2/27/1996 - Regular
February 27, 1996
111
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Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
February 27, 1996
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, 1996.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3: 00 p.m.
The roll call was taken.
UMBERS PRESENT:
Chairman Bob L. Johnson, Vice Chairman Harry C.
Nickens, Supervisors Lee B. Eddy, Fenton F.
"Spike" Harrison, H. Odell "Fuzzy" Minnix
UMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Brenda J. Holton, Deputy
Clerk; John M. Chambliss, Assistant County
Administrator; Don C. Myers, Assistant County
Administrator; Anne Marie Green, Director,
Community Relations
IN RE:
OPENING CEREMONIES
112
February 27, 1996
The invocation was given by the Reverend Samuel Crews,
Coopers Cove Baptist Church. The Pledge of Allegiance was
recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Mahoney added an item to the Executive Session
pursuant to section 2.1-344 A (3) discuss acquisition of real
property from David and Constance Shelor for public utility and
emergency communications.
Chairman Johnson announced that the meeting will be
adjourned to March 4, 1996, for a joint meeting with the City of
Roanoke.
IN RE:
BRIEFINGS
h ReDort from Roanoke Va1lev Economic DeveloDment
Partners hiD on activities durina 1995. (Beth
Douahtv. Executive Director)
Ms. Doughty reported that during 1995, the Partnership
announced 11 expansions and relocations which is the most in its
12-year history. She advised that there were 2,056 indirect and
direct jobs created with an estimated annual payroll for
potential jobs of $19.4 million and that the return on the
Partnership investment is 37 to 1. She stated that since June,
1992, the Partnership has worked on 33 locations and expansions
February 27, 1996
113
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representing $267 million in investment and approximately 5300
direct jobs.
IN RE:
NEW BUSINESS
h Request for consideration of Droiects for 1996/97
virainia DeDartment of TransDortation Revenue
Sharina Proaram. (Georae SimDson. Assistant
Director of Enaineerina & InsDections)
A-022796-1
Mr. Simpson asked that the Board approve the
prioritized list of 87 projects for the VDOT Revenue Sharing
Program; authorize the chairman to sign the letter of intent to
participate in the program: and defer appropriation of the funds
($500,000) until July 1, 1996. Mr. Jeff Echols, VDOT Resident
Engineer, was present and answered questions. Supervisor Eddy
advised that improvements to Route 11/460 are needed but it is
not on VDOT's six Year Construction Plan and he would suggest
allocating some money to this project to get it started.
Supervisors Johnson and Harrison agreed that improvements need to
be made to Route 11/460 but these funds should not be diverted
for that purpose.
Supervisor Johnson moved to approve the projects. The
motion carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: Supervisor Eddy
114
February 27, 1996
.L.
Request from The New Century Council to become a
Partner in the oraanization and nominate
individuals to serve on the Vision Committees.
(Elmer Hodae. County Administrator)
A-022796-2
Mr. Hodge advised that Mr. Bev Fitzpatrick, Executive
Director for the New Century Council (Council), was out of town
and unable to be present to answer questions. He distributed a
brochure of information about the Council, and pointed out that
it was formed in late 1993 as a coalition of business and local
leaders to develop a vision for the New River Valley and Roanoke
Valley. Thirty-three committees developed approximately 150
strategies to serve as a guide for the next twenty years. At
their meeting on November 8, 1995, the Council adopted a new
structure to implement the work begun by the volunteers. They are
requesting that Roanoke County become a Partner organization;
accept the seven major vision statements adopted by the
volunteers and approved by the Council; and nominate individuals
to serve on the seven vision committees. He advised that Roanoke
County can nominate up to three individuals for each committee
and the only criteria at present is for the nominee to be someone
interested in participating the committees.
Supervisor Nickens moved to approve participation as a
partner and for the Board members to offer nominees for
subcommittees by the March 12, 1996 meeting. The motion carried
February 27, 1996
115
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by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
~ Resolution aDDrovina the Roanoke Reaional AirDort
Commission Budaet for Fiscal Year 1996/97. (Diane
Hyatt. Director of Finance)
R-022796-3
Ms. Hyatt advised that the 1996-97 budget for the
Roanoke Regional Airport Commission shows revenues of $5,043,982,
and expenditures of $4,732,299, and that the airport operations
are self supporting and no additional supplement is necessary
from either Roanoke County or Roanoke city.
The capital
expenditure budget consists of $1,500,000 with $1,000,000 funded
by State Aviation Grants and $50,000 by the Commission funds. On
June 30, 1996, the County will make its final payment of $264,640
which constitutes the original ten year contribution to the
airport.
Supervisor Minnix moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 022796-3 APPROVING THE ROANOKE REGIONAL
AIRPORT COMMISSION BUDGET FOR FY 1996-97, UPON CERTAIN
TERMS AND CONDITIONS
WHEREAS, Section 24.B of the Roanoke Regional Airport
116
February 27, 1996
-
Commission Act and section 17. (a) of the contract between the
City of Roanoke, Roanoke County, and the Roanoke Regional Airport
Commission provide that the Commission shall prepare and submit
its operating budget for the forthcoming fiscal year to the Board
of Supervisors of the County and City Council of the City; and
WHEREAS, by report dated February 14, 1996, a copy of
which is on file in the office of the Clerk to the Board, the
Executive Director of the Roanoke Regional Airport Commission has
submitted a request that the County approve the FY 1996-97 budget
of the Roanoke Regional Airport Commission.
THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia that the FY 1996-97 budget and
proposed capital expenditures for the Roanoke Regional Airport
Commission as set forth in the February 14, 1996, report of the
Commission Executive Director, a copy of which is incorporated by
reference herein, is hereby APPROVED, and the County
Administrator and the Clerk are authorized to execute and attest,
respectively, on behalf of the County, any documentation, in form
approved by the County Attorney, necessary to evidence said
approval.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
~ Request for a~Droval to continue Roanoke County's
share of cost allocation at 25% for the Roanoke
County-Botetourt County Joint Library for Fiscal
Years 1996/97 throuah 2000/2001. (SDencer Watts.
Director of Libraries)
A-022796-4
Mr. Watts advised that the original terms of the Joint
Library Contract established a 50% cost sharing arrangement
between the two localities.
Following the 1990 survey, Roanoke
County's share was reduced to 25% based on the relative usage
February 27, 1996
117
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level of the facility. The contract allows for adjustment every
five years, and based on surveys conducted during October and
November of 1995, the Joint Library Commi ttee recommends that
there be no change in the allocation of costs, wi th Roanoke
County's share remaining at 25%. The Board of Trustees reviewed
this finding and endorsed this recommendation.
Supervisor
Johnson
moved
to
approve
the
staff
recommendation of continuing the cost allocation of 25% for
Roanoke County for five years.
The- motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Minnix moved to approve the first readings
and set the second readings and public hearings for March 26,
1996. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
h Ordinance to rezone 315+ acres from R-1. AG-1. and
AR to PRD. DlanDed residential develoDment to
construct residential homes and commercial
services. located on Cotton Hill Road. east and
west of the Blue Ridae Parkway. Cave SDrinq
Maaisterial District. UDon the Detition of Boone.
Boone & Loeb. Inc.
Supervisor Harrison requested that the staff furnish
118
February 27, 1996
him with a copy of the information previously provided other
Board members in 1995 concerning the potential rezoning for this
subdivision.
.L. Ordinance authorizina a SDecial Use Permit to
eXDand the existina church and school facilities.
located on Williamson Road across from Brookside
ShoDDina Center. Hollins Maaisterial District.
UDon the Detition of Shenandoah BaDtist Church.
Supervisor Eddy requested that before the second
reading of this ordinance, larger drawings and greater details be
provided about this request.
~ Ordinance authorizina a SDecial Use Permit to
eXDand an existina manufactured home Dark. located
at 5188 Yellow Mountain Road. vinton Maaisterial
District. UDon the Detition of Mountain Investors
CorD.
IN RE:
SECOND READING OF ORDINANCES
h Ordinance authorizina the acquisition of easements
to construct the carvins Creek Sewer InterceDtor
and the Glenvar East Sewer Main. (Gary Robertson.
utility Director)
0-022796-5
Mr. Robertson requested that the Board authorize
acquisition of several easements to accommodate the minor
realignment of sewer lines so that these sewer replacement
projects can be constructed as part of the Sewer capital
Improvement Program.
Supervisor Nickens moved to approve the ordinance. The
February 27, 1996
119
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motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022796-5 FOR AUTHORIZATION TO
ACQUIRE NECESSARY SEWER LINE EASEMENTS AND
PROPERTY TO CONSTRUCT THE CARVINS CREEK SEWER
INTERCEPTOR AND GLENVAR EAST SEWER MAIN
WHEREAS, location plans for the Carvins Creek Sewer
Interceptor and Glenvar East Sewer Main Projects have been
completed and the projects will require acquisition of sewer line
easements across certain properties; and
WHEREAS, said easements are to be acquired to
facilitate any future construction of the Carvins Creek Sewer
Interceptor and Glenvar East Sewer Main Projects; and
WHEREAS, Section 18.04 of the Roanoke County Charter
directs that the acquisition of real estate be accomplished by
ordinance; the first reading of this ordinance was held on
February 13, 1996, and the second reading was held on February
27, 1996.
NOW, THEREFORE, be it ordained by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the acquisition and acceptance of the
necessary sewer line easements for the Carvins Creek Sewer
Interceptor and Glenvar East Sewer Main Projects are hereby
authorized across the following properties, referenced by tax map
number, from the following property owners, their successors or
assigns:
TAX MAP NO.
PROPERTY OWNER
Carvins Creek Sewer Interceptor
27.00-1-2
27.11-4-55
27.16-1-1
Hollins College Corporation
Jimmie R. & Dorothy P.
Hollandsworth
Jeffrey E. & Melissa Ballard
Glenvar East Sewer Main
55.13-1-3
Krueger Metal Products, Inc.
120
February 27, 1996
F=
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2. That the consideration for each 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; and
3. That the consideration for each easement shall be
paid from the Sewer Repair and Replacement Fund; and
4. That the County Administrator is hereby authorized
to execute such documents and take such actions as may be
necessary to accomplish these acquisitions, all of which shall be
on form approved by the County Attorney.
On motion of Supervisor Nickens to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
APPOINTMENTS
ÀL Buildina Code Board of Adiustments and ADDeals
Supervisor
Nickens
advised
that
he
had
been
unsuccessful in contacting Mr. Thomas Darnall by telephone to
determine his willingness to serve another term and requested
that the Clerk write a letter to Mr. Thomas Darnall.
IN RE:
CONSENT AGENDA
R-022796-6
Supervisor Nickens moved to
adopt
the
Consent
Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 022796-6 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
February 27, 1996
121
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SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM M - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the certain section of the agenda of the Board
of Supervisors for February 27, 1996, designated as Item M-
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 4, inclusive, as follows:
1. Confirmation of Committee Appointment to the
League of Older Americans - Advisory Council.
2. Approval of Raffle Permit for Child Abuse
Prevention Council of Roanoke Valley, Inc.
3. Donation of storm drainage, sani tary sewer, and
waterline easements in connection with the
development of Harris Teeter at the intersection
of Brambleton Avenue and Colonial Avenue by R. S.
Dickson & Company, d/b/a Ruddick Investment
Company.
4. Donation of existing pump station lot and related
access easement in Section 1 of The Gardens of
Cotton Hill from Strauss Construction Corporation.
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Nickens to adopt the Consent
Resolution, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Harrison:
( 1) He reported on the meeting
that he attended at Glenvar High School concerning proposed
rezonings in West County, and advised that there will be another
122
February 27, 1996
meeting with the community, County staff and representatives from
the Virginia Department of Transportation to address concerns.
SUDervisor Nickens: (1) He thanked Mr. Mahoney for
sending him the information about value engineering that he
obtained from the state and advised that value engineering will
be used to evaluated the proposed Cave Spring High School. (2)
He suggested that pUblic disclosure of the tax rate indebtedness
and tax rates would better educate County citizens about the
posi tion of Roanoke County's rates as compared with the other
rates in the state. He asked for a reply from the staff to the
comments contained in the press release from Concerned Citizens
for Good Government. Supervisor Johnson agreed that the record
should be set straight. Mr. Hodge will get this information and
distribute.
SUDervisor EddY: (1) He asked for a response on the
memorandum that Mr. Hodge wrote concerning the request from
Pittsylvania County asking for support for General Assembly
formula lottery proceeds. He advised that he had mixed feelings
and Supervisor Minnix suggested caution before proceeding with
any position. (2) He thought that the article in The Roanoke
Times recently about the Virginia Tech farm in Catawba Valley was
very informative, and asked that the staff prepare a report on
ways to preserve the site for non-commercial purposes. After
discussion, it was the consensus of the Board that Mr. Hodge will
prepare a report. (3) He asked about the meeting which has been
February 27, 1996
-1n-------..--..
scheduled by Bob Herbert, Roanoke City Manager, to request
assistance for a Sports Complex near Victory Stadium. Mr. Hodge
advised that he will attend the meeting and bring back a report.
(4) He commented on a memorandum that Ms. Hyatt wrote to
Management Information Systems asking for a change in the utility
bills. He advised that he does not agree with threatening
disconnection after only one monthly payment is missed, and felt
that this change should have been approved by the Board. There
was a discussion concerning penal ties and monthly reading of
meters. Mr. Hodge advised that the pilot project with American
Electric Power for monthly reading of meters is in progress and
he will report on the final plans soon. (5) He asked about the
status of Cox Cable paying BPOL tax and Mr. Hodge advised that a
report will be made on March 12, 1996.
SUDervisor Minnix: (1) He advised that he agrees with
Supervisor Eddy's concern about putting threatening statements on
the utility bills. Ms. Hyatt and Mr. Hodge advised that the
wording will be changed. (2) He has received complaints
concerning citizens walking dogs on leashes, but allowing the
dogs to damage or destroy other citizens' property. He advised
that there are penalties for these offenses and described them.
SUDervisor Johnson: (1) He recognized Keith Cook,
Director of Human Resources, and advised that Mr. Cook will be
retiring soon. (2) He reported that he attended the Burlington
Elementary School PTA meeting with school administration staff to
124
February 27, 1996
discuss the bond referendum. He advised that he is committed to
addressing issues through value engineering, design phases, and
creative financing and without a tax increase. Supervisor Minnix
pointed out that no member of the Board wants a tax increase.
IN RE:
REPORTS
Supervisor Nickens moved to receive and file the
following reports. The motion carried by a unanimous voice vote.
~ General Fund UnaDDroDriated Balance
.L. CaDi tal Fund UnaDDroDriated Balance
~ Board Continqencv Fund
~ Statement of the Treasurer's Accountabilitv Der
Investments and Portfolio POlicy. as of January
31. 1996
h Statement of Estimated Revenues and EXDendi tures
as of January 31. 1996
~ Bond proiect status ReDort
IN RE:
EXECUTIVE SESSION
At 4: 15 p.m., Supervisor Nickens moved to go into
Executive Session following the budget work session pursuant to
the Code of Virginia Section 2.1-344 A (5) to discuss a
prospective business or industry; (3) to discuss acquisition of
real property from David W. Shelor and Constance R. Shelor for
public utility purposes and emergency communications; and (3) to
discuss acquisition of real property as it relates to the
proposed new Cave Spring High School. The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
NAYS:
None
February 27, 1996
-125-----
-
IN RE:
WORK SESSION
h Discussion of the followina budaet issues: Ca)
Debt POlicy: (b) CIP Draft: (c) Vehicle Inventorv:
(d) Year-end estimated eXDenditures and revenues;
(e) Rollovers: Cf) UDdate on BPOL Tax.
The work session began at 4:20 p.m. with Budget Manager
Brent Robertson updating the Board on the year-end estimated
expenditures and revenues. Commissioner of Revenue Wayne Compton
and Mr. Mahoney provided information concerning the BPOL tax.
General Service Director Bill Rand presented the Vehicle Policy.
It was the consensus of the Board that 411 and not 420 is the
number of vehicles officially authorized, and staff was directed
to reconcile the count and report back to the Board. Finance
Director Diane Hyatt presented the proposed Debt Policy. After
discussion, it was the consensus of the Board that the staff move
forward with the policy, contact other localities or states for
input as to how they handle, and report back to the Board for
authorization in ninety days. Due to lack of time, it was the
consensus of the Board that the work session be completed after
the evening session.
IH RE:
EXECUTIVE SESSION
The Executive Session began at 5:40 p.m. following the
budget work session.
126
February 27, 1996
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IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-022796-7
At 7:00 p.m., Supervisor Nickens moved to return to
open session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 022796-7 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
Certification Resolution,
vote:
Supervisor Nickens to adopt the
and carried by the following recorded
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
February 27, 1996
127
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IN RE:
EVENING SESSION
Chairman Johnson recognized the leader and members of
Boy Scout Troop #236 from the Windsor Hills Methodist Church who
were present.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
h Resolutions of ADDreciation to John MolumDhY and
Larrv Miles. Fire & Rescue volunteers. for over 25
years of service to Roanoke County
R-022796-8
Chairman Johnson presented the resolution and "Quarter
Century Club" plaque to Mr. Molumphy. Mr. Miles was not present
and his resolution and plaque will be mailed to him. Mr. Joey
Stump, Battalion Chief, and Ms. Amy Shelor, Fire & Rescue
Volunteer Coordinator, were present and congratulated Mr.
Molumphy.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 022796-8 OF APPRECIATION TO JOHN MOLUMPHY
AND LARRY HILES, FIRE & RESCUE VOLUNTEERS, FOR OVER 25
YEARS OF DEDICATED SERVICE TO THE COUNTY OF ROANOKE
WHEREAS, Roanoke County is indebted to the volunteers
who provide fire and rescue service during evening and weekend
hours to the citizens of the County; and
128
February 27, 1996
>---
WHEREAS, these men and women dedicate countless hours,
unpaid but appreciated, to ensure the safety of the people and
property of Roanoke County; and
WHEREAS, due to the complexity of family and business
life, few volunteers are able to maintain this type of commitment
over a long period of time, as demands on their time and energy
increase; and
WHEREAS, Roanoke County wishes to recognize those
people who have been able to continue in service to the citizens
of the County, and has established a Quarter Century Club for the
volunteers who have served for over 25 years; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, on its own behalf and on
the behalf on the citizens of the County, does hereby express its
deepest appreciation to the following dedicated citizens for over
twenty-five years of service as volunteers with the Roanoke
County Fire and Rescue Department: JOHN MOLUMPHY AND LARRY
MILES; and
FURTHER, BE IT RESOLVED, that they are hereby certified
as a member of the Quarter Century Club for Volunteers in Roanoke
County.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Harrison, Eddy, Nickens, Minnix
None
IN RE:
PUBLIC HEARINGS
h Public Hearina for citizens comments reqardina the
budaet for Fiscal Year 1996-97. (Brent Robertson.
Budaet Manaaer)
Mr. Robertson advised that there were no citizens
present to speak on this item.
.L. Public Hearina and Resolution ado~tina the
Virainia DeDartment of TransDortation Secondary
February 27, 1996
129
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Road six Year construction Plan for Fiscal Year
1996-2002. and allocation of funds for Fiscal Year
1996-97.
(Georae simDson. Assistant Director of
Enaineerinq & InSDections)
R-022796-9
Mr. Simpson advised that at a work session on February
13, 1996, the Board reviewed the Secondary Road System six Year
Construction Plan for fiscal year 1996-2002, and the funding for
fiscal year 1996-1997, based on an allocation of $2.7 million.
He explained that this was a public hearing for citizen comment
on the issue.
Mr. Arthur L. Kraus. 5854 Lost Mountain Road. asked
that the completion of the bridge at Lost Mountain Road and
Twelve O'clock Knob be expedited. He presented a notebook to the
Board containing pictures and a petition from the citizens. At
the request of Supervisor Eddy, Mr. Scott Hodge, Assistant
Resident Engineer for VDOT, explained the proposed schedule for
this project.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 022796-9 APPROVAL AND ADOPTION OF THE
SECONDARY ROAD SYSTEM SIX YEAR CONSTRUCTION PLAN FOR
FISCAL YEAR 1996-2002 AND APPROVAL OF THE ALLOCATION OF
FUNDS FOR FISCAL YEAR 1996-1997.
130
February 27, 1996
WHEREAS, a public hearing was held on February 27,
1996, to receive comments on the adoption of the Secondary Road
System six Year Construction Plan for Roanoke County for Fiscal
Year 1996-2002; and the adoption of the Funding for Fiscal Year
1996-1997; and
WHEREAS, the Board of Supervisors does hereby approve
the adoption of the Secondary Road System six Year Construction
Plan for Roanoke County for Fiscal Year 1996-2002 and allocations
for Fiscal Year 1996-1997 as set out on the attached Secondary
System Construction Program.
NOW, THEREFORE, BE IT RESOLVED that a copy of this
resolution duly attested be forthwith forwarded to the Virginia
Department of Transportation Salem Residency Office along with a
duly attested copy of the proposed Second Road System Six Year
Construction Plan for Roanoke County for Fiscal Year 1996-2002 by
the Clerk to the Board.
On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
h Ordinance authorizina a SDecial Use Permit to
construct a reliaious assembly facility. located
at the intersection of Route 11 and state Route
777. Catawba
Maaisterial District. upon the
Detition of Christian Life Fellowship Pentecostal
Holiness Church. (Terry Harrinaton. Director of
Plannina & Zonina)
0-022796-10
Mr. Harrington advised that this is the petition of the
Christian Life Fellowship Pentecostal Holiness Church for a
special use permit to build a new religious assembly building.
February 27, 1996
131
~",___..,_."._~_^,·~'~'__'_~".'_'·~._,,_~__·~~__,_w~'_'«'..____#.,_.~'_~___.
,~ ~~. ,..,- ._~'-~ ~'- --~ ._~_..~-'_.._,- ~~
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The facility will begin with a 10,380 square foot family life
center, which will double as a worship place until a 14,225
square foot sanctuary can be constructed.
The Planning
commission recommended approval with the condition that the
petitioner will provide a 25 foot buffer yard with evergreen
trees and shrubs per the ordinance. There was no discussion and
no citizens requested to speak on this issue
Supervisor Harrison moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022796-10 GRANTING A SPECIAL USE
PERMIT TO CHRISTIAN LIFE FELLOWSHIP
PENTECOSTAL HOLINESS CHURCH TO CONSTRUCT A
RELIGIOUS ASSEMBLY FACILITY AT THE
INTERSECTION OF ROUTE 11 AND STATE ROUTE 777
(TAX MAP NO. 54.04-3-1), CATAWBA MAGISTERIAL
DISTRICT
WHEREAS, Christian Life Fellowship Pentecostal Holiness
Church has filed a petition to construct a religious assembly
facility located at the intersection of Route 11 and State Route
777 (Tax Map No. 54.04-3-1) in the Catawba Magisterial District;
and
WHEREAS, the Planning Commission held a public hearing
on this matter on February 6,1996; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on January 23,
1996; the second reading and public hearing on this matter was
held on February 27, 1996.
NOW, THEREFORE BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a
132
February 27, 1996
special use permit to Christian Life Fellowship Pentecostal
Holiness Church located at the intersection of Route 11 and state
Route 777 (Tax Map No. 54.04-3-1) in the Catawba Magisterial
District is substantially in accord with the adopted 1985 Compre-
hensive Plan pursuant to the provisions of § 15.1-456 (b) of the
1950 Code of Virginia, as amended, and said Special Use Permit is
hereby approved with the following condition:
(1) Petitioner will provide a 25 foot buffer yard with
evergreen trees and shrubs per ordinance.
On motion of Supervisor Harrison to adopt the
ordinance, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
.L.
Ordinance
to
rezone
1.448
acres
from I-l
conditional to I-l to Dermit liaht industrial use.
located at 6152 Twine Hollow Road. catawba
Maaisterial District. UDon the Detition of Robert
and I.R. Stverak.
(Terry Harrinaton. Director of
Plannina & Zoning)
0-022796-11
Mr. Harrington advised that this is a request to remove
a proffered condition that limits the use of the property to the
assembly of electronic components. The request is being made to
allow the current owners to sell the property for use as any type
of permi tted I -1 zoning. The Planning Commission recommended
approval with no conditions. Attorney Ed Natt, spoke on behalf
of the petitioner.
There was no discussion and no citizens
requesting to speak on this issue.
Supervisor Nickens moved to adopt the ordinance. The
February 27, 1996
133
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_._--------------,------
- .
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---- --.-. . ~_.
~_..._-~-----~-~», ->- --~--~---"_._-
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motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022796-11 TO CHANGE THE ZONING
CLASSIFICATION OF A 1.448-ACRE TRACT OF REAL
ESTATE LOCATED 6152 TWINE HOLLOW ROAD (TAX
MAP NO. 63.04-3-18.1) IN THE CATAWBA
MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF I-l, CONDITIONAL, TO THE
ZONING CLASSIFICATION OF I-l, UPON THE
APPLICATION OF ROBERT AND I. R. STVERAK
WHEREAS, the first reading of· this ordinance was held
on January 23, 1966, and the second reading and public hearing
were held February 27, 1996; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on February 6, 1996; and
WHEREAS, legal notice and advertisement has been
provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract
of real estate containing 1.448 acres, as described herein, and
located at 6152 Twine Hollow Road (Tax Map Number 63.04-3-18.1)
in the Catawba Magisterial District, is hereby changed from the
zoning classification of I-I, Conditional, Industrial District,
to the zoning classification of I-I, Industrial District.
2. That this action is taken upon the application of
Robert and I. R. Stverak.
follows:
3. That said real estate is more fully described as
BEGINNING at a point in the center of Virginia
Secondary Route 778 at the northwest corner of the
property of Charlie Lee Bratton (DB 1113, page 360);
thence with the center of Virginia Secondary Route 778,
N. 47 deg. 54' 54" W. 310.09 feet to a point; thence
leaving Virginia Secondary Route 778, S. 29 deg. 53'
34" W. 149.25 feet to a point; thence S. 29 deg. 50'
134
February 27, 1996
14" E. 262.27 feet to a point; thence S. 39 deg. 00'
13" E. 95.65 feet to a point on the property of Charlie
Lee Bratton; thence with the same N. 27 deg. 0' 00" E.
414.00 feet to the Place of Beginning.
4. 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.
On motion of Supervisor Nickens to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
~ Ordinance authorizina a SDecial Use Permit to
allow a dental laboratory at 2121 Electric Road.
Windsor Hills Maaisterial District. UDon the
Detition of Dental Prosthetics Inc.
(Terry
Harrinaton. Director of Plannina & Zonina)
0-022796-12
Mr.
Harrington
advised that
the petitioner is
requesting a special use permit to allow a dental laboratory as
part of an existing office building.
He advised that one
condi tion should have been made a part of this request because
when the Planning Commission approved the request, the motion
included the recommendation to allow the dental lab in an area up
to 1700 square feet.
There was no discussion and no citizens
present to speak on this issue.
Supervisor Eddy moved to adopt the ordinance granting
February 27, 1996
135
·_·~·_·__·'~_·_·'__·_.··'__·__'___..__n~·___··~'_·__~·.~.._~.._~~.'____.~~_
-- -
_...~~.~. >~·_."._v_ ""_'_'o·"_"~'__R..,,_ _. ~,,~,'____.''',
_",.._.~____."'_·~A_".'_' "_'__"" ..._. _,__,__~.,__~~__ 'h_
~-~.. .._.- ~ .- _....,_.. .._.~.,._-, ,.-.--.,---.-'--'
the special use permit and include the condition to limit the
area of the dental lab to 1700 feet. The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022796-12 GRANTING A SPECIAL USE
PERMIT TO DENTAL PROSTHETICS INC. TO ALLOW A
DENTAL LABORATORY AT 2121 ELECTRIC ROAD (TAX
MAP NO. 76.07-4-32), WINDSOR HILLS MAGISTERI-
AL DISTRICT
WHEREAS, Dental Prosthetics Inc. has filed a petition
to allow a dental laboratory to be located at 2121 Electric Road
(Tax Map No. 76.07-4-32) in the Windsor Hills Magisterial
District; and
WHEREAS, the Planning Commission held a public hearing
on this matter on February 6, 1996; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on January 23,
1996; the second reading and public hearing on this matter was
held on February 27, 1996.
NOW, THEREFORE BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a
special use permit to allow a dental laboratory to be located at
2121 Electric Road (Tax Map No. 76.07-4-32) in the Windsor Hills
Magisterial District is substantially in accord with the adopted
1985 Comprehensive Plan pursuant to the provisions of § 15.1-456
(b) of the 1950 Code of Virginia., as amended, and said Special
Use Permit is hereby approved with the following condition:
(1) The maximum size of the dental lab shall not
exceed 1700 square feet.
On motion of Supervisor Eddy to adopt the ordinance and
include condition that the maximum size of the dental lab shall
not exceed 1700 feet, and carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
136
February 27, 1996
NAYS:
None
~ Ordinance to rezone 1.40 acres from C-2C to I-2C
wi th conditions to Dermi t a contractors storaae
yard at 2032 Hardv Road. vinton Maaisterial
District. UDon the Detition of Bedford Continuous
Gutterina Inc. (Terry Harrinaton. Director of
Plannina & Zonina)
0-022796-13
Mr. Harrington advised that this is a petition to
rezone a portion of a 1.40 acre site to allow construction of an
office. The petitioner has been utilizing this site for the past
five years for a gutter installation business which is not
permitted under C-2 zoning, and is asking to continue this use
and build an office building. The portion of the property that is
currently zoned C-2C was rezoned in 1985 with conditions that
specifically stated that it could only be used as a
distributorship for Snyder potato chips. Although this request
is not consistent with the Roanoke County Land Use Plan, this
rezoning will bring it into conformity with the Zoning Ordinance.
The Planning Commission recommend approval with four proffered
conditions. There was no discussion and no citizens requesting
to speak on this issue.
Supervisor Nickens moved to adopt the ordinance. The
motion carried by the following recorded vote:
February 27, 1996
137
..,_·.·._.~",._.~~'"__~__,~_._'.,~_..·~n__o<._.~~__._~____,____________
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_____._,_._ '_,_~__""'M_._ .. ___. _._.~_.~ _~_,"_, ~ ~.~..,,_ .~,__u "
,_____'___O~.~_.__M._..........~_~~M,____.~.<___,>___.____..__._.__
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022796-13 TO CHANGE THE ZONING
CLASSIFICATION OF A 1.40-ACRE TRACT OF REAL
ESTATE LOCATED 2032 HARDY ROAD (TAX MAP NO.
71.07-1-39) IN THE VINTON MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF C-
2C TO THE ZONING CLASSIFICATION OF I-2C WITH
CONDITIONS UPON THE APPLICATION OF BEDFORD
CONTINUOUS GUTTERING INC.
WHEREAS, the first reading of this ordinance was held
on January 23, 1996, and the second reading and public hearing
were held February 27, 1996; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on February 6, 1996; and
WHEREAS, legal notice and advertisement has been
provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract
of real estate containing 1.40 acres, as described herein, and
located 2032 Hardy Road (Tax Map Number 71.07-1-39) in the Vinton
Magisterial District, is hereby changed from the zoning
classification of C-2C, General Commercial District, to the
zoning classification of I-2C, Industrial District.
2. That this action is taken upon the application of
Bed~ord continuous Guttering 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) There will be no outside storage of materials.
(2) There will be no more than 3 trucks stored outside
on this property.
(3) The use of the property is limited to a
"construction yard" for a gutter installation business.
138
February 27, 1996
(4) An approximately 30' x 30' building can be
constructed on this site. No other expansion of the existing
facilities is permitted.
4. That said real estate is more fully described as
follows:
1.40 acres as shown on survey made for Frances W.
Weaver by T. P. parker, CLS, dated October 26, 1979,
new line added February 5, 1980; easements added March
10, 1986; which survey is recorded in the Clerk's
Office of the Circuit Court of Roanoke County,
Virginia, in Deed Book 1233, page 1733.
5. 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.
On motion of Supervisor Nickens to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
~ Ordinance amendina and reenactina Ordinance 82592-
12. The Zonina Ordinance by amendina Section 30-
54-2 (A) 2 and 30-54-2 (B) 1 to allow halfway
houses onlY bY SDecial Use Permit in C-2. General
Commercial Districts. (Terrv Harrinaton. Director
of Plannina & zoning)
0-022796-14
Mr. Harrington advised that this is a request to amend
the Zoning Ordinance to reclassify the land use type called
Halfway House from a permitted use by right to a permitted use by
special use in C-2 General Commercial Zoning Districts. The
February 27, 1996
139
- ,------
Planing Commission recommended approval. There was no discussion
and no citizens requesting to speak on this issue.
Supervisor Nickens moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022796-14 AMENDING AND REENACTING ORDINANCE
82592-12, THE ZONING ORDINANCE FOR ROANOKE COUNTY, BY
AMENDING SECTIONS 30-54-2 (A) 2 AND 30-54-2 (B) 1 TO
ALLOW HALFWAY HOUSES ONLY BY SPECIAL USE PERMIT IN C-2,
GENERAL COMHERCIAL DISTRICTS
WHEREAS, on August 25, 1992, the Board of Supervisors
of Roanoke County, Virginia, adopted Ordinance 82592-12 which
enacted a new zoning ordinance for Roanoke County; and,
WHEREAS, the Planning Commission for Roanoke County
held its public hearing on this amendment on February 6, 1996,
and recommended approval of the ordinance adopting these
amendments to the Board of Supervisors of Roanoke County,
Virginia; and,
WHEREAS, in the interest of public necessity,
convenience, general welfare, and good zoning practice, the Board
of Supervisors hereby amends certain provisions concerning
placement of halfway houses in the various zoning districts of
the County; and
WHEREAS, legal notice and advertisement has been
provided as required by law, and that the first reading of this
ordinance was held on January 23, 1996; and the second reading
and public hearing will be held on February 27, 1996.
BE IT ORDAINED, by the Board of Supervisors of Roanoke
County, Virginia, that the Zoning Ordinance for Roanoke County,
adopted on August 25 , 1992 , be, and hereby is, amended and
reenacted, as follows:
1. That Sections 30-54-2 (A) 2. and 30-54-2 (B) 1. be
amended to read and provide as follows:
ARTICLE III. DISTRICT REGULATIONS
140 February 27, 1996
Section 30-54-2. Permitted Uses
(A) The following uses are permitted by right subject to
all other applicable requirements contained in this
ordinance. An asterisk (*) indicates additional,
modified, or more stringent standards are listed in
Article IV. Use and Design Standards, for those
specific uses.
2. Civic Uses
Halfway IIOU3C
Section 30-54-2. Permitted Uses
(B) The following uses are allowed only by Special Use
Permit pursuant to Section 30-19. An asterisk (*)
indicates additional, modified, or more stringent
standards are listed in Article IV. Use and Design
Standards, for those specific uses.
1. Civic Uses
IHffi:lwix:::::::fîií!!
2. 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.
On motion of Supervisor Nickens to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
h Ordinance vaoatina Dortions of a 10' waterline
easement and a 20' sanitarv sewer easement across
DroDerty of R. S. Dickson & COmDany. DBA Ruddick
Investment ComDanv located at the intersection of
Brambleton Avenue and Colonial Avenue.
(Paul M.
Mahoney. County Attorney)
February 27, 1996
141
,_. ~
-,~~-
0-022796-15
Mr. Mahoney advised that this is the second reading of
ordinance to vacate several easements to facilitate development
of the new Harris Teeter at the intersection of Brambleton Avenue
and Colonial Avenue. He pointed out that on the consent agenda
for this meeting, the petitioner was conveying to the County
easements to replace those being vacated. There was no
discussion and no citizens present to speak on this issue.
Supervisor Minnix moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022796-15 TO VACATE PORTIONS OF A
10' WATERLINE EASEMENT AND A 20' SANITARY
SEWER EASEHENT ACROSS PROPERTY OF R. S.
DICKSON & COMPANY, DBA RUDDICK INVESTMENT
COMPANY, LOCATED AT THE INTERSECTION OF
BRAHBLETON AVENUE AND COLONIAL AVENUE
WHEREAS, by deed of easement dated October 30, 1973,
and recorded in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, in Deed Book 984, page 439, Mick-or-
Mack Stores Co., Inc., as owner of the subject parcel of land,
conveyed a sewer line easement twenty feet (20') in width to the
Roanoke County Public Service Authority (predecessor to the Board
of Supervisors of Roanoke County); and,
WHEREAS, by deed of easement dated March 15, 1979, and
recorded in the aforesaid Clerk's Office in Deed Book 1119, page
123, Mick-or-Mack Stores Co., Incorporated conveyed a waterline
easement ten feet (10') in width to the Board of Supervisors of
Roanoke County; and,
WHEREAS, the petitioner, R. S. Dickson & Company, dba
Ruddick Investment Company (Ruddick), is the current owner and
developer of the parcel of land over which the above-described
142
February 27, 1996
-
easements are located,
intersection of Brambleton
designated on the Roanoke
86.08-1-4; and,
said parcel being located at the
Avenue and Colonial Avenue, and being
County Land Records as Tax Map No.
WHEREAS, Ruddick has requested that the Board of
Supervisors of Roanoke County, Virginia, vacate portions of the
above-described 10' waterline easement and 20' sanitary sewer
easement to facilitate development of the property, and in
exchange, Ruddick is to convey alternative easements to the Board
of Supervisors; and,
WHEREAS, the proposed new easements meet the
requirements of the affected County departments and the
relocation will allow for the provision of equivalent service.
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 February 13, 1996; and a
second reading was held on February 27, 1996; and,
2. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the subject real estate
(portions of easements) are hereby declared to be surplus and the
nature of the interests in real estate render them unavailable
for other public uses; and,
3. That, subject to the following conditions, a
portion of the 10' waterline easement across property of R. S.
Dickson & Company, dba Ruddick Investment Company, located at the
intersection of Brambleton Avenue and Colonial Avenue in the Cave
Spring Magisterial District of Roanoke County, cross-hatched and
designated as "10' WATER LINE EASEMENT D.B. 11l9, PG. 123 TO BE
VACATED" on the 'Plat Showing "Exhibit A" A Portion Of A 10'
Water Line Easement (D.B. 1119, Pg. 123) To Be Vacated Located On
Parcel 2-A,' dated 25 October 1995, a copy of which is attached
hereto, be, and hereby is, vacated; and,
4. That, subject to the following conditions, a
portion of the 20' sanitary sewer easement across property of R.
S. Dickson & Company, dba Ruddick Investment Company, located at
the intersection of Brambleton Avenue and Colonial Avenue in the
Cave Spring Magisterial District of Roanoke County, cross-hatched
and designated as "20' SANITARY SEWER EASEMENT D.B. 984, PG. 439
TO BE VACATED" on the 'Plat Showing "Exhibit C" sanitary Sewer
February 27, 1996
143
___M.
-<- _. _.
- - -- ,~'~
Easement (D.B. 984, Pg. 439) To Be Vacated Located On Parcel 2-
A,' dated 8 February 1996, a copy of which is attached hereto,
be, and hereby is, vacated; and,
5. That, in exchange, the proposed alternative
easements as approved by Roanoke County shall be granted to the
Board of Supervisors; and,
6. That, as a condition to the adoption of this
ordinance, R. S. Dickson & Company, dba Ruddick Investment
Company shall be responsible for relocation of the water and
sewer lines, which must be acceptable to and approved by Roanoke
County upon completion, and shall be responsible for all costs
and expenses associated herewith, including but not limited to,
vacation of the easements, conveyance of the alternative
easements, recordation of documents, surveys, and relocation of
lines; and,
7. That the County Administrator is hereby authorized
to execute such documents and take such actions as may be
necessary to accomplish this vacation and associated
acquisi tions, 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:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
~ Ordinance vacatina lots 16. 17. 18. and 19 of the
Hidden Valley Subdivision accessed off Indian
Grave Road and located in the Cave SDrina
Maaisterial District UDon the ~etition of Jeffrey
w. Hodaes and Cheryl A. Hodaes. (Georae simDson.
Assistant Director of Enaineerina & InsDections)
0-022796-16
Mr. Mahoney advised that there had been no change in
this ordinance since the first reading. There was no discussion
144
February 27, 1996
=
and no citizens present to speak on this issue.
Supervisor Minnix moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022796-16 VACATING A PORTION (LOTS
16, 17, 18, AND 19) OF THE PLAT OF HIDDEN
VALLEY SUBDIVISION (PLAT BOOK 3, PAGE 2)
ACCESSED OFF INDIAN GRAVE ROAD IN THE CAVE
SPRING MAGISTERIAL DISTRICT
WHEREAS, Jeffrey w. Hodges and Cheryl A. Hodges, the
petitioners, are the record owners of Lots 16, 17, 18, and 19, in
the Hidden Valley Subdivision, located off of Indian Grave Road,
in the Cave Spring Magisterial District of the County of Roanoke,
Virginia; and,
WHEREAS, said lots are designated and shown upon the
"MAP OF HIDDEN VALLEY" dated Feb. 24, 1947, and recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia,
in Plat Book 3, page 2: and,
WHEREAS, Petitioners have requested that Lots 16, 17,
18, and 19 of said subdivision plat be vacated; and,
WHEREAS, §15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that such action be accomplished by the
adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by §15.1-431
of the 1950 Code of Virginia, as amended, and the first reading
of this ordinance was held on February 13, 1996; the public
hearing and second reading of this ordinance was held on February
27, 1996.
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That the portion designated and shown as Lots 16,
17, 18, and 19 of "MAP OF HIDDEN VALLEY" dated Feb. 24, 1947, and
recorded in the aforesaid Clerk's Office in Plat Book 3, page 2,
said lots being referenced on the Roanoke County Land Records as
Tax Map Nos. 98.01-1-38, 98.01-1-39, 98.01-1-40, and 98.01-1-41,
February 27, 1996
145
~~-----~_._.-._-~--,-,._---"-_.--.-..------- .
-.-. ..
~~___._._~_._ _~w,~.~'_.____.~'"~____.~._.______~__~.~._..
- ,,- ~ _.
respectively, be, and hereby is, vacated pursuant to Section
15.1-482(b) of the 1950 Code of Virginia, as amended; and,
2. That the Department of Engineering and Inspections
shall record a certified copy of this ordinance with the Clerk of
the Circuit Court of Roanoke County, Virginia, and all costs and
expenses associated herewith, including but not limited to,
publication costs, survey costs and recordation of documents,
shall be the responsibility of the Petitioners, Jeffrey W. Hodges
and Cheryl A. Hodges; and,
3. That this ordinance shall be effective 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:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
h Ordinance to rezone 11.47 acres from R-3 to C-2
with conditions to allow commercial uses. located
on the west side of Oaden Road at the terminus of
Leslie Lane. north of NS Railroad tracks. Cave
SDrina Maaisterial District. UDon the Detition of
Industrial DeveloDment Authority (Anaie Laina).
(Terrv Harrinaton. Director of Plannina & zoninq)
0-022796-17
Mr. Harrington advised that is a request from the IDA
to rezone three parcels of land owned by Angie Laing from
residential to general commercial in order to market the
properties. The Planning Commission recommended approval with
one proffered condition. There was no discussion and no citizens
present to speak on this issue.
146
February 27, 1996
-
Supervisor Minnix moved to adopt the ordinance with the
proffered conditions.
The motion carried by the following
recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022796-17 TO CHANGE THE ZONING
CLASSIFICATION OF A 11.47-ACRE TRACT OF REAL
ESTATE LOCATED ON THE WEST SIDE OF OGDEN ROAD
AT THE TERMINUS OF LESLIE LANE NORTH OF THE
NORFOLK SOUTHERN RAILROAD TRACKS (TAX MAP NO.
77.19-1-1, 77.19-1-2, 77.19-1-3) IN THE CAVE
SPRING MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF R-3 TO THE ZONING
CLASSIFICATION OF C-2 WITH CONDITIONS UPON
THE APPLICATION OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF ROANOKE COUNTY (ANGIE LAING)
WHEREAS, the first reading of this ordinance was held
on November 21, 1995, and the second reading and public hearing
were held December 12, 1995, and continued to February 27, 1996:
and
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on December 5, 1995, and February
6, 1996; and
WHEREAS, legal notice and advertisement has been
provided as required by law.
BE IT ORDAINED by the Board of supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract
of real estate containing 11.47 acres, as described herein, and
located at the terminus of Leslie Lane on the west side of Ogden
Road north of the Norfolk Southern railroad tracks (Tax Map
Number 77.19-1-1, 77.19-1-2, 77.19-1-3) in the Cave Spring
Magisterial District, is hereby changed from the zoning
classification of R-3, Medium Density MUlti-Family Residential
District, to the zoning classification of C-2, General Commercial
District.
2. That this action is taken upon the application of
February 27, 1996
147
=-...=;
_____4__·__~_~__,_·~~~____
~_______.·_~.w_~_._~.·__.·__~'~4_'~~.___.~_.___
- _. - ~
The Industrial Development Authority of Roanoke County (Angie
Laing) .
3. That the owner of the property has voluntarily
proffered in writing the following conditions, which conditions
the Board hereby accepts:
1) A natural vegetation buffer of 100 feet shall be
retained and maintained in similar condition of the western
boundary of the Angie Laing property extending from the center
line of the natural water course to the northeast boundaries of
the residential properties defined as Tax Map Parcels 77.19-2-47;
48; and 49; and to the eastern portion of 77.19-2-17.19. This
buffer shall not preclude the future location of a storm water
management area in the vicinity of the southeastern corner of the
Angie Laing property and the Norfolk-Southern railway line if the
same is required by Roanoke County during site development.
4. That said real estate is more fully described as
follows:
77.19-1-1
BEGINNING at a point on the north line of the railway right-of-
way, 5 1/8 feet S. 66 deg. 25' E. of the center of a double white
oak, marked at "A"; thence a new line, passing the white oak N.
66 deg. 25' W. 237.5 feet crossing a 15' farm road to a small
black pine standing on the west side of a ditch at "2"; thence
down the west side of ditch N. 43 deg. 55' W. 211 feet to a point
in the branch at "3" on the old outside line; thence with the old
outside line, down the branch N. 25 deg. 33' E. 195 feet to "4";
thence N. 18 deg. 33' E. 326.7 feet leaving the branch near the
corner to a stone on the south side of same at "5"; thence with
HOfawger's and others lands S. 74 deg. 54' E. 853.4 feet to a
point on the north side of the said farm road at "6"; thence
crossing the said farm road at S. 29 deg. 2' E. 313.5 feet to a
stake on the north line of the railroad right-of-way at "7";
thence along the north line of the railroad right-of-way S. 74
deg. 28' W. 719.4 feet to "8"; thence a tangent curve 116 feet to
the Place of Beginning, containing 9.45 acres.
77.19-1-2
BEGINNING at old Corner 3, the southwest corner of the 0.367 acre
parcel, more or less, conveyed to Warren C. Laing, et ux., by
Lottie R. Jamison, said Beginning Point on the northerly side of
W. F. Lockett Road being about 204 years, more or less, westerly
as measured along the northerly side of W. F. Lockett Road from
the point of intersection of same and the westerly side of an old
road, which intersection is about 1/10 mile northerly from
Virginia Highway Route 681 and about 1/4 mile from Virginia
148
February 27, 1996
ï==
-
Highway Route 119; thence leaving the Beginning Point and with
the northerly side of W. F. Lockett Road approximately 15 feet
northerly from the centerline of same, S. 78 deg. 04' 10" W.
88.50 feet to a new iron pin corner: thence with the three new
lines across the Lottie R. Jamison (widow) original 11.364 acre
tract, more or less, N. 45 deg. 14' 20" W. 48.06 feet to an iron
pin at Corner 7; thence N. 20 deg. 38' 40" E. 123.48 feet to an
iron pin at Corner 8; thence N. 36 deg. 23' 40" E. 92.17 feet to
Corner 9, which is S. 36 deg. 23' 40" W. 0.50 feet from an iron
pin reference point; thence with the southwesterly line of the T.
R. Leslie property, S. 47 deg. 00' E. 66.01 feet to old Corner 5,
which is S. 44 deg. 42' 20" W. 0.42 feet from an iron pin
reference point; thence with the northwest side of the 0.367 acre
Warren C. Laing property (formerly Lottie R. Jamison property) S.
44 deg. 42' 20" W. 112.53 feet to an iron pin at old Corner 4;
thence S. 33 deg. 36' 40" E. 96.42 feet to an iron pin at Corner
3; the Place of Beginning, containing 0.337 acre, more or less.
77.19-1-3
BEGINNING at an iron pin at Corner 1 on the north side of W. F.
Lockett Road at the southwest corner of T. R. Leslie property of
record in the Clerk's Office of the Circuit Court for Roanoke
County, said Beginning Point being approximately 155 yards from
the northwest corner of intersection of Old Road and W. F.
Lockett Road, said intersection being 0.1 mile north of Va. Hwy.
Rt. 681; thence with the north side of W. F. Lockett Road, S. 55
deg. 00' 30" W. 40 feet to an iron pin at Corner 2; thence
continuing with the same S. 71 deg. 09' 10" W. 108.52 feet to an
iron pin at Corner 3; thence leaving W. F. Lockett Road and with
two new lines through the property of Lottie R. Jamison, widow,
(DB 255, Page 143) N. 33 deg. 36' 40" W. 96.42 feet to an iron
pin at Corner 4, N. 44 deg. 42' 20" E. 112.53 feet to a point in
the southwest line of T. R. Leslie property at Corner 5 where an
iron pin is N. 44 deg. 42" 20" E. 0.42 feet from corner; thence
with the southwest line of T. R. Leslie property S. 47 deg. 00'
E. 149.97 feet to Corner 1, the Place of Beginning, containing
0.367 acre, more or less.
5. 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.
On motion of Supervisor Minnix to adopt the ordinance,
and carried by the following recorded vote:
February 27, 1996
149
.-.-.-- ~- ~.~.-
~~~-~. --......, -~' -,-'...- -
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
h Ordinance to rezone 6.7 acres from R-3 to C-2 to
allow commercial uses. located on the west side of
Oaden Road. north of the NS Railroad tracks. Cave
SÞrina Maaisterial District. UDon the Detition of
Industrial DeveloDment Authoritv (stranna Arthur).
(Terry Harrinaton. Director of Plannina & Zonina)
0-022796-18
Mr. Harrington advised that is a request from the IDA
to rezone six parcels of land owned by Stranna Arthur from
residential to general commercial in order to market the
properties. The Planning Commission recommended approval. There
was no discussion and no citizens present to speak on this issue.
Supervisor Minnix moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022796-18 TO CHANGE THE ZONING
CLASSIFICATION OF A 6. 7-ACRE TRACT OF REAL
ESTATE LOCATED ON THE WEST SIDE OF OGDEN ROAD
NORTH OF THE NORFOLK SOUTHERN RAILROAD TRACKS
(TAX MAP NOS. 77.19-1-4, 77.15-1-12, 77.15-1-
13, 77.15-1-14, 77.15-1-15, 77.15-1-16) IN
THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE
ZONING CLASSIFICATION OF R-3 TO THE ZONING
CLASSIFICATION OF C-2 UPON THE APPLICATION OF
THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
ROANOKE COUNTY (STRANNA ARTHUR)
150
February 27, 1996
r---
===
WHEREAS, the first reading of this ordinance was held
on November 21, 1995, and the second reading and public hearing
were held December 12, 1995, and continued to February 27, 1996;
and,
WHEREAS, the Roanoke County Planning commission held a
public hearing on this matter on December 5, 1995, and February
6, 1996; and
WHEREAS, legal notice and advertisement has been
provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract
of real estate containing 6.7 acres, as described herein, and
located on the west side of Ogden Road north of the Norfolk
Southern Railroad tracks (Tax Map Number 77.19-1-4, 77.15-1-12,
77.15-1-13, 77.15-1-14, 77.15-1-15, 77.15-1-16) in the Cave
Spring Magisterial District, is hereby changed from the zoning
classification of R-3, Medium Density MUlti-Family Residential
District, to the zoning classification of C-2, General Commercial
District.
2. That this action is taken upon the application of
The Industrial Development Authority of Roanoke county (stranna
Arthur) .
follows:
3. That said real estate is more fully described as
77.19-1-4
BEGINNING at a point on the northerly side of the Norfolk and
Western Railway right-of-way, which beginning point is N. 27 deg.
30' W. 666.5 feet from the northwesterly corner of the property
owned by the Moses st. Clair heirs; thence with the said northerly
side of the Norfolk and Western Railway right-of-way, S. 75 deg.
05' W. 262 feet to a stake on same; thence with the easterly
boundary of the Poff property (formerly W. H. Lockett property),
N. 27 deg.30' W. 288.5 feet to a point on the same; thence with
the southerly side of Lockett Road, S. 61 deg. 45' E. 254 feet to
a point on the westerly side of an old public road; thence with
the said westerly side of an old public road, S. 27 deg. 30' E.
350 feet to the Place of Beginning and containing 1.86 acres.
77.15-1-12
BEGINNING at an old corner in the County road; thence S. 26 deg.
9' W. 236 feet to a fence post; thence S. 42 deg. 45' W. 374 feet
to a fence corner post; thence N. 75 deg. 00' W. 182 feet to a
February 27, 1996
151
'-,. ~~~_.. _.',_.-
fence corner post; thence N. 42 deg. 50' E. 664 feet to a fence
corner post; thence S. 63 deg. 00' E. 105.8 feet to an old corner
in the County road, and containing 2.16 acres, more or less. Less
and except that certain .836 acre parcel formerly conveyed to T.
R. Leslie and Eleanor Leslie, husband and wife, from J. T.
Powell, Sr., and Hazel M. Powell by deed dated January 21, 1965,
and of record in the Clerk's office of the Circuit Court of
Roanoke County in Deed Book 762 at page 307.
77.15-1-13
BEGINNING at an iron pipe in a bend of a road corner to (formerly
Noah J. Wertz); thence a new line S. 42 deg. W. along a wire
fence 244.9 feet to an iron pipe, on Wm. F. Lockett's line at 2;
thence S. 30 deg. 20' E. 118.25 feet to an iron pipe; thence N.
59 deg. 40' E. 215.94 feet to a fence corner post at 6; thence N.
25 deg. 10' W. 193.35 feet to the Place of Beginning: Known as
Parcel A-0.794 acre.
77.15-1-14
Commencing at the most southerly corner of the 0.20 acre tract
for the Point of Beginning; thence N. 74 deg. 24' W. a distance
of 112.24 feet, to Corner #3; thence N. 42 deg. 00' E. a distance
of 123.88 feet, to Corner #2; thence S. 30 deg. 20' E. a distance
of 118.25 feet, to Corner #5; thence S. 59 deg. 40' W. a distance
of 40.00 feet, to Corner #4, the Point of Beginning, containing
0.20 acres, more or less.
77.15-1-15
BEGINNING at a tack in the top of a fence post at corner no. 1 at
the west corner of the 0.197 acre tract property of L. M. Arthur
and on the northerly line of the T. R. Leslie property: thence
with the northerly line of Leslie property following existing
fence N. 75 deg. 12' 20" W. 18l.19 feet to an iron pin on the
east side of a fence post at corner no. 2 and at the south corner
of the E. F. Jamison property; thence with the southeasterly line
of the Jamison property generally following the existing fence N.
42 deg. 39' 50" E. 269.87 feet to an iron pin at corner no. 3;
thence with a new line through the property of J. T. Powell, Sr.
and wife S. 47 deg. 13' 40" E. 160.45 feet to an iron pin at
corner no. 4 on the northwesterly line of T. R. Leslie 0.794 acre
tract; thence with the same and with the northwesterly line of L.
N. Arthur property fOllowing the existing fence S. 42 deg. W.
184.87 feet to corner no. 1, the Place of Beginning, containing
0.836 acre, more or less.
77.15-1-16
BEGINNING at a point on the north side of W. F. Lockett's private
road "A" corner to M. Boone's lot; thence running along the north
side of said road a new line S. 31 deg. 45' W. 210 feet to a
152
February 27, 1996
'---
stake at "2"; thence leaving the road N. 47 deg.OO' W. 409 feet
to a stake at "3"; thence N. 20 deg. 30' E. 11 feet to a stake at
"4" corner on the line of W. H. Hofawger's land; thence with his
line and the line of others S. 74 deg. 54' E. 420 feet to the
Place of Beginning and containing 1.02 acres.
4. 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.
On motion of Supervisor Minnix to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
PUBLIC HEARING CONTINUED
Chairman Johnson announced that the following public
hearing has been continued until March 26, 1996 by the Planning
commission
Ordinance to rezone 1.07 acres from C-2 to I-l to
construct offices and warehouse for ~harmaceutical
sUDDlies at 7605 Robertson Lane. Hollins
Maaisterial District. UDon the Deti tion of HCMF
CorD.
IN RE:
CITIZEN COMMENTS AND COMMUNICATIONS
~ Mr. Robert Eqbert. 3571 Bradshaw Road. asked that
the Board formally oppose any future requests for rezoning the
Virginia Tech Farm in the Catawba Valley to residential or
commercial status. He also requested that the recommendation of
the Resource Preservation Focus Group from the recent visioning
process be implemented concerning the establishment of a natural
February 27, 1996
153
-
_.~-,-_._--'" -,-
-- ~~-" -~_.,
and scenic resource foundation to accept land donations,
easements or cash to buy the development rights.
Chairman Johnson advised that this subject was brought
up earlier in the meeting by Supervisors Eddy and Harrison, and
that staff was directed to prepare a report concerning various
options for preservation of this land.
Supervisor Harrison
advised that he had received a response to his letter from
Delegate Richard Cranwell in support of preserving the land.
h Ms. Jan Dowlinq, 3126 Garst Cabin Drive, asked
that the Board preserve the Virginia Tech Farm in the Catawba
Valley from development; that the Board follow the County's
visioning statements; and agreed that a land trust should be
created.
IN RE:
REQUESTS FOR PUBLIC HEARINGS
h Request for Public Hearina on March 26. 1996 for
citizen comments on the Real Estate Tax Rate and
the "Effective" Real Estate Tax Rate Increase.
(Brent Robertson. Budaet Manager)
A-022796-19
Mr. Hodge requested that the Board set a public hearing
on March 26, 1996, for comments on the proposed real estate tax
rate, and asked that the advertised tax rate should not exceed
$1.13 per 100 of assessed value.
Supervisors Johnson, Nickens, Minnix, and Harrison all
154
February 27, 1996
spoke in support of maintaining the present tax rate of $1.13
because they feel that the school proj ects can be completed
within the present budget and resources of the County.
Supervisor Eddy advised that he preferred advertising the tax
rate as not to exceed $1.15 and retaining the option to set the
tax rate at a lower amount at the appropriate time.
Supervisor Minnix moved to set the public hearing for
March 26, 1996, and advertise the tax rate not to exceed $1.13
per $100 assessed valuation. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Minnix, Harrison, Nickens, Johnson
Supervisor Eddy
.L. Reauest for Public Hearina on March 26. 1996 for
citizen comments on the Personal ProDerty and
Machinery and Tools Tax Rates. (Brent Robertson.
Budaet Manaaer)
A-022796-20
Mr. Hodge requested that the Board set a public hearing
on March 26, 1996, for comments on the personal property and
machinery and tools tax rates. He advised that no changes are
being requested and the personal property tax rate would be
advertised at $3.50 per $100 assessed valuation and machinery and
tools tax rate at $3.00 per $100 assessed valuation.
Supervisor Nickens asked that the staff bring back a
February 27, 1996
155
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--
_J
-~>_.~~.~._-,
report on using the personal property and machinery and tools tax
rates instead of real estate tax rates if additional taxes are
necessary. There was no consensus of the Board to move forward
with this request.
Supervisor Minnix moved to set the public hearing for
March 26, 1996, and advertise the personal property tax rate not
to exceed $3.50 per $100 assessed valuation and the machinery and
tools tax rate not to exceed $3.00 per $100 assessed valuation.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
RECESS
At 8:20 p.m., Chairman Johnson declared a five minute
recess to resume the Budget Work Session in the fourth floor
training room.
IN RE: CONTINUATION OF WORK SESSION
h Discussion of the followina budaet issues: (A)
CIP Draft: and (b) Rollovers.
It was the consensus of the Board that Mr. Hodge will
bring back a draft of the rollover policy with 60% of the savings
being returned to the departments after administrative review,
and only non-reoccurring capital expenses to be included. Mr.
Brent Robertson responded to questions from the supervisors
156
February 27, 1996
concerning the format of the Capital Improvement Program and
several of the individual items. He will provide a list of the
CIP projects and evaluation criteria to the Board members so that
they can rank the projects.
After discussion, it was the
consensus of the Board that John Hubbard, Executive Director,
Roanoke Valley Resource Authority, be contacted about commingled
recycling at the transfer station and that the topic be added to
the agenda for the joint meeting with the City of Roanoke on
March 4, 1996.
IN RE:
ADJOURNMENT
At 9:40 p.m., Supervisor Chairman declared the meeting
adjourned to March 4, 1996, at 12:30 p.m. at the Hotel Roanoke
for a joint meeting with the Roanoke City Council.
Submitted by,
Approved by,
~.~
Brenda J. Holton
Deputy Clerk to the Board