9/8/1998 - Regular
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September 8,1998
575
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
September 8, 1998
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the second Tuesday, and the first
regularly scheduled meeting of the month of September, 1998.
N RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:07 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; 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 John M. Chambliss, Jr., Assistant Administrator.
The Pledge of Allegiance was recited by all present.
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September 8,1998
INRE:
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REQUESTS TO POSTPONE, ADD TO, OR CHANGE 1 HE OKUt:K 01-
AGENDA ITEMS
Mr. Mahoney added an Executive Session item pursuant to the Code of
Virginia Section 2.1-344 A (7) consultation with legal counsel, Roanoke County versus
Wayne Engineering.
Supervisor Nickens requested the addition of a new business item to
reconsider the rezoning and special use permit for Home Depot. He noted that he voted
on the prevailing side in the denial of the rezoning at the previous meeting. Supervisor
McNamara took exception because under Roberts Rules of Order, reconsideration must
be brought back the same day or in the same session. He opposed the addition of this
item to the agenda. Chairman Johnson ruled that Supervisor McNamara was out of order.
Supervisor McNamara moved to appeal the Chairman's ruling on
reconsideration. The motion was defeated by the following recorded vote:
Supervisors McNamara, Minnix,
Supervisors Harrison, Nickens, Johnson
Supervisor McNamara requested the addition of a resolution to Item 1 under
New Business dealing with the location of proposed interstate 73. Supervisor Nickens
objected, feeling this addition was out of order. Supervisor Nickens withdrew his objection,
and the resolution was added by unanimous consent of the Board.
AYES:
NAYS:
,
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
.L Presentation of plaaue from Virainia Amateur Sports to the
September 8,1998
577
(;ounty of Roanoke for their contributions to the 1998
Commonwealth Games. (Peter Lamoman. President!
Mr. Peter Lampman presented the plaque to Chairman Johnson and the
Board members.
He also reported on the games, advising there were 10,119 athletes, an
increase of 3%, participating in 45 sports. Over 69,000 athletes have competed in the
Games in the past nine years. The total visitor related tax revenues are estimated at
$233,566.
IN RE: BRIEFINGS
.L Uodate on public health services offered by the Health
Department. /Dr. Mollv Rutledge. Health Director)
Dr. Rutledge presented a public health report card prepared by her
department as of June 1998 which shows that Roanoke County is the healthiest
community in her districts. This is primarily because of good management practices and
the socio-economic level of Roanoke County. She provided copies of the Health
, Department report card for both public health and the environment.
2. Update on the Regional Wastewater Treatment Plant. (Gary
Robertson. Utility Director)
Mr. Robertson updated the Board on the treatment plant, advising that the
consent order between the Roanoke Valley and EPA mandates that the project be
complete by December 31, 1999. The cost has increased from $42 million to $53 million
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September 8,1998
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ana IS estlmatea to De $00 Million when the contracts are awarded. This Includes a $.3.7
million contingency fund. Roanoke County's share has increased from $15 million to $19
million. Mr. Robertson provided the status on the various components of the project.
IN RE:
NEW BUSINESS
.L Prooosed routes of Interstate 73 through the Roanoke Vallev.
(Elmer C. Hodge. County Administrator)
R-090898-1
Mr. Hodge reported that there were three alternative routes for Interstate 73
or a "No Build" option. He noted that the central route has three alternatives. One would
pass through the Penn Forest area, another through the Hunting Hills area and a third
through the Mount Pleasant area. He advised that State Senator John Edwards and the
Regional Chamber of Commerce will both be holding meetings on 1-73 in the near future.
Chairman Johnson explained that this was not a public hearing but if the
Board members agreed, the citizens would be allowed to speak. There was consensus
to allow the citizens to speak. The following citizens spoke:
1. General Assemblv Delegate Morgan Griffith expressed support for the
proposed interstate and recommended waiting until the VDOT study is completed next
spring before making a specific recommendation. He encouraged the citizens to stay
involved.
2. Frankie Mitchell Robbins. 620 Hiah Street Salem requested that the
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September 8,1998
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Board adopt a resolution opposing the western route.
3. Charles Blankenship. 5215 SUÇJarloaf Drive. recommended that the Board
wait until VDOT completes their study. At that time the public will have 45 days to
respond. He was opposed to the western route.
4. Mark Peterson 2715 10th Street NW. recommended upgrading Interstate
581 and 220 to interstate standards.
5. Alan Gleiner. 10185 Bottom Creek Road. representing the Roanoke
County-Salem Impact Network, described the history of the project since 1975. He
advised that Bedford and Botetourt Counties adopted resolutions in opposition and the
Board needs to speak out now. He collected over 600 signatures on a petition supporting
the 1-581 corridor.
6. Eleanor Laskv. 6725 Parkway Drive, expressed support for the 1-581/220
route.
7. Ann Roaers. 6347 Back Creek Road Boones Mill. reported that Highway
Transportation System money could be used to fix Route 220. She also urged the Board
members to consider supporting an intermodal rail terminal as an alternate and suggested
they discuss this with the Virginia Department of Rail and Public Transportation.
8. Annie Krochalis. 9428 Patterson Drive. Bent Mountain, spoke in
opposition to the western route and suggested that the Board hold a public hearing to get
citizen comments before supporting any of the options.
Supervisor McNamara requested support for the resolution and pointed out
it was similar to the resolution the Board has adopted three times in the past. Supervisor
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September 8,1998
Minnix ädvlsed he WäS nut in FäVUI ur [he "'Mu l'Iuild" uption. He pointed OUt that the Board
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is limited in being able to influence the decision. Delegate Griffith described the
difference between the National Highway System and the Interstate Systems.
There was a discussion on amending the motion to be more specific in
describing the supported option and to express opposition to the "No Build" option.
Supervisor Nickens advised he feels nothing has changed since the last time a resolution
was approved. Supervisor McNamara offered a suggested amendment to the resolution
that would make the resolution more specific.
Supervisor McNamara moved to adopt the resolution as amended. The
motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison
NAYS:
Supervisors Nickens, Johnson
RESOLUTION 090898-1 SUPPORTING THE 1-581 AND ROUTE 220
SOUTH CORRIDOR FOR 1-73 THROUGH THE ROANOKE VALLEY
WHEREAS, the Commonwealth Transportation Board has previously
, selected Alternative Corridor 6A which generally follows Route 220, the proposed "Smart
Highway" and Route 460 to the West Virginia state line west of Narrows as the location
for the proposed 1-73 north-south interstate connecting Detroit to Charleston, SC; and
WHEREAS, the Roanoke County Board of Supervisors has previously
indicated its support of a refined corridor for 1-73 which would follow the present location
of Route 220 into the City of Roanoke and then overlap the present Interstate 581,
Interstate 81, the proposed "Smart Highway" and Route 460 to West Virginia on at least
two occasions as set forth in its Resolution 112294-1 of November 22, 1994 and
Resolution 032498-6 of March 24, 1998; and
WHEREAS, the Virginia Department ofTransportation (VDOT) has released
an "1-73 Location Study: Alternatives for Future Study" which identifies more specific
proposals for the potential corridor location of 1-73 through the Roanoke Valley and is in
the process of accepting public comments upon these proposed corridors in preparation
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September 8,1998
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for the final design work for this project.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, strongly reiterates its prior recommendation to build 1-73 and
that the selected corridor for 1-73 immediately follows the existing corridor of Route 220
into the City of Roanoke, and then overlaps Interstate 581, Interstate 81, the proposed
"Smart Highway" and Route 460 to the West Virginia state line near Narrows. This
recommended corridor would utilize existing road corridors wherever possible, on routes
that are already designated for improvement which would thereby reduce the cost of
construction and the expenses associated with additional land expropriation.
BE IT FURTHER RESOLVED that VDOT be requested to hold at least one
additional public information session for the specific purpose of allowing the citizens of
Roanoke County an opportunity to comment upon VDOT's proposed corridor locations for
1-73 which may directly affect the residences and business locations of Roanoke County
citizens.
FURTHER, the Board of Supervisors directs that copies of this resolution be
forwarded to the Virginia Department of Transportation, the Interstate Route 73
Communications Committee of the General Assembly and the Roanoke Valley Business
Council.
On motion of Supervisor McNamara to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison
NAYS: Supervisors Nickens, Johnson
2. Authorization to aoolv to the Virginia Public School Authority for
$7.965.000 previouslv aDoroved for Clearbrook School.
Burlington School. Bonsack School and roof repairs. (Diane
Hyatt. Finance Director!
R-090898-2
Ms. Hyatt reported that on August 19,1997, the Board authorized the School
Board to proceed with Phase 1 of the School Capital Improvement Program as outlined in
the Blue Ribbon Committee Report. Included in Phase I were renovations to Burlington
and Clearbrook Elementary Schools and construction of a school in Bonsack. The funds
are now being requested through a VPSA application. They are: Bonsack Elementary -
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September 8,1998
$2 ~23,~ZO DurlllIgtOII Lien ,entaF) r6f1evBtlðFl3 $;¿,G~I,1 00, GleerbrooK Llementary -
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$2,581,620; and roof replacements - $200,000; for a total of $7,962,240.
There was no discussion and Supervisor Nickens moved to adopt the
resolution to apply to the Virginia Public School Association. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 090898-2 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE AUTHORIZING AN APPLICATION TO THE
VIRGINIA PUBLIC SCHOOL AUTHORITY
WHEREAS, the Roanoke County School Board ("School Board") and the
Board of Supervisors ("Board of Supervisors") of the County of Roanoke, Virginia
("County") have determined that it is advisable to contract a debt and issue general
obligation bonds of the County in an amount not to exceed $7,965,000 to finance certain
capital projects for public school purposes and to sell the Bonds to the Virginia Public
School Authority ("VPSA").
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA:
1. The County Administrator is authorized and directed to execute and
deliver an application to the VPSA in order to sell the Bonds to the VPSA at the Fall 1998
VPSA bond sale.
2. The Board of Supervisors adopts this declaration of official intent
under Treasury Regulations Section 1.150-2. The Board of Supervisors reasonable
expects to reimburse advances made or to be made by the County or the School Board
to pay the costs of acquiring, constructing and equipping the capital projects for school
purposes from the proceeds of its debt or other financings. The maximum amount of debt
or other financing expected to be issued for such improvements is $7,965,000.
3. This resolution shall take effect immediately.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
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September 8,1998
583
3. Authorization to aoply to the Virginia Public School Authority
Literary Fund Subsidy Bond Sale for $5.000.000 for Bonsack
Elementarv School Loan. (Diane Hvatt. Director of Finance)
R-090898-3
Ms. Hyatt reported that the School Board has filed an application for a
Literary Loan of $5,000,000. The VPSA plans to move forward with an interest rate
subsidy bond issue in conjunction with the VPSA fall issue. The interest rate subsidy sale
would enable the County to receive VPSA funds this fall at the same interest rate (4%) that
is currently available through the Literary Loan process.
Supervisor Johnson moved to adopt the resolution to apply to VPSA to
participate in the Fall Literary Loan subsidy bond sale. The motion carried by the following
recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 090898-3 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE AUTHORIZING AN APPLICATION TO THE
VIRGINIA PUBLIC SCHOOL AUTHORITY FOR LITERARY FUND
SUBSIDY FINANCING
WHEREAS, the Roanoke County School Board ("School Board") has an
application for financing the Bonsack Area Elementary School project (the "Project") in the
amount of $5,000,000 on the Literary Fund First Priority Waiting List for which it currently
desires to proceed with financing; and
WHEREAS, the School Board has received an application for the Virginia
Public School Authority ("VPSA") Fall 1998 subsidy sale, and the School Board and the
Board of Supervisors ("Board") of the County of Roanoke, Virginia ("County") have
determined that it is advisable to contract a debt and issue general obligation bonds of the
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September 8,1998
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I.;ounty In an amount not to exceea $o,uuu,uuu to finance me t-'roJect ("'I: Onds'") and to sell
the Bonds to the Virginia Public School Authority ("VPSA") pursuant to the Fall 1998
Literary Fund subsidy sale;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA:
1. The County Administrator is authorized and directed to submit an
application to the VPSA in order to sell the Bonds to the VPSA at the 1998 VPSA Literary
Fund subsidy bond sale.
2. This resolution shall take effect immediately.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
4. Reauest to advance funds for renovation of science labs at Cave
Sorino. Northside and Glenvar Hioh Schools. /Dr. Deanna
Gordon. School Suoerintendent)
R-090898-4
This item would advance $2,170,600 for science lab renovations at Cave
Spring, Northside and Glenvar High Schools. The County has advanced funds of
$14,260,240 for Phase I construction including $104,000 for the science labs. This
request will complete the budget for the science lab renovations. Dr. Gordon was present
,
to answer questions. She noted that this project will come in within the budget proposed
by the Blue Ribbon Committee.
Supervisor Nickens advised that the Steering Committee requested backup
information on this project a week ago and just received it today. Dr. Gordon explained
what the costs would cover for the science labs.
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September 8,1998
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There was discussion on whether the School Board needed the full amount
at this time. Dr. Gordon pointed out that the $35,000 for architecture and engineering had
already been encumbered.
Supervisor Nickens moved to adopt the resolution advancing funds with the
understanding that the appropriation is for $2,170,600 with $316,040 to be escrowed for
A&E technology, equipment and programming when recommended by the Construction
Steering Committee, for a net advance at this time of $1,854,560. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 090898-4 TO ADVANCE FUNDS FOR CERTAIN
EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH
THE ACQUISITION, RENOVATION, CONSTRUCTION AND EQUIPPING
OF CERTAIN CAPITAL IMPROVEMENTS FOR SCHOOL PROJECTS
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the
"County Board") adopted a resolution on August 19, 1997 declaring its intention to
reimburse itself from the proceeds of one or more tax-exempt financings for certain
expenditures made and/or to be made in connection with the acquisition, renovation,
construction and equipping of certain capital improvements for school projects, and
WHEREAS, the School Board (the "School Board") of the County of
Roanoke, Virginia (the "County") adopted a resolution on August 28, 1997 declaring its
intention to reimburse itself from the proceeds of one or more tax-exempt financings for
certain expenditures made and/or to be made in connection with the acquisition,
renovation, construction and equipping of certain capital improvements for school projects,
and
WHEREAS, The School Board requested an advance of $ 50,000 on
September 11, 1997 for environmental assessments, advertising costs for architects and
engineers, core drillings, and other costs related to the acquisition of land in South County,
and
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September 8,1998
"
'yVHEREA3, lIlC Cuullly DOdl J ðppl Ôvêd tI,i! $CQ,QOO ðdvC2IICé 011 SeptêlllbeF
23, 1997, and
WHEREAS, the School Board requested an additional advance of
$1,721,200 on November 13, 1997 to hire architects to design various school projects, and
WHEREAS, the County Board approved this $1,721,200 additional advance
on November 18,1997, and
WHEREAS, the School Board requested an additional advance of $130,000
on November 13, 1997 to hire architects to begin renovations to the science labs, and
WHEREAS, the County Board approved a $104,000 additional advance on
December 16, 1997,and
WHEREAS, the School Board requested an additional advance of $200,000
to hire contractors to begin a roof replacement program, and requested the amendment
of Exhibit A of County Resolution 081997-1 to appropriately reflect the roof replacement
program included in the Blue Ribbon Commission Report, and
WHEREAS, the County Board approved this $200,000 additional advance
on April 28, 1998, and the amendment to Exhibit A of County Resolution 081997-1, and
WHEREAS, the School Board requested additional advances of $2,454,420
to begin construction at Clearbrook Elementary and $2,517,100 to begin construction at
Burlington Elementary on May 14, 1998, and
WHEREAS, the School Board requested an additional advance of
$7,213,520 to begin construction at Bonsack Elementary on June 18,1998, and
WHEREAS, the County Board approved additional advances of $2,454,420
for Clearbrook Elementary, $2,517,100 for Burlington Elementary, and $7,213,520 for
Bonsack Elementary on June 26, 1998, and
WHEREAS, the School Board is now prepared to award the construction bids
for the science labs at Cave Spring High, Northside High, and Glenvar High and will need
an additional advance of $2,170,600,
NOW THEREFORE BE IT RESOLVED that the County Board will advance
the additional sum of $2,170,COO $1,854,560 to the School Board for renovation of the
science labs at Cave Spring High, Northside High, and Glenvar High.
On motion of Supervisor Nickens to adopt the resolution advancing funds
with the understanding that appropriation is for $2,170,600 with $316,040 to be escrowed
for A&E technology, equipment and programming when recommended by the Construction
Steering Committee, for a net advance of $1,854,560, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
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5. Request from Total Action Against Povertv (TAP) for $9.650
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September 8,1998 587
appropriation for the Transitional Livina Center. (Vincent
Copenhaver. Finance Manaaer)
A-091898-5
Mr. Copenhaver reported that the TAP Transitional Living Center was started
in 1988 to provide housing for the homeless. They are facing a three month revenue
shortfall of $57,900 because of the denial of HUD funds to the Roanoke Valley Continuum
of Care. Roanoke City has committed $38,600 in CDBG funds to cover two months of
funding. United Way has proposed that Roanoke County and United Way share the cost
of the third month's shortfall. The County's share would be $9,650. Staff recommends that
the Board approve the $9,650 appropriation from the Board Contingency Fund.
Supervisor Johnson moved to approve the $9,650 appropriation. The motion
carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
6. Reconsideration of rezonina request and Special Use Permit for
Home Depot. (Second reading of ordinance to rezone
aooroximatelv 20 acres from R-1. R-2 and C-2 conditional to C-1
and C-2. General commercial. for the puroose of aeneral retail
and service uses (Home Depot!. located in the vicinity of
Brambleton Avenue (Route 221) and Electric Road (Route 419).
Cave Sprina Magisterial District. upon the petition of Roanoke
County Board of Supervisors.
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September 8,1998
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0-09089 !-6
Supervisor Nickens explained that he had previously voted on the prevailing
side of the denial of the Home Depot rezoning and is now requesting reconsideration of
the denial. He has looked at this project from various aspects and feels it would be good
use of the land and good use of the project. His purpose in voting to deny at the previous
meeting was to be able to reconsider the issue. He asked Supervisor Johnson about his
Conflict of Interest.
Supervisor Johnson announced that he had previously abstained from voting
because a realtor with his real estate firm was responsible for assembling the contracts
that would provide the acreage for Home Depot. He therefore abstained because of a
Conflict of Interest. Since the last meeting, he has turned over all files in regard to
property acquisitions to Springwood Associates and removed himself from any fiduciary
responsibility. He no longer has any financial interest and no one associated with his firm
has any financial interest. He will receive no compensation or commissions now or in the
future from this project. Supervisor Johnson advised that he provided this information and
documentation to the County Attorney who rendered an opinion that his conflict has been
removed and he could participate in these transactions.
Supervisor McNamara pointed out that the Board had just received Mr.
Mahoney's letter, and asked for time to read the County Attorney's opinion. His request
was denied by Chairman Johnson. Supervisor McNamara also suggested a delay in
taking action. Chairman Johnson denied the request to delay.
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September 8,1998
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Supervisor McNamara moved to appeal the Chairman's ruling. The motion
was defeated by the following recorded vote:
AYES: Supervisors McNamara, Minnix
NAYS: Supervisors Harrison, Nickens, Johnson None
Supervisor Nickens advised that his understanding was that this meeting was
the only time that the Board could reconsider this issue; and if they did not reconsider at
this meeting, the rezoning petition could not be considered for one year. Chairman
Johnson agreed with Supervisor Nickens. In response to a question from Supervisor
Nickens, Mr. Hodge advised that Home Depot is still interested in locating at the proposed
site.
,
Supervisor Nickens moved to reconsider the rezoning petition that was
denied on August 18, 1998. The motion carried by the following recorded vote:
AYES: Supervisors Harrison, Nickens, Johnson
NAYS: Supervisors McNamara, Minnix
Supervisor Nickens moved to adopt the ordinance which was previously
presented at the August 18, 1998 meeting.
Supervisor Minnix expressed opposition to the proposed ordinance for the
following reasons: (1) traffic and safety concerns; (2) duplication of services with four
similar stores within close proximity; (3) the proposed estimated revenues will not be
generated; (4) Home Depot is not the right land use for that property; and (5) the project
will provide only low paying jobs.
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September 8,1998
8u¡..>t::1 vi"ul Jul" ,,,VII pO;'lled Oul tI,òl II,,,, fl' u¡..>t::lly wi ''''' '" tI,e Pi oposed
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rezoning would be located is in a Core land use district; that it is not the job of the Board
of Supervisors to determine who should or should not be in business; that those who sold
the property for the Home Depot will make a large profit from their land; and that
additional signalization and road improvements at Cave Spring Corners should help the
merchants and improve the intersection.
Supervisor McNamara expressed concern that the Commonwealth's Attorney
did not provide an opinion on Chairman Johnson's Conflict of Interest instead of the
County Attorney.
Supervisor Nickens' motion to approve the rezoning carried by the following
recorded vote:
AYES:
Supervisors Harrison, Nickens, Johnson
NAYS:
Supervisors McNamara, Minnix
,
ORDINANCE 090898-6 TO CHANGE THE ZONING CLASSIFICATION OF
A 20-ACRE TRACT OF REAL ESTATE LOCATED IN THE VICINITY OF
BRAMBLETON AVENUE (ROUTE 221) AND ELECTRIC ROAD (ROUTE
419) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE
ZONING CLASSIFICATION OF R-1, R-2, AND C-2 CONDITIONAL TO THE
ZONING CLASSIFICATION OF C-1 AND C-2 UPON APPLICATION OF
ROANOKE COUNTY BOARD OF SUPERVISORS
WHEREAS, the first reading of this ordinance was held on July 28, 1998, and
the second reading and public hearing were held August 18, 1998; and,
WHEREAS, this ordinance was denied on August 18, 1998, and
WHEREAS, the denial of this ordinance was reconsidered and said
ordinance was adopted by the Board of Supervisors on September 8, 1998; and
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on August 4, 1998; and
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September 8,1998
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bylaw.
WHtKtAS, legal notice and advertisement has been provided as required
as follows:
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
1. That the zoning classification of a certain tract of real estate
containing 20 acres, as described by tax map numbers herein, and located in the vicinity
of Brambleton Avenue (Route 221) and Electric Road (Route 419) in the Cave Spring
Magisterial District, is hereby changed from the zoning classifications of R-1, Low Density
Residential District; R-2, Medium Density Residential District; and C-2, General
Commercial District, Conditional, to the zoning classification of C-1, Office District, and Coo
2, General Commercial District.
2. That this action is taken upon the application of the Roanoke County
Board of Supervisors.
3. (A) That the zoning classification of the real estate described by
tax map number in Table 1 is changed to the zoning classification of C-1, Office District
as follows: TABLE 1 - C-1 - OFFICE DISTRICT
Part of 77.13-5-12 Part of 77.13-5-61 77.13-5-57
77.13-5-54 77. 1 3-5-56 77. 13-5-55
77.13-5-53 77.13-5-52 77.13-5-58
(B) That the zoning classification of the real estate described by
tax map number in Table 2 is changed to the zoning classification of C-2, General
Commercial District as follows:
TABLE 2 - C-2 - GENERAL COMMERCIAL DISTRICT
,
77. 1 3-5-31 77. 13-5-30 77. 13-5-35
Part of 77.13-5-37 77.13-5-39 77. 13-5-38
Part of 77.13-5-40 77.13-5-43.1 77.13-5-47
77. 13-5-48 77.13-5-49 77.13-5-60
77. 13-5-51 77. 1 3-5-50 77.13-5-43.2
77.13-5-58.1 77.13-5-62 77.13-5-59
Part of 77.13-5-61
4. That this ordinance shall be in full force and effect thirty (30) days
after (I) Home Depot becomes the fee simple owner of the real estate described in
Paragraph 3 (B), Table 2 of this ordinance and (ii) Home Depot subsequently agrees in
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September 8,1998
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'WI itil,g to tile follovvll,g Gðflélltl6R3 pCft6IAIA§ to tlge aC31§R BAeI U38 of the 3lte:
(A) Westmoreland Drive shall be realigned and redesigned to
provide for certain traffic control measures that will prevent
commercial traffic from entering the residential neighborhood
adjoining the real estate identified in Table 2.
(B) The intersection of the realigned Westmoreland Drive and
Brambleton Avenue shall be located to create a four-way
intersection between Westmoreland Drive and the private
drive serving Cave Spring Corner Shopping Center.
(C) A 20-foot wide buffer strip shall be located on the Home Depot
property along the common property lines with Tax Parcels
77.13-5-53, 54, 55, and 56. A six-foot stockade fence shall be
installed within this buffer. A private access drive serving the
above-referenced parcels shall be allowed to be constructed
within the buffer.
(D) Final site plan for the Home Depot site shall designate a "truck
waiting area" located in front of the building. All trucks shall
remain within the "truck waiting area" between the hours of 10
p.m. and 6 a.m.
(E) Sound from any speaker located on the exterior of the building
or within the Garden Center shall not exceed 65 Dba at any
residential property line.
(F) No parking lot pole lighting shall exceed 22 feet above grade.
(G) No off-premises advertising signs shall be allowed on the
property.
(H) The maximum height of any free standing sign installed on the
property shall be measured from the base elevation of the
abutting road grade nearest the sign.
(I) All retaining walls constructed on the property shall be
constructed of split-faced architectural block.
(J) The property shall be developed in general conformance with
the conceptual site plan entitled "The Home Depot South
Roanoke, Virginia, VA-71 e" dated 3/20/98, revised through
8/14/98.
(K) The developer shall prepare and the Virginia Department of
Transportation shall accept a traffic impact study of the
proposed use prior to the approval of final site plans for the
project.
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
-
~,
September 8, 1998
593
-
by this ordinance.
5. That it is hereby deciared to be the intention of the Board of
Supervisors that the provisions of this ordinance are not severable, and if any portion or
provision of this ordinance shall be declared unconstitutional or invalid by a valid
judgement or decree of a court of competent jurisdiction, this ordinance shall be null and
void in its entirety.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Harrison, Nickens, Johnson
NAYS: Supervisors McNamara, Minnix
INRE:
FIRST READING OF ORDINANCES
.L First reading of ordinance authorizina creation of and financing
for a local oublic works improvement oroiect: North Road sewer
proiect. (Gary Robertson. Utility Director)
Mr. Robertson advised that the Utility Department received requests from
property owners along North Road to extend public sewer. On July 21, letters were sent
to 17 property owners on North Road and Red Lane. Staff received 9 responses with 6
in favor. The ordinance would establish a special service area for the project with each
participating property owner paying their share of the cost which would be $5,750 for the
construction costs and $750 for the off-site facility fee. The total cost of the project would
be $46,000 with the property owners paying $34,500 and the remaining $11,500 funded
by a transfer from the Public Works Participation Fund.
Supervisor Harrison moved to approve the first reading and set the second
reading for September 22, 1998. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
594
September 8,1998
=
NAY:;: None
,
2.. First reading of an ordinance authorizina creation of and
financina for a local public works improvement oroiect: Belle
Haven sewer proiect. (Gary Robertson. Utility Director)
Mr. Robertson advised that in response to the property owners' request, the
staff explored various sewage conveyance options for the property owners along Belle
Haven Road and Northbrooke subdivision. The staff determined the cost to extend public
sewer along Belle Haven Road to be $5,500 per property. Eight residences out of 17 gave
positive responses to letters sent by the staff. Providing public sewer to the interested
property owners would require a sewer extension at an estimated cost of $82,000. Staff
is recommending that the Board establish a special sewer service area at a cost of
$82,000. The eight property owners would contribute $38,000 and the remaining $44,000
would be funded by a transfer from the Public Works Participation Fund. Mr. Robertson
explained that even though this project is one property short of having 50% participation,
staff recommends approval because one property owner presently has plans to install a
new septic system and two other properties are experiencing problems. Additionally, Pettit
Avenue will be paved in the near future making installation of a sewer line more expensive
at a later date.
Supervisor Johnson moved to approve the first reading and set the second
reading for September 22, 1998. The motion carried by the following recorded vote:
~,
September 8,1998
595
-
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
3. First readina of an ordinance authorizina the County
Administrator to execute a lease agreement on behalf of
Roanoke County for one acre of orooertv at Haooy Hollow Park.
(Pete Haislio. Parks and Recreation Director.)
Mr. Haislip advised that in 1985, Mary Jane Burgess and her sister, Cherie
Burgess Shindell, donated 34.5 acres and a cabin to Roanoke County to create what is
now Happy Hollow Park. As part of the agreement the Grantors retained a life estate for
the house and one acre of land. Ms. Shindell passed away in 1996, and Ms. Burgess, who
lived at Happy Hollow, passed away in May. The Parks and Recreation Department wish
to lease the house and one acre of property at fair market value. This arrangement would
provide a level of security and protection and allow the staff to develop a long-range plan
to determine the role of the house in the operations of the park. Mr. Haislip recommended
that the rental revenue be used to maintain the house and grounds and recommended that
the Board authorize the County Administrator to execute a lease.
In response to questions, Mr. Haislip advised that the rental will be between
$400 and $500 per month, and they have no plans for the guest house at this time.
Supervisor McNamara moved to approve the first reading and set the second
reading for September 22, 1998. The motion carried by the following recorded vote:
596
September 8,1998
AYI::::;:
NAYS:
::;upervlsors McNamara, Minnix, Harrison, Nickens, Johnson
None
~,
4. First reading of ordinance to vacate a oortion of a 25-foot
sanitary sewer and drainage easement recorded in Section 1.
Triple Crown Estates. as recorded in Plat Book 15. Page 131 and
located on Lot 11. Block 1. !tax map #50.03-4-24) Section 2.
Triple Crown Estates. recorded in Plat Book 17. Page 123. and
located in the Vinton Maaisterial District. (Arnold Covey. Director
of Community Development)
Mr. Covey explained that Clayton T. and Patricia G. Fowler are owners of
Lot 11, Block 1, Section 2, Triple Crown Estates. They are requesting that the Board
vacate a portion of a 25-foot sanitary sewer and drainage easement. During the final
design and platting of the subdivision plat for Section 2, the property lines were not located
as originally proposed on the Section 1 plat. This discrepancy was erroneously reflected
on the original plot plan for the Fowlers lot and caused the Fowler residence to be
constructed one foot over the sanitary sewer and drainage easement.
Supervisor Johnson noted that the district should be Hollins and not Vinton.
He moved to approve the first reading and set the second reading and public hearing for
September 22, 1998. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
September 8,1998
597
-
NAYS: None
5. First reading of ordinance to vacate a 15-foot DubUc utility
easement shown on Tract 'A'. Winterbenry Pointe. as recorded in
Plat Book 9 at Page 289 and located in Windsor Hills Magisterial
District. (Arnold Covev. Director of Community Development)
Mr. Covey advised that Boone, Boone, and Loeb, Inc. are requesting the
Board to vacate the easement because it is no longer needed and no public or county
utilities reside within the portions of the easement to be vacated.
Supervisor McNamara moved to approve the first reading and set the second
reading and public hearing for September 22, 1998. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
.
INRE:
SECOND READING OF ORDINANCES
1.. Second readina of ordinance to establish water service area for
Clearbrook-U.S. Route 220 Corridor and authorize acquisition of
easement. (Gary Robertson. Utility Director)
0-090898-7
598
September 8,1998
-
I here was no discussion and no citizens to speak.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 090898-7 AUTHORIZING THE CREATION OF AND
FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT,
CLEARBROOK WATER SERVICE AREA, AND AUTHORIZING THE
ACQUISITION OF EASEMENTS
WHEREAS, Ordinance 112288-7 authorizes the financing of local public
works improvements and the imposition of special assessments upon abutting property
owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and
WHEREAS, the County Administration has negotiated the extension of the
public water system to the Clearbrook Community; and
WHEREAS, the extension of the public water and sewer system and the
creation of a special water service area will alleviate a critical public health and safety
problem; and
WHEREAS, Ordinance 051298-6 established a surcharge for and authorized
the financing of a local public works improvement project known as the Clearbrook Sewer
Extension, said area is defined on the attached map entitled "Proposed Clearbrook
Sanitary Sewer Area" dated April 28, 1998 (Exhibit 1); and
WHEREAS, the first reading of this Ordinance was held on August 18, 1998,
and the second reading was held September 8, 1998.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That pursuant to the authority of Ordinance 112288-7, the Board
authorizes and approves a local public works improvement project, namely, public utility
extension for a portion of the Clearbrook Community. The total construction cost of this
public utility project is estimated to be $117,000 to extend a 12-inch water line and $53,000
to extend a 4-inch sewer force main initially to be financed as follows:
(A) The proposal of Randy Kingery and Kingery Bros. Excavating
("Kingery") to extend and install a 12-inch water line and a 4-inch sewer force main
approximately 2,600 feet along the west side of U. S. Route 220 to serve all of the
properties in the Clearbrook Utility Service Area as shown on Exhibit 2, is hereby
accepted. The County shall provide to Kingery the materials required to extend the water
""'
September 8, 1998
599
-
and sewer utility lines: water pipe, sewer pressure pipe, fittings, valves, fire hydrants,
paving and other appurtenant materials. Kingery shall provide all labor and equipment to
extend the water and sewer lines in accordance with all applicable County utility
construction requirements, in lieu of paying all applicable water construction and
connection fees otherwise required by the provisions of this ordinance and the County
Code. Kingery shall complete the installation of these utility lines on or before December
31,1998.
Water Fund Unappropriated Balance (materials) $ 80,000
Waiver of applicable water construction and connection $ 33,060
fees (Kingery)
Total $113,060
That there is hereby appropriated the sum of $80,000 from the Water Fund
Unappropriated Balance. Any citizen participation under paragraph 3. will be advanced
as a loan from the Water Fund.
Proposed additional water connection fees for the remaining properties in
this service area are set out in the following chart based on the following formula:
Construction costs of $5,155 + [$30 x length of road frontage in excess of 100'] + $1,345
50% of current off-site facilities fees):
Tax Map No. Construction Costs Water Off-site Facility Total
Fee
(Based on 5/8" water
meter)
98.02-2-1 $17,935 $1,345 19,280
98.02-2-2 5,155 1,345 6,501
98.02-2-4 5,845 1,345 7,190
98.02-2-6 5,155 1,345 6,501
98.02-2-11 6,700 1,345 8,045
98.02-2-12 5,155 1,345 6,501
98.02-2-13 11,215 1,345 12,560
98.02-2-16 17,275 1,345 18,620
Total $74,435 $10,760 $85,198
600
September 8,1998
-
2. That the "Project Service Area" is shown and designated on the
attached plat entitled "Proposed Water Utility Area" "Clearbrook Area Water & Sewer
Service Extension" prepared by the Roanoke C£¡unty Utility Department, dated July 28,
1998, and identified as Exhibit 2. The Clearbrook Water Service Area is created for a
period of ten years. Any owner of real estate within this service area may participate in
and benefit from the public water extension to this service area by paying the amounts
shown above in paragraph 1, said costs to be paid in full and in advance of connection to
the public water extension or financed in accordance with the provisions of paragraph 3.
3. That the Board authorizes and approves the payment by the property
owners in the project service area who elect to J'articipate on or before November 30,
1998, of their portion of the cost of extending the public utility system to their properties
in accordance with the following terms and conditions:
(a) Payment of ten (10) percent of their respective charges (see
table above) as a down payment per property ownerlresidential connection and payment
of the remainder to be financed for a maximum of 10 years at an interest rate of 8%
percent per annum.
(b) Property owners agree to execute a promissory note or such
other instrument as the County may require to secure this installment debt.
(c) Property owners further agree to execute such lien document
or instrument as may be required by the County; said lien document or instrument to be
recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien
instrument or document shall secure the repayment of the promissory note by the property
owners to the County and shall be a lien against the property of the owners. Property
owners also agree to pay the County any Clerk's fees or recordation costs which may be
required to record any lien instrument or documents in the Office of the Clerk of the Circuit
Court.
(d) Property owners who wish to participate after the November 30,
"
1998 deadline shall be assessed accordinç¡ to the followinç¡ chart:
Tax Map No. Construction Costs Water Off-site Facility Fee Total
(Based on 5/8" water meter)
98.02-2-1 $21,800 $2,690 $24,490
98.02-2-2 6,265 2,690 8,955
98.02-2-4 7,459 2,690 10,149
98.02-2-6 6,265 2,690 8,955
98.02-2-11 8,143 2,690 10,833
98.02-2-12 6,265 2,690 8,955
"
September 8,1998
601
---1
98.02-2-13 13,631 2,690 16,321
98.02-2-16 20,997 2,690 23,687
Total $90,825 $21,520 $112,345
4. That the payment by citizens in the project service area who elect to
participate shall be returned to the Water Fund, and payment of the construction costs
shall be returned to the Public Works Participation Fund until such time as the advance
has been repaid.
5. That the acquisition and acceptance of the necessary water and sewer
line easements, as shown on the attached easement map (Exhibit 3), for the Clearbrook
Water Service Area Project is hereby authorized across the following property, referenced
by tax map number, from the following property owner, their successors or assigns:
TAX MAP NO. PROPERlYOWNER
98.02-2-1.1 Indian Grave Partnership
6. That the consideration for this easement acquisition shall not exceed
a value equal to 40% of the current tax assessment for the property to be acquired plus
the cost of actual damages, if any, or the amount determined by an independent appraisal;
and
7. That the consideration for this easement shall be paid from the Sewer
Repair and Replacement Fund; and
8. That the County Administrator is authorized to take such actions and
execute such documents as may be necessary to accomplish the purposes of this
transaction, all upon form approved by the County Attorney.
9. That this Ordinance shall take effect on and from the date of its
adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Second reading of ordinance to vacate. quit-claim and release
portion of 20' waterline easement under the existing Barnes &
Noble buildina and accept a relocated new 20' waterline
easement. (Vickie Huffman. Assistant County Attorney)
602
September 8, 1998
U-U~U!S9!S-8
I
There was no discussion and no citizens to speak.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 090898-8 TO VACATE, QUIT-CLAIM AND RELEASE A
PORTION OF A 20' WATERLINE EASEMENT UNDER THE EXISTING
BARNES & NOBLE BUILDING ACROSS PROPERTY OF TANGLEWOOD
MALL ASSOCIATES, L.L.C., AND TO ACCEPT IN EXCHANGE A
RELOCATED NEW 20' WATERLINE EASEMENT AROUND SAID
BUILDING LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, by deed dated April 30, 1979, and recorded in the Clerk's Office
of the Circuit Court of Roanoke County, Virginia, in Deed Book 1123, page 535,
Tanglewood Mall, Inc., as owner of the subject parcel of land, conveyed to the Board of
Supervisors of Roanoke County easements and rights of way, for a width of 10' on either
side of the existing water lines, for the purpose of operating, maintaining and repairing the
water lines and equipment related thereto; and,
WHEREAS, by deed dated May 1, 1979, and deed of correction dated
August 19, 1981, recorded in the aforesaid Clerk's Office in Deed Book 1123, page 517,
and Deed Book 1175, page 53, respectively, Craighead Water Company conveyed to the
Board of Supervisors easements and rights of way for maintaining, repairing and operating
a water distribution system; and,
WHEREAS, the petitioner, Tanglewood Mall Associates, L.L.C.,
(Tanglewood) is the current owner of the land over which the above-described easements
are located, said property being located at the intersection of Routes 419 and 220 and
commonly referred to as Tanglewood Mall, and being designated on the Roanoke County
Land Records as Tax Map No. 77.16-01-02; and,
WHEREAS, Tanglewood has requested that the Board of Supervisors
vacate, quit-claim and release a portion of a 20' waterline easement under the existing
Barnes & Noble building at Tanglewood Mall, and in exchange, Tanglewood is to convey
an alternative 20' waterline easement to the Board; and,
WHEREAS, the proposed new easement meets the requirements of the
affected County departments, the relocation will provide equivalent service, and the
relocation has been accomplished without cost to the County.
-,
September 8,1998
603
-
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke
County Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on August 18, 1998; and a second
reading was held on September 8, 1998; and,
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject real estate (portion of waterline easement) is hereby
declared to be surplus and the nature of the interest in real estate renders it unavailable
for other public uses; and,
3. That, subject to the following conditions, a portion of a 20' waterline
easement across property of Tanglewood Mall Associates, L.L.C., located at Route 419
and 220 and known as Tanglewood Mall in the Cave Spring Magisterial District of
Roanoke County, cross-hatched and designated as "20' WATERLINE EASEMENT TO BE
VACATED" on the 'Plat Showing 20' Waterline Easement to be Vacated Under Barnes and
Noble Bookstore, Tanglewood Mall,' dated _August 11, 1998, a copy of which is attached
hereto as Exhibit A, be, and hereby is, vacated; and,
4. That, in exchange, the "NEW 20' WATERLINE EASEMENT' as shown
on 'Easement Plat For Tanglewood Mall Associates, LLC Of A New 20' Waterline
Easement Around The Barnes and Nobles Store, Tanglewood Mall', dated January 21,
1998, a copy of which is attached hereto as Exhibit B, shall be granted and donated to the
Board of Supervisors and acceptance of said easement is hereby approved; and,
5. That, as a condition to the adoption of this ordinance, Tanglewood
shall be responsible for all costs and expenses associated herewith, including but not
limited to, all costs associated with relocation of the lines, surveys, publication, and
recordation of documents; and,
6. That the County Administrator is hereby authorized to execute such
documents and take such actions as may be necessary to accomplish this vacation and
acquisition, all of which shall be on form approved by the County Attorney.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
3. Second readina of ordinance approvina the exercise of an option
to purchase aoreement with Michael W. Rose and Traci Y. Rose
for 0.251 acre. more or less. on Westmoreland Drive. (Paul
Mahonev. Countv Attorney)
0-090898-9
September 8,1998
~4r ~4nhnnn" nrl"i"l.-~ tÞiAt tÞ..aFA ~ ar& t
~ 1 II
I" I HI· Th:
-
purchase price for the property is $150,000 and the funds for the purchase are available
in the Economic Development Public Private Partnership account.
Supervisor Nickens moved to adopt the ordinance as amended in the second
reading. The motion carried by the following re.corded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 090898-9 APPROVING THE EXERCISE OF AN OPTION TO
PURCHASE AGREEMENT WITH MICHAEL W. ROSE AND TRACI Y.
ROSE FOR 0.251 ACRE, MORE OR LESS, (BEING IDENTIFIED AS
COUNTY TAX MAP PARCEL 77.13-5-30)
WHEREAS, by Resolution 081898-2, the Board of Supervisors of Roanoke
County approved the Option to Purchase Agreement dated July 30, 1998, with Michael W.
Rose and Traci Y. Rose for an option to purchase 0.251 acre, more or less, being further
shown on the Roanoke County land records as Tax Map Number 77.13-5-30 ("the
Property"); and,
WHEREAS, under the terms of said agreement, the purchase price for the
Property is $150,000, and the option must be exercised on or before January 30, 1999;
and,
WHEREAS, the agreement provides for settlement within 30 days from the
date of rezoning of the property by the Board of Supervisors; and
WHEREAS, the property is necessary for the construction of a commercial
development project, and the funds are available in the Economic Development
Public/Private Partnership account; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the first
reading of this ordinance was held on August 18, 1998; the second reading was held on
September 8, 1998.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the County Administrator is hereby authorized to exercise the
option to purchase from Michael W. Rose and Traci Y. Rose of the following described real
estate, to-wit:
All that certain tract or parcel of land, together with any
improvements thereon, rights incident thereto, and
appurtenances thereunto belonging, situate in the Cave Spring
......
September 8,1998
605
-
Magisterial District of the County of Roanoke, Virginia,
containing 0.251 acres, more or less, and more particularly
described as follows:
Beginning at a point on the south side of Westmoreland Drive,
which point of beginning is the common corner to Lots 4 and
5 of Section 6 of Mount Vernon Heights, marked by an iron;
thence leaving Westmoreland Drive and with the dividing line
between Lots 4 and 5, S. 21 deg. 49' W. 244.24 feet to a point;
thence N. 72 deg. 32' W. 31.65 feet to a point; thence N. 15
deg. 48' 51" E. 247.99 feet to a point on the south side of
Westmoreland Drive (said course having been identified as N.
15 deg. 56' E. 249.3 feet in the deed of conveyance unto the
Grantor herein); thence with the south side of Westmoreland
Drive, S. 68 deg. 11' E. 57.5 feet to the point of Beginning, and
being the eastern portion of Lot 4, Section 6 as shown by the
Map of Mount Vernon Heights, of record in the Clerk's Office
of the Circuit Court of Roanoke County, Virginia, in Plat Book
2, page 67.
Said real estate being further shown and designated upon the
Roanoke County land records as Tax Map Number 77 .13-5-
30, and having a street address of 3323 Westmoreland Drive,
SW, Roanoke, Virginia.
This bei ng all of the same real estate acquired by Grantor from
the Cave Spring First Aid and Rescue Squad, Inc., by deed
dated 9/25/91, and recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in Deed Book 1350, page
834.
,
2. That the County Administrator or Assistant County Administrators are
hereby authorized to execute such documents and take such actions on behalf of Roanoke
County in this matter as are necessary to accomplish the exercise of the option and
assignment of the contract to the IDA, all of which shall be approved as to form by the
County Attorney.
3. That this ordinance shall be effective on and from the date of its
adoption.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
606
September 8,1998
-
IN K!::
AI-'I-'OIN I Mt:N I ~
.L Industrial Develooment Authority
Supervisor Johnson nominated J. Carson Quarles to serve another four year
term which will expire September 26, 2002.
Supervisor McNamara nominated Ron Martin to serve another four-year term
which will expire September 26, 2002.
Supervisor Johnson moved to approve the nominations and add the
confirmations to the Consent Agenda Item 1. The motion carried by the following recorded
vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
INRE:
CONSENT AGENDA
R-090898-10. 0-090898-10.1
Supervisor Nickens moved to adopt the Consent Resolution with the
appointment to the Industrial Development added. The motion carried by the following
" recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 090898-10 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS
AGENDA FOR THIS DATE DESIGNATED AS ITEM 1- CONSENT
AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
......
September 8, 1998
607
-
1. That the certain section of the agenda of the Board of Supervisors for
September 8, 1998, designated as Item I - Consent Agenda be, and hereby is, approved
and concurred in as to each item separately set forth in said section designated Items 1
through 12, inclusive, as follows:
1. Confirmation of committee appointment to the Social Services
Advisory Board, and Industrial Development Authority.
2. Request from School Board for acceptance and appropriation of
$1,000 to William Byrd High School's Saturday School.
3. Request from School Board for acceptance and appropriation of
$40,000 grant from Carilion Community Health Fund to fund two full-
time school nurses.
4. Acceptance of a sight distance easement from Country East LLC.
5. Receipt of grant monies from the Va. Department of Rail and Public
Transportation on behalf of RADAR and to execute the Master
Agreement for these funds.
6. Approval of correction to ordinance 0-081898-11 concerning petition
of Virginia Varsity Transfer, Inc. for rezoning and Special Use Permit
to add "Special Use Permit" language to the ordinance.
7. Donation by the owners of the private park in Highfields Subdivision
of right-of-way and a drainage easement in connection with
acceptance of Lakedale Road into the State Secondary System, and
two sanitary sewer easements in connection with the Highfields
Sewer Project.
8. Donation of a 15-foot drainage easement and a 20-foot sanitary
sewer easement on a parcel of land owned by Palm Land Company,
L.C.
9. Additional appropriation of revenue for increased State aid for public
libraries.
10. Acceptance of sanitary sewer facilities serving the Logan Subdivision.
11. Acceptance of water facilities serving Wexford, Phase I
12. Acceptance of water facilities serving Wexford, Phase II.
608
September 8,1998
-
L. Thät the Clerk to the öoara IS nereby authonzed 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 Nickens to adopt the Consent Resolution, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
ORDINANCE 090898-10.f CORRECTING ORDINANCE 081898-11 TO
CHANGE THE ZONING CLASSIFICATION OF A 5.4-ACRE TRACT OF
REAL ESTATE LOCATED IN THE 5800 BLOCK OF STARKEY ROAD
(PART OF TAX MAP NO. 87.18-2-24) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF 1-2
TO THE ZONING CLASSIFICATION OF 1-1 WITH CONDITIONS AND
GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A MINI.
WAREHOUSE UPON THE APPLICATION OF VIRGINIA VARSITY
TRANSFER, INC.
WHEREAS, the first reading of this ordinance was held on July 28,1998, and
the second reading and public hearing were held August 18, 1998; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on August 4, 1998; and
WHEREAS, legal notice and advertisement has been provided as required
by law; and
as follows:
WHEREAS, this ordinance corrects Ordinance 081898-11; and
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
1. That the zoning classification of a certain tract of real estate
containing 5.4 acres, as described herein, and located in the 5800 block of Starkey Road
(Part of Tax Map Number 87.18-2-24) in the Cave Spring Magisterial District, is hereby
changed from the zoning classification of 1-2, Industrial District, to the zoning classification
of 1-1, Industrial District.
2. That this action is taken upon the application of Virginia Varsity
Transfer, Inc.
3. 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:
(1) The buildings and doors to the storage buildings will not be the
colors red or orange.
4. That the Board finds that the granting of a special use permit to
Virginia Varsity Transfer Inc. to construct a mini-warehouse to be located in the 5800
block of Starkey Road (part of Tax Map No. 87.18-2-24) in the Cave Spring Magisterial
District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to
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the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special
Use Permit is hereby approved.
5. That said real estate is more fully described as follows:
BEGINNING at Corner #1, said pOint located on the northerly right-of-way
of Starkey Road (Virginia Secondary Route 904) said point also being the
southeasterly corner of Tract 1A (PB15, page 68); thence leaving Starkey
Road and with the easterly boundary of Tract 1A, N 15 deg. 05' 59" E.
passing the northeastern corner at approximately 412.00 feet, in all 440.32
feet to Corner #2, said point located on the easterly boundary of Tract 1 B
(PB11, page 151); thence continuing with Tract 1 B for the following 3
courses; thence continuing with Tract 1 B for the following 3 courses; thence
with a curve to the left, which said curve is defined by a delta angle of 39
deg. 24' 02", an arc length of 171.92 feet, a radius of 250.00, a chord of
168.55 feet and bearing N. 4 deg. 36' 02" W. to Corner #3; thence with a
curve to the right, which said curve is defined by a delta angle of 39 deg. 24'
02", an arc length of 206.30 feet, a radius of 300.00 feet, a chord of 202.26
feet and bearing N. 04 deg. 36' 01" W. to Corner #4; thence N. 15 deg. 05'
59" E. 465.19 feet to Corner #5, said point located on the westerly boundary
of original Crescent Heights Subdivision (PB 1, page 256); thence leaving
Tract 1 B and with Crescent Heights, S. 35 deg. 52' 28" E. 1266.16 feet to
Corner #$, said point located on the northerly right-of-way of Starkey Road
(Virginia Secondary Route 904); thence leaving Crescent Heights Subd. and
with Starkey Road, s. 75 deg. 30' 29" W. 53.70 feet to a point being the
southeasterly corner of proposed New Tract IIA (7.696 acre parcel); thence
leaving Starkey Road and with 4 proposed new division lines surrounding
New Tract IIA, N. 35 deg. 52' 28" W. 599.41 feet to a point; thence S. 77
deg. 39' 54" W. 403.27 feet to a point; thence with a curve to the left, which
said curve is defined by a delta angle of 37 deg. 23' 02", an arc length of
195.74 feet, a radius of 300.00 feet, a chord of 192.29 feet and bearing S.
03 deg. 35' 32" E. to a point; thence S. 15 deg. 05' 59" W. 409.32 feet to a
point, said point located on the northerly right-of-way of Starkey Road
(Virginia Secondary Route 904); thence with said Starkey Road and leaving
the southwesterly corner of proposed New Tract IIA with a curve to the left,
which said curve is defined by a delta angle of 4 deg. 32' 56", an arc length
of 58.85 feet, a radius of 741.20 feet, a chord of 58.83 feet and bearing S.
73 deg. 17' 56" W. to Corner #1, the place of Beginning, and containing
5.385 acres.
6. That this ordinance shall be in full force and effect thirty (30) days
after its final passage. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is
directed to amend the zoning district map to reflect the change in zoning classification
authorized by this ordinance.
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0[1 motion or ~upervlsor NICKens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
REQUESTS FOR WORK SESSIONS
Supervisor Minnix suggested that a meeting or a retreat be held with the
members of the School Board. Supervisor Johnson suggested waiting thirty days before
scheduling.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
1. Edward Gentrv expressed concern about the article in the Salem Times
Reoister that stated that the Virginia Department of Transportation will widen Daugherty
Road for R&L Trucking. He asked why they can not widen Cross Mill Road. Supervisor
Harrison advised that VDOT told him that Cross Mill Road is not in good enough shape to
handle truck traffic. Mr Hodge responded that he would discuss this further with VDOT
and report back to the Board.
2. Nancy Hughes. a Blue Ribbon Committee backer, pointed out that the
School Board and Board of Supervisors need to get along. The school issue has been
studied for years, and there is a need to educate people on the importance of the middle
school concept. She requested that the Board move forward with the school construction
projects.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
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September 8,1998
611
1. Suoervisor McNamara: (1) He announced that the Woods End Site has
been unfairly characterized and that the Construction Committee has evaluated all the
sites for the past 12 months. The Merriman site was not chosen because of flooding, and
the School Board needs to move forward on the Woods End site. Supervisor Johnson
agreed but advised that the questions asked of the School Board in a recent letter have
still not been answered. The Board of Supervisors must make sure that there is enough
money to build the school. Supervisor Nickens noted that the presentation he saw by
Sheretz, Franklin included the Merriman site as a plan that they can work with. Both sites
are considered "doable." (2) Supervisor McNamara offered to serve on the Construction
Steering Committee if Supervisor Johnson chooses not to serve and the Board is willing
to appoint him.
2. Supervisor Harrison: (1) He announced that there will be a meeting on
September 10 at the Cardinal Academy of Justice on Greenways. (2) He asked about the
progress on Hanging Rock. Mr. Hodge responded that progress is slow but moving along.
(3) He advised that he drove by Hidden Valley Junior High School and that there were no
" crossing guards on Route 419. He asked what was being done because it is so
dangerous. Mr. Hodge responded that they have contracted with a security company and
they are in the process of hiring a guard. Until then, the Police Department will handle the
duties unless they are called to something else.
INRE:
REPORTS
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September 8,1998
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5upe, visor Mir IIlix moved to receive and file the fOllowing reports. I ne
motion carried by a unanimous voice vote.
L General Fund Unaopropriated Balance
2. Capital Fund Unaopropriated Balance
3. Board Continaency Fund
4. Future School Capital Reserve
5. Proclamation sianed by the Chairman
6. Statement of Treasurer's Accountability per investments and
Portfolio Policy as of August 31.1998
7. Accounts Paid - Julv 1998
8. Statement of Estimated and Actual Revenue and Exoenditures
for month ended Julv 31.1998
IN RE:
EXECUTIVE SESSION
Supervisor Johnson moved to go into Executive Session following the work
sessions pursuant to the Code of Virginia Section 2.1-344 A.(7) to discuss a specific legal
matter requiring provision of legal advice by County Attorney, Roanoke County versus
Wayne Engineering Corp. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
WORK SESSIONS
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September 8,1998
613
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.L Review of the Community (Comprehensive! Plan
The work session was presented by Janet Scheid, Senior Planner, and was
held from 6:30 p.m. until 7:05 p.m.
Ms. Scheid briefed the Board on the steps leading up to the draft Community
Plan. The Vision process was completed in 1996 and a Citizens Advisory Council was
formed in August 1996. Neighborhood councils were established in January 1997 and a
Community Forum was held in May 1997 to review the work of the neighborhood councils.
The Planning Commission received the draft plan on July 2 and began review on July 14.
Ms. Scheid pointed out that the Community Plan emphasizes the Vision
process and provides the basis for the development of neighborhood plans. She
highlighted the significant features of the new plan. She advised that the next step is to
receive comments from various organizations such as the Blue Ridge Parkway, VDOT and
the Regional Chamber of Commerce. The Planning Commission will hold a public hearing
on October 6 and the Board of Supervisors will hold two public hearings on October 27
and on November 17.
2. Discussion of recommendations conceminQ standards for
broadcasting towers
The work session was presented by Terry Harrington, County Planner, and
was held from 7:05 p.m. until 7:40 p.m.
Mr. Harrington advised that a Citizen Advisory Committee was established
to revise the County's standards for broadcasting towers. The committee was comprised
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September 8,1998
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of representatives ftorn the [ ägl::>tef ié:Íl di:sLJ it.:t:s, IIle lelet.:ommunlcatlons Industry, the Blue
Ridge Parkway, American Electric Power and other Roanoke Valley governments. They
reviewed the tower requests since 1989. Their intent was to regulate new and
replacement towers, preserve and enhance natural and scenic beauty, reduce the number
and height of towers, and place special emphasis on ridgetops. The committee developed
proposed revisions to the regulations which Mr. Harrington described. They were
presented to the Planning Commission on August 25. The Planning Commission will hold
a public hearing on October 6, and the Board of Supervisors public hearing is scheduled
for October 27.
3. Re-arrangement of offices on the second and third floors at
Roanoke County Administration Center
The work session was presented by Arnold Covey, Director of Community
Development, and was held from 7:40 p.m. until 7:55 p.m. Mr. Covey presented proposed
floor plans which rearranged the Community Development area on the second floor,
, providing the department more space, and moved other offices to the third floor. The
estimated cost for renovations to the second floor is $200,000 and costs for the third floor
is estimated at $30,000.
IN RE:
EXECUTIVE SESSION
The Executive Session was held from 7:55 to 8:10 p.m.
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September 8, 1998
615
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IN Ht::
(;LRTIrICA TION ~ESOLUTION
R-090898-11
At 8:10 p.m., Supervisor Johnson moved to return to open session and adopt
the Certification Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 090898-11 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened an executive meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification
by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification Resolution, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
ADJOURNMENT
At 8:11 p.m., Chairman Johnson adjourned the meeting.
Submitted by,
Approved by,
'TY?~yz:/.~
Mary H. Allen, CMC/AAE
Clerk to the Board
~~R. "
ob L. John
Chairman
~ 1IJ-
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