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Home My WebLink About2/28/2006 - Adopted Board RecordsACTION NO. A-022806-1 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2006 AGENDA ITEM: Request to appropriate funds in the amount of $7,000 for the County -wide Volunteer Appreciation "Spring Fling" SUBMITTED BY: Jennifer Conley Sexton Volunteer/Marketing Coordinator —Fire and Rescue APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County -wide volunteer appreciation Event is held every several years to show appreciation for more then 700 dedicated individuals who have volunteered their time to departments throughout Roanoke County. This year the theme is "Volunteers are the Sunshine of Roanoke County" and the Brambleton Center will be filled with the Spring theme including: Springtime Barbecue Buffet, Flower Face Painting, Sunshine Balloon Sculptures, Sunbeam Caricatures and Teen Center Fun. The Center will be decorated for Spring and a D.J. will be playing festive music along with offering Karaoke for those who wish to participate. A handsome watch with the Roanoke County logo on the face will be given to each volunteer who attends. Volunteers will not want to miss this fun -filled family event. FISCAL IMPACT: $7,000 is requested to fund this event for approximately 700 volunteers and their families who may attend. We estimate that approximately 400 volunteers and family members combined will attend. Funds are available in the Board Contingency account. STAFF RECOMMENDATION: Staff recommends appropriating $7,000 from the Board Contingency account to fund the Volunteer Appreciation "Spring Fling". VOTE: Supervisor Church motion to approve staff recommendation Motion Approved cc: File Jennifer Conley Sexton, Volunteer/Marketing Coordinator, Fire & Rescue Rick Burch, Chief, Fire & Rescue Rebecca Owens, Director, Finance 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Jennifer Conley Sexton, Volunteer/Marketing Coordinator, Fire & Rescue Rick Burch, Chief, Fire & Rescue Rebecca Owens, Director, Finance 2 1 ACTION NO. A-022806-2 ITEM NO. E-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2006 AGENDA ITEM: Request to appropriate additional funding of $40,244.50 for the construction of a new school warehouse SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In July 2004, the School Board transferred title to ten (10) acres of property at the site of the School Administration Center to the County for the construction of the new Public Safety Building. In exchange, the County Board agreed to replace the school warehouse that was on that site. The original project budget for the Public Safety Building included $500,000 for the construction of this warehouse. At a joint meeting on January 24, 2005, the cost was estimated to be around $800,000. At that time, both boards agreed that they would appropriate an additional $150,000 each to cover the overage. On July 26, 2005, after the construction bids were opened, the schools presented the total project budget at $734,000 and asked the County to appropriate their half of the amount in excess of $500,000. The County allocated an additional $117,000 to the project. Now that the project is nearing completion, the schools are presenting a revised total budget for the project of $814,489. They would like the County to appropriate half of the additional $80,489 needed to complete the project. The School Board appropriated their half ($40,244.50) to the project at their meeting on February 22, 2006. FISCAL IMPACT: The warehouse budget already includes $617,000 from the County and $117,000 from the schools for a total budget of $734,000. This budget needs to be amended to $814,489, of which $657,244.50 comes from the County and $157,244.50 comes from the schools. STAFF RECOMMENDATION: Staff recommends approving the amended school warehouse budget at $814,489, and appropriating an additional $40,244.50 from the Minor County Capital Fund. VOTE: Supervisor Wray motion to approve staff recommendation Motion Approved cc: File Diane Hyatt, Chief Financial Officer Dan O'Donnell, Assistant County Administrator Rebecca Owens, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board K Yes No Absent Mr. McNamara ® ❑ F -I Mr. Church ® EI El Mr. Altizer ® EI El Mr. Flora ® F-1 El Mr. Wray ® El cc: File Diane Hyatt, Chief Financial Officer Dan O'Donnell, Assistant County Administrator Rebecca Owens, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board K AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 28, 2006 RESOLUTION 022806-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for February 28, 2006, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3, inclusive, as follows: 1. Approval of minutes — February 14, 2006 2. Request to appropriate technology trust funds in the amount of $60,927 from the state to the Clerk of the Circuit Court for fiscal year 2005-2006 3. Confirmation of appointment to the Virginia Western Community College Board 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 Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: t - N InI n , , ( 171J)eAl�— Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Brent Robertson, Director, Management & Budget Rebecca Owens, Director, Finance Steven McGraw, Clerk, Circuit Court �q ACTION NO. A -022806-3.a ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2006 AGENDA ITEM: Request to appropriate technology trust funds in the amount of $60,927 from the state to the Clerk of the Circuit Court for fiscal year 2005-2006 SUBMITTED BY: Brent Robertson Director of Management and Budget APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Technology Trust Funds, representing fees collected by the Roanoke County Circuit Court Clerk's office, have been received from the State in the amount of $60,927. These funds have been earmarked for the purpose of purchasing software, hardware, maintenance, and related upgrades to the indexing software utilized by the Courts. These funds need to be appropriated to the Clerk of Circuit Court so that the necessary computers and equipment can be purchased. FISCAL IMPACT: No fiscal impact -100% state funds STAFF RECOMMENDATION: Staff recommends appropriating $60,927 to the Clerk of Circuit Court for fiscal year 2005- 2006. VOTE: Supervisor Church motion to approve staff recommendation Motion Approved cc: File Brent Robertson, Director, Management & Budget Rebecca Owens, Director, Finance Steven McGraw, Clerk, Circuit Court 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Brent Robertson, Director, Management & Budget Rebecca Owens, Director, Finance Steven McGraw, Clerk, Circuit Court 2 ACTION NO. A -022806-3.b ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2006 AGENDA ITEM: Confirmation of appointment to the Virginia Western Community College Board SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Virginia Western Community College Board Supervisor Wray nominated Dr. Lorraine Lange, Deputy Superintendent of Roanoke County Schools, to fill the unexpired portion of the four-year term of Will Davis who has resigned. This term will expire on June 30, 2007. It was the consensus of the Board to add confirmation of this appointment to the consent agenda. VOTE: Supervisor Church motion to approve staff recommendation Motion Approved cc: File Virginia Western Community College Board Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Virginia Western Community College Board AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 28, 2006 RESOLUTION 022806-4 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 2.2-3712 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 Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: J. 41A"�3) Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File ACTION NO. A-022806-5 ITEM NO. S-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2006 AGENDA ITEM: Request to receive and appropriate a reimbursement from Roanoke Gas Company in the amount of $67,416.99 for a gas line extension in the Center for Research and Technology SUBMITTED BY: Jill Loope Assistant Director of Economic Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: John Williamson, Chairman of the Board, President and CEO of RGC Resources, will be present to speak with the Board and present this check. John has been a long-time supporter of Roanoke County and economic development throughout the region. SUMMARY OF INFORMATION: Roanoke County entered into an agreement with Roanoke Gas Company in January 2002 to construct a natural gas line into the Center for Research and Technology (CRT). The extension consisted of approximately 15,624 feet of line from Route 460 to the CRT at a cost to the County of $152,000. According to the agreement, the County will receive reimbursements over a six year period as new companies locate within the CRT and connect to the gas line. Due to the support of Roanoke Gas Company, the County has been successful in recruiting two new businesses to the CRT. Based upon the location of Novozymes Biologicals and Tecton Products within the CRT, the County has earned a credit of $67,416.99 towards our initial investment in the extension. FISCAL IMPACT: The County will receive new revenue of $67,416.99. STAFF RECOMMENDATION: Staff recommends receiving the reimbursement and appropriating the funds back to the CRT capital account for construction. VOTE: Supervisor Wray motion to approve staff recommendation Motion Approved cc: File Jill Loope, Assistant Director, Economic Development Doug Chittum, Director, Economic Development Rebecca Owens, Director, Finance 2 Yes No Absent Mr. McNamara ® El Mr. Church ® ❑ Mr. Altizer ® 0 El Mr. Flora ® D El Mr. Wray ® D El cc: File Jill Loope, Assistant Director, Economic Development Doug Chittum, Director, Economic Development Rebecca Owens, Director, Finance 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 28, 2006 ORDINANCE 022806-6 TO VACATE, QUIT -CLAIM AND RELEASE A VARIABLE WIDTH DRAINAGE EASEMENT DEDICATED BY THE SUBDIVISION PLAT OF DEVONCROFT SUBDIVISION, LOT 1, SECTION 1, RECORDED IN PLAT BOOK 27, PAGE 64, FORMERLY DEDICATED BY BOONE, BOONE AND LOEB INC., AND TO ACCEPT DEDICATION OF A NEW VARIABLE WIDTH DRAINAGE EASEMENT, SAID EASEMENT CROSSING LOT 1, SECTION 1, CURRENTLY OWNED BY BOONE HOMES, INC., LOCATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, by an approved subdivision plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 27, page 64, Boone, Boone and Loeb, as owner of the property designated on the Roanoke County Land Records as Tax Map No. 86.01-13-01, conveyed to the Board of Supervisors of Roanoke County, Virginia, a variable width drainage easement as depicted on `PLAT SHOWING EXISTING VARIABLE WIDTH DRAINGAGE EASEMENT TO BE VACATED ACROSS LOT 1, SECTION 1, DEVONCROFT (P. B. 27 PG. 64) SITUATED ALONG BELCROFT COURT, WINDSOR HILLS MAGISTERIAL DISTRICT, RONAOKE COUNTY, VIRGINIA", prepared by Lumsden Associates, dated January 17, 2006. WHEREAS, Boone Homes, Inc., is the current owner of Lot 1, Section 1, Devoncroft, and the subject property is located at the intersection of Longview Road and Belcroft Court, public rights-of-way in the Windsor Hills Magisterial District and is now designated upon the Roanoke County Land Records as Tax Map No. 86.01-13-01; and, WHEREAS, the Petitioner, Boone Homes, Inc., as the current owner of this property, has requested that the Board of Supervisors vacate, quit -claim and release the above-described existing variable width drainage easement and accept the dedication of a new variable width drainage easement (as shown on Exhibits A and B attached hereto); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on February 14, 2006, and a second reading and public hearing were held on February 28, 2006. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (portion of public utility easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses. 3. That, subject to the following conditions, the vacation, quit -claim and release of an existing variable width drainage easement across property of Boone Homes, Inc. on Lot 1, Section 1, Devoncroft subdivison, located at the intersection of Longview Road and Belcroft Court in the Windsor Hills Magisterial District of the County of Roanoke, designated as "EX. VARIABLE WIDTH DRAINAGE EASEMENT P.B. 27, PG.64" on Exhibit A attached hereto, is hereby authorized and approved. 2 4. That, subject to the following conditions, the acceptance of a new variable width drainage easement across property of Boone Homes, Inc. on Lot 1, Section 1, Devoncroft subdivison, located at the intersection of Longview Road and Belcroft Court in the Windsor Hills Magisterial District of the County of Roanoke, designated as "NEW VARIABLE WIDTH DRAINAGE EASEMENT" on Exhibit B attached hereto, is hereby authorized and approved. 5. That Petitioner, Boone Homes, Inc. shall be responsible for all costs and expenses associated herewith, including but not limited to, all costs associated with the establishment of an alternative drainage system, surveys, publication, and recordation of documents; and, 6. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation, quit -claim, and release, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272(2) of the Code of Virginia, 1950, as amended. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 3 I A COPY TESTE: h I �, b � - (J,'& 14 &L4zm Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney I hereby certify that the foregoing is a true and correct copy of Ordinance 022806-6 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 28, 2006. Brenda J. Holton, Deputy Clerk 0 I � t TAX 06.01-03-29 � \ROY L & CASSIE E. CAR4I t , D.B. 515, PG. 39 I 1 t TAX 06.01-13-02 + r LOT 2 j I 1� 81'42'01- 1so.D2' I i FAX 186.01-03-30.01 R S BUILDERS, W. D.B. 1619, PC 629 GRAPHIC SCALE 20 40 so ( IN FEET ) 1 inch = 40 tk N07ES- L 7NIS PLAT WAS PREPARED WTHOUT Ili£ 89,07T OF A CURRENT 1171E REPORT AND THERE MAY EXIST EASUdEN75 NOT S7fOHN HEREON, 2. THIS PLAT DOES NOT CGNS77MM A BOUNDARY SURVEY. J THE INIENT OF THIS PLAT IS TO VACATE AN EVS77NO YARIABLE WD 7H DRAINAGE EASEMENT ACROSS LOT I. SEC17ON 1, *DEVONCROFT• DATE: January 17.2006 SCALE: 1"=40' b zEL c N � zm a , , C2 A= 16179'20" R- 390.00 T= 62.31 L= 123.58 BRC, S 63'19'02' F CND. 123.07 LEGENO.' t I E— D.B. DEED BOOM( t PLAT BOOK PG. PAGE W.LE O TAX 186.01-13-01 PUBUC UIXITY EASEMENT f 1 MINIMUM SUUNNG UNE LOT I RIGHT-OF-WAY rx. \toe, n � 1 mss• \'C , _ _ ! � 1 1 C2 `DNG 1 c1 EX. 4,�'1?09.0 VARM" U0714 DRMNAGE EASEMENT P.B. 27, PG 64 CT (SEE NOTE 14) A= 102'16'19' R= JO.00 f 37.25 L= 53.57 6RG. N 5677'09' E CHU 46.73 GRAPHIC SCALE 20 40 so ( IN FEET ) 1 inch = 40 tk N07ES- L 7NIS PLAT WAS PREPARED WTHOUT Ili£ 89,07T OF A CURRENT 1171E REPORT AND THERE MAY EXIST EASUdEN75 NOT S7fOHN HEREON, 2. THIS PLAT DOES NOT CGNS77MM A BOUNDARY SURVEY. J THE INIENT OF THIS PLAT IS TO VACATE AN EVS77NO YARIABLE WD 7H DRAINAGE EASEMENT ACROSS LOT I. SEC17ON 1, *DEVONCROFT• DATE: January 17.2006 SCALE: 1"=40' b zEL c N � zm a , , C2 A= 16179'20" R- 390.00 T= 62.31 L= 123.58 BRC, S 63'19'02' F CND. 123.07 LEGENO.' EX. EXIS71NO D.B. DEED BOOM( P.B. PLAT BOOK PG. PAGE W.LE WATERUNE EASEMENT . AM PUBUC UIXITY EASEMENT M.B.C. MINIMUM SUUNNG UNE R/W RIGHT-OF-WAY PLAT SHOWING EXISTING VARIABLE WIDTH DRAINAGE EASEMENT TO BE VACATED ACROSS LOT 7, SECTION 1 DEVONCROFT (P_B. 27, PG. 64) S17UATED ALONG BELCROFT COURT NNOSOR HILLS MAGISTERIAL. DISTRICT ROANOKE COUNTY. MGM4 LUMSDEN ASSOCIATES, P.C. ENGINEERS -SURVEYORS -PLANNERS RnAMOK17 VIVMIA Exhibit A a 40 ( IN FZ= ) 1 inch - 40 tL N07ES 1. TMS PUT WAS PRFPARED WWWT IW BENEFIT OF A Ct1%WWT IME REPORT AND THERE MAY EAST EISE "IS NOT WON IVIOTEON. 2 TMS PUT DOES NOT COIPSTTT T A BOUNDARY SURVEY. .I THE WENT OF INS PUT IS TO CREA7E A NEW VARL{BLE WD7H DRAINAGE EASE10VT AQW0 LOT 1, SECTION i, uVt]N=FT*. 4. EIOSTINC VANME NIDTH DRAINAGE EASEMENT TO BE VACATED BY LEGEND. r i , EJOSTING D.B. r � PUT BOOK TAX 0601-03-29 PAGE , + WA7FJ M EASEMENT. ROY D d CABBIEE B CAR D 5rs� P& 39 PUBLIC UTWTY EASEMENT I ! 1 r ~M BU[.DW LINE ` rj + Tar ^01-13-02 + LOT 2 • t 1r S 8447'01' F t i � 1 rsooz' ; 1 TAX ^m-03-3aor j E• e E R 5 OLMO RS INC. D.B. 3619, Pt;. 629 � TAX 13-01 � LOT •� w O g r 1 N 47;5 V E, �1 g -e SL2Y I C2 40�G Cl �P �O*� EASBVT P.6 27, O GD (SFR NOTE 7E /4)4) A- 10178'19' A- 1SV9'20' R= JR 00 R- J90.00 T- JZ25 Ta 6231 L= 5357 L- 12358 GRAPHIC SCALE BR& N 567rO9' E BRa S 63'1902' £ CH7 46.7J C1ID 12107 40 ( IN FZ= ) 1 inch - 40 tL N07ES 1. TMS PUT WAS PRFPARED WWWT IW BENEFIT OF A Ct1%WWT IME REPORT AND THERE MAY EAST EISE "IS NOT WON IVIOTEON. 2 TMS PUT DOES NOT COIPSTTT T A BOUNDARY SURVEY. .I THE WENT OF INS PUT IS TO CREA7E A NEW VARL{BLE WD7H DRAINAGE EASE10VT AQW0 LOT 1, SECTION i, uVt]N=FT*. 4. EIOSTINC VANME NIDTH DRAINAGE EASEMENT TO BE VACATED BY LEGEND. EX EJOSTING D.B. DID? BOOK P.B. PUT BOOK PG PAGE W.L.E WA7FJ M EASEMENT. RU.E PUBLIC UTWTY EASEMENT M.B.L ~M BU[.DW LINE R/W RIGHT-OF-WAY MmomIF INSWUlAENT. PLAT SHOWING S CURRENT ONNM Bodes HOMES, WC NEW VARIABLE WIDTH IrsMuuExT DRAINAGE EASEMENT ACROSS LOT 1. SEC77ON T DEVONCROFT (P.B. 27, PM 64) BEING GRANTED TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY BY BOONE HOMES, INC. SITUATED ALONG SELCROFT COURT WINDSOR HILLS MAGSTERIAL DISTRICT ROAMEN COUNTY, VINGMA Exhibit B DATE January 17, 2d1l LUMSDEN ASSOCIATES, P.C. SCALF- ENGINEERS -SURVEYORS -PLANNERS ROAHOKF_ VIR.GIN1 A AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 28, 2006 ORDINANCE 022806-7 TO VACATE, QUIT -CLAIM AND RELEASE A PUBLIC UTILITY EASEMENT CURRENTLY LOCATED ON PARTS OF LOT 76 AND 77 OF THE VILLAGE AT TINKER CREEK, SECTION 1, PLAT BOOK 26, PAGE 11, AND TO ACCEPT DEDICATION OF A NEW PUBLIC UTILITY EASEMENT BETWEEN LOT 76 AND 77, SECTION 1, OF THE VILLAGE AT TINKER CREEK, ALL LOCATED ON PROPERTY OWNED BY CBI DEVELOPERS, LLC AND LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by an approved subdivision plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 26, page 11, CBI Developers, LLC, as owner of the property designated on the Roanoke County Land Records as Tax Map No. 27.20-3 conveyed to the Board of Supervisors of Roanoke County, Virginia, a 15' public utility easement as depicted on 'VACATION AND DEDICATION PLAT FOR THE VILLAGE AT TINKER CREEK P.B. 28, PG 15 SHOWING VACATION OF EXISTING 15' PUBLIC UTILITY EASEMENT (P.B. 28, PG. 11) AND CREATING A NEW 15' PUBLIC UTILITY EASEMENT SITUATE ON PLANTION ROAD BEING PROPERTY OF CBI DEVELOPERS, LLC." prepared by Mattern & Craig, Inc., dated January 3, 2006. WHEREAS, CBI Developers, LLC, is the current owner of both Lots 76 and 77, The Village of Tinker Creek, and the subject properties are located on Greenville Place, a private right of way and off of Flora Farm Drive, a public right-of-way in the Hollins Magisterial District and is now designated upon the Roanoke County Land Records as Tax Map Nos. 27.20-3-76 and 27.20-3-77; and, WHEREAS, the Petitioner, CBI Developers, LLC, is the current owner of these properties and has requested that the Board of Supervisors vacate, quit -claim and release the above-described existing 15' public utility easement (PUE) and accept the dedication of a new 15' public utility easement (PUE) (as shown on Exhibit A attached hereto); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on February 14, 2006, and a second reading and public hearing were held on February 28, 2006. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (portion of public utility easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses. 3. That, subject to the following conditions, the vacation, quit -claim and release of an existing 15' public utility easement across property of CBI Developers, LLC, parts of Lot 76 and Lot 77, The Village of Tinker Creek, located on Greenville Place, a 32' private right-of-way in the Hollins Magisterial District of the County of Roanoke, cross -hatched and designated as "15' WIDE PUBLIC UTILITY EASEMENT 2 P.B. 26, PG.11 TO BE VACATED" on Exhibit A attached hereto, recorded in the aforesaid Clerk's Office in Plat Book 26, page 11, is hereby authorized and approved. 4. That, subject to the following conditions, the acceptance of a new 15' public utility easement between Lots 76 and 77, The Village at Tinker Creek, property of CBI Developers, LLC, located on Greenville Place, a 32' private right-of-way in the Hollins Magisterial District of the County of Roanoke, cross -hatched and designated as "NEW 15' WIDE PUBLIC UTILITY EASEMENT" on Exhibit A attached hereto, recorded in the aforesaid Clerk's Office in Plat Book 26, page 11, is hereby authorized and approved. 5. That Petitioner, F&W Community Development Corporation, shall be responsible for all costs and expenses associated herewith, including but not limited to, all costs associated with the establishment of an alternative drainage system, surveys, publication, and recordation of documents; and, 6. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation, quit -claim, and release, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272(2) of the Code of Virginia, 1950, as amended. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: ,t] AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A C PY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney) I hereby certify that the foregoing is a true and correct copy of Ordinance 022806-7 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 28, 2006. Brenda J. Holton, Deputy Clerk 2 v, CL C3 Q / EX. 11' PUBLIC t y i u-nLrrY EASEMENT I l P.B. 26. PG. 11 J _ -- LOT 74 o V w I LOT 73 I I > I LOT 75 o ZUJ I T W t t° w N LOT 72 t - - I CD M v: (TIE ONLY) C3 LOT 76 LOT 71 I o F S43'12'39 -E i 10.1 �- 4 S3i5-3700-E \ 23.74' LOT 77 LOT 78 LOT 70 i CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING C1 29.72 184.00 9'15'17' 14.89 29.59 1 NW33'16"E C2 15.33 76.00 1 11'33'26" 7.69 1 15.30 1 S54 24' 11'W I a op p c Existing Iron Pin r, ® Area of PUE Vacation }: ,i Area of PUE Dedication LARRY G. GRAHAM HOLLINS MAGISTERIAL DISTRICT Nwo• 258 COUNTY OF ROANOKE VIRGINIA � t THE VILLAGE AA NKER CREEK 910WW 1fMG'LM aF 15' PLMW WIRY E WMW SCALE IN FEET (PAL 24 P0. 11) AMs awn A WN Ir ON FuNum Ieow tm " �► 0eff W= 1W PROPERLY OF 0 30 60 CBI DEVELOPERS, LLC -oo MATTERN & CRAIG, INC. 701 FIRST STREET SCALE: 1" 3Q' APPROVED: w AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 28, 2006 ORDINANCE 022806-8 TO REZONE 1.14 ACRES FROM C -2C, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS, TO C-2, GENERAL COMMERCIAL DISTRICT, FOR THE OPERATION OF A MEDICAL OFFICE LOCATED AT 5296 PETERS CREEK ROAD (TAX MAP NO. 37.08-1-1), CATAWBA MAGISTERIAL DISTRICT UPON THE APPLICATION OF VISTAR EYE CENTER WHEREAS, the first reading of this ordinance was held on December 20, 2005, and the second reading and public hearing were held February 28, 2006; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 7, 2006; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 1.14 acres, as described herein, and located at 5296 Peters Creek Road (Tax Map Number 37.08-1-1) in the Catawba Magisterial District, is hereby changed from the zoning classification of C -2C, General Commercial District with conditions, to the zoning classification of C-2, General Commercial District. This rezoning would remove the following conditions placed on the property in 1988. (1) Use of subject property will be limited to office space. (2) Property will be developed in substantial accord with the site plan submitted with the following exceptions: (a) Remaining undeveloped portion of the property, if developed, will have landscaped front yard, parking at the side or rear of the building, and one sign of limited message, simple geometric shape, consistent letting style, with adequate spacing. (b) Access to the building shown on the site plan will be shared with either property to the northwest or with any buildings developed on the undeveloped portion of the subject property. (c) Screening and buffering on the site will comply with Section 21- 92 of the Code Zoning Ordinance. (d) On-site lighting will be of limited height (14' maximum) as not to impact adjacent duplexes. (3) Sign will be of limited message, simple geometric shape, and consistent lettering style with adequate spacing. No billboard advertising permitted. 2. That this action is taken upon the application of Vistar Eye Center. 3. That said real estate is more fully described as follows: Beginning at an iron on the northwest side of Virginia Route No. 117 at the easternmost corner of a 0.569 acre parcel conveyed to Roy L. Tolbert, et ux, by deed dated March 15, 1966, and recorded in the Clerk's Office of the Roanoke County Circuit Court in Deed Book 800, page 585; thence with the northeasterly line of said Tolbert property N. 330 56'30" W. 248.29 feet to a point; thence N. 55° 30' 10" E. 200 feet to a point; thence with a new division line through the property of Branch & Associates, Inc. S. 330 56' 30" E. 250.23 feet to an iron on the northwest side of Virginia Route No. 117; thence with the line of Route No. 117 S. 56° 03'30" W. 200 feet to the Place of Beginning, and containing 1.14 acres, more or less, and being shown on a plat by T. P. Parker, SLC, dated January 15, 1971. 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 2 amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A OPY TESTE: 117 / P " q 41 /Jim /I Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 28, 2006 ORDINANCE 022806-9 TO REZONE APPROXIMATELY 43 ACRES FROM 1-2, INDUSTRIAL DISTRICT, TO AG -3, AGRICULTURAURURAL PRESERVE DISTRICT, AND TO OBTAIN A SPECIAL USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF A REGIONAL JAIL LOCATED AT 5859 WEST RIVER ROAD (PART OF TAX MAP NO. 64.03- 1-19.01), CATAWBA MAGISTERIAL DISTRICT UPON THE APPLICATION OF WESTERN VIRGINIAL REGIONAL JAIL AUTHORITY WHEREAS, the first reading of this ordinance was held on January 24, 2006, and the second reading and public hearing were held February 28, 2006; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 7, 2006; and WHEREAS, the Roanoke County Planning Commission determined that the proposed regional jail was in substantial conformity with the adopted Community Plan in accordance with the provisions of Section 15.2-2232 of the Code of Virginia. WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 43 acres, as described herein, and located at 5859 West River Road (Tax Map Number 64.03-1-19.01) in the Catawba Magisterial District, is hereby changed from the zoning classification of 1-2, Industrial District, to the zoning classification of AG -3, Agricultural/Rural Preserve District. 2. That the Board finds that the granting of a special use permit to Western Virginia Regional Jail Authority for the construction and operation of a regional jail to be located at 5859 West River Road in the Catawba Magisterial District is substantially in accord with the adopted 2000 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following condition: (a) Development of the site shall be in substantial compliance with the Site Concept Plan, dated 12/23/05, prepared by HSMM. 3. That this action is taken upon the application of the Western Virginia Regional Jail Authority. 4. That said real estate is more fully described as follows: The following is a deed description for New Parcel A -1A (42.713 acres) being a resubdivision of Original Parcel A-1 (P.B. 27, Pg. 127). The description is as follows: BEGINNING at Corner 28, said point located on the northerly right-of-way of Norfolk and Southern Railway, said point also located the northerly boundary of property of Margaret Joanne Cooper (Instrument #200405846); thence leaving Norfolk and Southern Railway and with Cooper N 50° 33' 05" W, 63.28 feet to Corner #28A; thence leaving Cooper and the northerly boundary of New Parcel A-1 B for the following 4 courses; thence with a curve to the right, which said curve is defined by a delta angle of 70 13' 10", a radius of 1637.89 feet, an arc length of 206.38 feet, chord of 206.24 feet and bearing N 61 ° 14' 18" E, to Corner 7D; thence with a curve to the left, which said curve is defined by delta angle of 91' 00' 40", a radius of 75.00 feet, an arc length of 119.73 feet, a chord of 107.00 feet and bearing N 190 20' 32" E, to Corner #7C; thence N 260 09' 48"W, 564.51 feet to Corner #713; thence N 740 54' 41" W, 433.48 feet to Corner #7A, said point located on the easterly right-of-way of U.S. Route 11; thence leaving Parcel A-1 B and with U.S. Route 11 with a curve to the left, which said curve is defined by a delta angle of 20 44'48", a radius of 4172.56 feet, an arc length of 200.02 feet, a chord of 200.00 feet and bearing N 120 58' 54" E, to Corner #8, said point located on the boundary of property of Four H Investments LLC (Instrument #200504006); thence leaving right-of-way of Route 11 and with Four H Investments LLC and Roanoke River for the following 3 courses, S 640 41' 31" E, 98.07 feet to Corner #9; thence N 390 11' 18" E, 167.63 feet to Corner #10; thence N 410 21' 08" E, 209.53 feet to Corner #11; thence N 440 17' 56" E, 153.50 feet to Corner #12; thence N 550 52' 07" E, passing the northeasterly corner of Four H Investments LLC at approximately 30 feet in all 203.47 feet to Corner #13, said point located on the southerly boundary of property of Reliance, LLC (Instrument #200201135); thence continuing with 2 Reliance, LLC, and with the Roanoke River, N 69° 57' 35" E, 374.52 feet to Corner #14; thence N 810 13'49" E, passing the southeasterly corner of Reliance, LLC at approximately 150 feet in all 220.80 feet to Corner #15, said point located on the southerly boundary of Agnes V. Statzer property and said point also being the northwesterly corner of property of William W. Hurt, Jr. (D.B. 1310, Pg. 94); thence leaving Statzer and with the westerly boundary of Hurt and with approximate centerline of Roanoke River for the following 9 courses; thence N 640 58' 41' E, 136.85 feet; to Corner #16; thence S 46° 38' 55" E, 170.47 feet to Corner #17; thence S 300 57'08" E, 164.89 feet to Corner #18; thence S 21' 52'41" E, 219.25 feet to Corner #19; thence S 07° 41'25" E, 260.33 feet to Corner #20; thence S 220 53'52" E, 356.46 feet to Corner #21; thence S 250 31' 19" E, 226.17 feet to Corner #22; thence S 260 22' 19" E, 242.86 feet to Corner #23; thence S 250 48' 15" E, 112.01 feet to Corner #24, said point located on the northerly right-of-way of Norfolk and Southern Railway; thence leaving William W. Hurt and approximately centerline of Roanoke River and with the northerly right-of-way of Norfolk and Southern Railway for the following 4 courses; thence N 660 26' 54" W, 100.00 feet to Corner #25; thence N 680 08'56" W, 100.02 feet to Corner #26; thence N 690 55' 52" W, 23.97 feet to Corner #27; thence with a curve to the left, which said curve is defined by a delta angle of 51' 18' 09", a radius of 1577.89 feet, an arc length of 1412.84 feet, a chord of 1366.11 feet, and bearing S 830 59'48" W, to Corner #28, the place of BEGINNING and containing 42.713 acres, said description and acreage does not include 0.435 acres of existing cemetery located within this parcel. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Altizer, Flora, Wray NAYS: Supervisor Church 3 A JPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Janet Scheid, Chief Planner John Chambliss, Assistant County Administrator Arnold Covey, Director, Community Development William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney Western Virginia Regional jail Authority 4