HomeMy WebLinkAbout12/19/2000 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, DECEMBER 19, 2000
RESOLUTION 121900-1 TO THE GENERAL ASSEMBLY SUPPORTING
TAX EXEMPTION OF PROPERTY OWNED BY DEPAUL FAMILY
SERVICES, INC. AND USED FOR ITS CHARITABLE, EDUCATIONAL,
AND RECREATIONAL PURPOSES ON A NON-PROFIT BASIS
WHEREAS, DePaul Family Services, Inc. (DePaul) has petitioned this Board for
support of a bill to be introduced at the 2001 Session of the Virginia General Assembly to
exempt certain property of DePaul from taxation pursuant to Article X, Section 6(a)(6) of
the Constitution of Virginia; and
WHEREAS, a public hearing at which all citizens had an opportunity to be heard with
respect to the Foundation's request was held by the Board on November 14, 2000, and
continued until December 19, 2000; and
WHEREAS, the provisions of subsection B of Section 30-19.04 of the 1950 Code
of Virginia, as amended, have been examined and considered by the Board; and
WHEREAS, DePaul agrees that the property to be exempt from taxation is the
property of DePaul Family Services, Inc.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That, in accordance with Section 30-19.04 of the 1950 Code of Virginia, as
amended, the Board supports an exemption from taxation under Article X, Section 6 (a)(6)
of the Constitution of Virginia of property owned and used by DePaul Family Services, Inc.
for its charitable, educational, and benevolent purposes. This resolution is adopted by the
Board after holding a public hearing with respect hereto as to which public notice was given
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and at which citizens had an opportunity to be heard. In adopting this Resolution, the
Board has examined and considered the provisions of subsection B of Section 30-19.04
of the 1950 Code of Virginia, as amended. The assessed value of the property owned and
used by DePaul is $759,900 and the property tax is $8,586. The Tax Parcel No. of the
property owned by DePaul is 28.13-1-27.3.
2. The Clerk is directed to forward an attested copy of this Resolution to the
Chairman of the Committee of the General Assembly considering the designation of
property to be exempt from taxation pursuant to Article X, Section 6(a)(6) of the
Constitution of Virginia, to the Commissioner of the Revenue and the Treasurer for
Roanoke County, and to DePaul Family Services, Inc.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
Brenda J. Hol n, CMC
Deputy Clerk to the Board of Supervisors
cc: Paul M. Mahoney, County Attorney
David Porter, Director, Economic Development
The Honorable C. Richard Cranwell, Co -Chair, House Finance Committee
The Honorable Harry J. Parrish, Co -Chair, House Finance Committee
The Honorable John H. Chichester, Chair, Senate Finance Committee
The Honorable R. Wayne Compton, Commissioner of Revenue
The Honorable Alfred C. Anderson, Treasurer
John W. Birckhead, Director, Real Estate Assessment
Herb Beskar, Executive Director, DePaul Family Services, Inc.
Diane D. Hyatt, Chief Financial Officer
Danial Morris, Director, Finance
FA
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 19, 2000
RESOLUTION 121900-2 APPROVING THE APPLICATION OF NORTH
CROSS SCHOOL TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF SALEM, VIRGINIA FOR ISSUANCE OF REVENUE BONDS
NOT TO EXCEED $8,000,000
WHEREAS, The Industrial Development Authority of the City of Salem, Virginia (the
"Authority") has considered the application of North Cross School (the "Borrower")
requesting the issuance of one or more of the Authority's revenue bonds or notes in an
amount not to exceed $8,000,000 (the "Bonds") to assist in financing the construction,
expansion, renovation and equipping (including landscaping) of various buildings and other
facilities on the Borrower's campus (the "Project"), which is located at 4254 Colonial
Avenue, S. W ., in Roanoke County , Virginia (the "County"), and which Project will be
owned and operated by the Borrower, and the Authority has held a public hearing thereon;
and
WHEREAS, it has been requested that the Board of Supervisors (the "Board") of the
County approve the financing of the Project and the issuance of the Bonds, and such
approval is required for compliance with Section 147(f) of the Internal Revenue Code of
1986, as amended;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA:
1. The Board approves the financing of the Project and the issuance of the Bonds
by the Authority for the benefit of the Borrower, as required by said Section 147(f), to permit
the Authority to assist in the financing of the Project. The Board concurs with the resolution
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adopted by the Authority on November 1,2000 with respect to the Bonds and the Project.
2. The approval of the issuance of the Bonds, as required by said Section 147(f),
does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower
or otherwise indicate that the Project possesses any economic viability .The Bonds shall
provide that neither the Commonwealth of Virginia (the "Commonwealth") nor any political
subdivision thereof, including the County, the City of Salem (the "City") and the Authority,
shall be obligated to pay the principal of or interest on the Bonds or other costs incident
thereto except from the revenues and receipts pledged therefor and that neither the faith
or credit nor the taxing power of the Commonwealth or any political subdivision thereof,
including the County, the City and the Authority , shall be pledged thereto.
3. This Resolution shall take effect immediately upon its adoption.
On motion of Supervisor Nickens to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
Brenda J. Ho ton, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Alton L. Knighton, Jr., Attorney at Law
Forest Jones, Salem City Manager
David Porter, Secretary/ Treasurer, Roanoke County Industrial Development
Authority
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 19, 2000
ORDINANCE 121900-3 AUTHORIZING THE CREATION OF AND
FINANCING FORA LOCAL PUBLIC WORKS IMPROVEMENT PROJECT,
WEBSTER ROAD WATER PROJECT
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 Webster Road 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 ten years at an
interest rate of 8%; and
WHEREAS, the first reading of this Ordinance was held on December 5, 2000, and
the second reading was held December 19, 2000; and
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. 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
the Webster Road community. The total construction cost of this public water project is
estimated to be $44,550, to be initially financed as follows:
Citizen Participation (5 at $4,455 each)
$22,275
Advance from Public Works Participation
Fund
$22,275
TOTAL
$44,550
That there is hereby appropriated for this project the sum of $22,275 from the Public
Works Participation Fund. Any citizen participation under paragraph 3. will be advanced
as a loan from the Water Fund.
2. That the "Project Service Area" is shown and designated on the attached plat
entitled "Webster Road Waterline Petition Project, December 5, 2000" prepared by the
Roanoke County Utility Department and identified as Exhibit 1. The Webster Road
Waterline 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 at a minimum the sum of $5,800 ($4,455 toward construction costs
plus [$30 x length of road frontage in excess of 250 feet], plus $1,345 toward the off-site
facility fee) said costs to be paid in full and in advance of connection to the public water
extension.
3. That the Board authorizes and approves the payment by the property owners
in the project service area, who elect to participate on or before 90 days from the date of
the adoption of this ordinance, of their 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 per property owner/residential connection may be financed
for 10 years at an interest rate of 8% per annum.
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(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.
4. Property owners who wish to participate after the deadline set out in
paragraph 3 (other than new property owners) shall pay a minimum of $5,346 ($4,455
construction costs plus 20% plus $30 x length of road frontage in excess of 250 feet) plus
the off-site facility fee in effect at that time.
5. That the payment by citizens in the project service area who elect to
participate shall be made to the Public Works Participation Fund. Any off-site facility fee
collected on this project shall be returned to the Water Fund.
6. 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.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
3
A COPY TESTE:
Brenda J. Holt n, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Gary Robertson, Director, Utility
Paul M. Mahoney, County Attorney
Diane D. Hyatt, Chief Financial Officer
Dan Morris, Director, Finance
4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, DECEMBER 19, 2000
ORDINANCE 121900-4 RATIFYING AND APPROVING A CONTRACT OF
SALE WITH BILLY BUCK GUTHRIE AND BARBARA B. GUTHRIE FOR
THE PURCHASE OF 2.797 ACRES OF LAND, BEING THE WESTERLY
PORTION OF PROPERTY IDENTIFIED ON THE ROANOKE COUNTY
LAND RECORDS AS TAX MAP NO. 97.05-1-3, AND AUTHORIZING THE
ACQUISITION AND ACCEPTANCE OF SAID REAL ESTATE FOR PARKS
AND RECREATION DEVELOPMENT PURPOSES (CAVE SPRING
MAGISTERIAL DISTRICT)
WHEREAS, Billy Buck Guthrie and Barbara B. Guthrie are the owners of a parcel
of real estate situate in the Cave Spring Magisterial District of the County of Roanoke,
Virginia, consisting of four (4) acres, more or less, located at 6453 Merriman Road, and
identified on the Roanoke County Land Records as Tax Map No. 97.05-1-3, which is
adjoins the new South County Park property owned by the Board of Supervisors; and,
WHEREAS, Roanoke County staff has negotiated and executed a contract of sale,
dated November 27, 2000, for the purchase of the westerly 2.797 acres of said parcel to
accommodate additional facility development for the Park and the relocation of the south
county maintenance shop, subject to the approval of the Board of Supervisors; and,
WHEREAS, the contract provides for payment of a purchase price of $48,000.00,
installation of a tree buffer along the new boundary line at an estimated cost of $1,000, and
payment of approximately $2,000 in closing costs and fees, including expenses of the
sellers; and,
WHEREAS, park and recreation uses constitute a valid public purpose for the
expenditure of public funds; 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 December 5, 2000; the second reading was held on
December 19, 2000.
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THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the contract of sale, dated November 27, 2000, with Billy Buck Guthrie
and Barbara B. Guthrie for the purchase of the westerly 2.797 acres of a 4 -acre parcel of
real estate situate in the Cave Spring Magisterial District of the County of Roanoke,
Virginia, located at 6453 Merriman Road, and identified on the Roanoke County Land
Records as Tax Map No. 97.05-1-3, is hereby ratified and approved.
2. That acquisition and acceptance of the parcel, referenced above, from Billy
Buck Guthrie and Barbara B. Guthrie, is hereby authorized and approved, said parcel being
more particularly described as follows:
All that certain tract or parcel of land, together with any improvements
thereon, rights incident thereto, and appurtenances thereunto belonging,
situate in the Cave Spring Magisterial District of the County of Roanoke,
Virginia, consisting of 2.797 acres, more or less, as shown highlighted and
designated as "PORTION OF TAX #97.05-1-3 — 2.797 AC." on `Plat Showing
The Subdivision Of (4.060 Acres) And Combination Of (50.475 Acres) Being
The Property of The Board Of Supervisors Of Roanoke County ...' dated
August 18, 2000, prepared by Lumsden Associates, P.C., a partial copy of
which is attached hereto as Exhibit A.
3. That the sum of Forty -Eight Thousand Dollars ($48,000.00) for the acquisition
of this real estate and the sum of Three Thousand Dollars ($3,000.00) for related
expenses, including tree buffer costs, the environmental audit, recordation fees, legal fees,
title insurance and all other closing costs, is available in the Parks and Recreation
Department budget.
4. 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 may be necessary to accomplish this acquisition and accept the
property, all of which shall be approved as to form by the County Attorney.
5. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the following
2
recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
A A '0 - �, n j-&
renda J. H on, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Pete Haislip, Director, Parks, Recreation & Tourism
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Valuation
Paul M. Mahoney, County Attorney
3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 19, 2000
RESOLUTION 121900-5 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 December
19, 2000, 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
9, inclusive, as follows:
1. Approval of minutes for October 24, 2000.
2. Resolution of Appreciation upon the retirement of Audrey Bower, Community
Development Department, after more than 15 years of service.
3. Confirmation and ratification of committee appointments to Blue Ridge
Community Services Board of Directors, Roanoke County Cable Television
Committee, and Roanoke Valley Regional Cable TV Committee.
4. Acceptance of $1,000 donation from the Salem Rotary Club to support the
Police Department's School Services Unit.
5. Acceptance by Police Department of $18,000 grant from Department of
Motor Vehicles selective enforcement on Interstate 81.
6. Request for acceptance of Peace Lane into the Virginia Department of
Transportation Secondary System.
7. Acceptance of water and sewer facilities serving The Groves, Sections 5 and
6.
8. Acceptance by County Schools of $6,720 grant from the Virginia Department
of Education to support mentor teacher program.
1
9. Transfer of funds from Sewer Surplus to Sewer Repair and Replacement
Fund.
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 McNamara to adopt the Consent Resolution, and carried
by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
Brenda J. Hol n, CMC
Deputy Clerk to the Board of Supervisors
cc: File
James R. Lavinder, Chief of Police
Diane D. Hyatt, Chief Financial Officer
Danial Morris, Director, Finance
Gary Robertson, Director, Utility
Arnold Covey, Director, Community Development
Tom Hall, Assistant Superintendent of Personnel
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 19, 2000
RESOLUTION 121900-5.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF AUDREY J. BOWER, COMMUNITY DEVELOPMENT
DEPARTMENT, AFTER MORE THAN FIFTEEN YEARS OF SERVICE
WHEREAS, Audrey J. Bower was first employed by Roanoke County on September
3, 1985 as a secretary in the Engineering and Planning Department; and also served as
Planning Projects Coordinator; and
WHEREAS, Ms. Bower retired from Roanoke County on October 1, 2000 as a
Program Support Specialist with the Community Development Department after more than
fifteen years of service; and
WHEREAS, Ms. Bower served as the Recording Secretary for the Roanoke County
Planning Commission; and
WHEREAS, Ms. Bower, as Recording Secretary for the Planning Commission,
played the crucial role of ensuring that the Planning Commission agendas, legal ads, and
bi-monthly packets of information were correctly prepared and timely distributed; and
WHEREAS, Ms. Bower, through her employment with Roanoke County, has been
instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
1
County to AUDREY I BOWER for more than fifteen years of capable, loyal and dedicated
service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a happy,
restful, and productive retirement.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
&ft'k Q. AAI"�O� -
Brenda J. Hol on, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Resolutions of Appreciation File
Arnold Covey, Director, Community Development
Joe Sgroi, Director, Human Resources
2
ACTION NO. A -121900-5.b
ITEM NUMBER °--j—
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 19, 2000
AGENDA ITEM: Confirmation and ratification of Committee appointments to the Blue
Ridge Community Services Board of Directors, Roanoke County
Cable Television Committee and Roanoke Valley Regional Cable TV
Committee
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION
BLUE RIDGE COMMUNITY SERVICES BOARD OF DIRECTORS
At the December 5, 2000 meeting, Supervisor McNamara nominated Gary Kelly to
serve another three year term. His term will expire on December 31, 2003.
The appointment of Mr. John M. Hudgins, Jr., member at large, expires December
31, 2000. The Blue Ridge Community Services Board of Directors passed a resolution on
December 7, 2000 unanimously recommending that John M. Hudgins, Jr. be reappointed.
This appointment must be ratified by all five participating localities.
ROANOKE COUNTY CABLE TELEVISION COMMITTEE
County Administrator Elmer Hodge recommends the appointment of Ms. Kathi
Scearce, Community Relations Director, to replace Anne Marie Green, General Services
Director.
ROANOKE VALLEY REGIONAL CABLE TV COMMITTEE
County Administrator Elmer Hodge recommends the appointment of Ms. Kathi
Scearce, Community Relations Director, to replace Anne Marie Green, General Services
Director. Ms. Green will continue to serve on the Cable TV Negotiating Committee.
1
STAFF RECOMMENDATION:
It is recommended that the above appointments be confirmed and the above
appointment of Mr. Hudgins be ratified by the Board of Supervisors.
Submitted by:
Mary H. Allen CMC
Clerk to the Board
Approved by,
4,X�
Elmer C. Hodge
County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Joseph McNamara to approve Church _ x
Denied () Johnson _ x _
Received () McNamara_ x
Referred () Minnix _ x
To () Nickens _ x _
cc: File
Blue Ridge Community Services Board of Directors
Roanoke County Cable Television Committee
Roanoke Valley Regional Cable TV Committee
2
ACTION NO. A-121900-5. c
ITEM NUMBER: '-' V
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER
MEETING DATE: December 19, 2000
AGENDA ITEM: Acceptance of a One Thousand -Dollar donation from the Salem
Rotary Club to support the Police Department's School Services
Unit.
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: The Salem Rotary Club awarded the Roanoke County Police
Department one thousand dollars to support D.A.R.E. activities.
The Rotary Club was informed of the Police Department's
functions in school operations and determined to continue their
support of the School Services Unit.
SUMMARY OF INFORMATION:
FISCAL IMPACT: There are no matching funds associated with this contribution.
STAFF RECOMMENDTION: The Staff recommends acceptance of this donation for use
by the Police Department's School Services Unit.
S �
SUBMITTED BY: APPROVE
'ef of Poli County Admini rator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Joseph McNamara to approve Church _ x
Denied () Johnson _ x
Received () McNamara_ x
Referred () Minnix _ x _
To () Nickens _ x
cc: File
James R. Lavinder, Chief of Police
Diane D. Hyatt, Chief Financial Officer
Danial Morris, Director, Finance
A -121900-5.d
ACTION NO.
ITEM NUMBER:°`
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER
MEETING DATE: December 19, 2000
AGENDA ITEM: Request acceptance of Department of Motor Vehicles grant in the
amount of $18,000. These funds are for selective enforcement on
Interstate 81.
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
Interstate 81 has a tremendous volume of vehicle and truck traffic. Problems with traffic crashes,
aggressive drivers, and other moving violations are well documented. The Roanoke County
Police Department does not have sufficient manpower to patrol the section of interstate that runs
through the County with any consistency or to conduct selective enforcement activity.
SUMMARY OF INFORMATION:
The police department has officers trained in the enforcement/detection of aggressive drivers and
other motor vehicle/driver violations. Budget constraints do not allow for selective enforcement
projects without additional DMV/grant funding.
FISCAL IMPACT:
The DMV has provided $18,000 in grant funds with no matching funds required. The grant
period runs between October, 2000, and September, 2001.
STAFF RECOMMENDTION:
The staff recommends acceptance of the DMV grant for $18,000.
SUBMITTED BY:
ief of o
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
APPROVED:
County Administrator
ACTION
Motion by: Joseph McNamara to approve
cc: File
James R. Lavinder, Chief of Police
Diane D. Hyatt, Chief Financial Officer
Danial Morris, Director, Finance
VOTE
No Yes Abs
Church _ x
Johnson _ x
McNamara_ x
Minnix — x _
Nickens — x —
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING
ON THE 19TH DAY OF DECEMBER, 2000, ADOPTED THE FOLLOWING:
RESOLUTION 121900-5.e REQUESTING ACCEPTANCE OF PEACE LANE
INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM
WHEREAS, the street described on the attached Addition Form SR -5(A), fully
incorporated herein by reference are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised this Board the streets meet the requirements established by the
Subdivision Street Requirements of the Virginia Department of Transportation,
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999 for comprehensive stormwater detention
which applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions
Form SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code
of Virginia, and the Department's Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage,
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By: Supervisor McNamara
Seconded By: None Required
Yeas: Supervisors Johnson Minnix Church Nickens, McNamara
Nays: None
Absent: None
A Copy Teste:
Brenda J. Ho on, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Virginia Department of Transportation
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Acceptance of Peace Lane into the
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Acceptance of Peace Lane into the
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A -121900-5.f
ACTION #
ITEM NUMBER --;'y" 7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 19, 2000
SUBJECT: Acceptance of Water and Sewer Facilities Serving The Groves, Sections 5
and 6
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Developers of The Groves, Sections 5 and 6, Palm Land Company, L.C., have requested that
Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the
subdivisions along with all necessary easements.
The water and sanitary sewer facilities are installed, as shown on plans prepared by Lumsden
Associates entitled The Groves, Section 5 and The Groves, Section 6, 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 $ 49,135.00 and $ 76,395.00
respectively.
RECOMMENDATION:
Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities
serving The Groves, Section 5 and The Groves, Section 6 subdivisions along with all necessary
easements, and authorize the County Administrator to execute a Deed for the transfer of these
facilities.
SUBMITTED BY:
Gary Robertson, P. .
Utility Director
--------------------------------------------------------
ACTION
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
APPROVED:
Elmer C. Hodge
County Administrator
Motion by: Joseph McNamara to approve
cc: File
Gary Robertson, Director, Utility
Arnold Covey, Director, Community Development
VOTE
No Yes Abs
Church — x _
Johnson _ x
McNamara_ x _
Minnix _ x
Nickens _ x
Return To:
Roanoke County
COPY Attorney's Office
THIS CHATTEL DEED, made this 7th day of December , 2000,
by and between Palm Land Co=auy,L C. , a Virginia Corporation, hereinafter
referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the
"Board," party of the second part.
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties,
the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby
GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL
WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves,
fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and
any and all other equipment and appurtenances thereunto belonging, in and to the water and/or
sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement
areas that have been or may hereafter be installed by the Developer, along with the right to
perpetually use and occupy the easements in which the same may be located, all of which is more
particularly shown, described and designated as follows, to wit:
'_:. r
As shown on the plan entitled The Groves, Section 6
made by Lumsden Associates, P.C. And on file in the Roanoke County Department of
Community Development.
The Developer does hereby covenant and warrant that it will be responsible for the proper
installation and construction of the said water and/of sewer systems including repair of surface
areas affected by settlement of utility trenches for a period of one (1) year after date of
acceptance by the Board and will preform any necessary repairs at its cost.
Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the
execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution
No
adopted by the Board of Supervisors of Roanoke County, Virginia,
on the day of , 20
2
Developer:
Address:
WITNESS THE FOLLOWING signatures and seals:
�� tP.AW) ro 4 P" "/, L.0 -
By:
As:
Title
State of:
County/City of:
Virginia :
Roanoke , to wit:
The foregoing instrument was acknowledged before me this:
day of �/P� 02" , 20 4O ,
By: ��GI� ��J� • Its �iR•'�IAC""�1r�-
Duly authorized officer (typed name) Title 1
on behalf of:
aP14,hAP4J , L -.c .
otary
My Commission expires:
lic
3
Approved as to form: Board of Supervisors of
Roanoke County, Virginia
By: (SEAL)
County Attorney Elmer C. Hodge
County Administrator
State of. Virginia
County/City of: Roanoke , to wit:
The foregoing instrument was acknowledged before me this:
, day of , 24 ,
by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke
County, Virginia.
Notary Public
My Commission expires:
El
Return To:
Roanoke County
Attorney's Office
THIS CHATTEL DEED, made this 7th day of December , 2000,
by and between Palm Land Co=aa ly,C_, a Virginia Corporation, hereinafter
referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the
"Board," party of the second part.
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties,
the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby
GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL
WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves,
fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and
any and all other equipment and appurtenances thereunto belonging, in and to the water and/or
sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement
areas that have been or may hereafter be installed by the Developer, along with the right to
perpetually use and occupy the easements in which the same may be located, all of which is more
particularly shown, described and designated as follows, to wit:
,. l
As shown on the plan entitled The Groves, �Sect ion 5
made by Lumsden Associates, P.C. And on file in the Roanoke County Department of
Community Development.
The Developer does hereby covenant and warrant that it will be responsible for the proper
installation and construction of the said water and/or sewer systems including repair of surface
areas affected by settlement of utility trenches for a period of one (1) year after date of
acceptance by the Board and will preform any necessary repairs at its cost.
Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby' oins in the
execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution
No. adopted by the Board of Supervisors of Roanoke County, Virginia, -
on the day of , 20
4
Developer:
Address:
As:
Title
State of: Virginia ,
County/City of: Roanoke , to wit:
The foregoing instrument was acknowledged before me this:
e , day of 'UA9 4 t52"" , 20 G v ,
By: jAzia'Pe . le • Its 't' Qa;Lr.)aUO�T
Duly authorized officer (typed name) Title
on behalf of.-
My
f:
My Commission expires:
3
J- A04
Approved as to form:
Board of Supervisors of
Roanoke County, Virginia
SEAL)
County Attorney
State of.
County/City of:
Elmer C. Hodge
County Administrator
Virginia
Roanoke o
The foregoing instrument was acknowledged before me this:
, day of , 20
by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke
County, Virginia.
Notary Public
My Commission expires:
0
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ROANOKE COUNTY THE GROVES, SECTION 6
UTILITY DEPARTMENT
WATER AND SANITARY SEWER
s- �
THIS EASEMENT AGREEMENT made and entered into this 31st day of
July 1998, by and between PALM LAND COMPANY L.C.
(hereinafter "Grantor") and BOARD OF SUPERVISORS OF ROANOKE COUNTY
VIRGINIA (hereinafter "Grantee").
W I T N E S S E T H
-That for and in consideration of the sum of One Dollar
($1.00) , cash in hand paid by the Grantee unto the Grantor, and
other good and valuable consideration, the receipt of all of which
is hereby acknowledged, the Grantors do hereby BARGAIN, SELL,
GRANT, and CONVEY, with General Warranty and Modern English
Covenants unto the Grantee, a "NEW 20' SANITARY SEWER EASEMENT,"
located across the remaining lands of Grantor (Tax Parcel 96.02-1-
46.4) a plat showing "New 20' Sanitary Sewer Easement being
dedicated to Roanoke County" as more particularly shown on attached
plat prepared by Lumsden Associates, P.C., dated June 24, 1998, for
the location, construction, reconstruction, enlargement,
inspection,. repair, and maintenance of a sewer line, this easement
being a perpetual easement through the lands of the Grantors
together with the right of ingress to and egress from the same, for
the location, construction, enlargement, inspection, repair and
maintenance of a sewer line or lines and for any additional line or
lines to be installed within this easement.
The County agrees, as evidenced by the acceptance of this
easement to repair or replace existing fences, walks, pavement, and
or other improvements such as trees and shrubbery only outside the
..,,permanent easement herein granted, upon the property which may be
damaged in construction of, or in -the course of ingress and egress
for subsequent inspection, repair and maintenance of the above said
easement.
Grantors agrees that the County will not be expected to
restore the property to the identical original condition, but
rather as near thereto as is practicable. Grantors further agree
to cooperate with the County in effectuating such restoration and
not to obstruct the.easement without the written permission of the
County.
To have and to hold unto the Grantee and its assigns forever.
Elmer C. Hodge, County Administrator of Roanoke County,
Virginia, hereby joins in the execution of this instrument to
signify acceptance by the Board of Supervisors of Roanoke County,
Virginia, of the easement conveyed herein pursuant to Ordinance
No. 102787-4 /Action No. 090898-10.h adopted by said Board of
Supervisors on the gth day of _September 1998.
WITNESS the following signatures and seals this Ig day of
Approved as to form:
1, JIM — / J AMA A I Ad
AILIJ / I
Vickie L. Hua
Assistant Co ty Attorney
0
0
BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA
By:
Elmer C. Hodge
County Administrator
0
STATE OF VIRGINIA )
)
OF )
The foregoing instrument was acknowledged before me on
by.�'T3
W,.� raet-� (title) of Palm Land Company, L. C. on behalf of
the corporation.
My commission expires fi:_Tb�g )-cod---
Notary Public
STATE OF VIRGINIA )
CUNT OF _ROA46K6 )
The foregoing instrument was acknowledged before me on
OGTDSF,R 28 199, by ELMe.R C. NGDGE
-AmiNtSTR.4TOR (title) of Board of Supervisors of Roanoke
County, on behalf of the corporation.
My commission expires SEPTEtfl;ag 30iq
G.
No ry Public
3
NEW 20' SAMTARr
SEWER EASEMENT
007MINE DATA
UNE DIRE077ON I D/STANCE
1-2 S 84:J4 W 56.71
2-3 S 55'46 49 W 216.84 .
J-4 S 181:1310 E f0412
t–_S _s -9� 4141 W 121.68
EX. 20' S.S.E. SECTION No. 6
P. B. _, PG. — �'�, " "
NEW 15 D.E. �— INE GRO l/ES
BY SEPARA 7F
\ INSTRUMENT
EX. STORM WA 7ER�
MANAGEMENT EASEMENT �✓
TAX 19802-1-46.4
PROPERTY OF
PALM LAND COUPANY, L C. I
D.B. 1484, PG. 909
REMAINING POY4776W OF
TRACT "A"
P.8. 17, PG..3
–"",+,x,44 (TOIALl O X22.,30'
PG --
LOT 6 I LOT 5 I
.30.18' BLOCK 2, SECT/ON No.
Z "THE GROVES"
-FL, PG. -q9_
rn �
`•'LOT 2
LOT 1
o,
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21.76'
NEW 2O' SANTARr
SEWER EASEMENT
"o -p
501 RI m
�- LEGEND -1
EX.
EX/S77NG
P.B.
PLAT BOOK
PG.
TAX ,x'96.02-1-46.3
PROPERTY OF
Rz4
\
O.E.
DRAINAGE EASEMENT
SSE.
SANITARY SEWER EASEMENT
20SANITARY
LOT 9
SEWER EASEMENT
W. AUS77N SPRUILL &
LOT 10
SUZANNE R. SPRUILL
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LOT 8
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EX. 20' S.S.E. SECTION No. 6
P. B. _, PG. — �'�, " "
NEW 15 D.E. �— INE GRO l/ES
BY SEPARA 7F
\ INSTRUMENT
EX. STORM WA 7ER�
MANAGEMENT EASEMENT �✓
TAX 19802-1-46.4
PROPERTY OF
PALM LAND COUPANY, L C. I
D.B. 1484, PG. 909
REMAINING POY4776W OF
TRACT "A"
P.8. 17, PG..3
–"",+,x,44 (TOIALl O X22.,30'
PG --
LOT 6 I LOT 5 I
.30.18' BLOCK 2, SECT/ON No.
Z "THE GROVES"
-FL, PG. -q9_
rn �
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LOT 1
o,
N 5855'05"
21.76'
NEW 2O' SANTARr
SEWER EASEMENT
"o -p
501 RI m
�- LEGEND -1
EX.
EX/S77NG
P.B.
PLAT BOOK
PG.
PAGE
Rz4
RIG YT --OF– WAY
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SSE.
SANITARY SEWER EASEMENT
20SANITARY
®NEW
SEWER EASEMENT
5
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MEETING DATE:
December 19, 2000
A-121900-5. g
ACTION #
ITEM NUMBER -
AGENDA ITEM: Appropriation of a $6,720 Grant from the Virginia
Department of Education
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: Virginia Department of Education has awarded $6,720 to
Roanoke County Schools to support our mentor teacher
program. (see attached)
SUMMARY OF INFORMATION: The 2000 Virginia General Assembly appropriated
funds to support mentor teacher programs. Funds
are allocated on a per teacher basis with a local
resource commitment of 50 percent.
FISCAL IMPACT: 50 percent local match of $3,360 to be funded within
the current operating budget.
priation of $6,720 to the school grant fund
utilized as stated.
Tom Hall, Assistant Superintendent
of Personnel
4C /440s"t
Elmer C. Hodge
County Administrator
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Joseph McNamara to approve Church _ x _
Denied ( ) Johnson _ x
Received ( ) McNamara_ x _
Referred ( ) Minnix _ x
To ( ) Nickens _ x _
cc: File
Tom Hall, Assistant Superintendent of Personnel
Danial Morris, Director, Finance
Diane D. Hyatt, Chief Financial Officer
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
TO:
FROM:
SUBJECT:
COMMONWEALTH ®f VIRGINIA
DEPARTMENT OF EDUCATION
P.O. BOX 2120
RICHMOND, VA. 23218-2120
November 2, 2000
Carol Whitaker
Mentor Teacher Program Participants
Thomas A. Elliott, Assistant Superintendent
Division of Teacher Education and Licensure
Distribution of 2000-01 Mentor Teacher Program Funds
Based on information contained in affidavits submitted by your school division, the
Division of Teacher Education and Licensure, Department of Education, has officially forwarded
a request for Mentor Teacher Program allocations in the amount of $ 6,720 for (Roanoke County
Schools) to the Department's finance office for electronic transfer for the 2000-01 year. Funds
will be transmitted electronically by November 16, 2000 and are retroactive to July 1, 2000.
Allocations for year two of the biennium will be similar in amount to those allotted to school
divisions in 2000-01 and will be issued subsequent to receipt of the Mentor Teacher Program
Summary Report, due on August 1, 2001. The format to be used in completing this report is
attached.
While the amount of funds available do not represent a large sum, I hope that the 2000-02
General Assembly allocation, in conjunction with your local 50% match, will enable you to
contribute significantly to the professional growth of the approximately 4,753 new teachers with
zero years of experience supported by these funds.
If you have questions regarding the General Assembly funding allocated for the Mentor
Teacher Program requirements, please contact either me or Dr. JOAmle Y. Carver, Education
Specialist, Special Education Human Resources Development, at (804) 225-2096, or mail to:
icarver@rnail vakl2ed.edu.
TAE:jyc
Attachment
JoAnne Y. Carver
Linda Weber
ACTION #A-1 21900-5.h
ITEM NUMBER, --;7—
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 19, 2000
SUBJECT: Transfer of Funds From Sewer Surplus to Sewer Repair and Replacement Fund
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
The Roanoke County Utility Department budget has funded the Sewer Repair & Replacement
fund at a level of $380,000 since the mid 1990's. These monies are used to finance designated
sewer repair and replacement projects, which have been identified as part of the Utility
Department's Capital Improvement Program (CIP). Continued funding of the program is critical
to achieving our departmental goal of achieving zero overflows and maintaining continuous
service to our customers.
SUMMARY OF INFORMATION:
When the 2000-2001 budget was prepared, the funding level for the Repair and Replacement
budget was reduced to $228,850 to maintain the existing sewer rates. Staff intended to fund the
remaining $151,150 of this Sewer Repair and Replacement fund from the sewer surplus fund.
However, the Repair and Replacement account was not modified in the final version of the
budget to restore the funding level to its historical level of $380,000.
FISCAL IMPACT:
Because of the revenue covenants related to the bonds that were sold for the expansion of the
Regional Sewage Treatment Facility, we will no longer be able to fund sewer repair and
replacement as part of our sewer operating budget without a sewer rate increase. However,
funds are available in the Sewer Surplus to fund the sewer repair and replacement for another
five years.
RECOMMENDATION:
Staff recommends that $151,150 be transferred from the sewer surplus fund to finance the SSER
Sewer Repair and Replacement program at the intended $380,000 level. This fund will allow the
Utility Department to complete CIP projects slated for this fiscal year.
SUBMITTED BY:
Q'8` GCrrr�.
Gary Rob rtson, P.E. Diane D. Hyatt, CP
Utility Director Chief Financial Officer
APPROVED:
6 �-" � /7
Elmer C. Hodge
County Administrator
-7. /
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Joseph McNamara to approve Church — x _
Denied () Johnson — x
Received () McNamara_ x
Referred O Minnix — x
To () Nickens — x _
Action
cc: File
Gary Robertson, Director, Utility
Diane D. Hyatt, Chief Financial Officer
Danial Morris, Director, Finance
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, DECEMBER 19, 2000
RESOLUTION 121900-6 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed 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 closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the Certification Resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
&4j
Brenda J. Holt n, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Closed Meeting File
ACTION NO. A-1 21 900-7
ITEM NO --Q- 1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
IN ROANOKE, VIRGINIA, ON TUESDAY,
MEETING DATE: December 19, 2000
AGENDA ITEM: Request approval for an appropriation of $500,000 Roanoke County's share
of construction costs for the 99.53 park project in East County known as
McDonald Farm.
COUNTY ADMINISTRATOR'S COMMENTS:
EXECUTIVE SUMMARY:
In 1996, Roanoke County entered into a joint development venture with the Town of Vinton to
construct a new business park on land owned by the Town on Hardy Road in East County. Vinton
had purchased the property in 1986 to prevent undesirable development and as a future investment
in the Town's economic development inventory. Listed below is a brief chronology of the project's
progress:
• Design Charrette held on October 15 - 17, 1996 at the Vinton Senior Center. The charrette
was an open house, community workshop with formal evening meetings to seek citizen's
input for the future use an development of McDonald Farm. Roanoke's Hill Studio and
Carlton Abbott and Partners of Williamsburg were the consultants for the charrette.
• Preliminary Concept Plan presented on November 12, 1996. Master Plan was completed in
early 1997 and the cost of consultation was $10,000 to the County.
• ZHA, Inc., a marketing consultant firm from Annapolis, Maryland, was hired to conduct a
marketing feasibility study on the mixed uses suggested in the Master Concept Plan. The
final report was submitted on October 28, 1998. This study was approved by the Board of
Supervisors in February of 1999. The cost of consultation was $34,000 split equally by the
County and Town.
• The Gain Sharing Agreement between Roanoke County and the Town of Vinton for sharing
of revenues from economic development projects became effective on July 1, 1999.
1
• Engineering Concept Plan was completed by Mattern & Craig in the summer of 1999 for
$27,600. The County and Town paid equal portions of the cost.
• The rezoning of the 99.53 acres to Planned Technology Development (PTD) was approved
by the Board of Supervisors on October 26, 1999, in conjunction with the development of
a set of covenants, conditions, and restrictions (CCRs).
• In October of 2000, the Vinton Town Council adopted a resolution authorizing the
appropriation of $450,000 to begin development of the property.
SUMMARY OF INFORMATION:
The final Engineering Concept Plan presented by Mattern & Craig projected that preliminary
construction costs for public infrastructure and an entrance roadway into the park. would be
$901,633.20. Public infrastructure is defined as 1,500 LF of entrance roadway and extension of the
water and sewer lines along the main access road. Target date for completion of the plans and
profiles is first quarter of 2001. These engineering documents will be used to bid Phase I of the
construction costs.
In early October, the Vinton Town Council adopted a resolution authorizing the appropriation of
$450,000 for construction costs associated with McDonald Farm.
Staff requests that the Board of Supervisors authorize an expenditure of $500,000 from the General
Fund Unappropriated Balance (as a result of the Year End Surplus). This payment would serve as
Roanoke County's half payment of the Phase I construction costs projected by Mattern & Craig.
FISCAL IMPACT:
Roanoke County has paid approximately $45,000 for the McDonald Farm project in the past four
years. The request for an appropriation of $500,000 from the General Fund Unappropriated Balance
(from the Year End Surplus) in order to participate in the gain sharing of future revenues from the
business park.
ALTERNATIVES:
1. Authorize the appropriation of $500,000 from the General Fund Unappropriated Balance
(from the Year End Surplus) to serve as the County's half share of the projected construction
costs for the Phase I development at McDonald Farm in East Roanoke County.
2. Decline to appropriate funds for the joint development venture, McDonald Farm.
STAFF RECOMMENDATION:
Staff recommends alternative No. 1 in order to continue the development for future economic
development inventory and purposes, direct the County Attorney to develop the appropriate contract
in accordance with the Gain Sharing Agreement, and appropriate $500,000 contingent upon the
completion of a contract approved by the Board of Supervisors.
Regpectfully submitted: Approved:
Melin�`a Co Elmer C. Hodge
Economic Development Specialist County Administrator
ACTION VOTE
No Yes
Approved (x) Motion by: Harry C. Nickens to approve Church _ x
Denied () appropriation Johnson — x
Received () McNamara_ x
Referred () Minnix _ x
To () Nickens _ x
cc: File
Melinda Cox, Economic Development Specialist
Arnold Covey, Director, Community Development
Paul M. Mahoney, County Attorney
Diane D. Hyatt, Chief Financial Officer
Danial Morris, Director, Finance
3
Abs
A-121900-8
ACTION NUMBER
ITEM NUMBER R—
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER
MEETING DATE: December 19, 2000
AGENDA ITEM: Approval of Projects for FY 2001-2002 VDOT Revenue Sharing
Program
COUNTY ADMINISTRATOR'S COMMENTS:
EXECUTIVE SUMMARY:
Staff is requesting the Board of Supervisors to approve the prioritized list of
projects for the FY 2001-2002 VDOT Revenue Sharing Program and authorize
the County Administrator to sign the letter of intent to participate in the Revenue
Sharing Program for Fiscal Year 2001-2002.
BACKGROUND:
The Virginia Department of Transportation (VDOT) annually provides localities
the opportunity to receive state matching funds for the construction,
maintenance, and improvement to primary and secondary roads in the state's
highway system. The Commonwealth of Virginia provides $15,000,000 for the
matching program and limits localities to $500,000 each. However, if more or
fewer than 20 counties participate, our share of money will be reduced/increased
proportionately.
SUMMARY OF INFORMATION:
The Revenue Sharing Program for FY 2001-2002 contains 61 projects totaling $1
million in construction improvements.
County and VDOT staff presented a proposed priority project list with maps and
justifications for inclusion in the Revenue Sharing Program for FY 2001-2002 at
the November 14, 2000 Board of Supervisors work session
Receiving no requests to modify or change the priority list, staff is requesting the
Board to approve the priority list for FY 2001-2002 Revenue Sharing Program.
ALTERNATIVES AND IMPACT:
1. Approve the project list and authorize the Chairman of the Board of Supervisors
or County Administrator to sign the letter of intent and defer appropriation of the
funds ($500,000) until July 1, 2001.
2. Decline to participate in the Revenue Sharing Program for Fiscal Year 2001-
2002.
STAFF RECOMMENDATION:
Staff recommends alternative 1.
SUBMITTED BY:
Arnold Covey, Director
Department of Community 4evelopment
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
APPROVED BY:
&�
Elmer C. Hodge
County Administrator
Motion by: Harry C. Nickens to approve
cc: File
Arnold Covey, Director, Community Development
2
VOTE
No Yes Abs
Church _ x
Johnson _ x
McNamara_ x
Minnix _ x _
Nickens _ x
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 19, 2000.
RESOLUTION 121900-9 APPROVAL AND ADOPTION OF THE
SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR
FISCAL YEAR 2001-2007 AND APPROVAL OF THE ALLOCATION OF
FUNDS FOR FISCAL YEARS 2001-2002.
WHEREAS, a public hearing was held on December 19, 2000 to receive
comments on the adoption of the Secondary Road System Six -Year Construction Plan
for Roanoke County for Fiscal Years 2001-2007; and the adoption of the funding for
Fiscal Years 2001-2002; and
WHEREAS, the Board of Supervisors does hereby approve the adoption of the
Secondary Road System Six-year Construction Plan for Roanoke County for Fiscal
Years 2001-2007 and allocations for Fiscal Years 2001-2002 as set out on the attached
Secondary System Construction program.
NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly
attested to be forthwith forwarded to the Virginia Department of Transportation Salem
Residency Office along with a duly attested copy of the proposed Secondary Road
System Six year Construction Plan for Roanoke County for Fiscal Years 2001-2007 by
the Clerk to the Board.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
& 4 !A �� )J& �
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Virginia Department of Transportation
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 19, 2000
ORDINANCE 121900-10 AMENDING AND RE-ENACTING THE
ROANOKE COUNTY COMMUNITY PLAN BY THE ADDITION OF
DESIGN GUIDELINES FOR THE CLEARBROOK VILLAGE
COMMERCIAL OVERLAY DISTRICT
WHEREAS, the Roanoke County Community plan was adopted in 1998 as a guide for
future patterns of development in Roanoke County; and,
WHEREAS, the Roanoke County Community Plan contains growth objectives and
policies for the twelve community planning areas within the county including the
Clearbrook community; and,
WHEREAS, Roanoke County has worked with the citizens of the Clearbrook community
to clarify and refine the growth policies and objectives for their community for the
purpose of guiding the location and character of future growth; and,
WHEREAS, the citizens of Clearbrook, working in conjunction with Roanoke County did
develop a set of design guidelines for the Clearbrook area; and
WHEREAS, the intent of these guidelines, known as the Design Guidelines for the
Clearbrook Village Commercial Overlay District is to establish recommended policies
and standards for the character of future development within the Clearbrook area; and,
WHEREAS, Clearbrook community meetings were held in July and November of 2000
to solicit community input on the guidelines; and,
WHEREAS, the Roanoke County Planning Commission did hold a public hearing on
December 5th, 2000 to receive community input on the guidelines, and did thereafter
recommend to the Board of Supervisors that the guidelines be adopted as an
amendment to the 1998 Roanoke County Community Plan; and,
WHEREAS, legal notice and advertisement has been provided as required by law, and
that the first reading of this ordinance was held on November 14, 2000, and second
reading and public hearing was held on December 19, 2000.
BE IT ORDAINED, by the Board of Supervisors of Roanoke County Virginia, that,
1. The 1998 Community Plan of Roanoke County, Virginia be, and hereby is,
amended by the addition of the Design Guidelines for the Clearbrook Village
Commercial Overlay District, dated December 5, 2000, and is reenacted with said
guidelines.
2. That this ordinance shall become effective on January 1, 2001.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
Brenda J. Hoffon, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
Janet Scheid, Senior Planner
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY DECEMBER 19, 2000
ORDINANCE 121900-11 AMENDING AND RE-ENACTING THE
ZONING ORDINANCE FOR ROANOKE COUNTY BY THE ADDITION
OF THE CLEARBROOK VILLAGE OVERLAY DISTRICT
WHEREAS, the Roanoke County Zoning Ordinance was adopted in 1992; and,
WHEREAS, good zoning practice requires that zoning ordinances be periodically
evaluated and amended to ensure consistency with community values and updated
community plan policies; and,
WHEREAS, Roanoke County has worked with the citizens of the Clearbrook community
to clarify and refine 1998 Roanoke County Community Plan growth policies and
objectives for their community, and to develop zoning standards designed to implement
these growth objectives and policies; and,
WHEREAS, the Roanoke County Board of Supervisors did adopt, on December 19,
2000 amendments to the Roanoke County Community Plan that reflect these updated
growth policies and objectives; and,
WHEREAS, Clearbrook community meetings were held in July and November of 2000
to solicit community input on proposed zoning standards for the Clearbrook area; and,
WHEREAS, the Roanoke County Planning Commission did hold a public hearing on
December 5th, 2000 to receive community input on the proposed zoning standards, and
did thereafter recommend to the Board of Supervisors that the proposed zoning
ordinance changes be adopted; and,
WHEREAS, legal notice and advertisement has been provided as required by law, and
that the first reading of this ordinance was held on November 14, 2000, and second
reading and public hearing was held on December 19, 2000.
NOW, BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia
that the zoning ordinance for Roanoke County Virginia be amended and reenacted as
follows:
A.
1. Amend Sec 30-6 by the addition of the following:
SEC. 30-6 ESTABLISHMENT OF DISTRICTS
1
Commercial Districts
CVOD Clearbrook Village Overlay District
2. Amend Sec 30-58 by the addition of the following:
SEC. 30-58 CVOD Clearbrook Village Overlay District
Sec. 30-58-1 Purpose
The purpose of the Clearbrook Village Overlay District is to promote future
development that is consistent with the current character of Clearbrook, and with the
Community Plan future land use map and policies for this area. Future development in
this district should respect the character and historical context of the Blue Ridge
Parkway, Clearbrook School, and other social and cultural resources in Clearbrook
area.
The Clearbrook area has adequate public facilities, good road access, suitable
topography, and land available for development or redevelopment. Recognizing these
factors, the plan, and this district promote the creation of the Village of Clearbrook.
Commercial development consistent with these district standards and the Community
Plan Design Guidelines for the Clearbrook Village Commercial Overlay District is
encouraged, but strip commercial patterns of development are discouraged. Thus, the
district allows a wide variety of commercial uses, but provides a high degree of
emphasis on landscaping, building design, site design, and lighting and signage control.
Sec. 30-58-2 Creation of Overlay
(A) The Clearbrook Village Overlay District is created as an amendment to the
official zoning map of Roanoke County. All regulations and standards
contained herein shall apply to all parcels and land within the designated
overlay district.
(B) The boundaries of the overlay district as shown on the official zoning map
may only be amended by action of the Roanoke County Board of
Supervisors pursuant to Section 30-14 of this ordinance.
Sec. 30-58-3 Applicability and Administration
(A) The Zoning Administrator shall have the responsibility for determining compliance
with these standards. In making any such determination, the Zoning
Administrator shall consider the purposes of the Clearbrook Village Overlay
District, and shall consider the extent to which the requested use or development
2
substantially complies with the Design Guidelines for the Clearbrook Village
Commercial Overlay District adopted as part of the Roanoke County Community
Plan. If in the opinion of the Zoning Administrator, the use or development does
not substantially comply with these design guidelines, the requested use or
development shall, by decision of the Zoning Administrator, be considered a
special use and shall require a special use permit pursuant to Section 30-19 of
this ordinance.
Sec. 30-58-4 Permitted Uses and Use Restrictions
The uses permitted in the Clearbrook Village Overlay District shall be governed by the
underlying zoning district in which the property is located as shown on the official zoning
maps, except as otherwise modified below:
(A) The following uses shall be prohibited within the Clearbrook Village
Overlay District:
1. Civic Uses
Park and Ride Facility
Public Assembly
2. Commercial Uses
Automobile Rental/Leasing
Automobile Dealership, Used
Automobile Repair Services, Major
Boarding Houses
Commercial Outdoor Entertainment
Commercial Outdoor Sports and Recreation
Kennel, Commercial
Mini -warehouse
Pawn Shop
Recreational Vehicle Sales and Service
3. Industrial Uses
Recycling Centers and Stations
4. Miscellaneous Uses
Parking Facility
Broadcasting Towers
(B) Unless prohibited in 30-58-4(A) a Special Use Permit shall be required for all
3
uses listed as a special use in the underlying zoning district. In addition, the
following uses shall require a Special Use Permit within the Clearbrook Village
Overlay District. An asterisk (*) indicates additional, modified, or more stringent
standards are listed in Article IV, Use and Design Standards, for those specific
uses.
1. Residential Uses
Multi -Family Dwelling*
Two -Family Dwelling*,
2. Commercial Uses
Agricultural Services*
Automobile Repair Services Minor*
Commercial Indoor Sports and Recreation
Communication Services
Construction Sales and Services*
Gasoline Station
Garden Center*
Retail Sales*
Veterinary Hospital/Clinic
Sec. 30-58-5 Site Development Regulations
The site development regulations required in the Clearbrook Village Overlay District
shall be governed by the underlying zoning district in which the property is located as
shown on the official zoning maps, except as otherwise modified below:
(A) Maximum height of structures
1. Height limitations:
a. Principal structures: 35 feet
b. Accessory structures: actual height of principal structure.
(B) Maximum coverage
1. Building coverage: 50 percent of the total lot area.
2. Lot coverage: 70 percent of the total lot area.
4
Sec. 30-58-6 Special Regulations in the Clearbrook Village Overlay District
The following special regulations shall apply within the Clearbrook Village
Overlay District
(A) Landscaping Required landscaping within the Clearbrook Village Overlay
District shall comply with the standards contained in Section 30-92-4.1 of
this ordinance.
(B) Signage Signage within the Clearbrook Village Overlay District shall
comply with C-1 Sign District regulations, except as modified by Section
30-93-14 (F) of this ordinance.
(C) Lighting Lighting within the Clearbrook Village Overlay District shall
comply with the provisions of Section 30-94 of this ordinance.
(D) Utilities All new utility lines and services within the Clearbrook Village
Overlay District shall be located underground.
(E) Residential Use Types Residential Use Types within the Clearbrook
Village Overlay District upon the date of the adoption of this ordinance
shall not be deemed to be nonconformities, and may be reconstructed,
altered and/or enlarged consistent with the requirements contained in
Section 30-58-5 of this ordinance. In addition, single family detached
dwellings may be developed in the district on lots of record in existence on
the effective date of this ordinance. Any dwelling constructed shall not be
deemed to be a non -conformity. No new subdivisions for residential
purposes shall be allowed within the Clearbrook Village Overlay District,
except that Family Exemption subdivisions shall be permitted pursuant to
Section 30-100-11 of this ordinance.
(F) Parking All off-street parking, stacking and loading areas within the
Clearbrook Village Overlay District shall comply with the provisions of 30-
91 of this ordinance, including construction standard provisions found in
Section 30-91-6(A)1
3. Amend Sec 30-85 by the addition of the following:
Section 30-85-24.5 Retail Sales
(A) In the Clearbrook Village Overlay District:
5
I . A special use permit shall be required for any retail use or development
that exceeds fifty -thousand (50,000) square feet of gross floor area. When multiple
buildings are proposed as part of a planned or phased development, square footage
calculations shall be based upon the total size of all buildings planned or proposed.
4. Amend Sec 30-91-6 by the addition of the following:
Section 30-91-6 (A) 1
1. Within the Clearbrook Village Overlay District, any parking areas or parking
spaces provided in excess of the requirements of this ordinance, shall be
constructed with a porous pavement material approved by the administrator.
Gravel shall not be accepted as an approved porous material.
5. Amend Sec 30-92-4 by the addition of the following:
Section 30-92-4.1 Landscaping Provisions in the Clearbrook Village Overlay
District
(A) Applicability
1. The following landscaping provisions shall apply to all property
within the Clearbrook Village Overlay District
2. These standards shall be deemed to supplement, and be in
addition to, standards found in Section 30-92 of this ordinance.
(B) General Standards/Specifications
1. All landscape plans required for uses within the Clearbrook Village
Overlay District shall be prepared by a registered landscape architect, or
certified nurseryman.
2. All landscaping shall be alive and in good condition at the time of
planting. All landscaping shall be maintained, and replaced, as necessary
to insure continued compliance with these provisions.
3. Where specified, all deciduous trees shall have a minimum caliper
of 2.5 inches at the time of planting. Evergreen trees shall have a
minimum height of 8 feet at time of planting
4. Where specified, all shrubs shall have a minimum height of 24
inches at time of planting.
0
5. Native species shall be use for a minimum of 50% of required
plantings. A listing of acceptable native species is available in the
Department of Community Development
(C) Site Landscaping
1. Landscaped areas shall be provided for the side and rear walls of
all buildings. The width of these landscaped areas shall be sufficient to
accommodate the required plantings. The following plantings shall be
required:
a. For buildings walls in excess of 15 feet in height, one tree
shall be planted for every 20 lineal feet of building wall
b. For building walls 15 feet or less in height, one tree shall be
planted for every 30 lineal feet of building wall.
Flexibility in the location of landscaped areas and the placement of
the required trees shall be allowed for the purpose of implementing
professionally designed landscape plans and for loading, service, or other
similar areas.
2. Landscaping shall be provided along the main entrance fagade of
all buildings, providing a vegetative area between the building and parking
areas. The size of the required front landscaped area shall not be less
than 20 percent of the square footage of the front facade of the building.
The landscaped area shall be professionally designed and planted with a
mixture of trees, shrubs and groundcovers.
Undeveloped areas between a building and a public or private right-
of-way shall be landscaped with berms, trees, shrubs and groundcover.
Landscaping plans for these areas shall incorporate a minimum of one
large tree, three small trees and seven shrubs for every 30 feet of lot
frontage.
3. All above ground stormwater management areas and facilities shall
be landscaped with plant materials that are adaptable to being temporarily
inundated with water. The facility shall be landscaped in order to create a
75% screening of the facility. A minimum of one-third of all provided
plantings shall be evergreen.
4. Landscaping shall be provided around the base of any freestanding
sign proposed. The size of the landscaped area shall not be less than one
and one-half (1.5) times the square footage of the sign.
7
(D) Landscaping of Parking Areas
1. Where a new, expanded, or reconfigured parking area is proposed
adjacent to a public or private street right-of-way, a planting strip shall be
established between the parking area and the adjacent right-of-way. The
planting strip shall have a minimum width of fifteen (15) feet. An earthen
berm, with an average height of 2 feet shall be constructed within the
planting strip. Within this strip, one large tree, (small if overhead utility
lines are present) and nineteen shrubs shall be planted for every 30 feet of
frontage. In addition, small trees or groundcovers shall be interspersed
within the planting area. One-third of all plantings shall be evergreen
materials.
No uses shall be permitted within the planting strip except
underground utility crossings, pedestrian/bike trails, stormwater
management facilities which are an integral part of a landscaping plan,
and signs as allowed in the district.
2. All parking areas shall incorporate raised interior landscaped areas
for the purpose of visually enhancing parking areas. These areas shall be
evenly distributed within the parking area and shall be provided in
accordance with the following standards:
a. One continuous landscaped median, with a minimum width
of 10 feet, shall be installed between every four or less rows of parking, or,
b. One landscaped peninsula or island with a minimum width of
10 feet shall be located between every 10 to 15 parking spaces.
One large tree shall be planted for every 30 feet of continuous
median, and shall be planted within every landscaped peninsula or island
provided. However, at a minimum, one large tree shall be planted within
the parking area for each 10 parking spaces provided. In addition, all
parking lot landscaped areas shall include deciduous or evergreen shrubs.
6. Amend Sec 30-93 by the addition of the following:
Section 30-93-14 (F) Signage Provisions within the Clearbrook Village
Overlay District
F) Clearbrook Village Overlay District. Signage within the Clearbrook Village
Overlay district should be planned, designed and installed to complement a
buildings architectural style. All signage within the Clearbrook Village Overlay
district shall comply with C-1 Office District regulations with the following
exceptions:
1. Lots within the Clearbrook Village Overlay District shall be allowed a
maximum signage allocation not to exceed one (1) square foot of sign area per
one (1) lineal foot of lot frontage.
2. Signage placed on a building wall shall occupy less than 5% of the facade
area of that wall
3. All freestanding signs shall be of a monument design and shall meet the
following criteria:
a. Monument signs, including their structure, shall not exceed seven
(7) feet in height, or ten (10) feet in width.
b. Signs shall be channel lit, ground lit, or top lit with a shielded light
source so as to not cast light onto the path of traffic or on any adjacent road or property.
4. No establishment shall be allowed more than three (3) signs)
5. A maximum of two directional signs shall be allowed per lot, and no
directional sign shall exceed two square feet in size.
6. The following signs shall be prohibited in the Clearbrook Village Overlay
District:
a. Off -Premises Signs
b. Temporary Signs
C. Portable Signs
d. Roof Signs
7. Amend Sec 30-94 by the addition of the following:
Section 30-94 Exterior Lighting
L�
(A) 2. Within the Clearbrook Village Overlay District, no freestanding light
pole, including fixture, shall be more than 18 feet above grade. All exterior
lights, including security lighting, within the district shall be down -lit or
shielded so as not to direct glare onto adjoining streets or residential
properties. The intensity at adjoining streets or residential properties shall
not exceed 0.5 foot candles.
1. That this ordinance shall become effective on January 1, 2001.
1�9
On motion of Supervisor Minnix to adopt the ordinance with correction from 0.2 to
0.5 in Section 30-94, and carried by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
Brenda J. Ho on, CMC
Deputy Clerk to the Board of Supervisors
10
cc: File
Terrance L. Harrington, County Planner
Circuit Court
Roy B. Willett, Judge
Clifford R. Weckstein, Judge
Diane McQ. Strickland, Judge
Richard C. Pattisall, Judge
Robert P. Doherty, Jr., Judge
Jonathan M. Apgar, Judge
Steven A. McGraw, Clerk
Juvenile Domestic Relations District Court
Joseph M. Clarke, II, Judge
Philip Trompeter, Judge
John B. Ferguson, Judge
Joseph P. Bounds, Judge
Ruth P. Bates, Clerk
Intake Counsellor
General District Court
George W. Harris, Judge
William Broadhurst, Judge
Vincent Lilley, Judge
Julian H. Raney, Judge
Jacqueline F. Ward Talevi, Judge
Theresa A. Childress, Clerk
Skip Burkart, Commonwealth Attorney
Paul M. Mahoney, County Attorney
Magistrates Sherri Krantz/Betty Perry
Main Library
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
Gerald S. Holt, Sheriff
John M. Chambliss, Jr., Assistant County Administrator
Dan O'Donnell, Assistant County Administrator
Diane D. Hyatt, Chief Financial Officer
Kathie Scearce, Director, Community Relations
Danial Morris, Director, Finance
0. Arnold Covey, Director, Community Development
Gary Robertson, Director, Utility
Michael Lazzuri, Court Services
Elaine Carver, Director, Information Technology
Anne Marie Green, Director, General Services
Thomas S. Haislip, Director, Parks, Recreation & Tourism
Gardner Smith, Director, Procurement
William E. Driver Director, Real Estate Valuation
Alfred C. Anderson, Treasurer
R. Wayne Compton, Commissioner of Revenue
11
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY DECEMBER 19, 2000
ORDINANCE 121900-12 AMENDING AND RE-ENACTING THE
OFFICIAL ZONING MAP OF ROANOKE COUNTY BY THE
REZONING OF SIXTY-FOUR PARCELS IN THE CLEARBROOK
PORTION OF ROANOKE COUNTY FROM AV AGRICULTURAL
VILLAGE AND AR AGRICULTURAL RESIDENTIAL TO C-2
COMMERCIAL AND THEREAFTER AMENDING THE OFFICIAL
ZONING MAP OF ROANOKE COUNTY BY THE ADDITION AND
APPLICATION OF THE CLEARBROOK VILLAGE OVERLAY
DISTRICT TO SIXTY-SIX PARCELS OF LAND IN THE CLEARBROOK
SECTION OF ROANOKE COUNTY.
WHEREAS, the Roanoke County Zoning Ordinance was adopted in 1992; and,
WHEREAS, good zoning practice requires that zoning ordinances and official zoning
maps be periodically evaluated and amended to ensure consistency with community
values and community plan policies; and,
WHEREAS, Roanoke County has worked with the citizens of the Clearbrook community
to develop zoning standards designed to implement these community plan growth
objectives and policies; and,
WHEREAS, Clearbrook community meetings were held in July and November of 2000
to solicit community input on proposed zoning standards for the Clearbrook area; and,
WHEREAS, the Roanoke County Planning Commission did hold a public hearing on
December 5th, 2000 to receive community input on the proposed zoning text and map
changes and did thereafter recommend to the Board of Supervisors that the proposed
zoning text and map changes be adopted; and,
WHEREAS, legal notice and advertisement has been provided as required by law, and
that the first reading of this ordinance was held on November 14, 2000, and second
reading and public hearing was held on December 19, 2000.
NOW, BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia
that the official zoning map for Roanoke County Virginia be amended and reenacted as
follows:
1. That the following fifty-nine (59) Roanoke County tax parcels are hereby
rezoned from their current designation of AV Agricultural Village to C-2 Commercial:
1
088.03-03-03.00-0000,
088.03-02-05.00-0000,
088.03-03-04.00-0000,
098.02-02-12.00-0000,
098.02-02-09.01-0000,
098.02-02-04.00-0000,
098.02-02-01.01-0000,
098.01-01-75.01-0000,
098.01-01-01.00-0000,
088.03-02-01.00-0000,
088.03-01-06.00-0000,
088.03-01-02.00-0000,
088.03-01-01.00-0000,
098.02-03-13.00-0000,
098.02-03-10.00-0000,
098.02-03-07.00-0000,
098.02-03-04.00-0000,
098.02-03-01.01-0000,
098.01-01-77.00-0000,
088.03-02-02.00-0000,
088.03-03-02.00-0000,
088.03-02-04.00-000A,
088.03-02-04.00-0000,
098.02-02-11.00-0000,
098.02-02-08.00-0000,
098.02-02-03.00-0000,
098.02-02-01.00-0000,
098.01-01-75.00-0000,
088.04-01-39.00-0000,
088.03-01-35.00-0000,
088.03-01-04.01-0000,
088.03-01-01.02-0000,
098.02-03-15.00-0000,
098.02-03-12.00-0000,
098.02-03-09.00-0000,
098.02-03-06.00-0000,
098.02-03-03.00-0000,
098.02-03-01.00-0000,
088.03-01-29.01-0000,
088.03-01-29.00-0000.
088.03-03-01.00-0000,
088.03-03-05.00-0000,
088.03-02-03.00-0000,
098.02-02-10.00-0000,
098.02-02-06.00-0000,
098.02-02-02.00-0000,
098.01-01-76.00-0000,
098.01-01-74.00-0000,
088.04-01-38.00-0000,
088.03-01-09.00-0000,
088.03-01-03.00-0000,
088.03-01-01.01-0000,
098.02-03-14.00-0000,
098.02-03-11.00-0000,
098.02-03-08.00-0000,
098.02-03-05.00-0000,
098.02-03-02.00-0000,
098.02-02-13.00-0000,
088.03-03-06.00-0000,
2. That the following five (5) Roanoke County Tax Parcels are hereby rezoned from
their current designation of AR Agricultural Residential to C-2 Commercial:
088.04-01-41.00-0000, 088.04-01-40.00-0000, 088.04-01-39.01-0000,
088.04-01-36.00-0000, 098.02-02-16.00-0000 (PORTION).
3. That the zoning designation of the following sixty-six (66) parcels is hereby
amended on the official zoning map of Roanoke County by the addition and application
of the Clearbrook Village Overlay District:
088.03-03-03.00-0000,
088.03-02-05.00-0000,
088.03-03-04.00-0000,
098.02-02-12.00-0000,
098.02-02-09.01-0000,
098.02-02-06.00-0000,
098.02-02-02.00-0000,
098.01-01-76.00-0000,
098.01-01-74.00-0000,
088.04-01-40.00-0000,
088.04-01-38.00-0000,
088.03-01-35.00-0000,
088.03-03-02.00-0000,
088.03-02-04.00-000A,
088.03-02-04.00-0000,
098.02-02-11.00-0000,
098.02-02-09.00-0000,
098.02-02-04.00-0000,
098.02-02-01.01-0000,
098.01-01-75.01-0000,
098.01-01-01.00-0000,
088.04-01-39.01-0000,
088.04-01-36.00-0000,
088.03-01-09.00-0000,
f�i
088.03-03-01.00-0000,
088.03-03-05.00-0000,
088.03-02-03.00-0000,
098.02-02-10.00-0000,
098.02-02-08.00-0000,
098.02-02-03.00-0000,
098.02-02-01.00-0000,
098.01-01-75.00-0000,
088.04-01-41.00-0000,
088.04-01-39.00-0000,
088.03-02-01.00-0000,
088.03-01-06.00-0000,
088.03-01-04.01-0000,
088.03-01-01.02-0000,
098.02-03-15.00-0000,
098.02-03-12.00-0000,
098.02-03-09.00-0000,
098.02-03-06.00-0000,
098.02-03-03.00-0000,
098.02-03-01.00-0000,
088.03-01-33.00-0000,
088.03-02-02.00-0000,
(PORTION)
088.03-01-03.00-0000,
088.03-01-01.01-0000,
098.02-03-14.00-0000,
098.02-03-11.00-0000,
098.02-03-08.00-0000,
098.02-03-05.00-0000,
098.02-03-02.00-0000,
098.02-02-13.00-0000,
088.03-01-29.01-0000,
088.03-01-29.00-0000,
088.03-01-02.00-0000,
088.03-01-01.00-0000,
098.02-03-13.00-0000,
098.02-03-10.00-0000,
098.02-03-07.00-0000,
098.02-03-04.00-0000,
098.02-03-01.01-0000,
098.01-01-77.00-0000,
088.03-03-06.00-0000,
098.02-02-16.00-0000
4. That this ordinance shall become effective on January 1, 2001.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
&"j4) Q �J"4�
Brenda J. Hol on, CMC
Deputy Clerk to the Board of Supervisors
K,
cc: File
Terrance L. Harrington, County Planner
Circuit Court
Roy B. Willett, Judge
Clifford R. Weckstein, Judge
Diane McQ. Strickland, Judge
Richard C. Pattisall, Judge
Robert P. Doherty, Jr., Judge
Jonathan M. Apgar, Judge
Steven A. McGraw, Clerk
Juvenile Domestic Relations District Court
Joseph M. Clarke, II, Judge
Philip Trompeter, Judge
John B. Ferguson, Judge
Joseph P. Bounds, Judge
Ruth P. Bates, Clerk
Intake Counsellor
General District Court
George W. Harris, Judge
William Broadhurst, Judge
Vincent Lilley, Judge
Julian H. Raney, Judge
Jacqueline F. Ward Talevi, Judge
Theresa A. Childress, Clerk
Skip Burkart, Commonwealth Attorney
Paul M. Mahoney, County Attorney
Magistrates Sherri Krantz/Betty Perry
Main Library
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
Gerald S. Holt, Sheriff
John M. Chambliss, Jr., Assistant County Administrator
Dan O'Donnell, Assistant County Administrator
Diane D. Hyatt, Chief Financial Officer
Kathie Scearce, Director, Community Relations
Danial Morris, Director, Finance
O. Arnold Covey, Director, Community Development
Gary Robertson, Director, Utility
Michael Lazzuri, Court Services
Elaine Carver, Director, Information Technology
Anne Marie Green, Director, General Services
Thomas S. Haislip, Director, Parks, Recreation & Tourism
Gardner Smith, Director, Procurement
William E. Driver Director, Real Estate Valuation
Alfred C. Anderson, Treasurer
R. Wayne Compton, Commissioner of Revenue
0
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 19, 2000
ORDINANCE 121900-13 AUTHORIZING THE CREATION OF A LOCAL
PUBLIC WORKS IMPROVEMENT PROJECT, STABLE ROAD WATER
AND SEWER DISTRICT, APPROPRIATING FUNDS FOR THE
CONSTRUCTION OF WATER AND SEWER FACILITIES THEREIN,
IMPOSING AND ALLOCATING CERTAIN FEES OR ASSESSMENTS
WITH RESPECT TO THE DEVELOPMENT OF PROPERTY LOCATED
THEREIN
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, Sections 15.2-2243, 15.2-2400 and 15.2-2404, et seq. authorize the
County to create and establish a general water and sewer improvement program for a
designated area of the County having related and common sewer and water conditions,
to install certain public works improvements, and to impose fees, charges and assessments
for said improvements; and
WHEREAS, the extension of the public water and sewer systems and the creation
of a special utility service district will alleviate public health and safety problems and
promote economic development; and
WHEREAS, the Board hereby establishes the "Stable Road Water and Sewer
District"; and
WHEREAS, the first reading of this Ordinance was held on November 14, 2000, and
the second reading and public hearing was held December 19, 2000; and
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1
1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes
and approves a local public works improvement project, namely, public sewer and water
extensions for the Stable Road community. That pursuant to the authority of Section 15.2-
2243, the Board establishes a general water and sewer improvement program for the
Stable Road community. The total construction cost of this public sewer project is
estimated to be $418,766, to be assessed against the properties within the project service
district as shown on the attached Exhibit A. That there is hereby appropriated for this
project the sum of $418,766 from the General Fund Unappropriated Balance.
2. That the "Stable Road Water and Sewer District" is shown and designated
on the attached plat entitled "Clearbrook Area Water and Sewer Service Districts" prepared
by the Roanoke County Utility Department, dated November 2000 (Exhibit B). The Utility
Department shall construct in and adjacent to the Project Service District sewer and water
lines and appurtenant facilities as shown in the map of this area, and shall acquire
easements for these lines and facilities.
3. That the owner, subdivider or developer of property located within the Project
Service District shall, before or at the time of issuance of a building permit for the
construction of any building or structure to be located on his or her property which is to be
the subject of development or subdivision, pay or provide for the payment of a share of the
cost of construction of the sewer and water facilities, as shown in Exhibit A. This is in
addition to the connection fees and off-site facility fees that are imposed by the County.
4. In any case where a payment by the owner, subdivider or developer is
required prior to construction of the sewer and water facilities, the amount paid by the
owner, subdivider or developer shall be held in an interest bearing account for the benefit
2
of the owner, subdivider or developer until expended, or, in lieu of such payment, the Board
of Supervisors may provide for the posting of a personal, corporate or property bond, cash
escrow, letter of credit or other method of performance guarantee satisfactory to it
conditioned on payment at commencement of such construction.
5. Any owner, subdivider or developer of property located within the project
service district who pays a share of the costs of construction of the sewer and water
facilities after completion of construction by the Utility Department shall pay such share of
the cost of construction of said facilities together with interest on the unpaid balance of
such share from the date of completion of such construction until paid, which interest shall
be computed at the rate of 6 percent per annum.
6. That the payment by owner, subdivider or developer of property in the Project
Service District shall be returned to the General Fund until such time as the advance has
been repaid.
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 be effective from and after the date of its adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
3
Brenda J. Ho ton, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Gary Robertson, Director, Utility
Arnold Covey, Director, Community Development
Diane D. Hyatt, Chief Financial Officer
Danial Morris, Director, Finance
.19
r- KUI'1 . MUHIVUKC ,_.UUIY C T U I 1 L 1 1 f LCr' I r' H^ IVU. - ve C. i i�19b�Uj U
CLEARBROOK AREA - WATER SYSTEM IMPROVEMENTS �
STABLE ROAD WATER LINE EXTENSION
CONNECTION FEE FOR MINIMUM FRONTAGE 87,700
Minimum Frontage Length = 150
Cost per Foo: for Frontage Greater Then Minimum = $42.00
PROPER TIES BY WA1To IMPROVEMEN1§
Construction
Tax Parcel Pdocartu Owner E®e
88.03-01-09 EVANGEL FOURSQUARE CHURCH TRUSTEES $39,620
88.03-01-29 JACKSON ASSOCIATES LIMITED $28,322
88.03-01.29,1 ALMERINDO & JOANIN MAZZAFtELLA $7,700
88.03-0133 DIRK LINTON BEASLEY $33,088-
88,03-01-35 ALVIN L. MILLER 119.460
$128,170
CONSTRUCTION ESTIMA41g
G4lantI
Wall Cgs
Total Cess
8 -inch Water Line
1,935
$32
$61,920
Fire Hydrants
5
$2,000
$10,000
Road Crossings
2
$20,000
$40,000
Service Connections
9
$500
$4,600
Contingency
$11,750
ESTIMATED CONSTRUCTION COST =
$128,170
Exhibit A
I-KUf'i : KUHNUKr I:UUN I Y U I 1 L 1 f Y UCH i F HX NU. : Dec. 11 2000 09: 42AM P3
CLEAREIROOK AREA - SEWER SYSTEM IMPROVEMENTS
STABLE ROAD SEWER LINE EXTENSION
CONNECTION FEE FOR MINIMUM FRONTAGE = $11,800
Minimum Frontage Length - 150 Feet
Cost per Foot for Frontage Greater Than Minimum = $60,00
j+ROPER T/ S SERVED SYS EWER fMPR'0ZE_MENTS
guantity
Unit Cost
Total Cost
8 -Inch Sewer Line
2,800
Construction
P.S. & F.M.
Total
Tarr Parcel
PropeKU Owne
fee
Surcha ge
Pee
88,03.01-01
DR. JOAN M. DESK
$11,800
$700
$12,50a
88.03-01-01.1
VINE & BRANCH, INC
$35,200
$2,002
$37,202
88.03-01-06
MOD-U-KRAF HOMES, INC.
$29,800
$1,651
$31,451-
88 -03 -CI -09
EVANGEL FOURSQUARE CHURCH TRUSTEES
$57,400
$12,957
$70,357
88.03-01-29
JACKSON ASSOCIATES LIMITED
$41,260
$2,583
$43,843
68.03.01-29.1
ALMERINDO & JOANN MAZZARELLA
$11,800
$903
$12,703
88.03-01-33
DIRK LINTON BEASLEY
$11,800
$7001
$53,240
88,03.01-35
ALVIN L. MILLER
$128,600,
$700
L29,300
$266,300
$24,296
$290,596
CONSTRUCTION ESTIMATE
ESTIMATED CONSTRUCTION COST = $290,596
Exhibit A
guantity
Unit Cost
Total Cost
8 -Inch Sewer Line
2,800
$45
$126,000
Manholes
13
$2,500
532,500
Road Crossings
4
$25,000
$100,000
Service Connections
11
$500
$5,600
Contingency
526,596
ESTIMATED CONSTRUCTION COST = $290,596
Exhibit A
Exhibit B
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 19, 2000
ORDINANCE 121900-14 GRANTING A SPECIAL USE PERMIT TO FIRST
TEAM AUTO MALL FOR MAJOR AUTOMOBILE REPAIR TO BE
LOCATED AT THE NORTHEASTERN CORNER OF PETERS CREEK
ROAD AND BARRENS ROAD (TAX MAP NO. 27.13-4-2), HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, First Team Auto Mall has filed a petition for a special use permit for
major automobile repair to be located at the northeastern corner of Peters Creek Road and
Barrens Road (Tax Map No. 27.13-4-2) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
December 5, 2000; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on November 14, 2000; the second reading and public hearing on
this matter was held on December 19, 2000.
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 First Team
Auto Mall for major automobile repair to be located at the northeastern corner of Peters
Creek Road and Barrens Road (Tax Map No. 27.13-4-2) in the Hollins Magisterial District
is substantially in accord with the adopted 2000 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) Along the entire property line (between the proposed facility and the
property line adjacent to the Christian and Missionary Alliance Church) the
existing vegetation shall remain intact 100 feet inward from that property line.
If any ve-getation within this area is removed or otherwise destroyed due to
wind fire disease etc the property owner shall have the responsibility to
replace the vegetation in accordance with the Roanoke County screening
standards.
(2) On the exterior sides of the screening fence for the storage area for
damaged vehicles the following additional plantings shall be required: One
row of small evergreen trees, five feet at time of planting, with an ultimate
height of not less than fifteen feet at maturity, one tree shall be planted every
fifteen linear feet.
(3) A row of small evergreen trees, five feet at time of planting, with an
ultimate height of not less than fifteen feet at maturity, one tree shall be
planted for every fifteen linear feet adjacent to the fire station property line
that parallels the rear of the existing First Team Hyundai & Suzuki showroom
and service building.
(4) The development of the site shall be in substantial conformity with the
concept plan prepared by Balzer & Associates, Inc. dated October 27, 2000.
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.
2
On motion of Supervisor Johnson to adopt the ordinance with addition to Condition
#1, and carried by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
AU�Q 4L-4-011
Brenda J. Ho ton, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Valuation
Paul M. Mahoney, County Attorney
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, DECEMBER 19, 2000
ORDINANCE 121900-15 TO CHANGE THE ZONING CLASSIFICATION OF
A.574 -ACRE TRACT OF REAL ESTATE LOCATED IN THE 5200 BLOCK
OF PETERS CREEK ROAD (TAX MAP NO. 37.08-1-2) IN THE HOLLINS
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2,
CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-2. GENERAL
COMMERCIAL, UPON THE APPLICATION OF TIM T. SNYDER
WHEREAS, the first reading of this ordinance was held on November 14, 2000, and
the second reading and public hearing were held December 19, 2000; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on this
matter on December 5, 2000; 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:
That the zoning classification of a certain tract of real estate containing .574
acres, as described herein, and located in the 5200 block of Peters Creek Road (Tax Map
Number 37.08-1-2) in the Hollins Magisterial District, is hereby changed from the zoning
classification of C-2, General Commercial District, conditional, to the zoning classification
of C-2, General Commercial District, removing conditions imposed on this property in June
of 1987.
2. That this action is taken upon the application of Tim T. Snyder.
3. That said real estate is more fully described as follows:
BEGINNING at a point on the north side of State Highway #117, 110.60 feet
east of a concrete highway monument; thence N. 33 deg. 56'30" W. 247.32
feet to an iron pin; thence N. 55 deg. 30' 10" E. 100.01 feet to an iron pin;
thence S. 33 deg. 56'30" E. 248.29 feet to an iron pin; thence S. 56 deg. 03'
G:\C0MM0N\Dec19\snyder.rzn.frm
30" W. 100 feet to the place of beginning, and as shown by a plat made by
David Dick and Harry A. WAIT, SCE, dated 3/11/66.
4. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
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Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Valuation
Paul M. Mahoney, County Attorney
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ROANOKE COUNTY Apkcants name: Tim Snyder
DEPA,RTMENT OF Rezoning from Existing C2C
COMMUNITY DEVELOPMENT To prognosed Zoning C2
Tax Map No. 37.08-1-2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 19, 2000
ORDINANCE 121900-16 ADOPTING A NEW CABLE TELEVISION
ORDINANCE AND APPROVING A FRANCHISE AGREEMENT WHICH
RENEWS THE RIGHT OF BLACKSBURG/SALEM CABLEVISION, INC., D/B/A
ADELPHIA CABLE COMMUNICATIONS, TO ERECT, CONSTRUCT
OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM (CATV) AND
REPEALING ORDINANCE 102594-12
WHEREAS, Blacksburg/Salem Cablevision, Inc., doing business as Adelphia Cable
Communications, currently holds a franchise granted by the Board of Supervisors of
Roanoke County, Virginia to operate a cable televison system within portions of Roanoke
County as a counterpart to their operation of a cable television system within the City of
Salem, Virginia; and
WHEREAS, negotiations have continued over a period of several months in tandem
with negotiations between Adelphia Cable Communications and the City of Salem for the
renewal of this franchise which originally expired on October 4,1999, and during which time
Adelphia's franchise has been extended for successive periods of three months until
January 1, 2001; and
WHEREAS, these negotiations have produced agreement between Adelphia and
Roanoke County as to the terms of a new cable televison ordinance and franchise
agreement which will provide for a substantial upgrade and rebuild of Adelphia's cable
system, for continued free cable service to county government buildings, for free internet
service for schools and libraries in Adelphia's service area, for possible increase in the
number of public government and educational access (PEG) channels, for continuation of
the current five percent (5%) franchise fee payments based upon Adelphia's gross
revenues from their cable service and for a substantial monetary grant to permit continued
support for the county's educational goals; and
WHEREAS, Blacksburg/Salem Cablevision, Inc. is prohibited by federal law from
operating a cable televison system within any jurisdiction without a franchise agreement
or extension as defined by federal law; and
WHEREAS, following adequate public notice, the first reading of this ordinance was
held on December 5, 2000, and a public hearing and second reading of this ordinance was
held on December 19, 2000, at each of which meeting the public was afforded opportunity
for comment.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the attached Cable Television Franchise Ordinance be enacted as Title 7-A of
the Roanoke County Code and the County Administrator is hereby authorized to
execute the attached Cable Televison Franchise Agreement or such other
documents necessary to grant a non-exclusive franchise forthe operation of a cable
televison system in the County of Roanoke to Blacksburg/Salem Cablevision, Inc.,
d/b/a Adelphia Cable Communications.
2. That"ORDINANCE 102594-12 AMENDING AND REENACTING ORDINANCE NO.
2308 WHICH GRANTS TO BOOTH AMERICAN COMPANY OF DETROIT,
MICHIGAN, D/B/A SALEM CABLE TV, THE RIGHT, FOR THE TERM AND UPON
CERTAIN CONDITIONS HEREIN STATED TO ERECT, CONSTRUCT, OPERATE
AND MAINTAIN A COMMUNITY ANTENNA TELEVISON (CATV) SYSTEM..."
adopted October 25, 1994, is hereby repealed.
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3. That this Ordinance shall be in full force and effect on and after the first day of
January, 2001.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Joseph B. Obenshain, Senior Assistant County Attorney
Lon Carruth, General Manager, Adelphia Cable
Forest Jones, Salem City Manager
Robert R. Altice, Chairman, Roanoke Regional Cable TV Committee
Kathi Scearce, Director, Community Relations
Dr. Jane James, Director, Media Services, Roanoke County Schools
James B. Dickey, 3440 Wedgewood Road, SW, Roanoke, VA 24018
Harry C. Nickens, Roanoke Regional Cable TV Committee
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