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HomeMy WebLinkAbout9/23/1997 - 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 23, 1997 RESOLUTION 092397-1 OF CONGRATULATIONS TO KPMG PEAT MARWICK LLP ON THEIR 100TH ANNIVERSARY AND IN RECOGNITION OF THEIR CONTRIBUTIONS TO THE ROANOKE VALLEY WHEREAS, KPMG has over 800 offices in 125 countries with 76,000 professionals providing accounting, auditing and consulting services, and WHEREAS, KPMG Peat Marwick LLP has 135 offices throughout the United States, including, for over 25 years, an office in the Roanoke Valley with approximately 40 professionals serving over 35 businesses, agencies and governmental organizations, and WHEREAS, KPMG Peat Marwick LLP personnel have served as volunteers in the community for charitable and civic organizations including the YMCA, Junior Achievement, Roanoke Jaycees, Literacy Volunteers, Kiwanis, Rotary and other agencies; and have provided financial support to organizations such as the United Way, Explore Park, Center in the Square, and the New Century Council; and WHEREAS, on September 22, 1997, in recognition of their 100th anniversary, KPMG Peat Marwick LLP closed all their offices in the United States, and their 20,000 partners and employees performed various community services in their localities. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, offers its sincere congratulations to KPMG Peat Markwick LLP upon the occasion of its 100th anniversary; FURTHER, the Board of Supervisors expresses its deepest appreciation to the employees of KPMG Peat Markwick LLP, especially those in the Roanoke Office, for honoring this important milestone in such a caring and sharing manner by volunteering their services Ll to the citizens and organizations of the Roanoke Valley. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Resolutions of Congratulations File 2 A- 092397-2 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: September 23, 1997 AGENDA ITEM: Appropriation of Revenue Sharing Fund to Botetourt County COUNTY ADMINISTRATOR'S COMMENTS: 14 SUMMARY OF INFORMATION: On August 25, 1988 Roanoke County and Botetourt County signed a revenue sharing agreement for revenues generated from a joint industrial development park located partly in Botetourt County and partly in Roanoke County. The agreement stipulates that the two counties will share equally in local real estate, personal property, machinery and tools, business license and any other taxes collected on the businesses located in this industrial park. Over the years Roanoke County's Commissioner of Revenue Department has remitted to Botetourt County their portion of personal property, machinery and tools, and business license tax. However, the portion owed on the real estate tax was not remitted to Botetourt County. In addition, Botetourt County has collected tax on businesses located on the Botetourt County side of the industrial park that have not been remitted to Roanoke County. Attached is an analysis of the real estate taxes that are owed to Botetourt County less the taxes that are owed from Botetourt County to Roanoke County. These net to a payment due Botetourt County of $158,280.86. FISCAL IMPACT: Because these taxes were collected in prior fiscal years and recorded as revenue for the County of Roanoke, it is now necessary to appropriate $158,280.86 from the unappropriated balance in order to make this payment to Botetourt County. STAFF RECOMMENDATION: Staff recommends appropriated $158,280.86 from the unappropriated balance and to pay Botetourt County the past revenue sharing funds that are owed. In the future this analysis will be done as part of the year end closing procedures. M:\FINANCE\COMMON\BOARD\9-23-97.WPDM:\FINANCE\COMMON\BOARD\9-23-97.WPD September 17, 1997 SUBMITTED BY: Z Diane D. Hyatt Director of Finance APPROVED: &�L A Elmer C. Hodge County Administrator E - i ----------------------------------------------- ACTION VOTE Approved (x) Motion by: Supervisor Johnson No Yes Absent Denied ( ) to appropriate the funds Eddy _ Received ( ) Harrison Referred ( ) Johnson To ( ) Minnix Nickens cc: File Diane Hyatt, Finance Director Tim Gubala, Economic Development Director M:\FINANCE\COMMON\BOARD\9-23-97.WPDM:\FINANCE\COMMON\BOARD\9-23-97.WPD September 17, 1997 Taxes Assessed By Roanoke County - Jack Smith Industrial Park Parcel 40.01-1-17.1,2 Real Estate: Year Owner Assessment Taxes 1990 Tweeds, Inc. 435,000 $ 5,002.50 1991 Tweeds, Inc. 5,776,700 65,276.71 1992 Tweeds, Inc. 5,937,700 67,096.01 1993 Tweeds, Inc. 5,915,000 66,839.50 1994 Tweeds, Inc. 5,925,100 66,953.63 1995 Blue Ridge Associates 6,017,600 67,998.88 1996 Blue Ridge Associates 5,331,000 60,240.30 Total Taxes Assessed By Roanoke County 399,407.53 Taxes Assessed by Botetourt County - Jack Smith Industrial Park Real Estate: 1990 DVW 30,200 226.50 1991 DVW, McCormack 198,800 1,491.00 1992 DVW, McCormack 204,500 1,533.75 1993 DVW, McCormack 291,500 2,186.25 1994 DVW, McCormack 291,500 2,186.25 1995 DVW, McCormack 291,500 2,186.25 1996 DVW, McCormack, Kegley 504,500 3,783.75 13,593.75 Business License: 1992 Security Transport and Delivery 1,337.84 1993 Security Transport and Delivery 1,643.99 1994 Security Transport and Delivery 1,853.54 1995 Security Transport and Delivery 2,369.59 1996 Security Transport and Delivery 2,499.89 9,704.85 Personal Property: 1992 Security Transport and Delivery 4,092.68 1993 Security Transport and Delivery 4,450.63 1994 Security Transport and Delivery 5,423.08 1995 Security Transport and Delivery 6,848.68 1996 Security Transport and Delivery 6,093.79 26,908.86 Total Taxes Assessed By Botetourt County 50,207.46 Amount Due Botetourt County Total Assessed by Roanoke County 399,407.53 Total Assessed by Botetourt County (50,207.46) Difference 349,200.07 Difference divided by two: 174,600.04 Less payment made onTJune 27, 1991 (16,319.18) Amount Due: $ 158,280.86 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 1997 RESOLUTION 092397-3 TO ADVANCE FUNDS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH THE ACQUISITION, RENOVATION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS FOR SCHOOL PROJECTS WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County Board") adopted a resolution on August 19, 1997 declaring its intention to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and/or to be made in connection with the acquisition, renovation, construction and equipping of certain capital improvements for school projects, and WHEREAS, the School Board (the "School Board") of the County of Roanoke, Virginia (the "County") adopted a resolution on August 28, 1997 declaring its intention to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and/or to be made in connection with the acquisition, renovation, construction and equipping of certain capital improvements for school projects, and WHEREAS, The School Board has requested an advance of $ 50,000 for environmental assessments, advertising costs for architects and engineers, core drillings, and other costs related to the acquisition of land in South County, NOW THEREFORE BE IT RESOLVED that the County Board will advance the sum of $50,000 to the School Board for environmental assessments, advertising costs for architects and engineers, core drillings, and other costs related to the acquisition of land in South County. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: —;y - Mary H. Allen, CMC Clerk to the Board cc: File Diane Hyatt, Finance Director Brent Robertson, Budget Manager Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk to the School Board Martin Robison, Assistant School Superintendent 2 A-092397-4 Item No. E-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VIRGINIA, ON TUESDAY, MEETING DATE: September 23, 1997 AGENDA ITEM: Request for approval of expenditures from Public -Private Partnership Funds on behalf of PD Lodging Associates COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: This is a request to expend $78,148 for public purposes on behalf of the location of a new motel (Hampton Inn) on Plantation Road in the Hollins Magisterial District. BACKGROUND: PD Lodging Associates has worked with staff to determine an appropriate location of a new motel (Hampton Inn) in Roanoke County. A suitable site has been located on the west side of Plantation Road .3 of a mile from I-81. The authorization of the expenditure of Public - Private Partnership funds is a contributing factor in this location and will assist PA Lodging Associates by funding $74,148 which is 50% of the $156,296 connection fee for water, sanitary sewer and fire service. In return, PA Lodging Associates will construct a three- story, 60 -room motel with an indoor swimming pool, fitness center and meeting rooms. Estimated total investment for this project is $3,465,000. Total projected annual revenue subject to transient occupancy tax is estimated to be $1,100,475. Estimated annual taxes generated from all sources have been calculated at $87,717. Staff reviewed the request for assistance and found that it meets the Public -Private Partnership Policy criteria with an estimated return of taxes paid back within the first year. FISCAL IMPACT• Funds in the amount of $74,148 are available within the Economic Development Public - Private Partnership fund for this project. ALTERNATIVES: 1. Approve the expenditure of $74,148 of Public -Private Partnership funds on behalf of PD Lodging Associates, Inc. 2. Do not fund the request. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve alternative no. 1. Respectfully submitted: Timothy W. Gubala, Director Department of Economic Development Approved: Elme C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: supervisor Johnson No Yes Absent Denied ( ) to approve $74,248 in public- Eddy _ Received ( ) private partnership funds Harrison x_ Referred ( ) _ Johnson _x To ( ) _ Minnix _x Nickens X_ cc: File Diane Hyatt, Finance Director Brian Duncan, Assistant Eccnomic Development Director AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 1997 ORDINANCE 092397-5 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 20 -FOOT SANITARY SEWER EASEMENT ACROSS LOT 4, BLOCK 4, SECTION NO. 2 OF HOLLINS GARDENS WHEREAS, by subdivision plat entitled "Plat of Section No. 2 HOLLINS GARDENS", dated October 1, 1959 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 4, page 37, Dalton O., J. E., and J. D. Oyler, dedicated to public use a sanitary sewer easement, twenty feet (201) in width, across certain lots in the subdivision, including Lot 4, Block 4; and, WHEREAS, the petitioners, Jimmie R. Hollandsworth and Dorothy P. Hollandsworth, husband and wife, are the owners of Lot 4 and the easterly 10 feet of Lot 3, Block 4, Section No. 2 of Hollins Gardens, and designated on the Roanoke County Land Records as Tax Map No. 27.11-4-55; and, WHEREAS, a recent survey of said property reflects that the residential dwelling located thereon encroaches upon the west side of the existing 20' sanitary sewer easement; and, WHEREAS, the petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate a portion of the sanitary sewer easement; and, WHEREAS, by deed of easement dated June 6, 1996, and recorded in Deed Book 1532, page 1336, the petitioners have granted to the Board of Supervisors of County of Roanoke a new sanitary sewer easement across Lot 4, Block 4; and, 1 WHEREAS, the sum of $2,175.98 has been deposited with the Utility Department to cover the costs for relocation of the line and easement in order to meet the requirements of the Utility Department; and, WHEREAS, §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 §15.1-431 of the 1950 Code of Virginia, as amended, and first reading of this ordinance was held on September 9, 1997; and the public hearing and second reading of this ordinance was held on September 23, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of the 20' sanitary sewer easement across property owned by Jimmie R. Hollandsworth and Dorothy P. Hollandsworth, husband and wife, shown cross-hatched and designated as "EX. 20' SANITARY SEWER EASEMENT (P.B. 4, PG. 37)(TO BE VACATED)" upon the 'Plat Showing New Sanitary Sewer Easement Being Granted to the County of Roanoke by Jimmie R. Hollandsworth & Dorothy P. Hollandsworth' dated 23 February 1996, made by Lumsden Associates, P.C., a copy of which is attached hereto as Exhibit A, be, and hereby is, vacated; and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to, sewer line relocation costs, publication costs, survey costs and recordation of documents, shall be the responsibility of 2 the petitioners, Jimmie R. Hollandsworth and Dorothy P. Hollandsworth, or their successors or assigns; and, 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.1-482(b) of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Engineering and Inspections Terry Harrington, Planning and Zoning John Birckhead, Real Estate Assessment Paul Mahoney, County Attorney Gary Robertson, Utility Director 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 1997 ORDINANCE 092397-6 AUTHORIZING THE COUNTY ADMINISTRATOR TO GRANT THE RIGHT TO USE A COUNTY WATER LINE EASEMENT FOR PRIVATE SANITARY SEWER SERVICE BY CICERO H. HALL, JR. AND DORIS B. HALL WHEREAS, John M. Oakey, Inc., a Virginia corporation, is the owner of a certain parcel of land (Tax Map No. 112-(2)-B) on Alternate Route #220 located partially in the County of Roanoke and partially in the County of Botetourt, Virginia; and, WHEREAS, Roanoke County has an existing 20' water line easement running along the southern boundary line of the Oakey parcel granted by easement document dated February 8, 1990 of record in Deed Book 1320 at page 352; and, WHEREAS, Cicero H. Hall, Jr. and Doris B. Hall are the owners of a certain parcel of land (Tax Map No. 112-(2)-C) located east of and adjacent to the Oakey property, and the Halls need to acquire a 10' private sewer easement within the public easement in order to provide service to their property; and, WHEREAS, the proposed private easement does not conflict with the present or proposed County use of the existing water line easement; and, WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on September 9, 1997; and a second reading was held on September 23, 1997. THEREFORE BE IT ORDAINED by the Board of Supervisors of the 1 County of Roanoke, Virginia as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject private easement does not conflict with the specified public use of the easement, the form of the real estate interest in the subject water line easement renders it unacceptable and unavailable for other public uses, and and is hereby declared to be surplus; and, 2. That conveyance Cicero H. Hall, Jr. and Doris B. Hall of a 10' private sanitary sewer easement within the existing 20' water line easement, as shown upon the plat dated June 2, 1997, made by Shanks Associates, P.C., a copy of which is attached hereto, is hereby authorized. 3. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as may be necessary to accomplish the conveyance, all of which shall be on form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: ..4! G2.�. Mary H. Allen, CMC Clerk to the Board 2 cc: File Arnold Covey, Engineering and Inspection Terry Harrington, Planning and Zoning John Birckhead, Real Estate Assessments Paul M. Mahoney, County Attorney Gary Robertson, Utility Director 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 1997 RESOLUTION 092397-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for September 23, 1997, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Approval of Minutes - August 19, 1997 2. Confirmation of Committee Appointments to the Grievance Panel and the Commission for Senior and Challenged Citizens. 3. Request for acceptance of Hollins Court Circle into the Virginia Department of Transportation Secondary System. 4. Resolution of appreciation upon the retirement of George H. Altice, Jr., General Services Department. 5. Donation of 15 foot drainage easement on property owned by Brian M. & Ellen Hancock to the Board of Supervisors. 6. Acceptance of water and sanitary sewer facilities serving Lilies of the Gardens, Section 3. 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 resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Gary Robertson, Utility Director Bill Rand, General Services Director Arnold Covey, Engineering & Inspections ACTION N0. A- 092397-7.a 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 23, 1997 AGENDA ITEM: Confirmation of Committee Appointments to the Grievance Panel and the Commission for Senior and Challenged Citizens COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the September 9 ,1997 meeting, and should now be confirmed. Grievance Panel Supervisor Nickens nominated Cecil Hill to serve another two-year term which will expires September 27, 1999. Commission for Senior and Challenged Citizens Supervisor Harrison nominated Terry Conner and the Reverend Jim Reynolds. Supervisor Eddy nominated Denise Swanson and Dee. W. Pincock. Supervisor Nickens has nominated Donna Chewning and requested that her appointment be placed on the Consent Agenda. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed by the Board of Supervisors. Respectfully submitted, Mary H. Allen, CMC Clerk to the Board Approved by, �W Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Supervisor Minnix No Yes Absent Denied ( ) to approve confirmation of Eddy x Received ( ) committee appointments Harrison x Referred ( ) Johnson x To ( ) Minnix x Nickens x cc: File Joseph Sgroi, Human Resources John Chambliss, Assistant County Administrator Grievance Panel File Commission for Senior and Challenged Citizens File THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 23RD DAY OF SEPTEMBER 1997, ADOPTED THE FOLLOWING: RESOLUTION 092397-7.b REQUESTING ACCEPTANCE OF HOLLINS COURT CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY 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: Supervisor Minnix Yeas: Supervisors Eddy, Minnix, Harrison, Johnson Nays: None Absent: Supervisor Nickens A Copy Teste: Mary H. Allen, CMC Clerk to the Board CC: File Arnold Covey, Director, Engineering and Inspections Virginia Department of Transportation (Certified) i YA _(?g�q ry COCKE" LAK W W LL CEM - 0 C5 p 0 xz Uj 220 041nDANCE CIR. COI UNG 0 6tis pl- 00'. fae- - V p E 6 01 R 3n 4 A 4 -?Ajqq BR ANT HG7S. VICINITY 'o 27 eke —03 NORTH PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1) Hollins Court Circle - From the east cul-de-sac to the west intersection of Hollins Court Drive. LENGTH: (1) 0.05 MILES RIGHT OF WAY: (1) 50 FEET ROADWAY WIDTH: (1) 26 FEET SERVICE: (1) 3HOMES ROANOKE COUNTY HOLLINS COURT SECTION I ENGINEERING & INSPECTIONS DEPARTMENT M � § 2 0 ; ) 2 K 0i n r $ )C) C o / / \ � ■ z z k k § � r 6 3 2 � Q . » J � / / t K K z IL M ! I / o ) _ § = 3 B \ .. \ /` { c 3 ! A 3 0) k \ \ r ! 00 ) \ \ | U f co \ � \ ) m 4 3 k k ) k R 3 / ) ) ) ) ) . ) } / \ o / \ ! } cc/ } a E e e Z e ( , e E _/ B e e , e E§ . f \ 2 . » � / m \ / / k \o ; ) - . n - J G 0 � § 7 0 0 LL\ LLJ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 1997 RESOLUTION 092397-7.0 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GEORGE H. ALTICE, JR. FOR OVER TWENTY-THREE YEARS OF SERVICES TO ROANOKE COUNTY WHEREAS, George H. Altice, Jr. was first employed on July 16, 1973 as a Building Maintenance Man in the General Services Department, and has served since June 25, 1979 as Building Maintenance Supervisor; and WHEREAS, George H. Altice, Jr., 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 expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to GEORGE H. ALTICE, JR. for over twenty-three 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 Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: ae�J Mary H. Allen, CMC Clerk to the Board cc: File Resolution of Appreciation File Joseph Sgroi, Department of Human Resources ACTION NO. A -092397-7.d ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 1997 AGENDA ITEM: Donation of 15' drainage easement on property owned by Brian M. & Ellen Hancock (Tax Map No. 77.18-2-24) to the Board of Supervisors of Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: / el-L-ItIc/ SUMMARY OF INFORMATION: This consent agenda item involves acceptance of the following easement conveyed to the Board of Supervisors for drainage purposes, in connection with the Green Valley Bond Project, Cave Spring Magisterial District of the County of Roanoke: a) Donation of drainage easement, fifteen feet (15') in width, from Brian M. Hancock and Ellen J. Hancock, husband and wife, (Tax Map No. 77.18-2-24) as shown on a plat prepared by the Roanoke County Engineering Department, dated July 13, 1994, a copy of which is attached hereto. The location and dimensions of this easement have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this easement. submi Arnold Covey, Director Engineering & Inspections Approved, Elmer C. Hodge County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Supervisor M°nnix to accept easement cc: File Gary Robertson, Utility Director Arnold Covey, Engineering & Inspections VOTE No Yes Absent Eddy Harrison Johnson x Minnix x Nickens x METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. PROPERTY OF RICHARD W. & CECIL K. REESE TAX MAP No.77.18-2-25 Z PROPERTY OF H. & B. ASSOCIATES TAX MAP No.77.18-5-1 PROPERTY OF BRIAN M. & ELLEN HANCOCK (P.B.3, PG.153) PROPOSED 15' DRAINAGE ESMT. TAX MAP N0._�� 18-2-24 X90 'mss, EXIST. 5' D.E. ,\\ XN mw PROPERTY OF JAMES B. SINK TAX MAP No.77.18-2-23 SCALE: -l"-40' PLAT SHOWING PROPOSED DRAINAGE EASEMENT BEING CONVEYED TO ROANOKE COUNTY BY BRIAN M. & ELLEN HANCOCK PREPARED BY- ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 07-13-94 G:\CAD\PLATS\7718223 ACTION # A- 092397-7.e 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 23, 1997 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Lilies of the Gardens, Section 3 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Lilies of the Gardens, Section 3, Strauss Construction Corporation, have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sewer facilities are installed, as shown on plans prepared by Lumsden & Associates, P.C. entitled Lilies of the Gardens, Section 3, which are on file in the County Engineering Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $26,000 and $40,000 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Lilies of the Gardens, 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 Roberton, P.E. Utility Director Elmer C. Hodge County Administrator -------------------------- ACTION Approved (x) Motion by: Supervisor Minnix Denied ( ) to approve acceptance of water Received ( ) and sanitary sewer facilities Referred ( ) To ( ) cc, File Gary Robertson, Utility Director Arnold Covey, Engineering & Inspections VOTE No Yes Absent Eddy Harrison_ Johnson x Minnix X_ Nickens —_ THIS CHATTEL DEED, made this 22nd day of „B,ugust , 19 —92—, by and between: Strauss Con ton corporation , a Vi 'nia corporation, hereinafter referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the "Board," party of the second part. :WITNESSETH: , THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acknowledged, 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 belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and 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, described and designated as follows, to wit: Page I of 4 As shown on the plan entitled Lilies of the Gardens- Section 3 , made by Lumsden & As pciates P C and on file in the Roanoke County Engineering Department. 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, 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, on the day of , 19 Page 2 of 4 Developer: By: As: WITNESS THE FOLLOWING signatures and seals: W State of: Virginia. County/City of. Roanoke , to wit: The foregoing instrument was acknowledged before me this: 22nd _, day of August 19 97 , By: Steven S. Strauss Its President Duly authorized officer Title on behalf of Strauss Con$Lruction Corporation Notary Public / My Conunission expires: Page 3 of 4 Approved as to form: Board of Supervisors of Roanoke County, Virginia By: (SEAL) County Attorney Elmer C. Hodge County Administrator State of. Virginia County/City of Roanoke , to wit: The foregoing instrument was acknowledged before me this: day of , 19 , by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: Page 4 of 4 � GftlnfN o rt� xui [°fY1 M K ,,,xf f,eoY W°xK IY4`Y. . 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ROANOKE COUNTY UTILITY DEPARTMENT �1 f�� ( T✓s. � vi xLl 14. ,ax��R_NK Ixeil L f / L ACCEPTANCE OF WATER AND SEWER FACILITIES SERVING LILIES OF THE GARDEN, SECTION 3 n i , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON SEPTEMBER 23, 1997 RESOLUTION 092397-8 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 Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board 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 23, 1997 ORDINANCE 092397-9 GRANTING A SPECIAL USE PERMIT TO MICHAEL PRUDEN FOR CFW WIRELESS TO CONSTRUCT A COMMUNICATIONS TOWER AT 6332 FRANKLIN ROAD (TAX MAP NO. 107.00-2-19), CAVE SPRING MAGISTE- RIAL DISTRICT WHEREAS, Michael Pruden for CFW Wireless has filed a petition to construct a communications tower located at 6332 Franklin Road (Tax Map No. 107.00-2-19) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 5, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 22, 1997; the second reading and public hearing on this matter was held on August 19, 1997, and this matter was continued to September 23, 1997. 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 Michael Pruden for CFW Wireless to construct a communications tower located at 6332 Franklin Road (Tax Map No. 107.00-2-19) in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: 1. The height of the tower structure, excluding any antenna attached to the structure, shall not be more than 152 feet. No microwave or other dish type antenna shall be allowed on the tower. This structure shall be constructed to accomodate a structure capable of being increased to 195 feet; however, the tower structure shall not be increased to 195 feet unless the increase is required to accomodate co -location of equipment for another vendor/provider, and any increase shall be subject to an additional special use permit application. 2. The tower structure and all attached support hardware shall be painted a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. 3. No lighting shall be installed on the tower structure or equipment building except for security lighting not to exceed a height of 25 feet in height. 4. This tower shall be structurally designed to carry sufficient loading and the site developed to accommodate the additional buildings necessary to accommodate co - locating of communications equipment of at least one other vendor/provider in order to minimize the proliferation of towers in the vicinity of this site. In addition, by executing the special use permit requested, the applicant agrees to make the tower available for lease within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required for the additional capacity. 5. If the use of the tower structure for wireless communications is discontinued, the tower structure shall be dismantled and removed from the site within 30 days of notice by the County and the special use permit shall become void. 6. Any damage to the existing road, resulting from the construction or operation of the tower, shall be repaired at the expense of the petitioner. 7. Public emergency communications equipment shall be accommodated at no expense to the County. 8. The applicant shall install a locked gate at the entrance to the private right-of-way. 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. 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 revised conditions, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens A COPY TESTS: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Engineering and Inspection Terry Harrington, Planning and Zoning John Birckhead, Real Estate Assessments Paul M. Mahoney, County Attorney A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 23, 1997 ORDINANCE 092397-10 TO CHANGE THE ZONING CLASSIFICATION OF A 0.33 -ACRE TRACT OF REAL ESTATE LOCATED AT 3534 BRAMBLETON AVENUE (TAX MAP NO. 77.10-6-9) IN THE CAVE SPRING MAGIS- TERIAL DISTRICT FROM THE ZONING CLASSIFICA- TION OF C-1 TO THE ZONING CLASSIFICATION OF C-2 IN ORDER TO OPERATE A PET BUSINESS, UPON THE APPLICATION OF ALEX M. NELSON AND BETTY L. NELSON WHEREAS, the first reading of this ordinance was held on August 19, 1997, and the second reading and public hearing were held September 23, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 1997; 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 0.33 acre, as described herein, and located at 3534 Brambleton Avenue (Tax Map Number 77.10-6-9) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classifica- tion of C-2, General Commercial District. 2. That this action is taken upon the application of Alex M. Nelson and Betty L. Nelson. 3. That said real estate is more fully described as follows: BEING the major part of Lot 10, Block 2, Mount Vernon Heights, as shown on survey for Alex M. Nelson and Betty L. Nelson, made by T.F. Parker & Son, LS, dated April 21, 1997, and further described as Tax Map No. 77.10-6-9. 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 Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Engineering and Inspection Terry Harrington, Planning and Zoning John Birckhead, Real Estate Assessments Paul M. Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 23, 1997 ORDINANCE 092397-11 TO CHANGE THE ZONING CLASSIFICATION OF A 1.01 -ACRE TRACT OF REAL ESTATE LOCATED BEHIND CARILION FAMILY MEDICINE ON BRAMBLETON AVENUE (TAX MAP NO. 77.09-4- 52.1) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C- DC TO THE ZONING CLASSIFICATION OF C-2 UPON THE APPLICATION OF CARILION HEALTH CORP., INC. WHEREAS, the first reading of this ordinance was held on August 19, 1997, and the second reading and public hearing were held September 23, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 1997; 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 1.01 acres, as described herein, and located behind Carilion Family Medicine on Brambleton Avenue (Tax Map Number 77.09-4-52.1) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of C -2C, General Commercial District, Conditional, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Carilion Health Corp., Inc. 3. That in 1984 rezoning of this property the owner of the property voluntarily proffered in writing the following conditions 1 which the Board of Supervisors of Roanoke County, Virginia, accepted and the Petitioner/Owner is now requesting be removed: 4. That the owner of the property voluntarily proffers in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 5. That said real estate is more fully described as follows: BEGINNING at an iron pin located at the southeast corner of the property of Thomas R. Watkins and Linda W. Watkins as shown on survey made by T. P. Parker & Son, E&S, dated May 15, 1979, a copy of which survey is of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1132, page 453; thence along the eastern line of the property of Watkins, N. 324 00' W. 150.0 feet to a point located on the line of the 14.68 acre tract conveyed to Southern Land Company; thence with same, N. 584 00' E. 330.0 feet to a point; thence along a new line through the property of Southern Land Company, S. 32 4 00' E. 110.0 feet to a point located at the northeast corner of the property of Charles R. F Simpson and Naomi G. Simpson as shown on plat made by T. P. Parker & Son, E&S, dated June 18, 1980, of record in the Clerk's Office aforesaid in Deed Book 1147, page 748; thence with the property of Simpson, S. 584 00' W. 130.0 feet to a point; thence S. 324 00' E. 40.0 feet to a point located on the line of the property described as Moore's Building Supply; thence with same, S. 584 00' W. 200.0 feet to the Place of Beginning, and containing 1.01 acres, and being further described as Tax Map No. 77.09-4-52.1. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance with condition #1 removed, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Engineering and Inspection Terry Harrington, Planning and Zoning John Birckhead, Real Estate Assessments Paul M. Mahoney, County Attorney fl AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 1997 ORDINANCE 092397-12 GRANTING A SPECIAL USE PERMIT TO VALLEY WORD MINISTRIES TO EXPAND THE EXISTING FACILITY LOCATED AT 1928 LOCH HAVEN DRIVE (TAX MAP NO. 36.07-1-4.1), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Valley Word Ministries has filed a petition to expand the existing facility located at 1928 Loch Haven Drive (Tax Map No. 36.07-1-4.1) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 2, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 19, 1997; the second reading and public hearing on this matter was held on September 23, 1997. 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 Valley Word Ministries to expand the existing facility located at 1928 Loch Haven Drive (Tax Map No. 36.07-1-4.1) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1- 456 of the 1950 Code of,Virginia, as amended, and said Special Use Permit is hereby approved. 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. 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 Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Engineering and Inspection Terry Harrington, Planning and Zoning John Birckhead, Real Estate Assessments Paul M. Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 23, 1997 ORDINANCE 092397-13 AUTHORIZING A SPECIAL USE PERMIT FOR A FIVE YEAR PERIOD TO ALLOW SUMMER CONCERTS TO BE HELD AT VALLEYPOINTE (TAX MAP NO. 37.07-1-14.6) IN THE HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF THE EASTER SEAL SOCIETY OF VIRGINIA, INC. WHEREAS, the first reading of this ordinance was held on August 19, 1997, and the second reading and public hearing was held September 23, 1997; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 1997; 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 a special use permit for a five year period ending September 30, 2002, allowing summer concerts to be held from April until September of each year on a certain tract of real estate containing approximately 2.4 acres (Tax Map Number 37.07-1-14.6) located at Valleypointe Corporate Development Community in the Hollins Magisterial District is hereby authorized. 2. That the applicant has voluntarily proffered the following conditions on the special use permit which the Board of Supervisors hereby accepts: (1) Applicant shall be responsible for complying with all Use and Design Standards contained in § 30-87-3 of the Zoning Ordinance. Strategies for compliance shall be as generally outlined in the application materials dated November 13, 1992, and shall include the hiring of personnel to provide on-site security and direct traffic flow. Off-street parking areas shall be provided using off-street parking areas within Valleypointe. Adequate traffic lanes shall be preserved on all streets within Valleypointe. If parking is provided on Valleypointe Blvd., it shall be parallel parking only. (2) If the current site of the concert series becomes unavailable within the next five years due to the development of the property, the Zoning Administrator shall have the authority to approve an alternative site for the concert series within the corporate center. (3) The Special Use Permit shall run through the 2002 concert series. 3. That this action is taken upon the application of The Easter seal society of Virginia, Inc. 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. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: "41. Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Engineering and Inspection Terry Harrington, Planning and Zoning John Birckhead, Real Estate Assessments Paul M. Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 23, 1997 ORDINANCE 092397-14 TO CHANGE THE ZONING CLASSIFICATION OF A 0.65 -ACRE TRACT OF REAL ESTATE LOCATED 130 FEET NORTHWEST OF THE INTERSECTION OF PETERS CREEK ROAD AND NORTHRIDGE LANE (TAX MAP NO. 37.14-1-6) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF MARC I. WILSON WHEREAS, the first reading of this ordinance was held on August 19, 1997, and the second reading and public hearing were held September 23, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 1997; 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 0.65 acres, as described herein, and located 130 feet., northwest of the intersection of Peters Creek Road and Northridge Lane (Tax Map Number 37.14-1-6) in the Catawba Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of MARC I. 1 WILSON. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) No junk vehicles will be stored outside. 4. That said real estate is more fully described as follows: BEGINNING at a point on the west side of Northridge Drive, said point being the southeasterly corner of the Dallas R. Keith property and the northeasterly corner of the Mattie E. James property; thence, with a line between the Dallas R. Keith and the Mattie E. James property, S. 780 50' W. 274.1 feet to an old iron on the line of the Charlie Myers property; thence, with a line between the Charlie Myers property and the Mattie E. James property, S. 120 00' E. 119.15 feet to an iron; thence, with a new line through the Mattie E. James property, N. 720 00' E. 92.73 feet to an old axle, being a corner to the R.E. Lee property; thence, with a line between the R.E. Lee property and the Mattie E. James property, N. 700 49' 30" E. 198.53 feet to an old iron on the west side of Northridge Drive; thence with the west side of Northridge Drive, N. 22° 32' W. 82.08 feet to the BEGINNING, and containing 0.65 acre, and being further described as Tax Map No. 37.14-1-6. 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 Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson 2 NAYS: None ABSENT: Supervisor Nickens A COPY TESTS: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Engineering and Inspection Terry Harrington, Planning and Zoning John Birckhead, Real Estate Assessments Paul M. Mahoney, County Attorney 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 23, 1997 ORDINANCE 092397-15 TO CHANGE THE ZONING CLASSIFICATION OF APPROXIMATELY 22.01 ACRES OF REAL ESTATE LOCATED AT THE INTERSECTION OF FINNEY DRIVE AND ELIZABETH DRIVE (TAX MAP NOS. 71.10-1-8 AND 71.10-2-70) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATIONS OF AG -3 AND R-1 TO THE ZONING CLASSIFICATION OF R-1 UPON THE APPLICATION OF F. W. FINNEY CONSTRUCTION CORP. WHEREAS, the first reading of this ordinance was held on August 19, 1997, and the second reading and public hearing were held September 23, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 1997; 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 approximately 22.01 acres, as described herein, and located at the intersection of Finney Drive and Elizabeth Drive (Tax Map Numbers 71.10-1-8 and 71.10-2-70) in the Vinton Magisterial District, is hereby changed from the zoning classifications of AG -3, Agriculture/Rural Preserve District, and R-1, Low Density Residential District, to the zoning classification of R-1, Low Density Residential District. 1 2. That this action is taken upon the application of F. W. Finney Construction Corp. 3. That said real estate is more fully described as follows: Tax Map No. 71.10-1-8 Beginning at a point on Niagra Road, thence in a southeasterly direction 805 feet, more or less, to a point on the southerly side of an existing 10 foot road as shown on plat of conveyance to Noah Settles, dated July 24, 1975, thence S. 10 46' 18" W. 256.25 feet, more or less, to the actual place of beginning, thence S. 86° 50' E. 423.26 feet to a 24" maple; thence S. 43° 30' E. 287.95 feet to a set iron; thence S. 23° 01' 30" W. 375 feet to a set iron in black oak stump, thence N. 580 48' 10" E. 127.84 feet to a point; thence N. 1° 46' 18" E. 200.31 feet to a point, the actual place of Beginning and containing 9.44 acres, more or less. Tax Map No. 71.10-2-70 Beginning at a point being the southwest corner of Lot 20, as shown on the "Plat of River Ridge" being recorded in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book 11, page 2; thence N. 75° 27' 29" W. 279.88 feet to a point; thence N. 730 52' 29" W. 156.80 feet to a point; thence N. 610 54' 29" W. 136.20 feet to a point; thence N. 39° 55' 29" W. 151.30 feet to a point; thence N. 200 23' 29" W. 123.50 feet to a point; thence N. 441 50' 31" E. 243.80 feet to a point; thence N. 230 02' 59" E. 727.15 feet to an iron pin; thence with the outer boundary of Section 3, Montgomery Village, being recorded in the aforesaid Clerk's Office in Plat Book 7, page 76, S. 840 47' 36" E. 402.15 feet to a point; thence with a curve to the left with a radius of 383.47 feet, an arc length of 119.65 feet, a chord bearing of S. 31 05' 54" W., and a chord distance of 119.16 feet to a point; thence with a curve to the right with a radius of 25.00 feet, an arc length of 44.08 feet, a chord bearing of S. 44° 41' 00" W., and a chord distance of 38.59 feet to a point; thence with the outer boundary of the aforementioned "Plat of River Ridge" for the following seven courses: S. 5° 12' 24" W. 50 feet, N. 840 47' 36" W. 71.36 feet, S. 10° 03' 44" W. 815 feet, S. 76° 06' 40" E. 108.57 feet, S. 130 53' 20" W. 50 feet, S. 760 06' 40" E. 11.46 feet, and S. 130 53' 20" W. 150 feet to the Place of Beginning and containing 13.480 acres, more or less. 4. That this ordinance shall be in full force and effect 2 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 Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens A COPY TESTS: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Engineering and Inspection Terry Harrington, Planning and Zoning John Birckhead, Real Estate Assessments Paul M. Mahoney, County Attorney 3