8/27/1996 - Regular
-
Au~ust 27, 1996
5~
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
August 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 August, 1996.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3: 00 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Bob L. Johnson, Vice Chairman Harry C.
Nickens, Supervisors Lee B. Eddy, Fenton F.
"Spike" Harrison, H. Odell "Fuzzy" Minnix
MEMBERS ABSENT:
None
STAFF PRESENT:
John M. Chambliss, Assistant County Administrator;
Paul M. Mahoney, County Attorney; Brenda J.
Holton, Deputy Clerk; Don C. Myers, Assistant
County Administrator; Anne Marie Green, Director,
Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend James W. Reynolds,
Retired, United Methodist Church.
The Pledge of Allegiance was
recited by all present.
58~
August 27, 1996
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Chambliss added a new business item: authority to
vote proxy for Trigon demutualization. Chairman Johnson advised
that appointments to the Metropolitan Transportation District
study Committee will be discussed in Executive Session pursuant
to Code section 2.1-344 A (3) personnel.
supervisor Harrison
asked to add item to executive session: (7) acquisition of real
property for Hanging Rock Battlefield.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Resolution of Appreciation upon the retirement of
Elizabeth Leah. Registrar.
R-082796-1
Chairman Johnson presented the resolution to Ms. Leah.
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 082796-1 EXPRESSING APPRECIATION UPON THE
RETIREMENT OF ELIZABETH LEAH, REGISTRAR
WHEREAS, Elizabeth Leah was employed as Registrar for
the County of Roanoke on December 1, 1969, and has served as
Registrar for twenty-six years; and
WHEREAS,
voters of Roanoke
eligible citizens,
nation at large and
during Ms. Leah's tenure, the registered
County grew to 46,000, representing 80% of
which is a far higher percentage than the
most other jurisdictions; and
August 27. 1996
585
WHEREAS, the Registrar's Office performs their
responsibilities with great public respect, and received one of
the highest ratings in the recent citizen Satisfaction Survey;
and
WHEREAS, under her direction, the Registrar's Office
instituted computerized record keeping, implemented the
provisions of the National Voter Registration Act, and initiated
on-going tests of electronic voting alternatives for future use;
and
WHEREAS, Ms. Leah has served as President and in many
other capacities with the Voter Registrars Association of
Virginia; and
WHEREAS, Ms. Leah through her emploYment with Roanoke
County has been instrumental in improving the quality of life for
its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County expresses its deepest appreciation
and the appreciation of the citizens of Roanoke County to
ELIZABETH LEAH for twenty six years of capable, loyal and
dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its
best wishes for a happy, restful, and productive retirement.
On motion of Supervisor Minnix to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Recognition of Sheila Rose Dooley for being named
Public Employee of the Year by the Roanoke Valley
Regional Homebuilders Association.
Chairman
Johnson
presented
Ms.
Dooley
with
a
Certificate of Recognition. This award is presented annually by
the Homebuilders to a public employee whom they consider an asset
to
the
building
community
and
exhibits
a
helpful
and
knowledgeable attitude.
.~,-
_._<~--~,---
586
August 27, 1996
_.___,____.._~_,.._.__~___.__,,"""._~_~~_.~_.__.~___._.._,_~____~_·ø__~_
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IN RE:
NEW BUSINESS
~ Request for approval of an agreement for a Public-
Private Partnership with an economic development
prospect.
(Brian Duncan. Assistant Director of
Economic Development)
R-082796-2
Mr. Duncan advised that staff has been working to
locate an economic development prospect on an approximate one
acre tract in the Route 460 East Bonsack Corridor, and a key
factor affecting the location of the prospect and other
development in the area is the absence of a storm water
management plan. staff is requesting approval of the draft
performance agreement and the appropriation of $105,220 from the
Board Contingency Fund for
the design and construction of a
regional storm water detention pond, the extension of a sewer
line and paYment of utility connection fees.
Supervisor Johnson advised that he would exclude
himself from any discussion and voting since his firm has
contiguous property for sale. It was the consensus of the Board
that the Public Private Partnership Policy will be revised before
the next meeting.
Supervisor Nickens moved to adopt the resolution
approving the agreement and appropriating $105,220 from the Board
contingency Fund.
The motion carried by the following recorded
-,
-
Au~ust 27, 1996
587
-
vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson
RESOLUTION 082796-2 AUTHORIZING THE EXECUTION OF A
PERFORMANCE AGREEMENT WITH AN ECONOMIC DEVELOPMENT
PROSPECT AND THE APPROPRIATION OF $105,220 TO PROMOTE
AND ENCOURAGE ECONOMIC DEVELOPMENT IN ROANOKE COUNTY
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, desires to promote and encourage the economic
development and vitality of Roanoke County and the Roanoke Valley
through the recruitment and retention of industry on behalf of
the citizens of the Roanoke Valley, in order to provide for
increased emploYment and corporate investment in Roanoke County;
and
WHEREAS, this increased emploYment and investment
constitute a valid purpose for the expenditure of public funds;
and
WHEREAS, the economic development prospect desires to
support the economic development efforts of the County and
anticipates constructing its headquarters in the U. S. Route 460
Corridor.
NOW THEREFORE, BE IT RESOLVED, by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the County Administrator, or his designee, is
hereby authorized to execute a Performance Agreement with the
economic development prospect for the purposes of promoting
economic development and providing incentives for private
investment in facilities and equipment in Roanoke County, all
upon form approved by the County Attorney.
2. That the sum of $105,220 is hereby appropriated
from the Board Contingency Fund in order that the County may
fulfill its obligations under the performance agreement and to
finance public incentives for business locations and expansions.
3. That these public incentives include extensions of
public utilities, drainage improvements, paYment of connection
fees, and the creation of a community storm water management
facility.
588
~112n~t ~~996
On motion of supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson
~ Authorization to apply to the Virginia Public
School Authority for $1.300.000 previously
approved to complete Northside High School
GYmnasium/Auditorium/Classrooms. (Diane Hyatt.
Director of Finance)
R-082796-3
Ms. Hyatt advised that on May 14, 1996, the Board of
Supervisors appropriated $2.8 million for the completion of the
Northside School Project. This amount consisted of $1.5 million
from a literary fund loan already received and $1.3 million to be
borrowed from the 1996 Fall VPSA Bond sale. The School Board
approved authorizing the application to VPSA on August 22, 1996,
and she requested that the Board of Supervisors adopt a
resolution of approval.
School Superintendent Deanna Gordon responded to
questions about the facade being constructed at the front
entrance of Northside High School, and explained that this was
one of the thirty capital improvement projects in the 1995 VPSA
bond.
Supervisor Harrison moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 082796-3 AUTHORIZING AN APPLICATION TO THE
VIRGINIA PUBLIC SCHOOL AUTHORITY
August 27, 1996
589
WHEREAS, the Roanoke County School Board and the 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 of Roanoke in an amount
not to exceed $1,300,000 to finance certain capital improvements
for public school purposes ("Bonds") 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:
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 Fall 1996 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 reasonably 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
improvements for school purposes from the proceeds of its debt or
other financings. The maximum amount of debt of other financing
expected to be issued for such improvements is $1,300,000.
3. This resolution shall take effect immediately.
On motion of Supervisor Harrison to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
h Authorization to submit the previously approved
Supplemental Literary Fund Application for Fort
Lewis Elementary School in the amount of S535,459.
(Diane Hyatt, Director of Finance)
A-082796-4
Ms. Hyatt advised that in June, 1994, the County and
County Schools applied for a $1,300,000 literary loan for Fort
Lewis Elementary School, and after receiving constructions bids
590
August 27, 1996
in May, 1996, the budget for the project was revised to
$2,455,575. On July 23, 1996, the Board approved that the
additional funding would come from a supplemental literary loan
not to exceed $575,000. The School Board approved a resolution
on August 22, 1996, and Ms. Hyatt asked that the Board authorize
the School Board to apply for a supplemental literary loan for
Fort Lewis Elementary in the amount of $535,459.
In response to Supervisor Nickens' concern, Dr. Gordon
advised that the Construction Committee would review any
modifications to the front drive into the current entrance to see
if the Virginia Department of Transportation improvements would
affect the situation. Dr. Gordon reported that the schools
opened today and everything was going well.
Supervisor Harrison moved to approve the authorization.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Request for authorization to extend the lease
agreement with the Fifth District EmploYment and
Training consortium (FDETC) for County property
located at 3330 Valley Forge Avenue. (Brian
Duncan, Assistant Director of Ecnomic Development)
R-08?796-5
Mr. Duncan advised that the Board entered into an
August 27, 1996
591
agreement with the FDETC on March 28, 1995, to use County
property as a Community Resource Center. The FDETC's grant from
the Department of Labor will expire August 31, 1996, and they are
seeking another grant to continue services. The FDETC is asking
for a one month extension of the lease until September 30, 1996,
and Mr. Duncan asked that the Board approve the resolution
authorizing this one month use of the property. Dr. Price, from
FDETC, advised that after information is received about the
grant, the FDETC may seek a full extension of the lease or
relocation of their offices.
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 082796-5 AUTHORIZING THE EXTENSION OF THE
LEASE AGREEMENT WITH THE FIFTH DISTRICT EMPLOYMENT AND
TRAINING CONSORTIUM FOR COUNTY PROPERTY LOCATED AT 3330
VALLEY FORGE AVENUE
WHEREAS, by agreement dated the 28th day of March,
1995, the County agreed to lease 3330 Valley Forge Avenue to the
Fifth District Employment and Training Consortium (FDETC) for a
community resource center; and,
WHEREAS, this agreement was authorized by Ordinance No.
31495-5; and,
WHEREAS, this agreement provided for the extension of
the term upon request from FDETC for an additional fifteen months
upon approval of the Board of Supervisors.
NOW THEREFORE, BE IT RESOLVED, By the Board of
Supervisors of Roanoke County, Virginia, as follows:
1) That FDETC is hereby authorized to extend and
592 . ..._.._......_.....
August 27, 1996
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continue its use of 3330 Valley Forge Avenue pursuant to the
terms and conditions of the 28th March, 1995 agreement.
2) That this extension of use shall not continue
beyond September 30, 1996.
3) That the County Administrator, or his designee, is
hereby authorized to take such actions and to execute such
documents, all upon form approved by the County Attorney, as may
be necessary to accomplish the purposes of this Resolution.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~
Authorization
to
vote
proxy
for
Trigon
Demutualization.
(Diane Hyatt.
Director of
Finance)
A-082796-6
Ms. Hyatt advised that Trigon Blue Cross Blue Shield is
proposing to convert from a mutual insurance company to a stock
company and the County has been issued a ballot which must be
returned by September 6, 1996.
The conversion plan will not
become effective unless it receives the affirmative vote of more
than two-thirds of all validly cast votes of policyholders and is
approved by the State corporation Commission.
The plan is
structured to give allocations in stock or cash but if there is
insufficient cash to pay all members, Trigon will allocate the
available cash among the members. Any stock taken at conversion
must be held for more than six months. The preliminary estimate
of shares of stock that the County and County Schools will
receive is 49,791, which Trigon estimates at $11 per share after
August 27, 1996
5~
conversion or $547,700. Staff is recommending that: (1) Based
upon advice from Slabaugh Morgan White, insurance consultants for
the County and Schools insurance plans, approval of the
Demutualization Plan and taking the allocation in stock; (2) If
Trigon cannot provide a breakdown between County and Schools,
shares will be divided based upon number of participants in the
plan at June 30, 1996; and (3) These shares will be held as an
asset of the self-insured health reserves until it becomes clear
whether it is more advantageous to sell or keep and invest, with
all savings being allocated to the Health Insurance Fund. Ms.
Hyatt asked that the. Board authorize her to make the final
decision and return the ballot after reviewing the opinion of the
Attorney General which has been requested. After a brief
discussion, the Board concurred and asked that Ms. Hyatt keep
them fully advised of the situation.
Supervisor Johnson moved to affirm that the Director of
Finance has the authority to make a decision on voting of the
proxy. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE: REQUESTS FOR WORK SESSIONS
Chairman Johnson advised that: (1) he has requested a
retreat meeting with the School Board for sometime in early Fall;
(2) the Clerk will be asking for dates to set a meeting that the
.._________.__ 59-4___.._.__._. .......___....
August 27, 1996
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Regional Chamber of Commerce has requested; and (3) the Clerk
will be asking for dates for a joint meeting with the Salem city
Council with the County being host.
Supervisor Eddy asked that work sessions be set in the
future for the following subjects:
(1) payment in lieu of taxes
for non-profit organizations, including churches; (2) mission
statement for the entire County; and (3) drainage maintenance
programs.
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
~ Ordinance authorizing a Special Use Permit to
construct a religious assembly facility. located
on Edgebrook Road. 0.33 mile west of Thompson
Memorial Drive. Catawba Magisterial District. upon
the petition of Salem Church of God.
Supervisor Johnson advised that he is concerned about
going forward with approval of this special use permit with the
knowledge that the proposed VDOT improvements to I -81 might
affect this project.
In response to an inquiry about the legal
requirement to proceed at this time, Mr. Mahoney advised that the
Board has 12 months to act upon a rezoning position.
He would
suggest that the first reading be approved to go forward to the
Planning Commission public hearing where the VDOT issues could be
addressed.
If these issues were not resolved by the second
August 27, 1996
595
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reading and public hearing before the Board, the request could be
delayed. Mr. Covey advised that a meeting was held recently with
VDOT officials concerning the proposed improvements to the I-81
corridor,
and the opinion was that this site will be
substantially affected. At that meeting, Mr. Sensabaugh advised
that he would take the recommendation back to VDOT that they move
forward with their designs before any of these areas can be
developed.
Supervisor Minnix asked that Mr. Covey inform the
petitioner of these concerns and the actions of the Board.
Supervisor Harrison moved to table this item because of
the uncertainty about the effect of VDOT improvements to I-81.
The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
~ ordinance to rezone 1.11 acres from AR to I-l to
expand an existing custom manufacturing facility.
located at 2056 Loch Haven Drive.
Catawba
Magisterial District. upon the petition of Daniel
Peters.
h Ordinance to rezone 2.45 acres from R-l to R-3 to
allow four lots to be served by a private roadway,
¡ocated Qn the we~t side of 91d Cave epring Road
and the south side of Cave spring Lane, Windsor
59b
August 27, 1996
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Hills Magisterial District, upon the petition of
Jeffrey Maronic, Inc.
Supervisor Johnson moved to approve the first readings
of the ordinances above and set the public hearings and second
readings for September 24, 1996.
following recorded vote:
The motion carried by the
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
SECOND READING OF ORDINANCES
.L.. Ordinance authorizing the conveyance of a 10 foot
gas line easement to Roanoke Gas company across a
portion of the Public service Center.
Rand. III. General Services Director)
(William J.
0-082796-7
Mr. Rand advised that Roanoke Gas Company has requested
a permanent 10 foot gas line easement through the Kessler Mill
facility which would be an extension of an existing four inch
line that serves the new wash bay building and would run
approximately 200 feet further west to the property boundary.
The proposed easement would not affect any operation at Kessler
Mill, either current or future, and would run through the unpaved
parking area. There was no discussion and there were no citizens
to speak on this issue.
Supervisor Harrison moved to adopt the ordinance. The
--....
August 27, 1996
597
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 082796-7 AUTHORIZING CONVEYANCE OF A 10' GAS
LINE EASEMENT TO ROANOKE GAS COMPANY ACROSS PROPERTY
KNOWN AS THE ROANOKE COUNTY PUBLIC SERVICE CENTER OWNED
BY THE BOARD OF SUPERVISORS
WHEREAS, the Roanoke County General Services Department
is constructing improvements and wash bay facilities on property
owned by the Board of Supervisors, said property being located on
Kessler Mill Road (Va. st. Route 630), in the Catawba District of
the County of Roanoke and in the City of Salem, known as the
County Public Service Center; and,
WHEREAS, Roanoke Gas Company requires an easement for
the gas line to serve the new facilities, and has requested that
said easement extend through the property to the western property
line, adjacent to an existing 20' sanitary sewer line as shown on
the attached drawing marked Exhibit A, in order to provide for
future gas service to properties located behind the Service
Center; and,
WHEREAS, the proposed easement will serve the interests
of the public and is necessary for the public health, safety, and
welfare of citizens of the County of Roanoke.
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 13, 1996, and a
second reading was held on August 27, 1996.
2. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the interests in real estate to
be conveyed are hereby declared to be surplus, and are hereby
made available for other public uses by conveyance to Roanoke Gas
Company for the provision of gas service in connection with
facilities at the Roanoke County Public Service Center and for
provision of gas service in the future to surrounding properties.
3. That donation of an easement for a gas pipeline or
lines (with appliances and accessories useful and necessary in
connection therewith) across the Public Service Center property,
as shown on the attached drawing marked Exhibit A, to Roanoke Gas
59L-
August 27, 1996
Company is hereby authorized.
4. That the County Administrator or Assistant County
Administrators are hereby authorized to execute such documents
and take such further actions as may be necessary to accomplish
this conveyance, all of which shall be on form approved by the
County Attorney.
5. That this ordinance shall be effective on and from
the date of its adoption.
On motion of Supervisor Harrison to adopt the
ordinance, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
APPOINTMENTS
~ Grievance Panel
Supervisor Nickens nominated R. vincent Reynolds to
serve another two year term.
~
Metropolitan
Transportation
District
Study
Committee
This item was discussed in Executive Session.
IN RE:
CONSENT AGENDA
R-082796-8. R-082796-8.b. R-082796-8.f
Supervisor Minnix requested that the resolution of
appreciation for the late Ms. Lyons be read into the record by
the Clerk as a tribute to her memory.
Supervisor
Johnson
moved
to
adopt
the
Consent
Resolution with Item 6 removed.
The motion carried by the
following recorded vote:
August 27, 1996
599
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
supervisor Minnix moved to adopt the resolution in Item
6. The motion carried by the following recorded vote:
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 082796-8 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the certain section of the agenda of the Board
of Supervisors for August 27, 1996 designated as Item L - Consent
Agenda be, and hereby is, approved and concurred in as to each
item separately set forth in said section designated Items 1
through 6, inclusive, as follows:
1.
Confirmation of appointment
Development Authority.
to
Industrial
2. Request for acceptance of Barley Drive, an
extension of Barley Drive, plated under the "West
Salem Forest SUbdivision, into the virginia
Department of Transportation Secondary System.
3. Request from the School Board to appropriate
$75,000 to the School Grant Fund for the Roanoke
area Tech Prep Consortium.
4. Request to appropriate funds for the rental of
mobile units at Cave Spring Junior High School.
5. Donation of drainage easements in connection with
the Green Valley Bond Project and improvements to
the roadside drainage on Sunnyvale Street.
6. Resolution honoring the late Joan Lyons, social
Services Department, for over fourteen years of
services to Roanoke County.
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
600
August 27, 1996
~~--,_._--_._~--_._--_.
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items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of supervisor Johnson to adopt the Consent
Resolution, with Item 6 removed, and carried by the following
recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens., Johnson
NAYS: None
On motion of Supervisor Minnix to adopt the resolution
and carried by the following recorded vote:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
in Item 6
AYES:
NAYS:
RESOLUTION 082796-8. b REQUESTING ACCEPTANCE OF BARLEY
DRIVE, AN EXTENSION OF BARLEY DRIVE, PLATED UNDER THE
"WEST SALEM FOREST SUBDIVISION" INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached
Additions Form SR-5(a) , fully incorporated herein by reference,
are shown on plats recorded in the Clerk's Office of the Circuit
Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets
described on the attached Additions Form SR-5(A) to the secondary
system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements,
and
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident engineer for the Virginia
Department of Transportation.
Recorded Vote
Moved By: Supervisor Johnson
Seconded By: None Required
Yeas: Supervisors Eddy. Minnix. Harrison. Nickens, Johnson
Nays:
None
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August 27, 1996
w
RESOLUTION 082796-8.f HONORING THE LATE JOAN LYONS FOR
OVER FOURTEEN YEARS OF SERVICES TO ROANOKE COUNTY
WHEREAS, the late Joan Lyons was first employed in
November, 1981, as an Eligibility Worker for the Department of
Social Services; became a Senior Eligibility Worker in 1984; and
was promoted to Eligibility Supervisor in 1989; and
WHEREAS, Ms. Lyons supervised the Medicaid Eligibility
Program and was instrumental in improving efficiency in Medicaid
application processing and preparing the staff for implementation
of ADAPT; and
WHEREAS, Ms. Lyons was a dependable, loyal and
optimistic individual who displayed care and compassion for
citizens as well as her staff and fellow employees; and
WHEREAS, Ms. Lyons, who retired on disability from
Roanoke County on July 1, 1996, and passed away on August 7,
1996, will be greatly missed by the employees and citizens of
Roanoke County.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County wishes to honor her memory and
expresses its deepest appreciation and the appreciation of the
citizens of Roanoke County to the late JOAN LYONS for over
fourteen years of capable, loyal and dedicated service to
Roanoke County.
FURTHER, the Board of Supervisors does express its
deepest sympathy upon the death of Ms. Lyons to her family.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE
REPORTS AND INQUIRIES OF BOARD MEMBERS
supervisor Eddy: (1)
He asked that copies of the
minutes and all information regarding the School Board and Blue
Ribbon Study Committee be furnished for the Board members.
Chairman Johnson advised that a packet of information had been
received and that copies of minutes will be provided in the
602
August 27, 1996
--------~'-
future. (2) He asked about the status of the Policy Manual and
when it would be brought to the Board. Mr. Mahoney advised that
no date has been set. (3) He advised that he has expressed
interest in the past at changing the real estate tax collection
date and asked that staff develop an information report to share
with the Board, including how it is handled in other localities.
Ms. Hyatt advised that a report could be provided in the next
week or so. (4) He asked for Board interest in additional
allocation of funds from the Board Contingency Fund as proposed
during the budget process. Supervisor Nickens asked to revisit
the entire issue. Supervisor Johnson suggested scheduling a work
session for last meeting in September.
Supervisor Minnix: He announced that the visitors from
Poland will be leaving at the end of the week, and he and
Treasurer Anderson are considering accepting their invitation to
visit Poland in Spring 1997 at their own expense.
supervisor Harrison: He thanked Arnold Covey for his
help in getting double yellow lines down Skyview Ave and
expressed appreciation from the neighborhood.
supervisor Johnson: (1) He advised that the Board had a
retreat on August 24 and 25, 1996, and that they discussed many
significant issues including public schools and various Parks &
Recreation topics. The Board would like to have a similar
retreat with the School Board. He asked that the Clerk summarize
the information from the Board Retreat on the flip charts and
-
August 27, 1996
603
-
provide a report to each Board member,
IN RE
REPORTS
Supervisor Minnix moved to receive and file the
following reports after discussion of Item 5. The motion carried
by a unanimous voice vote.
~ General Fund Unappropriated Balance
~ Capital Fund Unappropriated Balance
h Board Contingency Fund
~ statement of the Treasurer's Accountability per
Investments and Portfolio POlicy, as of July 31.
1996.
~ Annual Report on Police Department Traffic unit.
Supervisor Eddy advised that the Police Department
revenue exceeded unit costs by $53,118.
~ Accounts Paid - July 1996.
IN RE: EXECUTIVE SESSION
Mr. Mahoney added item (7) litigation concerning Dixie
Caverns Landfill cleanup.
At 4:35 p.m.,Supervisor Johnson moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A. (7) Consultation with legal counsel pertaining to contract
for Sewage Treatment Plant; (1) Personnel, appointment of
individuals to committees; (3) Acquisition of real property for
604
August 27, 1996
,-
--
Hanging Rock Battlefield; and (7) Litigation concerning Dixie
Caverns Landfill Cleanup.
The motion carried by the following
recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-082796-9
At 7:00 p.m., Supervisor Minnix moved to return to open
session, that the Executive Session adjourned at 6:00 p.m., and
adopt the resolution.
The motion carried by the following
recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 082796-9 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The virginia Freedom of Information Act; and
WHEREAS, section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that,
to the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies,
and
2. Only such public business matters as were
August 27, 1996
605
-
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:
AYES:
NAYS:
Supervisor Minnix to adopt the
and carried by the following recorded
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
SECOND READING OF ORDINANCES
~ ordinance to rezone 5 acres from R-3 to C-l with
conditions to allow commercial uses, located at
the terminus of Burlington Drive adjacent to
Friendship Manor. Hollins Magisterial District.
upon the petition of the Industrial Development
Authority.
(Trent Development) CONTINUED FROM MAY
28. 1996 AND JULY 23, 1996)
(Terry Harrington,
Director of Planning and Zoning)
0-082796-10
Mr. Harrington advised that this request was continued
at the July 23 meeting to allow the property owner and applicant
to consider submi tting a revised proffer that addressed
improvements to Burlington Drive.
The property owner has
submitted a revised proffer that guarantees that Burlington Drive
will be improved if future development on this property connects
to this road.
The Planning commission originally denied this
request but staff now believes that this revised proffer
addresses their primary concerns. There were no citizens present
to speak on this issue.
606
August 27, 1996
-
-
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 082796-10 TO CHANGE THE ZONING CLASSIFICATION
OF A 5. O-ACRE TRACT OF REAL ESTATE LOCATED AT THE
TERMINUS OF BURLINGTON DRIVE ADJACENT TO FRIENDSHIP
MANOR (TAX MAP NO. 27.13-5-5) IN THE HOLLINS
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF
R-3 TO THE ZONING CLASSIFICATION OF C-l WITH A
CONDITION UPON THE APPLICATION OF INDUSTRIAL
DEVELOPMENT AUTHORITY OF ROANOKE COUNTY (TRENT
DEVELOPMENT)
WHEREAS, the first reading of this ordinance was held
on April 23, 1996, and the second reading and public hearing was
continued on May 28, 1996, on June 25, 1996, on July 23, 1996,
and the second reading and public hearing was held on August 27,
1996; and
WHEREAS, the Roanoke County Planning commission held a
public hearing on this matter on May 7, 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 5.0 acres, as described herein, and
located at the terminus of Burlington Drive adjacent to
Friendship Manor, Tax Map Number 27.13-5-5) in the Hollins
Magisterial District, is hereby changed from the zoning
classification of R-3, Medium Density MUlti-Family Residential
District, to the zoning classification of C-1, Office District.
2. That this action is taken upon the application of
the Industrial Development Authority of Roanoke County (Trent
Development) .
3. That the owner of the property has voluntarily
proffered in writing the following condition which the Board of
supervisors of Roanoke County, Virginia, hereby accepts:
August 27, 1996
607
(1) If Burlington Road is used for access to the
subject property, then Burlington Road shall be
improved to standards as specified by the Virginia
Department of Transportation (VDOT) and the
Roanoke County Department of Engineering. All
improvements shall be completed prior to the
issuance of a Certificate of Occupancy for the
first phase of any development on the site.
follows:
4. That said real estate is more fully described as
All that certain lot, piece or parcel of land, located
in the County of Roanoke, Virginia, containing 5.0
acres according to plat of survey dated October 31,
1980, by Raymond C. Weeks, and according to which said
property is more particularly described as follows:
BEGINNING at a concrete monument at the southwesterly
corner of Lot 20 as shown on the map of R. E. Dillard
Farm, made by C. B. Malcolm, SCE, dated June 18, 1937,
of record in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, in Plat Book 2, Page 106;
thence N. 26 deg. 02' W. 352.94 feet to an iron pin;
thence N. 63 deg. 58' E. 700.0 feet to an iron pin;
thence S. 26 deg. 02' E. 271.54 feet to an iron pin;
thence S. 57 deg. 52' W. 234.66 feet to an iron pin;
thence S. 57 deg. 04' W. 470.08 feet to the Place of
Beginning, and being the southerly portion of Lots 14,
15, 16, 17, 18, 19, and 20, according to the above
described map of the R. E. Dillard Farm.
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 Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
~ Ordinance declaring a parcel of real estate to be
608
August 27, 1996
surplus and accepting an offer for the sale of
same; namely the Crestwood Park Well Lot. Tax Map
No. 76.16-2-13. CONTINUED FROM JULY 23. 1996
(Paul Mahoney, County Attorney)
0-082796-11
Mr. Mahoney advised that this request was continued at
the July 23 meeting so that issues concerning the availability of
public utilities could be resolved. The independent appraiser
determined that the fair market value of this surplus well lot
was $16,500 based upon the assumption that public water and sewer
were available. However, public sewer is not immediately
available and either a private sewer easement must be obtained or
a service lateral extension at an estimated cost of $7,000. The
independent appraiser suggested that if a private easement was
required, a negotiated decrease in property value would be a
reasonable solution. Two bids have been received: Mr. William E.
Hill for $16,500 less $7,000 (net $9,500); and Mr. Richard Martin
for $7,000. Staff is recommending that the Board accept the bid
of $9,500 from Mr. Hill.
Supervisor Minnix suggested that in the future the
Board should abide by their agreement not to accept a bid lower
than the appraisal price of the property, and that citizens
should be informed of all conditions affecting the property to be
sold. Supervisor Johnson advised that if the appraiser had
determined that water and sewer were not available, the appraised
August 27, 1996
GO»
price would have been lower. Mr. Mahoney advised that the lot
was first advertised with sewer available and when it was
determined that it was not, that fact was disclosed to those who
were involved or expressed interest.
Supervisor Johnson asked
that the availability of public utilities be determined for all
well lots.
Mr. Larry Lyons. 5727 Penquin Drive. representing Mr.
Hill, stated that the price of the lot should be reduced $7,000
from the appraised price of $16,500, and sold for the market
value of $9,500.
Supervisor Eddy moved to adopt the ordinance accepting
the offer of William E. Hill for $9,500.
The motion carried by
the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Johnson
NAYS:
Supervisor Nickens
ORDINANCE 082796-11 DECLARING A PARCEL OF REAL ESTATE
TO BE SURPLUS AND ACCEPTING AN OFFER FOR THE SALE OF
SAME; NAMELY THE CRESTWOOD PARK WELL LOT, TAX MAP NO.
76.16-2-13
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the subj ect property, having
been made available for other public uses before permitting
disposition by sale, is hereby declared to be surplus.
2. That an advertisement for
surplus real estate was advertised in the
News on April 9, 1995 and July 14, 1996.
mailed to the adjoining property owners.
bids for the sale of
Roanoke Times & World
Notice has also been
610
August 27, 1996
-. . -- --
-
3. That pursuant to the provisions of section 18.04
of the Charter of Roanoke County, a first reading of this
ordinance was held on July 9, 1996, and the second reading and
public hearing was continued on July 23, 1996; and the second
reading and public hearing was held on August 27, 1996,
concerning the disposition of the following parcel of real estate
identified as follows:
Crestwood Park Well Lot
Tax Map No. 76.16-2-13
4. That offers for said property having been
received, the offer of William E. Hill to purchase this property
for the sum of $9,500 is hereby accepted/rejected.
5. That the purchase price for the property will be
paid upon delivery of a deed therefor and all proceeds from the
sale of this real estate will be deposited into the water fund in
accordance with the trust agreements of the 1991 water revenue
bonds.
6. That the County Administrator is hereby authorized
to execute such documents and take such actions on behalf of
Roanoke County as are necessary to accomplish the sale of said
property, all of which will be on form approved by the County
Attorney.
7. That this ordinance will be effective on and from
the date of its adoption.
On motion of Supervisor Eddy to accept the offer of
William E. Hill for $9,500 and adopt the ordinance, and carried
by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: Supervisor Nickens
~ ordinance authorizing a special Use Permit to
operate a day care center located at 5501 Florist
Road. Hollins Magisterial District. upon the
petition of shining stars Early Learning Centers.
Inc.
(Terry Harrington, Director of Planning and
Zoning)
August 27, 1996
61l
0-082796-12
Mr. Harrington advised that this is a request to
operate a day care center, and is consistent with the Roanoke
county Zoning Ordinance and the Roanoke County Land Use Plan.
The petitioner has offered one condition that the outside play
area will be fenced as shown by the hatched area on the concept
plan. The Planning commission recommended approval with the
condition.
Supervisor Eddy asked that the wording of the condition
be changed to reflect that a wooden privacy fence would be
installed on both sides and a chain link fence in the back.
Nora R. Sarver. 3352 valleyview Avenue. petitioner,
advised that it was her intent to fence the property as described
by Supervisor Eddy, including a chain link fence in the front,
and she has no objection to clarifying the condition.
Supervisor Johnson moved to adopt the ordinance with
the condition revised as follows: The outside area will be
fenced, as shown on the submitted concept plan, with a wooden
privacy fence along the two sides, a chain link fence along the
back and a chain link fence in front. The motion carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
ORDINANCE 082796-12 GRANTING A SPECIAL USE PERMIT TO
612
August 27, 1996
-.,--- - ~~-~._~<-..~_. -'_.'---
SHINING STARS EARLY LEARNING CENTERS INC. TO OPERATE A
DAY CARE CENTER AT 5501 FLORIST ROAD (TAX MAP NO.
38.11-1-21), HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Shining Stars Early Learning Centers Inc. has
filed a petition to operate a day care center located at 5501
Florist Road (Tax Map No. 38.11-1-21) in the Hollins Magisterial
District; and
WHEREAS, the Planning Commission held a public hearing
on this matter on August 6, 1996; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on July 23, 1996;
the second reading and public hearing on this matter was held on
August 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 Shining stars Early Learning Centers Inc.
to operate a day care center to be located at 5501 Florist Road
(Tax Map No. 38.11-1-21) in the Hollins 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
Virgii'lia, as amended, and said Special Use Permit is hereby
approved with the following condition:
(1) The outside play area will be fenced as
tl.le l.latcl.led ar: ea OIl the cOllcept plalJ
"Pr:oposed site for: Sl.lÍIJilJg Sta:rs Ear:ly
CelJters."
(1) The outside play area will be fenced, as shown on
the submitted concept plan, with a wooden privacy
fence along the two sides, a chain link fence
along the back and a chain link fence in front.
shown by
elJtitled
Lear: lJÍIJg
On motion of Supervisor Johnson to adopt the ordinance
revised condition, and carried by the following recorded
with
vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
h ordinance authorizing a special Use Permit to
construct a religious assembly. located between
August 27, 1996
w
7425 and 7502 Old Mill Road. Windsor Hills
Magisterial District. upon the petition of wister
Sowder. (Terry Harrington. Director of Planning
and Zoning)
0-082796-13
Mr. Harrington advised that this is a request for a
special use permit to construct a church. The site is in a rural
residential area and is consistent with the Rural Village land
use designation of the Roanoke County Comprehensive Plan. The
entrance to the site will be decided upon during site plan
review. The Planning commission recommended approval of the
request with one condition: That construction of the permanent
facility shall begin within ten (10) years of the issuance of the
special use permit; otherwise the applicant will have to reapply
for a special use permit. There were no citizens to speak on
this issue.
Supervisor Eddy advised that he was concerned that the
petitioner would leave the temporary structure on the site once
the permanent facility is completed. He moved to adopt the
ordinance with the condition revised as follows: The pre-
fabricated temporary building shall be removed from the site
within ten (10) years of the issuance of the special use permit;
otherwise, the applicant will have to reapply for a special use
permit. Ms. Pat Miley, from Balzer and Associates, representing
614
August 27, 1996
_. _. - .,,-
the petitioner, advised that the church would like to be able to
use the temporary building for recreation or classroom space
while the church and parking lot are being constructed.
Supervisor Eddy changed his motion and moved to adopt
the ordinance with the original condition. The motion carried by
the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 082796-13 GRANTING A SPECIAL USE PERMIT TO
WISTER SOWDER TO CONSTRUCT A RELIGIOUS ASSEMBLY TO BE
LOCATED BETWEEN 7425 AND 7502 OLD MILL ROAD (PART OF
TAX MAP NO.95.03-3-9.1), WINDSOR HILLS MAGISTERIAL
DISTRICT
WHEREAS, wister Sowder
construct a religious assembly to
7502 Old Mill Road (Part of Tax
Windsor Hills Magisterial District;
has filed a petition
be located between 7425
Map No. 95.03-3-9.1) in
and
to
and
the
WHEREAS, the Planning Commission held a public hearing
on this matter on August 6, 1996; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on July 23, 1996;
the second reading and public hearing on this matter was held on
August 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 wister Sowder to construct a religious
assembly to be located between 7425 and 7502 Old Mill Road (Part
of Tax Map No. 95.03-3-9.1) in the Windsor Hills 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:
August 27, 1996
ü5-
(1) Construction of the permanent facility shall begin
within ten (10) years of the issuance of the
special use permit; otherwise, the applicant will
have to reapply for a special use permit.
On motion of Supervisor Eddy to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Ordinance to rezone approximately 5.5 acres from
I-l and C-l to C-2 with conditions and obtain a
special Use Permit to construct assisted living
and
elderly
housing
facilities.
located
approximately 0.1 mile north of the intersection
of
Route
460
and Daugherty Road.
Catawba
Magisterial
District.
upon the peti tion of
Richfield
Retirement
community.
(Terry
Harrington. Director of Planning and Zoning)
0-082796-14
Mr. Harrington advised that this is a request to rezone
property and obtain a special use permit to construct a maximum
of two building; one a dementia specific (Alzheimer's) assisted
living facility supplementing and augmenting existing Richfield
Retirement community facilities.
The recommended condition is
that development of the property shall be in substantial
conformity with the submitted concept plan.
The Planning
commission recommended approval with the condition. There was no
616
August 27, 1996
. -"-,_. ~ ,- --_.~~
-
-
discussion and there were no citizens 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 082796-14 TO CHANGE THE ZONING CLASSIFICATION
OF APPROXIMATELY 5.5 ACRES OF REAL ESTATE LOCATED
APPROXIMATELY 0.1 MILE NORTH OF THE INTERSECTION OF
ROUTE 460 AND DAUGHERTY ROAD (TAX MAP NO. 55.09-1-20.1,
55.09-1-20.2 AND PART OF 55.13-1-2) IN THE CATAWBA
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF
I-l AND C-l TO THE ZONING CLASSIFICATION OF C-2, WITH
CONDITIONS, AND GRANTING A SPECIAL USE PERMIT TO
CONSTRUCT ASSISTED LIVING AND ELDERLY HOUSING
FACILITIES, UPON THE APPLICATION OF RICHFIELD
RETIREMENT COMMUNITY
WHEREAS, the first reading of this ordinance was held
on July 23, 1996, and the second reading and public hearing were
held August 27, 1996; and,
WHEREAS, the Roanoke County Planning commission held a
public hearing on this matter on August 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 approximately 5.5 acres, as described
herein, and located approximately 0.1 mile north of the
intersection of Route 460 and Daugherty Road (Tax Map Number
55.09-1-20.1, 55.09-1-20.2 and part of 55.13-1-2) in the Catawba
Magisterial District, is hereby changed from the zoning
classification of I-I and C-l, Industrial District and Office
District, to the zoning classification of C-2, General Commercial
District.
2. That this action is taken upon the application of
Richfield Retirement community.
August 27, 1996
617
3. That the owner of the property has voluntarily
proffered in writing the following condition which the Board of
Supervisors of Roanoke County, Virginia, hereby accepts:
( 1)
Development of the property
substantial conformity with
schematic site plan prepared
Associates dated June 26, 1996.
shall
the
by
be in
submitted
Martin and
4. That the Board finds that the granting of a
special use permit to Richfield Retirement Community to construct
assisted living and elderly housing facilities located
approximately 0.1 mile north of the intersection of Route 460 and
Daugherty Road in the Catawba Magisterial District is substan-
tially 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; and
5. That said real estate is more fully described as
follows:
"New Lot B" as shown on Resubdivision for County of
Roanoke, prepared by T. P. Parker dated July 11, 1996.
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.
On motion of Supervisor Harrison to adopt the
ordinance, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Ordinance to rezone 0.82 acre from R-3 to C-l to
construct professional offices. located at 3422
Ogden Road. Cave spring Magisterial District. upon
the
petition
of
Barry L.
Marsh.
(Terry
618
August 27, 1996
r---
Harrington. Director of Planning and Zoning)
0-082796-15
Mr. Harrington advised that this is a request to rezone
property to construct and operate professional offices. The
proposal is generally consistent with the Comprehensive Plan's
Development designation.
A commercial entrance permit will be
required by VDOT and site development plans will be reviewed and
approved by the County staff before a building permit is issued.
The Planning Commission recommended approval with no conditions.
Supervisor Eddy advised that he would abstain due to
current contracts with the petitioner.
There was no discussion
and there were no citizens to speak on this issue. _
Bob Groth. 4656 Brambleton Avenue. was present on
behalf of the petitioner.
Supervisor Minnix moved to adopt the ordinance. The
motion carried by the fOllowing recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSTAIN: Supervisor Eddy
ORDINANCE 082796-15 TO CHANGE THE ZONING CLASSIFICATION
OF A O. 82-ACRE TRACT OF REAL ESTATE LOCATED AT 3422
OGDEN ROAD (TAX MAP NO. 77.15-1-3) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF
R-3 TO THE ZONING CLASSIFICATION OF C-l UPON THE
APPLICATION OF BARRY L. MARSH
WHEREAS, the first reading of this ordinance was held
on May 28, 1996, and the second reading and public hearing were
-
August 27, 1996
6i9
held August 27, 1996; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on August 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 0.82 acre, as described herein, and
located at 3422 Ogden Road (Tax Map Number 77.15-1-3) 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-1, Office District.
2. That this action is taken upon the application of
Barry L. Marsh.
follows:
3. That said real estate is more fully described as
BEGINNING at the northeasterly corner of " the 0.04 acre
parcel conveyed to G. C. Loyd and Mary A. Loyd by H. W.
Loyd and Goldie K. Loyd by deed dated June 8, 1972, of
record in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, in Deed Book 946, page 416,
on the present southerly side of Ogden Road (Secondary
Route 681); thence with a line in an easterly direction
25 feet southerly from the center line of said road
about 50 feet to an angle point; thence continuing with
the southerly side of Ogden Road in an easterly
direction, diverging from the center line of same, and
with the center line of the old road, passing the
easterly side of the original Loyd 3 acre tract at
about 82 feet, in all about 83 feet, to a point on the
easterly side of the .02 acre~arcel conveyed by deed
dated August 4, 1954, to Gordon C. Loyd from Pierson H.
Gould, et us., and conveyed to Gordon C. Loyd and Mary
H. Loyd by deed dated December 5, 1975, of record in
aforesaid Clerk's Office in Deed Book 1052, page 827;
thence S. 25 deg. 22' W. about 130 feet to a point;
thence N. 79 deg. 59' W. 15.0 feet to a point; thence
S. 31 deg. 00' W. about 135 feet to a post; thence N.
71 deg. 33' W. 119.11 feet to a point; thence N. 31
deg. 00' E. 199.24 feet to an iron stake, crossing a
620
August 27, 1996
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branch and passing a sycamore tree on line; thence N.
56 deg. 24' W. 50.5 feet to an iron stake; thence N. 9
deg. 56' W. 20 feet, more or less, to a point on the
southerly side of Ogden Road; thence with the southerly
side of Ogden Road in an easterly direction about 20
feet to a point, said point being 25 feet southerly
from the center line of Ogden Road; thence continuing
with the southerly line of Ogden Road in an easterly
direction about 53 feet to the point and place of
Beginning, containing 0.79 acre, more or less.
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: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSTAIN: Supervisor Eddy
IN RE:
ADJOURNMENT
Chairman Johnson declared the meeting adjourned at 7:43
p.m.
Submitted by,
~ Ql#!!~
Deputy Clerk
Approved b