HomeMy WebLinkAbout8/28/1990 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, AUGUST 28, 1990
RESOLUTION 82890-1 OF APPRECIATION TO LOCAL MILITARY
PERSONNEL DEFENDING OUR COUNTRY IN THE MIDDLE EAST
WHEREAS, many residents of the Roanoke Valley are
currently serving in the armed forces, or are members of reserve
units of the armed forces or the National Guard; and
WHEREAS, due to the current situation in the Middle East,
many of these men and women are being sent to that part of the
world, or put on alert that they may be called to action; and
WHEREAS, the contributions of these citizens will be for
the safety, health and well-being of all Americans.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County
Board of Supervisors does hereby extend its deep appreciation and
commendation to these men and women as they travel overseas on
behalf of the United States; and
FURTHER, BE IT RESOLVED, that the Roanoke County Board
of Supervisors does especially appreciate and commend those County
employees who have already been or may soon be called to action;
and
FURTHER, BE IT RESOLVED, that copies of this resolution
be forwarded to the reserve units of the armed forces and the
National Guard.
On motion of Supervisor Eddy to adopt resolution, and carried
by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Y7�e'-L-�tt
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Resolutions of Appreciation File
Air Force Reserve
Army Reserve
Marine Corps Reserve
National Guard Virginia
01
ACTION NO. A-82890-2
ITEM NO. 'D —
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 28, 1990
AGENDA ITEM: Appropriation of Funds for Supplement No. 1 to the
Roanoke County Code
COUNTY ADMINISTRATOR'S COMMENTS:
EXECUTIVE SUMMARY
Request for an appropriation of funds in the amount of
$9,845.00 from the unappropriated balance to prepare Supplement No.
1 to the Roanoke County Code.
SUMMARY OF INFORMATION:
The Roanoke County Code was last recodified in June of 1985
by Municipal Code Corporation in accordance with the award of a bid
pursuant to the procurement laws. The estimated cost for
preparing 100 complete, up-to-date replacement copies is estimated
to be $9,845.00. This price is based upon a rate of $20.00 per
page (450 pages) for the amendments and $6.50 per page (130 pages)
for the unchanged materials.
The time required for completion will be three to four months.
An initial payment of $1,500.00 is required with the balance upon
delivery.
FISCAL IMPACTS•
An appropriation of $9,845.00 from the Board Contingency Fund
is required to accomplish this project.
STAFF RECOMMENDATION:
It is recommended that the Board appropriate the sum of
$9,845.00 from the Board Contingency Fund to fund the recodifica-
tion of Supplement No. 1 of the Roanoke County Code by Municipal
Code Corporation.
Respectfully submitted,
Paul M. Mahoney
County Attorney
Action
Approved (x) Motion by Lee B. Eddy to Eddy
Denied ( ) approve modified by Harry C. Johnson
Received ( ) Nickens to include future McGraw
Referred supplements in budget when Nickens
to necessary Robers
cc: File
Paul Mahoney, County Attorney
Diane Hyatt, Director, Finance
Reta Busher, Director, Management & Budget
Vote
No Yes Abs
x
x
x
x
x
MEETING DATE:
AGENDA ITEM:
ACTION #
ITEM NUMBER
August 28, 1990
A-82890-3
Appropriation to the Federal Programs Fund for
1990-91 for the 2 + 2 Program
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: The Roanoke County School Board has received a
$10,000.00 grant from Cooper Industries for the 2 + 2 Program in
Automated Manufacturing Technology for 1990-91. Cooperatively,
area school divisions, community college, and industry have
developed a curriculum which is industry driven, and students are
now being recruited for entry into the program. Both industry
and education are benefiting from this partnership. The Cooper
Industries grant will be used in 1990-91 to continue active
recruitment of qualified applicants and to expand curriculum
development into other areas of automated manufacturing. Mr.
Garland Kidd, director of vocational and adult education for
Roanoke County Schools, will be present to answer any questions
related to the appropriation request.
FISCAL IMPACT: Revenue received from Cooper Industries will
offset expenditures.
STAFF RECOMMENDATION: Staff recommends appropriation of
$10,000.00 to the 1990-91 Federal Programs Fund.
Garland Kid Director Elmer C. Hodge
Vocational Adult Education County Administrator
----------------------------------------------------------------
ACTION VOTE
No Yes Abs
Approved (x ) Motion by: Bob L. Johnson Eddy X
Denied ( ) to approve appropriation_ Johnson X
Received ( ) _ McGraw X
Referred ( ) Nickens x
To Robers
X
cc: File
Garland J. Kidd, Director, Vocational & Adult Education
Bayes Wilson, Superintendent, Roanoke County Schools
Ruth Wade, Clerk, Roanoke County School Board
Diane Hyatt, Director, Finance
Reta Busher, Director, Management & Budget
�-2
FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY
MEETING IN REGULAR SESSION AT 7 P.M. ON AUGUST 9, 1990 IN THE
BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, SALEM, VIRGINIA.
RESOLUTION REQUESTING AN APPROPRIATION BY THE
BOARD OF SUPERVISORS TO THE FEDERAL PROGRAMS
FUND FOR THE 2 + 2 PROGRAM IN AUTOMATED
MANUFACTURING TECHNOLOGY.
WHEREAS, the County School Board of Roanoke County has
been awarded a $10,000.00 grant from Cooper Industries for the 2
+ 2 program in Automated Manufacturing Technology for 1990-91,
and
WHEREAS, benefits of the initial phase of the 2 + 2
program are evident in the cooperative efforts of area school
systems and industry in developing a curriculum for training at
the high school level which will better supply the work place,
and the funding from Cooper Industries will assist in the
continuation of active student recruitment to ensure that
qualified applicants enter the program and in the expansion of
curriculum development into other areas of automated
manufacturing;
NOW, BE IT RESOLVED that the County School Board of
Roanoke County, on motion of Charlsie S. Pafford and duly
seconded, requests an appropriation of $10,000 to the 1990-91
federal programs fund for the 2 + 2 program.
Adopted on the following recorded vote:
AYES: Barbara B. Chewning, Maurice L. Mitchell,
Charlsie S. Pafford, Frank E. Thomas
NAYS: None
ABSENT: Paul G. Black
ACTION NO.
ITEM NO.
DENIED
A-82890-4
�-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 28, 1990
AGENDA ITEM: Claim of Clark and Emilie Owen
COUNTY ADMINISTRATOR'S COMMENTS: /--" c 07
-
EXECUTIVE SUMMARY•
Mr. and Mrs. Owen have filed a claim in the amount of
$10,000.00 with the Board of Supervisors as the result of certain
construction undertaken by the developers of Henry Farms Road.
This claim is in accordance with Section 15.1-550 through -554 of
the State Code.
This is a dispute between Clark and Emilie Owen and the
developers of Henry Acres, a subdivision in Roanoke County being
developed by Walter L. and Virginia B. Henry, and specifically
concerns the construction of the road serving this subdivision,
Henry Farms Road.
Attached you will find a copy of
Maxwell, Esq., attorney for the Owens',
basis for this claim, as well as some
dispute.
SUMMARY OF INFORMATION:
a letter from William C.
describing in detail the
of the background of this
It is the County's position that the approval of the sub-
division plat does not give rise to any liability of the County to
the Owens' for the allegations contained in the claim letter.
Further any claims for damages as a result of the construction
activities or any claims for damages as a result of an alleged
trespass are the sole responsibility of the contractor or the
developer. There are no allegations of any damages arising from
any acts of the County.
The Owens' allege that the County's actions constitute a
taking of their property rights, which has damaged their remaining
property. The County denies that any taking has occurred, and
that the facts alleged in the claim letter do not constitute a
taking under law.
-
FISCAL IMPACTS•
As a condition of subdivision approval the County secured a
$10,000.00 bond from the developer to indemnify the County for the
reasonable cost of defending any action or claim brought for a
wrongful taking of property or damages to property or the purchase
of these property rights.
STAFF RECOMMENDATION:
The County Attorney recommends that the Board of
Supervisor deny this claim, so that the claimant may proceed to
Court.
Approved
Denied
Received
Referred
to
Respectfully submitted,
i�tyyy
Paul M. Mahoney
County Attorney
Action
(x) Motion by Harry C- Nickens to
DENY u and direct
to address erosion prohlem
cc: File
Paul Mahoney, County Attorney
John Hubbard, Assistant County Administrator
Vote
No Yes Abs
Eddy x
Johnson
McGraw
Nickens
Robers
Paul M. Mahoney, Esq.
County Attorney
Roanoke County Offices
3738 Brambleton Avenue, SW
Roanoke, Virginia
Re: Claim of Clark and Emilie Owen
Dear Paul:
ROANOKE, VA. 24018
3912 ELECTRIC ROAD, S. W.
P. O. BOX 2863
(703)989-0000
B. PURNELL EGGLESTON
OF COUNSEL
This is to request that the hereinafter stated claim be
placed upon the Agenda of the Board of Supervisors for your
meeting on August 28, 1990. It is my understanding that the
meeting will commence at 3:00 p. m. on that date.
The basis for the claim made by Mr. and Mrs. Owen is as
follows:
That Clark Owen, Jr. and Emilie M. Owen are the fee
simple owners of a certain tract or parcel of land lying and
being in Roanoke County, Virginia, containing 1.091 acres
and designated as Parcel No. 85.04-2-17 on the Tax Maps for
the County of Roanoke, Virginia, the same having been
conveyed to them by Ralph D. Shivers and Harriette H.
Shivers, husband and wife, by deed dated March 11, 1986.
That said deed also conveyed to the Owens a "50 -foot
roadway easement along the southerly line" of the aforesaid
1.091 acre parcel.
That the said 50 -foot roadway runs across land owned by
Walter L. and Virginia B. Henry, they having been conveyed
same, inter alis, by the Rufus A. Henry Estate.
That the bed of said roadway has, at all times
pertinent hereto been of equal level with and contiguous
with the Owens' property line, allowing them access to their
residence at virtually any point along their southerly
LAW OFFICES
JOLLY,
PLACE, FRALIN & PRILLAMAN, P C.
W. H. JOLLY ( 1927-1966)
103 NORTH COLORADO STREET
JACK V. PLACE
W. HEYWOOD FRALIN
P. O. BOX 279
ALTON B. PRILLAMAN
DAVID C.HELSCHER
SALEM, VIRGINIA 24153
STEPHEN M. YOST
WILLIAM C. MAXWELL
TELEPHONE (703) 389-2349
THOMAS B. DICKENSON
FACSIMILE (703) 772-0126
SALEM FACSIMILE (703) 389-9560
August 17, 1990
HAND DELIVERED
Paul M. Mahoney, Esq.
County Attorney
Roanoke County Offices
3738 Brambleton Avenue, SW
Roanoke, Virginia
Re: Claim of Clark and Emilie Owen
Dear Paul:
ROANOKE, VA. 24018
3912 ELECTRIC ROAD, S. W.
P. O. BOX 2863
(703)989-0000
B. PURNELL EGGLESTON
OF COUNSEL
This is to request that the hereinafter stated claim be
placed upon the Agenda of the Board of Supervisors for your
meeting on August 28, 1990. It is my understanding that the
meeting will commence at 3:00 p. m. on that date.
The basis for the claim made by Mr. and Mrs. Owen is as
follows:
That Clark Owen, Jr. and Emilie M. Owen are the fee
simple owners of a certain tract or parcel of land lying and
being in Roanoke County, Virginia, containing 1.091 acres
and designated as Parcel No. 85.04-2-17 on the Tax Maps for
the County of Roanoke, Virginia, the same having been
conveyed to them by Ralph D. Shivers and Harriette H.
Shivers, husband and wife, by deed dated March 11, 1986.
That said deed also conveyed to the Owens a "50 -foot
roadway easement along the southerly line" of the aforesaid
1.091 acre parcel.
That the said 50 -foot roadway runs across land owned by
Walter L. and Virginia B. Henry, they having been conveyed
same, inter alis, by the Rufus A. Henry Estate.
That the bed of said roadway has, at all times
pertinent hereto been of equal level with and contiguous
with the Owens' property line, allowing them access to their
residence at virtually any point along their southerly
ram,
boundary line, resulting in their regular and frequent use
of these various points of access.
That by plat dated December 27, 1988, by Fred O.
Shanks, III, P. C., the Henrys proposed the subdivision of
their property, with a dedication of the foregoing 50 -foot
roadway, inter alia, to the public to be known as Henry
Farms Road. Said plat contains the following notation:
"Owners' counsel (sic) is of the opinion the private
easement shown over a portion of Henry Farms Road will be
extinguished as a matter of law upon the dedication of the
road to the public as the purpose for said easement will
then cease." The "private easement" thereby referred to is
the hereinabove described 50 -foot roadway easement conveyed
to the Owens.
That the Board of Supervisors of Roanoke County
approved that plat on July 11, 1989 and the same has been
recorded.
That as a condition of*its approval, the Board required
the Henrys to enter into an "Indemnity Agreement", with
surety for their $10,000 bond securing same, to indemnify
the Board the "reasonable cost of defending any action
brought or claim made" by the Owens for the wrongful taking
of their property or damages thereto and/or for the purchase
of the Owens' rights by negotiation or by eminent domain.
That as a further condition of the approval of said
plat of subdivision and the acceptance of Henry Farms Road
by the public, the same must be completed in accordance with
the specifications and regulations of the Virginia
Department of Transportation.
That the Henrys have undertaken to construct said road
by cutting, grading, and bulldozing same and the County has
issued the necessary permits for that construction.
That as a result of said grading, cutting and
bulldozing, the roadbed previously used by the Owens has
been totally destroyed, the level of said roadway and
easement has now been greatly lowered below their southerly
boundary line barring their free and unobstructed access to
their residence as before said construction, and slopes have
been created vastly steeper than permitted by the pertinent
specifications and regulations which, in places has removed
lateral support for the Owens' property necessitating a
retaining wall.
That for a period of approximately eight to ten weeks,
no work whatsoever has been performed, leaving the roadway
in a rough, eroded and often muddy condition, making travel
thereon dangerous as well as difficult.
That during the period in which work has been
performed, grading, cutting and work have been done to and
upon the Owens' land without their consent, either express
or implied.
That the foregoing action by the County constitutes a
taking of a property right of the Owens, and has resulted in
damage to their remaining property for which they are
entitled to just compensation. The failure of the road
known as Henry Farms Road to be completed in a timely and
expeditious manner has caused grave inconvenience and has
created a very dangerous condition. This condition
virtually amounts to a nuisance forcing the Owens to travel
over muddy, bumpy and unsightly terrain to get to their
property. Finally, the construction process has resulted in
a trespass upon the Owens' land.
Based upon the foregoing, the Owens ask the Board of
Supervisors of Roanoke County to compensate them for the
taking of their property and for the damage to the remaining
property. They also should be compensated for any damages
that have been suffered by them as a result of any trespass
on their property. These monetary claims amount to
$10,000.00. Finally, they claim that the Board should
specifically require that Henry Farms Road be immediately
and expeditiously constructed in strict conformity with all
applicable specifications and regulations of the County and
of the Virginia Department of Transportation so that this
road will be taken as soon as possible into the State
Highway System in such a way that all retaining walls,
culverts and other devices be installed to protect access to
their property and to assure its lateral support.
Respectfully submitted,
CLARK OWEN, JR. and
EMILIE M. OWEN
By
Their attorney
cc: Mr. and Mrs. Clark Owen
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATOR CENTER
ON TUESDAY, AUGUST 28, 1990
RESOLUTION 82890-5 APPROVING A SPECIFIC CAPITAL
EXPENDITURE FOR THE ACQUISITION BY THE ROANOKE REGIONAL
AIRPORT COMMISSION OF 8.125 ACRES OF LAND FOR AIRPORT
EXPANSION AND DEVELOPMENT, UPON CERTAIN TERMS AND
CONDITIONS
WHEREAS, Section 17 (b) of the contract between the City of
Roanoke, Roanoke County, and the Roanoke Regional Airport Commis-
sion provides that the Commission shall prepare and submit for
approval any proposed capital expenditure exceeding $100,000 to
benefit five or more future accounting periods; and
WHEREAS, by Resolution No. 90-015 adopted August 24, 1990, a
copy of which is on file in the Office of the Clerk to the Board,
the Roanoke Regional Airport Commission authorized the filing and
execution of certain documents on behalf of the Commission for
Airport Improvement Grant #3-51-0045-10 with the Federal Aviation
Administration. The Commission has submitted a request that the
County approve a capital expenditure in the amount of $1,030,000
by the Commission for acquisition of approximately 8.125 acres of
land for airport expansion and development.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1) That the County hereby approves the capital expenditure
by the Roanoke Regional Airport Commission of approximately
$1,030,000 in connection with the Commission acquisition of
approximately 8.125 acres of land for airport expansion and
development.
2) That the County concurs in the acceptance and execution
of a grant agreement with the United States of America, Grant #3-
51-0045-10, in the approximate amount of $927,000 for the acquisi-
tion of said real estate, and the appropriation of local matching
funds of up to $103,000 from retaining earnings of the Commission
for this acquisition.
3) That this approval is subject to the receipt of the
aforesaid airport improvement grant and to the allocation of the
local matching funds from retained earnings of the Commission.
4) That the County Administrator is authorized to execute
such documents and take such actions as may be necessary to
accomplish the purposes and intent of this Resolution, on behalf
of the County, in form approved by the County Attorney.
On motion of Supervisor Johnson to adopt resolution, 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
Diane D. Hyatt, Director, Finance
Jacqueline L. Shuck, Exe. Dir., Roanoke Regional Airport
W. Robert Herbert, Chairman Roanoke Regional Airport Commission
e
r3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28, 1990
RESOLUTION 82890-6 APPOINTING THE FIRE MARSHALL
FOR ROANOKE COUNTY AND AUTHORIZING EXERCISE OF
POWERS UNDER CHAPTER 3 OF TITLE 27 OF THE CODE
OF VIRGINIA AND THE ROANOKE COUNTY CODE
WHEREAS, Chapter 3 of Title 27 of the Code of Virginia, 1950,
as amended, provides statutory authority to the governing bodies
of counties, cities and towns to appoint a fire marshall and
provides for the duties and powers of such official; and
WHEREAS, the Virginia Statewide Fire Prevention Code,
previously enacted as Chapter 9 of the Roanoke County Code by
Ordinance 52488-13, sets forth the duties and powers of the Roanoke
County Fire Marshall in enforcing these codes; and
WHEREAS, it is the intent of this resolution to confer upon
the Chief of the Fire and Rescue Department of Roanoke County the
authority as fire marshall and to designate officers of that
department to exercise the duties and powers of the position at his
direction.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia as follows:
1. The Chief of the Fire and Rescue Department is hereby
appointed as Roanoke County Fire Marshall which position and title
shall include the term "fire official" or "arson investigator".
The Fire Marshall shall be responsible for exercising all duties
and powers of that position or that of the Fire Official granted
or implied under Virginia law, including the Virginia Statewide
Fire Prevention Code.
2. The Chief of the Fire and Rescue Department is hereby
granted the authority to designate an officer of his department to
perform the duties and exercise the powers of the Fire Marshall.
Such authorization may include the authority to issue such summons
as authorized by law and the responsibility to respond to all
subpoenas and summonses directed to the Fire Marshall or Fire
Official for Roanoke County.'
3. The Chief of the Fire and Rescue Department is further
authorized to appoint one or more assistants, who shall have the
powers and perform the duties of the Fire Marshall as provided by
§ 27-36 of the Code of Virginia, 1950, as amended. Such designated
Fire Marshall and assistants shall have received the necessary
training to exercise the powers granted by § 27-34.2 and § 27-
34.2:1 of the Code of Virginia.
4. The officer designated by the Chief of the Fire and
Rescue Department to act as Roanoke County Fire Marshall shall be
responsible for the management of the Fire Prevention Division and
for the enforcement of the County Fire Prevention Code , other
ordinances concerning fire prevention and any other fire prevention
related activity. Specifically, such designated Fire Marshall and
his assistants are authorized to exercise all powers granted by §
27-34.2 and § 27-34.2:1 of the Code of Virginia, 1950, as amended.
The designated Fire Marshall and his assistants are further
authorized to exercise the powers conferred by § 27-81(b) of the
Code of Virginia, 1950, as amended, in the same manner and subject
to the same conditions as other authorities.
5. That this resolution shall be in force from the date of
its passage.
a
On motion of Supervisor Nickens to adopt resolution, 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
Thomas C. Fuqua, Chief, Fire & Rescue
D. Keith Cook, Director, Human Resources
Paul M. Mahoney, County Attorney
Skip Burkart, Commonwealth Attorney
Magistrate
Police Department
Roanoke Law Library, 315 Church Avenue, S.W., Rke, 24016
Main Library
Roanoke County Code Book
Roanoke County Family Services Court, Intake Counsellor
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, AUGUST 28, 1990
ORDINANCE 82890-7 AUTHORIZING THE EXECUTION OF
A DEED OF EXCHANGE AND PARTIAL RELEASE OF
EASEMENT FOR WATER FACILITIES AT TANGLEWOOD
MALL
WHEREAS, by Deed of Exchange and Partial Release dated April
15, 1987, recorded in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, in Deed Book 1306, page 1966, MRI
Tanglewood Rental Investments, Inc., a Delaware corportion
[hereafter MRI Tanglewood], granted and conveyed to the Board of
Supervisors of Roanoke County [hereafter Roanoke County] a 0.041 -
acre parcel of land and certain appurtenant easements, all in
connection with the installation and operation of a water pump
station by Roanoke County on the land so conveyed; and
WHEREAS, The Chesapeake and Potomac Telephone Company of
Virginia [hereafter C&P Telephone] has requested that MRI
Tanglewood, convey to it an easement for the installation and
operation of certain underground and aboveground communications
equipment, which easement is at the same location as a part of the
access easement conveyed to Roanoke County by MRI Tanglewood by
the above-described deed dated April 15, 1987; and
WHEREAS, the Roanoke County Department of Utilities has agreed
to a relocation of the portion of its access easement which
interferes with the easement being granted by MRI Tanglewood to
C&P Telephone as described above; and
WHEREAS, following recordation of the above-described deed
dated April 15, 1987, it was discovered that errors had been made
in the plat of subdivision by reference to which the conveyances
in that deed had been made, with the result that the intentions of
the parties were not carried out by the April 15, 1987, deed, and
the parties thereto now wish to correct those errors by
reconveyance to MRI Tanglewood of the erroneously conveyed property
and conveyance to Roanoke County of the correct property; and
WHEREAS, pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, first and second readings are required
to pass all ordinances; and
WHEREAS, a first reading of the proposed ordinance was held
on August 14, 1990; the second reading was held on August 28, 1990.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia as follows:
1. That the release of the 0.041-acree parcel and the
appurtenant easements to MRI Tanglewood as described in the deed
of April 15, 1987, in consideration of the conveyance of that
certain 0.041 -acre parcel of land as shown on the plat dated April
23, 1990, made by T.P. Parker & Son, entitled "Easement Plat for
C&P Telephone Company. . . ,'1 along with a perpetual easement for
ingress and egress and a temporay construction easement is hereby
authorized and approved.
2. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County
as are necessary to accomplish the conveyance of this property,
all of which shall be upon form approved by the County Attorney.
3. The effective date of this ordinance shall be August 29,
1990.
On motion of Supervisor Nickens to approve ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Mary H. lien, Clerk
Roanoke County Board of Supervisors
cc: File
Clifford Craig, Director, Utilities
Phillip Henry, Director, Engineering
Paul M. 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, AUGUST 28, 1990
RESOLUTION 82890-8 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS
AGENDA FOR THIS DATE DESIGNATED AS
ITEM L- 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 August 28, 1990 designated as Item L - Consent
Agenda be, and hereby is, approved•and concurred in as to each
item separately set forth in said section designated Items 1
through 5, inclusive, as follows:
1. Approval of Raffle Permit - Botetourt Jaycees
2. Confirmation of Committee Appointments to the
Community Corrections Resources Board and the
Industrial Development Authority.
3. Resolution requesting acceptance of Kings Chase
Drive, Fox Croft Circle and Huntmaster Circle into
the VDOT Secondary System.
4. Acceptance of water and sanitary sewer facilities
serving Kings Chase - Section 1.
5. Donation of a drainage easement, Lot 73, Section 1,
Kings Chase.
6. Approval of Raffle ,Permit - Northside Athletic
Booster Club
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 the addition of Item 6,
and carried by the following recorded vote:
t
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
8/30/90
CC: Phillip Henry, Director of Engineering
Arnold Covey, Director of Development & Inspections
Paul M. Mahoney, County Attorney
TILL
ACTION NO. A -82890-8.a
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 28, 1990
AGENDA ITEM: Request for approval of a Raffle Permit from the
Botetourt Jaycee's Inc.
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Botetourt Jaycee's Inc. has requested a Raffle Permit to hold
a raffle on October 6, 1990. This application has been reviewed
with the Commissioner of Revenue and he recommends that it be
approved. The Botetourt Jaycee's meet in the County and must
therefore apply for their raffle permit with Roanoke County.
The organization has paid the $25.00 fee. The permit application
is on file in the Clerk's Office.
STAFF RECOMMENDATION:
It is recommended that the application for a Raffle Permit be
approved.
SUBMITTED BY: APPROVED BY:
SC (-
Mary H. Allen Elmer C. Hodge
Clerk to the Board County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (X) Motion by: Bob L. Johnson No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x
cc: File
Bingo/ Raffle File
ACTION NO. A -82890-8.b
ITEM NUMBER r .Z
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 28, 1990
AGENDA ITEM: Confirmation of Committee Appointments to the
Community Corrections Resources Board and the
Industrial Development Authority
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The following nominations were made at the August 14, 1990 meeting
and should be confirmed by the Board of Supervisors:
Community Corrections Resources Board
Supervisor Eddy nominated Edmund Kielty to serve a one-year term
from August 13, 1989 to August 13, 1990 and to reappoint him to
another one year term expiring August 13, 1991.
Industrial Development Authority
Supervisor Johnson nominated J. Carson Quarles to serve another
four-year term expiring September 26, 1994.
RECOMMENDATION
It is recommended that the above nominations be confirmed.
SUBMITTED BY:
Mary H. Allen
Clerk to the Board
APPROVED BY:
GC k
Elmer C. Hodge
County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Bob L. Johnson No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ? McGraw x
To ( ) Nickens x
Robers x
cc: File
Communications Corrections Resources Board File
Industrial nPVPI nnman+- Ailthnri i -v Vi l
AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28, 1990
RESOLUTION 82890-8.0 REQUESTING ACCEPTANCE
OF KINGS CHASE DRIVE, FOB CROFT CIRCLE AND
HUNTMASTER CIRCLE INTO THE VIRGINIA DEPARTMENT
OF TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of Kings Chase Drive
from its intersection with Buck Mountain Road (Route 679) to the
terminus at the cul-de-sac for a distance of 0.17 miles, Fox Croft
Circle, and Huntmaster Circle from its intersection with Kings
Chase Drive to their terminus at the cul-de-sac for a distance of
0.09 and 0.05 miles, respectively, to be accepted and made a part
of the Secondary System of State Highways under Section 33.1-229
of the Virginia State Code.
2. That it appears to the Board that drainage easements and
a fifty (50) foot right-of-way for said roads have heretofore been
dedicated by virtue of a certain map known as Section No. 1, King's
Chase Subdivision recorded March 6, 1989 in Plat Book 11, Page 112,
and subsequent drainage easements in the records of the Clerk's
Office of the Circuit Court of Roanoke County, Virginia, and that
by reason of the recordation of said map and deed no report from
a Board of Viewers, nor consent or donation of right-of-way from
the abutting property owners is necessary. The Board hereby
guarantees said right-of-way for drainage.
3. That said roads known as Kings Chase Drive, Fox Croft
Circle and Huntmaster Circle which are shown on a certain sketch
accompanying this Resolution, be, and the same are hereby
established as public roads to become a part of the State Secondary
System of Highways in Roanoke County, only from and after
notification of official acceptance of said streets by the Virginia
Department of Transportation.
On motion of Supervisor Johnson to adopt resolution, 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
Phillip Henry, Director, Engineering
Arnold Covey, Director, Development & Inspections, and
copy for Virginia Department of Transportation
ACTION # A -82890-8.d
ITEM NUMBER L -4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 28, 1990
AGENDA ITEM: Acceptance of Water and Sanitary Sewer Facilities
Serving Kings Chase - Section 1
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Developers of Kings Chase, Fralin & Waldron, Inc. have
requested that Roanoke County accept the Deed conveying the water
and sanitary sewer facilities serving the subdivision along with
all necessary easements.
The water and sewer facilities are installed, as shown on plans
prepared by Lumsden Associates, P.C. entitled Kings Chase - Section
1, dated February 15, 1989, which are on file in the County
Engineering Department. The water and sanitary sewer facility
construction meets the specifications and the plans approved by the
County.
FISCAL IMPACT•
The value of the water and sanitary sewer construction is $112,400
and $96,400 respectively.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors accept the water and
sanitary sewer facilities serving the subdivision along with all
necessary easements, and authorize the County Administrator to
execute a Deed for the transfer of these facilities.
SUBMITTED BY:
Clifford ig, P.E.
Utility Director
Approved (x)
Denied ( )
Received ( )
Referred
to
APPROVED:
eGV-
Elmer C. Hodge
County Administrator
ACTION
Motion by: Bob L. Johnson
cc: File
Clifford Craig, Director, Utilities
Phillip Henry, Director, Engineering
Eddy
Johnson
McGraw
Nickens
Robers
VOTE
No
-y
Yes Abs
x
x
x
x
x
I
ACTION NO. A -82890-8.e
ITEM NO. 4---5-
AT
--
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 28, 1990
AGENDA ITEM: Donation of drainage easements situated on Lot 73,
Section 1, Kings Chase to the County of Roanoke
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This consent agenda item involves the donation by Fralin &
Waldron, Inc. of two drainage easements across the northwesterly
portion of Lot 73, Section 1, Kings Chase (P.B. 11, page 112).
Said easements are designated as "New Drainage Easement #1" and
"New Drainage Easement #2" upon a plat prepared by Lumsden Asso-
ciates, P.C. dated 6 August 1990.
The location and dimensions of these easements have been
reviewed and approved by the County's engineering staff.
STAFF RECOMMENDATION:
Staff recommends acceptance of these easements.
Respectfully submitted,
Ai -A-411 / Lwzy
Vi ki L. HWMah
Assistant Coifnty Attorney
Action Vote
Approved (x) Motion by Bob L. Johnson Eddy No Yes Absx
Denied ( ) Johnson x
Received ( ) McGraw x
Referred Nickens x
to Robers x
cc: File
Arnold Covey, Director, Development & Inspections
Clifford Craig, Director, Utilities
Phillip Henry, Director, Engineering
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PLAT SHOWING
NEW DRAINAGE EASEMENTS
HEREBY DEDICATED TO
THE COUNTY OF ROANOKE FOR PUBLIC USE
BY
FRALIN & WALDRON, INC.
SITUATED ON LOT 73, SECTION 1,
KINGS CHASE (P.B. 11, PAGE 112)
CAVE SPRING MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: I"= 30' DATE: 6 AUGUST 1990
LUMSDEN ASSOCIATES, P. C.
INGIN"Ad-OURViVORfl-PLANNIR!
ROANOKE, VIRGINIA
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ACTION NO. A -82890-8.f
ITEM NUMBER L — 4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 28, 1990
AGENDA ITEM: Request for approval of a Raffle Permit from the
Northside Athletic Booster Club
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Northside Athletic Booster Club has requested a Raffle Permit
to hold a raffle on September 14 and 21, October 26 and November
9. 1990. This application has been reviewed with the Commissioner
of Revenue and he recommends that it be approved. The organization
has paid the $25.00 fee.
The permit application is on file in the Clerk's Office.
RECOMMENDATION•
It is recommended that the application for a Raffle Permit be
approved.
SUBMITTED BY:
e.�`
Mary H. Allen
Clerk to the Board
APPROVED BY:
Elmer C. Hodge
County Administrator
----------------------------------------------------------------
ACTION
VOTE
Approved
(X) Motion by: Bob L. Johson
No Yes Abs
Denied
( )
Eddy
x
Received
( )
Johnson
x
Referred
( )
McGraw
x
To
( )
Nickens
x
Robers
x
cc: File
Bingo/ Raffle File
N
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, AUGUST 28, 1990
RESOLUTION 82890-9 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to
the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies, and
2. Only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed
or considered by the Board of Supervisors of Roanoke County,
Virginia.
On motion of Supervisor Nickens, and carried by the following
recorded vote:
AYES: Supervisors Eddy, Nickens, Robers
NAYS: None
ABSENT: Supervisors McGraw, Johnson
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
8/30/90
CC: File
Executive Session File
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, AUGUST 28, 1990
ORDINANCE 82890-10 VACATING A 50 FOOT RIGHT-
OF-WAY REFERRED TO AS "GOFF ROAD" FROM ITS
INTERSECTION WITH WEBSTER DRIVE, WEST,
APPROXIMATELY 197 FEET, IN THE CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, the subdivision plat for North Burlington Heights
Subdivision recorded in Plat Book 3, page 59, provided for an
extension of Goff Road for a distance of approximately 197 feet in
a southwesterly direction for access to the "Bennett" property;
and
WHEREAS, with the subsequent development of the "Bennett"
property as the Barrens Village Subdivision, access to this
property has been provided by way of Barrens Road and Deer Branch
Road thereby eliminating the need for the above referenced right-
of-way; and
WHEREAS, notice has been given pursuant to § 15.1-431 of the
Code of Virginia, 1950, as amended, clearly describing the plat or
portion thereof to be vacated and the time and place of the meeting
of the Board of Supervisors at which the adoption of this ordinance
would be voted upon as required by § 15.1-482 of the Code of
Virginia; and
WHEREAS, a first reading of the proposed ordinance was held
on August 14, 1990; the second reading was held on August 28, 1990.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a 50 foot right -of way approximately 197 feet in
length extending from Webster Drive in a southwesterly direction
and designated as an extension of Goff Road, as recorded in Plat
Book 3, page 59, located in the Catawba Magisterial District, is
hereby vacated.
2. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County
as are necessary to accomplish the vacation of the said right-of-
way, all of which shall be upon form approved by the County
Attorney.
3. That a certified copy of this ordinance of vacation shall
be recorded in the Clerk's Office of the Circuit Court of Roanoke
County, Virginia after the time for appeal of the adoption of this
ordinance has expired, or in the event of any such appeal, upon
the denial of such appeal, as provided by § 15.1-482, Code of
Virginia, 1950, as amended.
4. The effective date of this ordinance shall be August 28,
1990.
On motion of Supervisor McGraw to approve ordinance, 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
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, AUGUST 28, 1990
ORDINANCE 82890-11 TO CHANGE THE ZONING
CLASSIFICATION OF A 1.78 ACRE TRACT OF REAL
ESTATE LOCATED ON THE WEST SIDE OF STARKEY
ROAD NORTH OF ITS INTERSECTION WITH BUCK
MOUNTAIN ROAD (TAX MAP NOS. 87.18-1-38 AND
87.18-1-41) IN THE CAVE SPRING MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF R-
1 TO THE ZONING CLASSIFICATION OF B-1 WITH
CONDITIONS UPON THE APPLICATION OF THOMAS
SCARCE
WHEREAS, the first reading of this ordinance was held on
August 14, 1990, and the second reading and public hearing was held
August 28, 1990; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on August 7, 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 1.78 acre, as described herein, and located on
the west side of Starkey Road north of its intersection with Buck
Mountain Road, (Tax Map Numbers 87.18-1-38 and 87.18-1-41) in the
Cave Spring Magisterial District, is hereby changed from the zoning
classification of R-1, Single Family Residential District, to the
zoning classification of B-1, Office District.
2. That this action is taken upon the application of Thomas
Scarce.
3. That the owner has voluntarily proffered in writing the
following conditions which the Board of Supervisors hereby accepts:
4.
1) The footprint of the house will not be expanded.
2) The location of the parking area required for the
office zoning will be in substantial conformity with
the site plan prepared by Dickson Architects, dated
May 30, 1990.
3) There will be no residential or institutional use
of the property following expiration of the current
residential leases.
4) Type C screening and buffering will be located where
required by the County staff.
That said real estate is more fully described as follows:
BEGINNING at a point in the center of the public road
leading from Starkey to Roanoke at 1; thence passing the
north gate post on the westline of said road at 15 feet
and passing a monument planted in the ground at 16 feet
from said starting point in the middle of the road to
another monument at 2; thence N. 23 deg. 45' E. 154.5
feet to another monument at 3; thence S. 66 deg. 15' E.
282 feet passing the west line of said road at 15 feet
from its center to the center of said road at 4; thence
along the center of said road, S. 23 deg. 45' W. 154.5
feet to the Place of Beginning, and containing one (1)
acre as surveyed by George L. Poague, Surveyor, November
3, 1971, as shown on plat recorded in the Clerk's Office
of the Circuit Court of Roanoke County, Virginia, in Deed
Book 87, at page 526.
BEGINNING at an iron pin set on the westerly side of
Starkey Road, S.W. (known as Route 904), formerly
Virginia Route No. 419 corner to the property now or
formerly owned by Lewis B. Hunter (D.B. 300, page 117);
thence with westerly side of Route 904, S. 24 deg. 00'
W. passing a highway monument at 98.1 feet a total
distance of 114.8 feet to an iron pin found in a fence
line dividing Lots 4 and 5; thence with said dividing
line, N. 70 deg. 45' W. 304.0 feet to an iron pin set in
the line of property now or formerly owned by Ray
Douthat, et ux. (D.B. 311, page 6); thence with the line
of Douthat, N. 5 deg. 00' W. 97.5 feet to an iron pin set
on the line of Hunter said point being near the bank of
a dry branch; thence with line of Hunter and following
generally the course of the dry branch, S. 74 deg. 50'
E. 354.9 feet to an iron pin set being the Place of
Beginning, and being Lot 5, containing 0.78 acres as
shown on survey for Frederick E. Redford, Jr. and Debbie
S. Redford, prepared by T. P. Parker & Son, Engineers &
Surveyors, Ltd., dated March 17, 1986.
5. That the effective date of this ordinance shall be
August 28, 1990.
On motion of Supervisor Robers to approve ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Brenda J. Hol on, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Development & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, AUGUST 28, 1990
DENIAL OF ORDINANCE 82890-12 TO AMEND PROFFERED
CONDITIONS ON THE REZONING OF A 24.94 -ACRE TRACT OF REAL
ESTATE LOCATED ON THE WEST SIDE OF COLONIAL AVENUE
OPPOSITE OGDEN ROAD INTERSECTION IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF
R-3, CONDITIONAL, TO THE ZONING CLASSIFICATION OF R-3,
CONDITIONAL (MODIFICATION OF PROFFERED CONDITIONS) UPON
THE APPLICATION OF OCCIDENTAL DEVELOPMENT LTD.
WHEREAS, the first reading of this ordinance was held on
August 14, 1990, and the second reading and public hearing was held
August 28, 1990; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on August 7, 1990; and,
WHEREAS, legal notice and advertisement has been provided as
required by law; and
WHEREAS, this property was rezoned from R-1, Single -Family
Residential District, to R-3, Multi -Family Residential District
with proffered conditions, in September of 1988.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
Denied on motion of Supervisor Robers, and carried by the
following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Development & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, AUGUST 28, 1990
ORDINANCE 82890-13 TO AMEND PROFFERED
CONDITIONS ON THE REZONING OF AN APPROXIMATELY
.25 -ACRE TRACT OF REAL ESTATE LOCATED AT 5314
FALLOWATER LANE IN THE CAVE SPRING MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF B-
2, CONDITIONAL, TO THE ZONING CLASSIFICATION
OF B-2, CONDITIONAL (MODIFICATION OF PROFFERED
CONDITIONS) UPON THE APPLICATION OF JOHN LEE
DAVENPORT.
WHEREAS, the first reading of this ordinance was held on
August 14, 1990, and the second reading and public hearing was held
August 28, 1990; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on August 7, 1990; and,
WHEREAS, legal notice and advertisement has been provided as
required by law; and
WHEREAS, this property was rezoned from B-1, Office District,
to B-2, General Commercial District with proffered conditions, on
February 26, 1986.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the zoning classification of a certain tract of real
estate containing approximately .25 acre, as described herein, and
located at 5314 Fallowater Lane, in the Cave Spring Magisterial
District, is hereby changed from the zoning classification of B-
2, Conditional with proffered conditions, to the zoning
classification of B-2, Conditional with amended proffered
conditions.
2. That this action is taken upon the application of John
Lee Davenport.
3. That the applicant has voluntarily proffered in writing
the following amendments to the conditions approved by the Board
of Supervisors on February 26, 1986, which the Board of Supervisors
hereby accepts:
1) The property will be used for a take-out restaurant
and food service, along with the existing office and
video store.
2) An entrance and exit will be provided at all times
from Fallowater Lane.
3) Petitioner will provide Type C screening and
buffering where required by ordinance.
4. That said real estate is more fully described as follows:
BEGINNING at a point on the easterly side of Bernard Drive,
N. 25 deg. W. 200 feet northerly from the northeast corner of
Bernard Drive and Fallowater Lane, both extended, said
beginning point being also N. 25 deg. W. 179.59 feet from the
beginning of the curve of the intersection of Bernard Drive
and Fallowater Lane; thence N. 50 deg. 32' E. 50.95 feet to
a point; thence S. 34 deg. 47' E. 188.47 feet to a point on
Fallowater Lane; thence with Fallowater Lane, S. 47 deg. 38'
W. 64.67 feet to beginning of curve; thence following a curve
to the right, whose radius is 15 feet, at a distance of 28.13
feet to a point on Bernard Drive; thence with Bernard Drive,
N. 25 deg. W. 179.59 feet to the Beginning, and being Lot 1
of Section 1 of T. P. Parker map dated June 12, 1946, showing
a resubdivision of Lot 1 and being the southerly portion of
Lot 3, Section 5, both of Beulah Heights.
5. That the effective date of this ordinance shall be
August 28, 1990.
On motion of Supervisor Robers to approve ordinance, and
carried by the following recorded vote:
AYES: Supervisors McGraw, Johnson, Nickens, Robers
NAYS: Supervisor Eddy
A COPY TESTE:
Brenda J. Holton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Development & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, AUGUST 28, 1990
ORDINANCE 82890-14 TO CHANGE THE ZONING
CLASSIFICATION OF A 0.28 ACRE TRACT OF REAL
ESTATE LOCATED NEAR THE SOUTHERN INTERSECTION
OF SR 904 (STARKEY ROAD) AND SR 632 (CRESCENT
BLVD.) (TAX MAP NO. 87.18-1-45) IN THE CAVE
SPRING MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF B-2 TO THE ZONING
CLASSIFICATION OF M-1 WITH CONDITIONS UPON THE
APPLICATION OF NORMAN T. WRIGHT
WHEREAS, the first reading of this ordinance was held on
August 14, 1990, and the second reading and public hearing was held
August 28, 1990; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on August 7, 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 0.28 acre, as described herein, and located near
the southern intersection of SR 904 (Starkey Road) and SR 632
(Crescent Blvd.), (Tax Map Number 87.18-1-45) in the Cave Spring
Magisterial District, is hereby changed from the zoning
classification of B-2, General Commercial District, to the zoning
classification of M-1, Light Industrial District.
2. That this action is taken upon the application of Norman
T. Wright.
3. That the owner has voluntarily proffered in writing the
following conditions which the Board of Supervisors hereby accepts:
1) Facility will be used for sale and installation of
tires and related services.
2) Facility will not be used for vehicle painting,
upholstering, major repairing, rebuilding,
reconditioning, body and fender work.
3) There will be no overnight parking of inoperative
or junk vehicles.
4. That said real estate is more fully described as follows:
Beginning at an iron pin on the northerly side of
Virginia Secondary Route 904, said pin being situated N.
75 deg. 58' E. 102.16 feet from the easterly side of
Crescent Heights Boulevard with the northerly side of
Virginia Secondary Route 904; thence with the northerly
side of Virginia Secondary Route 904, N. 76 deg. 58' E.
81.66 feet to an old iron; thence N. 11 deg. 30' W. 151.9
feet to a point; thence S. 73 deg. 30' W. 81.80 feet to
an iron pin; thence with the line of the .033 acre tract
previously conveyed to the Grantee and others, S. 11 deg.
30' E. 146.91 feet to the place of beginning.
5. That the effective date of this ordinance shall be August
28, 1990.
On motion of Supervisor Robers to approve ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Brenda J. H61ton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Development & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment