The URL can be used to link to this page

Home My WebLink About3/23/1999 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1999 RESOLUTION 032399-1 REQUESTING THE DELETION OF MEALS TAX RESTRICTIONS FROM FOOD TAX RELIEF BILL (HB 1601) WHEREAS, Governor Jim Gilmore's proposal to reduce the state sales tax on food did not include any change to the local meals tax, and WHEREAS, HB 1601 was amended to prohibit localities from levying their meals tax on items that meet the definition of "food for home consumption" as defined in the Food Stamp Act; and WHEREAS, the meals tax restriction in HB 1601 will reduce by approximately $115,000 the meals tax revenue collected by the County of Roanoke; and WHEREAS, the budget passed by the 1999 General Assembly includes additional money for education but includes both a maintenance of effort requirement and a local match requirement, which means that many localities will have to spend additional local funds to benefit from the new state funding; and WHEREAS, the 1999 General Assembly approved funds for a six -percent teacher salary increase, provided that a locality can meet its local match requirement; and WHEREAS, local governments are the providers of essential services in their communities, and reducing existing revenues adversely affects their ability to maintain services; and WHEREAS, local governments routinely employ a variety of measures to limit the tax burden in their communities; and NOW, THEREFORE, BE IT RESOLVED that the County of Roanoke requests that Governor Jim Gilmore amend HB 1601 to strike all references to the local meals tax. On motion of Supervisor Nickens 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 W. Brent Robertson, Budget Manager Paul M. Mahoney, County Attorney The Honorable R. Wayne Compton, Commissioner of Revenue The Honorable James S. Gilmore, III, Governor, Comomnwealth of Virginia Roanoke Valley Legislative Delegation AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 23, 1999 ORDINANCE 032399-2 APPROVING THE EXERCISE OF AN OPTION TO PURCHASE AGREEMENT WITH SALEM OFFICE SUPPLY, INC., FOR PROPERTY LOCATED AT 400 EAST MAIN STREET, ACROSS FROM THE ROANOKE COUNTY COURTHOUSE, IN SALEM, VIRGINIA WHEREAS, by Resolution #011299-7, the Board of Supervisors of Roanoke County approved an Option to Purchase Agreement dated January 5, 1999, with Salem Office Supply, Inc., a Virginia corporation, for an option to purchase a 17,754 square -foot rectangular lot (66' x 269') located at 400 East Main Street, Salem, Virginia, identified on the Salem City Tax Map as Parcel #107-6-1 ("the Property"); and, WHEREAS, under terms of said agreement, the purchase price for the Property is $325,000.00, and the option must be exercised on or before March 5, 1999; and, WHEREAS, the agreement provides for settlement within 60 days from the date of the notice of exercise of the Option, or as soon thereafter as possible, but no later than April 30, 1999; and WHEREAS, the property is necessary for use as additional office and storage space, and the funds are available in the Capital Fund; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on February 9, 1999; on February 23, 1999, the Board authorized extending the option until June 5, 1999; the second reading was held on March 23, 1999. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the County Administrator is hereby authorized to exercise the option to purchase from Salem Office Supply, Inc., the following described real estate, to -wit: All that certain tract or parcel of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the City of Salem, Virginia, containing 17,754 square feet, more or less, and located on the south side of East Main Street, and bounded on the west by Strawberry Alley and on the south by East Calhoun Street, and more particularly described as follows: BEGINNING at a point on the South side of East Main Street where the east line of Strawberry Alley intersects the South line of Main Street, and which beginning point is N. 77' 16' E. 263.3 feet from a point where the East line of College Avenue intersects the South line of Main Street (.3 of one foot West of the Northwest corner of the Salem Theatre Building) and which said beginning point is also S. 77° d16' W. 3 feet from the North west corner of the present brick building located on the herein conveyed lot; thence leaving Main Street and with the East line of Strawberry Alley, and with aline 3 feet from and parallel with the West side of said brick building located on herein conveyed lot, S. 13' 25'E. 269 feet to a point in the North line of Calhoun Street, N. 77° 16' E. 66 feet to a point, marked by South east corner of a building located on herein described lot; thence leaving Calhoun Street N. 13 ° 25' W. 269 feet to a point in the South line of Main Street, which said point is 3 feet East of the Northeast corner of brick building located on the within described lot; thence with the South line of East Main Street S. 770 16' W. 66 feet to the place of BEGINNING; known as Lot 69, Old Town Plat. There is excepted from the above description that certain 10 foot strip of land which was conveyed by Carlos G. Bowers and Maria Cristina Bowers to the Town of Salem by deed dated January 31, 1953, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 485, page 513. BEING the same property conveyed to the Grantor by deed from Carlos G. Bowers and Maria Cristina Bowers, his wife, dated December 11, 1975, and of record in the Clerk's Office of the City of Salem, Virginia, in Deed Book 40, page 658. Said real estate is further shown and designated upon the Salem City land records as Tax Parcel Number 107-6-1, and having a street address of 400 East Main Street, Salem, Virginia. 2 2. That the sum of $620,000.00 is hereby appropriated from the Capital Fund and $81,720.00 is hereby appropriated from the Unappropriated Fund Balance of the General Fund for the acquisition of this real estate and related expense. In addition, $150,000.00 is reappropriated from the Jail Expansion capital project to this capital project. 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the exercise of the option, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens NAYS: Supervisors McNamara, Johnson A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance Michael Lazzuri, Court Services Steven A. McGraw, Clerk, Circuit Court Sheriff Gerald Holt 3 A AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1999 ORDINANCE 032399-3 DECLARING A PARCEL OF REAL ESTATE TO BE SURPLUS AND AN ACCEPTING OFFER FOR THE SALE OF SAME; NAMELY THE PENN FOREST BOULEVARD WELL LOT BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property, having been made available for other public uses before permitting disposition by sale, is hereby declared to be surplus. 2. That an advertisement for bids for the sale of this surplus real estate was advertised in the Roanoke Times & World News on March 13, 1999; and 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on March 9, 1999, and the second reading was held on March 23, 1999, concerning the disposition of the following parcel of real estate identified as follows: Penn Forest Boulevard Well Lot Tax Map Parcel No. 87.06-6-1 4. That offers for said properties having been received, the offer of David Hill to purchase this property for the sum of $23,600 Dollars is hereby acceptedfrejeeted. 5. That the purchase price for the property will be paid upon delivery of a deed therefor and all proceeds from the sale of this real estate will be deposited into the water fund in accordance with the trust agreements of the 1991 water revenue bonds. 6. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the sale 1 of said property, all of which will be on form approved by the County Attorney. 7. That this ordinance will be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance and accept the offer of David Hill for $23,600, 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 Paul M. Mahoney, County Attorney Gary Robertson, Director, Utility John W. Birckhead, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1999 ORDINANCE 032399-4 REPEALING ORDINANCE 101497-8 AND AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, LITTLE BRUSHY MOUNTAIN WATER PROJECT WHEREAS, Ordinance 101497-8 adopted by the Board on October 14, 1997, authorized the creation of and financing for the Little Brushy Mountain Water Project; however, due to limited citizen participation, the project was not constructed; and WHEREAS, funding is now available through the State of Virginia, Drinking Water State Revolving Fund Program, which program allows for more affordable financing for the participating citizens; WHEREAS, due to substantial changes in the original project authorized by Ordinance 101497-8, that ordinance will be repealed and a new ordinance will be adopted; WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the Little Brushy Mountain Community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over twenty years Date # of Post -it® Fax Note 7671 pages TO Co./Dept. t,'_; !� �- vv hone # Phone # 7 7Z (jd P Fax # Fax# -3 at an interest rate of 3%, which are the terms of the loan from the Commonwealth of Virginia; and WHEREAS, the first reading of this Ordinance was held on March 9, 1999, and the second reading was held March 23, 1999; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Ordinance 101497-8 adopted by the Board on October 14, 1997, be, and hereby is, repealed; and 2. That the County Administrator be, and hereby is, authorized and directed to take such actions and execute such documents as may be necessary to secure a loan from the Commonwealth of Virginia, Drinking Water State Revolving Fund Program in the amount of $820,000 at an interest rate of 3% and for a term of twenty years; and 3. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for a portion of the Little Brushy Mountain Community. The total construction cost of this public water project is estimated to be $820,000, to be initially financed as follows: Citizen Participation (43 at $6,155 each) $264,665 Advance from Water Fund 555,335 TOTAL $820,0001 That there is hereby appropriated for this project the sum of $820,000 from the Water Fund; it being the Board's intention to reimburse itself from the proceeds of the Commonwealth of Virginia, Drinking Water State Revolving Fund Program for certain expenditures made and/or to be made in connection with extension of the public water system and the creation of the special utility service 2 area. Any citizen participation under paragraph 5. will be advanced as a loan from the Water Fund. 4. (A) That the "Project Service Area" is shown and designated on the attached plat entitled "Little Brushy Mountain Water System Project" prepared by the Roanoke County Utility Department, dated March 3, 1999, and identified as Exhibit 1. The Little Brushy Mountain Water Project Area is created for a period of ten (10) years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area by paying the sum of $7,500 ($6,155 toward construction costs and $1,345 for off-site facilities fees) said costs to be paid in full and in advance of connection to the public water extension. (B) The "Project Service Area" includes 14.03 acres (Tax Map Nos. 45.03-2-9, 10, 11, 12, 13, 13.1); these parcels to be included in the project as provided for in Paragraph (A) above, provided that once a minimum of $45,000 for these six parcels is collected, the County's current water connection fee of $2,690 would apply; and 5. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before June 23, 1999, of their a portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: (a) The total amount of $7,500 per property owner/residential connection may be financed for a maximum of 20 years at an interest rate of 3% percent per annum. 3 (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. (d) Property owners who wish to participate after the June 23, 1999 deadline shall pay $7,500 plus the off-site facility fee in effect at that time. 6. That the payment by citizens in the project service area who elect to participate shall be made to the Water Fund. Any off-site facility fee collected on this project shall be returned to the Water Fund. 7. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 8. That this Ordinance shall take effect upon receipt of funding from the Commonwealth of Virginia, Drinking Water State Revolving Fund Program, and compliance with the provisions of the Public Finance Act (Chapter 26, Title 15.2 of the rd 1950 Code of Virginia, as amended) with respect to the creation of this revenue bond debt by the County. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Nickens, Johnson NAYS: Supervisor McNamara ABSTAIN: Supervisor Harrison A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Cc: File Gary Robertson, Director, Utility Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney 5 PROJECT SERVICE AREA HATCHED AREA DENOTES CERTAIN PARCELS THAT ARE SPECIFIED IN THE ATTACHED ORDINANCE AS BEING SUBJECT TO SEPERATE PROVISIONS TO BE ENACTED IN THE EVENT OF SUBDIVISION OF THESE PARCELS SKYVIEW ROAD jr, 5 9-00 �O CATAWBA MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA EXIT #137 LITTLE BRUSHY MOUNTAIN WATER SYSTEM PROJECT 1 " = 600' MARCH 3, 1999 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1999 RESOLUTION 032399-5 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 March 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 13, inclusive, as follows: 1. Approval of Minutes - February 23, 1999 2. Confirmation of Committee Appointments to the Commission for Senior and Physically Challenged Citizens 3. Donation of a storm drainage easement on property owned by Samuel Reid and Dorothy Stevens. 4. Resolution of support for a Virginia Trails Grant for a Greenway at Green Hill Park. 5. Appropriation of Compensation Board reimbursement for additional capital purchase for the Commonwealth Attorney's Office. 6. Acceptance of water and sanitary sewer facilities serving Meadow Creek Road Extension. 7. Acceptance of water and sanitary sewer facilities serving Canterbury Park, Section 13. 8. Acceptance of water and sanitary sewer facilities serving Grove Park, Section 1 and 2 off site sewer. 9. Acceptance of water and sanitary sewer facilities serving Mountain Meadow Estates. 10. Acceptance of water facilities serving Valley Gateway. 11. Resolution on behalf of Catawba Hospital requesting that the Department of Corrections allow the use of inmate labor on various government projects. 12. Acceptance of sanitary sewer facilities serving Orchard Park, Section 1. 13. Acceptance of sanitary sewer facilities serving Orchard Park, Section 2. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, 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 Pete Haislip, Director, Parks & Recreation W. Brent Robertson, Budget Manager Skip Burkart, Commonwealth Attorney Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney Gary Robertson, Director, Utility Sheriff Gerald Holt, Roanoke County Ray Lavinder, Chief of Police, Roanoke County A -032399-5.a ACTION NUMBER ITEM NUMBER �- t AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1999 SUBJECT: Confirmation of appointments to the Commission for Senior and Physically Challenged Citizens COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. COMMISSION FOR SENIOR AND PHYSICALLY CHALLENGED CITIZENS Supervisor Minnix has nominated Maureen Woods and Cecil Prillaman to represent the Cave Spring Magisterial District. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed by the Board of Supervisors. SUBMITTED BY: Mary H. Allen, CMC/AAE Clerk to the Board Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x Denied (} Harrison _ x _ Received () McNamara_ x Referred () Minnix _ x _ To () Nickens _ x _ cc: File Commission for Senior and Physically Challenged Citizens File A -032399-5.b ACTION NO. ITEM NO. %- `: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1999 AGENDA ITEM: Donation of storm drainage easement on property owned by Samuel Reid and Dorothy O. Stevens (Tax Map No. 26.12-03-34) to the Board of Supervisors of Roanoke County Kell]► 11 va-11111 I I ► :21 e: a 111 ME This consent agenda item involves acceptance of the following easement conveyed to the Board of Supervisors for storm drainage purposes, in connection with the Revenue Sharing Program for Alpine Road in the Hollins Magisterial District of the County of Roanoke: a) Donation of storm drainage easement, of variable width, from Samuel Reid and Dorothy O. Stevens, property owners (Tax Map No. 26.12-03-34) as shown on the map attached hereto (Exhibit A). The location and dimensions of this easement have been reviewed and approved by the County's engineering staff. Staff recommends acceptance of this easement. S B ITTED BY: APPROVED BY: Arnold Covey, Director Elmer C. Hodge Department of Community Dev . opment County Administrator 1 ACTION Approved (x) Motion by: Bob L. Johnson to approve Denied ( ) Received ( ) Referred ( ) To cc: File Arnold Covey, Director, Community Development 2 VOTE No Yes Abs Johnson _ x Harrison _ x _ McNamara_ x Minnix _ x _ Nickens _ x — EXIi1BiT 1 TAX MAP NO. 26.12-03-23 163.42' PROPERTY OF SAMUEL R. & DOROTHY 0.; STEVENS r � TAX MAP NO. 26.12-03-34 D.B. 859, PG. 387 f r r r r r r r t New 20' Drainage r Easement, See Note 1 r r r r r r r NORTH TAX MAP NO. 26.12-03-24 .149 Ac. FEE SIMPLE CONVEYANCE ALPINE ROAD 50' R /W � 30' n ' NEW r r i TRACT "B-1" r TAX MAP N0. 26.12-03-33 r , r r FEE SIMPLE CONVEYANCE + r Notes: Corner Bearing Distance A—B S54'59'30 E 100.00' B—C S35'00'30"W 80.00" C—D N5459'30"W 50.00' D—E N35'00'30"E 30.00' E—F N54'59'30"W 50.00' F—A N35'00"30"E 50.00' � r 1. The centerline of the new drainage easement to be r� f the lowest point in the drainage area for r' the Stevens Property. r r r r � r r r r r PLAT SHOWING NEW ROANOKE COUNTY FEE SIMPLE CONVEYANCE & DRAINAGE DATE: 11-18-98 DEPARTMENT OF EASEMENT BEING CONVEYED TO COMMUNITY DEVELOPMENT ROANOKE COUNTY BY SAMUEL R. & DOROTHY STEVENS SCALE: 1 "=100' G: \CAD\ROADS\APLINE\ALPINEI4 f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1999 RESOLUTION 032399-5.c APPROVING THE SUBMISSION OF A VIRGINIA RECREATION TRAILS FUND PROGRAM PROJECT APPLICATION BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: WHEREAS, Roanoke County Parks and Recreation proposes to make improvements to the Green Hill Park Greenway, and WHEREAS, The Virginia Department of Conservation and Recreation offers funding through the Virginia Recreational Trails Grant Fund, and WHEREAS, the County of Roanoke is submitting a project application, and WHEREAS, in accordance with Virginia Recreation Trails Fund application procedures, it is necessary that a request of support, by resolution, be received from the local government. NOW, THEREFORE, BE IT RESOLVED, that the County of Roanoke, Virginia, endorses and supports the application to fund improvements to the Green Hill Park Greenway and Trail. On motion of Supervisor Johnson 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 Pete Haislip, Director, Parks & Recreation Virginia Department of Conservation and Recreation A -032399-5.d 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: March 23, 1999 AGENDA ITEM: Appropriation of Compensation Board reimbursement for additional capital purchase for the Commonwealth Attorney's Office. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: During the course of a fiscal year, the Compensation Board reimburses localities for specific expenses relating to the operations of the Constitutional Officers. Reimbursable expenses include salaries, fringe benefits, certain operational costs, and limited capital expenditures. An additional capital item has been funded by the Comp Board for the Commonwealth Attorney that was not included in the original budget appropriation. Near the conclusion of some fiscal years Compensation Board budgets are not depleted and, upon request of the Constitutional Officer, may be reallocated to cover previously unbudgeted items. The Commonwealth Attorney has requested this reallocation of funds from the Compensation Board for the purchase of a replacement computer. The Comp Board has approved this request (copy of approval attached) and the reimbursable cost is $3,448. FISCAL IMPACT: No fiscal impact. Approval of this request will increase revenue and expenditure budgets by equal amounts. STAFF RECOMMENDATION: Staff recommends an appropriation adjustment to increase revenues from the state for Compensation Board reimbursement by $3,448 and to increase the Commonwealth Attorney's budget by $3,448. Respectfully 71c,� itted, k / r� �,J, W. Brent Robert on Budget Manager Approved by, Elmer C. Hodge County Administrator ACTION Approved (x) Motion by: Bob L. Johnson to approve Denied ( ) Received ( ) Referred ( ) To ( 1 cc: File W. Brent Robertson, Budget Manager Skip Burkart, Commonwealth Attorney VOTE No Yes Abs Johnson _ x Harrison _ x _ McNamara_ x _ Minnix _ x _ Nickens x Se l �11 cart 1v t ui pment O1S99 Office Total 1999 Loc: 161 Off: 320 Officer: F W BURKART III S)LB UUU8 N QQtyy T07AL N Tot CATEGORY Cst A: R Qty R Tot Cst Tot Qty Tot (DATV PROCESSING) -- Cost Stress Factor 2 4980 2 -44980 - w3448 TOTAL CATEGORY B: (OFFICE EQUIPMENT) TOTAL 6 CATEGORY C: 5370 (FURNITURE) 6 5370 3718 Grand Total: 6 5370 2 4980 8 10350 7166 A -032399-5.e ACTION # ITEM NUMBER J7— IP AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1999 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Meadow Creek Road Extension COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Meadow Creek Road Extension, Daniel E. Eller, Jr., and Helen H. Eller, have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the Meadow Creek Road Extension subdivision along with all necessary easements. The water and sewer facilities are installed, as shown on plans prepared by T. P. Parker & Son entitled, Meadow Creek Road Extension, which are on file in the Community Development 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 $7,800 and $2,400 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Meadow Creek Road Extension along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: Gary Roberts n, P.E. Utility Director Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) APPROVED: i� Elmer C. Hodge County Administrator ACTION Motion by: Bob L. Johnson to approve cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney j— VOTE No Yes Abs Johnson _ x _ Harrison _ x _ McNamara_ x _ Minnix _ x _ Nickens _ x _ NORTH ROANOKE COUNTY ACCEPTANCE OF WATER AND SEWER DEPARTMENT OF FACILITIES SERVING MEADOW CREEK COMMUNITY DEVELOPMENT DRIVE EXTENSION T.N. 66.04-1-10 A -032399-5.f ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1999 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Canterbury Park, Section 13 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Canterbury Park, Section 13, Boone, Boone & Loeb, Inc., have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the Canterbury Park, Section 13 subdivision along with all necessary easements. The water and sewer facilities are installed, as shown on plans prepared by Lumsden Associates, entitled, Canterbury Park, Section 13, which are on file in the Community Development 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 $10,100 and $35,000 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Canterbury Park, Section 13 subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: j.Au6 Gary Roberts , P.E. Utility Director ACTION APPROVED: &4t Xoez Elmer C. Hodge County Administrator Approved (x) Motion by: Bob L. Johnson to approve Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney VOTE No Yes Abs Johnson _ x Harrison _ x McNamara_ x Minnix _ x Nickens _ x 'Vo -7 ROANOKE COUNTY UTILITY DEPARTMENT j NORTH CANTERBURY PARK — SECTION 13 WATER & SEWER 76- A -032399-5.g ACTION # ITEM NUMBER ' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1999 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Grove Park, Section 1 and 2 Off Site Sewer COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Grove Park, Section 1 and 2 Off Site Sewer, Boone, Boone & Loeb, Inc., have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the Mountain Meadow Estates subdivision along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by Lumsden Associates entitled Grove Park, Section 1 and 2 Off Site Sewer, which are on file in the Community Development Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County on December 16, 1994. FISCAL IMPACT: The value of the sanitary sewer construction is $115,500. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Grove Park, Section 1 and 2 Off Site Sewer along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: � n Gary Robertso , P.E. Utility Director APPROVED: Elmer C. Hodge County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _ Denied () Harrison _ x _ Received () McNamara_ x Referred () Minnix _ x To () Nickens _ x cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney cp4 v.y "t �E LLLlj 'l •� ` Q n�nc7,�'p..' `� � .++""M�NN.•"(h.y�RK is �'i '� /� c � `y, Sy .•r� C7 6 �allo �3 1 �.ri y;.�v� •3r1i��•c o, w / Z,� ��t,,,,... C ~` v- 3ra ��• 613 '�.�'" t�. \ 1 RE •O j OaD•M� RE'iT; Mw+?reFa R6N°_5�.'iPV.% DR _�3.1'. r P� g INri^ ,rr-"'��e. !ALpq .,-- ctE4+scir . f +'/;;r•;.� i \ gyayr 7 E 688v DR RIDGE VICINITY MAP,,, .>.hNFm'...,7 a ^r..E cel.. � % /�/ %/.. � � / /,• ! ,, ! ��F� i ..•\\ T� � .'• j. / /. /�i; r�� / / i � - . � . �1/ //f✓§ ,% w ;i / / i i a �i / �!e.7u.r Fw. 4�isu i..y �' - /. �/��✓(��/ /�:' '' a � ` of T..,..� w _ / r7��•c,rC eoSY>-��L� Il �,d' r\/� h/� I �� //_ a� j. �•�I I /i"a••,-.mow —� l l"i. �� M O` ` \`�\F`�,.y� raw. �—��L ` �`c - •„ �n!- r y` 5 r �i1U'1 ��:' CC IY—'i . L.G. . -� •�� .. \ i.x R,M ,i l.rh. r•miv9Vlx iF -- - �� ' Ilil•i " I Ill .I i �,,./ � 1 -- / .}.ya„ r✓,. �, i . ✓ 1. , � { Ire z.'!9 _ e '`.. 77--' � � J/JJ// --- — ��. - � f_ _ _ ;,� / � �� SF_ i VIII I'7 i; j iP•� 4 i 1 "� \` 1 1,\\ F� --`Aii .r i 6,a -r" eG;' ..r.•� LPT i ROANOKE COUNTY THE GROVES, SECTIONS 1 & 2 UTILITY SANITARY SEWER EXTENSION DEPARTMENT A -032399-5.h ACTION # ITEM NUMBER " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1999 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Mountain Meadow Estates COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Mountain Meadow Estates, G & S Developers, Inc., have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the Mountain Meadow Estates subdivision along with all necessary easements. The water and sewer facilities are installed, as shown on plans prepared by T. P. Parker & Son entitled Mountain Meadow Estates, which are on file in the Community Development Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County on December 12, 1996. FISCAL IMPACT: The value of the water and sanitary sewer construction is $90,600 and $79,700 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Mountain Meadow Estates subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: APPROVED: I - iv t Gary Robertn, P.E. Utility Director Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) &"4� Elmer C. Hodge County Administrator ACTION Motion by: Bob L. Johnson to approve cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney VOTE No Yes Abs Johnson _ x _ Harrison — x McNamara_ x _ Minnix _ x Nickens _ x _ ROANOKE COUNTY UTILITY DEPARTMENT ACCEPTANCE OF WATER AND SEWER FACILITIES SERVING MOUNTAIN MEADOW ESTATES. A -032399-5.i ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1999 SUBJECT: Acceptance of Water Facilities Serving Valley Gateway COUNTY ADMINISTRATOR'S COMMENTS: d4-r-�� yelal� SUMMARY OF INFORMATION: The Developers of Valley Gateway, F & W Properties II, Inc., have requested that Roanoke County accept the Deed conveying the water sewer facilities serving Valley Gateway along with all necessary easements. The water facilities are installed, as shown on plans entitled Valley Gateway Business Park, which are on file in the Community Development Department. The water facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water construction is $73,200. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water facilities serving Valley Gateway'along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. e SUBMITTED BY: Gary Robe on, P.E. Utility Director APPROVED: 6vrs� Elmer C. Hodge County Administrator J—)6 ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _ Denied () Harrison _ x _ Received () McNamara_ x _ Referred () Minnix - x To () Nickens _ x cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney NORTH ROANOKE COUNTY UTILITY DEPARTMENT ACCEPTANCE OF WATER FACILITIES SERVING VALLEY GATEWAY a� AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1999 RESOLUTION 032399-5.i REQUESTING THE USE OF INMATE LABOR FROM THE DEPARTMENT OF CORRECTIONS TO CLEAR THE FIRE BREAK AREA BEHIND CATAWBA HOSPITAL WHEREAS, the inmates at the Botetourt Correctional Unit have worked with Botetourt County on many community oriented projects over the past several years, including utility construction and restoration, recreation projects, landscaping and litter control; and WHEREAS, these programs have been of benefit both to the community and to the Department of Corrections; and WHEREAS, Catawba Hospital has requested a similar program with the Botetourt Correctional Unit and the Department of Corrections, in order to clear the fire break area behind the Hospital; and WHEREAS, Catawba Hospital also asked for assistance from Roanoke County in obtaining the necessary inmate labor to perform this activity. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia requests that the Department of Corrections allow the use of inmate labor from the Botetourt Correctional Unit to assist in clearing the fire break area behind Catawba Hospital in Roanoke County. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson 1 NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Ron Angelone, Director, Virginia Department of Corrections J. D. Terry, Superintendent, Botetourt Correctional Unit Jack Wood, Assistant Administrator, Catawba Hospital Sheriff Gerald Holt, Roanoke County Ray Lavinder, Chief of Police, Roanoke County A -032399-5.k ACTION # ITEM NUMBER — AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1999 SUBJECT: Acceptance of Sanitary Sewer Facilities Serving Orchard Park, Section 1 COUNTY ADMINISTRATOR'S COMMENTS: Ir*� SUMMARY OF INFORMATION: The Developers of Orchard Park, Section 1, F & W Community Development Corporation, have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the Orchard Park, Section 1 subdivision along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by Lumsden Associates entitled Orchard Park, Section 1, which are on file in the Community Development Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the sanitary sewer construction is $56,100. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving the Orchard Park, Section 1 subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: ia,_ 1;464�;� Gary Robe on, P.E. Utility Director Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) APPROVED: Elmer C. Hodge County Administrator ACTION Motion by: Bob L. Johnson to approve cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney x. -19 - ----------------------- VOTE No Yes Abs Johnson _ x _ Harrison _ x _ McNamara_ x _ Minnix _ x _ Nickens _ x ROANOKE COUNTY UTILITY ACCEPTANCE OF SEWER FACILITIES DEPARTMENT SERVING THE ORCHARD PARK, SECTION f Tam Map No 40.0 f g. \cad/brdrpt\orchpprk f. dwg A-032399-5.1 ACTION # ITEM NUMBER�3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1999 SUBJECT: Acceptance of Sanitary Sewer Facilities Serving Orchard Park, Section 2 COUNTY ADMINISTRATOR'S COMMENTS: "-a SUMMARY OF INFORMATION: The Developers of Orchard Park, Section 2, F & W Community Development Corporation, have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the Orchard Park, Section 2 subdivision along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by Lumsden Associates entitled Orchard Park, Section 2, which are on file in the Community Development Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the sanitary sewer construction is $27,800. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving the Orchard Park, Section 2 subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: Gary Robe son, P.E. Utility Dir ctor ACTION APPROVED: Elmer C. Hodge County Administrator Approved (x) Motion by: Bob L. Johnson to approve Denied ( ) Received ( ) Referred ( ) To cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney VOTE No Yes Abs Johnson x _ Harrison _ x McNamara_ x _ Minnix _ x _ Nickens x ROANOKE COUNTY UTILITY ACCEPTANCE OF SEVER FACILITIES DEPARTMENT SERVING THE ORCHARD PARK, SECTION 2 Tam Map No 40.01 g: \cad/brdrpt\orchpprk2. dwg AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1999 RESOLUTION 032399-6 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 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, CMC/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, MARCH 23, 1999 RESOLUTION 032399-7 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 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, CMC/AAE Clerk to the Board of Supervisors cc: File Executive Session Revised 4/7/99 to correct Tax Map Numbers and Magisterial District Revised 5/25/99 to correct C-2 Zoning to C-2 with conditions AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 23, 1999 ORDINANCE 032399-8 TO CHANGE THE ZONING CLASSIFICATION OF APPROXIMATELY 10 -ACRES OF REAL ESTATE LOCATED IN THE VICINITY OF BRAMBLETON AVENUE AND ELECTRIC ROAD (ALL OF TAX MAP NOS. 77.13-5-35; 77.13-5-39; 77.13-5-40.1; 77.13-5-43.1; 77.13- 5-43.2; 77.13-5-47; 77.13-5-48; 77.13-5-49; 77.13-5-50; 77.13-5-51) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-2 AND C-2 WITH CONDITIONS TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS AND GRANTING A SPECIAL USE PERMIT TO OPERATE FAST FOOD RESTAURANTS AND DRIVE-THRUS, UPON THE APPLICATION OF SPRINGWOOD ASSOCIATES LLC WHEREAS, the first reading of this ordinance was held on February 23, 1999, and the second reading and public hearing were held March 23, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 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 approximately 10 acres, as described herein, and located in the vicinity of Brambleton Avenue and Electric Road (All of Tax Map Nos. 77.13-5-35; 77.13-5-39; 77.13-5-40.1; 77.13-5-43.1; 77.13-5-43.2; 77.13-5-47; 77.13-5-48; 77.13-5-49; 77.13-5-50; 77.13-5-51) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-2, Medium Density Residential District, and C-2, General Commercial District with 1 conditions, to the zoning classification of C-2, General Commercial District with conditions. 2. That this action is taken upon the application of Springwood Associates LLC. 3. That the Board finds that the granting of a special use permit to Springwood Associates LLC to operate fast food restaurants and drive-thrus to be located in the vicinity of Brambleton Avenue and Electric Road on three parcels designated as Site A, Site B, and Site C on the Conceptual Development Plan prepared by Shanks Associates, dated February 10, 1999, in the Cave Spring 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. 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: (1) The large parcel (5.26 acres) will be developed for general commercial use in either one parcel or may be divided into smaller parcels or a commercial condominium for conveyances and general commercial areas. (2) A buffer strip, as shown on the March 22, 1999 plan, shall be located along the property line adjoining the properties on Westmoreland Avenue. (3) No parking lot light pole shall exceed 22' above grade. (4) No off premises advertising signs shall be allowed on the property. (5) All retaining walls constructed on the property shall be constructed as split faced architectural block or equivalent. (6) The finished floor elevation of any building on the 5.26 acre parcel shall be no higher than 1150 feet. (7) The total square footage to be developed on the 5.26 acre parcel E shall not exceed 50,000 square feet of commercial uses. (8) The following C-2 uses shall be prohibited on the 5.26 acre parcel: Home Occupation, Type I; Halfway House; Park and Ride Facility; Post Office; Public Parks and Recreational Areas; Bed and Breakfast; Boarding House; Commercial Outdoor Sports and Recreation; Gasoline Station; Kennel, Commercial; Pawn Shop; Recycling Centers and Stations; Amateur Radio Tower; Parking Facility. (9) The following uses permitted in C-2 with a Special Use Permit shall be prohibited on the 5.26 acre parcel: Automobile Repair Services, Major; Dance Hall; Manufactured Home Sales; Truck Stop; Landfill, Rubble; Transportation Terminal; Outdoor Gatherings; Restaurant, Drive -In and Fast Food. (10) The exterior of all buildings will be constructed of brick, drivit and/or masonry on all sides of buildings. All buildings will be finished to grade with said materials. (11) The property may be developed in substantial conformity with the conceptual development plan prepared by Shanks Associates dated March 22, 1999, attached hereto and made a part hereof. (12) The three parcels designated as Site A, Site B, and Site C on the plans prepared by Shanks Associates dated March 22, 1999, attached hereto, may be developed either for one, two or three fast food restaurants with traffic flow patterns in substantial accordance with the plans attached hereto if Special Use Permits are issued for the same, or should any or all of said sites not be used for fast food restaurants, those portions of the property may be used for any use permitted in a C-2 district other than those which are prohibited on the 5.26 acre parcel by the provisions of these proffers. 5. That said real estate is more fully described as follows: BEGINNING at a point on the northerly side of Virginia Route 419, Electric Road, at the southwesterly corner of the Rite Aid property; thence leaving Route 419 and 3 with the Rite Aid property and proceeding N. 01 deg. 50 sec. 26 min. W. 111.57 feet to a point; thence N. 13 deg. 23 sec. 34 min. E. 116.17 feet to a point; thence N. 82 deg. 29 min. 30 sec. E. 58.55 feet to a point; thence N. 11 deg. 40 min. 25 sec. E. 313.06 feet to a point; thence S. 76 deg. 56 min. 51 sec. E. 1.54 feet to a point; thence N. 23 deg. 09 min. 59 sec. E. 166.11 feet to a point; thence S. 74 deg. 21 min. 55 sec. E. 110.78 feet to a point; thence S. 59 deg. 35 min. 55 sec. E. 519.51 feet to a point; thence s. 38 deg. 31 min. 50 sec. W. 344.09 feet to a point; thence S. 53 deg. 23 min. 02 sec. E. 236.76 feet to a point; thence S. 64 deg. 49 min. 34 sec. W. 101.93 feet to a point; thence S. 55 deg. 31 min. 06 sec. E. 34.13 feet to a point; thence S. 20 deg. 06 min. 28 sec. W. 136.88 feet to a point; thence N. 79 deg. 03 min. 14 sec. W. 359.12 feet to a point; thence N. 64 deg. 54 min. 15 sec. W. 298.98 feet to the point of beginning. 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, 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 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1999 ORDINANCE 032399-9 GRANTING A SPECIAL USE PERMIT TO VAUGHN WILBURN TO CONSTRUCT MINI -WAREHOUSES TO BE LOCATED IN THE 7200 BLOCK OF BARRENS ROAD (TAX MAP NO. 27.13-5-47), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Vaughn Wilbum has filed a petition to construct mini -warehouses to be located in the 7200 block of Barrens Road (Tax Map No. 27.13-5-47) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 23, 1999; the second reading and public hearing on this matter was held on March 23, 1999. 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 Vaughn Wilburn to construct mini -warehouses to be located in the 7200 block of Barrens Road (Tax Map No. 27.13-5-47) in the Hollins 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) A planting strip as shown on the attached plan entitled "1 st Security Self Storage, Roanoke Co., Virginia" prepared by Providence 1 Engineering, dated 3/23/99, shall be provided adjacent to Barrens Road, South Drive, and the Peters Creek Apartments. Leyland Cypress trees shall be planted within this planting strip. The trees shall be a minimum of 10' in height at the time of planting and shall be planted no more than 5' on center. (2) The outside wall on the front building located on Barrens Road and the outside wall on the building parallel to Peters Creek Road will be of a concrete Tiltwall construction with stucco or textured swirl finish. This construction shall include the office. (3) The color of the buildings and doors shall be nonreflective and of an earthtone colors to blend with the Carilion facility and the Peters Creek Apartments. (4) The signage shall conform to all of the C-1 sign standards instead of C-2 standards. The C-1 sign standards allow for 0.5 square feet of signage per foot of road frontage, a maximum freestanding sign height of 15 feet, and sets a limit of (4) four signs for the business. (5) The mini -warehouse buildings shall be located on the site and access to the site shall be in substantial conformity with the Layout, Access & Landscaping Plan for the 1 st Security Self Storage plan prepared by Providence Engineering under date of December 29, 1998. 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 Johnson to adopt the ordinance with condition #1 amended, and carried by the following recorded vote: 2 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 3 3/23/99 Providence Engineering LM�a• UGONc, DRPJNAGE ��6i±lla( 7f N I Consulting Engineers IST SECUWN SEI SMRAM R(IAMr*F M. ,ARMNIA Ro j1VoKE COUNT'' DEPARTMENT OF COMMUNITY D.L'�TLO PENT Vaughn. W it bwrn Special Uqe Pe—it 27. f 3-v-47 a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1999 DENIAL OF ORDINANCE 032399-10 GRANTING A SPECIAL USE PERMIT TO HASH INVESTMENTS, LLC TO OPERATE A USED AUTOMOBILE DEALERSHIP LOCATED AT 7650 WILLIAMSON ROAD (TAX MAP NO. 27.11-1-24.1), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Hash Investments, LLC has filed a petition to operate a used automobile dealership located at 7650 Williamson Road (Tax Map No. 27.11-1-24.1) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2,1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 23, 1999; the second reading and public hearing on this matter was held on March 23, 1999. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Johnson to DENY the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: r� • 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 1. 27- 22. v� J c,, Ac. 3.00 Ac_ NO A T sv i Qla 31 30, w •,'�� , � a �C� ' y�kkr�1,�t� ` S 2. 80' Ac. � 50 TM11� ri�IF rrnet• a. 9�,�R :gip. •71��.1i� t"!!i'`w"yh iTlCP 23. 000 ol"I� 7.34 Ac.�� i f.0nOp. �1��Z�r 13. ya 1.78 Ac. \'�a .00 12. LAI) 2.40 Ac. :.. 1* d p ',`•.4: 'r 1.37 Ae_ 7.1 co NN. :J N 4. moo , 5: 50 i e2A 9.„5 r� 12 p N 2.30 A- cr 1 �� ROANOKE COUNTY Hash investments LLC D.E'R'ARTHENT OF speciaz Use per-mit COMMUNITY DEVELOPMENT 27.11-1--24.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 23, 1999 ORDINANCE 032399-11 TO CHANGE THE ZONING CLASSIFICATION OF A 14.7 -ACRE TRACT OF REAL ESTATE LOCATED ON THE WEST SIDE OF WILDWOOD ROAD (TAX MAP NOS. 45.01-1-8; 45.01-1-9; 45.01-1-13) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG -1 TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF WILDWOOD DEVELOPMENT, INC. WHEREAS, the first reading of this ordinance was held on February 23, 1999, and the second reading and public hearing were held March 23, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 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 14.7 acres, as described herein, and located on the west side of Wildwood Road (Tax Map Numbers 45.01-1-8; 45.01-1-9; 45.01-1-13) in the Catawba Magisterial District, is hereby changed from the zoning classification of AG -1, Agricultural/Rural Low Density District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Wildwood Development, Inc. 3. That the owners of the property have voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1 (1) The developer shall grant a storm water management easement along Dry Branch for a potential regional storm water management facility. The easement shall include the 100 year floodway, as designated by FEMA, and the boundaries of the open space parcel as it is generally represented on the concept plan dated March 1, 1999, prepared by T.P. Parker and Son. Actual location of storm water management easement to be based on subdivision map. (2) The developer shall grant a green way easement on the east side of Dry Branch. The width of the easement shall extend from the eastern edge of Dry Branch, at bank full width, toward the new development for a width of 30 feet. (3) The development shall be served by a new public street, with one intersection to Wildwood Road. No new driveway shall connect to Goodwin Avenue or Wildwood Road, with the exception of the lot at the intersection of Wildwood Road and Goodwin Avenue, which does not have frontage on the new public street. 4. That said real estate is more fully described as follows: BEGINNING at a point in the center of Wildwood Road (Va. Secondary Route 619) with its intersection with the center of Goodwin Avenue (Va. Secondary Route 635); thence following the center of Wildwood Road, S. 39 deg. 21 min. 02 sec. E. 158.54 feet to a point; thence continuing with Wildwood Road, S. 47 deg. 48 min. 30 sec. E. 33.48 feet to a point, corner to the 1.00 acre tract herein described and the adjoining 11.320 acre tract owned by the Estate of Estelle LaPrade Walker; thence with a line between the 1.00 acre tract and the 11.320 acre tract, S. 24 deg. 17 min. 55 sec. W. 486.85 feet to a point in the center of Goodwin Avenue, being also the center of a bridge crossing a creek; thence with the center of Goodwin Avenue, N. 6 deg. 58 min. 49 sec. E. 194.04 feet to a point; thence continuing with the center of Goodwin Avenue, N. 6 deg. 07 min. 39 sec. E. 301.24 feet to a point; thence continuing with the center of Goodwin Avenue and the property herein described, N. 11 deg. 16 min. 15 sec. E. 98.59 feet to the Point of Beginning and being a parcel of land containing 1.00 acres and being Tax Map No. 45.01-1-8. BEGINNING at a point on the west side of Wildwood Road (Va. Secondary Route 619), said point being on the northerly right-of-way line of Interstate 81; thence leaving Wildwood Road and following the northerly right-of-way line of Interstate 81 2 and the 2.409 acre tract herein described, S. 56 deg. 51 min. 22 sec. W. 252.37 feet to a point in the center of a creek, corner to the William E. Lee property; thence following the center of said creek with a line between the Lee property and the property herein described, N. 84 deg. 53 min. 07 sec. W. 155.33 feet to a point; thence continuing up the creek in between said properties, N. 83 deg. 05 min. 33 sec. W. 54.61 feet to a point; thence continuing up said creek, N. 79 deg. 07 min. 27 sec. W. 67.31 feet to a point, corner to the property of the Estate of Estelle LaPrade Walker; thence with a line between the Walker property and the property herein described N. 37 deg. 30 min. 50 sec. E. 539.88 feet to a point on the west side of Wildwood Road; thence with the west side of Wildwood Road and the property herein described, S. 25 deg. 40 min. 00 sec. E. 252.12 feet to a point; thence with a curve to the left whose arc is 96.15 feet and whose radius is 602.96 feet (chord equals S. 30 deg. 14 min. 06 sec. E. 96.05 feet) to the Point of Beginning, and being a parcel of land containing 2.409 acres and being the property of Pamela H. Bell, Roanoke County Tax Map No. 45.01-1-13. BEGINNING at a point in the center of Wildwood Road (Va. Secondary Route 619), said point being the northeasterly corner of the Estate of Estelle LaPrade Walker property and on the line extended of the Pamela H. Bell property; thence leaving said Point of Beginning and following a line between the Walker property and the Bell property, S. 37 deg. 30 min. 50 sec. W. 587.63 feet to a point in the center of the creek on the line of the William E. Lee property; thence generally up the center of the creek, N. 76 deg. 15 min. 10 sec. W. 169.77 feet to a point; thence continuing up the creek, N. 63 deg. 14 min. 26 sec. W. 41.23 feet; thence continuing up the creek between the Lee property and the property herein described, N. 45 deg. 44 min. 20 sec. W. 110.33 feet to a point; thence continuing up the creek, N. 12 deg. 01 min. 52 sec. E., leaving the Lee property, then with the Clyde A. Hartman property and the property herein described, a total of 293.74 feet to a point, corner to the Harry L. Wimmer property; thence with a line between the Wimmer property, then the Aubrey Desper property and the property herein described, N. 5 deg. 28 min. 08 sec. W. 215.00 feet to a point; thence generally up the creek, continuing with the Desper property and the property herein described, N. 44 deg. 23 min. 08 sec. W. 40.00 feet to a point; thence continuing up the creek, N. 63 deg. 18 min. 08 sec. W. 152.00 feet to a point in the center of Goodwin Avenue (Va. Secondary Route 635) and in the center of the bridge; thence leaving Goodwin Avenue with a line between the property herein described and a 1.00 acre tract also owned by the Estate of Estelle LaPrade Walker, N. 24 deg. 17 min. 55 sec. E. 486.85 feet to a point in the center of Wildwood Road (Va. Secondary Route 619); thence with the center of Wildwood Road, S. 47 deg. 48 min. 30 sec. E. 92.46 feet to a point; thence continuing with the property herein described and following the center of Wildwood Road, S. 50 deg. 08 min. 28 sec. E. 207.83 feet to a point; thence continuing with the center of Wildwood Road, S. 47 deg. 43 min. 07 sec. E. 149.55 feet to a point; thence with a curve to the right and following the center of Wildwood Road whose length is 145.74 feet and whose radius is 366.10 feet (chord equals 3 S. 36 deg. 18 min. 51 sec. E. 144.78 feet to a point); thence continuing with the property herein described and the center of Wildwood Road, S. 24 deg. 54 min. 34 sec. E. 220.66 feet to a point; thence continuing to the center of Wildwood Road, S. 23 deg. 55 min. 01 sec. E. 108.31 feet to the Point of Beginning and being a parcel of land containing 11.320 acres, and being Roanoke County Tax Map No. 45.01-1-9. 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 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 4 ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Witdwood Devetopment,Ine. Rezone ,from AG -1 to R-1 45.01-1-8,9, 13 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 23, 1999 ORDINANCE 032399-12 TO CHANGE THE ZONING CLASSIFICATION OF A 11.66 -ACRE TRACT OF REAL ESTATE LOCATED AT 925 NORTH ELECTRIC .ROAD (TAX MAP NO. 36.15-1-11) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-2, AND GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A 160 FOOT CELLULAR MONOPOLE TOWER, UPON THE APPLICATION OF TRITON PCS, INC. (PINKERTON CHEVROLET) WHEREAS, the first reading of this ordinance was held on February 23, 1999, and the second reading and public hearing were held March 23, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 2, 1999; and reconsidered the matter on March 16, 1999; and reviewed the Findings of Fact which are attached to this ordinance as Exhibit 1; 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 Board concurs in the Findings of Fact attached to this ordinance as Exhibit 1; and 2. That the zoning classification of a certain tract of real estate containing 11.66 acres, as described herein, and located at 925 North Electric Road (Tax Map Number 36.15-1-11) in the Catawba Magisterial District, is hereby changed from the zoning classification of C-2, General Commercial District, with conditions, to the zoning classification of C-2, General Commercial District, with amended conditions. 1 3. That this action is taken upon the application of Triton PCS, Inc. 4. That the Board finds that the granting of a special use permit to Triton PCS, Inc. to construct a 160 foot cellular monopole tower to be located on a 11.66 -acre tract of real estate located at 925 North Electric Road (Tax Map No. 36.15-1-11) in the Catawba Magisterial District is substantially in accord with the adopted 1999 Community Plan pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: 1) Only a monopole broadcasting tower design with 9 Panel antennas shall be permitted. 2) The final site development plan shall generally conform with the "Land Survey" site plan prepared by Atlantis Group, Inc. on October 15, 1998. 3) . The tower structure, antenna, and all attached support hardware shall be a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. In addition, any other accessory structures and fencing shall be of a material and color that blends into the landscape, reducing visibility and light reflection. 4) The 1500 square foot area shall be either enclosed with a 8' high wood privacy fence or evergreen shrubs a minimum of 6' in height shall be planted around the chain link fenced area screening it from surrounding views. 5) 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, except as may be required by the FAA or other governmental or regulatory agency. 6) The tower shall be structurally designed to carry sufficient loading, and the site have the potential to accommodate the additional E equipment necessary for at least three other vendors/providers of communications services, 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. 7) 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. 5. That in 1984 rezoning of this property the owner of the property voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, accepted and the Petitioner/Owner is now requesting be removed: r`i -_ :::AM 0110:M�!1•• 6. That said real estate is more fully described as all of Tax Map No. 36.15-1-11 containing 11.66 acres. 7. 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. 3 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 10 Exhibit 1 ROANOKE COUNTY PLANNING COMMUSSION FINDINGS OF FACTS AND CONCLUSIONS March , 1999 PETITION: Triton PCS, Inc. Pinkerton Site FILE NO.: 4-2/99 Findings of Fact: Supporting Approval of the Tower: 1. The proposed tower is not located on the ridge line of a prominent mountain, within a critical viewshed of the Blue Ridge Parkway or Appalachian Trail, or adjacent to an area designated as being an area of historic, ecological, or cultural importance. 2. The telecommunications facility provides the opportunity for the co -location of three other providers. 3. The proposed tower site is currently served by existing roads and utilities. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 23, 1999 ORDINANCE 032399-13 TO CHANGE THE ZONING CLASSIFICATION OF A 11.93 -ACRE TRACT OF REAL ESTATE LOCATED IN THE 2600 BLOCK OF RUTROUGH ROAD (TAX MAP NO. 79.02-1-23.2) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG - 3 TO THE ZONING CLASSIFICATION OF AR AND GRANTING A SPECIAL USE PERMIT TO ALLOW A 9 -HOLE GOLF COURSE ON TAX MAP NO. 79.02-1-23.2 AND 79.02-1-21, UPON THE APPLICATION OF RANDALL WAYNE BROWN WHEREAS, the first reading of this ordinance was held on November 17, 1998, and the second reading and public hearing were held January 26, 1999, at which time this rezoning was denied; and WHEREAS, on February 9, 1999, a motion to reconsider the denial of this rezoning was approved, advertisements of the reconsideration were published twice in the local newspaper, and this matter was placed on the March 23, 1999 agenda for reconsideration; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 1, 1998 and January 5, 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 11.93 acres, as described herein, and located in the 2600 block of Rutrough Road (Tax Map Number 79.02-1-23.2) in the Vinton Magisterial District, is hereby changed from the zoning 1 classification of AG -3, Agriculture/Rural Preserve District, to the zoning classification of AR, Agriculture/Residential District. 2. That this action is taken upon the application of Randall Wayne Brown. 3. That the Board finds that the granting of a special use permit to Randall Wayne Brown to allow a 9 -hole golf course to be located in the 2600 block of Rutrough Road (Tax Map No. 79.01-2-23.2 and 79.01-2-21) in the Vinton 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) Lighting shall be limited to the last three holes on the golf course. (2) Height of the light poles shall be limited to a maximum of 24 feet. (3) Lights shall be turned off'/ hour after sundown. 4. That said real estate (Tax Map No. 79.02-1-23.2) subject to the rezoning is more fully described as follows: BEGINNING at an iron pin on the southerly side of Rutrough Road (Va. Sec. Rt. 658) said point also being the southeast corner of a 30 ft. right of way over that certain tract or parcel of land containing 0.48 acre as shown on plat of survey for Denise L. St. Clair of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Deed Book 1048, page 583; thence along the southerly side of Rutrough Road with a curve to the left whose radius is 1,847.28 feet an arc of 318.65 feet and whose chord bearing distance is S. 50 degs. 24' 30" E. 318.25 feet to an iron pin; thence continuing with the south side of Rutrough Road S. 55 deg. 21' E. 428.20 feet to an iron pin; thence leaving Rutrough Road S. 55 deg. 19' W. 615.36 feet to a white oak; thence N. 40 deg. 29'W. 306.46 feet to an iron pin on westerly side of post; thence S. 47 deg. 38' W. 330.12 feet passing a double chestnut oak to an iron pin; thence N. 73 deg. 35 W. 244.80 feet to an iron pin; thence N. 34 deg. 07' E. 355.20 feet to an iron pin; thence with a curve to the left with a radius of 67.36 feet a tanger of 36.06 feet and whose chord bearing distance is N. 5 deg. 57' 30" E. 63.58 feet to an iron pin; thence N. 22 deg. 12' W. 158.87 2 recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, VA, in Deed Book 1048, page 583. 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 Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: A/- ✓ 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 DEPA,R'Ii"AMNT OF P-"2FNING BROWN SITE �`MM zorrrrrG TAX MAP # 79,02-1-23,2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1999 ORDINANCE 032399-14 VACATING AND CLOSING AS PUBLIC RIGHT- OF-WAY A PORTION OF GARMAN ROAD (RT. 929) SHOWN IN PLAT BOOK 3, PAGE 51 (CATAWBA MAGISTERIAL DISTRICT) WHEREAS, Roanoke County and the Kroger Company (Topvalco, Inc.), the Petitioners, have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close as public right-of-way a portion of Garman Road, measuring fifty feet (50') in width and 0.16 miles in length, extending from West Main Street (Route 11/460), being shown and dedicated on plat of Fort Lewis Estates, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, Page 51; and, WHEREAS, the Kroger Company (Topvalco, Inc.), is the owner of the parcels of land adjacent to Garman Road, said parcels being designated on the Roanoke County Land Records as 55.03-3-3, 55.03-3-4, 55.03-3-5, 55.03-3-6, 55.03-1-20 and 55.03-1-21, in the Catawba Magisterial District; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, 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 §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on March 9, 1999; the public hearing and second reading of this ordinance was held on March 23, 1999. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of right-of-way, situate in the Catawba Magisterial District and known as Garman Road, measuring fifty feet (50') in width and 0.16 miles in length, extending from West Main Street (Route 11/460), as shown on plat of Fort Lewis Estates, recorded in the aforesaid Clerk's Office in Plat Book 3, Page 51, be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual water line easement, twenty feet (20') in width, and extending southeasterly from West Main Street (Route 11/460) a distance of 0.16 miles, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future water lines, pipes, facilities, system and other necessary or related structures, appurtenances and improvements, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown and desig- nated as "20' WATERLINE EASEMENT BEING RESERVED BY ROANOKE COUNTY" on the plat entitled 'A Portion of Garman Road - To be Vacated and Waterline Easement - Being Reserved by Board of Supervisors of Roanoke County, Virginia' prepared by Lumsden Associates, P.C., dated March 4, 1999, attached hereto and made a part hereof. b. That fee simple title to the centerline of Garman Road shall vest in the owners of the abutting properties as provided in §15.2-2274 of the Code of Virginia (1950, as amended), subject to the above-described water line easement and subject to the condition that the vacated area of land shall be added and combined, by deed or by plat, to said abutting properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. C. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners; and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such 2 actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. 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 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 Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment 3 C �, rn Se- op 55.09 \\ t 100' 20. 3.81 Ac xwO J7W �yA N� Q V 4.. '.+ TRUCK WASH N� 21 2. g ,ran , z92s 1.00, Ac. 4.05 Ac. 5. a 21 NNp WH WH W F KROGER OFFICE F, CENTER 3.75 Ac. . 8. 9°b ,fee'- ,A,.'-%$ ,W?3 ao•�' 9. ,a35 10. �' 11. � • ' 12. 13. 7 14. s m 3170 8. 1,04 Ac _ JO r1 ao 3.48 Ac gtie" e 24 24. 2.65 Ac 23. 3.42 Ac KROGER WAREHOUSE PROPOSED ADDITION SHOWN IN CRAY DESCRIPTION: GARMAN ROAD LENGTH: (1) 0.21 miles RIGHT OF VA Y. (1) 50/80 feet varies PAVEMENT WIDTH (1) 36 feet SERVICE: (1) .REPLACING EXISTING ROAD D� IW J� ,o° 3454 1i0 5. -i yq. B • � 7. 4.73 AC. 5 q� A` 1 Lo L C c 25. 5.94 Ac.(p) 5.20 ROANOKE COUNTY DEPARTMENT OF ROAD ACCEPTANCE & ABANDONMENT COMMUNITY DEVELOPMENT OF CARMAN ROAD 55.03 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1999 ORDINANCE 032399-15 VACATING AND CLOSING AS PUBLIC RIGHT- OF-WAY WASHINGTON ROAD IN PINKARD COURT SUBDIVISION SHOWN IN PLAT BOOK 1, PAGE 363 WHEREAS, the Petitioner, Lowe's Home Centers, Inc., is the owner of the lots in Pinkard Court Subdivision and the properties fronting on the southwest side of Washington Road in said subdivision; and, WHEREAS, the Petitioner is in the process of developing the properties for a retail business in the County of Roanoke; and, WHEREAS, the Petitioner has requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close Washington Road as public right-of-way, said street having been created and shown on the "Map of Pinkard Court" recorded in Plat Book 1, Page 363; and, WHEREAS, a portion of Valley Avenue, all of Pinkard Avenue, Meadow View Road, Booker Road, and Summit Avenue, and all alleys in Pinkard Court Subdivision have been previously vacated pursuant to Ordinance # 021098-9; and, WHEREAS, Washington Road is no longer required as a public right-of-way; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, 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 §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on March 9, 1999; the public hearing and second reading of this ordinance was held on March 23, 1999. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the public right-of-way, situate in the Cave Spring Magisterial District of Roanoke County, shown and cross -hatched on Exhibit A attached hereto, and referenced as Washington Road, created on plat entitled "Map of Pinkard Court", recorded in the aforesaid Clerk's Office in Plat Book 1, Page 363, be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That fee simple title to said road shall vest in the owner(s) of the abutting properties within the subdivision as provided in §15.2-2274 of the Code of Virginia (1950, as amended), subject to the condition that the vacated areas of land shall be added and combined, by deed or by plat, to said abutting property, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. b. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner, Lowe's Home Centers, Inc.; and, 2. That the County Administrator, any Assistant County Administrator, or any County Subdivision Agent, is hereby authorized to execute such other documents and take such further actions on behalf of Roanoke County as may be necessary to accomplish the 2 provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. 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 Minnix 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 Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment 3 4 STREET TO BE VACATED\9 PREVIOUSLY VACATED "... gfi Aa. Rt. G6.£ am - 0" S Washington Rd To Be Vacated l e�' lk' qee l o. u: ..ding supply ry�y t 2YL .1a. a .• F. Y`�1� "� Common Areas assessed pro artionatel €...., _ t NOR T with eWaw unit y 9 i� go 73J_Is — `ate' —/171 0- 3' .3\ ' Quail Valley Condominiums q /O P:05- 2 rawsb Wash•gip:i t4gt amr a F:D. .7 mss_ r 19. 3eAW IL . q0p +oma A. 16. '`f '°P� 30. ..a+p` u .art ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT WASHINGTON ROAD TO BE VACATED Tax Map No. 87.08-1-5 02—,24-99 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1999 ORDINANCE 032399-16 TO VACATE A PORTION OF A 15 -FOOT DRAINAGE EASEMENT ON PLAT SHOWING SECTION NO. 1, EDGEMONT OF VINTON, PLAT BOOK 16, PAGE 41, AND FURTHER SHOWN ON LOT 5, BLOCK 3, SECTION 2, EDGEMONT OF VINTON, PLAT BOOK 18, PAGE 130, AND REVISED PLAT OF SECTION NO. 2, EDGEMONT OF VINTON, PLAT BOOK 18, PAGE 171, IN THE VINTON MAGISTERIAL DISTRICT (TAX MAP NO. 61.02-7-1) WHEREAS, by subdivision plat entitled `PLAT SHOWING SECTION NO. 1 "EDGEMONT OF VINTON,", dated September 10, 1993, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 16, page 41, a fifteen -foot (15') drainage easement was shown and created on remaining portion of Tax #61.02-1-52, Property of C. & S. Development Corp., the subject easement being designated on said plat as "NEW 15' D.E."; and, WHEREAS, by said subdivision plat entitled `PLAT OF SUBDIVISION FOR C. & S. DEV. CORP. CREATING HEREON SECTION NO. 2, "EDGEMONT OF VINTON"', dated February 24, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 130, the existing fifteen -foot (16) drainage easement was shown on Lot 5, Block 3, Section 2, the subject easement being designated on said plat as "EXIST. 15' D.E."; and WHEREAS, the subject easement is further shown on Lot 5, Block 3, Section 2 of `PLAT OF SUBDIVISION FOR C. & S. DEV. CORP. CREATING HEREON REVISED SECTION NO. 2 "EDGEMONT OF VINTON"', dated February 24, 1995, revised May 20, 1996, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 171, and designated on said plat as "EXIST. 15' D.E."; and, WHEREAS, the Petitioner, Charles R. Simpson, has requested that the above- described existing 15' drainage easement, be vacated, and the current owners of Lot 5, Block 3, Section 2, Edgemont of Vinton, Charles E. Jones, Jr. and Deborah C. Jones, concur with the request; and, WHEREAS, the construction of a proposed dwelling on Lot 5 will result in an encroachment on the subject drainage easement and the Petitioner has requested that it 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 March 9, 1999, and the public hearing and second reading of this ordinance was held on March 23, 1999. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the drainage easement being designated and shown as "Easement to be Vacated" on Exhibit A attached hereto, said easement having been dedicated on `PLAT SHOWING SECTION NO. 1 "EDGEMONT OF VINTON"', dated September 10, 1993, and recorded in the aforesaid Clerk's Office in Plat Book 16, page 41, and further shown on `PLAT OF SUBDIVISION FOR C. & S. DEV. CORP. CREATING HEREON SECTION NO. 2, "EDGEMONT OF VINTON"', dated February 24, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 130, and further shown on `PLAT OF SUBDIVISION FOR C. & S. DEV. CORP. CREATING HEREON REVISED SECTION NO. 2 "EDGEMONT OF VINTON"', dated February 24, 1995, revised May 20, 1996, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 171, in the Vinton Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2 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 Nickens 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 Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment 3 4 Fro -.--. - - — Go. tprt� M Phone • ` 1 w0 9� Fax Ci OUPA� O P\ i _ -&4 7.5' !NE 1-2 DRAINA I BEARING 4#'08' SEMENT DISTANCE 34.91 2-3 7'08' 4.$ CI-[. 3-4 `S3' 4.31 4-5 50' 3208 5-1 1 N '64'E 1 7.77 CURVE DATA FOR 2-3: RADIUS •+ 22.50' LENGTH 4.85' DELTA — 11'51'11' EXI EX I ST. BLOCK 3, SECTION N.o. 1 'EDGEMONT OF VINTON- (P.B. ie. PG_ 41) a v / PROPERTY OF v CHARLES I« JONES, JR. do DEBORAH C. JONES an �' ' �D.6_ 1803, PG. 1781 LOT 4 z PROPOSED 7.5 DRAINAGE EASEMENT BY SEPARATE DEED \�� NEW 7.5' PROPOSED 15' DRAINAGE EASEMENT` DRAINAGE BY SEPARATE DEED l 1 ,l~` EASEMENT LOT g PARCEL A-1 8S GREYSTOKE PARTNERSHIP SUBDIVISION (_ (D.B. 1450, PG. 1138) 5 OTE: 1) THIS PLAT WAS PREPARED WITHOUT THE BENEi9T OF A CURRENT TITLE REPORT AND THERE MAY EXIST ENCUMBRANCES WHICH AFFECT THE PROPERTY NOT SHOWN HEREON. PLAT SHOWING op NEW 7.5DRAINAGE EA_SFV7VT BLOCX 3, SECTION No. 2 "EDGEMONT OF VINTON" (P.S. 18. PG: 171) i/2�/f'P Cs . LOCATED ON "B� V , fACZ , 1' � _Mc>=NT� L©T � 5, BL �cI{ 3, SECTioN 2 EDGEMONT P.B. 18 PG. 171) No. 1428B BEING DEDICATED BY CHARLES E. JONES, JR. 8c DEBORAH C. JONES RONOKUOA E COUNTY BOARD RD of SUPERVISORS VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1' a 50' DATE: 26 JANUARY 1999 LUMSDEN ASSOCI s, P.C. ENGINEERS --SURVEYORS L.ANNEIRS ROANOKE, VIRGI A AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1999 ORDINANCE 032399-17 GRANTING A SPECIAL USE PERMIT TO THE ROANOKE COUNTY SCHOOL BOARD TO CONSTRUCT A HIGH SCHOOL TO BE LOCATED ON THE WEST SIDE OF BRAMBLETON AVENUE, WEST OF PLEASANT HILL DRIVE, SOUTH OF FARMINGTON DRIVE (TAX MAP NOS. 76.20-6-16, 86.07-1-1, 86.08-4-33 ), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, the Roanoke County School Board has filed a petition to construct a high school to be located on the west side of Brambleton Avenue, west of Pleasant Hill Drive, south of Farmington Drive (Tax Map Nos. 76.20-6-16, 86.07-1-1, 86.08-4-33) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 23, 1999; the second reading and public hearing on this matter was held on March 23, 1999. 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 the Roanoke County School Board to construct a high school to be located on the west side of Brambleton Avenue, west of Pleasant Hill Drive, south of Farmington Drive (Tax Map Nos. 76.20-6-16, 86.07-1-1, 86.08-4-33) in the Windsor Hills 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 1 following conditions.- (1) onditions: (1) Development of the Woods End property will be guided by The site will .be developed On genera' eenformanee w the Concept Plan and Concept Diagram prepared by SFCS and dated 1/25/99. Site facilities shown on the Concept Plan may be located and expanded within the general areas portrayed on the Concept Diagram. All proposed recreation areas shall be passive field areas with the exception of proposed track, baseball/softball field, and tennis courts. Parking may be provided for the recreation areas. The tennis courts may be relocated to any designated recreation area. (2) fa) An area of the site as generally shown on a conceptual plan entitled Mudlick Regional Storm water Management Facility and dated March 2, 1999 shall be reserved and permanently set aside by easement for the possible development of a regional Storm water detention facility. Only passive recreational facilities, the shown access road, and a green way shall be allowed within this general area. (3) {4) A minimum 30 foot wide area.along the entire length of Mudlick Creek from Canter Drive to Farmington Drive shall be set aside and reserved 2 by easement or other suitable instrument for a possible future green way on the property. The exact location of this green way area will be determined at site plan review and approval. (4) f5} If a regional Storm water detention facility is constructed on this property, construction of the facility shall incorporate the installation of a paved 10 foot wide green way trail along the entire length of the above referenced green way easement area. (5) (6) Final site plans for the property shall show all required screening and buffering areas as required by the Roanoke County zoning ordinance. (6) (-g) A minimum of 550 parking spaces shall be provided on the site. 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 McNamara to adopt the ordinance with change to Condition #1, and deletion of Conditions #2 and #7, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: Supervisor Nickens 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 John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board F, RJANOKF COUNTY DEPARTMENT QE COMMUNITY DEVELOPMENT Woods End Sehool Site Special Use Pei -mit 86.07-1-1, 76.20-6-1, 86.08-4-33