 14, 1990, the Board of Supervisors adopted Ordinance 81490-6 imposing certain fees for parks and recreation activities; and WHEREAS, in July 13, 1993, the Parks and Recreation Advisory Commission and the Board of Supervisors met in a work session to discuss inequities and inconsistencies in this ordinance and to discuss recommendations to improve the fee structure, including the recovery of a greater portion of indirect costs, particularly in the area of adult athletics; and WHEREAS, on April 12, 1994, both the Commission and the Board concurred in certain staff recommendations to establish a new fee policy and directed staff to prepare the appropriate ordinance amendment; and WHEREAS, the first reading on this ordinance was held on September 13, 1994, and the second reading and public hearing on this ordinance was held on September 27, 1994. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Director of the Roanoke County Department of Parks and Recreation is hereby authorized to establish fees for parks and recreation services, programs, and activities, subject to 1 the approval of the County Administrator, and subject to the following standards: a) Definitions: Indirect costs include the general fund appropriation for X each of the cost centers associated with the . recreation area based on the previous fiscal year budgetkrr___ ____ alleeatien ef the eentral administrative eests fer the Departme ef Parles and Reereatien, and in the ease ef athleties, the share the balifield maintenanee, whieh -'- --.-ded by the Parks Divislen ef the Department-. Direct costs relate to the specific costs of instructors, I b) Standards: The standards, which were approved by the Parks and Recreation Advisory Commission, are as follows: ............... .... ...... ......... .. the . ................ ............. . .... .................... . K arts,leisure Per aetivities ineluded under eem -nity i -1 edue _}----_ the fee shall the indireet 199% the direct in the eest, pregrams- ef€eredby plus these ef -divisi e—s eest.. €er youth any ef under 3:8 - 8years—efage, years ef age, there shall be ne p-marily $5 per pa tie-ipant—fee- :; .» •;;:;;:.;::........................................................................................................:.............................................................:: .::.......................................................... .................................................................................................................................................. . .............................. youth athletic t':.'; Rin lieu eta $5 registratien :E[s :.: ' .> i: �— That the Director shall develop guidelines for the On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix NAYS: Supervisor Eddy ABSENT: Supervisor Nickens A COPY TESTE: 8V'a"& Q xqe-� Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Pete Haislip, Director, Parks & Recreation Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 27, 1994 ORDINANCE 92794-12 TO CHANGE THE ZONING CLASSIFICATION OF A .409 ACRE TRACT OF REAL ESTATE LOCATED AT 5449 FRANKLIN ROAD (TAB MAP NO. 98.02-2-9) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AV, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C2 UPON THE APPLICATION OF KINGERY BROS. ASSOCIATES WHEREAS, the first reading of this ordinance was held on August 23, 1994, and the second reading and public hearing were held September 27, 1994; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 6, 1994; 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 .409 acre, as described herein, and located at 5449 Franklin Road, (Tax Map Number 98.02-2-9) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AV, Conditional, Village Center District, to the zoning classification of C2, General Commercial District. 2. That this action is taken upon the application of Kingery Bros. Associates. 3. That said real estate is more fully described as follows: BEGINNING at an iron pin in the west line of Route 220 at the northeast corner of the property of John M. Davis; thence with the west line of Route 220 and a curve to the left whose arc distance is 88.01 feet and radius is 1,352.39 feet and chord bearing is N. 41 deg. 20' 41" W. 87.99 feet to an iron pin, the true point of beginning; thence leaving Route 220 and with the division line between Tracts "A" and "B" S. 44 deg. 16' 49" W. 161.89 feet crossing a branch to a point in the east line of the property of Inez Simmons; thence with the said line N. 25 deg. 23' W. 136.27 feet to a point at the division line between Tracts "B" and "C"; thence with said line N. 44 deg. 16' 49" E. 115.83 feet to an iron pin in the west line of Route 220; thence with said line S. 45 deg. 43' 11" E. 68.53 feet to a point of a curve to the right whose arc distance is 59.26 feet and radius is 1,352.39 feet and chord bearing is S. 44 deg. 27' 52" E. 59.25 feet to the true point of beginning and containing .409 acre and known as Tract "B" as shown on a survey of the division of property of Donald F. Taylor, by Jack G. Bess, C.L.S., dated June 21, 1985, a copy of which is attached. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix NAYS: Supervisor Eddy ABSENT: Supervisor Nickens A COPY TESTE: Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney $ ALIC�I�IN r... 19Q41 ro► 6T9� /// l/�•ael m-- PC I d' Ac ny �� �6 wr 74 5 V. as c b � n � r Nsystac > I•ao t� O . •oo M;n. EST HTS. •�.. �ROANOKE , VICINITY MAP NORTH 0 ` ¢ i, 0 y+Aot •` !\ 17 s.:�f w . by L:9As 705Ac 19.1 79 L2 � s.ts s430Av sao _-� vo 24 25 .ssys>!s 0 2 92 C DI Lac toOAe'°• . ae Ac 1 4 \ 4 •• r 6.53 Ac 2 \� J��r 3 LSOAc101 !A= : 22 • ••• • 28 Lt2AcC `r`• 9A= 34 _` 91 •Sft4 AL29Ac a ,.•• \vr3. •:4 '� \ g5 �. 79A~2 Py444 � � solo 01.02 Ac 01 � /. cl 41r.. t \ i. zr • 3T, w 40 t yelt • 6Mr* �afo 12 03459: 42.• 13 �• /� as�r L29Ae °�"•q3••'• i� • �i i •' • 48 sc►7 ` "9� 44 12.34Ae 14 L74 Ac 47 �e ��.It SA9A � 1.74Ac i 9000 ' 996. v d••s 45 49 31 \Yb ' j • + 2 38Ae �'°` 240As s.s •106' \ ✓\� � �yo9 2 � �ylo� I.Soae / 3 qu I.OSAs AFN •�� 12 sy 4 Is f •�!,�; ` ss°s31 1. AC as 10 Shy 9sy1 IAO/ie 5 off j '•. 42.64Ac t ssts 8 • • ;'`•� N 52 ••.., as O f s ?••Mr O 69� N 9 sMb 6 t 0531 �� ass i % 15 ""' a 96� ' �~ s - b9.3 . 3699 Ar 01 16 4579Ac(q \ 54 r ="'• eso 71 ' S .r 692 I 67 y 55 $566 4IN 1 ' iSTr63 .11 DEPARTMENT OF PLANNING �,ETlr'io.�.• k/A/4jFkj/ NFOS. ASSOCIATES AND ZONING -M,e MAP :• � 98.0,?- .?- 9 • if1F2?UES7-: nZWE- F oM AVc fa CZ oR AV n AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY# VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 27, 1994 ORDINANCE 92794-13 TO CHANGE THE ZONING CLASSIFICATION OF A 10 ACRE TRACT OF REAL ESTATE LOCATED AT THE INTERSECTION OF AIRPORT ROAD AND DENT ROAD (PART OF TAB MAP NO. 27.17-4-13) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R3, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C1 UPON THE APPLICATION OF FRIENDSHIP MANOR APARTMENT VILLAGE CORPORATION WHEREAS, the first reading of this ordinance was held on August 23, 1994, and the second reading and public hearing were held September 27, 1994; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 6, 1994; 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 ten (10) acres, as described herein, and located at the intersection of Airport Road and Dent Road, (Part of Tax Map Number 27.17-4-13) in the Hollins Magisterial District, is hereby changed from the zoning classification of R3, Conditional, Medium Density Multi -Family Residential District, to the zoning classification of C1, Office District. 2. That this action is taken upon the application of Friendship Manor. 3. That said real estate is more fully described as follows: From a highway monument on Airport Road located as position #19 on a plat prepared by Lumsden Associates for Friendship Manor Apartment Village Corporation, 97.51 acres dated 27 February 1979, and being the point of beginning thence N. 15 deg. 00' 40" W. 180.63 feet; thence N. 14 deg. 57' 20" W. 57.98 feet; thence N. 56 deg. 51' 00" E. approximately 975 feet to a drainage Swale; thence southerly following the line of said drainage swale approximately 800 feet to Dent Road and intersection with position #14 on the above - referenced plat; thence N. 45 deg. 08' 00" W. 232.70 feet; thence following curve "A" and "B" to position #16; thence S. 69 deg. 57' 35" W. 149.84 feet; thence N. 73 deg. 52' 30" W. 90.48 feet; thence N. 27 deg. 24' 00" W. 64.78 feet to position #19, the point of beginning, and containing, subject to survey, approximately 10 acres. 4. That the owner has voluntarily proffered in writing the following condition which the Board of Supervisors hereby accepts: i:: .?::{: {?:v::; ;: •v: •: v: •. i?x:4?}v+.i �i.:v: }: p• •.ih: ..::::0:4i: '.i:• .: .. :. .: •:: n:. :::: ••im:::i::inii:•:y:: •i::•::::: •}}}.;..: ...: ...i::: •:: •:?:yi.. •:' :.. :. ��.yy��..yy(� •: <?:::Nis':':'"''''y%> �i'::;rr,:•;+:r..:i g:ka::?•{: kk:Li::,`'t};I,.::::.:�Y„�.�,.�,►,.7;7:;::�Wi�GZ:1:;: 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance with proffered condition (1) added, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: (J Brenda J. H61ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney �. ------------ "°canoe__. r �e std�g p+•!`O"...•� +��'` r�, `# ;J,•�,, ,rtctns �••- \ I 'b,�l.)YQQDlAN05 �_ � � . ytr �.� t - � ttr ��45� trw.va^..•...,.y� r SUNNY! y ' ♦ s��ti1t°+a? I O "' .* ���p�1, at4999, 7775 .• '� Z I �Ew ' j �% o t.��tf`. •tw � � dPiS y� IL o V e.. ..vim �• / _, -con) VICINITY MAP ♦ 0�0 ,, 000" 5-� f NnRTH DEPARTMENT OF PLANNII'G Iter '/ONo-?: Fclsvn j1p MsWv,e .4,pr v1z.LAax- AND ZONING 7AX MA P: # Z7.17.#-19 CP/o ) 0 er-Ove: OEZ041F FeoM fc Cl AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 ORDINANCE 92794-14 GRANTING A SPECIAL USE PERMIT TO APPALACHIAN POWER COMPANY TO CONSTRUCT AND OPERATE AN ELECTRIC SUBSTATION LOCATED ON KIRK LANE OFF COTTON HILL ROAD (TAX MAP NOS. 96.01-3-2 AND 2.1) CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Appalachian Power Company has filed a petition to construct and operate an electric substation (utility services, major) located on Kirk Lane off Cotton Hill Road (Tax Map Nos. 96.01-3-2 and 2.1) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 6, 1994; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 23, 1994; the second reading and public hearing on this matter was held on September 27, 1994. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to construct and operate an electric substation (utility services, major) located on Kirk Lane off Cotton Hill Road (Tax Map Nos. 96.01-3-2 and 2.1) in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to Appalachian Power Company to construct said electric substation on 01 Kirk Lane off Cotton Hill Road in the Cave Spring Magisterial District subject to the following conditions: (a) The disturbed area will be stabilized with grass and natural vegetation --not riprap. (b) The existing trees on the site will be retained as much as possible. (c) The substation will be designed sensitive to the environment. 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Minnix to adopt the ordinance with Conditions (b) and (c) as suggested by Supervisor Eddy, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: &44_ZL (Q 9&hlrn" Brenda J. Hd1ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 01 LEPARTHERr OF PLANK Special Use Permit Request: AND ZON= - Appalachian Power Compare - 'TX Xap -# 96.01=3-2, 2.1 Y ' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 ORDINANCE 92794-15 GRANTING A SPECIAL USE PERMIT TO NORTH VALLEY SEVENTH -DAY ADVENTIST CHURCH TO CONSTRUCT A BUILDING FOR RELIGIOUS ASSEMBLY INCLUDING CLASSROOMS, OFFICE, AND RECREATIONAL FACILITIES LOCATED ON NORTHRIDGE LANE APPROXIMATELY 700 FEET NORTHWEST OF PETERS CREEK ROAD (TAX PARCEL 37.14-1-1) CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Trustees of the North Valley Seventh -day Adventist Church have filed a petition to allow the construction of a building for religious assembly including classrooms, office, and recreational facilities to be located on Northridge Lane approximately 700 feet northwest of Peters Creek Road in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 6, 1994; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 23, 1994; the second reading and public hearing on this matter was held on September 27, 1994. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the construction of a building for religious assembly to be located on Northridge Lane approximately 700 feet northwest of Peters Creek Road in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan 1 pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to the Trustees of the North Valley Seventh -day Adventist Church to allow the construction of a building for religious assembly to be located on Northridge Lane approximately 700 feet northwest of Peters Creek Road in the Catawba Magisterial District, subject to the following conditions: a) Vehicular access to the site will be located on Northridge Lane. No vehicular access to the site will be located off of Craun Lane for church activities and other activities held at the church. This would allow a parsonage only to access Craun Lane. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: 84" Q ki� Brenda J. Hol on, eputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney K, r o / nvn twat \- u• ' — �6 16 to ES 9 NNN q -7.<, Art -A MO / v'`£X/ 2% ESrN, p NCa H U �e� 'COUNTI' 0.�' PO k 4% '� CUii17lONAL i ib 1 °A �' %HRIfTY ooc 1 F rn ��� P our�cstx 1Ni':.+ -I 16 e 9 % 23 L30Ae GO e � 4 13 ` t,• 30 X11 4 A J a 31 0A 4 4 � 32 J�> 29 i Cdr �j3 i 33 o i li 311 p' �0! V • • "� )MAS 'Its $ ,► 31 •s!/ ' 4 = 13 i 37 19 ass 24 °d • .'.9 Ml.n 4.33 AC .4940 23 •!t! I6 i2 1`tao. OSt • A40 ad S AlA2a2 1 di. IT PaulEpn0pedca/ .� • 21 LwAM•l. chama 41�£• fyf •'A!1• Alla r y�.""IF. W.I. .. O fll . Af0! �� � 20 o •: <pf AaA� r i8 10 + 42 i • i.. 4. Ig - . Awa 4935 • '• t �A •at Of. 43 •.••� �A! A � • / w.w • w WOO Ra = 4746 •!•a •f3Z Ao 43 �� • 10 44 '+ S `Lhl '%, s � Pro 3213.4.1 a 0 1•• 100' • co 0 • 49 Ito NORTH 2z Atimr ea°r1a/ claacA I f.I Ae 2 it LooaeIol asBAa{ta AaA0 3 L&A4 s A;30 I 6 P/O 3 1� Y�Ma, ' DEPARTXEW OF-PLANNIh'G Special Use Permit Request: AND ZONING North Valley Seventh -day Adventist Church Tx Map # 37.14-1-1 • J� GO ' DEPARTXEW OF-PLANNIh'G Special Use Permit Request: AND ZONING North Valley Seventh -day Adventist Church Tx Map # 37.14-1-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 ORDINANCE 92794-16 GRANTING A SPECIAL USE PERMIT TO TACOMA, INC. TO ALLOW THE CONSTRUC- TION OF A FAST FOOD RESTAURANT LOCATED AT THE INTERSECTION OF BRAMBLETON AVENUE AND WESTMOR- ELAND DRIVE (TAX PARCELS 77.13-4-14, 15, 16, 17), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Tacoma, Inc. has filed a petition to allow the construction of a fast food restaurant located at the intersection of Brambleton Avenue and Westmoreland Drive in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 6, 1994; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 26, 1994; the second reading and public hearing on this matter was held on September 27, 1994. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the construction of a fast food restaurant located at the intersection of Brambleton Avenue and Westmoreland Drive in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to Tacoma, Inc. to allow the construction of a fast food restaurant located at the intersection of Brambleton Avenue and Westmoreland 1 Drive in the Cave Spring Magisterial District, with the following conditions: 1) Access to the property shall be limited to single point of ingress and egress from Westmoreland Drive of a width no greater than 30 feet. Direct access from Brambleton Avenue shall be prohibited. 2) Approval of the special use permit shall be condi- tioned upon the acquisition of the additional property from VDOT shown on the concept plan submitted and dated 7/19/94. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens ABSTAIN: Supervisor Johnson A COPY TESTE: &Y±7� �)6� Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 �t/�• n% \:S'`a�,.aT ~1CAEST L / ttl ; •j [ •\?/- -` s:, ARti[Av i o• *osr4wo [�cH s d ry"f.(a.d••419 '6!7 der .`�y.��t�� r`���'fi,i:,�• -tw u,t ^'.w c._ 2 rt;• 'Ll., r\ ♦ Yi'♦ ! (�/2.p() ►E9a.T y =r=, ; �/2Ft, tl?� • y�"r• \-• +'SSR ' R `�0 Trrr'Lp\ HQ lOr°rir ui� vi�[e� �`�� : � J•/ ` C'•r''='ta ��s' ''QLcF/�. r /�• `1atV[i�+/ [•'.? .. . �+�,,,,,..-0_,.�r�A,a 4 �'e�i `i._ r,•-� Mi:°4T4LHq•� $� �''b ..: .: '': . as (- �Y �a '•.CS' r ', x191 ' \ -^ •r0/ }• ..y �:. iw n� �. yy 47, ty.u:-V�•i�• "''. `• 0 1i a�%S s1.~ L\:09 ['• •. ,\. C,t4fLEROCIt fM4• fiA. < ,�•�/ Y ��•�"S`� u�(�a.\v %' :� ��,i \�a �; a�•vy i .:- •-cavi Y ;$° r,•,�yµ�cron.� • t �~.rc � rte. i �•\a �(� Y ! t'be.,�l ?10TTI.. M c h, 'eoyi INCCIi+e�Pi ? ♦ �`° 1./ 4 �G. •�.�ay7E kf►X_aCf�icY'' /•'•. Hi.TS. Cm I"-- MtNCq` s,�a, ,/• fi�� 4.�q, "0.: cr` ars [C �� 1`b,,�%�ii r. l� O�'.G'✓� �� � �4r d�� \+ ' � \ •, / �to�n4'��/��/ r` ,/ t�•wTOf V�.L r� W`' I t���a ^ V�VON MILL HIj� �SZ� VICINITY MAP d,9� .l,/ H� „i, 3109 (Tl -01 (61-771 6 6.91 Ac S. eek (13 X101 3301 w S 00 1 I6.SZAc 1 " O ' 4" r, qT 1O° J,�• r so 58 ST 36 a 31 s!n + ,e r MILLS / r 7 ` 4, .�61 rI Is 50 ~ 1+� 18 4;+, ay7 62 . r!/ a`t sr A. a' y ! als 19,a � p o ArI ap� 5 a q ` ar 64 t �— 77s 40jb �� ,,, , 23 • ha / ��� , 372! ' . � � � ' � • 4*w t � •r[4 7704[ as 29 ; 4� 3343 401 023 / 3914g ` b J ' ♦ ; 0! 30 34 28 41 s '' 3' 40 , • d 3100 v -. ail! 36WR f , , 21 say +, / • t 26 -34W 34fer J�36 / 25 3407 / 3! I 24 4o39 SS , .23 7a// i ` 7 3 40 / Ac 90) 22 3 1 AC(C) rr , 21 3_/ O ` 7f9• 20/ Aj LZ;Ac(038 h/ rs 4047 LIS At K) asMt s, _ ♦' DEPARTMENT OF PLANNmr. Petitioner. Tacoma, Inc. 1 • AND ZONING Tax Map #: 77.13-4-14, -15, -16, -17 Request Special Use Permit for Fast Food Restaurant ` 3743 / \ J!r•T S2 / x"pz" • I . •c �e• P � an• 6 S J, SI oRCBS 4'11-'p RCI Idwrt!/rinr! Ceutry C. 2.40Ae (0 O 3. ?SAG lC 8 a �� 7 = 332 = "tRA T V ' / \ eeA • ; _ t 12 „ T` • � 8 Ston 3rA1 1y (ssi H 4; �t u lsal9 � / 1 s rn !!?sd4 p/ 11 - 5 izz/ 7 3 1 2 9 ` I / I6.SZAc 1 " O ' 4" r, qT 1O° J,�• r so 58 ST 36 a 31 s!n + ,e r MILLS / r 7 ` 4, .�61 rI Is 50 ~ 1+� 18 4;+, ay7 62 . r!/ a`t sr A. a' y ! als 19,a � p o ArI ap� 5 a q ` ar 64 t �— 77s 40jb �� ,,, , 23 • ha / ��� , 372! ' . � � � ' � • 4*w t � •r[4 7704[ as 29 ; 4� 3343 401 023 / 3914g ` b J ' ♦ ; 0! 30 34 28 41 s '' 3' 40 , • d 3100 v -. ail! 36WR f , , 21 say +, / • t 26 -34W 34fer J�36 / 25 3407 / 3! I 24 4o39 SS , .23 7a// i ` 7 3 40 / Ac 90) 22 3 1 AC(C) rr , 21 3_/ O ` 7f9• 20/ Aj LZ;Ac(038 h/ rs 4047 LIS At K) asMt s, _ ♦' DEPARTMENT OF PLANNmr. Petitioner. Tacoma, Inc. 1 • AND ZONING Tax Map #: 77.13-4-14, -15, -16, -17 Request Special Use Permit for Fast Food Restaurant AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 ORDINANCE 92794-17 AMENDING THE TEXT OF THE ROANOKE COUNTY ZONING ORDINANCE TO INCLUDE A PLANNED COMMERCIAL DEVELOPMENT DISTRICT AND A PLANNED INDUSTRIAL DEVELOPMENT DISTRICT WHEREAS, the first reading of this ordinance was held on August 23, 1994; the second reading and public hearing was held on September 27, 1994. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following amendments be made to the Zoning Ordinance of Roanoke County. ARTICLE III DISTRICT REGULATIONS SEC. 30-57 PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICT Sec. 30-57-1 Purpose (A) The intent of the Planned Commercial Development (PCD) district is to promote the efficient use of commercial land by allowing a range of land uses and densities and the flexible application of development controls. This may be accomplished while also protecting surrounding property, the natural features and scenic beauty of the land. E! The Planned Commercial Development district is provided in recognition that many commercial, office and residential establishments seek to develop within unified areas, usually under single ownership or control. Because these concentrations of retail, service and office establishments are generally stable and offer unified internal arrangement and development, potentially detrimental design effects can be recognized and addressed during the review of the development. For these reasons, the provisions for the PCD allow greater development latitude. Districts should be proposed and planned for areas that provide for adequate development and expansion space, controlled access points, landscaped parking areas and public utilities. Development of the PCD will take place in general accordance with an approved Master Plan, which may allow for clustering of uses and densities in various areas of the site. Planned Commercial Development districts should be a visual asset to the community. Buildings within the district are to be architecturally similar in style and the relationship among individual establishments should be harmonious. The site should be well landscaped and parking and loading areas are to be screened. Sec. 30-57-2 Permitted Uses 2 (A) All of the residential, civic, office and commercial use types listed in Article II of this ordinance are permitted in the PCD. Residential use types shall be limited to no more than 30% of the gross square footage of the other use types in the PCD. No use shall be permitted except in conformity with the uses specifically included in the final Master Plan approved pursuant to Section 30-57-6. Other permitted uses are listed below: 1. Industrial Uses Custom Manufacturing Recycling Centers and Stations Warehouse & Distribution 2. Miscellaneous Uses Broadcasting Tower Parking Facility Section 30-57-3 Site Development Regulations (A) Each Planned Commercial Development shall be subject to the following site development standards. 1. Minimum district size: 5 acres of contiguous land. 2. Minimum front setbacks: All structures proposed to front 3 on existing public streets external to the PCD shall be located a minimum of 30 feet from the existing public right-of-way. 3. Lots in the PCD district shall comply with the buffer yard requirements of Section 30-92-4 of this ordinance. 4. Lot coverage: a. More than one principal structure may be placed on a lot. b. Maximum lot coverage shall be determined through the preliminary development plan process but in no case shall exceed 75% 5. Public streets in the PCD district shall be built in accordance with VDOT and Roanoke County standards. In reviewing the PCD preliminary master plan, the Commission may recommend, and the Board may approve, one or more private streets within the proposed district. Private street standards, specifications and a proposed maintenance agreement shall be submitted with the preliminary Master Plan. 6. The applicant may propose a reduction to the number of 4 parking spaces required by this ordinance for each use type, if justified. This proposal will be reviewed with consideration given to potential future uses of the site, parking demand and expansion potential. 7. Maximum height of structures: When adjoining property zoned Residential, 45 feet, including rooftop mechanical equipment. The maximum height may be increased provided each required yard (side, rear, or buffer) adjoining a Residential district is increased two feet for each foot in height over 45 feet. This distance shall be measured from the portion of the structure which exceeds 45 feet. In all other locations the height is unlimited. 8. Utilities shall be placed underground. 9. Arrangement of areas: a. The location and arrangement of structures, parking, access drives, outdoor lighting, signs and other uses and developments within the PCD, in addition to achieving these development standards, shall be accomplished in accordance with an approved final Master Plan to assure compatibility with the existing and future land use in the vicinity. 0 b. Areas designed for future expansion or not intended for immediate improvement or development shall be specified as reserve areas on the preliminary development plan. The future use and the limitations on future use of such area shall be specified, or else such areas shall not be included as part of the PCD application. Reserve areas included in the PCD shall be landscaped or otherwise maintained in a neat and orderly manner. Section 30-57-4 Site Development Recommendations (A) The Planned Commercial Development district should be designed and developed to be a visual asset to the community of Roanoke County. Since the relationship of the development to the community and the prospects for economic success of the project have much to do with the physical character of the development, these factors shall be considered in reviewing a Planned Commercial District application. For this reason the following site development recommendations are made. (1) The principal entrance into the PCD district should be sufficiently landscaped to comply with the purposes of this district. In addition, the first one -hundred linear feet of street, leading through this principal entrance into the PCD, should have a landscaped median of 0 sufficient width and planting density to meet the purposes of this district. (2) Parking within the PCD should be located to the side or rear of the principal structures on the lot, wherever feasible. During review, consideration will be given to topographical constraints, innovative site design, buffering and landscaping factors. Section 30-57-5 Relationship to Existing Development Regulations (A) All zoning regulations shall apply to the development of the PCD district, unless modified by the Board of Supervisors in the approval of the final Master Plan. Section 30-57-6 Application Process (A) The timeframes outlined in this Section are the maximum timeframes mandated by the Code of Virginia. Roanoke County will make every reasonable effort to complete the application process within a shorter timeframe. (B) Prior to submitting a formal application for review and approval under these provisions, the applicant and county staff shall meet to discuss the requirements of this section. 7 The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting. (C) Any application to rezone land to the PCD designation, shall constitute an amendment to the zoning ordinance pursuant to Section 30-14. The written and graphic information submitted by the applicant as part of the application process shall constitute proffers pursuant to Section 30-15 of this ordinance. Once the Board of Supervisors has approved the final Master Plan, all accepted proffers shall constitute conditions pursuant to Section 30-15. (D) To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written information, which shall constitute a preliminary Master Plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include: 1. A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements. 8 2. Existing zoning, land use and ownership of each parcel proposed for the district. 3 . A general statement of planning objectives to be achieved by the PCD district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented, and objectives towards any specific human -made and natural characteristics located on the site. 4. A description and analysis of existing site conditions, including information on topography, historic resources, natural water courses, floodplains, unique natural features, tree cover areas, known archeological resources, etc. 5. The proposed conceptual location and number of structures within each land use of the proposed development. 6. The gross square footage for each use type proposed in the PCD. 7. The proposed size, location and use of other portions of the tract, including landscaping and parking. 8. A traffic circulation plan, including the location of access drives, parking and loading facilities, pedestrian walks and the relationship to existing and proposed external streets and traffic patterns. General information on the trip generation, ownership, maintenance and proposed construction standards for these facilities should be included. A Traffic Impact Analysis may be required by the Administrator. 9. If a reduction to the number of parking spaces is requested, a justification for this request shall be submitted. Based on adequate justification, the Commission may recommend, and the Board may approve such a reduction. 10. Reserved. 11. The proposed schedule of site development. At a minimum, the schedule should include an approximate commencement date for construction and a proposed build -out period. 12. Generalized statements pertaining to architectural design principles and guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, signage plans, landscaping, etc. 10 13. Signage in the proposed PCD shall be in accordance with this ordinance. (E) The completed rezoning application and supporting preliminary Master Plan materials shall be submitted to the Planning Commission for review and analysis. The Commission shall review this information and make a report of its findings to the Board of Supervisors. The Commission shall as part of its review hold a public hearing pursuant to Section 15.1-431 of the Code of Virginia, as amended. The proposed district shall be posted with signs indicating the date and time of the Commission public hearing. (F) The Commission shall make a report of its findings to the Board of Supervisors within 90 days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The Commission's report shall recommend approval, approval with modifications, or disapproval of the preliminary Master Plan. Failure of the Commission to make a report of its findings to the Board of Supervisors within this period shall constitute a Commission recommendation of approval. (G) If the Commission recommends denial of the preliminary Master Plan, or approval with modification, the applicant shall, if requested, have 60 days to make any modifications. If the 11 applicant desires to make any modifications to the preliminary Master Plan, the Board of Supervisor's review and action shall be delayed until such changes are made and submitted for review. (H) The Board of Supervisors shall review the preliminary Master ` act to approve e or Plan and � �>'d��:>:�" ":L�<:�:.:.......................... PP deny the plan within 90 days. Approval of the preliminary Master Plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to Section 30-15 of this ordinance. The Plan approved by the Board of Supervisors shall constitute the final Master Plan for the PCD. Once approved by the Board of Supervisors, the Administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PCD district. Section 30-57-7 Revisions to Final Master Plan (A) Major revisions to the final Master Plan shall be reviewed and approved following the procedures and requirements of Section 30-57-6. Major revisions include, but are not limited to changes such as: 1. Any significant increase in the density of the development; 12 2. Substantial change in circulation or access; 3. Substantial change in grading or utility provisions; 4. Substantial changes in the mixture of land uses; 5. Substantial change in architectural or site design features of the development; 6. Any other change that the Administrator finds is a major divergence from the approved final Master Plan. (B) All other changes in the final Master Plan shall be considered minor amendments. The Administrator, upon receipt of a written request of the owner, may approve such minor amendments. 1. If the Administrator fails to act on a request for a minor amendment to the Master Plan within 15 calendar days, it shall be considered approved. 2. A request which is disapproved by the Administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments. Section 30-57-8 Approval of Preliminary and Final Site 13 Development Plans (A) Following the approval of the final Master Plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PCD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled Land Development Procedures, available in the Roanoke County Department of Engineering and Inspections. (B) It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a PCD under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the Administrator. (C) Preliminary and final site development plans submitted for review shall be in compliance with the final Master Plan approved by the Board of Supervisors. Roanoke County shall review and approve or disapprove any final site development plan within 60 days of its submittal. 14 (D) No Planned Commercial Development district shall be approved and no work shall be authorized on construction until all property included in the final Master Plan is in common ownership. Section 30-57-9 Failure to Begin Development (A) Unless an extension is granted by the Administrator, failure of the applicant to submit a preliminary site development plan for at least one portion of the Planned Commercial Development district within 24 months of the approval of the final Master Plan, shall constitute an application on the part of applicant to rezone the PCD to the district designations in effect prior to the approval of the final master plan. Section 30-57-10 Control Following Approval of Final Development Plans (A) The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure compliance with the submitted development schedule. ARTICLE III DISTRICT REGULATIONS SEC. 30-63 PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICT 15 Sec. 30-63-1 Purpose (A) The Planned Industrial Development (PID) district is established primarily for light and medium industrial uses. Supporting accessory uses and facilities, such as office and commercial establishments, are also permitted. The PID district is intended to be designed with a park -like atmosphere that complements surrounding land uses by means of appropriate siting of buildings, controlled access points, attractive and harmonious architecture, and effective landscape buffering. The district is intended to provide flexibility in design and site lay out, allow latitude in combining different use types within a single development, and provide the developer with incentives to create an aesthetically pleasing and functional planned development. In addition, the intent of the Planned Industrial Development (PID) district is to provide certain industries that are clean and environmentally efficient the opportunity to locate in an area of like industries, in what is generally known as an industrial park, developed under a complete, comprehensive Master Plan. Standards are provided for landscaping, buffering and open space to encourage high technology industries and to ensure a park -like atmosphere. Important in determining the location and size of a PID are the accessibility of the location, the availability of public 16 utilities, public safety services and the suitability of the topography for industrial purposes. Sec. 30-63-2 Permitted Uses (A) All of the residential, civic, office, commercial, industrial and miscellaneous use types listed in Article II of this ordinance are permitted in the PID district. Residential use types shall be limited to no more than 15% of the total gross square footage. No use shall be permitted except in conformity with the uses specifically included in the Final Master Plan approved pursuant to Section 30-63-6. Sec. 30-63-3 Site Development Regulations (A) Each planned industrial development shall be subject to the following site development standards. 1. Minimum district size: 15 acres of contiguous land. 2. Minimum front setbacks: All structures proposed to front on existing public streets external to the PID shall be located a minimum of 30 feet from the existing public right-of-way. 3. Lots in the PID district shall comply with the buffer 17 yard requirements of Section 30-92-4 of this ordinance. 4. Lot coverage: Maximum lot coverage shall be determined through the preliminary master plan process but in no case shall exceed 75%. 5. Streets in the PID district shall be public in accordance with VDOT and Roanoke County standards. 6. The applicant may propose a reduction to the number of parking spaces required by this ordinance for each use type, if justified. This proposal will be reviewed with consideration given to potential future uses of the site, parking demand and expansion potential. 7. Maximum height of structures: When adjoining property zoned Residential, 45 feet, including rooftop mechanical equipment. The maximum height may be increased provided each required yard (side, rear, or buffer) adjoining a Residential district is increased two feet for each foot in height over 45 feet. This distance shall be measured from the portion of the structure which exceeds 45 feet. In all other locations the height is unlimited. 8. Arrangement of areas: 18 a. The location and arrangement of structures, parking, access drives, outdoor lighting, signs and other uses and developments within the PID, in addition to achieving these development standards, shall be accomplished in accordance with an approved final master plan to assure compatibility with the existing and future land use in the vicinity. b. All areas designed for future expansion or not intended for immediate improvement or development shall be specified as reserve areas in the preliminary master plan. The future use and the limitations on future use of such area shall be specified, or else such areas shall not be included as part of the PID application. Reserve areas included in the PID shall be landscaped or otherwise maintained in a neat and orderly manner. 9. Accessory structures shall not exceed forty percent of the gross floor area of the principal structure. 10. Every structure in the PID shall be a fully enclosed building of permanent construction. Any outside storage area shall be fully screened so that no materials so stored are visible at any lot line or public right -of - 19 way. 11. Lighting: Lighting shall comply with Section 30-94 of this ordinance. 12. Utilities: Utilities shall be underground unless the type of service necessary for normal activities of the industry or business shall prohibit underground installation. Sec. 30-63-4 Site Development Recommendations (A) The Planned Industrial Development district should be designed and developed as an industrial park with high standards for landscaping, buffering and open space. To ensure a park -like atmosphere the following site development recommendations are made. (1) The principal entrance into the PID district should be sufficiently landscaped to comply with the purposes of this district. In addition, the first one -hundred linear feet of street, leading through this principal entrance into the PID, should have a landscaped median of sufficient width and planting density to meet the purposes of this district. 20 (2) Parking within the PID should be located to the side or rear of the principal structures on the lot, wherever feasible. During review, consideration will be given to topographical constraints, innovative site design, buffering and landscaping factors. (3) Loading areas should be screened from public view and should not be placed in front yards. (4) Fences should not be placed in front yards except as necessary for security purposes. Fencing should be uniform and well kept. Sec. 30-63-5 Relationship to Existing Development Regulations (A) All zoning regulations shall apply to the development of the PID district, unless modified by the Board of Supervisors in the approval of the final master plan. Sec. 30-63-6 Application Process (A) The timeframes outlined in the Section are the maximum timeframes mandated by the Code of Virginia. Roanoke County will make every reasonable effort to complete the application process within a shorter timeframe. 01 (B) Prior to submitting a formal application for review and approval under these provisions, the applicant and county staff shall meet to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting. (C) Any application to rezone land to the PID designation, shall constitute an amendment to the zoning ordinance pursuant to Section 30-14. The written and graphic information submitted by the applicant as part of the application process shall constitute proffers pursuant to Section 30-15 of this ordinance. Once the Board of Supervisors has approved the final master plan, all accepted proffers shall constitute conditions pursuant to Section 30-15. (D) To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include: 22 1. A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements. 2. Existing zoning, land use and ownership of each parcel proposed for the district. 3. A general statement of planning objectives to be achieved by the PID district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented, and objectives towards any specific human -made and natural characteristics located on the site. 4. A description and analysis of existing site conditions, including information on topography, historic resources,natural water courses, floodplains, unique natural features, tree cover areas, known archeological resources, etc. 5. The proposed conceptual location and number of structures within each land use of the proposed development. 6. The gross square footage for each use type proposed in the PID. 23 7. The proposed size, location and use of other portions of the tract, including landscaping and parking. 8. A traffic circulation plan, including the location of access drives, parking and loading facilities, pedestrian walks and the relationship to existing and proposed external streets and traffic patterns. General information on trip generation, vehicle classification, ownership, maintenance and proposed construction standards for these facilities should be included. A Traffic Impact Analysis may be required by the Administrator. 9. Reserved 10. The proposed schedule of site development. At a minimum, the schedule should include an approximate commencement date for construction and a proposed build -out period. 11. Generalized statements pertaining to architectural design principles and guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, signage plans, landscaping, etc. (E) The completed rezoning application and supporting preliminary 24 Master Plan materials shall be submitted to the Planning Commission for review and analysis. The Commission shall review this information and make a report of its findings to the Board of Supervisors. The Commission shall as part of its review hold a public hearing pursuant to Section 15.1-431 of the Code of Virginia, as amended. The proposed district shall be posted with signs indicating the date and time of the Commission public hearing. (F) The Commission shall make a report of its findings to the Board of Supervisors within 90 days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The Commission's report shall recommend approval, approval with modifications, or disapproval of the preliminary master plan. Failure of the Commission to make a report of its findings to the Board of Supervisors within this period shall constitute a Commission recommendation of approval. (G) If the Commission recommends denial of the preliminary Master Plan, or approval with modification, the applicant shall, if requested, have 60 days to make any modifications. If the applicant desires to make any modifications to the preliminary Master Plan, the Board of Supervisor's review and action shall be delayed until such changes are made and submitted for review. 25 (H) The Board of Supervisors shall review the preliminary Master Plan, n and ► ; :f��� ... a ..�� .����z� act to approve or ........................ deny the plan within 90 days. Approval of the preliminary Master Plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to Section 30-15 of this ordinance. The Plan approved by the Board of Supervisors shall constitute the final Master Plan for the PID. Once approved by the Board of Supervisors, the Administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PID district. Sec. 30-63-7 Revisions to Final Master Plan (A) Major revisions to the final Master Plan shall be reviewed and approved following the procedures and requirements of Section 30-63-6. Major revisions include, but are not limited to changes such as: 1. 2. 3. 4. Any significant increase in the density of the development; Substantial change in circulation or access; Substantial change in grading or utility provisions; Substantial changes in the mixture of land uses; 26 5. Substantial change in architectural or site design features of the development; 6. Any other change that the Administrator finds is a major divergence from the approved final master plan. (B) All other changes in the final Master Plan shall be considered minor amendments. The Administrator, upon receipt of a written request of the owner, may approve such minor amendments. 1. If the Administrator fails to act on a request for a minor amendment to the Master Plan within 15 calendar days, it shall be considered approved. 2. A request which is disapproved by the Administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments. Sec. 30-63-8 Approval of Preliminary and Final Site Development Plans (A) Following the approval of the final Master Plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the 27 . PID that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled Land Development Procedures, available in the Department of Engineering and Inspections. (B) It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned industrial development under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the Administrator. (C) Preliminary and final site development plans submitted for review shall be in compliance with the final Master Plan approved by the Board of Supervisors. Roanoke County shall review and approve or disapprove any Final Site Development Plan within 60 days of its submittal. (D) No Planned Industrial Development shall be approved and no work shall be authorized on construction until all property included in the final Master Plan is in common ownership. Sec. 30-63-9 Failure to Begin Development 28 (A) Unless an extension is granted by the Administrator, failure of the applicant to submit a preliminary site development plan for at least one portion of the planned residential development within 24 months of the approval of the final Master Plan, shall constitute an application on the part of applicant to rezone the PID to the district designations in effect prior to the approval of the final Master Plan. Sec. 30-63-10 Control Following Approval of Final Development Plans (A) The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure that the development is in general compliance with the submitted schedule. 2. This ordinance shall be in full force and effect from and after January 1, 1995. On motion of Supervisor Eddy to adopt the ordinance, and add "after holding a public hearing" to Section 30-57-6 (H) and Section 30-63-6 (H), and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: - 112 Q. k��a� Brenda J. A61ton, Deputy Clerk Roanoke County Board of Supervisors 29 cc: File Terrance L. Harrington, Director, Planning & Zoning Circuit Court G. O. Clemens, Judge, Kenneth E. Trabue, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry John H. Cease, Police Chief Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Gary Robertson, Director, Utility Michael Lazzuri, Court Services Don C. Myers, Assistant County Administrator Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Thomas C. Fuqua, Chief, Fire & Rescue Thomas S. Haislip, Director, Parks & Recreation Elaine Carver, Director, Procurement John W. Birckhead, Director, Real Estate Assessment Main Library Roanoke Law Library, 315 Church Avenue, SW, Rke 20416 Roanoke County Code Book r! AT A REGULAR MEETING OF THE BOARD OF. SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1994 ORDINANCE 92794-18 VACATING THE FOLLOWING PORTIONS OF PUBLIC UTILITY EASEMENTS LOCATED ON CERTAIN LOTS IN SECTION 5 OF WATERFORD (PB 161 PAGE 21) WHEREAS, Strauss Construction Company has requested the Board of Supervisors of Roanoke County, Virginia to vacate the following portions of public utility easements located on certain lots in Section 5 of Waterford in the Hollins Magisterial District as shown in Plat Book 16, at page 21 of record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on September 13, 1994; and the second reading of this ordinance was held on September 27, 1994. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that portions of the following public utility easements located in Section 5, Waterford in the Hollins Magisterial District of record in Plat Book 16, at page 21, in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby are, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended: (1) 150 -square feet of a public utility easement located on Lot 1 (Tax Map No. 1 26.16-12-1) and shown on a plat prepared by Lumsden Associates, P.C., dated 17 August 1994, and (2) 329 -square feet of a public utility easement located on Lots 19 and 20 (Tax Map Nos. 26.16-12-20 and 26.16-12-21) and shown on a plat prepared by Lumsden Associates, P. C., dated 17 August 1994, and (3) 149 -square feet of a public utility easement located on Lot 21 (Tax Map No. 26.16-12-22), and shown on a plat prepared by Lumsden Associates, P. C., dated 17 August 1994, and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That Strauss Contruction Company shall record a certified copy of this ordinance, along with the attached three plats dated 17 August 1994, prepared by Lumsden and Associates, P. C., with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. 4. That as a further condition to the adoption of this ordinance, the Board of Supervisors of Roanoke County, Virginia, 2 shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within the old easement area by it, its heirs, succesors, or assigns. 5. That pursuant to § 15.1-485 of the 1950 Code of Virginia, as amended, the Circuit Court Clerk shall write in plain legible letters across the part of the plat vacated, the word "vacated" and also make a reference on the same to the volume and page in which the instrument of vacation is recorded. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: &Lelt-e& I �j A - Brenda J. H lton, Deputy Clerk cc: File Roanoke County Board of Supervisors Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 3 o? o �II �o � P I EX. 5' PRIVATE �O` 0 W.L. k S.S.E. P.B. 16, PG. 21 CHORD = N 41°21'00"W 43 64' LOT 20 IS 47'00'00" W 54.06' 120.01' — I .I ARC = 43.67' Z 2 II 4 ni Va L 1. PORTION OF EXISTING i 20' P&E, TO BE VACATED EX. 20' P.U.E. I P.B. 16, PG. 21 If 3 f 2 LEcan P.U.E. PUBLIC UTILITY EASEMENT R/W RIGHT OF WAY W.L. do S.S.E. WATERLINE k SANITARY SEWER EASEMENT I P.B. PLAT BOOK TAX #26.16-12-22 LOT 21 EX. 15' UTILITY EASEMENT Z SECTION No. 5 u� "WATERFORD" U I P.B. 16, PG. 21 0 0 r* EX. 1 STORY I BRICK & FRAME a, TOWNHOUSE `i CARPORT 11 c i Ir n I LENGTH TANGENT z BEARING r4--6:30'1 E C-2 20.46' BLACK WALNUT COURT 30' PRIVATE R/W LOT 22 EX. 5' PRIVATE W.L. do S.S.E. P.B. 16, PG. 21 —EX. PUBLIC W.L. do S.S.E. P.B. 16, PG. 21 NOTES: I. THIS PLAT IS BASED ON A CURRENT FIELD SURVEY. 2. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THERE MAY EXIST ENCUMBRANCES WHICH AFFECT THIS PROPERTY NOT SHOWN HEREON. 3. THIS PLAT IS FOR THE SOLE PURPOSE OF VACATING A PORTION OF THE EXISTING 20' PUBLIC UTILITY EASEMENT AND DOES NOT CONSTITUTE AN ACTUAL BOUNDARY SURVEY. CURVE TABLE CURVE C-1 RADIUS I LENGTH TANGENT I CHORD BEARING DELTA C-2 151.03' 5.00' 39.86' 7.92'S 20.05' 75 39�*jl N 54'03'58 E 15'07'19" C-3 315.00 96.71'S 73'00'00" E 90'44 45" 335.00' 3003'N 3625'20" E17'35 35 02'51" W 24'C-4 05'08 09' C-51 29.57' 1 S 35'02'51" E 05'08'09" PLAT SHOWING PORTION OF EXISTING 20' PUBLIC UTILITY EASEMENT TO BE VACATED TH Op D� ACROSS TAX #26.16-12-22, BEING LOT 21 g' Is- 4 4c SECTION No. 5, "WATERFORD" (P.B. 16, PG. 21) B. LEE �Z i PROPERTY OF HENDERSON, JR. "_ STRAUSS CONSTRUCTION CORP. No. 1480 ; SCALE: 1" = 20' DATE: 17 AUGUST 1994 t•�,D ��04 LUMSDEN ASSOCIATES, P.C. ENGINEERS—SURVEYORS—PLANNERS ROANOKE, VIRGINIA S .. 5- y BID PROTEST DENIED ACTION NO. A-92794-19 ITEM NO. 77-01 _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 1994 AGENDA ITEM: Bid Protest: Water Line Materials American Cast Iron Pipe Company COUNTY ADMINISTRATOR'S COMMENTS: J EXECUTIVE SUMMARY: This bid protest is made by American Cast Iron Pipe Company pursuant to Section 17-129 ("Protest of award or decision to award") of the Roanoke County Code, challenging an award of the South Loop Transmission Main Water Line Materials, Bid CP94-107 to Griffin Pipe Products and United States Pipe and Foundry Company. Edward A. Natt, Esq. is local counsel for American Cast Iron Pipe Company. Counsel for the successful bidders are also expected to be present. BACKGROUND: On August 19, 1994, Procurement Services for the County of Roanoke issued an invitation to bid water line materials for the south loop transmission main water line. A pre-bid conference was conducted on August 26, 1994. Bids were received and read on September 1, 1994. Notice of bid award split between Griffin Pipe Products and United States Pipe and Foundry Company was issued September 9, 1994. American Cast Iron Pipe Company ("ACIPCO") protested this award by letter dated September 16, 1994. This bid is for water line materials (approximately 38,000 feet of 24 inch D.I.P, 61,800 feet of 30 inch D.I.P., 24,700 feet of 36 inch D.I.P., an undetermined amount of 18 inch D.I.P., and associated fittings, "D.I.P." means ductile iron pipe) with prices to remain firm through August 31, 1995. SUMMARY OF INFORMATION: ACIPCO asserts that it is the low bidder, and should therefore be awarded this contract for water line materials. Its bid 1 included a discount subject to certain contingencies with respect to minimum quantities and order dates. It has evaluated the bid prices solely on volume discounts, which apparently are not now contingent on required minimum quantities or shipping or order dates. County Procurement and Utility staff reviewed all of the bids and have evaluated these bids based on realistic estimates of anticipated quantities of both push -on and restrained joint pipe, as well as fittings, in accordance with the bid unit prices received and read on September 1, 1994. This evaluation shows that the split award is the low bid. This evaluation is also based upon the timing of the seven phases of this project, with a deadline for completion of December, 1995 (reference is made to the Board's September 13, 1994 work session on the water projects). It is staff's determination that the County's best interests are served by the split award to Griffin Pipe Company and United States Pipe and Foundry Company. By letter dated September 8, 1994, ACIPCO asserted that its two discount conditions attached to its bid were incorrectly interpreted by the County. These conditions required the County to issue or provide "an order released by 12/31/94" for certain minimum tonnages of various sizes of pipe. Apparently these contingencies are no longer applicable. If these conditions are no longer applicable, then what purpose is served by the unit bid prices in ACIPO's bid? Are the unit prices applicable, with no contingencies, or are the discount prices applicable? The practical effect of ACIPCO's position is to violate both the letter and spirit of the Virginia Public Procurement Act, by allowing negotiations after receipt of sealed bids with respect to conditions contrary to the bid request. Attached for Board review are the following documents: 1) ACIPCO bid, 2) Letter from Gary M. London, Esq. (counsel for ACIPCO) to Paul M. Mahoney dated September 8, 1994, explaining the contingencies of the bid, 3) Spreadsheet analyzing the bids 4) Notice of Bid Award dated September 9, 1994, 5) Letter from Edward A. Natt, Esq. to Elaine Carver dated September 16, 1994, bid protest, 6) Memorandum from Gary L. Robertson to Paul M. Mahoney dated September 9, 1994 (this memorandum was prepared at the request of the County Attorney in anticipation of and 2 preparation for possible litigation) ALTERNATIVES• If it is determined by the Board of Supervisors that the decision to award the bid was arbitrary or capricious, then the relief is as follows: If after an award of a bid has been made, but performance of the contract has not yet begun, performance of the contract may be terminated. If the award has been made and performance has begun, the Board may declare the contract void, upon a finding that this action is in the best interest of the public. Where a contract has been declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In the event of a timely protest, no further action to award the contract will be taken, unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless a bid or offer would expire. The Utility Department has provided a written determination that it is necessary to proceed without delay with this contract to protect the public interest. The timely completion of these water projects is necessary to provide water to the citizens of south County. Bids for the various phases of the construction of the south loop transmission water line are being requested. Delay in the acquisition of the pipe materials will delay these construction contracts, as well as the entire project, and jeopardize the December 1995 deadline for completion of the water projects. If the Board rejects this protest, then ACIPCO may challenge this decision in circuit court. The circuit court shall review this decision, which shall be reversed only if the bidder establishes that the Board's decision was arbitrary and capricious. If ACIPCO seeks an injunction, then the court shall require the posting of reasonable security to protect the County. STAFF RECOMMENDATION: It is recommended that the Board consider the arguments of the representatives of ACIPCO in support of its protest, as well as the responses of the successful bidders. Staff is available to respond to the arguments raised, as well as any questions of the Board. Staff further recommends that the Board reject this protest, and authorize staff to proceed with the award of this contract for 3 i- I south loop transmission main water line materials. Respectfully submitted, cc: File Paul M. Mahoney, County Attorney Elaine Carver, Director, Procurement Gary Robertson, Director, Utility 4 Paul M. Mahoney County Attorney Action Vote No Yes Absent Approved (x) Motion by Edward C- Kohinke Eddy x Denied ( ) to approve staff recnmmenria+inn Johnson x Received ( ) to deny protest and mn re Kohinke x Referred fnrward Nickens x to _ Minnix x lit.pipe.rpt cc: File Paul M. Mahoney, County Attorney Elaine Carver, Director, Procurement Gary Robertson, Director, Utility 4