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HomeMy WebLinkAbout4/24/1990 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 24, 1990 RESOLUTION 42490-1 OF CONGRATULATIONS TO GREEN VALLEY ELEMENTARY SCHOOL UPON THEIR TWENTY-FIFTH ANNIVERSARY WHEREAS, Green Valley Elementary School was dedicated on April 25, 1965; and WHEREAS, during the past twenty-five years, Green Valley Elementary School has been an outstanding example of public education in Roanoke County; and WHEREAS, Green Valley Elementary School has received numerous honors and awards, including the following: President's Council on Physical Fitness and Sports Demonstration Center Freedom's Foundation Award Roanoke County PTA 1989-90 Membership Award United States Department of Education School for Excellence Finalist Roanoke County Council PTA Outstanding Elementary Unit Commonwealth of Virginia Outstanding Elementary School 1987-88 WHEREAS, this recognition is due to the hard work and commitment to excellence of the students, teachers, and staff of Green Valley Elementary. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby, on behalf of its members and all the citizens of the County, extend its congratulations to the students, teachers, and staff of Green Valley Elementary School on the occasion of the twenty-fifth anniversary of its dedication. On motion of Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None A COPY TESTE: -/X -CLA-4 f" '4V1- Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Resolutions of Congratulations File Dr. Bayes Wilson, Superintendent, Roanoke County Schools AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 24, 1990 RESOLUTION 42490-2 OF CONGRATULATIONS TO ELEANOR KNOTT FOR HER THIRTY YEARS OF SERVICE TO THE SCHOOL CHILDREN OF ROANOKE COUNTY WHEREAS, Eleanor Knott has taught in the Roanoke County Public Schools since 1960, when she began her career at William Byrd Junior High School; and WHEREAS, Mrs. Knott began teaching at Green Valley Elementary School when it opened in September, 1964; and WHEREAS, since that time, Mrs. Knott has helped to make Green Valley an outstanding part of the Roanoke County School System; and WHEREAS, the Faculty and Staff of Green Valley Elementary School have declared April 25th as Eleanor Knott Day at Green Valley Elementary. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby, on behalf of its members and all the citizens of the County, extend its grateful appreciation and congratulations to ELEANOR KNOTT for her thirty years of service to the school children of Roanoke County. 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 Resolutions of Congratulations File Dr. Bayes Wilson, Superintendent, Roanoke County Schools ACTION # A-42490-3 ITEM NUMBER -D—/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 24, 1990 SUBJECT: Request from Mount Pleasant First Aid Crew for approval of matching funds grant to purchase a squad truck COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND INFORMATION: In 1987 a grant program was initiated by Roanoke County to assist county fire and rescue volunteer departments in the purchase of major pieces of equipment. All volunteer units have been encouraged to use this approach for major purchases. The Fire and Rescue Department Personnel and Equipment Committee reviews grant requests using guidelines that look at both the financial and service level standpoint. The decision for Roanoke County's participating is contingent upon a favorable recommendation by this committee. SUMMARY OF INFORMATION: Several months ago Captain Judy Mabry of the Mt. Pleasant First Aid Crew submitted a grant request. Captain Mabry proposed that Roanoke County provide her unit with a 50/50 grant that would be used to purchase a $55,000 rescue truck. The organization has raised their part of the funding through community solicitations. A rescue truck is a specialized piece of equipment carrying many different types of rescue equipment. It is designed to handle rope rescue, confined space rescue, collapses, and entrapments. The Personnel and Equipment Committee has reviewed this request and views this as a good project for the county. �-I FISCAL IMPACT: Funding is not available in the current Fire and Rescue budget. Funding would be provided from capital reserve. STAFF RECOMMENDATION: Staff recommends that Roanoke County participate in this project and provide funding up to one-half of the total cost not to exceed $30,000. Respectfully submitted, Approved by, Thomas C. Fuqua Elmer C. Hodge Chief of Fire & Rescue Department County Administrator - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Yes Abs Denied ( ) to approve staff recommendation Eddy x Received ( ) Johnson -5r- Referred Referred McGraw To Nickens- Robers x cc: File T. C. Fuqua, Chief, Fire & Rescue Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget MT. PLEASANT FIRST AID CREW �- r INCORPORATED 2909 JAE VALLEY ROAD ROANOKE, VIRGINIA 24014 BUSINESS 981-0979 EMERGENCY 911 April 1, 1990 Mr. Elmer Hodge Roanoke County Administrator Roanoke, Virginia Mr. Hodge, As you know we have spoken with you several months ago concerning the County assisting with the purchase of a new Squad truck. We have presented our specifications and cost to Chief Fuqua. At this time we are in need of your support of 50-50. This means that we have $30,000, and are in need of your match. The latest estimation on our purchase is $65,000. Please give this matter your strongest consideration, as you know our need to upgrade and replace this unit is vital to the welfare of our community. Thank You, Judy Mabry, Captain cc/ Chief Fuqua Dr. Harry NIckens We're There Because We Care fat _�qs 9 CM All Volunteer Organization ACTION NO. A-42490-4 ITEM NUMBER -ice - a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 24, 1990 AGENDA ITEM: Request for Authorization to enter into a Contract with the SPCA to provide Animal Shelter Services to the County / COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: For the past several years, the Roanoke Valley SPCA has provided animal shelter facilities and services to the County of Roanoke and City of Roanoke, so that these entities would not be required to provide their own animal pound. The County's current contract requires a payment to the SPCA of $1,260 per month, plus one third of the dumpster cost to cover the cost of operations. For this payment, the SPCA houses all animals turned in by County officials, attempts to provide adoption for animals abandoned and provides for the proper disposal of all destroyed animals. The proposed contract provides for a fee of $5 per animal, per day, to impound and care for animals delivered to it by Roanoke County officials. Based upon the number of animals impounded during 1989, this would cause an increase in our annual contract of $4,830 (based on 570 animals). The proposed increase covers increased operating costs of the facility. Animals confiscated and turned in by the Town of Vinton would be accounted for separately and charged to the Town of Vinton, since they have their own animal control operations and collect their own revenues from the sale of dog tags. The proposed effective date for the new contract would be April 1, 1990, the beginning of the fiscal year for the SPCA. This date also coincides with the notice provision of the former contract, which required a 60 day notification. Staff has met and discussed this matter with the City of Roanoke and their contract is identical to that of the County. Several years ago, the SPCA acquired a tract of land in Roanoke County with the intent to build a new facility. Preliminary sketches were prepared, but the construction phase was never started. The SPCA has since sold that tract and is working with the Valley localities to obtain a more suitable site. Most of the proceeds were required to pay off the mortgage on the old site and the balance is set aside for use in acquiring a new site and the construction of the facility. The SPCA is currently having plans for a new facility drawn and the City and County staff will have an opportunity to review the documents to make sure that the needs of our community are being met. Later this year, the SPCA will begin its own fund raising efforts for the capital facility, wherein they plan to raise construction monies from the private sector. The local governments who participate in the use of the facilities will be given an operating contract such as the document referenced above. At this time, it appears that the City of Roanoke, Town of Vinton, Roanoke County and Botetourt County will be the local governments participating at the new facility. ALTERNATIVES AND IMPACT: Alternative 1: Authorize the County Administrator to execute the above referenced operating contract on a form and conditions approved by the County Attorney. The effective date of this contract would be April 1, 1990. No new appropriation would be required for the balance of the current fiscal year, and monies are included in the 1990-91 fiscal year budget to cover the cost of this contract revision. Alternative 2: Discontinue the use of the SPCA as the operators of the impoundment facility for the County and consider building our own facility or contracting with another operator. The County does not have a facility at the present time and the City of Salem facility cannot accommodate the additional volume of animals at this time. The scope of our current operating contract is one of "Joint Purchasing 11 with the City of Roanoke to allow one facility to handle the needs of the community. RECOMMENDATION: Staff recommends that the County of Roanoke award this contract as a "Sole Source" purchase under the provisions of section 17-40 of the Roanoke County Code and that the County Administrator be authorized to execute the above referenced contract on a form and conditions approved by the County Attorney. The effective date of this contract would be April 1, 1990. No new appropriation of monies is required for the current fiscal year and monies are included in the 1990-91 fiscal year budget to cover the cost of this contract revision. Respectfully submitted, Appro d by, John M. Chambl ssf , Jr. Elmer C. Hodge Assistant Administrator County Administrator ---------------------------------------------------------------- Approved (X ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Harry C. Nickens to approve staff recommendation VOTE No Yes Abs Eddy X Johnson X McGraw X Nickens X Robers X cc: File John Chambliss, Assistant County Administrator Paul Mahoney, County Attorney Ken Hogan, Animal Control Diane Hyatt, Director, Finance Reta Busher, Director, Budget ACTION I A-42490-5 ITEM NUMBER -�:) - 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 24, 1990 AGENDA ITEM: Acceptance of Federal Special Education Preschool Grant Funds COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County School Board has received a grant of $25,029 from the federal government. The funds would be used for materials, equipment, and summer school instruction for the preschool program. Dr. Eddie Kolb, Director of Pupil Personnel Services for the Roanoke County School System, will be present to answer any questions related to this program. The amount of $3,554 was originally budgeted in the Federal Programs Fund in anticipation of this grant, however, $25,029 was actually awarded, therefore, the County will only need to appropriate the remaining balance of $21,475. FISCAL IMPACT: If this grant is accepted, the County will record an additional $21,475 in revenues from the federal government and a related expenditure of the same amount in the School Federal Programs Fund. There is no matching requirement from the County. STAFF RECOMMENDATION: Staff recommends accepting the federal grant for the special education preschool program. & t �': 4 . 6 -X, - �- �' Reta R. Busher Director of Management and Budget Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved ( x) Motion by: Harry C. Nickens Denied ( ) to approve staff recommendatiorEddy x Received ( ) Johnson x Referred ( ) McGraw x To Nickens x Robers x cc: Fi e Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance Dr. Bayes Wilson, Superintendent, Roanoke County Schools Dr. Eddie Kolb, Director, Pupil Personnel Services --D-3 FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA MEETING IN REGULAR SESSION AT 7 P.M. ON APRIL 12, 1990 IN THE BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, SALEM, VIRGINIA. RESOLUTION REQUESTING AN APPROPRIATION TO THE FEDERAL PROGRAMS FUND FOR THE SCHOOL YEAR 1989-90 PRESCHOOL ALLOCATIONS WHEREAS, notification was received on March 22, 1990 regarding the award of federal special education preschool allocation funds for the period July 1, 1989 through September 30, 1990, and WHEREAS, Roanoke County Schools' allocation is $25,029 of which $3,554 was budgeted for the 1989-90 school year; NOW, THEREFORE, BE IT RESOLVED by the County School Board of Roanoke County, on motion of Charlsie S. Pafford and duly seconded, that an appropriation of $21,475 is being requested to the Federal Programs Fund for materials, equipment, and summer school instruction for the preschool program. Adopted on the following recorded vote: AYES: Paul G. Black, Maurice L. Mitchell, Charlsie S. Pafford, Barbara B. Chewning, Frank E. Thomas NAYS: None TESTE: Clerk c: Mrs. Diane Hyatt ACTION NO. A-42490-6 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 24, 1990 AGENDA ITEM: Request from Roanoke Area Soap Box Derby, Inc. to construct a Soap Box Derby Track at Walrond Park COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: At the April 10 meeting of the Board of Supervisors, a proposal to allow the Roanoke Area Soap Box Derby, Inc. to construct a Soap Box Derby Track at Walrond Park was delayed for two weeks. Some concern had been expressed about the amount of parking available, the coordination of the park use, (particularly if youth baseball and the Soap Box Derby activities were to occur at the same time), and whether or not other sites had been considered. As with any other facility, schedules must be coordinated to minimize conflict and staff does not deem this to be an insurmountable problem. Approximately eight acres of land was purchased with 1985 Bond monies for expanded parking and the future development of ball fields at Walrond Park. This space can be used for overflow parking and allow multiple use of the park facility. The Soap Box Derby group has visited and considered other sites in the County including Green Hill Park, but the amount of excavation and modification of the existing topography to meet the needs of the track were felt to be more extensive and less cost effective. Also, at Green Hill Park, the most suitable area would be adjacent to the Equestrian Center and would conflict with the nature of the operations planned for that site. The proposed site at Walrond Park is on an unused grassy area of the park near the administration building which is not scheduled for any special use on our long range plans. Steve Carpenter, Director of Parks & Recreation for the County, has been working closely with Wes Crow, representing the Roanoke Area Soap Box Derby Inc., to find a suitable location for the construction of a new soap box derby track in the Roanoke Valley area. The soap box derby is currently utilizing the old Starkey drag strip, located off of Buck Mountain Road, southwest Roanoke County, however this track is rough and in need of repair due to the effects of extreme weather and age. Due to the D-4 condition of the track, it may soon be necessary to resort to the use of a public street, however this is not the safest nor most desirable condition for this type of event. The proposed track would be 1,000 ft. long (including a 200 ft. run out area) and would consist of two racing lanes and also a return road for vehicular traffic to transport the racers back to the starting area. The attached map shows the concept plan for utilizing the Walrond Park facility. If granted the use of the Walrond Park land, the Roanoke Soap Box Derby Board would proceed to obtain private donations of money and services necessary to plan, design and build the track. When not being used for derby activities, the facility could be used for remote control airplanes, uphill foot and bicycle races etc., which would be an additional opportunity for this County owned public park facility. Soap Box Derby activities are open to boys and girls, ages 9 through 16, and include a dual control division designed for a handicapped driver with a co-driver. This summer's events will be a part of the Virginia State Games, and competition will also lead to championship races to be held in Akron, Ohio. Based on current participation and anticipated interest in an expanded facility, this type of operation could make a significant impact on our tourist and visitor trade. Six rallies are being planned with an anticipated participation of 35 contestants each. The R. G. Canning event should draw 200 contestants and their families from throughout the region. The R. G. Canning event will be a six day event and many people from outside the immediate area will be needing overnight accommodations, meals, etc. contributing up to $100,000 to our local economy. It is felt that a permanent home facility would allow the Soap Box Derby to continue to grow and become another example of our community's interest in our young people. ALTERNATIVES AND IMPACT: Alternative 1: Authorize the Roanoke Area Soapbox Derby, Inc. to use the designated area at Walrond Park and proceed with the collection of private monies and services for the planning, design, and construction of the track facility. The facility would be owned by the County of Roanoke and the Soapbox Derby group would assist in the operation of the facility for competitions. No County monies are being requested for this venture. If approved, we would ask the County Attorney's office to prepare the appropriate documents to protect the County's interest and would outline the engineering and other approval processes necessary to allow construction. Alternative 2: Do not allow the use of the Walrond Park facility, but allow the County staff to continue to work with the Soapbox Derby group to find another suitable site within the community. RECOMMENDATION: Staff recommends that the Board of Supervisors approve Alternative 1, which authorizes the use of this portion of Walrond Park and that the appropriate legal documents be drafted by the County Attorney to protect the County's interest. Steve Carpenter and I will be present at the Board meeting to answer questions that you may have concerning this matter. Respectfully submitted, Appro d by/ he2"Z 'Cohn M. Chambl ss, Jr. Elmer C. Hodge Assistant Administrator County Administrator ---------------------------------------------------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Attachment ACTION Motion by: Bob L. Johnson to approve staff recommendation VOTE No Yes Abs Eddy x Johnson —3r McGraw Nickens Robers cc: File John Chambliss, Assistant County Administrator Steve Carpenter, Director, Parks & Recreation Paul Mahoney, County Attorney Sc•lr f•!0' Ow Se" RD .s �_ P�2K S� cnns Za L S -- • 1 avtlw b•rdw•li � 014 ► ;.. ; '�.' / Aq lb :ft doo ' 1 %76% ` _= ==I ,.P _ \ ` `` \ ` �� - i ?�: \ ' � \ � � � � �.. ,� � \ - �po0�= try • - � � .� ' _ � Qft ��'��• r' ` • � � � � rte.. • � 1 •i. ' ACTION # A-42490-7 ITEM NUMBER -S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 24, 1990 AGENDA ITEM: Request from Strauss Construction for 100% reimbursement of the cost of off-site water facilities constructed for the Proposed Cotton Hills Subdivision COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Strauss Construction Corporation has submitted a preliminary plan to develop a 120 lot single family subdivision along Cotton Hill between Back Creek and the Blue Ridge Parkway. Strauss Construction originally proposed to establish a new water system under the provisions of the County Ordinance and construct a wastewater treatment plant in order to provide water and sanitary sewer service to this development. During preliminary discussions between the developer and County staff, it was recommended by staff that the developer extend existing water facilities instead of establishing a new dis- connected system; and to use a sewage pump station with discharge into the existing gravity sewer instead of using a wastewater treatment plant or on -lot septic systems. The cost of extending the existing water system and using a sewer pump station would result in lower construction and operating costs than the original proposal. SUMMARY OF INFORMATION: Strauss Construction is continuing the plan approval process for the Cotton Hill Subdivision which includes extension of the existing County water system and the use of a sewage pump station as recommended by County staff. SUMMARY OF INFORMATION (continued): -1)-5 Public water would be supplied to the Cotton Hill Subdivision by extending the water main from South Roselawn/Bridlewood area to the proposed subdivision as shown on the attached map. The cost of this construction will exceed the amount the Utility Director is authorized to credit against the developers water off-site facility fees. Strauss Construction has requested that the Board of Supervisors authorize the credit of the second half of the water off-site facility fee as provided for in the water ordinance so they can recover all of the eligible cost of the off-site water extension required. ALTERNATIVES AND IMPACTS: Alternative 1. The Board of Supervisors authorize the credit of the second half of the water off-site facility fee due for the Cotton Hill Subdivision, so developer's cost of off-site facility construction can be recovered. IMPACT OF ALTERNATIVE 1: The developer's cost to provide public water to this site will not exceed $1,036 per lot. The County will not expend current funds since this would be a credit of future fees due. The County would gain the approximate 2,200 feet of 12" water line along South Roselawn Road and Ran Lynn Road. This water line would be between the existing County water systems of Brookwood and Scenic Hills. Alternative 2. The Board of Supervisors would not authorize the credit of the second half of the off-site facility fee due from the Cotton Hill Subdivision. IMPACT OF ALTERNATIVE 2: The developer's cost to provide public water to this site would exceed $1,036 per lot. The County would receive an additional $25,000 to $40,000 in off-site facility fees from this development. If this alternative was not acceptable to the developer, they could elect to construct a new water system to serve their development. The water ordinance provides that the County would pay for the storage facility as well as credit the fees against the cost of wells constructed as a supply. If the developer chose this option, the cost to the County would be the credit of all fees plus an estimated $50,000 additional to cover the above costs. K -J),s STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the Utility Director to use the second half of the water off-site facility fee for Cotton Hill Subdivision as a credit for off-site water facilities constructed as provided for by the County Water Ordinance. SUBMITTED BY: APPROVED: n Clifford g,'P.9—. Elmer C. Hodge Utility Director County Administrator Approved (X ) Denied ( ) Received ( ) Referred to X000 Motion by: Richa VOTE No to approve staff recommendatY Johnson McGraw Nickens Robers cc: File Cliff Craig, Director, Utilities Phillip Henry, Director, Engineering John Hubbard, Assistant County Administrator Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance 3 Yes Abs x x x x x �rwwrx. lR t E s 490 w• �v vE .� � i to � ' • �S � { � Nt ip�7 ,3g• rtar I �r01300 _VICINITY MAP a/,: 1-5 IQ NORTH ' •o yfrltl •� �! � p • � � .r• -ser lO •? _! ,..,• i. • , — � � ` � „_ i BRIDLEWOOD '4 WATER SYSTEM air .fr �.• uir f - •' \ • -. / / 3 .r .r y• M M. O Asir y�r wsr ~ ,`iia'• /// — SCENIC HILLS �•4 -' WATER SYSTEM wrr -• . f' Sia ; BROOKWOOD WATER SYSTEM - — 1 -_- � am •, b � w e 1 r rnr _ 4 • ro ..err • / / ^ PROPOSED WATER LINE air \ _•W y t -_ •rrb lMeIIC� \\\ r' COMMUNITY SERVICES WATER SYSTEM FOR THE PROPOSED COTTON HILLS SUBDIVISION AND DEVELOPMENT 4 ORAUSS CONSTRUCTION April 4, 1990 Mr. Clifford Craig, P.E. Utility Director County of Roanoke 1206 Kessler Mill Road Salem, VA 24153 RE: Cotton Hill Road - Sewer and Water Dear Cliff: i,? �A r, J� APR 1990 RECEIVED r ROANOKE COUNTY �G UTILITY DEPT. -:D-5 Strauss Construction Corporation is undertaking a feasibility study of the acreage on Cotton Hill Road between Back Creek and the Blue Ridge Parkway. You have a preliminary plan on file with our rough layout. At this time, per our conversations, we are making formal requests for credit on water fees and reimbursements for sewer. The request for water fee credits is to credit 1000/0 of fees in lieu of 50% per policy. The request for sewer fee reimbursement is to reimburse 100% of fees by Strauss Construction Corporation and to credit 75% of all other connections to this line by others. This reimbursement agreement would run for a period of ten (10) years. If this agrees with our discussion, please take appropriate steps to implement the above request. It is my understanding this will go before the Board on April 24th. Very truly yours, Steven S. Strauss, President SSS/sch POST OFFICE BOX 20287 5100 BERNARD DRIVE SW ROANOKE VIRGINIA 24018 703/989-7060 BUILDERS/ DEVELOPERS S ACTION # A-42490-8 ITEM NUMBER -D-to AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 24, 1990 AGENDA ITEM: Request from Strauss Construction for 100% reimbursement of the cost of off-site sewer facilities constructed for the Proposed Cotton Hills Subdivision COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Strauss Construction Corporation has submitted preliminary plan to develop a 120 lot single family subdivision along Cotton Hill between Back Creek and the Blue Ridge Parkway. Strauss Construction originally proposed to establish a new water system under the provisions of the County Ordinance and construct a wastewater treatment plant in order to provide water and sanitary sewer service to this development. During preliminary discussions between the developer and County staff, it was recommended by staff that the developer extend existing water facilities instead of establishing a new dis- connected system; and to use a sewage pump station with discharge into the existing gravity sewer instead of using a wastewater treatment plant or on -lot septic systems. The cost of extending the existing water system and using a sewer pump station would result in lower construction and operating costs than the original proposal. SUMMARY OF INFORMATION: Strauss Construction is continuing the plan approval process for the Cotton Hill Subdivision which includes extension of the existing County water system and the use of a sewage pump station as recommended by County staff. SUMMARY OF INFORMATION (continued): D Sanitary Sewer Service will be provided by constructing a sewer pump station and force main with discharge into the existing County sewer system at Crystal Creek Drive. This pump station would be abandoned in the future when a gravity sewer is constructed from the Starkey Pump Station, along Back Creek to serve the Rt. 221 South area. Strauss Construction has requested that the Board of Supervisors authorize the reimbursement of 100% of the sanitary sewer fees for the Cotton Hill Subdivision and 75% of the future sewer connection fees of others using these facilities. The reimbursement is requested for a period of 10 years or until full reimbursement for the off-site sewer has been received. ALTERNATIVES AND IMPACTS: Alternative 1. The Board of Supervisors would authorize the credit of 100% of the sanitary sewer fees, estimated to be $60,000, and share the remaining cost of the off-site sewer facilities with the developer on an equal basis. No future reimbursement of other fees would be made. The total off-site sewer cost is estimated to be $110,000. IMPACT OF ALTERNATIVE 1. This alternative would cost the County up to $25,000 in payments to the developer. This alternative would not require the administration of a reimbursement agreement over the next 10 years and would not prohibit the credit or reimbursement of fees to future developers that may use these facilities. This alternative will promote growth in the area. Alternative 2. The Board of Supervisors would authorize the credit of 100% of the off-site sewer fees for the Cotton Hill Subdivision and reimbursement to the developer of 75% of the off- site sewer fees paid by others that use these facilities. IMPACT OF ALTERNATIVE 2. The developer will have $50,000 of excess cost to provide public sewer to this site which he may recover in future reimbursement. The County would not expend funds at this time but would administer the reimbursement agreement for a period of 10 years. Reimbursement of future fees of others served by this system prohibits the use of those fees to credit or reimburse others when they provide off-site sewer facilities. This alternative will promote growth in the area. Alternative 3. The Board of Supervisors would authorize the credit of 100% or less of the off-site sewer fees for the Cotton Hill Subdivision and not authorize any further reimbursement to the developer for these facilities. 2 -D _G IMPACT OF ALTERNATIVE 3. The developer will have from $50,000 to $110,000 of excess cost to provide public sewer to the site. There would not be any expenditure of County funds for this project. This alterative may encourage the developer to use on -lot septic systems to serve the site with a lower density of lots. This lower density of lots would likely make extension of public water to the site not feasible and result in individual on -lot wells as used in adjacent development. The use of on -lot septic and on -lot wells for past development has placed a high financial burden on property owners and the County when those facilities fail and public facilities are required. STAFF RECOMMENDATION: Staff recommends alternative one in order to promote quality development that provides public sanitary sewer service at a reasonable cost. SUBMITTED BY: co Cliffor r ig, P.E. Utility Director .'t-/� /'� Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Denied ( ) to approve staff recommendatiKddy Received ( ) Johnson _ Referred McGraw _ to Nickens _ Robers cc: File Cliff Craig, Director, Utilities Phillip Henry, Director, Engineering John Hubbard, Assistant County Administrator Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance Yes Abs X X x X X ---�- -- L t.. EST ;\ Vs LF, ti \ S yy ! � A� � �j8• 1+ jj S• � Ob 11300 �s y • cotr300 ~VICINITY MAP _ {Q`, NORTH COMMUNITY SERVICES SANITARY SEWER SYSTEM FOR THE PROPOSED AND DEVELOPMENT COTTON HILLS SUBDIVISION 4 %'r&!'Rauss CONSTRUCTION April 4, 1990 Mr. Clifford Craig, P.E. Utility Director County of Roanoke 1206 Kessler Mill Road Salem, VA 24153 RE: Cotton Hill Road - Sewer and Water Dear Cliff: J �\ APR 1990 RECEIVED ROANOKE COUNTY UTILITY DEPT. 'D--�o Strauss Construction Corporation is undertaking a feasibility study of the acreage on Cotton Hill Road between Back Creek and the Blue Ridge Parkway. You have a preliminary plan on file with our rough layout. At this time, per our conversations, we are making formal requests for credit on water fees and reimbursements for sewer, The request for water fee credits is to credit 100°0 of fees in lieu of 50% per policy. The request for sewer fee reimbursement is to reimburse 100% of fees by Strauss Construction Corporation and to credit 7570 of all other connections to this line by others. This reimbursement agreement would run for a period of ten (10) years. If this agrees with our discussion, please take appropriate steps to implement the above request. It is my understanding this will go before the Board on April 24th. Very truly yours , Steven S. Strauss, President SSS/sch POST OFFICE BOX 20287 5100 BERNARD DRIVE SW ROANOKE VIRGINIA 24018 703/989-7060 BUILDERS/ DEVELOPERS 5 ACTION NO. A-42490-9 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 24, 1990 AGENDA ITEM: Request from the Town of Vinton to discontinue the use of the tennis court adjacent to the Vinton War Memorial and allow the Town to use it for additional parking for the War Memorial COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Town of Vinton has requested that the tennis court adjacent to the War Memorial facility be turned over to the Town of Vinton for the purpose of converting it into additional parking for the War Memorial. These tennis courts are seldom used and are in need of immediate major repair, which would cost approximately $30,000. It is felt that the tennis playing needs of the area can be adequately met through the tennis courts located at Gearhart and Stonebridge Parks. This facility is currently owned by the Town of Vinton and is operated and maintained by the County's Department of Parks & Recreation through a lease dated May 3, 1982. Section 7 of that lease agreement requires the County to notify the Town Manager of any intention to eliminate the lease or to cease the use of the buildings (facilities). We hereby request permission for the County Administrator to advise the Town Manager that the County is willing to discontinue use of the facility and thereby return it to the control of the Town for use as an additional parking facility. ALTERNATIVES AND IMPACT: Alternative #1: Authorize the County Administrator to inform the Vinton Town Manager that the County of Roanoke no longer chooses to operate said facility as a tennis court, thereby honoring the Town of Vinton's request to convert its use to additional parking for the Vinton War Memorial facility. Alternative #2: Retain the site as a tennis court with the understanding that major improvements will be required in the near future at a cost of approximately $30,000. -D-7 RECOMMENDATION: Staff recommends that the County Administrator be authorized to notify the Town Manager of the County of Roanoke's intent to cease operations at the tennis court adjacent to the Vinton War Memorial, effective May 1, 1990, thereby allowing the Town of Vinton to utilize and maintain said facility as additional parking for the Vinton War Memorial. Respectfully submitted, Approved by, 7 ,L ohn M. Chambli s, Jr. Elmer C. Hodge Assistant Administrator County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Harry C.Nickens to No Yes Abs Denied ( ) approve staff recommendation Eddy x Received ( ) Johnson x Referred ( ) McGraw x To ( ) Nickens x Robers — cc: Steve Carpenter, Director, Parks & Recreation Jim Jones, Assistant Director, Parks & Recreation File John Chambliss, Assistant County Administrator Paul Mahoney, County Attorney TO: John Chambliss, Jr., Assistant County Administrator of Human Services ___tkFROM: Stephen Car pen DATE: March 5, 1990 SUBJECT: Vinton Tennis Courts Please note the attached -letter from George W. Nester, Vinton Town Manager. I concur with Mr. Nester's request and observations. The existing tennis courts are seldom used and are in immediate need for ma -ion repair at a cost of approximately $30,000 - $35,000. The tennis playing needs of the area, it is felt, can be adquately met through the other courts located at both Gearhart and Stonebridge Parks. Recommendation• Approve Mr. Nester's request with the understanding that all associated arrangements and costs will be borne solely by the Town of Vinton. Please let me know what action you would like us to take from this point. * Thank you. Jim Jones Darrell Shell Attachment (1) GEORGE W. NESTER TOWN MANAGER TOWN OF VINTON P. O. BOX 338 VINTON, VIRGINIA 24179 Mr. James E. Jones County of Roanoke Assistant Director of Parks 1206 Kessler Mill Road Salem, VA 24153 Dear Jim: (703) 983-0607 FAX (703) 983.0621 February 26, 1990 -])--7 The Town of Vinton is interested in the use of the present tennis courts at the Vinton War Memorial for the purpose of converting them into additional parking at the War Memorial facility. The purpose of this letter is to de- termine if the County Department of Parks and Recreation has any plans that would conflict with the conversion of these tennis courts into public parking. From my periodic observation, it appears that the courts are used infrequently and that the loss of these tennis courts should pose limited problems to the overall County recreation,program. It also appears to be a continuing mainten- ance drain on the County to keep these courts up. If you are in agreement that this tennis court might be taken over for conver- sion to public parking for the War Memorial grounds, I would appreciate you advising. Should you have questions or need additional information, do not hesitate to contact me. We would anticipate beginning conversion of this parking area in July ofa this year. I appreciate your response to this question. George W. Nester Town Manager GWN/cr AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 24, 1990 RESOLUTION 42490-10 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 April 24, 1990 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 4, inclusive, as follows: 1. Approval of Minutes - October 24, 1989, November 15, 1989, November 28, 1989, December 19, 1989. 2. Approval of Minutes - March 27, 1990. 3. Approval of Raffle Permit - Clearbrook Rescue Auxiliary. 4. Acknowledgement from the Virginia Department of Transportation of the acceptance of .14 miles of Winesap Drive (Route 1084) into the Secondary System. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson with Item 1 removed for separate vote, and carried by the following voice vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None Item 1, on motion of Supervisor Nickens, and carried by 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 CC: File Phillip Henry, Director of Engineering ACTION NO. A -42490-10.b ITEM NUMBER 1-r / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 18, 1990 AGENDA ITEM: Acceptance of Winesap Drive into the Secondary System by the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received acknowledgement that the following road has been accepted into the Secondary System by the Virginia Department of Transportation effective April 12, 1990. 0.14 miles of Winesap Drive (Route 1084) SUBMITTED BY:�/ ,, / )� . Mary H. Allen Clerk to the Board AP PROV D BY: 7 -rye C-c� Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (y) Motion by: Rnh T._ Tnhnsnn No Yes Abs Denied ( ) Robers x Received ( ) Eddy x Referred ( ) Johnson x To ( ) McGraw x Nickens x cc: File Phillip Henry, Director, Engineering CGI'vI.Nv1ONIVEAL TI -1 of VIRCjINIA RAY D. PETHTEL COMM'SZIGNER Board of Supervisors County of Roanoke P. 0. Box 29800 Roanoke, VA 24018-0798 MEMBERS OF THE BOARD: APP _ I DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET Rk,HMOND 23219 OSCAR K. MABRY DEPUTY COMMISSIONER April 12, 1990 Secondary System Addition Roanoke County As requested in your resolution dated March 13, 1990, the following addition to the Secondary System of Roanoke County is hereby approved, effective April 12, 1990. THE ORCHARD - APPLEWOOD. SECTION 3 Route 1084 (Winesap Drive) - From Route 1089 to 0.14 mile Southwest Route 1089. Sincerely, Oscar K. Mabry Deputy Commissioner TR,=NSPORTyTION FOR i HE 21 ST CENTURY 0.14 Mi. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY APRIL 24, 1990 ORDINANCE 42490-11 ADOPTING A NEW SET OF ZONING REGULATIONS PERTAINING TO THE DISPLAY OF SIGNAGE WITHIN ROANOKE COUNTY, AND REPEALING OR AMENDING CERTAIN EXISTING ZONING REGULATIONS PERTAINING TO THE DISPLAY OF SIGNS. WHEREAS, the Roanoke County 1985 Comprehensive Development Plan recommended the update of the Roanoke County Zoning Ordinance, and, WHEREAS, the Roanoke County Planning Commission did appoint a Roanoke County Sign Subcommittee to prepare draft recommendations pertaining to the display of signage in Roanoke County; and, WHEREAS, the Commission did receive the recommendations of the Sign Subcommittee in July 1989, and did review and study these recommendations, making modifications where deemed by the Commission to be appropriate; and WHEREAS, on November 9, 1989 the Roanoke County Planning Commission did hold a public hearing in accord with Section 15.1- 431 of the Code of Virginia, as amended; and WHEREAS, the first reading of this ordinance was held on March 13, 1990; the second reading and public hearing was held on April 24, 1990; and WHEREAS, legal notice for the public hearing was provided as required by law; and WHEREAS, the Board of Supervisors finds that the adoption of these signage regulations is necessary and expedient in order to secure and promote the health, safety and general welfare of the inhabitants of the County, since signs directly affect the appearance, aesthetics and vitality of the community, the 1 enhancement and preservation of property values, traffic safety, and the value of the County's industrial, commercial, residential, and agricultural areas. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Zoning Ordinance of Roanoke County is hereby amended by repealing the following: Section 21-93 Signs. (REPEALED IN ITS ENTIRETY) Section 21-20 Words and Phrases The following words and phrases are REPEALED: Administrator Sign Sign Structure Section 21-22-5 R -MH Manufactured Housing Combined District I. (e) (REPEALED IN ITS ENTIRETY) Section 21-23-3 B-3 Special Commercial District B. Signs (REPEALED IN ITS ENTIRETY) 2 2. That the Zoning Ordinance of Roanoke County is hereby amended by adding the following: Section 21-20 Words and Phrases The following words and phrases are added to Section 21- 20 of the Roanoke County Zoning Ordinance: AGRICULTURAL PRODUCT SIGN Any sign displayed for the purpose of advertising agricultural products produced on the premises where the sign is displayed. ATTACHED SIGN Any sign that is affixed directly to a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or porch of a building, and whose face is parallel to the building element to which it is attached. Attached signs have only one face visible from a public right-of-way. AWNING A shelter constructed of nonrigid materials on a supporting framework, either freestanding, or projecting from and supported by an exterior wall of a building. AWNING SIGN A type of attached sign painted on, printed on, or otherwise affixed to the surface of an awning. BANNER A temporary sign applied to cloth, paper, flexible plastic, or fabric of any kind. BUSINESS SIGN A sign which directs attention to a profession or business conducted, or to a commodity, service activity or entertainment sold or offered, upon the premises where the sign is located, or in the building to which the sign is affixed. CONSTRUCTION SIGN A temporary sign identifying an architect, developer, builder, general contractor, subcontractor, material supplier, and or financing entity participating in construction on the property on which the sign is located. DIRECTIONAL SIGN Any sign displayed for the direction and convenience of the public, including signs which identify rest rooms, location of public telephones, public entrances, freight entrances or the like. ESTABLISHMENT Any business or other land use permitted by this ordinance for which a sign permit may be requested. FREESTANDING SIGN A sign which is supported by structures or supports in or upon the ground and is independent of any support from any building. GLARE A bright light which is unnecessarily cast on to property due to direct transmission, refraction, or reflection. HISTORIC SITE SIGNS A sign erected and maintained by a public agency, or non-profit historical society, that identifies the location of, and provides information about, a historic place or event. HOME OCCUPATION SIGN A sign associated with home occupation uses as provided for elsewhere in this ordinance. IDENTIFICATION SIGN A permanent on -premises sign displaying only the name of a subdivision, multi -family housing project, shopping center, industrial park, office park, church, school, public or quasi -public facility or similar type use. ILLUMINATED SIGN Any sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. MONUMENT SIGN A freestanding sign affixed to a structure built on -grade in which the sign and the structure are an integral part of one another. OFF -PREMISES SIGN Any sign which directs attention to a 4 message, or business, commodity, activity, service or product not conducted, sold, or offered upon the premises where the sign is located. These signs may also be known as location signs, billboards, outdoor advertising signs, or general advertising signs. ON -PREMISES SIGN Any sign which directs attention to a business, commodity, activity, service or product conducted, sold, or offered upon the premises where the sign is located. POLITICAL CAMPAIGN SIGN A sign relating to the election of a person to public office, or a political party, or a matter to be voted upon at an election called by a duly constituted public body. PORTABLE SIGN A freestanding temporary sign that is designed to be moved easily, and is not permanently affixed to the ground. PROJECTING SIGN A sign that is affixed directly to a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or porch of a building, and whose face is roughly perpendicular to the building element to which it is attached. SHOPPING CENTER A group of commercial establishments planned, constructed and managed as a total entity with shared access, customer and employee parking provided on-site, provision of goods delivery separated from customer access, aesthetic considerations, and protection from the elements. SIGN Any device, structure, fixture or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, service, or activity. SIGN HEIGHT The vertical distance measured from grade to the highest portion of the sign or sign structure. 5 SIGN SETBACK The minimum distance required between any property line and any portion of a sign or sign structure. SIGN STRUCTURE The supports, uprights, bracing or framework of any structure exhibiting a sign, be it single faced, double faced, v -type or otherwise. SUSPENDED SIGN A sign that is suspended from a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or porch of a building by means of brackets, hooks or chains, and the like, and whose face is roughly perpendicular or parallel to the building element to which it is attached. TEMPORARY SIGN Any sign structure which is not permanently affixed to the ground, a building or other structure, and/or an on - premise sign applying to a seasonal or brief activity such as, but not limited to, summer camps, horse shows, yard sales, Christmas tree sales, business promotions, auctions and carnivals. For the purposes of these regulations, on -premises real estate signs and signs displayed on active construction projects shall be considered temporary when displayed in accordance with Section 21-93 (J). ZONING ADMINISTRATOR The Zoning Administrator of Roanoke County, Virginia, or an authorized agent thereof. For the purposes of the Zoning Ordinance, also known as the Administrator. Section 21-93 Signs. Add the following as Section 21-93 of the Roanoke County Zoning Ordinance: Section 21-93 SIGNS A. PURPOSE These sign regulations are intended to define, permit and control the use of signs. They have been established by the Board C: of Supervisors of Roanoke County to achieve the following community goals and objectives: (1) To protect the health, safety, and welfare of the public. (2) To promote the economic growth of Roanoke County by creating a community image that is conducive to attracting new business and industrial development. (3) To distribute equitably the privilege of using the public environs to communicate private information. (4) To permit reasonable legibility and effectiveness of signs and to prevent their over -concentration, improper placement and excessive height, bulk, density, and area. (5) To promote the safety of persons and property by requiring that signs not create a hazard due to collapse, fire, decay, or abandonment. (6) To ensure that signs do not obstruct fire -fighting efforts, and do not create traffic hazards by confusing or distracting motorists or by impairing drivers' ability to see pedestrians, obstacles, or other vehicles or to read traffic signs. (7) To provide for the reasonable advertising of business and civic products and services, with recognition of the effects of signage on the character of the community. (8) To control visual clutter, and encourage high professional standards in sign design and display. (9) To establish clear procedures for the administration and enforcement of this ordinance. B. (1) Definitions pertaining to provisions of these sign regulations may be found in Section 21-20 of this ordinance. VA (2) Graphic representations of sign designs and terminology may be found in Section 21-93 (R) of this ordinance. These graphics should be viewed as illustrative examples only, and are not intended to be inclusive of all sign designs. C. PERMITTED SIGNS -GENERALLY (1) Any sign displayed in Roanoke County shall be in accordance with: (a) All provisions of Section 21-93 of the Roanoke County Zoning Ordinance; and (b) All applicable provisions of the Roanoke County Building Code, as adopted, and all amendments thereto; and (c) All applicable state and federal regulations pertaining to the display of signage. (2) If any two or more sections of the above referenced regulations are in conflict, the provision that provides the most restrictive standard shall apply. D. EXEMPTED SIGNS (1) The following signs shall be exempted from regulation, and may be displayed within Roanoke County without obtaining a sign permit. However, an electrical permit shall be required for any sign requiring or incorporating electrical service: (a) Official traffic signs or similar regulatory devices owned, erected and maintained by a duly constituted governmental body. (b) Signs required to be displayed or maintained by law or governmental order, rule or regulation. (c) Memorial tablets or signs, provided they are displayed by a public or quasi -public agency. 8 (d) Directional signs provided that each such sign does not exceed five (5) square feet per sign, and no such sign shall contain any advertising matter. (e) Street address signs, not exceeding ten (10) square feet in size. (f) Non -illuminated signs, not more than three square feet in area warning trespassers or announcing property as posted. (g) Signs displayed on a truck, bus, or other vehicle while in use in the normal conduct of business. This section shall not be interpreted to permit the parking for display purposes a vehicle to which a sign is attached or the use of such a vehicle as a portable sign. (h) Flags and insignias of any government except when displayed in connection with commercial purposes. (i) On -premises real estate signs in residential or agricultural zoning districts not exceeding five (5) square feet in area, or on -premises real estate signs in commercial or industrial zoning districts not exceeding sixteen (16) square feet in area. On -premises real estate signs larger than these exempted allowances may be installed as temporary signs in accordance with Section 21-93 (J) (2). (j) Clocks that display time and temperature through the use of mechanical means or the controlled display of lights, provided these devices do not display any other message. (k) Political campaign signs provided that they are located outside of the public right-of-way, and are removed within fourteen (14) days after the campaign. (1) Signs displayed between Thanksgiving and Christmas FI associated with the sale of Christmas trees and wreaths. (m) Signs on the inside of establishments, except those signs specified in sections 21-93 (E)(1) (h) and (k), which shall not be excluded. (n) On -premises agricultural product signs associated with the seasonal and/or incidental sale of such products on property where the primary land use is residential or agricultural, provided such signs do not exceed four (4) square feet in area. E. PROHIBITED SIGNS (1) The following signs are prohibited within Roanoke County: (a) Any sign that due to its size, location, color, or illumination obscures a sign displayed by a public authority for the purpose of giving traffic or safety instructions or directions. (b) Any sign that contains or consists of pennants, ribbons, spinners, or other similar moving devices. (c) Any sign, except an official public notice, which is nailed, tacked, posted, or in any other manner attached to any utility pole, or structure supporting wire, cable, or pipe; or to public property of any description. (d) Any sign located within a public right-of-way, except for signs displayed by a duly constituted governmental authority. (e) (Reserved) (f) (Reserved) (g) (Reserved) (h) Flashing or revolving lights, or beacons intended to direct attention to a location, building or service, or any similar device otherwise displayed that imitates by its design or 10 use, emergency service vehicles or equipment. (i) (Reserved) (j) Any sign that simulates an official traffic sign or signal, and which contains the words "STOP", "GO", "SLOW", "CAUTION", "DANGER", "WARNING", or similar words. (k) Any sign or portion thereof that rotates, or otherwise moves through the use of electrical or wind power. This prohibition does not include the changing of messages on electronic message boards. (1) Signs advertising activities or products that are illegal under federal, state, or county law. (m) Any sign that obstructs any building door, window, or other means of egress. (n) Any electrical sign that does not display the UL, ETL, CSA, or ULC label, unless such sign is constructed, installed, and inspected in accordance with Section 21-93 (K) (2). (o) Signs or sign structures that are erected on, or extend over, a piece of property without the expressed written permission of the property owner or the owner's agent. (p) Any sign that due to its size, location or height obstructs the vision of motorists or pedestrians at any intersection, or similarly obstructs the vision of motorists entering a public right-of-way from private property. F. SIGN PERMITS (1) Except as provided in Section 21-93 (D), no sign may be erected or displayed in Roanoke County without an approved sign permit. Applications for a sign permit may be obtained from the Roanoke County Department of Planning and Zoning. Signs that are 11 not visible from a public right-of-way do not have to conform to the provisions of 21-93 (0) DISTRICT REGULATIONS, and the square footage of such signs shall not be included when calculating allowable signage on a lot. (2) Any owner of a parcel of land upon which a sign is to be displayed, or any authorized agent of such owner may apply for a sign permit. (3) Every application for a sign permit shall include a sketch of the property indicating the lot frontage. The application shall also indicate the square footage of all existing signs on the property, and the area, size, structure, design, location, lighting, and materials for the proposed signs on the property. In addition, the Zoning Administrator may require that the application contain any other information that is necessary to ensure compliance with, or effectively administer, these regulations. (4) A non-refundable sign permit fee is due and payable with the filing of a sign permit application. More than one sign on one building or group of buildings located on the same parcel of land may be included on one application provided that all such signs be applied for at one time. (5) After the issuance of an approved sign permit, the applicant may install and display any such sign or signs approved. Once installed, the Zoning Administrator may inspect the sign(s) for conformance with the approved sign permit and this ordinance. If the displayed sign(s), due to size, location, height, or number do not conform to the information on the approved sign permit, or the applicable standards of this ordinance, the Zoning 12 Administrator shall notify the applicant in accordance with Section 21-93 (G). (6) Any sign permit issued shall be null and void if any sign for which the permit was issued is not installed in accordance with the permit within six (6) months of the date the permit was approved. (7) Maintenance, repair, or restoration of nonconforming signs shall be in accordance with Section 21-93 (M). If the value of such work exceeds fifty (50) percent of its replacement value, it shall only be authorized after the approval of a sign permit application. G. ENFORCEMENT (1) The Zoning Administrator shall have the responsibility for enforcing the provisions of this ordinance. The Zoning Administrator may, as necessary, solicit the assistance of other local and state officials and agencies to assist with this enforcement. (2) Property owners, sign permit applicants, and/or establishment owners/managers, as applicable, shall be notified in writing of violations of the provisions of this ordinance. The Zoning Administrator shall, in the notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The Zoning Administrator may establish a reasonable time period for the correction of the violation, however in no case shall such time period exceed 15 days from the date of written notification. (3) If the violation is not corrected within the time period specified in the first notification, a second written notice shall 13 be sent. The second notification shall request compliance with these provisions within a period not to exceed seven (7) days. (4) If the Zoning Administrator is not able to obtain compliance with these provisions in accordance with the procedures outline above, civil and/or criminal procedures may be initiated in accordance with County law. H. MEASUREMENT OF SIGN AREA (1) Sign area shall be calculated as follows: (a) The area of a suspended, attached, or projecting sign, where the letters, numerals, or symbols are on a sign surface which is hung or affixed to a structure, shall be the total area of the hung or affixed surfaces. (b) The area of an attached sign where the sign consists of words, symbols, or numerals painted on or affixed to a wall, fence, or other building element shall be the entire area within a continuous perimeter enclosing the extreme limits of each word, group of words, symbol, numeral, groups of symbols, or groups of numerals, where the symbols or numbers are meant to be read as a unit. (c) The area of a freestanding sign shall be the total area of all surfaces (excluding poles or other support structures) visible from the public right-of-way. For double or multi -faced signs, only the area of surfaces visible at any one time, at any one point on the public right-of-way shall be measured when calculating sign area. (d) The area of monument -type freestanding signs shall be determined by (1) the size of the copy area, (2) visual breaks in the structural components of the sign, and/or (3) variation in 14 the monuments color scheme. (2) In situations where these criteria do not provide guidance in determining sign area, the zoning administrator shall determine the size of the sign. I. CALCULATION OF ALLOWABLE SIGN AREA ON CORNER LOTS (1) On corner lots, the front shall be either (a) the side fronting the street providing major access, or (b) the side which the main entrance of the structure faces. In situations where neither of these methods clearly distinguishes the front, the Zoning Administrator shall make a determination. (2) For commercial or industrial uses, the front shall not be a primarily residential street. (3) On corner lots where a building or buildings face more than one street, sign area shall be allowed for front lineal footage as indicated in the district regulations, and for one half the side street frontage, provided: (a) The side street does not front on a primarily residential area; (b) Sign area as determined by each frontage is placed only on the frontage from which it is determined. J. TEMPORARY SIGNS (1) Any person wishing to display a temporary sign must apply for a sign permit pursuant to Section 21-93 (F). Except as provided in Sections (2) and (3) below, pertaining to real estate and construction signs, temporary signs shall comply with the following standards: (a) Each business or use on a lot shall be allowed to display a temporary sign a maximum of four (4) times per calendar 15 year. No business may display temporary signage for more than one hundred twenty (120) days per calendar year. Businesses that wish to display temporary signage in excess of these provisions may apply for a permanent sign permit which shall be evaluated against the applicable district standards. (b) Only one portable sign may be displayed on a lot or at a shopping center, at any one time. Any portable sign displayed shall have a minimum sign setback of 40 feet from the centerline of any public right-of-way, or 15 feet from any front property line, whichever is greater. (c) No business or establishment shall display more than two temporary signs simultaneously and the total square footage of any temporary signs displayed at one time shall not exceed sixty (60) square feet. (2) Real estate signs greater than sixteen (16) square feet in commercial or industrial zoning districts or greater than five (5) square feet in agricultural or residential zoning districts may be installed on a lot provided that each such sign does not exceed ninety-six (96) square feet in area, and has a minimum sign setback of fifteen (15) feet from any public right-of-way. All real estate signs must be removed within 14 days after the property has been sold or leased. (3) On premises construction signs may be installed on active construction sites. No construction sign shall exceed ninety-six (96) square feet in area. Any such sign must have a minimum sign setback of fifteen (15) feet from any public right-of-way. All construction signs must be removed from a construction site prior to the issuance of a certificate of occupancy for the building or W proj ect . R. ILLUMINATED SIGNS (1) Signs may be illuminated either through the use of backlighting or direct lighting provided the following standards are met: (a) Information on any illumination proposed as part of a sign must be provided by the applicant on the sign permit application. (b) (Reserved) (c) No light from any illuminated sign shall cause direct glare into or upon any building other than the building to which the sign is related. (d) No light from any illuminated sign shall cause direct glare on to any adjoining piece of property, or any adjoining right-of-way. (2) Any sign containing electrical components shall conform to current UL, ETL, CSA, or ULC standards and display a label from one of these recognized testing labs; or as an alternative, shall be designed and constructed to standards that would allow one of the above referenced labels to be affixed and thereafter inspected by Roanoke County to insure compliance with these standards. L. PROJECTING AND SUSPENDED SIGNS (1) No projecting or suspended sign shall extend more than six (6) feet from any wall or other structure to which it is affixed, nor shall any such sign have a setback of less than fifteen (15) feet from the nearest public right-of-way. (2) The bottom edge of any projecting or suspended sign must be at least seven (7) feet above the ground if located above any 17 publicly accessible walkway or driveway. (3) No projecting or suspended sign shall project or suspend over an adjoining lot, without the expressed written consent of the adjoining property owner. M. NONCONFORMING SIGNS (1) Nonconforming Signs -Generally. Any sign which was lawfully in existence at the time of the effective date of this ordinance which does not conform to the provisions herein, and any sign which is accessory to a nonconforming use, shall be deemed a nonconforming sign and may remain except as qualified in section (2), below. No nonconforming sign shall be enlarged, extended, structurally reconstructed, or altered in any manner; except a sign face may be changed so long as the new face is equal to, or reduced in height, sign area, and/or projection. (a) The addition of lighting or illumination to a nonconforming sign, shall constitute an expansion of a nonconforming structure, and shall not be permitted under these regulations. (2) Removal of Nonconforming Signs. Nonconforming signs may remain, provided they are kept in good repair, except for the following: (a) Damage or destruction of a non -conforming sign. A nonconforming sign which is destroyed or damaged to the extent exceeding fifty (50) percent of its replacement value shall not be altered, replaced or reinstalled unless it is in conformance with these sign regulations. If the damage or destruction is fifty (50) percent or less of its replacement value, the sign may be restored within ninety (90) days of the damage or destruction, but shall not 18 be enlarged in any manner. (b) Damage or destruction of use. A nonconforming on - premises sign shall be removed if the structure or use to which it is accessory is destroyed or demolished to the extent exceeding fifty (50) percent of the principal structures value. (c) Change of Zoning. Whenever a change of zoning occurs by petition of the owner, contract purchaser with the owner's consent, or the owner's agent upon a lot which contains a nonconforming on -premises sign, such sign shall not be permitted without being modified in such a manner as to be in full compliance with these sign regulations. (d) Reserved N. DAMAGED OR NEGLECTED SIGNS (1) The Chief Building Official of Roanoke County shall have the authority to order the removal, without compensation, of any sign or sign structure that due to neglect or damage poses a clear danger to the health, safety and welfare of the public. O. DISTRICT REGULATIONS (1) A-1 ZONING DISTRICT (a) Lots within an A-1 district shall be allowed a maximum signage allocation not to exceed one-quarter (.25) square foot of sign area per 1 lineal foot of lot frontage. The following signs shall be allowed in the A-1 District subject to the regulations contained herein: BUSINESS SIGNS Each permitted business in an A-1 district shall be allowed a maximum of fifty (50) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (a) above. Businesses that request 19 sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. IDENTIFICATION SIGNS A maximum of thirty (30) square feet shall be allowed per use. HOME OCCUPATION SIGNS A maximum of two (2) square feet shall be allowed per home occupation, or group of home occupations within one home. HISTORIC SITE SIGNS A maximum of fifteen (15) square feet shall be allowed per sign. TEMPORARY SIGNS Temporary signs shall be allowed in accordance with Section 21-93 (J). (b) No freestanding sign shall be allowed on any lot having less than two hundred (200) feet of lot frontage. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be 250 feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. (c) Any freestanding sign erected must have a minimum sign setback of 40 feet from the centerline of any public right- of-way, or 15 feet from any front property line, whichever is greater. (d) No freestanding sign shall exceed fifteen (15) feet in height. (e) No establishment shall be allowed more than four (4) signs. (2) RESIDENTIAL ZONING DISTRICT REGULATIONS (a) Lots within R -E, R-1, R-2, R-3, R-4, R -MH, R-5, and 20 R-6 districts shall be allowed a maximum signage allocation not to exceed one-quarter (.25) square foot of sign area per 1 lineal foot of lot frontage. The following signs shall be allowed in the R -E, R-1, R-2, R- 3, R-4, R -MH, R-5, and R-6 Districts subject to the regulations contained herein: BUSINESS SIGNS Each permitted business in a residential district shall be allowed a maximum of thirty (30) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (a) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty- five (25) square feet of signage. IDENTIFICATION SIGNS A maximum of thirty (30) square feet shall be allowed per use. HOME OCCUPATION SIGNS A maximum of two (2) square feet shall be allowed per home occupation, or group of home occupations within one home. HISTORIC SITE SIGNS A maximum of fifteen (15) square feet shall be allowed per sign. TEMPORARY SIGNS Temporary signs shall be allowed in accordance with Section 21-93 (J). (b) No freestanding sign shall be allowed on any lot having less than two hundred (200) feet of lot frontage. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be 250 feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 21 (c) Any freestanding sign erected must have a minimum sign setback of 40 feet from the centerline of any public right- of-way, or 15 feet from any front property line, whichever is greater. (d) No freestanding sign shall exceed ten (10) feet in height. (e) No establishment shall be allowed more than two (2) signs. (3) B-1 OFFICE DISTRICT REGULATIONS (a) Lots within a B-1 district shall be allowed a maximum signage allocation not to exceed one-half (.5) square foot of sign area per 1 lineal foot of lot frontage. The following signs shall be allowed in the B-1 Office District subject to the regulations contained herein: BUSINESS SIGNS Each permitted business in a B-1 district shall be allowed a maximum of five hundred (500) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (a) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty- five (25) square feet of signage. IDENTIFICATION SIGNS Identification signs shall be subject to the same regulations as business signs within this zone. HISTORIC SITE SIGNS A maximum of fifteen (15) square feet shall be allowed per sign. TEMPORARY SIGNS Temporary signs shall be allowed in accordance with Section 21-93 (J). (b) No on -premises freestanding sign shall be allowed 22 on any lot having less than one hundred (100) feet of lot frontage. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be 250 feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. (c) Any freestanding sign erected must have a minimum sign setback of 40 feet from the centerline of any public right- of-way, or 15 feet from any front property line, whichever is greater. in height. (d) No freestanding sign shall exceed fifteen (15) feet (e) No establishment shall be allowed more than four (4) signs. (4) B-2 GENERAL COMMERCIAL DISTRICT REGULATIONS (a) Lots within a B-2 district shall be allowed a maximum signage allocation not to exceed one and one-half (1.50) square feet of sign area per 1 lineal foot of lot frontage. The following signs shall be allowed in the B-2 General Commercial District subject to the regulations contained herein: BUSINESS SIGNS Each permitted business in a B-2 district shall be allowed a maximum of five hundred (500) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (a) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty- five (25) square feet of signage. IDENTIFICATION SIGNS Identification signs shall be subject to the same regulations as business signs within this zone. 23 HISTORIC SITE SIGNS A maximum of fifteen (15) square feet shall be allowed per sign. TEMPORARY SIGNS Temporary signs shall be allowed in accordance with Section 21-93 (J). (b) No on -premises freestanding sign shall be allowed on any lot having less than one hundred (100) feet of lot frontage. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be 250 feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. (c) Any freestanding sign erected must have a minimum sign setback of 40 feet from the centerline of any public right- of-way, or 15 feet from any front property line, whichever is greater. (d) No freestanding sign shall exceed twenty-five (25) feet in height. (e) No establishment shall be allowed more than five (5) signs. (5) B-3 SPECIAL COMMERCIAL DISTRICT REGULATIONS (a) Lots within a B-3 district shall be allowed a maximum signage allocation not to exceed two (2.0) square feet of sign area per 1 lineal foot of lot frontage. The following signs shall be allowed in the B-3 Special Commercial District subject to the regulations contained herein: BUSINESS SIGNS Each business in a B-3 district shall be allowed a maximum of five hundred (500) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (a) above. Businesses that request 24 sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. IDENTIFICATION SIGNS Identification signs shall be subject to the same regulations as business signs within this zone. HISTORIC SITE SIGNS A maximum of fifteen (15) square feet shall be allowed per sign. TEMPORARY SIGNS Temporary signs shall be allowed in accordance with Section 21-93 (J). (b) No on -premises freestanding sign shall be allowed on any lot having less than one hundred (100) feet of lot frontage. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be 250 feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. (c) Any freestanding sign erected must have a minimum sign setback of 40 feet from the centerline of any public right- of-way, or 15 feet from any front property line, whichever is greater. (d) No freestanding sign shall exceed twenty-five (25) feet in height. (e) No establishment shall be allowed more than five (5) signs. (6) INDUSTRIAL ZONING DISTRICT REGULATIONS (a) Lots within M-1, M-2, and M-3 districts shall be allowed a maximum signage allocation not to exceed one and one- half (1.5) square feet of sign area per 1 lineal foot of lot frontage. 25 The following signs shall be allowed in the M-1, M-2, and M- 3 districts subject to the regulations contained herein: BUSINESS SIGNS Each business in an industrial zoning district shall be allowed a maximum of three hundred (300) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (a) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty- five (25) square feet of signage. HISTORIC SITE SIGNS A maximum of fifteen (15) square feet shall be allowed per sign. IDENTIFICATION SIGNS Identification signs shall be subject to the same regulations as business signs within this zone. TEMPORARY SIGNS Temporary signs shall be allowed in accordance with Section 21-93 (J) (b) No on -premises freestanding sign shall be allowed on any lot having less than one hundred (100) feet of lot frontage. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be 250 feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. (c) Any freestanding sign erected must have a minimum sign setback of 40 feet from the centerline of any public right- of-way, or 15 feet from any front property line, whichever is greater. (d) No freestanding sign shall exceed twenty-five (25) feet in height. (e) No establishment shall be allowed more than five 26 (5) signs. P. SPECIAL SIGNAGE DISTRICTS AND REGULATIONS (1) OFF -PREMISES SIGNS Off -premises signs shall be allowed in the B-2, B-3, M-1, M-2 and M-3 Districts provided the following location and design standards are met: (a) No off -premises sign shall be located within a five hundred (500) foot radius of an existing off -premises sign, or an off -premises sign for which a valid permit has been obtained, but has not yet been erected. (b) No off -premises sign shall be located within two hundred (200) feet of any residential zoning district, public square, park, school, library, or church. (c) No off -premises sign shall be allowed to be installed on any roof structure, nor shall any such sign exceed 35 feet in height above the abutting road. (d) Side by side, double and multi -decker off -premises signs shall not be permitted. (e) Any off -premises sign must have a minimum sign setback of 40 feet from the centerline of any public right-of-way, or 15 feet from any front property line, whichever is greater. Any off -premises sign shall have a minimum side and/or rear yard setback of fifteen (15) feet. (f) The maximum size of any off -premises sign on a lot shall be 378 square feet plus 10% for embellishments. (2) USE NOT PROVIDED FOR PERMITS In conjunction with the approval of any Use Not Provided For Permit, the Board of Supervisors, after consideration of the advice and recommendation of the Planning Commission, shall impose sign limitations for the 27 use as may be deemed appropriate. Prior to acting, the Planning Commission and the Board shall consider the nature of the use, its public display and advertising needs, and the impact of any signage scheme on the character of the surrounding area. (3) PLANNED DEVELOPMENTS A signage plan shall be submitted as part of any proposal for a Planned Unit Development (PUD) or a Planned Commercial Development (PCD) as authorized elsewhere in this ordinance. The signage plan shall be part of the required preliminary development plan. All signage plans shall be of sufficient detail to allow the Commission and Board of Supervisors to judge the compatibility of the proposed signage with the character of the proposed PUD or PCD. At a minimum, all signage plans shall provide information on the general size, location, style, color, and materials of all signs proposed. In evaluating the PUD or PCD proposal, the Commission and Board shall consider the appropriateness of the proposed signage plan in relation to the character of the proposed development, and the surrounding area. (4) AIRPORT IMPACT ZONES The allowable height of signs within any established Airport Impact Zone shall be governed by the height restriction for that zone, or the height restriction imposed by the applicable district regulation, whichever is more restrictive. (5) SITE DEVELOPMENT PLANS Site development plans for new commercial and industrial development projects shall show the general location of any freestanding sign proposed. Site plans shall be designed so that freestanding signs may be placed on a lot in a location that conforms to these provisions. (6) LOTS WITHOUT PUBLIC STREET FRONTAGE Lots without public street frontage that existed upon the effective date of this 28 ordinance shall be allowed signage based upon the applicable district regulations as provided for in Section 21-93 (0) of this ordinance. Permitted signage shall be calculated based upon the frontage width of the lot that parallels the nearest public street. Q. VARIANCES (1) Requests for variances to these sign regulations shall follow the procedures outlined in Section 21-123 (B) of the Zoning Ordinance. The Board of Zoning Appeals, in considering any variance request, shall follow the guidelines of this section, and Section 15.1-495 of the Code of Virginia, (1950), as amended. The power to grant variances does not extend to an economic hardship related to the cost, size or location of a new sign, or to the convenience of an applicant, nor should it be extended to the convenience of regional or national businesses which propose to use a standard sign when it does not conform to the provisions of this section. R. GRAPHICS (1) The graphics incorporated herein are provided as illustrative examples of various sign types and sign related terminology used in this ordinance. As such they are not intended to be inclusive of all sign designs. 3. Severability The sections, paragraphs, sentences, and clauses of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional, or invalid by the valid judgement or decree of a court of competent jurisdiction, the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance shall remain valid. W 4. This Ordinance shall be in full force and effect on and after the date of its adoption, April 24, 1990. On motion of Supervisor McGraw to adopt ordinance as amended by staff and including Supervisor Johnson's amendments, 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 Terry Harrington, Director, Planning & Zoning John Hubbard, Assistant County Administrator Arnold Covey, Director, Development & Inspections Phillip Henry, Director, Engineering Tim Gubala, Director, Economic Development Paul 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 30 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 24, 1990 ORDINANCE 42490-12 TO CHANGE THE ZONING CLASSIFICATION OF A 7.64 ACRES TRACT OF REAL ESTATE LOCATED NORTH OF PLANTATION ROAD (TAX MAP NOS. 27.06-5-2 and 27.06-5-9) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF A-1 TO THE ZONING CLASSIFICATION OF B-2 WITH CONDITIONS UPON THE APPLICATION OF DOMINION BANKSHARES WHEREAS, the first reading of this ordinance was held on March 27, 1990, and the second reading and public hearing was held April 24, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 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 7.64 acres, as described herein, and located north of Plantation Road, (Tax Map Numbers 27.06-5-2 and 27.06-5- 9) in the Hollins Magisterial District, is hereby changed from the zoning classification of A-1, Agricultural District, to the zoning classification of B-2, General Commercial District. 2. That this action is taken upon the application of Dominion Bankshares. 3. That said real estate is more fully described as follows: PARCEL 1 BEGINNING at a point on the easterly line of Virginia Route No. 115, Plantation Road, corner to Roger Page, Jr. lot (see Deed Book 858, page 20), being corner No. 5 on the plat made by C. B. Malcolm, S.C.E., dated September 11, 1943; thence with the said easterly line of said Virginia Route No. 115, Plantation Road, N. 19 deg. 20' W. 384.00 feet, more or less, to a point; thence still with the line of said Virginia Route No. 115, Plantation Road, N. 57 deg. 52' E. 10.0 feet to a point, corner to James A. Stephens' 30 -foot wide parcel; thence with the southerly line of said James A. Stephens' 30 - foot wide parcel, N. 57 deg. 52' E. 286.04 feet to a point; thence with the easterly line of said James A. Stephens' 30 - wide parcel, N. 26 deg. 20' W. 30.0 feet to a point being the southeast corner of the Guy O. Plymale parcel (see Deed Book 553, page 525) and also being the southwest corner of the Alfred L. Hughes and wife lot (see Deed Book 505, page 458); thence with the southerly line of said Alfred L. Hughes and wife lot, N. 57 deg. 00' E. (N. 58 deg. 15' E.) 98.9 feet to a point, corner to Richard T. Dillon and wife parcel (see Deed Book 773, page 141) and also corner to O. H. Huffman land, and being corner No. 3 on the said C. B. Malcolm plat; thence with the line of said 0. H. Huffman land, S. 23 deg. 52' E. 399 feet to a point on line of the First National Exchange Bank of Virginia (now Dominion Bank, National Association) tract, being corner No. 4 on said C. B. Malcolm plat; thence with the line of said First National Exchange Bank of Virginia (now Dominion Bank, National Association) and also Roger Page, Jr., lot S. 58 deg. 16' W. 427.0 feet to the place of BEGINNING less .333 acre parcel under separate contract with the Virginia Department of Transportation; and BEING the same property conveyed by Bertram H. Riley and Mary E. Riley by deed dated March 8, 1971, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 913, page 503 LESS the .333 parcel under separate contract with the Virginia Department of Transportation. PARCEL 2 BEGINNING at an iron pin on the southerly line of Virginia Secondary Route No. 1895, corner to Tract 4 of the division of the lands of O. H. and Lila Huffman conveyed unto Raymond B. and Hazel H. Huffman in Deed Book 1004, page 686; thence with the line of said Tract 4, S. 29 deg. 51' 08" E. 525.81 feet to an iron pin, corner to the First National Exchange Bank (now Dominion Bank, National Association) parcel; thence with the same, S. 57 deg. 31' 40" W. 380.71 feet to an iron pin, corner to the lands formerly owned by G. H. and Mary E. Riley; thence with the same N. 21 deg. 37' 37" W. 318.91 feet to an iron pin, corner to the parcel of land formerly belonging to A. B. McDaniel and wife (Deed Book 463, page 277); thence with the same, N. 62 deg. 11' 18" E. 60.83 feet to an iron pin, corner also to said parcel formerly belonging to said A. B. McDaniel and wife; thence further with the same, N. 21 deg. 37' 37" W. 228.97 feet to an iron pin in the south line of said Virginia Secondary Route No. 1895; thence with the same the following three courses and distances: N. 61 deg. 26' 07" E. 147.04 feet to a Virginia Department of Highway Monument; thence N. 28 deg. 33' 52" W. 10.00 feet to a iron pin; and thence N. 62 deg. 18' 59" E. 93.98 feet to the place of BEGINNING, and containing 3.84404 acres, being Tract 2 as shown on a map prepared by Raymond B. Huffman showing the survey of a division of the lands of O.H. and Lila Huffman, situate in the Catawba Magisterial District of Roanoke County, Virginia, dated July 26, 1974, and made by Raymond E. Robertson, Engineer and Surveyor, a copy of which is of record in Deed Book 1004, page 689, reference to which map is hereby specifically made; and BEING the same property conveyed by Lila E. Huffman by deed dated June 10, 1975, of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Deed Book 1019, page 660. 4. That the Church of God, as owner of the real estate, has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. The property will not included permitted uses for undertaking establishments and funeral homes; public billiard parlors, poolrooms, bowling alleys, golf driving ranges and similar forms of public amusement; animal hospitals or clinics and commercial kennels; flea markets; home for adults; clinics, hospitals and nursing homes; and public dance halls. 1990. 5. That the effective date of this ordinance shall April 24, On motion of Supervisor Johnson to adopt ordinance amended that the proffered condition #2 regarding signage be deleted as contained in paragraph 4.b., and carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Robers NAYS: Supervisor Eddy ABSTAIN: Supervisor McGraw A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning & Zoning 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, APRIL 24, 1990 ORDINANCE 42490-13 AUTHORIZING A USE -NOT - PROVIDED -FOR PERMIT TO ALLOW SIXTEEN (16) CONCERTS LOCATED AT VALLEYPOINTE IN THE HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF THE EASTER SEAL SOCIETY OF VIRGINIA, INC. WHEREAS, the first reading of this ordinance was held on March 27, 1990, and the second reading and public hearing was held April 24, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 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 a use -not -provided -for permit allowing sixteen (16) summer concerts beginning May 17, 1990, through September 20, 1990, to be held on a certain tract of real estate containing 5.1 acres (Tax Map Number 37.07-1-14.4) located at Valleypointe Corporate Development Community in the Hollins Magisterial District is hereby authorized. 2. That this action is taken upon the application of The Easter Seal Society of Virginia, Inc. 3. That the effective date of this ordinance shall be April 24, 1990. On motion of Supervisor Johnson to adopt ordinance amending that the permit is valid from May 17, 1990, to September 20, 1990, and carried by 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 cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning & Zoning 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, APRIL 24, 1990 DENIAL OF ORDINANCE 42490-14 TO AMEND THE FUTURE LAND USE PLAN MAP DESIGNATION OF APPROXIMATELY 0.5 ACRE LOCATED AT 5304 MALVERN ROAD IN THE HOLLINS MAGISTERIAL DISTRICT FROM NEIGHBORHOOD CONSERVATION TO TRANSITION AND TO CHANGE THE ZONING CLASSIFICATION FROM R-1 TO THE ZONING CLASSIFICATION B-1 WITH CONDITIONS UPON THE APPLICATION OF IRVIN WARREN SIMPSON. WHEREAS, the first reading of this ordinance was held on February 27, 1990, and the second reading and public hearing was held on April 24, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 6, 1990, and April 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 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 Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning & Zoning 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 ON TUESDAY, APRIL 24, 1990 ORDINANCE 42490-15 AUTHORIZING THE ACCEPTANCE AND ACQUISITION OF SURPLUS REAL ESTATE FROM THE ROANOKE COUNTY SCHOOL BOARD, AND FURTHER, AUTHORIZING THE CONVEYANCE OF SAME TO THE COMMONWEALTH OF VIRGINIA 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 the amended ordinance was held on April 10, 1990; and a second reading was held on April 24, 1990. 2. That the County School Board of Roanoke County on March 8, 1990, adopted a resolution declaring Parcel A (Parcels 044 and 074 of the Cave Spring Junior High School site) to be surplus property pursuant to Section 22.1-129 of the Code of Virginia (1950), as amended. 3. That the County School Board of Roanoke County on March 22, 1990, adopted a resolution declaring Parcel B (a portion of the former Eaton Property) to be surplus property pursuant to Section 22.1-129 of the Code of Virginia (1950), as amended. 4. That the acceptance and acquisition of certain real estate located along Route 221 in front of the Cave Spring Junior High School Site and identified as Parcel A (Parcels 044 and 074 as shown on Sheets 10, 11 and 10D of the plans for Route 221, State Highway Project 0221-080-107, RW201) and Parcel B (a portion of the former Eaton Property as shown on Sheets 11 and 12 of the plans for Route 221, State Highway Project 0221-080-107, RW201) from the Roanoke County School Board is hereby authorized. 5. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate is being made available to the Commonwealth of Virginia for other public uses, namely, the widening of State Route 221. 6. That the offer of the Virginia Department of Transportation in the amount of $73,632 for the acquisition of Parcel A and improvements and $63,220 for the acquisition of Parcel B and improvements is hereby accepted and shall be credited to the School Capital Outlay Fund, and the conveyance of the real estate described above to the Virginia Department of Transportation for other public uses is hereby authorized and approved. 7. 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 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 Willey, Director, Real Estate Assessment Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Dr. Bayes Wilson, Superintendent, Roanoke County Schools Fred C. Altizer, Resident Engineer, Virginia Department of Transportation AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 24, 1990 ORDINANCE 42490-16 AUTHORIZING THE CONSTRUCTION OF A PUBLIC SANITARY SEWER SYSTEM TO SERVE A SPECIAL SANITARY SEWER SERVICE AREA INCLUDING REAL ESTATE ALONG HIGHFIELDS AND LAREDALE ROAD, THE COSTS THEREOF TO BE IMPOSED UPON CERTAIN ABUTTING PROPERTY OWNERS BY AGREEMENT, PROVIDING FUNDS THEREFOR, AND DIRECTING THAT AN ABSTRACT OF THIS ORDINANCE BE RECORDED SHOWING THE AMOUNT THAT WILL BE ASSESSED AGAINST EACH SUCH LANDOWNER WHEREAS, it is the judgment of the Board of Supervisors of Roanoke County, Virginia, that a new public sanitary sewer system should be constructed as hereinafter provided, and that the cost thereof be assessed by contract to certain landowners, as provided by law; and WHEREAS, Ordinance No. 112288-7 adopted by the Board of Supervisors of Roanoke County, Virginia, pursuant to authority found in Article 2, Chapter 7 of Title 15.1 of the 1950 Code of Virginia, as amended, authorizes the County to impose certain costs upon benefiting property owners for certain local public works improvements; and WHEREAS, certain abutting and benefiting property owners have agreed to share in the equitable allocation and apportionment of the construction costs for said improvements; and WHEREAS, the first reading of this ordinance was held on April 10, 1990; and the second reading of this ordinance was held on April 24, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the construction of a new public sanitary sewer system to serve a special sanitary sewer service area in the County of Roanoke which includes certain properties along Highfields and Lakedale Road is hereby authorized. This special sanitary sewer service area is designated on a certain map which is attached hereto and incorporated herein by reference. 2. That the estimated cost of this sanitary sewer project is $67,600. In consideration of the execution and performance of those contracts entered into between the abutting and benefiting landowners and Roanoke County, the County shall administer, construct, and finance this public sanitary sewer project. The property owners agree to pay a proportionate share of the cost of the construction of this project. Each abutting and benefiting property owner, in accordance with the terms and provisions of said contract, agrees to pay to the County the special sanitary sewer connection fee of $5,200. This $5,200 fee includes the off-site sewer facilities fee which will be credited against the cost of the project. The special sanitary sewer connection fee shall include the individual service lateral from the main sewer line located within a public easement adjacent to the property to the edge of that easement, and the installation of a sewer lateral cleanout. A private sewer service line from the cleanout to a structure on the private property is the responsibility of the property owner, as well as any required plumbing permits. 3. That each property owner has paid the sum of Fifty Dollars ($50) of the connection fee upon the execution of the contract with the County. An additional payment on the balance in a sum of Four Hundred Fifty Dollars ($450) shall be paid on or before May 1, 1990. The landowner further agrees to pay the balance of the special sanitary sewer connection fee ($4,700) either by July 1, 19901 or in seventy-two (72) equal monthly installments beginning July 1, 1990, unless otherwise specifically approved by the County. The interest rate of these installments shall be eight percent (8%) of the unpaid balance. 4. That the property owner shall execute a promissory note and a lien document or instrument which shall be recorded among the records of the Clerk of the Circuit Court of Roanoke County, Virginia. This lien instrument or document shall secure the repayment of the promissory note by the property owner to the County and shall be a lien against the property and shall be satisfied upon any conveyance of the property. The property owner further agrees to pay the County any Clerk's fees for recordation costs which may be required to record said lien instrument or document in the office of the Clerk of the Circuit Court. 5. That any property owner within the special sanitary sewer service area applying for public sewer service after July 1, 1990, and within six years (6) after the completion of construction of this project, shall pay a total sanitary sewer connection fee which shall include: a special sanitary sewer connection fee of Five Thousand Two Hundred Dollars ($5,200), the off-site sewer facility fee in effect at the time of application, and the basic connection fee in effect at the time of application. This total sanitary sewer connection fee shall be due and payable prior to the connection to the public sewer system and no installment payment financing by the County shall be available under the provisions of this ordinance. 6. That the County Administrator is authorized to execute, ratify, and confirm on behalf of the County those contracts offered by the property owners and to execute such other documents and take such further actions as may be required to accomplish the purposes of this ordinance, all upon approval as to form by the County Attorney. 7. That this ordinance shall take effect immediately. On motion of Supervisor Eddy, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None A COPY TESTE: l� Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Cliff Craig, Director, Utilities Phillip Henry, Director, Engineering Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney Diane Hyatt, Director, Finance