HomeMy WebLinkAbout2/23/1999 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY
ADMINISTRATION CENTER FEBRUARY 23, 1999
RESOLUTION 022399-1 OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA AUTHORIZING THE THIRD AMENDMENT TO ROANOKE
VALLEY RESOURCE AUTHORITY MEMBERS USE AGREEMENT
WHEREAS, the Roanoke Valley Resource Authority (the "Authority"), the County
of Roanoke, Virginia (the "County"), the City of Roanoke, Virginia (the "City") and the Town
of Vinton, Virginia (the "Town") entered into the Roanoke Valley Resource Authority
Members Use Agreement dated October 23, 1991 (the "Members Use Agreement"), as
amended by the First Amendment to Roanoke Valley Resource Authority Members Use
Agreement, dated as of June 1, 1992, (the "First Amendment") and the Second
Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated as of
December 2, 1996, (the "Second Amendment"), among the Authority, the County, the City
and the Town under which the Authority agreed to acquire, construct and equip a regional
waste disposal system consisting of a landfill and transfer station and related structures
and equipment (the "System"), and to provide financing therefor in order to dispose of all
nonhazardous solid waste delivered to the System by or on behalf of the County, the City
and the Town (collectively, the "Charter Members"); and,
WHEREAS, the Authority issued its $33,830,000 Solid Waste Revenue Bonds,
Series 1992 (the "1992 Bonds") to finance the System; and,
WHEREAS, the Authority issued its $10,000,000 Revenue Refunding Bond, Series
1998 and its $10,000,000 Revenue Refunding Bond, Series 1999 (the "Refunding Bonds")
to refund portions of the 1992 Bonds and sold the Refunding Bonds to Crestar Bank (the
"Bank"); and,
WHEREAS, the Bank has requested that the Authority and the Charter Members
enter into a Third Amendment to Members Use Agreement (the "Third Amendment") in
order to provide that the provisions of the Members Use Agreement, as amended by the
First Amendment and the Second Amendment, applicable to the 1992 Bonds shall also be
applicable to the Refunding Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF ROANOKE, VIRGINIA:
1. Approval of Amendment. The Board of Supervisors hereby approves the
Third Amendment in substantially the form on file with the County Administrator. The
County Administrator and such officers and agents as he may designate are authorized
and directed to execute and deliver the Third Amendment and the Clerk to the Board of
Supervisors is authorized to seal and attest the Third Amendment with such changes as
such officers deem appropriate to carry out the purposes expressed therein.
2. Effective Date. This Resolution shall take effect immediately.
On motion of Supervisor Harrison to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Diane D. Hyatt, Director, Finance
Allan C. Robinson, Jr., Chairman, RVRA
John R. Hubbard, Chief Executive Officer
Mary F. Parker, CMC/AAE, Clerk, Roanoke City Council
Carolyn S. Ross, Clerk, Vinton Town Council
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 1999
RESOLUTION 022399-2 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
February 23, 1999, 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 3, inclusive, as follows:
1. Approval of Minutes - January 23-24, 1999, January 26, 1999.
2. Request from Social Services to increase County vehicle fleet for Welfare
Reform, Phase II.
3. Request to appropriate monies for Child Day Care Programs for the
Department of Social Services.
2. That the Clerk to the Board is hereby authorized and directed where required
by law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Nickens to adopt the Consent Resolution, and carried
by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
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A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Betty R. McCrary, Director, Social Services
John M. Chambliss, Assistant Administrator
Brent Robertson, Finance
Diane D. Hyatt, Director, Finance
John Willey, General Services
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A -022399-2.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: February 23, 1999
AGENDA ITEM: Request by Social Services to Increase County
Vehicle Fleet for Welfare Reform, Phase II
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: The Department of Social Services will begin Welfare
Reform, Phase II, in March. Phase II will focus on the "hard to
serve" population of the Temporary Assistance to Needy Families
Program. Those recipients remain unemployed, have substance abuse
problems, low education, mental illness, criminal convictions, and
a variety of other problems which inhibit employment. Phase II will
focus on securing employment for this group. Services to be
provided are intensive case management, multi -disciplinary
assessments, job readiness training and coping, job search, work
activity, increased education and training, day care,
transportation, counseling - just about anything needed to
facilitate employment. These activities are funded in the VIEW
program by 100% Federal money. The Department of Social Services
has received funding which can be used to purchase a car for staff
to use in provision of these services. (Currently, the department
has only 2 county vehicles, which are shared among 26 staff who are
required to use a car daily in the performance of their job. When
a county car is unavailable, staff uses personal vehicles and are
reimbursed mileage.) The request to the Board is to increase the
county vehicle fleet by one, allowing the Department of Social
Services to purchase a vehicle to be used in Welfare Reform - Phase
II.
FISCAL IMPACT: None. The money for purchase is 100. reimbursable
Federal money available to the locality by the State Department of
Social Services.
j-.' 10*1,,
STAFF RECOMMENDATION: Staff recommends increasing the County
vehicle fleet by one to allow the department of Social Services to
purchase a vehicle to be used in Welfare Reform - Phase II.
Respectfully submitted, App r ved by,
Betty 14. Mc rary, Ph.)D. Elmer C. Hodg
Director of Social Seces County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Harry C. Nickens to approve Johnson _ x
Denied () Harrison _ x _
Received () McNamara_ x _
Referred () Minnix _ x _
To () Nickens _ x _
cc: File
Betty R. McCrary, Director, Social Services
John M. Chambliss, Assistant Administrator
Brent Robertson, Finance
Diane D. Hyatt, Director, Finance
John Willey, General Services
A -022399-2.b
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: February 23, 1999
AGENDA ITEM: Request to Appropriate Monies for Child Day Care
Programs for the Department of Social Services
COUNTY ADMINISTRATOR'S COMMENTS: Aw�su� lr4p�
BACKGROUND: The Department of Social Services receives,
throughout the year, additional appropriations for public
assistance and services delivery. The State has made available
$100,000 additional Federal money for the Non -VIEW Day Care
Program. This money is 1000-. Federal money, no local match required.
The Department of Social Services cannot access these state funds
until the County has appropriated the same. The Board of
Supervisors is requested to appropriate $100,000 to the Social
Services budget and to appropriate the related revenues from the
State.
FISCAL IMPACT: None. The total amount for the additional funding
is 1000-. reimbursable Federal money available to the locality by the
State Department of Social Services.
STAFF RECOMMENDATION: Staff recommends appropriation of $100,000
to the Social Services budget for Non -VIEW day care.
R ectfully submitted,
21&- (P)w ( cc
Betty R.jMcCrary, Ph.D
Director of Social Ser kes
Im
Approved by,
Elmer C. Hod
County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
No Yes Abs
Motion by: Harry C. Nickens to approve Johnson _ x _
Harrison _ x _
McNamara_ x _
Minnix _ x
Nickens _ x
cc: File
Betty R. McCrary, Director, Social Services
John M. Chambliss, Assistant Administrator
Brent Robertson, Finance
Diane D. Hyatt, Director, Finance
John Willey, General Services
AT A REGULAR MEETING OF THE BOARD. OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, FEBRUARY 23, 1999
RESOLUTION 022399-3 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
WHEFkEAS, 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 member's knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the executive meeting to 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 Certification Resolution, and carried
by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CCM.AAE
Clerk to the Board of Supervisors
cc: File
Executive Session
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 1999
ORDINANCE 022399-4 GRANTING A SPECIAL USE PERMIT TO TRITON
PCS, INC. (AS LESSEE) AND OHIO STATE CELLULAR PHONE CO. (AS
OWNER) TO ALLOW THE EXTENSION OF AN EXISTING
BROADCASTING TOWER AT 4135 WEST MAIN STREET (TAX MAP NO.
54.04-1-10.1), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Triton PCS, Inc. has filed a petition to allow the extension from 120
feet to 160 feet of an existing broadcasting tower in order to collocate on the tower owned
by Ohio State Cellular Phone Co. located at 4135 West Main Street (Tax Map No. 54.04-1-
10.1) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
February 2, 1999; and made the following Findings of Fact:
(1) The proposed tower extension appears to meet the requirements set
forth in Section 30-87-2 of the Roanoke County Zoning Ordinance.
(2) The proposed tower extension is on property zoned 1-1 Industrial,
which has been designated as a preferable zoning district for this
use.
(3) The proposed tower extension is a collocation on an existing tower;
Roanoke County seeks to reduce the proliferation of towers by
encouraging such collocations.
(4) The use is not anticipated to have any impact on the provision of
public services (fire and rescue, police, utilities).
(5) The proposed tower extension is outside the critical view sheds of the
Appalachian Trail and Blue Ridge Parkway.
(6) The proposed tower extension is providing additional communications
options for the residents of the Roanoke Valley and people passing
through the area along a major transportation corridor.
(7) The proposed extension is located on a tower that previously
received approval, thus showing that this is a favorable location for
such a use.
1
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on January 26, 1999; the second reading and public hearing on this
matter was held on February 23, 1999.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board of Supervisors concurs in the Planning Commission "Findings
of Fact" and further finds that the granting of a special use permit to Triton PCS, Inc. , as
Lessee, and to Ohio State Cellular Phone Co., as Owner, to allow the extension of an
existing broadcasting tower from 120 feet to 160 feet in order to collocate on the tower
located at 4135 West Main Street (Tax Map No. 54.04-1-10.1) in the Catawba Magisterial
District is substantially in accord with the adopted 1999 Community Plan pursuant to the
provisions of § 15.2-2232 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 proposed tower, excluding any antenna attached to
the tower shall not exceed 160 feet above grade. Any extension of the
existing tower above 160 feet shall require a Special Use Permit.
(2) Any costs associated with relocating or modifying the tower and
related equipment resulting from the proposed widening of 1-81 shall
be the responsibility of the applicant and/or owner of the tower.
(3) The tower structure and all attached hardware shall be a flat matted
color so as to reduce visibility and light reflection.
(4) No lighting shall be installed on the tower structure. Security lighting
may be provided on site, at a height not to exceed 25 feet.
(5) This tower shall be structurally designed to carry sufficient loading
and the site shall be developed to accommodate the additional
equipment necessary for at least two other vendors/providers in order
to minimize the proliferation of towers in the vicinity of the site. In
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addition, by executing the Special Use Permit, the applicant and the
owner of the land agree to make the tower and tower site 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.
(6) 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.
(7) The location of the tower structure and related equipment shall be as
shown on the undated plan included with the application entitled
"Equipment Plan and Elevation, Lee Highway RO-1-413C, 4135 West
Main Street, Salem, VA 24153," as prepared by HSMM.
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 McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
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ROANOffE COUNTY
DEPARTMENT OF Triton PCS,Inc./Ohio State Cellular COMMUNITY DEVELOPMENT Special Use Permit
54.04-1-10.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, FEBRUARY 23, 1999
ORDINANCE 022399-5 TO CHANGE THE ZONING CLASSIFICATION OF
A 3.77 -ACRE TRACT OF REAL ESTATE LOCATED ON THE NORTH
SIDE OF ELECTRIC ROAD, EAST OF COLONNADE CORPORATE
CENTER II (TAX MAP NO. 76.16-1-39) IN THE WINDSOR HILLS
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1,
CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-2,
CONDITIONAL, UPON THE APPLICATION OF BLUE RIDGE CAFE LLC
WHEREAS, the first reading of this ordinance was held on January 26, 1999, and
the second reading and public hearing were held February 23, 1999; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on February 2, 1999; 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 3.77
acres, as described herein, and located on the north side of Electric Road east of
Colonnade Corporate Center II (Tax Map Number 76.16-1-39) in the Windsor Hills
Magisterial District, is hereby changed from the zoning classification of C-1, Conditional,
Office District, to the zoning classification of C-2, Conditional, General Commercial
District.
2. That this action is taken upon the application of Blue Ridge Cafe LLC.
3. That at the May of 1988 rezoning of this property the owner of the property
voluntarily proffered in writing the following conditions which the Board of Supervisors of
1
Roanoke County, Virginia, accepted and the Petitioner/Owner is now requesting be
removed:
4. 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:
A. Preliminary concept plan, prepared by Pierson Engineering &
Surveying, dated 11/14/98 is proffered.
B. There will be no additional entrance/exits on Route 419.
C. There will be minimum of 80 feet of natural ground cover including
trees and brush to be left on the rear of the property, to be displaced
only by necessary water drainage systems.
D. All lighting will be directed away from the adjoining residential
properties. Poles shall not be more than twenty feet in height.
E. One monument -type freestanding sign is permitted. Maximum size
61
of the monument sign is 40 square feet and ten feet in height. The
sign shall be ground lit.
F. No residential uses will be placed on the property.
G. Architecture -the exterior of the principal building shall be wood frame
with brick as indicated on the preliminary concept plan.
H. An easement across the front of the property connecting First
National Exchange Bank and Colonnade Corporate Center shall be
made available for purchase at a reasonable cost that allows the
petitioners to recover costs they incur associated with the easement.
Dumpster location shall be screened and directed away from
adjoining homeowners.
There will be a minimum 50 foot buffer, containing either natural
ground cover including trees and brush or planted materials, to be left
on the west side of the property between petitioner's site and the
adjoining property as shown on the proffered concept plan.
5. That said real estate is more fully described as follows:
BEGINNING at a point on the northerly side of Virginia Route 419 and the
southeast corner of property of Colonnade Corporate Center II; thence leaving
Virginia Route 419 and with the easterly line of Colonnade Corporate Center II N.
07 deg. 51 min. 18 sec. E. 380.00 feet to a point on the easterly line of property of
The Hobart Companies, Ltd. (DB 1298, page 750); thence along the easterly line
of the property of The Hobart Companies, Ltd. N. 14 deg. 39 min. 00 sec. W.
275.43 feet to a point on Mud Lick Creek and the southwest corner of Lot 15, Block
16, Section 4, Cresthill; thence S. 58 deg. 02 min. 00 sec. E. 256.70 feet to an old
pipe on the southerly side of Lot 14, Block 16, Section 4, Cresthill; thence N. 89
deg. 00 min. 00 sec. E. 168.72 feet to an old pin on the southerly side of Lot 13,
Block 16, Section 4, Cresthill; thence S. 70 deg. 50 min. 00 sec. E. 41.23 feet to a
pin on the northwesterly side of Tract 2; thence with the westerly line of Tract 2 S.
19 deg. 37 min. 09 sec. W. 559.22 feet to a point on the northerly side of Virginia
Route 419; thence N. 82 deg. 08 min. 42 sec. W. 222.00 feet to a point of
Beginning, said property being Tract 1, containing 3.7755 acres as shown on the
plat for Westclub Corporation dated August 18, 1994, prepared by T.P. Parker &
sons, which plat is of record in the Circuit Court Clerk's Office in Plat Book 17, page
58.
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 Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson
A COPY TESTE:
Y-xz � ./
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
4
--- Rt. 419
ROANOKE COUNTY
DEPARTMENT OF
COMMUNITY DEVELOPMENT
...w unrrea sroras r-ns;ai Dery
1
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Blue Ridge Cafe',LLCIWest Club Corp.
Rezone from C1—C to C2—C
76.16-1-39
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 1999
ORDINANCE 022399-6 DECLARING A 5.111 ACRE PORTION OF A LOT
FRONTING ON MERRIMAN ROAD (PART OF TAX MAP NO. 97.01-2-11)
AND A 0.16 ACRE PORTION OF A LOT OPPOSITE THE INTERSECTION
OF STARKEY ROAD AND MERRIMAN ROAD (PART OF TAX MAP NO.
97.05-1-1) IN THE CAVE SPRING DISTRICT TO BE SURPLUS AND
ACCEPTING AN OFFER FOR THE EXCHANGE OF SAME WITH
PORTIONS OF PROPERTY OWNED BY CHARLES R. LEMON & ANNE
L. LEMON AND CURTIS L. LEMON & DOROTHY D. LEMON (TAX MAP
NOS. 97.01-2-10 & 97.01-2-12)
WHEREAS, Charles R. Lemon, Curtis L. Lemon and their wives are owners of two
parcels of real estate in the Cave Spring Magisterial District totaling approximately 20
acres and each extending from Merriman Road to Back Creek and adjoining property of
the County of Roanoke and the Roanoke County School Board; and
WHEREAS, the Roanoke County School Board is owner of a parcel of real estate
of approximately 11 acres situated between the above described parcels owned by the
Lemon family; the Roanoke County School Board no longer foresees any potential use of
this parcel for future school construction or as a school bus lot and is willing to declare this
real estate as surplus and to deed this property to the Roanoke County Board of
Supervisors for use, in whole or in part, for parks, playing fields or other public purposes;
and
WHEREAS, the Board of Supervisors at its meeting on October 14, 1997,
appropriated funds for the design of Phase 1 of the proposed South County District Park
and authorized negotiations with the Lemon family for an exchange of real estate in order
to assemble a parcel of approximately 16 acres along Back Creek for the South County
District Park which would connect with two existing County park facilities as well as provide
for a park access road from the intersection of Merriman and Starkey Roads; and
WHEREAS, the Lemon family has indicated a willingness to exchange
approximately 9 acres of their two parcels closest to Back Creek for approximately 5 acres
of property owned by Roanoke County adjoining Merriman Road to facilitate the expansion
of their current manufacturing operations in the County and, in addition, to pay the County
an additional sum of $13,115.00 as the difference between the appraised values of these
exchanged properties; and
WHEREAS, the first reading of this ordinance was held on February 9, 1999; and
the second reading and public hearing for this ordinance will be held on February 23,
1999.
BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia,
as follows:
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12. That pursuant to the provisions of Section 16.10 of the Charter of Roanoke
County, Ch. 617, 1986 Acts of Assembly, the subject properties, as more particularly
described below, having been made available and deemed unnecessary for other public
uses, are hereby declared surplus; and
23. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke
County, a first reading was held on February 9, 1999; and a second reading and public
hearing was held on February 23, 1999, concerning the exchange of a 5.111 acre parcel
of real estate, being a portion of a lot fronting on Merriman Road (part of Tax Map No.
97.1-2-11), which the County School Board of Roanoke County, Virginia, is willing to
declare as surplus and to convey to the Board of Supervisors of the County of Roanoke,
and a 0.16 acre portion of a lot lying south and east of a new park access road to be
constructed opposite the intersection of Starkey Road and Merriman Road (part of Tax
Map No. 97.05-1-1), property of the Board of Supervisors of the County of Roanoke, for
two parcels of land containing 5.015 acres and 4.128 acres, respectively, owned by
Charles R. Lemon and Anne L. Lemon and Curtis L. Lemon and Dorothy D. Lemon (part
of Tax Maps No. 97.01-2-10 and 97.01-2-12), as shown on a plat of survey prepared by
Lumsden Associates, P.C., dated February 26, 1998; and
34. That an offer in writing having been received to exchange said properties,
the offer of Charles R. Lemon & Anne L. Lemon and Curtis L. Lemon & Dorothy D. Lemon
is hereby accepted, and further the terms of the Contract of Sale and Exchange Agreement
dated May 29, 1998, are hereby confirmed as the binding terms for the completion of this
exchange of real estate; and
3
45. That as a condition of this exchange, Charles R. Lemon & Anne L. Lemon
and Curtis L. Lemon & Dorothy D. Lemon and the County of Roanoke have agreed to
execute an exchange of easements in order to provide such drainage easements and
temporary construction easements as shall be necessary for drainage improvements to the
properties of both parties and to provide an easement for ingress and egress over property
of Roanoke County for fire protection and other public safety needs of the currently
existing Plastics One facility on property retained by the Lemons; and
56. Further, as a condition of this exchange, Charles R. Lemon & Anne L. Lemon
and Curtis L. Lemon & Dorothy D. Lemon have agreed to enter into an agreement for the
sharing of cost on an equal, 50-50, basis of all reasonable drainage improvements which
shall be located upon the property of Roanoke County adjacent to the remaining property
of the Lemons subsequent to this exchange. Roanoke County will be responsible for
maintenance of these drainage improvements and will provide reasonable opportunity for
the Lemons to review the design and bid documents prior to the public procurement
process.
67. That the County Administrator , or an Assistant County Administrator, is
authorized to execute such documents and take such actions on behalf of Roanoke County
as are necessary to accomplish the property exchange, specifically including the
conveyance and acquisition of respective properties, all of which shall be of such form as
approved by the County Attorney.
78. That this ordinance shall be in full force and effect from its passage.
On motion of Supervisor Minnix to adopt the ordinance as amended by Mr. Hodge
n
removing Attachment D and deleting #1 in the ordinance, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
Diane D. Hyatt, Director, Finance
Dr. Deanna Gordon, School Superintendent
Brenda Chastain, Clerk, School Board
5
ATTACHMENT A
s
Zoanoke County
)epartment of
,ommunity Development
Proposed Exchange of Land
Between Roanoke County School Board
and Plastics One
No Scale
Date: February 5, 1999
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 1999
ORDINANCE 022399-7 TO VACATE A 20 -FOOT SANITARY SEWER
EASEMENT, PLAT BOOK 20, PAGE 89 (SECTION 12, CARRIAGE
HOMES OF CANTERBURY PARK), AND A PORTION OF A 20 -FOOT
SANITARY SEWER EASEMENT, PLAT BOOK 15, PAGE 110 (SECTION
9, KENSINGTON OF CANTERBURY PARK), LOCATED ON LOT 18,
SECTION 12 OF CARRIAGE HOMES OF CANTERBURY PARK, AND
FURTHER SHOWN ON LOT 18-A ON RESUBDIVISION PLAT OF
CARRIAGE HOMES OF CANTERBURY PARK, PLAT BOOK 21, PAGE 26,
IN THE WINDSOR HILLS MAGISTERIAL DISTRICT (TAX MAP NO.. 86.01-
10-18)
WHEREAS, by subdivision plat entitled 'PLAT OF SUBDIVISION FOR SECTION
NO. 12, "CARRIAGE HOMES OF CANTERBURY PARK"', dated October 20, 1997, and
recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book
20, page 89, a twenty -foot (20') sanitary sewer easement was shown and created on Lot
18, the subject easement being designated on said plat as "NEW 20' S.S.E."; and,
WHEREAS, by said subdivision plat entitled 'REVISED PLAT SHOWING
KENSINGTON OF CANTERBURY PARK, SECTION NO. 9', dated May 6, 1993, and
recorded in the aforesaid Clerk's Office in Plat Book 15, page 110, a twenty -foot (20')
sanitary sewer easement was shown and created along the boundary line of Lots 14 and
15 and extends in a northerly direction outside the boundary lines of the subdivision, the
subject easement being designated on said plat as "NEW 20' SANITARY SEWER
EASEMENT"; and
WHEREAS, the subject easements are further shown on Lot 18-A of 'PLAT
SHOWING THE RESUBDIVISION OF ORIGINAL LOTS 18, 19, 20 AND 21, SECTION
NO. 12, "CARRIAGE HOMES OF CANTERBURY PARK"', dated February 23, 1998, and
recorded in the aforesaid Clerk's Office in Plat Book 21, page 26; and,
WHEREAS, the Petitioner, Boone, Boone and Loeb, Inc., and Palm Hermitage
Corporation, are the current owners of Lot 18-A, Section 12, Carriage Homes of
Canterbury Park, and have requested that the above-described existing 20' sanitary sewer
easements, or portions thereof, be vacated; and,
WHEREAS, the construction of a proposed dwelling on Lot 18-A will result in an
encroachment on the subject sanitary sewer easements and the Petitioners have
requested that they be vacated pursuant to § 15.2-2272.2 of the Code of Virginia (1950,
as amended); and,
WHEREAS, this vacation will not involve any cost to the County and the affected
County departments have raised no objection; and,
WHEREAS, notice has been given as required by § 15.2-2204 of the Code of
Virginia (1950, as amended), and the first reading of this ordinance was held on February
9, 1999, and the public hearing and second reading of this ordinance was held on
February 23, 1999.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the sanitary sewer easements being designated and shown as
"Easement to be Vacated" on Exhibit A attached hereto, said easements having been
dedicated on'PLAT OF SUBDIVISION FOR SECTION NO. 12, "CARRIAGE HOMES OF
CANTERBURY PARK", dated October 20, 1997, and recorded in the aforesaid Clerk's
Office in Plat Book 20, page 89, "REVISED PLAT SHOWING KENSINGTON OF
CANTERBURY PARK, SECTION NO. 9, dated May 6, 1993, and recorded in the
aforesaid Clerk's Office in Plat Book 15, page 110, and further shown on 'PLAT SHOWING
THE RESUBDIVISION OF ORIGINAL LOTS 18, 19, 20 AND 21, SECTION NO. 12,
"CARRIAGE HOMES OF CANTERBURY PARK"", dated February 23, 1998, and recorded
in the aforesaid Clerk's Office in Plat Book 21, page 26, in the Windsor Hills Magisterial
District of the County of Roanoke, be, and hereby are, vacated pursuant to § 15.2-2272
of the Code of Virginia (1950, as amended), subject to the conditions contained herein.
2. That all costs and expenses associated herewith, including but not limited to
publication, survey and recordation costs, shall be the responsibility of the Petitioner.
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 the provisions of this ordinance, all of which shall be on form approved by
the County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption, and
a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court
of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia
(1950, as amended).
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
3
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
Gary Robertson, Director, Utility
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
Il
POR70N OF
DIS7NG 10' SAN17ARY
'Z,457 EASEi/ENT
(Ps lw PG. 110)
� I
E.175'11NG 5' WALL'
WAJNZVANaF EASgW,5Vr E.OS7NG 20' SANITARY
P.B. 20, Pa B9 R EASEMENT
' \ P -a 21, PC 26 (PR 20, PG. 89) N
RY
o P \ y4 PftENT�.I
r
Pa.f
\ l �
\ 5 7551t0W LOT 14
7�EN5/NCT77N r� CANTERBV/7Y PARK'
I P.B. 20, PG 8.g
Easement to be Vacated
Request to Vacate
A 20' Sanitary Sewer Easement
Recorded in
Plat Book 20, Page 89
And
A Portion of a 20' Sanitary Server Easement
Recorded in
Plat Book 15, Page 110
Located on
Lot 18A, Section 12
Carriage Homes of Canterbury Park
Plat Book 21, Page 26
Tax Map No.: 86.01-10-18
ROANOKE COUNTY Request to Vacate a 20' Sanitary Sewer Easement, Plat Book 20, ,
DEPARTMENT OF Page 89, Section 12, Carriage Homes of Canterbury.Park &
COMMUNITY DEVELOPMENT of a 20' Sanitary Sewer Easement, Plat Book 15, Page 110,
Section 9, Kensington of Canterbury Park, and further shown,
EXHIBIT A
TAX 05.01-10-18
LOT 18A
SF0770N No 12
CARR/AGc HOM S OF CANTERBURY
PARK'
P.B. 21, PG. 25
°
I fU7URE.
OK£LL/NC
5 3A
i
POR70N OF
DIS7NG 10' SAN17ARY
'Z,457 EASEi/ENT
(Ps lw PG. 110)
� I
E.175'11NG 5' WALL'
WAJNZVANaF EASgW,5Vr E.OS7NG 20' SANITARY
P.B. 20, Pa B9 R EASEMENT
' \ P -a 21, PC 26 (PR 20, PG. 89) N
RY
o P \ y4 PftENT�.I
r
Pa.f
\ l �
\ 5 7551t0W LOT 14
7�EN5/NCT77N r� CANTERBV/7Y PARK'
I P.B. 20, PG 8.g
Easement to be Vacated
Request to Vacate
A 20' Sanitary Sewer Easement
Recorded in
Plat Book 20, Page 89
And
A Portion of a 20' Sanitary Server Easement
Recorded in
Plat Book 15, Page 110
Located on
Lot 18A, Section 12
Carriage Homes of Canterbury Park
Plat Book 21, Page 26
Tax Map No.: 86.01-10-18
ROANOKE COUNTY Request to Vacate a 20' Sanitary Sewer Easement, Plat Book 20, ,
DEPARTMENT OF Page 89, Section 12, Carriage Homes of Canterbury.Park &
COMMUNITY DEVELOPMENT of a 20' Sanitary Sewer Easement, Plat Book 15, Page 110,
Section 9, Kensington of Canterbury Park, and further shown,
EXHIBIT A