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HomeMy WebLinkAbout5/23/1995 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 23, 1995 RESOLUTION 52395-1 AUTHORIZING A COMPREHENSIVE REZONING OF VARIOUS PARCELS FOR COMMERCIAL AND INDUSTRIAL USE WHEREAS, the Board of Supervisors have authorized the preparation of a study of potential commercial and industrial sites in Roanoke County at their January 20, 1995, strategic planning meeting; and, WHEREAS, the Industrial Development Authority of Roanoke County has conducted a study of vacant land in Roanoke County and has determined that various parcels should be rezoned for commercial or industrial use; and, WHEREAS, one of the purposes of a zoning ordinance is to encourage economic development activities that provide desirable employment and enlarge the tax base; and, WHEREAS, the Board of Supervisors desires that the Industrial Development Authority of Roanoke County serve as its agent to amend the zoning district maps to implement the purposes of the zoning study; and, THEREFORE, BE IT RESOLVED by the Board of. Supervisors of Roanoke County that the Industrial Development Authority of Roanoke County (IDA) finalize the list of properties to be rezoned and make application for amendments to the zoning district maps on its behalf. On motion of Supervisor Kohinke to approve the study and adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 231 1995 ORDINANCE 52395-5 AUTHORIZING THE EXCHANGE OF CERTAIN REAL ESTATE WITH FRANK D. PORTER III AND BEVERLY V. PORTER, HIS WIFE, IN CONNECTION WITH THE 11LONGRIDGE11 SUBDIVISION, AND THE SOUTH LOOP WATER TRANSMISSION LINE WHEREAS, Frank D. Porter, III and Beverly V. Porter, his wife, (hereinafter referred to as "Porter") desire to develop approximately 34.962 acres of real estate for the purpose of a residential subdivision known as "Longridge;" and WHEREAS, in order to successfully develop this property Porter requires from the County the conveyance of certain interests in real estate; and WHEREAS, the County requires Porter to convey to it easements for the purpose of the installation of the South Loop Main Water Transmission Line; and WHEREAS, Porter petitions the County to adopt this ordinance pursuant to the provisions of_section 16.01 and Section 18.04 of the Roanoke County Charter in order to achieve their respective and mutual goals; and that the real estate in question does not conflict with other public uses and will ultimately serve a public purpose, and are hereby declared to be surplus; and, WHEREAS, the County's acquisition of utility easements and other real estate interests constitutes a fair consideration for the conveyance of other County real estate interests to Porter; and, 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 23, 1995 ORDINANCE 52395-6 AUTHORIZING THE DONATION BY LEASE OF OFFICE SPACE IN THE ROANOKE COUNTY ADMINISTRATION CENTER TO THE FRIENDS OF THE BLUE RIDGE PARKWAY WHEREAS, Sections 15.1-24 and 15.1-25 of the Code of Virginia authorize the governing bodies of counties, cities and towns to make appropriations of public funds, of personal property, or of real estate to any charitable or nonprofit institution or organization, provided such organization is not controlled in whole or in part by any church or sectarian society; and WHEREAS, these sections of the State Code provide authority for the Board of Supervisors to donate valuable office space in the Roanoke County Administration Center (RCAC) to the Friends of the Blue Ridge Parkway; and, WHEREAS, the Board of Supervisors has determined that certain office space in the RCAC is temporarily surplus and available for other public uses, and that the donation by lease of this office space to this charitable, non-profit organization will serve other public uses; and WHEREAS, pursuant to the provisions of § 18.04 of the Charter of Roanoke County, a first reading of an ordinance authorizing the donation and use of County real estate was held on May 9, 1995. The second reading on this matter was held on May 23, 1995. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 1. That it is in the County's best interests to enter into a lease agreement for the use of valuable office space located at 5204 Bernard Drive in the Roanoke County Administration Center by the Friends of the Blue Ridge Parkway. This lease agreement shall be terminable at will by the County and the use of this property shall be limited to office uses for the charitable and non-profit purposes of this organization. 2. That the County Administrator is authorized to negotiate and to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the charitable purposes of this transaction, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Richard Burrow, Friends of the Blue Ridge 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 23, 1995 ORDINANCE 52395-7 AUTHORIZING THE FINANCING OF A LOCAL PUBLIC WORKS IMPROVEMENT, BONSACK COMMUNITY SEWER EXTENSION, FOR MICHAEL DUNN WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to three residents of the Bonsack community; and WHEREAS, the extension of the public sewer system will alleviate a critical public health and safety problem; and WHEREAS, one of the residents, Michael Dunn, of 4612 Bonsack Road, has requested that the County allow him to pay his portion of the costs of connection to the public sewer system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of the Ordinance was held on May 9, 1995; and the second reading was held on May 23, 1995. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the Board authorizes and approves a local public works improvement project namely, public sewer extension for a portion of the Bonsack community. The total cost of this public sewer project is estimated to be Twenty Thousand Dollars ($20,000.00) plus off-site facilities 1 fees of Three Thousand Dollars (3,000.00); however, the County agrees that the total cost of the project including off-site facility fees and credits shall not exceed Twenty Thousand Dollars ($20,000.00). 2. That the Board authorizes and approves the payment by Michael Dunn, of 4612 Bonsack Road, of his portion of the cost of extending the public sewer system in accordance with the following terms and conditions: Payment of Six Thousand Six Hundred and Sixty -Seven Dollars ($6,667) over ten (10) years at an interest rate of nine (9%) percent per annum. 3. That Emory H. Robinson shall pay one-third of the estimated construction cost of $20,000.00 dollars, one- half upon the execution of an agreement with the County and one-half upon completion of construction. 4. That Edwin M. Cook shall pay one-third of the estimated construction cost of $20,000.00 dollars, one-half upon the execution of an agreement with the County and,one- half upon completion of construction. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 6. That this Ordinance shall take effect on and from the date of its adoption. 2 On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Gary L. Robertson, Utility Director Diane D. Hyatt, Finance Director 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 23, 1995 ORDINANCE 52395-8 AMENDING AND REENACTING SECTIONS 12-51 PENALTIES FOR PARKING VIOLATIONS AND 12-52 PARKING ON STREETS AND HIGHWAYS GENERALLY TO AUTHORIZE THE ENFORCEMENT OF ZONING VIOLATIONS INVOLVING THE UNLAWFUL PARKING OF VEHICLES BY THE ISSUANCE OF PARKING TICKETS FOR SUCH VIOLATIONS WHEREAS, the County of Roanoke's Zoning Ordinance, Sec. 30-91-2, prohibits the parking of certain trucks or commercial vehicles in AR and all Residential districts and requires the parking of all recreational vehicles, boats and utility trailers behind the front building lot line, unless in a completely enclosed garage or building; and WHEREAS, the enforcement provisions of the Zoning Ordinance, contained in Sec. 30-21 were drafted with a focus upon violations concerning parcels of real estate. This section requires a fifteen (15) day written notice from the zoning administrator and an opportunity for the property owner to correct any violation; and WHEREAS, the Roanoke County Police Department is frequently contacted by residents who observe violations of the Zoning Ordinance involving tractor -trailer trucks or other vehicles and the Department has raised questions regarding compliance with the notice requirements of this ordinance prior to issuance of any tickets or court summons; and WHEREAS, the mobility of trucks and other vehicles makes it necessary to provide law enforcement officers with the ability to issue parking tickets for such zoning violations without the necessity of advance written warning by the Zoning Administrator to the vehicle owner; and WHEREAS, the first reading of this ordinance was held on March 14, 1995, and the second reading was held on May 23, 1995. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, as follows: 1. That Section 12-51. Penalties for Parking Violations and Section 12-52. Parking on streets and highways generally of Article III. Parking of Chapter 12 MOTOR VEHICLES AND TRAFFIC of the Roanoke County Code be amended and re-enacted, as follows: Sec. 12-51. Penalties for parking violations. Any person violating any of the provisions of this article shall be deemed guilty of a traffic infraction and, upon conviction thereof, shall be fined according to the following schedule: Sec. 12-52. Parking on streets and highways generally. 2 . ....::...:::::. � .���>c �.:::::::::.:......:.::....................................:..:::::::::::::::::::................:.::::............:::::::::::: `{} An emergency vehicle or any personal vehicle operated by a law enforcement officer, firefighter, emergency medical services officer or county volunteer firefighter or rescue squad member responding to an emergency or a legitimate public safety need shall not be considered in violation of this section. 2. This ordinance shall be effective from the date of its adoption. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors K? Roanoke County Code Distribution: cc: File Circuit Court G. O. Clemens, Judge, Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., 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 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 O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Gary L. 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 Bill Rand, Director, General Services Thomas S. Haislip, Director, Parks & Recreation Elaine Carver, Director, Procurement John W. Birckhead, Director, Real Estate Assessment 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 23, 1995 ORDINANCE 52395-9 AMENDING AND REENACTING SECTIONS 4-4, DEFINITIONS, 4-10, OPERATIONS, 4-11 SECURITY, 4-12 SAFETY AND RESCUE EOUIPMENT; OTHER SAFETY FEATURES, AND 4-13, ENTRY AND INSPECTIONS, ENFORCEMENT, PENALTIES OF ARTICLE I IN GENERAL, OF CHAPTER 4 AMUSEMENTS, OF THE ROANOKE COUNTY CODE TO CONFORM THIS ORDINANCE WITH STATE POSTING REGULATIONS FOR WATER QUALITY AND TO PROVIDE AUTHORITY TO THE HEALTH DIRECTOR TO NEGOTIATE RECOMMENDATIONS AT EACH POOL SITE ON ISSUES RELATED TO PUBLIC HEALTH AND SAFETY WITHOUT EXERCISE OF REGULATORY OR ENFORCEMENT POWERS WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia adopted Ordinance 62894-18 to add certain sections to the Roanoke County Code in order to clarify the legal authority of the Roanoke County Health Department to carry out courtesy inspections of public swimming pools to insure their operation is in accordance with Virginia Department of Health regulations governing such pools; and WHEREAS, since the adoption of this ordinance, the Virginia Department of Health has adopted regulations governing the posting of water quality test results which contain requirements which are less stringent that those contained in the county's ordinance, but other state regulations dealing with safety issues have been held in abeyance for the foreseeable future; and WHEREAS, experience gained during the administration of the county's ordinance over one operating season has produced suggestions for improvements of some provisions of this ordinance, and the Health Department wishes to proceed for the 1995-96 season with the authority to receive applications and issue permits and to negotiate recommendations addressing health and safety concerns at each pool but to refrain from the exercise of any regulatory enforcement powers; and WHEREAS, the first reading of this ordinance was held on May 9, 1995; a second reading was held on May 23, 1995. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Article I. In General of Chapter 5, AMUSEMENTS of the Roanoke County Code be amended and reenacted to read and provide as follows: Sec 4-4. Definitions. For the purposes of this article, the following words and phrases shall have the meaning ascribed to them by this section, unless otherwise indicated to the contrary: Public swimming pool: Shall mean any swimming pool, other than a private residential swimming pool, intended to be used collectively by numbers of persons for swimming or bathing and operated by any person, whether as owner, lessee, operator or v: :w::. �::::::: :n.: w::: •:: nw:.: �:.: �:. �. � :.: :.:::w :::::::::::::.:: �::::::: n::w:::: :: :::::.ii:::• w: w:::: v;. � {;� •Ni/.3iii^:: •ti?^:O:ii::.ii}ii4:ti: :}i:.}:.v •n}.vxr concessionaire w:::: n•w::::::.%/i.+iin}iii:::ii?'r::ji:4.::::: m::::::::::::. m: m:::::::.•.•::: :: x:::::::.:.::.w::::::::i %": y::::::::n ..... .. --afi' k regardless ef whether a- fee is edged f e- sueh use. The term "public swimming pool" includes, but is not limited to, tourist establishment pools, pools owned or operated byRom condominium, private club er ass ei-atien e; p«sena apartment, or any association of persons. The term "public swimming pool" shall not include single occupant tubs and showers 2 used exclusively for therapeutic purposes. Sec. 4-10. Operation. (a) Each swimming pool owner shall require an operator to be available except when the pool is out of service. (b) Lifeguard(s) shall be required and present at all times during operation based on the following criteria: (1) pools of 2,000 square feet of"M surface area or more and open for use - minimum of one (1) lifeguard; (2) eaeh additienal 1,990 squa-- add -1 !Ifequard. ools of 2,000 square feet or more ... ............. .... ...... . ... .. shall provide 1 lifeguard .... r- every 75 swimmers and 1 lifeguard for each 25 swimmers thereafter. pools with a to surface area of less than 2,000 square feet, having less than 75 swimmers present shall be required to provide a designated supervisor to oversee swimmer activity provided, however, that a sign is posted as follows: IlWarning; No Lifeguard on Duty. Children under the age of 14 should not be allowed to use the pool without an adult in attendance." pools of less than 1,000 square feet .. .... .. . W ........ may be used without a d6's 1 g n ai ted lifeguard if all of the following criteria are met: a. children under 14 years of age are not allowed to use the pool unless accompanied by an adult; b. no one shall be allowed to be in the pool alone; C. a sign be posted exactly as stated in (b)(3) above. 3 (c) Operators and lifeguards shall be required to possess a current certification meeting the current standard for a pool operator or lifeguard as recommended by the National Recreation and Park Association, the American Red Cross or other accredited agency (d) A bound log shall be maintained by the swimming pool operator on the premises which shall contain the time and dates of the chemical test performed, results of those tests and initials of the persons who performed the necessary testing. The log shall be retained for a period of twelve (12) months. 1. The log shall include the following at the specified intervals: a. all chemicals added, including quantity and time added - as needed; b. personnel and changes in personnel - as necessary; C. injuries - as necessary; d. maintenance operations including backwashing and vacuuming - as necessary; e. disinfectant levels - every EQ. three --(3 ) hours; f . Ph balance - every ern r <» three 4 hours; g. stabilizer - weekly; h. alkalinity and calcium hardness - weekly. (e) Swimmer load shall not exceed a density of one (1) person per twenty-seven (27) square feet of pool surface area. (f) Animals, fowl and/or pets shall not be permitted within the pool area. This section shall not apply to working dogs, such as seeing eye dogs. see. 4-11. Security. (a) Every OMswimming pool shall be equipped with the following aids to safety and rescue which shall be readily accessible at all times: (4) A readily accessible room or area designated and equipped for emergency care of casualties. ...::: I:.r. rrn::::::::::: ::::::.://Ili.,:::?:: :::•: mow :.. :::. ::::::::::::::::::.. ::. :.::::::::...:xn:::::::::•n:•:n:v::::::.:v:•frc::.::2:.,::r:::•F..I/:I.+.:::?...:.....}...n:::.}},.:::.hYJ fi%i'ilf�+%H�'if$C 5 :•rorrrtt ttt:yt: •ttx5t:;rf>rtor: ...... ..:.: •:::::::::::.::::. �. �::::::. �:::::::::. �:::::: �:::::::.:: �:,::::::::::: •:::.: t;•r;::::: � „• rrr: tttr:•r:•r:.r:•rrrr:•r:: ••r;.,;. �•r:•;: •:•rr:;•r::•r: • ••;•:•� :•::`•:`••,•:•rrrrtr :.r;.;y:rrt:..>.j:.r:.r:.r••.�.:::::::::: :••.;yy. �::.;..::.:::::ii:. >p:.:.>�:::..p.:::::::: ..� :•:�.+•�..rr:.:: ::f::::•. ... :. ..... rrr: :. :$;:j�..j,�,::.:y.:t•r:•: w: ::.� ..t., ..., .: ....... .: .:::: .. •yy�.:� �;<::; :.;{',�}::.: j��.:i:S .y<.::F'r.;' � :; .:, :7�;t�..yy.j�.:r:.. :::ii . t::::'t�:''..��.�i:i:il':�iki%J:Z:�AAi:i: is�ii:4i.�`.:iii,.,�,,.�9t�AA.�....�ii•.�•.� ';f;�'�,�',. �!�,I,.+i` :r:;��.+.•��R!�..:: Gl. , ...�!.r,::� �.,g..i i.,,4;i;.5r,.,.rir_.,rr>�r>:•>::: �::::::::::::::::::::::::::::::::::::::::::::::::::............. .. �A ., :xt+•....:.................................::�:'.':...........:..,........................,...........:....:..............:.....................:............:....:,.•.t•::rr: rr.:r:xr»w:r:::r, •rnrrv�• <:t.rrx:t:r:>;;::r:::;.::::.::.::.::::;r::>:.:;.::::;::.;: •t:::>:;<::;::;;:;:>:t;:<,,;,.;:<;.;::.r::::.::>::::> Minequipment imum shall be the first aid kit previously required, a full -lengt baekbear4 and 2 blankets. (6) On all swimming pools, the depth of the water shall be marked plainly at or above the water surface on the vertical wall of the swimming pool and on the edge of the deck next to the swimming pool. Numbers and letters shall beE`3fldtr"? -& inches in size and of a good contrast with the pool wall and deck. Depth markers shall be placed at the following locations: a. at the points of maximum and minimum depths; b. at the point of change between deep and shallow portions t s : transient- point); C. at intermediate one foot increments points as to denote the water depths in the diving area. Sec. 4-13. Entry and Inspections; Enforcement; Penalties. (a) In accordance with the provisions of § 32.1-25 of the Code of Virginia, 1950, as amended, the Health Director or his designee shall have the right to enter any property to conduct 11 inspections and to ensure compliance with this ordinance. All public swimming pools in the county may commence operations each year only after being inspected by the Health Director or his designee and receiving a permit from the Director and after complying with all licensing requirements of the Commissioner of the Revenue. The Health Director is authorized to require each owner to complete and submit an annual application, all in such form as the Director shall approve. Eaeh-applieatien shat be aeaeiRpanted by o f a.�.•e+- m f o Hundred Bei i ($190. l te-Fart-ially reimburse the-eeunty fer the Beat—ef this s e icr. (b) When the Health Director finds that any condition exists that endangers the life, health or safety of the users of any public swimming pool, he may order the facility closed until the 7 shall be cause for revocation of any permit or business license issued, as required in subsection (a). 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AftrY?n Ff.{ .:.:xi.x::.n........r...nr.rx..........xn......rr........................................../i.�y..!..�......................................... :•ii:•'r.?•:::i:<?•:?•i:�i:•ii:???•i+•ii:•i:: •.•.. ••ri{•i:•i:•i:•isLiTi:•>:.::ism:i??ii:::::ii}ij:�i'riiiii:t:?:�i?Xtt:i:t3i 2. This ordinance shall be effective from the date of its passage. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy A COPY TESTE: T� Mary H. Allen, Clerk Roanoke County Board of Supervisors P7 Roanoke County Code Distribution: cc: File Dr. Margaret L. Rutledge, Director, Alleghany Health District Circuit Court G. O. Clemens, Judge, Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., 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 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 O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & zoning Gary L. 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 Bill Rand, Director, General Services Thomas S. Haislip, Director, Parks & Recreation Elaine Carver, Director, Procurement John W. Birckhead, Director, Real Estate Assessment 10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 23, 1995 RESOLUTION 52395-10 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 May 23, 1995, 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 April 25, 1995. 2. a. Confirmation of committee appointments to the Board of Zoning Appeals, Clean Valley Council, Fifth Planning District Commission, Highway and Transportation Safety Commission, Parks and Recreation Advisory Commission, and Virginia Western Gemmunity Gelege-Beard. — b. Confirmation of committee appointment to the Virginia Western Community College Board. 3. Resolution of Congratulations to Total Action Against Poverty upon their 30th Anniversary. 4. Acceptance of sanitary sewer facilities serving the Orchards - Botetourt South, Section 3. 5. Donation of drainage easements on Lots 6 through 10, Block 1, Section 1, The Gardens of Cotton Hill. 6. Authorization to move forward with "No Charge" Motorola Engineering Study to upgrade 80OMHZ radio system. 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 Johnson to adopt the Consent Resolution with the removal of Item 2, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None On motion of Supervisor Johnson to approve Item 2 with confirmation for Virginia Western Community College Board removed for separate vote, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None On motion of Supervisor Johnson to approve the appointment of Geoffrey Ottaway to the Virginia Western Community College Board, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections Vickie L. Huffman, Assistant County Attorney John Cease, Chief of Police T. C. Fuqua, Chief of Fire & Rescue Diane D. Hyatt, Director, Finance A -52395-10.a ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 23, 1995 AGENDA ITEM: a. Confirmation of Committee Appointments to the Board of Zoning Appeals, Clean Valley Council, Fifth Planning District Commission, Highway and Transportation Safety Commission, Parks & Recreation Advisory Commission anVirginia Western d unity GellegeBeard b. Confirmation of Committee Appointment to Virginia Western Community College Board COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the May 9, 1995 meeting. 1. Board of Zoning Appeals Supervisor Nickens has contacted Mr. McGhee and he wishes to serve another five year term representing the Vinton District. His term will expire June 30, 2000. Supervisor Nickens has requested that confirmation of his appointment be added to the Consent Agenda. 2. Clean Valley Council Supervisor Eddy indicated his willingness to serve another two year term, which will expire 6/30/97. 3. Fifth Planning District Commission Supervisor Minnix nominated Alfred C. Anderson, Elected Representative, to serve another three year term. His term will expire June 30, 1998. 4. Highway and Transportation Safety Commission Supervisor Eddy nominated Horace L. McPherson, Citizen Representative, to serve another four year term. His term will expire June 30, 1999. L-� 5. Parks & Recreation Advisory Committee Supervisor Johnson nominated Tim Hoelzle, Hollins District, to serve a three year term. His term will expire June 30, 1998. Mr. Hoelzle was serving the unexpired portion of Rita Watson's term. Supervisor Minnix nominated Jack W. Griffith, Cave Spring District, to serve another three year term. His term will expire June 30, 1998. 6. Virginia Western Community College Board Supervisor Johnson nominated Geoffrey Ottaway to serve a four year term. His term will expire June 30, 1999. Mr. Ottaway was previously serving the unexpired portion of Patrick Shaffner's term. RECOMMENDATION• It is recommended that these appointments be confirmed by the Board of Supervisors. Respectfully submitted, Approved by, /1) Id -,49- eA!U� Mary H. Allen Elmer C. Hodge Clerk County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob. -L. Johnson No Yes Abs Denied ( ) to approve with Confirmation Eddy x Received ( ) for VWCC Board removed for Johnson x Referred ( ) separate vote Kohinke x To ( ) Minnix x Nickens x Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Bob L. Johnson to approve confirmation of appointment of Geoffrey Ottaway to VWCC Board VOTE No Yes Abs Eddy x Johnson x Kohinke x Minnix x Nickens x cc: File Board of Zoning Appeals File Clean Valley Council File Fifth Planning District Commission File Highway and Transportation Safety Commission File Parks & Recreation Advisory Committee Virginia Western Comunity College Board AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 23, 1995 RESOLUTION 52395-10.b OF CONGRATULATIONS TO TOTAL ACTION AGAINST POVERTY FOR THEIR 30 YEARS OF SERVICE TO THE ROANOKE VALLEY WHEREAS, in 1964, Congress passed the Economic Opportunity Act and authorized locally organized and controlled Community Action Agencies to operate local and federal poverty programs; and WHEREAS, on April 29, 1965, TOTAL ACTION AGAINST POVERTY (TAP) was chartered as the official poverty agency for Roanoke, Salem, Roanoke County, Botetourt and Bedford Counties; and WHEREAS, during its 30 year history, TAP has served as a role model throughout the United States as one of the most successful programs designed to help individuals and families get off the cycle of poverty and welfare and to become productive self- supporting citizens; and WHEREAS, since its inception, over 17,000 children have attended Headstart Programs; 4,120 youth and 2,950 adults have received their GED, 45,116 households have been served by the Virginia Water Project, 5,500 homes have been weatherized, and countless others have been served by programs such as the Transitional Living Center, the Southwest VA Second Harvest Food Bank, Project Discovery and VA Cares; and WHEREAS, Roanoke County is proud to have contributed both financially and through donations to this outstanding program during the past 30 years. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, offers its congratulations to Total Action Against Poverty upon the celebration of their 30th anniversary, and FURTHER, the Board wishes continued success to TAP in their efforts to assist the disadvantaged citizens of the Roanoke Valley in reaching a high quality of life. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Resolutions of Congratulations File A -52395-10.c ACTION # ITEM NUMBER Z"/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 23, 1995 SUBJECT: Acceptance of the Sanitary Sewer Facilities Serving The Orchards - Botetourt South, Section 3 COUNTY ADMINISTRATOR'S COMMENTS: Xo� 4(�� The Developers of Botetourt South, Section 3, F & W Community Development Corporation, have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the subdivision along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by Lumsden Associates entitled Botetourt South, Section 3, dated February 15, 1995, which are on file in the County Engineering Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the sanitary sewer construction is $17,800. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving the Botetourt South, Section 3 subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: APPROVED: Gary R bertson, P.E. Elmer C. Hodge Utilit Director County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Motion by Bob L. No Yes Abs Denied ( ) Johnson to approve Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections w: NOTES: 1) SANITARY SEWER LINES FROM MANHOLE M TO L TO K AND J SHALL BE CONSTRUCTED TO ROANOKE COUNTY SPECIFICATIONS. ALL MANHOLES IN ROANOKE COUNTY SHALL HAVE MH-RCR-3000EC COVERS. ALL OTHER SANITARY SEWER LINES SHOWN HEREON SHALL BE CONSTRUCTED BY BOTETOURT COUNTY SPECIFICATIONS. 2) THE VERTICAL LOCATION OF THE EXISTING WATERLINE AT NORTH ROME DRIVE IIAS NOT BEEN FIELD VERIFIED. THE CONTRACTOR SHALL VERIFY THE VERTICAL LOCATION OF THE WATERLINE PRIOR TO THE ONSET OF CONSTRUCTION. ROANOKE COUNTY UTILITY DEPARTMENT ACCEPTANCE OF SANITARY SEWER FACILITIES SERVING BOTETOURT SOUTH, SECTION 3. DEED OF EASEMENT AND ASSIGNMENT THIS DEED, DEED OF EASEMENT AND ASSIGNMENT, made this 21st day of April, 1995, by and between: F & W Community Development Corp. hereinafter referred to as the "Developer," party of the first part; the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, hereinafter referred to as the "Board," party of the second part; and ELMER C. HODGE, County Administrator of Roanoke County, VIRGINIA, party of the third part. W I T N E S S E T H THAT FOR AND IN CONSIDERATION of the mutual benefits to accrue, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto, in and to the water and/or sewer systems in the streets, avenues and public utility, water and/or sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown and described and designated as follows, to wit: As shown on the plan entitled Botetourt South Sec. 3 , made by Lumsden Associates and on file in the Roanoke County Engineering Department. Page 1 of 3 z- y The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, party of the third part, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia. WITNESS THE FOLLOWING signatures and seals: Developer: F & W Communitv Development Corp. By: �✓ �—e As: 4e State of: County/E4-try of: to wit: The foregoing deed was acknowledged before me this: day of n�%I 1 19 qS , By: as Duly authorized officer Title on behalf of Notary Pub My Commission expires: Page 2 of 3 Approved as to form: County Administrator of Roanoke County, Virginia By County Attorney State of: Elmer C. Hodge County/City of: , to wit: The foregoing deed was acknowledged before me this: , day of 1 19 by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: Revised 02/10/95 Page 3 of 3 ACTION NO. ITEM NO. A -52395-10.d 1..- S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 23, 1995 AGENDA ITEM: Donation of drainage easements on Lots 6 through 10, Block 1, Section 1, The Gardens of Cotton Hill, to the Board of Supervisors of Roanoke County COUNTY ADMINISTRATOR'S COMMENTS:µ fLX14��^rr SUMMARY OF INFORMATION: This consent agenda item involves acceptance of the following easements conveyed to the Board of Supervisors for drainage purposes, in connection with the development of The Gardens of Cotton Hill, upon and across Lots 6 through 10, Block 1, Section 1, in the Cave Spring Magisterial District of the County of Roanoke: a) Donation of a drainage easement, of variable width, from Strauss Construction Corporation, a Virginia corporation, (Deed Book 1445, page 1985; Plat Book 16, page 157) as shown on a plat prepared by Lumsden Associates, P.C., Engineers -Surveyors -Planners, dated March 14, 1995, a copy of which is attached hereto. b) Donation of a drainage easement, of variable width, from Cheryl H. Goodwin, Heath M. Goodwin and Richard Goodwin, (Deed Book 1467, page 1457; Plat Book 16, page 157) as shown on a plat prepared by Lumsden Associates, P.C., Engineers -Surveyors -Planners, dated February 14, 1995, a copy of which is attached hereto. The location and dimensions of this property have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this easement. Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Vickie Arnold Respectfully submitted, Vickie L. Hu a Assistant urrty Attorney ACTION Motion by: Motion by Bob L. Johnson to approve VOTE Eddy Johnson Kohinke Minnix Nickens L. Huffman, Assistant County Attorney Covey, Director, Engineering & Inspections 4L--5 No Yes Abs d- o �o� 04 � e N > 1L �� CODJ q �qr 0 � d r I M I 2�E 2 5 � v IJ � Z a w Q A C c 1 I a � � c tc o h 1 t w I 38.8 I I � U) v c C l d- o 7 WE Fav �o� 04 � e N > Z= �� CODJ q �qr 0 m a U) C l � t � C c x U Z E+ L d w E- ° a z H a E, a a yz E. ly- W U H U1 H H t W-1 w d O Ul h Q H Q N CZ -7 } oa Z z Ln C7 U cn d cn O E � H O r CK� =) � `��w ww z E-4xouz E�+ o � U z U U� W aN0 w z — O H FC O w E-1 >+ _ _ FC U H? W W O H z OD cc U z a z o w cnz mom+ C7 i--' ::DHoz 2:U U z .(n O z W H W z A O U0 W J w z x 3 m U W a rC RG H O Q < N z (10F=- E-4 Pa cn0 �z E (10O U a 7 WE Fav �o� 04 � z0 N > Z= �� CODJ q �qr ,� T,44`0'96.02- 1- 45 � \ \ NGJ" STRAUSS GONfTRU6T10N CORPORATION IRON \ 96• PIN \ \ IRON PIN 5E T CURVE 'A " R 304,70' 0 TAx#96.07-7-7 LOT 7 1� EySF�' E'er NJ� A 108.75 " f m -ILI MEAT �cF GN. 9. 4 2B'40'OB "E ti NOTE: 1) THIS PROPERTY IS NOT LOCATED WITHIN SEE NOre04 THE LIMITS OF A 100 YEAR FLOOD BOUNDARY r /� 37'1?'36"W AS DESIGNATED BY FEMA. THIS OPINION IS BASED ON AN INSPECTION OF THE FLOOD INSURANCE RATE MAP AND HAS NOT BEEN VERIFIED BY ACTUAL FIELD ELEVATIONS.EX. _ 57' FLOOD ZONE "X'. 74, _ 2) THIS PLAT WAS PREPARED WITHOUT THE S ?9"3?'43"_E -7- BENEFIT OF A CURRENT TITLE REPORT AND 15 ORAINA,;E EASEM6N7 ? 41 41 THERE MAY EXIST ENCUMBRANCES WHICH v, AFFECT THE PROPERTY NOT SHOWN HEREON. 3) THIS PLAT WAS .PREPARED IN / Wool? r"E K J `U ACCORDANCE WITH REQUIREMENTS SET / / 8 5T6Ps .6ON6. FORTH BY THE COMMONWEALTH OFPAO �: j VIRGINIA FOR PHYSICAL IMPROVEMENT ' 98, 2.0 72.0' 10.5' SURVEYS. / ?2.3' /a0 20, 2r.0' F6Uf 1 2 4) DRAINAGE EASEMENT TO BE DEDI- J� ' CATED TO THE COUNTY OF ROANOKE / Jj / a Q hIORY ;)A CA B/ FOR PUBLIC USE. / N FRAME 4WEI GG/NG — — 22. o ^'5835 IRON 30.8' � SET WAii IRON PIN SV 0366E 50'RI" PLAT SHOWING PROPERTY OF CHERYL H. GOODWIN, HEATH M, GOODWIN RICHARD E. GOODWIN BEING LOT 7, BLOCK 1, SECTION 1 TEE GARDENS OF COTTON HILL �EALTX (P.B. 16, PAGE 157) O� yti= CAVE SPRING MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA c VINCENT K ZZ SCALE: I ' c v LUMSp 30 DATE: 14 FEBRUARY, 1995 Y P/ie/yr� 0. w142$9 0 LUMSDEN ASSOCIATES, P. C. SDiiVE�04 ENGINEERS -SURVEYORS -PLANNERS ROANOKE, VIRGINIA COMM. 95 46 a G5 A -52395-10.e ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 23, 1995 AGENDA ITEM: Approval for moving forward with "no charge" Motorola Engineering Study to upgrade 800MHZ radio system. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: On May 17, 1995 a presentation was made to the Board of Supervisors regarding the need to upgrade the 800MHZ Motorola radio system(summary attached). As a result of that meeting the staff was requested to place an item on the agenda, for Board action, addressing the need to move forward with this Engineering study. SUMMARY OF INFORMATION: Roanoke County is facing a number of communications issues that have an impact on the County's ability to carry on its day to day operations, particularly in the area of public safety. The present 800MHZ two-way communications system, which provides fine radio coverage and dependability, needs to be expanded in a timely manner in order to ensure continued dependable communications for all departments. The Board of Supervisors, having heard the details of this issue, at their May 17th CIP Worksession, indicated their support for moving ahead with an Engineering study, providing this Engineering study was at "no cost to the County". This Engineering study would more precisely define the problems, solution, costs and time frame for upgrading the 800MHZ radio system. Motorola, being Roanoke County's supplier of the 800MHZ radio system, has agreed to undertake this Engineering study at "no cost to Roanoke County". FISCAL IMPACT: There will be no 95/96 fiscal impact on the County, as Motorola has agreed to perform this Engineering study at their expense. There was agreement among the four Board members present to fund the implementation stage of the communications upgrade by using the approximate $356,000.00 current annual 800 MHZ debt drop off and/or an increase in the 911 surcharge tax or a combination thereof. STAFF RECOMMENDATION: Staff recommends moving forward with the Motorola Engineering study of the 800MHZ system and bringing the results back to the Board for more detailed discussion. Respectfully submitted, 4z- ,7Wn Cease 4CIiief of Police Tom y F ua Ch' f of F' e & Rescue Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by, Elmer C. Hodge County Administrator ACTION Motion by: Motion by Bob L. Johnson to approve cc: File John Cease, Chief of Police Tommy Fuqua, Chief of Fire & Rescue Diane D. Hyatt, Director, Finance VOTE No Yes Abs Eddy x Johnson x Kohinke x Minnix x Nickens x L—& 800 MHz Radio Communications Cost Prcar I Esttrnated Expenditures by FIscal dear DistrEbuttos Fn�n� i?io1ect g5r96 gfi-9'� g8 88-68 96-00 Cyst. Total Cost 2,000 0 2,084,000 0 0 0 $2,086,000 Other Funding 0 0 0 0 0 0 $0 Net County Cost 2,000 0 2,084,000 0 0 0 $2,086,000 Roanoke County is facing a number of communications issues that have an impact on the County's ability to carry on its day to day operations, particularly in the area of public safety. The present 800 MHz two-way communications system, which provides fine radio coverage and dependability, needs to be expanded in a timely manner in order to ensure continued dependable communications for all departments. Current issues are as follows: The 800 MHz system has exceeded its maximum capacity • FCC loading limits have been exceeded on the current seven -channel system — the system was designed for 700 users, but currently has 725 and continues to grow • Access to the system may be adv_ ersely impacted due to this congestion • The County's ability to handle a major disaster may be compromised due to the system's being unable to efficiently process the "air time" demand • Loss of a channel due to mechanical failure, lightning strike, etc., exacerbates the problem • The County is denied the advantages of using a single 800 MHz system due to lacking the "throughput" required for acceptable operation in both the public and private safety sectors Frequency scarcity for system expansion • Frequencies are allocated by the FCC on a "first-come, first -serve" basis • 806 MHz (currently used) is the most cost-effective option • Other groups in the County's area are interested- in 806 MHZ frequencies; consequently, these frequencies may not be available at a later date Low Band System Problems • Low band equipment is approaching obsolescence • Need by low band users for portable radio coverage provided by 800 MHz systems • Need by low band users for unit to unit coverage, not just unit to base coverage - ClJ Need for increased operability between all departments within the County Eliminating low band radios simplifies maintenance, parts inventory and training Aging of some 800 MHz equipment • 6 of the 21 repeaters have been in continuous use for almost 8 years; failures are occurring which cause the system to lose a channel and reduce "throughput" • 209 portables have been in service for almost 8 years; as these items age, failure rates and repair expenses will increase Analog microwave system nearing saturation point • 68 of 96 channels are currently in use • Adding three 800 MHz channels will require an additional 27 microwave channels • Eventual replacement with digital microwave would resolve the problem CAPITAL COSTS Several options have been proposed to deal with the above-mentioned problems. Among the options, an agent for Motorolla has presented his following Recommended Action Plan: • Apply immediately to the FCC for seven additional channels; add three channels to the 800 MHz system and replace the oldest repeaters; move 48 low band users to the 800 MHz system by relocating existing mobiles and portables from Public Safety and replace with new units — $726,000 • Upgrade to digital microwave — $500,000 • Add four channels to the 800 MHz system — $620,000 • Move the remaining 108 low band users to the 800 MHz system — $238,000 COUNTY ADMINISTRATOR'S RECOMMENDATION: We have begun this project by applying to the FCC for additional channels. It is important that we proceed in the near future to begin migrating to a digital system. Staff user groups have been requested to formulate a financing plan using E-911 fees, lease/purchase options, etc., to fund this project over the next several years. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 23, 1995 RESOLUTION 52395-11 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 Nickens to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Q-t-tp-� Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Executive Session AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 23, 1995 ORDINANCE 52395-12 DECLARING SEVERAL PARCELS OF REAL ESTATE TO BE SURPLUS AND ACCEPTING OFFERS FOR THE SALE OF SAME BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject properties, having been made available for other public uses before permitting disposition by sale, are hereby declared to be surplus. 2. That an advertisement for bids for the sale of surplus real estate was advertised in the Roanoke Times & World News on April 9, 1995. 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on May 9, 1995; and a second reading was held on May 23, 1995, concerning the disposition of the following parcels of real estate identified as follows: Algoma Park Tax Map Parcel No. 87.06-2-22 Ardmore Tax Map Parcel No. 28.09-2-40 Hunting Hills Tax Map Parcel No. 88.13-3-28 Penn Forest Tax Map Parcel No. 87.06-6-1 4. That offers for said properties having been received, the offers of !'1 a' ` t > to ...::.urNmr:t::::::::t..:?.:iir:?.;,:.•.:?:?::.X::??<:a.:� purchase �C.^ -a vp rties _v :u .4[ ?•i:tiA YXMC�00fiY.WI d �.; .;.;...:.w::•:•:v..;..w:•::..wvv:•v:�i{{.}:•i.....:C?yi:i?ti:...: v:::.v::::: ... :�'�> '• :;:{ . • rn, .::..?:.. n.•.; ..i � ?i±:'+.::ii: .:. :. • :::ii :..... ...... . ryi:::v{v::iii::}ii: "..:.?.:: ': .?r::.r:n.,..}��.yy.?.....::::::i:.��.}}•:�:�..yy'•i::?.r .: ,:,:..: v. :;, ...: ..... .. �:hTX :y? for the sum of "hsd=`Irs>: is hereby acce ted'Me; e--tca . ...v.. n::............:..:...::..:.,•.......:J Y'/.p:.JOJb:•w•.fSii:.iv}Y Ai» 1 5. That the purchase price for the property shall be paid upon delivery of a deed therefor and all proceeds from the sale of this real estate are to be paid into the capital improvements fund. 6. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the sale of said property, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Eddy to adopt the ordinance to accept only the bid of $30,000 from Thomas Newcomb for Hunting Hills Real Estate Tax Map Parcel #88.13-3-28, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: None PRESENT: Supervisor Johnson A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance John W. Willey, Property Manager FI .# AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 23, 1995 RESOLUTION 52395-13 OF CONGRATULATIONS TO OAR GROVE ELEMENTARY SCHOOL PARENT -TEACHER ASSOCIATION FOR RECEIVING THE STATE AWARD FROM THE NATIONAL PTA WHEREAS, Parent-Teacher Associations are an important and necessary partner in the education of the children of Roanoke County; and WHEREAS, the Parent-Teacher Association at Oak Grove Elementary School was recently named the top Parent-Teacher Association in Virginia by the National PTA; and WHEREAS, the Oak Grove Elementary School PTA received the Advocates for Children Award, an honor created by the National PTA to recognize one unit per state each year; and WHEREAS, the Oak Grove Elementary School PTA was recognized for its campaign to reduce violence in video games and computer software; and WHEREAS, the Oak Grove Elementary School PTA continues to be an outstanding example of teamwork and cooperation among parents, teachers, administration and the community. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the OAK GROVE ELEMENTARY SCHOOL PARENT -TEACHER ASSOCIATION for its recognition as the number one Parent-Teacher Association in Virginia; and BE IT FURTHER RESOLVED that the Board expresses its appreciation to the dedicated parents and teachers involved in the Oak Grove Elementary School PTA. r On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. A len, Clerk Roanoke County Board of Supervisors cc: File Resolutions of Congratulations File Dr. Deanna Gordon, School Superintendent t r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 23, 1995 ORDINANCE 52395-14 VACATING A PORTION OF THE RIGHT-OF-WAY KNOWN AS CAROLYN CIRCLE, THE RIGHT-OF-WAY KNOWN AS COPELAND DRIVE, AND ALL PUBLIC EASEMENTS LOCATED IN BLOCK 2, LOTS 29 AND 30, BLOCK 3, LOTS 1 THROUGH 4, AND BLOCK 1, LOTS 26 THROUGH 28 (PLAT BOOK 7, PAGE 43), SUGARLOAF HIGHLANDS, SECTION 1, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Frank D. Porter III and Beverly Porter have requested the Board of Supervisors of Roanoke County, Virginia to vacate a portion of the right-of-way and temporary cul-de-sac known as Carolyn Circle, the right-of-way known as Copeland Drive and all public easements located within Block 2, Lots 29 and 30, Block 3, Lots 1 through 4, and Block 1, Lots 26 through 28 in the Sugarloaf Highlands, Section 1 Subdivision in the Windsor Hills Magisterial District as shown in Plat Book 7, at page 43 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 May 9, 1995; and the public hearing and second reading of this ordinance was held on May 23, 1995. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That portion of the right-of-way and temporary cul-de-sac known as Carolyn Circle, the right-of-way known as Copeland Drive and all public easements located within Block 2, Lots 29 and 30, FA Block 3, Lots 1 through 4, and Block 1, Lots 26 through 28 in the Sugarloaf Highlands, Section 1 Subdivision in the Windsor Hills Magisterial District as shown in Plat Book 7, at page 43 of record in the Clerk's Office of the Roanoke County Circuit Court, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended. 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 Frank D. Porter III and Beverly Porter shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transac- tion and in addition, shall be responsible for all costs and expenses associated herewith. 4. That as a condition to the adoption of this ordinance, Frank D. Porter, III and Beverly Porter shall record a final subdivision plat of Longridge Subdivision in the Clerk's Office of the Roanoke County Circuit Court. This subdivision plat and recordation shall be subject to review and approval by the Roanoke County Subdivision Agent. 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. K, On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Paul M. Mahoney, County Attorney 3 ." W a, VICINITY JAP- 1 /A'Cs�rhD/ T-/ NORTH VF CAROLYN CI -- "".LvQ, rVaLLUN INEERINC & RCLE AND ALL EASM- NTS A PART OF BLOCK 1, IN_QDr/--rrA"r. , —_ _ _ LOTS 26 THROUGH 28- RT.nr_Y ) T'i%4M . ..., -- -- -- - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MAY 23, 1995 ORDINANCE 52395-15 TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN TRACTS OF REAL ESTATE CONTAINING 2.62 ACRES LOCATED AT 7210 FRANKLIN ROAD (TAX MAP NOS. 114.00-1-12; 114.00-1-11) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C- 21 CONDITIONAL, TO THE ZONING CLASSIFICATION OF AV, AND GRANTING A SPECIAL USE PERMIT IN ORDER TO OPERATE A CONTRACTOR'S STORAGE YARD, UPON THE APPLICATION OF KENNETH MCNEIL. WHEREAS, the first reading of this ordinance was held on April 25, 1995, and the second reading and public hearing were held May 23, 1995; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 2, 1995; 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 2.62 acres, as described herein, and located at 7210 Franklin Road (Tax Map Numbers 114.00-1-12 and 114.00-1-11) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-2, Conditional, General Commercial District, to the zoning classification of AV, Village Center District. 2. That this action is taken upon the application of Kenneth McNeil. 3. That the Board finds that the granting of a special use 1 permit to allow the operation of a contractor's storage yard located at 7210 Franklin Road in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 Compre- hensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 4. That the Board hereby grants a Special Use Permit to Kenneth McNeil to allow the operation of a contractor's storage yard located at 7210 Franklin Road in the Cave Spring Magisterial District. 5. That the owner has voluntarily proffered the following condition: (1) A wooden stockade -type fence shall be constructed on the site as generally shown on the screening plan submitted by Kenneth McNeil. This screening shall be modified in the following ways: (a) The wooden stockade fence, of a minimum height Of six feet, shall be installed. The fence shall be in a location, and shall be of a height sufficient, to screen all outside storage associated with the contractor's storage yard. After installation of the fence, no contractor's equipment or supplies shall be visible from Wilson Road or Franklin Road. Stockade type gates shall not be required so long as equipment and supplies are not visible from these roads. (b) The supporting structure of the fence shall be installed on the interior side of the fence. (c) The fence shall be perpetually maintained by the property owner to insure that the effectiveness of the screening is preserved. 6. That said real estate is more fully described as follows: Parcel I BEGINNING at a point on the southeasterly side of U. S. Route 220 (Franklin Road, S.W.), said point being corner to the property of Garland H. Overfelt (Deed Book 1024, P�l page 68); thence with said Route 220, N. 380 25' E. 157.88 feet to an old iron pin, corner to property of Claude Eggleston, et us (Deed Book 1085, page 445); thence leaving said Route 220, and with the line of Eggleston, S. 600 56' 50" E. 340.64 feet to a point on the line of property of David W. Milani (Deed Book 1242, page 918); thence with the same, S. 290 24' W. 264.05 feet to an old iron pin at fence corner, on the line of property of Robert M. Overfelt (Deed Book 1301, page 455); thence with the same, and with property of the aforesaid Garland H. Overfelt, N. 440 24' 50" W. 380.46 feet to the PLACE OF BEGINNING, and containing 1.72 acres, as shown on survey for Kenneth W. McNeil, dated March 7, 1990, prepared by Jack G. Bess, Certified Land Surveyor, a copy of which is attached hereto and made a part hereof; and further known as Official Tax No. 114.00-1-12; and BEING the same property conveyed unto the grantors herein by deed dated July 14, 1977, from Myrtle T. Arrington, widow, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1070, page 167. Parcel II BEGINNING at a point located at the southwest intersection of U. S. Route 220 (Franklin Road) and Virginia Secondary Route 900 (Wilson Road); thence with said Route 900 S. 24. 16' 05" E. 354.61 feet to a point on line of property of David W. Milam (Deed Book 1242, page 918); thence with the same, S. 29° 24' W. passing an old iron pin on line at 1.88 feet a total distance of 7.45 feet to a point, being corner to the property of Claude Eggleston, et ux (Deed Book 1070, page 167); thence with the same, N. 60' 56' 50" W. 340.64 feet to an old iron pin located on the southeasterly side of Route 220; thence with the same, N. 38. 15' E. 94.65 feet to a concrete monument; thence N. 47. 10' E. 132.4 feet to the PLACE OF BEGINNING, and containing 0.90 acres as shown on survey for Kenneth W. McNeil, dated March 7, 1990, prepared by Jack G. Bess, Certified Land Surveyor; and further known as Official Tax No. 114.00-1-11; and BEING the same property conveyed unto the grantors herein by deed dated July 7, 1977, from Charles David Rother, et ux, et al, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1085, page 445. 7. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts 3 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 with the condition as clarified in Mr. Harrington's memorandum, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: Supervisor Johnson A COPY TESTE: Mary H. Allen, 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 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 23, 1995 ORDINANCE 52395-16 GRANTING A SPECIAL USE PERMIT TO THE SCHOOL BOARD OF ROANOKE COUNTY TO EXPAND GLENVAR HIGH SCHOOL AT 4549 MALUS DRIVE (TAX PARCELS 54.02-4-1, 21 3), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the School Board of Roanoke County has filed a petition to allow the expansion of Glenvar High School at 4549 Malus Drive in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 2, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 25, 1995; the second reading and public hearing on this matter was held on May 23, 1995. 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 expansion of Glenvar High School located at 4549 Malus Drive in the Catawba Magisterial District is substan- tially 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 the School Board of Roanoke County to allow the expansion of Glenvar High School located at 4549 Malus Drive in the Catawba Magisterial District. 1 On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: JY Mary H. Allen, 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 Dr. Deanna Gordon, School Superintendent 2 i. . k o -R7 TAX MAP # 54.02-4-1, -2, -3 NORTH AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MAY 23, 1995 ORDINANCE 52395-17 TO CHANGE THE ZONING CLASSIFICATION OF A 1.9 ACRE TRACT OF REAL ESTATE LOCATED AT 3326 WEST MAIN STREET (TAX MAP NO. 55.03-1-2) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION OF I-2, UPON THE APPLICATION OF JERRY MULLINS. WHEREAS, the first reading of this ordinance was held on April 25, 1995, and the second reading and public hearing were held May 23, 1995; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 2, 1995; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 1.9 acres,, as described herein, and located at 3326 West Main Street (Tax Map Number 55.03-1-2) in the Catawba Magisterial District, is hereby changed from the zoning classification of C-1, Office District to the zoning classification of I-2, Industrial District, Conditional. 2. That this action is taken upon the application of Jerry Mullins. 3. That the owners voluntarily proffered in writing the following conditions: (1) No work -in -progress material, scrap, or storage of 1 product will be visible from U. S. 460. (2) The property will not be used for major automobile repair services, meatpacking, and related industries, recycling centers and stations, scrap and salvage services. 4. That said real estate is more fully described as follows: BEGINNING at an old pin situate on the south side of Lee Highway (U.S. Route 11 and 460) which is 80 feet side; thence with the line of property now or formerly owned by William R. and Roseanne C. Brown and a fence line S 14 deg. 36' 48" East 233.20 feet to an old pin; thence the following four calls with tract "B". Fort Lewis Industrial Park, Plat Book 9, page 402, S 70 deg. 12' 45" W. 19.05 feet to an old pin; S 17 deg. Olt 20" E. 34.83 feet to an old pin; S 57 deg. 56' 46" W 106.96 feet to an old pin and S 67 deg. 44' 48" W 149.29 feet to an old pin situate on a fence line and also on the line of Lot 25, Fort Lewis Estates, Plat Book 3, page 51; thence with the East line of Lot 25 and Lot 1, Fort Lewis Estates, N 14 deg. 24' 12" W 347.56 feet to a fence post situate on the south side of U. S. Route 11 and 460; thence with the south side of U. S. Route 11 and 460 N 80 deg. 56' 58" E 267.50 feet to the point of BEGINNING, containing 1.897 acres, as shown on a plat of survey for Joseph C. Thomas made by T. P. Parker & Son, Engineers and Surveyors, dated April 13, 1989, a copy of which is recorded in the Circuit Court Clerk's Office of the County of Roanoke, Virginia in Deed Book 1307, page 239. 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 Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix 2 NAYS: None A COPY TESTE: Mary H. A len, 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 3 T-� NORTH n 'r I tZZA 4 3 • L39AC 1 !' ,� • .. • io �, .' A '360 . •. Fo,' C-1 r1.04Ae 38 4.92 j„e S _ 3Q�tD 7145 ,. L45Ae i t iw !wr UL \ �j _ 1 •" rl� arr •�y ! " ,JO y,4 \ c loll sr \ i �i it 1 ��► 1�\ .• i'�,,... s !1>'o ` Ti� "•t•` "� ` rw 9 8l,i! 1.0111e101 L2Ae 1 �«• .. '. L12ACC1 .1. • I r `•i ! 14 v - LO6AC .r a a M �y3t 4 IL,ao 129 At t >: LOO•AC ~ 218 Ac l„O JA.Jil 3 131 111 JA. t. ` IAAC 3 10 2 _ _yr•• (1 S.ISAe 10 9 1, II ? 13 J X12 •�11 i p 4.T3Ae��' 9.lIA/ 2.66AC R t .•' 3351 Loom 306 ,c ;• r 3.48Ac r �/ 7.94 Ac 24 2S 1 2 63A 6.94AC 101 i S.20AC 00. 1 � ss DEPARTMENT OF PLANN= AND ZONIM .99AC JERRY W. MULLINS TAX MAP # 55.03-1-2 I 10.9TAe / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MAY 23, 1995 ORDINANCE 52395-18 TO CHANGE THE ZONING CLASSIFICATION OF A 1.23 ACRE TRACT OF REAL ESTATE LOCATED AT 123 JOHN RICHARDSON DRIVE (TAX MAP NO. 38.16-1-8) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2 TO THE ZONING CLASSIFICATION OF R-1 UPON THE APPLICATION OF THE ROANOKE COUNTY PLANNING COMMISSION WHEREAS, the first reading of this ordinance was held on April 25, 1995, and the second reading and public hearing were held May 23, 1995; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 2, 1995; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 1.23 acre, as described herein, and located at 123 John Richardson Drive, (Tax Map Number 38.16-1-8) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2, General Commercial District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of the Roanoke County Planning Commission. 3. That said real estate is more fully described as follows: BEGINNING at a 45 inch white oak in the southerly side of the Hershberger Road (State Sec. Rte. 625) at the west 1 end of an iron bridge over Carvins Creek, said beginning point being an original corner of the 45 -acre tract, property of Julia B. Stone, thence along the original outside line of the aforesaid 45 -acre tract and along the lines of the properties of O. D. Ross and A. W. Coon, running with the west and south bank of Carvins Creek the following four courses and distances: S. 10 deg. 00" E. 120.0 feet, S. 69 deg. 00' E. 167.0 feet, N. 57 deg. 00' E. 220.0 feet, and N. 87 deg. 00' E. 103.9 feet to a point; thence leaving the line of the property of A. W. Coon and along a new line through the Julia B. Stone property n. 25 deg. 38' W., crossing the center of Carvins Creek at 60 feet, passing an iron pipe on the north bank of the Creek by the fence at 112.8 feet, passing an iron pipe by a fence corner post on the southerly side of the road at 189.8 feet, in all a total distance of 206.5 feet to a point in the center of the Hershberger Road; thence with the same the following three courses and distances: S. 74 deg. 49' W. 66.7 feet; S. 65 deg. 31' W. 171.7 feet; S. 77 deg. 42' W. 155.4 feet crossing the steel bridge over Carvins Creek to a point in the center of the road at the westerly abutment of the bridge; thence S. 14 deg. 50' W. 11.7 feet to the Place of Beginning, containing 1.84 acres, being a southwesterly portion of the 45 -acre tract conveyed to Julia B. Stone by deed of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, which is shown by plat made by C. B. Malcolm and David Dick, SCES, dated February 8, 1940. 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 Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Rohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: 2 Mary H. Allen, 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 3 DEPARnMgT OF PIrANNING RC PLAN. COMM. (ROSELAND OBENSHAIN) AND ZONING s` TAX # 38.16-1-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 23, 1995 ORDINANCE 52395-19 DENYING A SPECIAL USE PERMIT TO VIRGINIA TOWERS INC. TO CONSTRUCT A BROADCAST TOWER ATOP READ MOUNTAIN APPROXIMATELY .4 MILE NORTH OF SUMMIT RIDGE ROAD, (TAX PARCEL 39.00-1-1), HOLLINS MAGISTERIAL DIS- TRICT WHEREAS, Virginia Towers Inc. has filed a petition to allow the construction of a broadcast tower atop Read Mountain approximately .4 mile north of Summit Ridge Road in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 2, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on January 24, 1995; the second reading and public hearing on this matter was held on May 23, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor ;§f@M to deny the special use permit, and carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Minnix NAYS: Supervisors Kohinke, Eddy A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 1 r � 913 r 9URvTE O' f HGHTS. �? segs% ROANOKE CCTUNTY 621 '/600 `u • O a1=.rwgw Beacon � rOPw ST./, T MqUUncw CCL w sX= 0. C 16 � x2000 10 . x �• M VICINITY MAP of Rte• NORTH A AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MAY 23, 1995 ORDINANCE 52395-20 TO CHANGE THE ZONING CLASSIFICATION OF A 3.06 ACRE TRACT OF REAL ESTATE LOCATED AT 5240 HOLLINS ROAD (TAX MAP NO. 39.05-1-10) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF I- 1, CONDITIONAL, AND C-11 CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-1 UPON THE APPLICATION OF REFORMATION HERALD PUBLISHING ASSOCIATION WHEREAS, this property was rezoned to I-1, Conditional, and C-1, Conditional in 1986; and WHEREAS, the first reading of this ordinance was held on March 28, 1995, and the second reading and public hearing were held April 25, 1995; and continued until May 23, 1995; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 4, 1995; 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 3.06 acres, as described herein, and located at 5240 Hollins Road, (Tax Map Number 39.05-1-10) in the Hollins Magisterial District, is hereby changed from the zoning classification of I-1, Conditional, and C-1, Conditional, Industrial District and Office District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of 1 Reformation Herald Publishing Association. 3. That the owner voluntarily petitions the Board of Supervisors to repeal the conditions, voluntarily proffered by the owner in 1986. The Board of Supervisors hereby repeals and removes the proffered conditions from this real estate. 4. That said real estate is more fully described as follows: BEGINNING at an iron pin on the west side of Hollins Road (Va. Sec. Rte. 601) which point is the corner to the Nadine K. Noell property and is designated as 112" on the Plat Showing Property (3.06 Ac.) Being Conveyed to Reformation Herald Publishing Association," dated December 31, 1985, revised June 6, 1986, and prepared by Buford T. Lumsden & Associates, P.C., Engineers and Surveyors; the true place of beginning; thence N. 77° 10' 33" W. 300 feet to a corner marked by an iron pin on the line of the Dowdy property; thence with the Dowdy line N. 110 21' 00" E. 166.36 feet to an iron pin being designated as 114" on the plat; thence S. 800 57' 00" E. 300 feet to a point; thence with a new division line S. 110 18' 22" W. 186.12 feet to the Place of BEGINNING, and containing 1.21 acres. BEGINNING at an iron pin on the west side of Hollins Road (Va. Sec. Rte. #601) which point is the corner to the Nadine K. Noell property and is designated as 112" on the Plat Showing Property (3.06 ac.) Being Conveyed to Reformation Herald Publishing Association, dated December 31, 1985, revised June 6, 1986, and prepared by Buford T.Lumsden & Associates, P.C., Engineers -Surveyors; thence with the Noell property N. 770 10' 33" W. 413.51 feet to a point; thence with a new division line N. 11° 18' 22" E. 186.12 feet to a point; thence with the property of Seventh Day Adventist Reform Movement General Conference S. 80. 571 00" E. 394.30 feet to an iron pin on the west side of Hollins Road; thence with the west side of Hollins Road S. 60 6' 00" W. 213.48 feet to the place of BEGINNING and containing 1.85 acres. 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 2 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, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Kllen, 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 3