HomeMy WebLinkAbout2/23/1999 - Regular
-,
February 23,1999
121
=
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
February 23, 1999
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the fourth Tuesday, and the second
regularly scheduled meeting of the month of February, 1999.
N RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens,
Supervisors Fenton F. "Spike" Harrison, Joseph McNamara,
H. Odell "Fuzzy" Minnix
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk to the Board; John M.
Chambliss, Assistant County Administrator; Don C. Myers,
Assistant County Administrator; Anne Marie Green, Director,
Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by F. Douglas Sweetenberg, Sheriffs Office. The
Pledge of Allegiance was recited by all present.
122
February 23, 1999
-
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added an Executive Session item pursuant to Section 2.1-344 A
(3), disposition of real estate.
Chairman Johnson announced that instead of an executive session with the
School Board members, that there would be a joint work session.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1.. Proclamation declaring the week of February 22 - 25..1999 as
Social Services Eliaibility Worker Week in Roanoke c:øunty.
Chairman Johnson presented the proclamation to Director of Soci.al$ervices,
Dr. Betty McCrary, who introduced the eligibility workers who were present.
Supervisor Minnix moved to adopt the proclamation. The motiomcarried by
the following recorded vote:
AYES:
NAYS:
IN RE:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
NEW BUSINESS
1.. Reauest from the Roanoke Vallev Resource Authoritv tflDæQprove
amendments to the Member Use Aareement. lDiâIfte Hyatt.
Finance Director)
~
February 23, 1999
123
-
R-022399-1
Ms. Hyatt advised that the Roanoke Valley Resource Authority recently took
advantage of favorable market rates to refinance $20,000,000 of its outstanding original
revenue bonds, series 1992. This refunding was done in two $10,000,000 portions to
receive more favorable bank qualified rates and will save the Resource Authority
approximately $100,000 a year over the life of the debt. This, with other factors, will allow
the Resource Authority to reduce its tipping fee by $2.00 a ton for the 1999-200/0ibudget.
Ms. Hyatt explained that Crestar Bank, the purchaser of the refundlirng bond,
requires that the Members Use Agreement be amended to provide that all pro'visions of
the Members Use Agreement apply to the refunding bond.
In response to questions from the Board members, Ms. Hyatt rep¡!II!lted that
the total savings was $1,500,000; that the savings would be used to offset tip~ing fees;
and that the Resource Authority receives 88,000 tons of solid waste from all panficipating
localities with 33,000 tons from Roanoke County.
Supervisor Harrison moved to adopt the resolution. The motion aarried by
the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 022399-1 OF THE BOARD OF SUPERVISIIIRS OF
ROANOKE COUNTY, VIRGINIA AUTHORIZING THE THIRD AMeJEMENT
TO ROANOKE VALLEY RESOURCE AUTHORITY MEMBBIE USE
AGREEMENT
WHEREAS, the Roanoke Valley Resource Authority (the "AuthoJity"), the
County of Roanoke, Virginia (the "County"), the City of Roanoke, Virginia (the "~') and
124
February 23, 1999
-
the Town of Vinton, Virginia (the "Town") entered into the Roanoke Valley Resource
Authority Members Use Agreement dated October 23, 1991 (the "Members Use
Agreement"), as amended by the First Amendment to Roanoke Valley Resource Authority
Members Use Agreement, dated as of June 1, 1992, (the "First Amendment") and the
Second Amendment to Roanoke Valley Resource Authority Members Use Agreement,
dated as of December 2, 1996, (the "Second Amendment"), among the Authority, the
County, the City and the Town under which the Authority agreed to acquire, construct and
equip a regional waste disposal system consisting of a landfill and transfer station and
related structures and equipment (the "System"), and to provide financing therefor in order
to dispose of all nonhazardous solid waste delivered to the System by or on behalf of the
County, the City and the Town (collectively, the "Charter Members"); and,
WHEREAS, the Authority issued its $33,830,000 Solid Waste Revenue
Bonds, Series 1992 (the "1992 Bonds") to finance the System; and,
WHEREAS, the Authority issued its $10,000,000 Revenue Refunding Bond,
Series 1998 and its $10,000,000 Revenue Refunding Bond, Series 1999 (the "Refunding
Bonds") to refund portions of the 1992 Bonds and sold the Refunding Bonds to Crestar
Bank (the "Bank"); and,
WHEREAS, the Bank has requested that the Authority and the Charter
Members enter into a Third Amendment to Members Use Agreement (the "Third
Amendment") in order to provide that the provisions of the Members Use Agreement, as
amended by the First Amendment and the Second Amendment, applicable to the 1992
Bonds shall also be applicable to the Refunding Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA:
1 . Approval of Amendment. The Board of Supervisors hereby approves
the Third Amendment in substantially the form on file with the County Administrator. The
County Administrator and such officers and agents as he may designate are authorized
and directed to execute and deliver the Third Amendment and the Clerk to the Board of
Supervisors is authorized to seal and attest the Third Amendment with such changes as
such officers deem appropriate to carry out the purposes expressed therein.
2. Effective Date. This Resolution shall take effect immediately.
On motion of Supervisor Harrison to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA:
Supervisor Nickens requested a separate vote for Item 4.
-,
February 23, 1999
125
-
Supervisor Johnson moved to approve the first readings with Item 4 removed
for a separate vote, and set the second readings and public hearings for March 23, 1999.
The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
1.. Ordinance authorizing a Special Use Permit to conSitmuct mini
warehouses. located in the 7200 block of Barrens Roæil. Hollins
Maaisterial District. upon the petition of Vauahn Wilblllrn.
2. Ordinance authorizing a Special Use Permit to oper;øþ a used
automobile dealershiD.located at 7650 Williamson Ro-, Hollins
Maaisterial District. upon the Detition of Hash Investmamts LLC.
3. Ordinance to rezone apDroximately 10 acres from R~,and C-2
conditional to C-2 conditional for retail sales and.! <obtain a
Special Use Permit for fast food restaurants and diliilie-thrus.
located in the vicinity of Brambleton Avenue (Route2Z21! and
Electric Road (Route 419). Cave Spring Magisterial Disttiict. upon
the petition of SDringwood Associates LLC.
~ Ordinance to obtain a SDecial Use Permit to constmmt a high
school. located on the west side of Brambleton Aven',-. west of
Pleasant Hill Drive. south of Farmington Drive. Winl6<nr Hills
Magisterial District. upon the petition of Roanoke Counl¥' School
Board.
Supervisor Johnson moved to approve the first reading and set tt'Iæ second
reading and public hearing for March 23, 1999. The motion carried by th« ffollowin9
recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Johnson
NAYS:
Supervisor Nickens
126
February 23, 1999
-
5. Ordinance to rezone 14.7 acres from AG-1 to R-1 to construct
single familv detached residences. located on the west side of
Wildwood Road. north of 1-81. Catawba Magisterial District upon
the petition of Wildwood Development Inc.
6. Ordinance to rezone 11.66 acres from Co2 conditional to C-2
conditional to amend the existing condition and obtain a SDecial
Use Permit to construct a 160 foot cellular monopole tower.
located at 925 North Electric Road. Catawba Magisteñal District.
UDon the petition of Triton PCS (Pinkerton Chevrolet).
7. Ordinance authorizing a Special Use Permit to consnct a 120
foot cellular monopole tower. located at 1887 Eleclríic Road.
Windsor Hills Maaisterial District. UDon the petition of Triton PCS
(Good SheDherd Church).
8. Reconsideration of an Ordinance to rezone 11.93 acrestfrom AG-
3 to AR and obtain a Special Use Permit to allow a S-Ihole golf
course. located in the 2600 block of Rutrough RotMI. Vinton
Maaisterial District. UDon the petition of Randall WiJ- Brown.
9. Ordinance to rezone 456.6 acres from R-1. ResidentialllÐYlanned
Technologv Development District. for a busiE5S and
commercial Dark. located in the 5300 block of Glenmœrv Drive.
Catawba Maaisterial District. upon the petition of thœfRoanoke
County Board of Supervisors.
IN RE:
FIRST READING OF ORDINANCES
1.. First readina of ordinance authorizing auitclaim andiJl!!lease of
a 20-foot water line easement within the boundaries <llf'æelmont
Court and located between Lot 1. Block 1. Section 2. ....tflots 12
and 13. Block 1. Section 2 of Triple Crown Estates imeeVinton
Maaisterial District. (Arnold Covey. Community DèweHopment
Director)
'~
February 23, 1999
127
-
Assistant Director George Simpson reported that in August, 1994, C&D
Builders, Inc., the owner of the property subdivided the property. The 20-foot water line
easement lies within Section 2 and is beneath Belmont Court. In order for Belmont Court
to be accepted int the State Secondary Road System, the Virginia Department of
Transportation requires that the right-of-way be free and clear of any third party rights and
encumbrances. The quitclaim and release of the subject portion of the water line
easement would be subject to VDOT issuing a permit for the facilities.
Supervisor Nickens moved to approve the first reading and set th~ second
reading for March 9, 1999. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Ordinance amending Ordinance 090997-5 authori2!ÍlJg the
creation of and financing for a local public works imp/TGVement
proiect. Mountain Heights Water Proiect. (Paul Mahoneyr.(Countv
Attornevl
Mr. Mahoney reported that in October, 1999, Mr. Randy Grisso pJIIfChased
a home in the Mountain Heights "Project Service Area" at 1459 Mountain Hei~ Drive
in October 1998. The previous owners had declined to participate in the watær:project.
Mr. Grisso stated that the well on his property had failed and that on January 29;, 1999, he
requested connection to the County water system, and requested financiirm of the
128
February 23,1999
-
connection costs. Mr. Mahoney explained that this ordinance amends the Ordinance
090997 -5, to allow a new property owner in the "Project Service Area" who applies with
the Utility Director within three months of the acquisition of their property to p;articipate in
this public works improvement project. It would allow Mr. Grisso to participate, 10 receive
a reduction in the off-site facility fee, and to finance his cost to connect over.a 10-year
period at 8% interest.
There was a discussion among the Board members on whethelftll:1e public
works improvement ordinance should be amended to allow residents who move fmafter the
project has been approved to finance the connection and whether the financin¡¡¡s;hould be
extended to 10 years. It was the consensus of the Board to discuss amendiml¡tthe policy
in work session format and to move forward with first reading of this requesL
Supervisor Harrison moved to approve the first reading and seHIIIœ second
reading for March 9, 1999. The motion carried by the following recorded votE
AYES:
NAYS:
IN RE:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
SECOND READING OF ORDINANCES
1.. Second Reading of an ordinance aDDroving the eX-'se of an
option to purchase agreement with Salem Office Supp" imc.. for
propertv located at 400 East Main Street. across;; frrom the
Roanoke County Courthouse. in Salem. Virainra. (John
Chambliss. Assistant Administrator)
~
February 23, 1999
129
-
Mr. Chambliss reported that MarshWitt Architects and Engineers has worked
with staff to design the space at Salem Office Supply. They project that the renovation
will cost $506,720, compared to the staff estimate of $425,000. Mr. Chambliss described
the proposed renovations. The plans are to locate the Court Service Unit al!ld related
grant function offices in the new space, part of the Sheriffs Office, and storaiwe for the
Clerk of Circuit Court. Moving the Court Service Unit out of the Courthouse is :necessary
to allow the improvements previously approved by the Board which included rellœcation of
the Sheriff Administrative Offices, and the demolition of the Guy House anall :Sheriffs
Annex. The cost of the purchase and renovation of the Salem Office Supply iSEBtimated
at $851,720. The jail expansion project fund of $150,000 will be reappropriated,. $£20,000
will be appropriated from the Capital Fund Unappropriated Balance, and the t!IIælance of
$81,720 is recommended to come from the Unappropriated Fund Balance.
Supervisor Nickens suggested that there might be other property iml1hat area
that may be of interest to the Board of Supervisors and should be investigated I::Efore any
action is taken. He suggested discussing this in Executive Session and tablin9J:tlhe issue
until the evening session. This item was added to the Executive Session pwr$Uant to
Section 2.1-344 A (7) acquisition of real estate and item was tabled until thlHevening
session.
IN RE:
APPOINTMENTS
1.. Commission for Senior and Phvsically Challenged Ci1Iîíens
Supervisor Minnix asked Debbie Pitts, Assistant Director of Recn!Ealion, to
130
February 23,1999
-
recommend citizens to serve on this commission.
IN RE:
CONSENT AGENDA
R-022399-2
Supervisor Nickens moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 022399-2 APPROVING AND CONCURRING 1l1li CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGIBIlDA FOR
THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke Counll¥l,,\Virginia,
as follows:
1. That the certain section of the agenda of the Board of SuplBINisors for
February 23, 1999, designated as Item J - Consent Agenda be, and hereby i~,æpproved
and concurred in as to each item separately set forth in said section designalimJ Items 1
through 3, inclusive, as follows:
1. Approval of Minutes - January 23-24, 1999, January 26" 1ID99.
2. Request from Social Services to increase County vehidtE fleet for
Welfare Reform, Phase II.
3. Request to appropriate monies for Child Day Care Progr,æmsfor the
Department of Social Services.
2. That the Clerk to the Board is hereby authorized and dire!defd where
required by law to set forth upon any of said items the separate vote tabulattiilmfor any
such item pursuant to this resolution.
On motion of Supervisor Nickens to adopt the Consent Reso1UUïon, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
~
February 23, 1999
131
-
REPORTS
Supervisor Johnson moved to receive and file the following reports. The
motion carried by a unanimous voice vote.
IN RE:
1.. General Fund UnapDropriated Balance
2. Capital Fund UnaDpropriated Balance
3. Board Continaencv Fund
4. Future School Capital Reserve
5. Statement of Expenditures and Revenue for the month ended
Januarv 31.1999
6. Update of 1999-2000 Budaet Calendar
I Accounts Paid - January 1999
IN RE:
EXECUTIVE SESSION
At 4:00 p.m., Supervisor Johnson moved to go into Executive Session
pursuant to the Code of Virginia Section 2.1-344 A (7) pending litigation with General
Electric Company 2.1-344 A (3) discussion of the acquisition, disposition or use of real
estate for public purposes, purchase of a water system and Merriman Read ¡:Jroperty; 2.1-
344 A (7) to discuss a legal matter requiring the provision of legal advice by the County
Attorney and briefings by staff, namely, negotiation of an agreement with the Town of
Vinton; Section 2.1-344 A (5) to discuss the location of a prospective business or industry
in the County. The motion carried by the following recorded vote:
132
February 23, 1999
-
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
CERTIFICATION RESOLUTION
R-022399-3
At 5:00 p.m., Supervisor Johnson moved to return to open sessilCJlr.1, that the
Executive Session was held from 4:00 p.m. until 5:00 p.m., and adopt the (Certification
Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 022399-3 CERTIFYING EXECUTIVE MEETING UD\S HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Wiminia has
convened an executive meeting on this date pursuant to an affirmative record_wote and
in accordance with the provisions of The Virginia Freedom of Information ActI;;ænd
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires aa:ærtification
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 SlJI."!I!lMsOrS of
Roanoke County, Virginia, hereby certifies that, to the best of each member's ~Iedge:
1. Only public business matters lawfully exempted from op_ 'meeting
requirements by Virginia law were discussed in the executive meeting to; wmich this
certification resolution applies, and
2. Only such public business matters as were identified in:111Ee motion
convening the executive meeting were heard, discussed or considered by tltlefBoard of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification Resaidoon, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
....."
February 23, 1999
133
-
IN RE:
WORK SESSIONS
1.. Joint Work Session with School Board
The work session was held from 5:06 p.m. to 5:45 p.m. Present from the
School Board were William A. Irvin, III, Thomas Leggette, and Michael Stovall Marion
G. Roark and Jerry L. Canada arrived at 5:13 p.m. School Superintendent Deanna
Gordon was also present with other school administration staff. There was discussion on
the written agreement between the School Board and the Board of Supervisors concerning
the exchange of surplus property owned by the School Board at the Merriman Road site.
Several School Board members felt that a written agreement was not necessary to
complete the transaction, and they did not agree with certain portions of the alfJTeement.
After further discussion, it was the consensus of both bodies that the propos¡ed written
agreement be eliminated. Tom Leggette moved to surplus the property and dicmate it to
Board of Supervisors. The motion was seconded by Jerry Canada andl ;adopted
unanimously by the School Board. The Board of Supervisors agreed to pay the ,water and
sewer connection costs for the Woods End site of the proposed high schoo and to
eliminate the written agreement (Attachment D) in the item that would be considisred later
in the meeting.
IN RE:
RECESS
Chairman Johnson declared a dinner recess at 5:45 p.m.
IN RE RECONVENEMENT:
Chairman Johnson reconvened in Work Session at 6:10 p,m.
134
February 23, 1999
-
2. Work Session on Dotential uses for McDonald Farm
The work session was presented by Melinda Cox, Economic Development
Specialist, and Tim Gubala, Director of Economic Development. McDonald Farm is
owned by the Town of Vinton but located in Roanoke County. The County andi Town have
informally agreed to develop the property as a joint venture. In October of 1996, Hill
Studio of Roanoke and Abbott & Partners of Williamsburg were hired to condlLltlt a design
workshop with the community, which resulted in an architectural Master ConcΠl1t Plan. In
May, 1998, ZHA, Inc. was hired to conduct a marketing feasibility study of thælland uses
which was completed and presented on October 28, 1998. The land uses 'Mfiitch tested
well were Business Parcel Development and Retirement Housing Developrnœnt. Mr.
Gubala advised that they are ready to move ahead with preliminary engirt"lflÐring and
toward rezoning the property as Commercial. The Town and County will splii!fue cost of
rezoning and preliminary engineering. Supervisors Johnson and Nickens æ:fj¡¡ised that
they did not support 501 C3 non-profit charitable uses for the property.
It was the consensus of the Board to move forward with the 'I r£eliminary
engineering and rezoning process.
3. Work Session on the Capital Improvements Proaral1l1l{C.IP)
A list of CIP projects and the overall ranking by the CIP comrØtt¡æ were
presented by Brent Robertson, Budget Manager, and Steve Kleiber, Fina~¡. Analyst.
There was discussion on the value of the CIP when there is limited funding~ year.
~
February 23, 1999
135
-
However, Mr. Hodge felt that it was important to list the projects so that the Board and staff
know what needs to be done and when funding is available, they will have the information.
EVENING SESSION (7:00 P.M.)
IN RE:
PUBLIC HEARINGS
1.. Public Hearing to elicit citizen comment for items to be¡ included
in the budget for the 1999-2000 fiscal year.
No citizens spoke at this public hearing.
2. Public Hearing on the "effective tax rate increase" as auœsult of
increased assessed value of real estate.
No citizens spoke at this public hearing.
3. Public Hearing to set the following tax rates:
a. To set a real estate tax rate of not more thanllt.13 per
$100 assessed valuation.
No citizens spoke at this public hearing.
b. To set a personal Dropertv tax rate of not more t""'" $3.50
Der $100 assessed valuation.
No citizens spoke at this public hearing.
c. To set a machinery and tools tax rate of not ~ than
$3.00 per $100 assessed valuation.
136
February 23, 1999
~
No citizens spoKe at tnlS PUDIIC nearing.
PUBLIC HEARING AND SECOND READING OF ORDINANCES
1.. Second reading of ordinance to rezone 11.66 acres from C-2
conditional to C-2 conditional to amend the existingl condition
and obtain a Special Use Permit to construct a 160 fOlOlt cellular
monopole tower. located at 925 North Electric Road!. Catawba
Maoisterial District. UDon the petition of Triton PCS .C!P!inkerton
Chevrolet). {WILL NOT BE HEARD THIS EVENINGI
Chairman Johnson announced that this item would not be heard tthiii; evening
because it is being reconsidered by the Planning Commission.
IN RE:
2. Second reading of ordinance authorizing a Special Usefœrmit to
construct a 120 foot cellular monoDole tower. located! at 1887
Electric Road. Windsor Hills Magisterial District.. .on the
petition of Triton PCS (Good SheDherd Church). (WIL.UNOT BE
HEARD THIS EVENING)
Chairman Johnson announced that this item would not be heard tfi1ÏEœvening
because it is being reconsidered by the Planning Commission.
3. Second readino of ordinance authorizino a Special UseePreIThit to
"""
February 23, 1999
137
-
construct a 40 foot addition to an existino monopole tower.
located at 4135 West Main Street. Catawba Magisterial District,
upon the petition of Triton PCS (West Main). (Terry Harrington.
Countv Planner)
0-022399-4
Mr. Harrington reported that this proposal is an extension of an existing 120
foot tall monopole tower to 160 feet for placement of wireless communications antennae
on property zoned as 1-1 with conditions. There is an existing structure and tower on the
property. Access for the proposed project is via a private access road off West Main
Street. The Planning Commission expressed at their meeting that this type of co-location
is favorable to erecting a new tower. The Planning Commission recommended approval
of the Special Use Permit with seven conditions. Attorney Michael Pace was present to
answer any questions.
Supervisor Harrison moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022399-4 GRANTING A SPECIAL USE PERMIT TO TRITON
PCS, INC. (AS LESSEE) AND OHIO STATE CELLULAR PHONE CO. (AS
OWNER) TO ALLOW THE EXTENSION OF AN EXISTING
BROADCASTING TOWER AT 4135 WEST MAIN STREET (TAX MAP NO.
54.04-1-10.1), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Triton PCS, Inc. has filed a petition to allow the extension from
120 feet to 160 feet of an existing broadcasting tower in order to collocate on the tower
~
138
February 23, 1999
~
owned by Ohio State Cellular Phone Co. located at 4135 West Main Street (Tax Map No.
54.04-1-10.1) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing 01'11 this matter
on February 2, 1999; and made the following Findings of Fact:
(1) The proposed tower extension appears to meet the
requirements set forth in Section 30-87-2 of thle Roanoke
County Zoning Ordinance.
(2) The proposed tower extension is on property' zoned 1-1
Industrial, which has been designated as a prefenible zoning
district for this use.
(3) The proposed tower extension is a collocation om an existing
tower; Roanoke County seeks to reduce the prc>.1ieration of
towers by encouraging such collocations.
(4) The use is not anticipated to have any impact on tmefProvision
of public Services (fire and rescue, police, utilitie$».
(5) The proposed tower extension is outside the a:uittical view
sheds of the Appalachian Trail and Blue Ridge Pàdl.way.
(6) The proposed tower extension is providinQ] ædditional
communications options for the residents of thle fRoanoke
Valley and people passing through the area alcm¡¡:; a major
transportation corridor.
(7) The proposed extension is located on a tower tha1fJ¡lreviously
received approval, thus showing that this is æ, ffavorable
location for such a use.
WHEREAS, the Board of Supervisors of Roanoke County, Virg lttia, held a
first reading on this matter on January 26, 1999; the second reading and puäIíC.: hearing
on this matter was held on February 23, 1999.
NOW, THEREFORE BE IT ORDAINED by the Board of SURJ!lwisors of
Roanoke County, Virginia, as follows:
1. That the Board of Supervisors concurs in the Planning ct'Ør;vnission
"Findings of Fact" and further finds that the granting of a special use permit to Tiit(on PCS,
Inc. , as Lessee, and to Ohio State Cellular Phone Co., as Owner, to allow tneœxlension
of an existing broadcasting tower from 120 feet to 160 feet in order to collÓcatle on the
tower located at 4135 West Main Street (Tax Map No. 54.04-1-10.1) in ttteCCatawba
Magisterial District is substantially in accord with the adopted 1999 Comrnumity Plan
pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as a,rl...ud.>d, and
February 23, 1999
139
==ö
said Special Use Permit is hereby approved with the following conditions:
(1) The height of the proposed tower, excluding any antenna
attached to the tower shall not exceed 160 feet above grade.
Any extension of the existing tower above 160 feet shall
require a Special Use Permit.
(2) Any costs associated with relocating or modifying the tower
and related equipment resulting from the proposed! widening
of 1-81 shall be the responsibility of the applicant and/or owner
of the tower.
(3) The tower structure and all attached hardware shaill be a flat
matted color so as to reduce visibility and light reflection.
(4) No lighting shall be installed on the tower structure. Security
lighting may be provided on site, at a height not to aKœed 25
feet.
(5) This tower shall be structurally designed to carry' :sufficient
loading and the site shall be developed to accoml111lJldate the
additional equipment necessary for at least ttwm other
vendors/providers in order to minimize the prolifferkation of
towers in the vicinity of the site. In addition, by exetœrting the
Special Use Permit, the applicant and the owner GJftthe land
agree to make the tower and tower site available, Œor lease
within the structural capacity of the tower and at remsonable
costs adequate to recover the capital, operaaing and
maintenance costs of the tower location requirætl for the
additional capacity.
(6) If the use of the tower structure for wireless commtlllJications
is discontinued ,the tower structure shall be dismalllttled and
removed from the site within 30 days of notice by tHE'County,
and the Special Use Permit shall become void.
(7) The location of the tower structure and related equiprnænt shall
be as shown on the undated plan included with the a.ication
entitled "Equipment Plan and Elevation, Lee High~y RO-1-
413C, 4135 West Main Street, Salem, VA 24153," as¡.repared
by HSMM.
2. That this ordinance shall be in full force and effect thirty/,@Ð) days
after its final passage. All ordinances or parts of ordinances in conflict with the ¡:provisions
140
February 23, 1999
=
or tnlS orOlnance De, ana tne same nereby are, repealed. The Zoning Administrator is
directed to amend the zoning district map to reflect the change in zoning classification
authorized by this ordinance.
On motion of Supervisor Harrison to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
4. Second readino of ordinance to rezone 3.77 acres from C-1
Conditional to Co2 conditional to construct a restauratl'tt. located
on the north side of Electric Road. east of Colonnade' Corporate
Center II. Windsor Hills Magisterial District. upon the'R\IIetition of
Blue Ridge Cafe. LC. (Terry Harrington. County PlanlEl'j
0-022399-5
Mr. Harrington advised that the petitioners wish to construct a 4"tmO square
foot restaurant. The property was originally intended to be a part of the ·CIDlonnade
Corporate Center with two-story office buildings being built on this site and ttϾdjoining
site to the west. The petitioners are proposing to use an access easement liIrough an
adjoining property and will not be requesting any additional access points diiæctly onto
Route 419. The Planning Commission recommended approval with 10 condiiiDns.
Thomas Linden, LLC, presented the artist's rendering of the p,m;ject. He
addressed concerns that had been voiced at the Planning Commission regardlilg¡the 419
Frontage Development Plan. He advised that the Blue Ridge Cafe owners hæfj3) years
experience in the restaurant business.
~,
February 23,1999
141
-
In response to questions from the Board members, Mr. Harrington advised
that the entrance will be by the First National Exchange Bank.
Supervisor Johnson announced that he would be abstaining because of a
potential conflict.
Supervisor Nickens moved to adopt the ordinance. The motion ,carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson
ORDINANCE 022399-5 TO CHANGE THE ZONING CLASSIFICA\.1!110N OF
A 3.77-ACRE TRACT OF REAL ESTATE LOCATED ON THE INORTH
SIDE OF ELECTRIC ROAD, EAST OF COLONNADE CO~ORATE
CENTER II (TAX MAP NO. 76.16-1-39) IN THE WINDSaw HILLS
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATIOItII<DF C-1,
CONDITIONAL, TO THE ZONING CLASSIFICATION m C-2,
CONDITIONAL, UPON THE APPLICATION OF BLUE RIDGE CCfFE LLC
WHEREAS, the first reading of this ordinance was held on January/2m, 1999,
and the second reading and public hearing were held February 23, 1999; and,..
WHEREAS, the Roanoke County Planning Commission held a publÉhearing
on this matter on February 2, 1999; and
WHEREAS, legal notice and advertisement has been provided a$Œequired
by law.
as follows:
BE IT ORDAINED by the Board of Supervisors of Roanoke CountYf, 'Wirginia,
1. That the zoning classification of a certain tract of rE!lllI estate
containing 3.77 acres, as described herein, and located on the north side of Elea:lmc Road
east of Colonnade Corporate Center II (Tax Map Number 76.16-1-39) in the WimËOr Hills
Magisterial District, is hereby changed from the zoning classification of C-1, Cœmtional,
Office District, to the zoning classification of C-2, Conditional, General Ca.mmercial
District.
2. That this action is taken upon the application of Blue RüIIkJe Cafe
LLC.
3. That at the May of 1988 rezoning of this property the owner of the
142
February 23, 1999
~
property voluntarily proffered in writing the following conditions which the Board of
Supervisors of Roanoke County, Virginia, accepted and the Petitioner/Owner is now
requesting be removed:
A. rroject will be developed il'l 3ub3tal'ltial c()fIformity ·,.ith tMe 3ite
plan prepared by Cmie R03e Architects, submitted herewith.
ß. There will be no additional entral'lce/1!xit3 on Route 41 ::J.
C. Carccning and buffering ..ill be a3 propo3ed 01'1 the 3ite 5lan
of CFFlie R03e, Architects.
D. All lighting will be directed away from the aeljoil'liflg re3idential
property. rOle3 3hall not b6 more then 20 feet iflheight.
C. Ci§Flage '",iII be 3imilar in size and configuration to the exi3ting
3ign on rhase I.
r. No residential uses ..ill be placed on the property.
C. Architecture ..'ill be compatible with Colonnade Corporate
Center.
II. Dumpster 10catioFl fer rha3e 1 to be ap 5rerved in staff rev i8f,·.
4. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby
accepts:
A. Preliminary concept plan, prepared by Pierson Engineering &
Surveying, dated 11/14/98 is proffered.
B. There will be no additional entrance/exits on Route 419.
C. There will be minimum of 80 feet of natural ground cover
including trees and brush to be left on the rear of the property,
to be displaced only by necessary water drainage systems.
D. All lighting will be directed away from the adjoining residential
properties. Poles shall not be more than twenty feet in height.
E. One monument-type freestanding sign is permitted. Maximum
size of the monument sign is 40 square feet and ten feet in
height. The sign shall be ground lit.
~
February 23, 1999
143
-
F. No residential uses will be placed on the property.
G. Architecture-the exterior of the principal building shall be wood
frame with brick as indicated on the preliminary concept plan.
H. An easement across the front of the property connecting First
National Exchange Bank and Colonnade Corporate Center
shall be made available for purchase at a reasonable cost that
allows the petitioners to recover costs they incur associated
with the easement.
I. Dumpster location shall be screened and directed away from
adjoining homeowners.
J. There will be a minimum 50 foot buffer, containing either
natural ground cover including trees and brush or planted
materials, to be left on the west side of the property between
petitioner's site and the adjoining property as shown on the
proffered concept plan.
5. That said real estate is more fully described as follows:
BEGINNING at a point on the northerly side of Virginia Route 419 and the
southeast corner of property of Colonnade Corporate Center II; thence
leaving Virginia Route 419 and with the easterly line of Colonnade Corporate
Center II N. 07 deg. 51 min. 18 sec. E. 380.00 feet to a point on the easterly
line of property of The Hobart Companies, Ltd. (DB 1298, page 750); thence
along the easterly line of the property of The Hobart Companies, Ltd. N. 14
deg. 39 min. 00 sec. W. 275.43 feet to a point on Mud Lick Creek and the
southwest corner of Lot 15, Block 16, Section 4, Cresthill; thence S. 58 deg.
02 min. 00 sec. E. 256.70 feet to an old pipe on the southerly side of Lot 14,
Block 16, Section 4, Cresthill; thence N. 89 deg. 00 min. 00 sec. E. 168.72
feet to an old pin on the southerly side of Lot 13, Block 16, Section 4,
Cresthill; thence S. 70 deg. 50 min. 00 sec. E. 41.23 feet to a pin on the
northwesterly side of Tract 2; thence with the westerly line of Tract 2 S. 19
deg. 37 min. 09 sec. W. 559.22 feet to a point on the northerly side of
Virginia Route 419; thence N. 82 deg. 08 min. 42 sec. W. 222.00 feet to a
point of Beginning, said property being Tract 1, containing 3.7755 acres as
shown on the plat for Westclub Corporation dated August 18, 1994,
prepared by T.P. Parker & sons, which plat is of record in the Circuit Court
Clerk's Office in Plat Book 17, page 58.
6. That this ordinance shall be in full force and effect thirty (30) days
144
February 23, 1999
after its final passage. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is
directed to amend the zoning district map to reflect the change in zoning classification
authorized by this ordinance.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson
=
'--
5. Second readino of ordinance declaring a 5.111 acre 1I8rtion of a
lot frontino on Merriman Road and a 0.16 acre porttilm of a lot
ODDosite the intersection of Starkey Road and MerrilTl1Bl1 Road in
the Cave Spring Maoisterial District to be s'I~lus and
acceDtino/reiecting an offer for the exchange ofSll11'll! with
portions of propertv owned bv Charles R. Lemom&,Anne L.
Lemon and Curtis L. Lemon and Dorothy D. Lemom.. (Elmer C.
Hodge. County Administrator)
0-022399-6
Mr. Hodge reported that this is a request to accept the 11.10 an" tract of
land from the School Board and then to declare 5.1 acres of that tract su~;, and to
exchange that acreage with Plastics One for a 9 acre tract close to Back:, CrE'Oek and
$13,115 as the difference between the appraised values of the exchanged! prmperties.
This land exchange will provide an opportunity to build additional recreationat fia:ilities
adjoining Starkey Park; Plastics One will be able to expand its existing f.äciIìt''! by an
~
February 23, 1999
145
aaElII1Ðnûl ðU UUU aU L·1.:J~ S~'=IEJr8 H3el, ana 111 ÐJ(Snûngo Jor Ins :acngglE EbllfJll:d~Hl~ U18
land, the County will provide funding for the purchase of Woods End site and pay the
water and sewer connection fees for the new school.
Chairman Johnson announced that the Board of Supervisors and School
Board had met earlier and that the School Board had declared the property surplus. Mr.
Hodge also asked that the ordinance be amended to remove #1 in the ordinance and
eliminate the written agreement (Attachment D).
Supervisor Nickens advised that he felt that the public record should reflect
that the County will provide water and sewer connections to the new school at no cost to
the School Board, but Chairman Johnson responded that he did not feel that the
connections were part of this action.
Supervisor Minnix moved to adopt the ordinance as amended by Mr. Hodge
removing Attachment D and deleting #1 in the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022399-6 DECLARING A 5.111 ACRE PORTION OF A LOT
FRONTING ON MERRIMAN ROAD (PART OF TAX MAP NO. 97.01-2-11)
AND A 0.16 ACRE PORTION OF A LOT OPPOSITE THE INTERSECTION
OF STARKEY ROAD AND MERRIMAN ROAD (PART OF TAX MAP NO.
97.05-1-1) IN THE CAVE SPRING DISTRICT TO BE SURPLUS AND
ACCEPTING AN OFFER FOR THE EXCHANGE OF SAME WITH
PORTIONS OF PROPERTY OWNED BY CHARLES R. LEMON & ANNE
L. LEMON AND CURTIS L. LEMON & DOROTHY D. LEMON (TAX MAP
NOS. 97.01-2-10 & 97.01-2-12)
146
February 23,1999
-
WHEREAS, Charles R. Lemon, Curtis L. Lemon and their wives are owners
of two parcels of real estate in the Cave Spring Magisterial District totaling approximately
20 acres and each extending from Merriman Road to Back Creek and adjoining property
of the County of Roanoke and the Roanoke County School Board; and
WHEREAS, the Roanoke County School Board is owner of a parcel of real
estate of approximately 11 acres situated between the above described parcels owned by
the Lemon family; the Roanoke County School Board no longer foresees any potential use
of this parcel for future school construction or as a school bus lot and is willing to declare
this real estate as surplus and to deed this property to the Roanoke County Board of
Supervisors for use, in whole or in part, for parks, playing fields or other public purposes;
and
WHEREAS, the Board of Supervisors at its meeting on October 14, 1997,
appropriated funds for the design of Phase 1 of the proposed South County District Park
and authorized negotiations with the Lemon family for an exchange of real estate in order
to assemble a parcel of approximately 16 acres along Back Creek for the South County
District Park which would connect with two existing County park facilities as well as provide
for a park access road from the intersection of Merriman and Starkey Roads; and
WHEREAS, the Lemon family has indicated a willingness to exchange
approximately 9 acres of their two parcels closest to Back Creek for approximately 5 acres
of property owned by Roanoke County adjoining Merriman Road to facilitate the expansion
of their current manufacturing operations in the County and, in addition, to pay the County
an additional sum of $13,115.00 as the difference between the appraised values of these
exchanged properties; and
WHEREAS, the first reading of this ordinance was held on February 9, 1999;
and the second reading and public hearing for this ordinance will be held on February 23,
1999.
BE IT ORDAINED by the Board of Supervisors of the County of Roanoke,
Virginia, as follows:
1. That the County Admifli3trator i3 authorized to a§ree to afld execute
an a!jrccmeflt dated rebruary _' 1CJCJCJ, betweefl the County Cehool Board of Roanoke
Count}, Virgiflia, and the Board of Cuper.i3ers of Roafloke County, 'Jirgiflia, pro\iidiflg the
term3 for tMe con'v'eyanco of certaifl 3urplus propeRY fFGm the Cehool Doard to Roafloke
Couflty afld to accept on bel9alf of the Board of Cupervi30r3 of the County of Roafloke,
Virginia, the conveyance from the Count} School Doard of Reafleke County, Virginia, of
a parcel of fOal estate of apPF6ximately 11 acres, idofltifieel as all of Roaflol<c Couflty Tax
Map rarcel;¡' CJ7.01 2 11, in aeeordanœ ',.ith the tefffi3 of this agreement dated rebruary
_' 19CJCJ, all of 'v.Mich sMail be of such form as approved by the; County Attorfley, afld to
record 3uch deed; afld
12. That pursuant to the provisions of Section 16.10 of the Charter of
Roanoke County, Ch. 617, 1986 Acts of Assembly, the subject properties, as more
particularly described below, having been made available and deemed unnecessary for
~"
February 23,1999
147
other public uses, are hereby declared surplus; and
23. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading was held on February 9, 1999; and a second reading and
public hearing was held on February 23, 1999, concerning the exchange of a 5.111 acre
parcel of real estate, being a portion of a lot fronting on Merriman Road (part of Tax Map
No. 97.1-2-11), which the County School Board of Roanoke County, Virginia, is willing to
declare as surplus and to convey to the Board of Supervisors of the County of Roanoke,
and a 0.16 acre portion of a lot lying south and east of a new park access road to be
constructed opposite the intersection of Starkey Road and Merriman Road (part of Tax
Map No. 97.05-1-1), property of the Board of Supervisors of the County of Roanoke, for
two parcels of land containing 5.015 acres and 4.128 acres, respectively, owned by
Charles R. Lemon and Anne L. Lemon and Curtis L. Lemon and Dorothy D. Lemon (part
of Tax Maps No. 97.01-2-10 and 97.01-2-12), as shown on a plat of survey prepared by
Lumsden Associates, P.C., dated February 26, 1998; and
34. That an offer in writing having been received to exchange said
properties, the offer of Charles R. Lemon & Anne L. Lemon and Curtis L. Lemon & Dorothy
D. Lemon is hereby accepted, and further the terms of the Contract of Sale and Exchange
Agreement dated May 29, 1998, are hereby confirmed as the binding terms for the
completion of this exchange of real estate; and
45. That as a condition of this exchange, Charles R. Lemon & Anne L.
Lemon and Curtis L. Lemon & Dorothy D. Lemon and the County of Roanoke have agreed
to execute an exchange of easements in order to provide such drainage easements and
temporary construction easements as shall be necessary for drainage improvements to the
properties of both parties and to provide an easement for ingress and egress over property
of Roanoke County for fire protection and other public safety needs of the currently
existing Plastics One facility on property retained by the Lemons; and
56. Further, as a condition of this exchange, Charles R. Lemon & Anne
L. Lemon and Curtis L. Lemon & Dorothy D. Lemon have agreed to enter into an
agreement for the sharing of cost on an equal, 50-50, basis of all reasonable drainage
improvements which shall be located upon the property of Roanoke County adjacent to the
remaining property of the Lemons subsequent to this exchange. Roanoke County will be
responsible for maintenance of these drainage improvements and will provide reasonable
opportunity for the Lemons to review the design and bid documents prior to the public
procurement process.
6ïZ. That the County Administrator, or an Assistant County Administrator,
is authorized to execute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the property exchange, specifically including the
conveyance and acquisition of respective properties, all of which shall be of such form as
approved by the County Attorney.
78. That this ordinance shall be in full force and effect from its passage.
On motion of Supervisor Minnix to adopt the ordinance as amended by Mr.
Hodge removing Attachment D and deleting #1 in the ordinance, and carried by the
148
February 23,1999
~
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
6. Second readino of ordinance to vacate a 20-foot samitarv sewer
easement recorded in Deed Book 20. Page 89. Section 12.
Carriage Homes of Canterbury Park and a portion d ,a 20-foot
sanitary sewer easement recorded in Book 15. Page 111111. Section
9. Kensington of Canterburv Park. lot 18A. (Tax Mapll!lo. 86.01-
10-18) and located in Windsor Hills Magisterial Distrièát. (Amold
Covey. Community DeveloDment Directorl
0-022399-7
There were no changes and no discussion. No citizens werÆwresent to
speak.
Supervisor McNamara moved to adopt the ordinance. The mcdliJ:¡n carried
by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022399-7 TO VACATE A 20-FOOT SANITAI8'SEWER
EASEMENT, PLAT BOOK 20, PAGE 89 (SECTION 12, ,CAIRRIAGE
HOMES OF CANTERBURY PARK), AND A PORTION OF :Al2tG-FOOT
SANITARY SEWER EASEMENT, PLAT BOOK 15, PAGE 11CØ(\SŒCTION
9, KENSINGTON OF CANTERBURY PARK), LOCATED aa L1.OT 18,
SECTION 12 OF CARRIAGE HOMES OF CANTERBURY PIIIm(, AND
FURTHER SHOWN ON LOT 18-A ON RESUBDIVISION ß.'LAT OF
CARRIAGE HOMES OF CANTERBURY PARK, PLAT BOOK 2T;Pí'AGE 26,
~
February 23,1999
149
-
IN THE WINDSOR HILLS MAGISTERIAL DISTRICT (TAX MAP NO.. 86.01-
10-18)
WHEREAS, by subdivision plat entitled 'PLAT OF SUBDIVISION FOR
SECTION NO. 12, "CARRIAGE HOMES OF CANTERBURY PARK''', dated October 20,
1997, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia,
in Plat Book 20, page 89, a twenty-foot (20') sanitary sewer easement was shown and
created on Lot 18, the subject easement being designated on said plat as wNEW 20'
S.S.E."; and,
WHEREAS, by said subdivision plat entitled 'REVISED PLAT SHOWING
KENSINGTON OF CANTERBURY PARK, SECTION NO.9', dated May 6, 11993, and
recorded in the aforesaid Clerk's Office in Plat Book 15, page 110, a twenty-foot (20')
sanitary sewer easement was shown and created along the boundary line of Lc¡ts 14 and
15 and extends in a northerly direction outside the boundary lines of the subdhvision, the
subject easement being designated on said plat as "NEW 20' SANITARY SEWER
EASEMENT"; and
WHEREAS, the subject easements are further shown on Lot 18-A\of 'PLAT
SHOWING THE RESUBDIVISION OF ORIGINAL LOTS 18,19,20 AND 21, SECTION
NO. 12, "CARRIAGE HOMES OF CANTERBURY PARK''', dated February 23, 1~98, and
recorded in the aforesaid Clerk's Office in Plat Book 21, page 26; and,
WHEREAS, the Petitioner, Boone, Boone and Loeb, Inc., ænd Palm
Hermitage Corporation, are the current owners of Lot 18-A, Section 12, Carriag e Homes
of Canterbury Park, and have requested that the above-described existing 2Œf sanitary
sewer easements, or portions thereof, be vacated; and,
WHEREAS, the construction of a proposed dwelling on Lot 18-A wtill result
in an encroachment on the subject sanitary sewer easements and the Petitiomers have
requested that they be vacated pursuant to § 15.2-2272.2 of the Code of Virgimia (1950,
as amended); and,
WHEREAS, this vacation will not involve any cost to the Counti.y and the
affected County departments have raised no objection; and,
WHEREAS, notice has been given as required by § 15.2-2204 off the Code
of Virginia (1950, as amended), and the first reading of this ordinance wa$ neld on
February 9,1999, and the public hearing and second reading of this ordinancæwas held
on February 23, 1999.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supæmsors of
Roanoke County, Virginia, as follows:
1. That the sanitary sewer easements being designated and :'tlhown as
"Easement to be Vacated" on Exhibit A attached hereto, said easements ha"illÎl1g been
dedicated on 'PLAT OF SUBDIVISION FOR SECTION NO. 12, "CARRIAGE H€IIIIIES OF
CANTERBURY PARK"', dated October 20, 1997, and recorded in the aforesæîd Clerk's
Office in Plat Book 20, page 89, "REVISED PLAT SHOWING KENSING;!fON OF
150
February 23, 1999
-
CANTERBURY PARK, SECTION NO.9', dated May 6, 1993, and recorded in the
aforesaid Clerk's Office in Plat Book 15, page 110, and further shown on 'PLAT SHOWING
THE RESUBDIVISION OF ORIGINAL LOTS 18, 19, 20 AND 21, SECTION NO. 12,
"CARRIAGE HOMES OF CANTERBURY PARK''', dated February 23, 1998, and recorded
in the aforesaid Clerk's Office in Plat Book 21, page 26, in the Windsor Hills Magisterial
District of the County of Roanoke, be, and hereby are, vacated pursuant to § 15.2-2272
of the Code of Virginia (1950, as amended), subject to the conditions contained herein.
2. That all costs and expenses associated herewith, including but not
limited to publication, survey and recordation costs, shall be the responsibility of the
Petitioner.
3. That the County Administrator, or an Assistant County Administrator,
is hereby authorized to execute such documents and take such actions as may be
necessary to accomplish the provisions of this ordinance, all of which shall be on form
approved by the County Attorney.
4. That this ordinance shall be effective on and from the date of its
adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of
the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the
Code of Virginia (1950, as amended).
On motion of Supervisor McNamara to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
7. Second Reading of an ordinance approvino the exercise of an
option to purchase aoreement with Salem Office Supplv. Inc.. for
property located at 400 East Main Street. across from the
Roanoke County Courthouse. in Salem. Viroinia. (John
Chambliss. Assistant Administrator)
This item was tabled in the afternoon in order to discuss in Executive Session
the potential to investigate other property in Salem.
February 23,1999
151
-
Mr. Chambliss requested that the Board extend the option to purchase for
three months at a cost of $2,000 which would be applicable to the purchase price of the
property.
Supervisor Harrison moved to extend the option to purchase Salem Office
Supply for three months at a cost of $2,000. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Nickens: He asked Mr. Hodge to follow up on correspondence
concerning the possible loss of a post office in Vinton. He felt that it was important to be
assertive in this situation.
Supervisor McNamara: He announced that there was a community meeting
scheduled for Wednesday, February 24 at 7 p.m. at Cave Spring Junior High School to
hear plans for the new South County High School, and that there will be an artist's
rendering of the school at the meeting.
Supervisor Minnix: (1) He advised that he had received complaints from the
people who live near the mulch grinding business who have complained that the odor has
become very bad. He asked staff to investigate. (2) He recently toured the Transportation
Museum and was impressed. He encouraged the Board members to take a tour and for
152
February 23,1999
-
citizens to visit both the Transportation Museum and Explore Park. He felt that both will
contribute toward Roanoke Valley becoming a tourist destination.
Supervisor Harrison: (1) He advised that he will also be touring the
Transportation Museum. (2) He asked Mr. Hodge to investigate a sewer backup on North
Spring Street in North Lakes. (2) He wished the Glenvar High School teams good luck in
their regional playoffs. (3) He announced that this weekend Glenvar High School and
Salem High School will jointly hold one-act plays with the proceeds going to help a cancer
victim. He felt this was an excellent example of cooperation.
SUDervisor Johnson: He announced that he has lost his DayTimer
calendar and apologized if he misses any appointments.
IN RE:
ADJOURNMENT
At 7:45 p.m., Chairman Johnson adjourned the meeting to 12:15 p.m. on
Tuesday, March 9, 1999, at the Roanoke County Administration Center for a joint meeting
with the Roanoke City Council.
Submitted by,
Approved by,
~~H.~
Mary H. Allen, CMC/AAE
Clerk to the Board
---