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HomeMy WebLinkAbout1/21/1990 - Adopted Board RecordsAT AN ADJOURNED MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY , VIRGINIA, HELD AT THE HOLIDAY INN-TANGLEWOOD ON SUNDAY, JANUARY 21, 1990 RESOLUTION 12190-1 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia that such executive meeting was conducted in conformity with Virginia Law. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson and upon the following recorded vote: AYES: Supervisors Johnson, McGraw, Eddy, Robers NAYS: Supervisor Nickens A COPY TEST: Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Executive Session File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JANUARY 23, 1990 ORDINANCE NO. 12390-1 AMENDING AND REENACTING THE 1989-90 APPROPRIATION ORDINANCE BY TRANSFERRING CAPITAL OUTLAY FUNDS FOR EMERGENCY RESPONSE VEHICLES AND ASSOCIATED EQUIPMENT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved the annual budget for Roanoke County for fiscal year 1989- 90, after public hearing and first and second readings of the ordinance on June 14, 1989, pursuant to the provisions of Section 18.04 of the Roanoke County Charter; and WHEREAS, the capital outlay portion of this budget provides for the sum of $189,934 to be expended for emergency response vehicles and associated equipment for the Roanoke County Sheriff's Department; and WHEREAS, the voters of Roanoke County by referendum conducted on November 7, 1989, approved the creation of a County Police Force pursuant to Section 15.1-131.6:1 and the County has requested legislation from the General Assembly to authorize the creation and funding of such police force not later than July 1, 1990; and WHEREAS, it is the intention of the Board of Supervisors of Roanoke County, Virginia, to insure that the sum of $189,934 be expended for emergency response vehicles and associated equipment to serve the law enforcement needs of the citizens of Roanoke County. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Ordinance No. 61489-9 appropriating funds for the 1989-90 fiscal year budget for Roanoke County, Virginia, is amended and reenacted as follows: Funds related to the purchase of emergency response vehicles and associated equipment are being transferred from the Sheriff's Department and reappropriated to a new department for the Police Department. These funds, as stated in the original budget ordinance, are being transferred as follows: Policing and Investigation Capital (Sheriff's Department) Uniform Division ($171,967) Criminal Investigation Division ( 8,984) Services Division ( 8,983) Police Department Uniform Division $171,967 Criminal Investigation Division 8,984 Services Division 8,983 2. That an emergency exists therefore the second reading of this ordinance has been dispensed with by the affirmative vote of four-fifths of the members of the Board. The effective date of this ordinance shall be January 23, 1990. On motion of Supervisor Nickens and upon the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None. A copy - teste: Mary H. Allen, Clerk cc: File Sheriff Michael Kavanaugh Don C. Myers, Assistant County Administrator Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Jack Council, Director, Procurement ACTION NO. A-12390-2 ITEM NO. -7) - `3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 1990 AGENDA ITEM: Request for funds for Police Department transition and for implementation authority for the County Administrator. BACKGROUND• The steps needed to ensure an orderly transition of County law enforcement responsibilities from the Sheriff's Office to the Police Department will require an expenditure of funds prior to July 1, 1990, the effective date of the Police Department implementation. SUMMARY OF INFORMATION: As you know, a nationwide search is being conducted to identify and hire a Police Chief and have him in place by May 1, 1990. It is our desire to effect a full transition to the new department two months later on July 1, 1990. Funds will be required for recruiting expenses, for two months salary, and the furnishing of an office for the Chief. Also, State law prohibiting the use of our current color scheme for uniforms and vehicles in a police department will require the re -painting and re -striping of all marked vehicles and the purchase of new uniforms and accessories. In addition, all forms, reports, business cards, and letterheads will need to be ordered for the Police Department. Some of this cost can be offset because it will reduce the need for these items in future Sheriff's Department budgets. An Employee Advisory Team has been established to assist in the transition process in the following ways: 1. Act as a channel to receive and forward questions from employees. 2. Generate and receive ideas to maximize the effectiveness of the new department. 3. Provide input for budget consideration. 4. Provide input on personnel policies. 5. Provide input on uniforms, car markings, badges, etc. cc: The committee feels a great deal of ownership in this process and in the new department and has been very enthusiastic in carrying out the assigned tasks. The selection of uniform style, color and accessories was by vote of the employees of the Uniform, Criminal Investigation and Youth and Family Services Divisions. These divisions will make up the new Police Department. On display for your review today are their choices. Summarized below are estimated expenses for the transition: Uniforms $ 78,000 Paint/Stripe 46 marked vehicles 32,200 Chief's Salary/benefits (two months) 10,000 Stationery 13,000 Word Processor 3,000 Furniture 1,500 Recruiting costs, moving expenses, etc. 10,000 Assessment Center (6-10 individuals) 10,000 Total $157,700 RECOMMENDATION: It is requested that the Board appropriate $157,700 to cover transition and implementation expenses for the Roanoke County Police Department and that the County Administrator be authorized to implement the Police Department effective July 1, 1990, or prior to that time, if necessary. It is further requested that the County Administrator be authorized to work with the Sheriff of Roanoke County to allocate personnel, funds and equipment for the purpose of staffing and outfitting the Police Force. Approved (x ) Denied ( ) Received ( ) Referred to SUBMITTED BY: &� X�Q� Elmer C. Hodg County Administrator ACTION Motion by: Bob L. Johnson to approve staff recommendation File Don Myers, Assistant County Adm. Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Keith Cook, Director, Human Resources Sheriff Michael Kavanaugh VOTE No Yes Abs Eddy x Johnson x McGraw x Nickens Robers ACTION NO. A-12390-3 Item No. -D.,Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA ON TUESDAY, MEETING DATE: January 23, 1990 SUBJECT: 1990 Roanoke Valley - Northern Virginia Economic Bridges Project COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: There have been ongoing economic development contacts between the Roanoke Valley and Northern Virginia since 1986. During September 1988, a delegation of business and community leaders traveled to Fairfax County to make a presentation on the labor, quality of life and locational advantages of the Roanoke Valley. This delegation was followed by four (4) marketing trips by Roanoke County, Roanoke City and New River Valley economic developers. The President of George Mason University and his key staff members visited the Roanoke Valley in the summer of 1989 and announced that Dewberry and Davis was locating a branch office in Valleypointe. Several 1989 marketing trips from the Roanoke Valley concluded that Northern Virginia companies were seeking procurement contacts and subcontracting opportunities to support contracts and projects with the Federal Government. A Roanoke Valley "high tech" industry and services marketing book was prepared from company literature to present the capabilities of local companies. SUMMARY OF INFORMATION: A marketing trip on January 15-16, 1990 to meet with representatives of George Mason University and Fairfax County Economic Development Authority concluded that a high profile 1990 "economic bridges" project was necessary to capitalize on previous successes and continue momentum. A proposed visit of Northern Virginia high tech companies to the Roanoke Valley was discussed. However, constraints of travel and budgeting would limit the size of the delegation and the duration of their visit. PA �-z A more cost effective recommendation is to have George Mason University sponsor a day and one half Roanoke Valley technology fair in Northern Virginia. This would allow local companies to display their high tech products, supplies and services to a multitude of Washington Metro companies. It would create a better exposure for the Roanoke Valley by presenting a unified program with diverse high tech companies. The program would include short technical seminars, presentations on the Valley and industry tours of Northern Virginia companies. FISCAL IMPACT: A program and budget will have to be prepared for this project. RECOMMENDATION: The staff recommends that the Board of Supervisors: 1. Request the Regional Partnership to be the central Roanoke Valley contact for the implementation of the "First Roanoke Valley Technology Fair" to be held in the Fall of 1990. 2. Contact area businesses to ascertain their interest in participating. 3 Provide staff resources from the County Economic Development Department to support the Partnership in this project for marketing and planning the technology fair. SUBMITTED BY: APPROVED: Timothy W. Gubala, Director Elmer C. Hodge, Jr., Economic Development County Administrator ---------------------------------------------------------------- ACTION No Yes Abs Approved (x) otion b • L e B. Eddv Eddy x Denied ( ) o approve s�aLz� tioaohnson x Received ( ) McGraw x Referred Nickens x to Robers x cc: File Timothy W. Gubala, Director, Economic Development AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JANUARY 23, 1990 ORDINANCE 12390-4 ACCEPTING THE OFFER OF AND AUTHORIZING THE EXECUTION OF A LEASE OF REAL ESTATE, OFFICE SPACE FOR THE ROANOKE COUNTY DEPARTMENT OF SOCIAL SERVICES LOCATED IN THE CITY OF SALEM 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 Charter of Roanoke County, the acquisition of any interest in real estate, which includes a lease of office space, shall be accomplished by ordinance and pursuant to the authority found in Sections 15.1-262 and 15.1-897 of the Code of Virginia, 1950, as amended; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County the first reading on this ordinance was held on January 9, 1990, and the second reading was held on January 23, 1990, concerning the lease of office space for the use of the Roanoke County Department of Social Services in a building located at the southwest corner of Main Street and College Avenue in the City of Salem, Virginia, commonly known as the Salem Bank Building, together with all appurtenances thereto belonging; and 3. That this lease is with the COLLEGE AVENUE BLDG LIMITED PARTNERSHIP, a Pennsylvania limited partnership, of approximately Thirteen Thousand, Two Hundred Sixty-seven (13,267) square feet of office space consisting of the third and fourth floors, together with forty (40) percent of the tenant parking provided for the premises but in no event not less than sixteen (16) spaces for a term commencing the first day of March 1990 and ending the 28th day of February 1994 for a base rental for the initial four (4) year term of the lease of Three Hundred Ninety-six Thousand Six Hundred Eighty-three Dollars ($396,683) and with options to renew or extend the term of the lease; and 4. That the lease agreement setting forth the terms and conditions of this lease is incorporated herein by reference. 5. That the County Administrator is authorized to execute this lease on behalf of the County of Roanoke and to execute such other documents and take such other actions as are necessary to accomplish this transaction all of which shall be upon form approved by the County Attorney. On motion of Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney John Chambliss, Assistant County Administrator Betty Lucas, Director, Soecial Services John Willey, Director, Real Estate Assessment Diane Hyatt, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JANUARY 23, 1990 ORDINANCE 12390-5 AUTHORIZING THE ACQUISITION OF THE BRIDLEWOOD WATER SYSTEM, THE FALLING CREEK WATER SYSTEM AND THE CHERRY HILL WATER SYSTEM AND THE TRANSFER OF THE FALLING CREEK WATER SYSTEM TO THE TOWN OF VINTON WHEREAS, on November 4, 1986, the voters of Roanoke County approved at referendum the issuance of general obligation bonds to finance the costs of improving the County's public water supply; and, WHEREAS, $1,000,000 of this referendum were allocated to the purchase of selected private water systems and wells; and, WHEREAS, these bonds were issued March 1, 1988 through the Virginia Resources Authority, and the proceeds used to acquire five (5) privately owned water systems, leaving a balance of approximately $477,000; and, WHEREAS, the Utility Director has negotiated an agreement to acquire an additional three (3) privately owned water systems; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on December 19, 1989, and the second reading was held on January 23, 1990. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1) That the acquisition and acceptance of the Cherry Hill Water System, which serves the Greenhill subdivision located in west County, from the Cherry Hill Water Company for the sum of Eleven Thousand ($11,000.00) Dollars is hereby authorized and approved. 2) That the acquisition and acceptance of the Bridlewood Water System, which serves the Bridlewood subdivision in southwest County, from Water Distributors, Inc. for the sum of Ninety Thousand One Hundred ($90,100.00) Dollars is hereby authorized and approved. 3) That the acquisition and acceptance of the Falling Creek Water System, which serves the Falling Creek subdivision in east County, from Water Distributors, Inc. for the sum of One Hundred Twenty Thousand Four Hundred ($120,400.00) Dollars is hereby authorized and approved. That the acquisition of this water system is subject to modification of the May 25, 1979 Agreement with the Town of Vinton to allow the County to provide water services within the area designated by said agreement. 4) That the assignment of the County's right to acquire the Falling Creek Water System, or the subsequent sale of the Falling Creek Water System by the County to the Town of Vinton for the sum of One Hundred Twenty Thousand Four Hundred ($120,400.00) Dollars is hereby authorized and approved. The transfer of the Falling Creek Water System to the Town of Vinton is authorized pursuant to Section 16.01 of the Roanoke County Charter since it is being made available for other public uses. 5) That the sum of One Hundred One Thousand One Hundred ($101,100.00) Dollars is hereby appropriated from the 1988 General Obligation Bond proceeds to fund the purchases of the Cherry Hill Water System and the Bridlewood Water System in the amounts and for the purposes described herein. The full faith and credit of the r County is pledged to the payment of this bond; however the County plans to pay this bond from the proceeds of the revenues from the County water system and Utility Enterprise Fund. That the sum of One Hundred Twenty Thousand Four Hundred ($120,400.00) Dollars for the acquisition of the Falling Creek Water System is hereby appropriated from the Utility Enterprise Fund. 6) That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these transactions, all of which shall be on form approved by the County Attorney. On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None A COPY TESTE: Mary H. 91len, Clerk Roanoke County Board of Supervisors cc: File Cliff Craig, Director, Utilities Paul Mahoney, County Attorney Phillip Henry, Director, Engineering Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget George Nester, Vinton Town Manager AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 23, 1990 RESOLUTION NO. 12390-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for January 23, 1990, designated as Item L - 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 - May 23, 1989 2. Approval of Minutes - January 3, 1990 3. Confirmation of Committee Appointments to the Mental Health Services of the Roanoke Valley Community Services Board, Library Board and Transportation and Safety Commission. 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. Items L-2, L-3 on motion of Supervisor Nickens with the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None Item L-1 on motion of Supervisor Nickens with the following recorded vote: AYES: Supervisors McGraw, Johnson, Nickens, Robers NAYS: None ABSTAIN: Supervisor Eddy A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors 1/26/90 CC: File ACTION # A -12390-6.a ITEM NUMBER L_3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE January 23, 1990 SUBJECT: Confirmation of Committee Appointments to the the Mental Health Services of the Roanoke Valley Community Services Board, Library Board and Transportation and Safety Commission COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations have been made and must now be confirmed by the Board of Supervisors. The nominee has agreed to serve. Library Board Supervisor Johnson has nominated Dr. Norma Jean Peters to serve another four-year term representing the Hollins Magisterial District. Her term will expire December 31, 1993. Mental Health Services of the Roanoke Valley Community Services Board Supervisor Eddy has nominated the ratification of the Rev. Clay Turner to serve as an at -large member. His three-year term will expire on December 31, 1992. Reverend Turner's appointment must also be ratified by the five participating governing bodies. Transportation and Safety Commission Supervisor Eddy has nominated Henry Gregory to serve the unexpired term of May Johnson. The term will expire January 1, 1992. SUBMITTED BY: Mary H. Illen Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator LZ W ------------------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Harry C. Nickens Yes No Abs Denied ( ) Eddy x Received ( ) Johnson x Referred McGraw x To: Nickens x Robers x cc: File Library Board File Mental Health Services of the Roanoke Valley Community Services Board File Transportation and Safety Commission File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JANUARY 23, 1990 ORDINANCE 12390-7 AMENDING CHAPTER Be "EROSION AND SEDIMENT CONTROL" OF THE ROANOKE COUNTY CODE BY AMENDING SECTION 8-11(a), "CONTROL MEASURES GENERALLY" TO PROVIDE FOR THE ADOPTION OF STORMWATER MANAGEMENT CRITERIA WHEREAS, the adoption of more stringent criteria to regulate stormwater management is authorized by Section 10.1-562 of the Code of Virginia, 1950, as amended; and WHEREAS, notice of the County's intention to adopt an amendment to its erosion and sediment control ordinance was duly advertised in the Roanoke Times and World News on October 10, 1989, October 17, 1989, December 5, 1989, and December 12, 1989; and WHEREAS, the first reading on this ordinance was held on October 10, 1989; the second reading and public hearing were held on January 23, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 8, "Erosion and Sediment Control" of the Roanoke County Code be, and hereby is, amended and reenacted by amending Section 8-11(a) to read and provide as follows: Sec. 8-11. Control measures generally. (a) Practices for erosion and sediment control in the county shall meet or exceed the standards and specifications contained in the Virginia Erosion and Sediment Control Handbook, Part III, as published and amended through March 8, 1983, in haec verba and the Code of Virginia, as amended, through such date, except for those more stringent local stormwater management criteria which the Board It of Supervisors of Roanoke County Virginia may adopt by resolution and incorporate into the manual of regulations and policies entitled " Design and Construction Standards Manual." 2. That these amendments, additions, and reenactments shall be in full force and effect from and after January 23, 1990, and that the effective date for this ordinance and the section of the "Design and Construction Standards Manual" concerning 1110 Year Design Requirements" shall be in full force and effect from and after January 23, 1990. The 1110 and 25 Year Design Requirements" of said Manual shall be in force and effect from and after March 23, 1990. On motion of Supervisor Eddy, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: Supervisor Nickens A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Phillip Henry, Director, Engineering Cliff Craig, Director, Utilities Terry Harrington, Director, Planning John Hubbard, Assistant County Administrator Paul M. Mahoney, County Attorney Skip Burkart, Commonwealth Attorney Magistrate Sheriff's Department Roanoke Law Library, 315 Church Avenue, S.W., Rke, 24016 Main Library Roanoke County Code Book Roanoke County J&D Court, Intake Counsellor AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JANUARY 23, 1990 RESOLUTION 12390-8 ADOPTING A NEW SECTION OF THE DESIGN AND CONSTRUCTION STANDARDS MANUAL ENTITLED "STORMWATER MANAGEMENT CRITERIA" WHEREAS, the Department of Development is in the process of preparing a manual to assist the public, and especially the development community, for clarification of rules, regulations, and policies applicable to land development in Roanoke County; and WHEREAS, a Design and Construction Standards Committee composed of area engineers, surveyors, members of the Roanoke Valley Homebuilders Association, and County staff was assembled to develop the content of the manual and the design standards; and WHEREAS, it was the consensus of the committee to address the areas of water, sewer, street and parking, and stormwater management in the manual; and WHEREAS, at its meeting on February 14, 1989, the Board of Supervisors of Roanoke County, Virginia, by resolution, adopted a manual of regulations and policies entitled "Design and Construction Standards Manual" to assist the public in the clarification and interpretation of rules, regulations, and policies applicable to land development in Roanoke County, and in particular, the areas of water, sewer, street and parking; and WHEREAS, the water design standards, street and parking design standards and specifications, and subdivision approval for on-site sewage disposal and well systems standards chapters of the manual have been previously completed and adopted. NOW, THEREFORE, be it resolved that the Board of Supervisors of Roanoke County, Virginia, does hereby adopt the fourth component of the Design and Construction Standards Manual entitled "Stormwater Management Criteria" which is attached hereto and incorporated herein by reference. Further the section of the manual concerning 1110 Year Design Requirements" shall be in full force and effect from and after January 23, 1990, and the stormwater management criteria shall apply to all plans which have not been approved by the Department of Development and Inspection on or before January 23, 1990. The 1110 and 25 Year Design Requirements" shall be in full force and effect from and after March 23, 1990. These stormwater management criteria shall apply to all plans which have not been approved by the Department of Development and Inspection on or before March 23, 1990. On motion of Supervisor Eddy to adopt resolution with improved wording in the manual, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: Supervisor Nickens A COPY TESTE: R Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Phillip Henry, Director, Engineering Cliff Craig, Director, Utilities Terry Harrington, Director, Planning John Hubbard, Assistant County Administrator Paul Mahoney, County Attorney AMENDED AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JANUARY 23, 1990 DENIAL OF ORDINANCE TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 3.9 ACRE TRACT OF REAL ESTATE LOCATED ON THE NORTH SIDE OF ROUTE 419 AT THE INTERSECTION OF CHAPARRAL DRIVE (TAX MAP NOS. 87.06-4-1 AND 87.06-4-2) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-1, CONDITIONAL, TO THE ZONING CLASSIFICATION OF B-1, CONDITIONAL UPON THE APPLICATION OF FRALIN & WALDRON INC. WHEREAS, the first reading of this ordinance was held on December 19, 1989, and the second reading and public hearing was held January 23, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 3, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned from R-3, Multi -family Residential District, to B-1, Office District with proffered conditions, on August 13, 1985. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: DENIED on motion of Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JANUARY 23, 1990 DENIAL OF ORDINANCE TO AMEND THE FUTURE LAND USE PLAN MAP DESIGNATION OF APPROXIMATELY 28.05 ACRES LOCATED OFF OF ROUTE 939 (AEROSPACE ROAD) IN THE VINTON MAGISTERIAL DISTRICT FROM RURAL PRESERVE TO DEVELOPMENT AND TO CHANGE THE ZONING CLASSIFICATION OF A 22.5 ACRE PARCEL FROM M-2 TO THE ZONING CLASS- IFICATION R-1 UPON THE APPLICATION OF AEROSPACE RESEARCH CORPORATION WHEREAS, the first reading of this ordinance was held on December 19, 1989, and the second reading and public hearing was held on January 23, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 3, 1990; 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: DENIED on motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Nickens, Robers NAYS: Supervisor McGraw A COPY TESTE: Q Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JANUARY 23, 1990 DENIAL OF ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 1.016 ACRE TRACT OF REAL ESTATE LOCATED GENERALLY BEHIND 3707 AND 3655 BRAMBLETON AVENUE (TAX MAP NOS. 77.09-4-52 AND 77.09-4-52.1) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B- 2 TO THE ZONING CLASSIFICATION OF M-1 WITH CONDITIONS UPON THE APPLICATION OF BRAMBLETON STORAGE CORPORATION WHEREAS, the first reading of this ordinance was held on December 19, 1989, and the second reading and public hearing was held January 23, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 3, 1990; 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: Denied on motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JANUARY 23, 1990 ORDINANCE 12390-9 TO CHANGE THE ZONING CLASSIFICATION OF A .68 ACRE TRACT OF REAL ESTATE LOCATED AT 4920 COVE ROAD (TAB MAP NO. 37.17-01-05) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B- 2 TO THE ZONING CLASSIFICATION OF M-1 WITH CONDITIONS UPON THE APPLICATION OF PROFESSIONAL SERVICES INDUSTRIES INC. WHEREAS, the first reading of this ordinance was held on December 19, 1989, and the second reading and public hearing was held January 23, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 3, 1990; 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 .68 acre, as described herein, and located at 4920 Cove Road, (Tax Map Number 37.17-01-05) in the Catawba Magisterial District, is hereby changed from the zoning classification of B-2, General Commercial District, to the zoning classification of M-1, Light Industrial District. 2. That this action is taken upon the application of Professional Services Industries Inc. 3. That the applicant has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (1) No outside storage of materials. (2) Cosmetic improvements to the exterior of the building. (3) Plant new shrubs in front of the building. (4) The property will be used primarily for the sale of heating and air conditioning systems and guttering and related components, and for the inside storage and fabrication of materials incidental to such sales and for office, administrative and other purposes reasonably related to the activities above-described. (5) The total area of all business signs on the property will not at any one time exceed the sum of 1.25 square feet for each lineal foot of street frontage and in no event more than 300 square feet, regardless of the number of lineal feet of street frontage. 4. That said real estate is more fully described as follows: BEGINNING at an iron stake on the northwesterly right-of-way line of Peters Creek Road, Virginia Highway Route 117, 146.29 feet northeasterly from an angle point at the northwesterly corner of Peters Creek Road and Cove Road, said beginning point being the northeasterly corner of the property of Humble Oil Co.; thence leaving Peters Creek Road and with two lines of the Humble Oil Co. property N. 74 deg. 21' W. 100.0 feet to an iron stake; thence S. 34 deg. 28' 30" W. 165.00 feet to an iron stake on the northerly right-of-way line of Cove Road (Virginia Highway No. 116); thence with same, leaving the Humble Oil Co. property N. 74 deg. 21' W. 113.00 feet to an iron stake, a corner to the property of Mrs. Dorothy H. Whitesell, Mrs. Geraldine H. Waring and Frances H. Easley; thence with same and leaving Cove Road, N. 35 deg. 12' 10" E. 250.0 feet to a point, a new corner; thence with a new division line through the property of William Kenney S. 62 deg. 16' 50" E. 201.59 feet to a point on the northwesterly right- of-way line of Peters Creek Road; thence with said right-of-way line with a curved line to the left, having a radius of 2334.83 feet, a chord bearing and distance of S. 36 deg. 59' 35" W. 40.0 feet and an arc distance of 40.00 feet to the point of BEGINNING, containing 0.0685 acres, as shown on plat made by David Dick & Associates, dated February 26, 1973, which said plat is recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 968, page 99. BEING a part of the same property conveyed to William Kenney by deed dated July 26, 1971, which said deed is recorded in the aforementioned Clerk's Office in Deed Book 926, page 533. 5. That the effective date of this ordinance shall be January 23, 1990. On motion of Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Nickens, Robers NAYS: None ABSTAIN: Supervisor McGraw A COPY TESTE: 17) Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney DENIED ACTION # A12390-10 ITEM NUMBER / O" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA MEETING DATE: January 23, 1990 AGENDA ITEM: Resolution Supporting the Designation of Property of Roanoke Rebos, Inc. as Exempt from Taxation by the General Assembly of Virginia COUNTY ADMINISTRATOR'S COMMENTS: /J �. t .. „fl.` -i L"� fi�.�..-1�-Y�y.�.� � . S� F-'�""t 0-.+"1 .'t Y L.L•,y;.,� d "L il,... U.. t�G r L-tc � c' � � BACKGROUND•' Roanoke Rebos, Inc. was organized by a group of local businessmen in 1985 to provide an alcohol free environment for recovering alcoholics through THE REBOS (Sober) CLUB. In 1986, the organization was chartered by the State Corporation Commission as a non -stock corporation, and it has subsequently been granted tax exempt status by the Internal Revenue Service under Section 501(c)(3). Roanoke Rebos, Inc. owns a large, old house (the former Steele residence) located at 4231 Garst Mill Road in the Windsor Hills Magisterial District and adjoining the County's Garst Mill Park. This house is used both as the location for approximately 10 Alcoholics Anonymous meetings a week and as a meeting place or club where recovering alcoholics can meet and socialize without alcohol. SUMMARY OF INFORMATION: Roanoke Rebos, Inc has requested the introduction of legislation which would exempt its real estate at 4231 Garst Mill Road and any personal property owned from taxation by Roanoke County. As a pre -condition to consideration of such legislation by the appropriate committee(s) of the General Assembly, Section 30-19.04 of the Code of Virginia requires the Board of Supervisors to adopt a resolution either supporting or opposing this requested exemption. This statute requires the Board to consider the following questions : (The answers have been provided by Mr. John Turner, Treasurer of Roanoke Rebos, Inc.) 1. Whether the organization is exempt from taxation pursuant to'Section 501(c) of the Internal Revenue Code of 1954? "Yes" 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alcoholic /70-7 Beverage Control Board to such organization, for use on such property? "No" 3. Whether any director or officer of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director or officer actually renders? "No. All officers and directors volunteer their services without compensation." 4. Whether any part of the net earning of such organization inures to the benefit of any individual. "No" And whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state, or federal grants. "Yes" 5. Whether the organization provides services for the common good of the public. "Yes" 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. "No" 7. No rule, regulation, policy, or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. "Correct" 8. Any other criteria, facts and circumstances which the Board of Supervisors deems pertinent to the adoption of such resolution. Roanoke Rebos, Inc. has an annual budget of approximately $30,000 which is funded primarily through fees from its sponsored AA meetings on the premises, dues for The Rebos Club and other fund raising activities such as an annual tent sale. Its expenses include a $10,440 yearly mortgage payment to Signet Bank on their house as well as utilities and maintenance and $3,600 a year paid to the on -premises caretaker. The real estate taxes for this property for 1989 was $924.60 on an assessed value of $80,400.00 LTERNATIVES AND IMPACTS: Approval of this request for exemption from real and personal property taxation will cost the County approximately $10,000 in tax revenue over the next 10 years. As an alternative, the Board can indicate that it does not support the request of this non-profit corporation for tax exempt status. Not every non-profit corporation which owns real estate in Roanoke County has been granted such status. f W� The staff recommends approval of this request and adoption of this resolution. Respectfully submitted, o ph B. Obenshain, Esq. enior Assistant County Attorney Action Vote No Yes Abs Approved ( ) Motion by Lee B. Eddy to Eddy x Denied (x) approve resolution- Denied by Johnson Received ( ) _3 2 vote McGraw Referred Nickens to Robers cc: File Paul Mahoney, County Attorney John Willey, Director, Real Estate Assessment R. Wayne Compton, Commissioner of Revenue AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER TUESDAY, JANUARY 23, 1990 RESOLUTION 12390-11 AUTHORIZING THE ISSUANCE AND SALE OF THE COUNTY OF ROANORE, VIRGINIA REVENUE ANTICIPATION NOTES, SERIES 1990 IN THE AMOUNT OF $9000,000 AND SETTING FORTH THE FORM AND DETAILS THEREOF WHEREAS, Section 15.1-545 of the Code of Virginia of 1950, as amended, authorizes the Board of Supervisors of the County of Roanoke, Virginia ("Board") to borrow money for the purpose of meeting casual deficits in the revenue of the County of Roanoke, Virginia ("County"); and WHEREAS, the Board has determined that it is necessary and expedient to borrow $9,000,000 on behalf of the County and to issue its Revenue Anticipation Notes, Series 1990 therefor ("Notes") to meet casual cash flow deficits of the County; and WHEREAS, the County has heretofore held a public hearing on the issuance of the Notes in accordance with the requirements of Section 15.1-171.1 of the Code of Virginia of 1950, as amended, and the County desires to specify the form and details of the Notes and to award the Notes to the bidder whose proposal results in the lowest interest cost to the County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia: 1. The Board of the County hereby determines that it is advisable to contract a debt and to issue and sell the Notes in a aggregate principal amount of $9,000,000. The issuance and sale of the Notes are hereby authorized. The proceeds from the issuance and sale of the Notes shall be used to meet casual cash flow deficits of the County. 2. The Notes shall be issued in fully registered form, without coupons, in substantially the form attached hereto as Exhibit A. The Notes shall be dated as of the date of their issuance and delivery, shall be issued in denominations of not less than $100,000 each or whole multiples of $5,000 in excess of $100,000, shall be numbered N-1 and upward, sequentially, shall bear interest at a rate such that the true interest cost of the Notes does not exceed 9.00% per annum, such rate to be established by the County Administrator, payable at maturity, and shall mature on June 15, 1990. The County Administrator shall accept the bid for the purchase of the Notes which results in the lowest interest cost to the County in accordance with the County's notice of sale or request for proposals, provided that such interest cost shall not exceed the maximum set forth above. The Notes shall not be subject to payment or redemption before maturity. 3. The County Administrator and Treasurer of the County are hereby authorized and directed to execute the Notes, and the County Administrator is hereby authorized to affix or imprint the seal of the County on the Notes. The form of execution, imprinting of the seal and attestation may be by facsimile; provided, however, if the signatures of the County Administrator and Treasurer are both by facsimile, the Notes shall not be valid until authenticated by the manual signature of the Paying Agent. In case any officer whose signature or a facsimile of whose signature shall appear on any Note shall cease to be such officer before the delivery of the Notes, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. Any Note may bear the facsimile signature of or may be signed by such persons as at the actual time of its execution are the proper officers to sign such Note although at the date of delivery of such Note such persons may not have been such officers. Upon receipt of payment therefor, the Treasurer of the County or such agent as may be designated, shall issue and deliver the Notes to the purchaser or purchasers thereof. The officers and agents of the County are further authorized and directed to do all acts required by the Notes and by this Resolution for the full, punctual and complete performance of all things necessary for this borrowing. 4. Crestar Bank, Richmond, Virginia is appointed as Paying Agent and Registrar for the Notes. The principal of and interest on the Notes shall be payable in lawful money of the United States upon surrender of the Notes on the maturity date at the principal corporate trust office of the Paying Agent in Richmond, Virginia. -2- 5. Upon surrender for transfer or exchange of any Note at the principal office of the Note Registrar, the County shall execute and deliver and the Note Registrar shall authenticate in the name of the transferee or transferees a new Note or Notes of any authorized denomination in an aggregate principal amount equal to the Note surrendered and of the same form and maturity and bearing interest at the same rate as the Note surrendered, subject in each case to such reasonable regulations as the County and the Note Registrar may prescribe. All Notes presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the County and the Note Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Note may be registered to bearer. New Notes delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Notes surrendered, shall be secured by this Resolution and entitled to all of the security and benefits hereof to the same extent as the Notes surrendered. 6. No charge shall be made for any exchange or transfer of Notes, but the County may require by the holder of any Note of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Note. 7. The Board agrees on behalf of the County that the proceeds from the issuance and sale of the Notes will be invested and expended as set forth in the Non -Arbitrage Certificate and Tax Covenants of the County to be delivered at the time of the issuance and delivery of the Notes and that the County will comply with such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code") including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds," and with the other covenants and representations contained therein. Further, -3- the County shall comply with the reporting requirements of Section 149(e) of the Code. 8. The officers and agents of the County are hereby authorized and directed to prepare, execute and deliver an appropriate official statement, notice of sale, request for proposals or such other disclosure documents as may be necessary to expedite the sale of the Notes. The official statement, notice of sale or other disclosure documents shall be published in such publications and distributed in such manner and at such times as the appropriate officers or agents of the County shall determine. 9. The officers and agents of the County are authorized and directed to take such further action as may be necessary or convenient in connection with the issuance, sale and delivery of the Notes and all actions previously taken by such officers and agents in connection therewith are ratified and confirmed. 10. The appropriate officers and agents of the County are authorized and directed to immediately cause a certified copy of this Resolution, setting forth the form and details of the Notes, to be filed with the Circuit Court of the County pursuant to Sections 15.1-199 and 15.1-212 of the Code of Virginia of 1950, as amended. 11. This Resolution shall take effect immediately. On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None A COPY TESTE: c� Mary H. ATlefi, Clerk cc: File Roanoke County Board of Supervisors Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Don Myers, Assistant County Administrator Alfred C. Anderson, Treasurer Paul Mahoney, County Attorney -4- U 1 ACTION NO. A-12390-12 ITEM NO. / �U / - ! 1 0.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 1990 AGENDA ITEM: Appeal of the Decision of the Zoning Administrator; Interpretation of Proffered Conditions pertaining to signage; Hop -In development located at the northeast corner of Peter's Creek and Woodhaven Dr.; Hollins Magisterial District. COUNTY ADMINISTRATOR'S COMMENTS.- BACKGROUND: OMMENTS:BACKGROUND: 1 On July 12, 1988 the Board of Supervisors approved a R-1 to B-2 conditional rezoning request at the northeast corner of Peter's Creek Rd. and Woodhaven Dr. The rezoning request was submitted on behalf of Mr. Frank Radford who wished to develop the site as a convenience store\office building complex. In approving the request, the Board accepted a number of voluntary proffers offered by Mr. Radford. Some of these proffers pertained to the type and size of signage that could be located on the property. These proffers are as follows: 1. The sign will be in accordance with the rendering presented to the Planning Commission and the Board of Supervisors. 2. There will be no green on the signage. 3. There will be no bunnies on the signage. 4. Signage for the Hop -In Store and the donut shop will not exceed a total of sixty (60) square feet. If signage is located on a pole, the pole will not exceed twenty (20) feet in height. 5. The signage for the office building will be monument - type signage not to exceed twenty-four (24) square feet. 6. There will be no free standing advertising signs on the premises. 2 The property was developed in 1989, and in October, Mr. Radford applied for sign permits for the convenience store portion of the site. The Zoning Administrator reviewed the proffered conditions accepted in July of 1988, and informed Mr. Radford that his signage plan for the property did not conform to the proffer that limited total signage for the Hop -In Store and donut shop to a total of sixty (60) square feet (Proffer * 4; above). Mr. Radford asserted that the proffer was only intended to apply to the freestanding sign on the property, and was not intended to limit the total convenience store signage to sixty (60) feet. The Zoning Administrator issued a formal opinion to Mr. Radford on October 30, 1989, and advised him of his options should he wish to display signage on the property in excess of the proffered limits. Mr. Radford chose to appeal the Zoning Ad- ministrators interpretation of the proffer pursuant to Section 15.1-491.5 of the State code. ANALYSIS OF INFORMATION: Prior to issuing my October 30, 1989 decision to Mr. Radford, I reviewed the following sources of information: 1. The Statement of Proffered Conditions submitted to the County on behalf of Mr. Radford. 2. The July 12, 1989 Final Order of the Board. 3. The minutes and transcript of the April 5, 1988 Planning Commission meeting at which Mr. Radford's agent presented the proffers to the Commission. 4. A minutes of the July 12th, 1988 Board Meeting. 5. Audio tapes of the April 5, and July 12 meetings referenced above. None of these sources of information contradicted the language of the Board's Final Order which limited the signage to a total of sixty (60) square feet. On the basis of my review of these sources of information, I advised Mr. Radford of my decision and informed him of his options. In this application for an appeal of my decision, Mr. Radford indicates that he wishes to display signage on the property that will "not exceed limits of the sign ordinance." Based upon the approximately six hundred and fifty (650) feet of frontage of this property on Woodhaven Dr. and Peter's Creek Rd., the existing sign ordinance would permit nineteen hundred and fifty (1950) square feet of sign area on the property. The proposed sign ordinance, 190-11a--/ 3 to be discussed by the Board in February, would allow a total of approximately six -hundred and twenty-five (625) square feet of signage on the property, with a 200 square foot maximum per business. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board uphold the Zoning Administrator's interpretation of the proffer, as stated in his October 30, 1989 opinion letter. Respectfully submitted, Terrance L. Harri ton Zoning Administrator Director of Planning and Zoning Action Vote No Yes Abs Approved (x) Motion by Harry C. NinkenG Eddy x Denied ( ) motion to uphold zoning Johnson x Received ( ) administrator jnter_nretatian McGraw x Referred Nickens x to Robers x cc: File Terry Harrington, Director, Planning and Zoning Arnold Covey, Director, Development & Inspections John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney 1 ACTION NO. A-12390-13 I TEM NO. /'?0- // � AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 1990 AGENDA ITEM: Appeal of the Decision of the Zoning Administrator; Interpretation of Proffered Conditions pertaining to signage; Hop -In development located at the northeast corner of Glen Heather Dr. and Route 419 in the Windsor Hills Magisterial District COUNTY ADMINISTRATOR"S COMMENTS: BACKGROUND: On December 13, 1988 the Board of Supervisors approved a R-3 to B-2 conditional rezoning request at the northeast corner of Glen Heather Dr. and Route 419. The rezoning request was submitted on behalf of Mr. Frank Radford who wished to develop the site as a convenience store. In approving the request, the Board accepted a number of voluntary proffers offered by Mr. Radford. One of these proffers pertained to the type and size of signage that could be located on the property. This proffer is as follows: 1. The signage not to exceed 30 square feet nor shall there be any green bunnies on the signage. No billboards, portable, or temporary signs will be permitted. The property was developed in 1989, and in October, Mr. Radford inquired about sign permits for the convenience store. The Zoning Administrator reviewed the proffered conditions accepted in December of 1988, and informed Mr. Radford that his intended signage plan for the property did not conform to the proffer that limited total signage for the convenience store to a total of thirty (30) square feet. Mr. Radford asserted that the proffer was only intended to apply to the freestanding sign on the property, and was not intended to limit the total convenience store signage to thirty (30) feet. The Zoning Administrator issued a formal opinion to Mr. Radford on December 20, 1989, and advised him of his options should he wish to display signage on the property in excess of the proffered limits. Mr. Radford chose to appeal the Zoning 2 Administrators interpretation of the proffer pursuant to Section 15.1-491.5 of the State code. ANALYSIS OF INFORMATION: Prior to issuing my December 20, 1989 decision to Mr. Radford, I reviewed the following sources of information: 1. The Statement of Proffered Conditions submitted to the County on behalf of Mr. Radford. 2. The December 13, 1988 Final Order of the Board. 3. The minutes and transcript of the December 6, 1988 Planning Commission meeting at which Mr. Radford's agent presented the proffers to the Commission. 4. The minutes of the December 13, 1988 Board Meeting. 5. Audio tapes of the December 6, and December 13, meetings referenced above. None of these sources of information contradicted the language of the Board's Final Order which limited the signage to a total of thirty (30) square feet. On the basis of my review of these sources of information, I advised Mr. Radford of my decision and informed him of his options. In this application for an appeal of my decision, Mr. Radford indicates that he wishes to display signage on the property that will "not exceed limits of the sign ordinance." Based upon the approximately three hundred and sixty-five (365) feet of frontage of this property on Glen Heather Dr. and Route 419, the existing sign ordinance would allow the convenience store one thousand ninety-five (1095) square feet of sign area. The proposed sign ordinance, to be discussed by the Board in February, would allow a total of approximately three hundred and ten (310) square feet of sign area on the convenience store property, with a 200 square foot maximum per business. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board uphold the Zoning Administrator's interpretation of the proffer as stated in his December 20, 1989 opinion letter . cc: 3 Respectfully submitted, I - —Z /Z - /�' TerranceX. Harrington Zoning dminis rator Director of Planning and Zoning Action Approved (x) Motion by Lee B. Eddy motion tUddy Denied ( )uphold zoning administrator Johnson Received ( )interpretation McGraw Referred Nickens to Robers File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Development & Inspections John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney Vote No Yes Abs x