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HomeMy WebLinkAbout4/26/1994 - Regular ~ April 26, 1994 223 4 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 April 26, 1994 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 April, 1994. I IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 1:10 p.m., This being an adjourned meeting from April 15, 1994 for the purpose of a budget work session. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Sr., Supervisors Bob L. Johnson, H. Odell "Fuzzy" Minnix, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: BUDGET WORK SESSION I Mr. Hodge presented the highlights of the budget and ~ r' 224 April 26, 1994 þ advised that the first reading of the ordinance would be held May 10, 1994, with the second reading and adoption scheduled for May 25, 1994. He advised that the School Board Budget would be adopted on May 10, 1994. Mr. Hodge requested that the Board members meet with him individually to discuss their budget questions. The following questions were asked by individual Board members: (1) Supervisor Kohinke asked if the 9-1-1 tax could be used for opticom equipment. (2) Supervisor Nickens asked if the school shared expenses such as the procurement system, automated fuel system I and other shared equipment with schools. Mr. Hodge advised that the County budget covered all of these expenses. (3) Supervisors Nickens and Johnson asked what portion of the CIP and maintenance is being funded from recurring expenses. (4) Supervisors Nickens and Johnson asked whether drainage funding in new budget is in addition to $5.00 earmarked from increased decal fee several years ago. Mr. Hodge responded he would find out the answer. (5) Supervisor Nickens asked what percent of the Convention and Visitors Bureau contribution will go into advertising. Mr. Hodge will report back with a percentage. (6) Supervisors Eddy and Nickens asked when the final I l 4 ~ April 26, 1994 ·225 I draft of the Vehicle Replacement Policy will be brought to the Board. Mr. Hodge responded that the County needs to purchase the computer fuel system first. (7) Supervisor Johnson Asked for a schedule on sewer rate increases and connection fees. Mr. Hodge advised that a work session will be scheduled to discuss the increases. (7) Supervisor Eddy asked for health care quotes for employee and one dependent. (8) Supervisor Nickens asked why cultural contributions increased when the Health Department needs funding for dental program? 9) Supervisor Nickens asked how many personal computers will be retired and what will be done with the old ones when the new 486's are ordered? (10) Supervisor Nickens asked about the growth in cellular phones and annual cost increases since June, 1992? It was the consensus of the Board to increase the 9-1-1 tax. Mr. Hodge advised he would bring back answers to these questions at the next budget work session. He will also bring back a request to fund publishing the citizen handbook from the Board Con~ingency Fund, and the proposed increases in sewer rates. Supervisors Eddy and Nickens supported eliminating the I County's membership in the Virginia Municipal League. ~ I"'" 226 April 26, 1994 Dr. Wilson requested a work session be held on the School Capital Improvement Program. IN RE: RECESS Chairman Eddy declared a ten minute recess at 2:50 p.m. IN RE: REGULAR SESSION Chairman Eddy reconvened the meeting at 3:00 p.m. for the regularly scheduled meeting. IN RE: OPENING CEREMONIES The invocation was g~ven by John M. Chambliss, Jr., Assistant Administrator. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE OltDER OF AGENDA ITEMS Chairman Eddy added two items: (1) Proclamation declaring May 5, 1994 as Day of Prayer, and (2) Approval of Lease-purchase of Energy Management Program for schools. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS h Proclamation Declarinq AÞril 24 throuqh Hav 1. ~1994. as Soil and Water Stewardshi~ Week. Chairman Eddy presented the proclamation to winton Shelor from the Blue Ridge Soil & Conservation District. Supervisor Minnix moved to adopt the proclamation. The l þ I I 4 ~ April 26, 1994 227 I I motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Proclamation Declarinq May 1 throuq~ Hay 15. 1994. as Virqinia Heritaqe Tourism Weeks. Chairman Eddy presented the proclamation to Deedie Kagey from the Preservation Foundation, and John Kern, Director of the Regional Preservation Office. Supervisor Johnson moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Proclamation Declarinq May 5. 1994 as Day of Prayer in Roanoke County Chairman Eddy presented the proclamation to the Reverend David Nevling from Colonial Presbyterian Church. Supervisor Minnix moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: NEW BUSINESS .L. Request for AÞÞroval of the 1994-95 OÞeratinq Budqet for Roanoke Valley Resource Authority. (Diane Hyatt. Director of Finance) j I"'" 228 April 26, 1994 R-42694-1 Ms. Hyatt reported that the Roanoke Valley Resource Authority adopted their budget of $10,933,985 at the Authority meeting on March 17, 1994. The tipping fee will be $50.00 per ton for municipal waste and $55 per ton for commercial waste, with a credit of $10 per ton for charter members. Roanoke county will also receive a host locality fee from the Resource Authority. Following discussion, Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 42694-1 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY BUDGET FOR THE YEAR ENDING JUNE 30, 1995, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County, the city Council of the City of Roanoke, and the Town Councïl of the Town of Vinton; and WHEREAS, by report dated March 28, 1994, a copy of which is on file in the office of the Clerk of the Board, the Chairman of the Roanoke Valley Resource Authority has submitted a request that the County approve the budget of the Roanoke Valley l þ I I ~ April 26, 1994 229 4 Resource Authority for the year ending June 30, 1995. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the budget for the year ending June 30, 1995 for the Roanoke Valley Resource Authority as set forth in the March 28, 1994, report of the Authority Chairman, 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 Johnson to adopt the I ; resolution, and carried by the,following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h Request for AÞÞroval of Lease-Purchase Aqreement for Enerqy Manaqement Proqram for schools. R-42694-2 Supervisor Minnix moved to rescind the action taken on April 15, 1994 to postpone this item to May 24, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None I Mr. Hodge advised that the County had obtained Hayes, ~ II"" 230 April 26, 1994 þ Seay, Mattern and Mattern to conduct an independent evaluation of the Johnson Control Contract. County Attorney Paul Mahoney has also submitted the results of his legal review with bond counsel. Both studies indicate that the contract is professionally acceptable. Mr. Calvin Witt from Hayes, Seay, Mattern and Mattern addressed the Board on their evaluation of the project. Supervisor Minnix moved to approve the agreement with Johnson Controls. Supervisor Johnson moved to amend Supervisor Minnix's motion to exclude the Roanoke County Occupation School's heating and air conditioning. The motion carried by the following AYES: Supervisors Johnson, Nickens, Eddy I recorded vote: NAYS: Supervisors Kohinke, Minnix Supervisor Minnix's motion was amended to approve the agreement with Johnson Controls excluding the Roanoke County Occupational School's heating and air conditions. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None Supervisor Nickens requested that a report on the use of the bo~d money to install the elevator at Burlington School be placed on the May 10, 1994 agenda. RESOLUTION 42694-2 APPROVING LEASE-PURCHASE AGREEMENT I FOR EMERGENCY MANAGEMENT PROGRAM FOR SCHOOLS l 4 ~ April 26, 1994 231 I I Virginia The Board of Supervisors ("County") has determined of the County of Roanoke, that it is necessary or desirable to advance money to pay the costs of acquiring certain equipment for the County consisting of an Energy Management System to be installed at various County School buildings ("Equipment") and to reimburse such advances with proceeds of one or more financings. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of acquiring the Equipment from the proceeds of its debt or other financings. The maximum amount of debt or other financing expected to be issued for the Equipment is $1,130,000. 3 The Board of Supervisors determines that the financing of the acquisition of the Equipment pursuant to one or more agreements providing for the leasing of the Equipment by the County from one or more lessors (collectively, the "Lease") is in the best interest of the County and the lease financing of the Equipment is authorized. The maximum aggregate amount of the principal components of the Lease shall be $l, l30, 000 plus an amount sufficient to pay the costs incurred by the County in connection with the financing or financings and to fund any . _._.' _u__.__.....,. ____~__. __~ .._._____..__..._.~___ j I"'" 232 April 26, 1994 required reserves. The Director of Finance and the County Administrator are authorized to select a lessor or lessors and to execute and deliver on behalf of the County an appropriate Lease or Leases and such other documents, agreements and certificates as may be necessary to complete the lease financing. 4 The County Administrator, the Director of Finance and such officers, agents and employees of the County as either of them may direct are authorized and directed to prepare any and all instruments, opinions, certificates and other documents necessary to carry out the purposes of this Equipment and all such action previously taken is ratified and confirmed. 5. This resolution shall take effect immediately upon its adoption. On.motion of Supervisor Minnix to approve the agreement wi th Johnson Controls amended by Supervisor Johnson to exclude Roanoke County occupation School heating and air condi tioning , and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson requested a separate vote on item 3 so that he could abstain. .L.. Ordinance to Rezone AÞÞroximatelY 1.6 Acres from l þ I I 4 I I ~ April 26, 1994 233 C-1C to C-1C to Remove the Proffer pertaininq to the BUffer Zone Located at the Terminus of Postal Drive. Windsor Hills Haqisterial District. UÞon the Petition of Pediatric Associates. h Ordinance Authorizinq a SÞecial Use Permit to Construct a Convenience store with Gasoline ÞumÞS and to use stone and Block for Crushed Fill FOllowinq the Demolition of the Existinq Buildinq. Located at 6414 and 6422 Bent Mountain Road. Windsor Hills Maqisterial District. UÞon the Petition of Alan GraczYk. Supervisor Kohinke moved to approve the first readings of the above two ordinances and set the public hearings for May 24, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Ordinance Amendinq the Official Zoninq HaÞs of Roanoke County by MOdifYinq the Zonin9 Classification of Scattered Parcels within Roanoke County. Supervisor Nickens moved to (1) approve the first reading of the ordinance and set the pUblic hearing for May 24, 1994, and (2) remove this item for separate vote. The motion ~ I"'" ~ April 26, 1994 þ :arried by the following recorded vote: ~YES: Supervisors JOhnson, KOhinke, Minnix, Nickens, Eddy ~AYS: None Supervisor Minnix moved to approve the first reading of the ordinance and set the public hearing for May 24, 1994. The notion carried by the following recorded vote: \YES: Supervisors Kohinke, Minnix, Nickens, Eddy ~AYS: None \BSTAIN: Supervisor Johnson [N RE: FIRST READING OF ORDINANCES I .L. Ordinance Amendinq Ordinance 21192-6 Authorizing the Lease of Real Estate. a Portion of the Old Starkey Sewaqe Treatment Plant ProÞerty, to the Valley Soccer Club. Inc. (John Chambliss. Assistant County Administrator) Mr. Chambliss advised that on February 22, the Board lpproved a request to reallocate $144,500 of the 1992 bond funds :0 assist in the construction of the soccer fields at the 1erriman Road soccer complex. Staff met with the Valley Soccer ~lub and agreed on changes to the lease. Supervisor Minnix moved to approve the first reading of :he ordinance with a change to the ordinance in Item 2.d which ¥ould authorize the club to operate the facilities on the ?roperty, and to set the second reading for May 10, 1994. The I l ~ I I ~ April 26, 1994 235 motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Ordinance Authorizinq the Lease of Real Estate for Use as ,a TemÞorarv Brush Collection and DisÞosal site from Virqinia Construction SuÞÞlv. Inc. (Paul H. Mahonev. County Attorney) 0-42694-3 This ordinance would give approval to lease land to be used for the disposal of brush left from the severe ice storms. Supervisor Nickens moved to approve the first reading of the ordinance and dispense with the second reading because of the emergency nature of the issue. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 42694-3 AUTHORIZING THE LEASE OF REAL ESTATE FOR USE AS A TEMPORARY BRUSH COLLECTION AND DISPOSAL SITE FROH VIRGINIA CONSTRUCTION SUPPLY, INC. BE. IT ORDAINED by the Board of Supervisors of Roanoke- County, Virginia, as follows: 1. That pursuant to the provisions of § 18.04 of the Charter of Roanoke County, a first reading concerning the lease of a temporary brush disposal site (Tract "An of the "Criss ~ II"" 236 April 26, 1994 þ Industrial Park," Tax Map No. 87.14-3-2.2) was held on April 26, 1994. The second reading on this matter was held on May 10, 1994. 2. That it is in the County's best interests to lease this property from Virginia Construction Supply, Inc. in order to facilitate brush collection and disposal for a period of two (2) months, with the option to extend the lease for one additional month, for the rental sum of One Thousand Dollars ($1,000) per months, beginning April 1, 1994. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. On motion of supervisor Nickens to approve the first reading of the ordinance and disìJense with the second reading because of the emergency nature of the issue, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None I ~ Ordinance Authorizinq the Execution of a Deed of Easement Between Roanoke County and the city of Roanoke to F~cilitate the Construction bv the city of a Water Line Alone¡ Granville street. (Paul Hahonev. County Attornev) I l ~ .n. April 26, 1994 237 ~ There was no discussion. Supervisor Johnson moved to approve the first reading of the. ordinance and set the second reading for May 10, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: SECOND READING OF ORDINANCES .L. Ordinance Enactinq Sections 12-40 to 12-43 of Article II. County Vehicle License of Chaþter 12 Hotor Vehicles and Traffic of the Roanoke County I Code to Provide Authorization for Reqional Enforcement of Vehicle Decal Ordinances. (JoseÞh Obenshain. Sr. Assistant County Attorney) 0-~2694-4 There was no discussion. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors JOhnson, Kohinke, Minnix, Nickens, Eddy NAYS: None I ORDINANCE 42694-4~ ENACTING SECTIONS 12-40 TO 12-43 OF ARTICLE IT.. COUNTY _VEHICLE LICENSE OF CHAPTER 12 MOTOR VEHICLES AND TRAFFIC OF THE ROANOKE COUNTY CODE TO PROVIDE AUTHORIZATION FOR REGIONAL ENFORCEMENT OF VEHICLE DECAL ORDINANCES WHEREAS, some residents of and individuals who normally j II"" 238 April 26, 1994 þ garage or park a motor vehicle in Roanoke County continue to evade payment of personal property taxes and purchase of county vehicle decals; and .WHEREAS, many of these owners and operators of unlicensed motor vehicles garaged and parked in Roanoke County work or travel on a regular basis into adjoining jurisdictions which also have local vehicle decal ordinances; and WHEREAS, many of the owners and operators of motor vehicles garaged and parked in adjoining jurisdictions work or travel on a regular basis into Roanoke County while remaining in violation of their local vehicle decal ordinances; and WHEREAS, the current fiscal environment requires that II every effort be made to insure that all taxes rightfully owed to localities are collected by joint enforcement efforts, if necessarj'; and WHEREAS, the 1993 session of the General Assembly of Virginia amended §46.1-752 to expressly permit the governing bodies of two or more counties, ci ties or towns to enter into compacts for the regional enforcement of local motor vehicle license requirements; and WHEREAS, the first reading of this ordinance was held on April 12, 1994; and the second reading for this ordinance was held on April 26, 1994. BE IT ORDAINED by· the Board of Supervisors of the County of Roanoke, Virginia, as follows: I l ~ April 26, 1994 239 ~ 1. That Article II. County Vehicle License of Chapter 12 Motor Vehicles and Traffic of the Roanoke County Code be amended by the enactment of Section 12-40, 12-41, 12-42 and 12-43 to read and provide as follows: Sec. 12-40. Reqional enforcement of motor vehicle license requirements. Pursuant to the authority granted by subsection K of § 46.2-752 of the Code of Virginia, 1950, as amended, the County hereby undertakes to enforce the local motor vehicle license requirements of such section adopted by any local government within the Commonwealth with which it shall enter into a compact I for that purpose and to authorize such locality, or localities, to enforce in the same manner the motor vehicle license requirements of this County contained in this ArticÌe II of Chapter 12 of the Roanoke County Code. Sec. 12'-41. Authorization of compacts with other jurisdictions. The County Administrator is hereby authorized, after consultation with the Chief of Police, to enter into compacts for the regional enforcement of local motor vehicle license requirements with such local governing bodies of this Commonwealth as he shall deem advisable upon such form as shall be approved by the County Attorney. On an' annual basis, the Clerk of this Board is hereby directed to provide, to the Clerk II of each governing body and the Clerk of each court sitting in any ~ II"" 2-40 April 26, 1994 þ locality with which the County has entered . )t ln 0 a regional enforcement compact, a certified copy of those portions of this code which authorize a local vehicle license requirement. Sec. 12-42. Violations; penalty. It shall be unlawful for any person to operate a motor vehicle, trailer or semi-trailer on any street, highway, road or other travelled way in the County unless a valid local license decal issued by the situs jurisdiction of such vehicle is displayed thereon as required by the ordinance of such situs locality. The fact that the current license tax of the situs jurisdiction has been paid on such vehicle shall not bar section shall be punished by a fine of not less than twenty-five I prosecution for a violation of this section. A violation of this dollars ($25.00) and not more than two hundred fifty dollars ($250.00) . The owner or operator of any vehicle recei ving a parking ticket or uniform traffic summons as provided for under subsection (c) of Section 12-34 may pay a fine in the amount of twenty-five dollars ($25.00) in the manner provided for in Sections 12-56 and 12-57 of this code in full satisfaction of such violation. Any violation of this section may not be discharged by payment of such fine except upon presentation of satisfactory evidence that the license herein required has been obtained. Any fin~ paid under this section shall be deposited to the credit of the General Fund of the County of Roanoke, Virginia and no accounting need be made thereof to the situs jurisdiction I l ~ I I ~ April 26, 1994 241 of such vehicle. Sec 12-43. Duties of the Treasurer. l. The Treasurer of Roanoke County shall carry out the responsibilities imposed upon him by section 12-56 and 12-57 for all tickets issued under Section 12-42, in the same manner as for all other parking tickets. At the same time as the Treasurer shall send to the owner or operator of the motor vehicle the notice required by Sec. 12-57(a), he shall forward a copy of the original ticket and such notice to the Treasurer, or his equivalent counterpart, of the situs jurisdiction of such vehicle. 2. The Treasurer shall on an annual basis confer with the Treasurers, or their counterparts, of each jurisdiction which is a party to the Compact authorized by Sec. 12-41 for the purpose. of sele.cting a standard color or background for the vehicle decals of each participating jurisdiction. The chief law enforcement officer of each participating jurisdiction shall be consulted prior to the formal selection of a common decal color or background. However, the refusal by one or more jurisdictions to agree to a common decal color or backgroupd shall not prohibit participation in such Compact or terminate any existing Compact. 2. The effective date of this ordinance shall be June 1, 1994. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: ~ II"" 242 April 26. 1994 AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: APPOINTHENTS .L. Total Action Aqainst Poverty Board of Directors Supervisor Nickens moved to appoint E. Cabell Brand to another two-year term which will expire May 5, 1996. This appointment was made contingent upon ratification by the City of Salem. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CONSENT AGENDA R-42694-5 Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 42694-5 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: 10 That the certain section of the agenda of the Board of Supervisors for April 26, 1994, designated as Item L - Consent l þ I I ~ ~ April 26, 1994 243 Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 2, inclusive, as follows: 1. Acceptance of a Donation of a Drainage Easement for Peregrine Crest Circle in Connection with the Hunting Hills Road Project. 2. Request· for Adoption of a Resolution Regarding Regulation of Rates Charged for Basic Cable Service and Related Equipment. 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. I On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: Nond RESOLUTION 42694-5.b REGARDING REGULATION OF RATES CHARGED FOR BASIC CABLE SERVICE AND RELATED EQUIPHENT WHEREAS, the County of Roanoke, Virginia ("County") is the Grantor of a Cable Communications Franchise Ordinance ("Ordinance") executed on April 23, 1991, by and between the County and Cox Cable Roanoke, Inc. ("Grantee"); and I WHEREAS, in accordance with applicable provisions of the Cable Consumer Protection and Competition Act of 1992 (hereinafter the "Cable Act") and rules adopted by the Federal Communications Commission ("FCC"), the County has undertaken all j II"" 244 April 26, 1994 þ appropriate procedural steps to regulate the basic cable service tier and related equipment; and WHEREAS, in accordance with applicable FCC regulations, on October 8, 1993, the County filed FCC Form 328 certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition -- with the FCC; and WHEREAS, in accordance with applicable FCC regulations, on October 26, 1993, the County passed and adopted a Rate Regulation Ordinance; and WHEREAS, on November 1, 1993, the County sent to Grantee a letter notifying Grantee that the County had been certified by the FCC via Form 328 and had adopted a Rate Regulation Ordinance and further requested that Grantee complete I and return to the County FCC Form 393 -- Determination of Maximum Initial Permitted Rates for Regulated Cable programming Services and Equipment -- within thirty (30) days; and WHEREAS, on or about January 7, 1994, the county received Grantee's completed FCC Form 393; and WHEREAS, the Minneapolis law firm of Moss & Barnett, the County's cable television advisors, were asked to provide assistanc~ to the County for review of Grantee's FCC From 393; and WHEREAS, Moss & Barnett issued regulation report dated January 24, 1994, a preliminary rate identifying certain I l ~ ~ April 26, 1994 245 I I issues requiring Grantee's response before final action could be taken by the County; and WHEREAS, pursuant to FCC regulations, on February 2, 1994, the County sent a letter to Grantee notifying Grantee that the time period for the County's review of FCC Form 393 would be extended for an additional ninety (90) day period; and WHEREAS, on or about March 2, 1994, Grantee responded to Moss & Barnett's preliminary rate regulation report; and WHEREAS, the County, in order to accomplish its review in a timely manner, scheduled for. its regular meeting date of April 26, 1994, sufficient time for the purpose of reviewing Grantee's FCC Form 393 and related rate regulation information; and WHEREAS, the County conducted a meeting open to the public on April 26, 1994, to ensure that all interested parties had ample opportunity to present information to the County; and WHEREAS, based upon the County's April 26, 1994, meeting and all reports and advice from Moss & Barnett and County Staff, the County determined to make the below listed conclusions and Orders for Action. NOW, THEREFORE, in a regular meeting of the County of Roanoke, Virginia, dated April 26, 1994, the following is resolved: 1. CONCLUSIONS Grantee's request for cable rate approval for the j II"" 246 April 26, 1994 þ maximum permitted rate for the basic service tier (exclusive of any franchise fee) of $8.42 is approved. Grantee's maximum permitted hourly service charge of $25.40 is approved. The County has an obligation to timely act upon the pending rate application consistent with now current FCC rules and regulations. However, if the FCC alters the benchmark calculations resulting in a lower reasonable rate for Roanoke subscribers the County has an obligation to area subscribers to reconsider the pending analysis consistent with the changes the FCC may make in its regulations. The County hereby adopts and makes a part of this Resolut~on all documents referenced above. ORDERS FOR ACTION Based on the foregoing conclusions, the County hereby enters the following orders: 1. Pursuant to FCC regulations, from the date of this order and until further order of the County, Grantee shall be permitted to charge an initial rate for the basic service tier of not more than 2. 3. l 4. 2. $8.42. Pursuant to FCC regulations, from the date of this I I ~ ~ April 26, 1994 247 I I 5. 3. Order and until further Order of the County, Grantee shall be permitted to charge an hourly service charge of not more than $25.40. Pursuant to FCC regulations, from the date of this Order and until further Order of the County, Grantee shall be permitted to charge not more than the following monthly equipment rates: a. Remote controls - $0.26 b. Non-Addressable Converters - $0.90 c. Addressable Converters - $1.51 Grantee shall immediately undertake any and all necessary steps, in accordance with applicable FCC regulations, to refund to all subscribers all applicable overcharges based on the maximum permitted bdsic service tier charge of $8.42, the maximum permitted hourly service charge of $25.40 and the maximum permi tted equipment charges identified in paragraph 3 above, together with any franchise fees assessed thereon, plus interest, computed at the applicable published rates for tax refunds and applicable tax payments, which has been overcharged to Roanoke subscribers since November 1, 1993, the date on which Grantee's system became subject to rate regulation. The County reserves the right to reconsider this 4. ~ III"'" 248 April 26, 1994 Resolution within one hundred twenty (120) days of its adoption for the sole purpose of further reducing rates should future modifications to FCC rules and regulations so provide and permit. This resolution is passed and adopted by the County of Roanoke, Virginia, this 26th day of April, 1994. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD HEMBERS SuÞervisor Johnson: (1) He requested an opini.on from Mr. Mahoney and Chief John Cease regarding the potential danger to young people who are soliciting funds and customers for car washes in the middle of intersections. Chairman Eddy asked Mr. Mahoney and Mr. Hodge to meet with the staff and bring back a report. SuÞervisor Kohinke: (1) He expressed appreciation to Chief Cease for solving the crime on Wildwood Road and advised that the incident led to the formation of a civic league in the area. (2) He asked about the possibility of eliminating the brush and storm debris in the rural areas by use of a "control burn" fire as joint project with the appropriate state department. SuÞervisor Hinnix: Regarding his previous comments l þ I I ~ I I ~ April 26, 1994 249 about the SPCA, he announced that steve Davidson from the SPCA contacted him and informed him that animals were not killed every day at the SPCA. SuÞervisor Eddy: (1) He was invited to a Valley Beautiful meeting and advised that they would like to set up hiking or bike trails along the sewage treatment interceptor lines. (2) He attended a meeting of the "Friends of the Library" and explained that this group supports the library and provides supplemental funds for books. (3) He asked Mr. Hodge to investigate whether or not state and local offices will close in memory of former President Richard Nixon. Mr. Hodge advised that the state and County offices will remain open. IN RE: REPORTS Supervisor Minnix moved to receive and following reports after discussion of Item 6 and 7. carried by a unanimous voice vote. .L. General Fund UnaÞÞroÞriated Balance ~ CaÞital Fund UnaÞÞroÞriated Balance ~ Board Continqency Fund ~ Accounts Paid - Harch 1994 ~ statement of Revenues and EXÞenditures as of Harch 31. 1994 UDdate on storm Debris Removal ReÞort on Strateqic Plan ImÞlementation Committee file the The motion .L.. L.. ~ II"" 250 April 26, 1994 for the Fire and Rescue DeÞartment ~ ReDort on 1991 Water Pro;ect ~ ReÞort on Roanoke Valley Resource Authority Solid Waste Facilities 10. Bond Pro;ect status ReÞort IN RE: EXECUTIVE SESSION At 5:00 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (3) To Consider the Disposition of Real Property, Namely, To Consider an Offer to Purchase Surplus Well Lot. carried by the following recorded vote: The motion AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-42694-6 At 7 p.m., Supervisor Johnson moved to return to Open Session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 42694-6 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, l þ I I ~ ~ April 26, 1994 251 I I 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 identif ied 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 Johnson to adopt the and carried by the following recorded AYES: NAYS: Supervisors JOhnson, Kohinke, Minnix, Nickens, Eddy None IN RE: PUBLIC HEARINGS j II"" 252 April 26, 1994 þ .L. Public Hearinq to Elicit Comments Reqardinq the ProÞosed BUdqet for Fiscal Year 1994-95. The following individuals spoke regarding funding in the proposed budget. Several presented written information for the official Board packet. 1. Mary Barrow, 5140 Canter Drive, Mental Health Association spoke in support of funding for the Blue Ridge Community Services. 2. Michael Quinn, 4816 Topping Hill Drive spoke in support of funding for the Mill Mountain Zoo. 3. Gerald Carter and Martha Mackey, 114 Ma~ket street, spoke on behalf of funding for the Roanoke Valley II Convention and Visitors Bureau. 4. George Logan, One Market Square, spoke on behalf of funding for Center in the Square. 5. James C. Sears, 6026 Cavalier Drive, spoke on behalf of funding for Center in the Square. 6. Mary McBurney, 2532 Stanley Avenue, spoke on behalf of funding for the Roanoke Valley Horse Show. 7. Susan Williams, LOA Area Agency on Aging, spoke on behalf of funding for their organization. .8. Ellen Brown, Director, TAP, 145 W. Campbell Avenue, spoke on behalf of funding for Total Action Against Poverty. 9. Heidi Krisch, 5128 Crossbow Circle, S. W.,spoke on I l ~ I I ~ April 26, 1994 253 behalf of funding for the Roanoke Symphony Orchestra. 10. Carol White, 5122 Crossbow Circle, spoke in support of funding for the Health Department's CHIP program. 11. Rodney Ferguson, 151 Houston Avenue, Roanoke County Professional Firefighters, spoke in'support of increased staffing in the Fire and Rescue Department. 12. Dr. Carol Gilbert, 2323 Jefferson Street, Director of EMS Training, spoke in support of increased fire and rescue staffing with advance life support training. 13. Bruce Roy, 1202 Jamieson Avenue, Roanoke County Professional Firefighters, spoke in support of increased staffing in the Fire and Rescue Department. 14. Ted Allen, Alliance for the Mentally Ill, spoke in support of funding for Blue Ridge Community Services. 15. '¡'om Bier, 9962 Greenhouse Road, a volunteer at Bent Mountain Fire & Rescue, spoke in support of increased fire and rescue staffing. 16. Jan B. Garrett, P. o. Box 598, Roanoke, spoke in support of funding for the Council of Community Services. 17. Jere Lee Hodgin, Center in the Square, spoke in support of funding for the Mill Mountain Theatre. 18. Weldon Lawrence, 1142 Ridgecrest Road, spoke in . support of funding for the Virginia Museum of Transportation. 19. Nancy Connelly, One Market Square, spoke in support of funding for the Roanoke Valley History Museum. ~ II"" 254 April 26, 1994 þ 20. ,Brett Rossi, One Market Square, spoke in support of funding for the Native American Pow Wow. 21. Laura Pollock, 1995 Richlands Hills, spoke in support for the "Care Coalition" which provides home repair for elderly low income people. 22. Kenneth Shutz, One Market Square, spoke in support of funding for the Western Va. Science Museum. 23. Roger Matthews, P. O. Box 458, Troutville, spoke in support of funding for Goodwill Industries Tinker Mountain Workshop. 24. Mildred Willis, Alliance for the Mentally Ill, spoke in support of funding for Blue Ridge Community Services. II 25. Charles E. Speck, 6423 Fairway Forest drive, spoke in support of funding for Opera Roanoke. 26. Mary Crockett dill, 801 East Main Street, spoke in support of funding for the Salem Museum. 27. Lynn Thomas, 6874 Landmark Circle, volunteer fire chief, spoke in support of increased fire prevention staff. h Public Hearinq for ci tizen comment on the Secondary Road System Six-Year Construction Plan for Fiscal Year 1994-2000. (Arnold Covey. Director of Enqineerinq & InsÞections) h Request for AdoÞtion of the Secondary'- Road System Six-Year Construction Plan and the I l ~ ~ April 26, 1994 255 Allocation of Funds for Fiscal Year 1994-95. R-42694-7 Mr. Covey advised that on March 8, 1994, the Board reviewed the Secondary Road System six Year Construction Plan for fiscal year 1994-2000, and the funding for fiscal year 1994-1995, based on an allocation of $2.8 million. He explained this was a public hearing for citizen comment on the issue. VDOT Resident Engineer Jeff Echols was also present to answer questions. Lois Hinkle, 5478 Yale Drive, asked about maintenance to her road which has been impacted by trash trucks and school buses. Mr. Echols advised he would meet with her to determine I whether her road was in the state system. In response to questions from the Board members, Mr. Echols advised: (1) that guardrails could be included in shoulder improvements to Sugar loaf Mountain Road; (2) that Ivy Ridge Road could be improved, but not in the Six-Year Plan; (3) that VDOT was considering spot improvements to Timbervue Road; and ( 4 ) that VDOT would look at guardrails for Bushdale Road. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None I RESOLUTION 42694-7 APPROVAL AND ADOPTION OF THE SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 1994-2000 AND APPROVAL OF THE ALLOCATION OF FUNDS FOR FISCAL YEAR 1994-1995. ~ II"'" 256 April 26, 1994 þ WHEREAS, ~ public hearing was held on April 26, 1994, to receive comments on the adoption of the Secondary Road System six Year Construction Plan for Roanoke County for Fiscal Year 1994-2000; and the adoption of the Funding for Fiscal Year 1994- 1995; 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 1994-2000 and allocations for Fiscal Year 94-95 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 II Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Secondary Road System Six Year Construction Plan for Roanoke County for Fiscal Year 1994-2000 by the Clerk to the Board. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Request for AÞÞroval of proiects for 1994-95 Vir9inia DeÞartment of TransÞortation Revenue Sharinq Proqram. Mr. Covey advised that the State of Virginia offers I A-42694-8 l ~ ~ April 26, 1994 257 I I matching revenue sharing funds up to $500,000 to localities for construction, maintenance and improvements to primary and secondary roads. VDOT and County Staff have prepared a priority list of proposed projects to be constructed with revenue sharing funds. $500,000 has been included in the 1994-95 proposed budget for the. County's share. Supervisor Nickens moved to approve the projects for revenue sharing. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy None ~ PUblic Hearinq for the Consideration of Acquisition bv Condemnation of Easements Across ProÞerty Owned by Roqer LaPlace and Suzanne S. LaPlace. Samuel E. Austin and Virqinia E. Austin. Woodrow M. Wimmer and Sharon G. Wimmer. and Herriman Sears for the Water Transmission Line Proiect. (William Ð. HOÞkins. Counsel for Roanoke County) Mr. Hopkins reported that the subj ect properties are necessary to construct water transmission lines from the Roanoke County Water Treatment Plant to various parts of the Counties. He advised that a written offer of $2,825 was extended to Mr. & j I"'" 258 l\pril 26, 1994 þ Mrs. Wimmer based on an independent appraisal. They made a counter-offer of $4,825. The County made a written offer of $5983 to Mr. Sears who has declined the offer and has not made a counter-offer. A written offer was made to Mr. & Mrs. Austin of $661.00. They declined the offer and have not made a counter- offer. The County made a written offer to Mr. and Mrs. LaPlace of $414.00 which was declined. Woodrow Wimmer presented photographs and a video of their property. Their primary concern is the trees that will be destroyed by the water line. Roger LaPlace advised that the water line will go through prime developable land. He also advised that the appraisal was not shared with him, but he is I willing to negotiate. Samuel Austin advised that he has not had an opportunity to negotiate and he felt that water line could be put in an existing ditch. FOllowing discussion, Supervisor Nickens moved to postpone the item to May 10, 1994 to allow staff to continue negotiations. The motion carried by a unanimous voice vote. IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES .L. Ordinance to Rezone 3.118 Acres from I-2 and PRD to' I-l and Obtain a SÞecial Use permit to Allow for EXÞansion of an Existinq Mini-Warehouse OÞeration. Located Ad;acent to 5021 Benois Road. I l ~ ~ April 26, 1994 259 Cave sÞrinq Maqisterial District. UÞon the Petition of Storaqe Bins. Inc. (Terry Harrinqton. Director of Planninq & Zoninq) 0-42694-9 Mr. Harrington presented the staff report, advising that the Planning Commission recommended approval of the request. Supervisor Minnix moved to adopt the ordinance. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None I ORDINANCE 42694-9 TO CHANGE THE ZONING CLASSIFICATION OF A 3.118 ACRE TRACT OF REAL ESTATE LOCATED ADJACENT TO 5021 BENOIS ROAD (TAX MAP NO. 87.11-3-26) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROH THE ZONING CLASSIFICATION OF. I-2 AND PRD TO THE ZONING CLASSIFICATION OF I-l AND APPROVING A SPECIA~ USE PERMIT UPON THE APPLICATION OF STORAGE BINS INC. WHEREAS, the first reading of this ordinance was held' on March 22, 1994, and the second reading and public hearing were held April 26, 1994; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 5, 1994; 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: I l. That the zoning classification of a certain tract of real estate containing 3.118 acres and located adjacent to ~ II"" 260 April 26, 1994 5021 Benois Road, (Tax Map Number 87.11-3-26) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of 1-2, Industrial District, and PRD, Planned Residential Development District, to the zoning classification of 1-2, Industrial District. 2. That this action is taken upon the application of storage Bins Inc. 3. That this real estate is more fully described as follows: þ Beginning at a point on the easterly side of Benois Road, Virginia Secondary Route 663, said point being a common point with property owned by the Board of Supervisors of Roanoke County Virginia; thence in a I southerly direction along the easterly side of Benois Road S 21 55' 37"W 33.22' to a point; thence along the easterly side of Benois Road in a westerly direction S 88 32' 39"W 30.76' to a point; thence continuing in a southerly direction along Benois Road S 29 43' 31"W 256.96' to a point; thence· leaving Benois Road in a northwes;':erly direction N 39 27' 43"W 448.91' to a point; thence in a northeasterly direction N 49 20'30"E 162.03' to a point; thence N 18 01' 10" E 119.76' to a point; thence in a southeasterly direction S 52 39'32"E 137.94' to a point; thence continuing in a southeasterly direction S 86 27' 58"E 230.27' to a point of intersection with the easterly side of Benois Road; thence along the easterly side of Benois Road in a southerly direction S 9 17'02" W 111.88' to a point of intersection with the property owned by the Board of Supervisor's of Roanoke County Virginia; thence along a common line with property owned by the Board of Supervisors of Roanoke County virginia in a northerly direction N 55 03' 58" W 114.98' to a point; thence in a southerly direction S l6 02' 02" W 105.70' to a point; thence in a southerly direction S 55 03' 58" W 118.98' to point of beginning on the easterly side of Benois Road, said property containing 3.118 acres and being further described as Roanoke County Tax Parcel # I 87.11-3-26. 4. That a Special Use Permit is hereby granted for l ~ ~ April 26, 1994 261 I I the expansion of an existing mini-warehouse operation located on the property in accordance with Section 30-19 and 30-61-2 (B) of the Roanoke County Zoning Ordinance. 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: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ ~ Ordinance to Rezone .200 Acre from C-l to C-2 to OÞerate a Beauty Salon. Located at 5711 AirÞort Road. Hollins Haqisterial District. UÞon the Petition of Pam Shifflette. (Terry Harrinqton. Director of Planninq & Zoninq) 0-42694-10 Mr. Harrington presented the staff report and advised that the petitioner has no intentions to expand the building. The Planning Commission recommended approval. Supervisor Johnson moved to adopt the ordinance. The ~ I"'" 262 April 26, 1994 motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 42694-10 TO CHANGE THE ZONING CLASSIFICATION OF A .2 Q 0 ACRE TRACT OF REAL ESTATE LOCATED AT 5711 AIRPORT ROAD (TAX MAP NOo 38.14-1-3) IN TH2 HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C- 1 TO THE ZONING CLASSIFICA'rION OF C-2 UPON THE APPLICATION OF PAMSHIFFLETTE WHEREAS, the first reading of this ordinance was held on March 22, 1994, and th~ second reading and public he~ring were hel"t Ap"i l 26, 1994; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this ma~ter on April 5, 1994; and, WHEREAS, legal no~ice and advertisp.ment 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 .200 acre, as described herein, and located at 5711 Airport Road, (Tax Map Number 38.14-1-3) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Pam Shifflette. 3. That said real estate is more fully described as l þ I I ~ ,.I. ~ April 26, 1994 263 follows: BEGINNING at an iron pipe on the northeast side of Virginia Route 118 at the southwest corner of the tract· conveyed to Alonzo H. Schackelford and Samuel W. Cox, trading as Schackelford-Cox Truck .'& Machinery Company; thence with Route 118 N. 38 deg. 00' W. 60 feet to a stake; thence with anew division line through the Schackelford-Cox property N. 68 deg. 30' E. 150 feet to a stake; thence wi th the line of the Schackelford-Cox tract S. 38 deg~ 00' E. 60 feet to an i~on pipa at the southeast corner of the tract conveyed to Schackleford-Cox Truck & Machinery Company; thence with the line of the Schackelford-Cox Truck & Machinery Company tract, S. 68 deg. 30' (sometimes erroneously shown as 39') W. 150 feet to the Place of Beginning, and being a 0.198 acre parcel situate on the northeast side of Virginia Sec. Route 118. I 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 Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None I ~ Ordinance Authorizinq a SÞecial Use Permit to Erect a Broadcastinq Tower. Located .4 Mile North j II"" 264 April 26, 1994 of Intersection of Bent Mountain Road and AirÞoint Drive. Windsor Hills Maqisterial District. UÞon the Petition of Century Roanoke Cellular CorÞ. (Terry Harrinqton. Director of Planninq , Zoninq) Mr. Harrington reported that at the Planning Commission the petitioner advised that the broadcasting tower will be 45 feet high with two whip antennae and a two-foot microwave dish mounted 30 feet above the ground. He advised that several citizens expressed concern at the Planning Commission including (1) that the tower will devalue property and the scenic view; (2) that more towers could be constructed; and (3) the safety of the towers. Several citizens spoke in support of the request. The Planning commission recommended approval with conditions. Ed Natt, attorney for Century Roanoke Cellular Corporation, explained that the tower will be a 40 foot wood telephone pole with two antenna and a small microwave dish. The first 20 feet will be below grade, and it will not require an FAA light. The following citizens from the Bent Mountain Community spoke in opposition because of the visual impact of the tower, the need to preserve the beauty of the Bent Mountain area, and the potential for additional towers in the future: 1. Tom Bier, 9962 Greenhouse Road, 2. Suzon C. Bowles, 10357 Ivy Ridge Road, 3. James R. Bush, 10541 Bottom Creek Road, l þ I I "'II1II ~ April 26, 1994 265 I 4. Paul M. Bittinger, 10325 Tinsley Lane, 5. Alan Gleiner, 10185 Bottom Creek Road The following people spoke in support of the petition. 1. Charlotte Lester, 9168 Lookout Lane, who supported the petition because the property would be cleaned up. 2. Roger Vest, 7892 Five Oaks Road, owner of the property who explained the property has been used to dump trash and this problem would be eliminated if the petition is approved. There was discussion regarding whether the microwave dish would be visible from the road. Mr. Natt responded that the petitioner was willing to set up a "balloon" test simulating the height and size of the tower and dish. Supervisor Eddy moved to deny the ordinance. There was no vote. Supervisor Nickens moved to postpone the item to May 10, 1994', so that a test could be conducted to ascertain the visibility of the tower. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, KOhinke, Nickens NAYS: Supervisor Minnix, Eddy I L. Ordinance Authorizinq a SÞecial Use Permit to Erect a Broadcastinq Tower. Loca ted' Beyond the Terminus of Enchanted Lane. Cave SÞrin9 Haqisterial District. UDon the Petition of century j ,... 266 April 26, 1994 Roanoke Cellular CorÞ. (Terry Harrinqton. Director of Planninq & zoninq) 0-42694-11 Mr. Harrington Planning advised that at the commissioner the purchaser of the property described how he would clean the property, and advised that the property would be "broom" clean no later than June 15. The Planning Commission recommended that the request be approved. Supervisor Minnix moved to adopt the ordinance. Supervisor Nickens moved to amend Proffer #2 as follows "All inoperable vehicles will be removed from the site prior to issuance of a building permit". The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None Supervisor Minnix moved to adopt the ordinance as amended by Supervisor Nickens. following recorded vote: The motion carried by the AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 42694-11 GRANTING A SPECIAL USE PERMIT TO CENTURY ROANOKE CELLULAR CORP. TO ERECT A BROADCASTING TOWER ON A PORTION OF AN APPROXIMATELY 95-ACRE PARCEL OF REAL ESTATE LOCATED ON HAYSTACK MOUNTAIN BEYOND THE TERMINUS OF ENCHANTED LANE (TAX MAP. NO. 98.04-2-1), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Century Roanoke Cellular Corp. has filed a l þ I I ~ .) ".~ ~ April 26, 1994 267 I I petition to erect a broadcasting tower on a portion of an approximately 95-acre parcel of real estate located on Haystack Mountain beyond the terminus of Enchanted Lane in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 5, 1994; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 22, 1994; the second reading and pUblic hearing on this matter was held on April 26, 1994. 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 erect a broadcasting tower on a portion of an approximately 95-acre parcel of real estate located on Haystack Mountain beyond the terminus of Enchanted Lane in the Cave Spring 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. 2. That the Board hereby grants a Special Use Permit to Cellular One to erect a broadcasting tower on a portion of an approximately 95-acre parcel of real estate located on Haystack Mountain beyond the terminus of Enchanted Lane in the Cave Spring Magisterial District subject to the following amended conditions: (1) There will be one tower limited in height to j II"'" 268 . April 26, 1994 þ 45 feet. (2) The illegal trucking bUDineDD ,¡ill be terminated and All inoperable vehicles will be removed from the site prior to issuance of a building permit. On motion of Supervisor Minnix to adopt the ordinance with proffer #2 amended by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None h Ordinance Amendinq and Reenactinq Portions of Ordinance 82592-12. the Zoninq Ordinance of Roanoke County. by the Adoþtion of Certain Amendments to Said Ordinance. (Terry Harrinqton. Director of Planninq , Zoning) I 0-42694-12 Mr. Harrington reported that there were amendments to the text of the zoning ordinance. Commission recommended approval of the amendments. Elaine Engleman and Bob Engleman, 2951 Bradshaw Road, Salem spoke in opposition to eliminating the restriction on the height of fences. They felt that the County should have some regulations and enforcement. supervisor Kohinke moved to adopt the ordinance wi th Amendment #27 regarding fences removed and referred to the 23 proposed The Planning I l ~ ~ April 26, 1994 2@ Planning commission for further study. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 42694-12 AMENDING AND REENACTING ORDINANCE 82592-12. TIlE ZONING ORDINANCE FOR ROANOKE COUNlY, BY TIlE ADOPTION OF CERTAIN MINOR AMENDMENTS TO SAID ORDINANCE 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 COUIlty; and, WHEREAS, since the adoption of the new zoning ordinance the need for the adoption of several minor, technical amendments has been identified; and, I WHEREAS, the Planning Commission for Roanoke County held its public hearing on this amendment on April 5, 1994, and has 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 of the Zoning Ordinance for Roanoke 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 March 22, 1994, and the second reading and public hearing was held on April 26, 1994. 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: I 1. That the provisions of Section 30-4, Applications of Resrulations. be amended to remove references to private agreements as follows: , , SEe. 30-4 APPUCATION OF REGULATIONS j I"'" 270 April 26, 1994 þ **** (B) Where the standards imposed by this ordinance, are more or less restrictive than any other standard imposed by public regulation Qr pn·¡ate agreemeat, the more restrictive standard shall apply. 2. That the provisions of Section 30-19-1, General Standards related to Special Use Permits, be amended by adding a requirement to obtain necessary variances prior to acceptance of a special use pennit application, as follows: See. 30-19-1 General Standards w:':':'ml 3. That the provisions of Section 30-23-2, NonconfonninS!: Uses of BuildinS!:S. . Structures or Land. be amended to allow for the replacement of manufactured homes in existing I manufactured home parks, as follows: Sec. 30-23-2 Nonconforming Uses of Bw1dings, Structures or Land **** 4. That the provisions of Section 30-23-5, NonconfonninS!: Lots of Record. be amended to exempt preexisting lots of record from the frontage requirements as follows: See.' 30-23-5 Nonconforming Lots of Record (A) A lot of record that is nonconfonning due to lack of i¡[tiijlt~:::rtqfimkªWwidth, depth, or area may be developed, provided the development prö:posecCöÏÏihë"ïöt"is in accordance with the applicable use and design standards contained in the district regulations. S. That the following Definitions contained, in Section 30-28 (C) be modified as indicated: SEe. 30-28 DEFINITIONS **** I l ~ I I ~ April 26, 1994 271 (C) **** LOT, IRREGULAR - A lot of such a shape or configuration that ~ technically meet¡ the liN.I:::f!'&tlmi~::::::iñª:::åi$I::::::m::I8#'þtM requirements of this ordinance but meets these requirements by incorporating unusual elongations, angles, or curvilinear lines unrelated to topography 9.#ªmij¡::#.~mªW]iiªrr.~_. dr€\mw~atB an9mer pr9\Qsi9R 9f this 9r aay 9mer €91M!.ty rë~Ü:iiëmëï1i"'Exäï:Rpïëš'ï~{UTëgWar shape may æch,¡de, but are R9t limited t9 \:Ulysual el9Rgati9R, c\H"l'iliaear lines unrelated t9 t9p9gr.aphy 9r 9ther physical featYres 9r \mYSYa! angles. **** PUBUC WATER AND SEWER SYSTEMS - A water or sewer system owned and operated by: (1) a municipality or county; OR, (2) a private individual or a corporation approved and properly licensed by the State Corporation Commission prior to the adoption date of this ordinance; AND meeting the requirements of the State Health Deparnnent and/or Virginia Water C9Rtr91 B9ard..ffiE":è[:¡äWiBlmml::IMm!!ì. 6. That the Use Type descriptions in the subsections of Section 30-29 indicated be amended to reflect changes made to the Code of Virginia and to add a new use type for Camps as follows: SEe. 30-29 Use Types; Generally **** See. 30-29-1 AmculturaI and Forestry Use Tvoes * * * * COMMERcrAL FEEDLOTS - A site where animals are stabled or confined. and fed or maintained for a total of 45 days or more in any 12 month period, and where the number of animals so confined include more than 300 slaughter or feeder cattle, 200 mature dairy cattle, 750 swine, 150 horses, or 30,000 laying hens or broilers, or any =i~m:~t.¡~¡¡þ.i~~~~ea~ir~~~:~~:t~~R:9~~::~~fP!!~~!!!,!~~!,!~ piÍrsumt···to·····the····Þ·êrffiitliegwations for Virginia Pollution Discharge Elimination System and Virginia Pollution Abatement Pennit Programs. **** See. 30-29-2 Residential Use Tvoes **** ALTERNATIVE DISCHARGING SEWAGE SYSTEMS - Any device or system which results in a point source surface discharge of treated sewage which is installed as a replacement system for a pre-existing individual single family dwelling with flows less than or equal to 1,000 gallons per day on a yearly average. These systems are regulated by the ...4 II"" 272 April 26. 1994 þ Virginia Department of Health under a general Virginia Pollution Discharge Elimination g~.*~Mj~;~Ii.¡ª§m~t;Mt.i~~¡~ ;s~~~sC::c~ :;:~'~'~!f!!!!it':~! prëihlbliëëCäïiCCšhaiCri"öt'hbë"'ë'öÏišldërecf a Utility Service, Major as described in this ordinance. (Amended Ord. 42793-20) **** See. 30-29-3 Civic Use Types **** **** FAMILY DAY CARE HOME - A single family dwelling in which more than five but less than .wMI'3! individuals, are received for care, protection and guidance during only part of a twéñiY-four hour day. Individuals related by blood, legal adoption or marriage to I ::IJ:~o;re:~:Qm~~~:~~ :~~;;n:f ~~~!'!!::::~!f:::!!;~!::::!!~!f::::!~!~!'~ ~ care of 5 or less individuals for portions of a day shall be considered as a home occunation. 7. That the following sections be amended by the addition of the pennitted use, Camps, as a. use by right in tl.e AG-3 and AG-I districts, and as a use by special use pennit in the AR district: SEe. 30-32 AG-3 AGRICULTURAl/RURAL PRESERVE DISTRICf Section 30-32-2 (A) 3. g.P~::¡! SEe. 30-33 AG-l AGRICULTURAl/RURAL LOW DENSITY DISTRICf Section 30-33-2 (A) 3. .ë~l! SEe. 30-34 AR. AGRICULTIJRALlRESIDEN11AL DISTRICf Section 30-34-2 (B) 2. Ê!li!:::! 8. That the Site Development Regulations in the R-I and R-2 districts be amended as follows to allow additions based on preexisting encroachments in side or rear yards: See.' 30-41-3 Site Development Regulations **** (B) I l ~ ~ April 26, 1994 273 See. 30-42-3 Site Development Regulations **** (B) 9. That the height restriction in the 1-1 and 1-2 zoning districts be amended to accommodate higher structures as follows: See. 30-61-3 Site Development Regulations **** (C) Maximum heiS!:ht of structures 1. Height limitations: a. AU f¡trnctwes: 43 feet, inchuHßg reet't:ep mecnanÎE:al e'luipmeat. The maximum beight may be increased te éO feet prev:ided eacb side and re:H' yard if¡ iRcreased eRe feet fer eacb feet ÍR beight e~r 45 feet. I See. 30-62-3 Site Development Regulations * * * * (C) Maximum heiS!:ht of structures 1. Height limitations: a. All strnctl.lres: 43 feet, including reet't:ep mechanical e'l'lipmeBt. The max4m1:lm neight may be increased te 100 feet pre'Jided eacb side and re:H' yard is ÍRereased eRe feet fer eacb feet in beight ever 45 feet. I ~ I"'" 274 April 26, 1994 þ 10. That the reference to the Floodways Table in the Flood Insurance Study be corrected in Section 30-74-4, Delineation of Areas. as follows: (A) Sec.30-74-4 Delineation of Areas 1. The Floodwav is delineated for purposes of this Section using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100 year flood without increasing the water surface elevation of that flood more than one foot at any point. These Floodways are specifically defined in Table ~ it of the above referenced Flood Insurance Study and shown on the Flood insurance Rate Map accompanying that study. 11. That fonner ,independent agencies of the new Virginia Department of Environmental Quality (DEQ) be modified in a number of sections as follows: (B) (A) (A) Sec. 30-74-7 Floodplain Area Provisions, Generally Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways or any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any channels or floodways of any watercourse, stream, etc., within Roanoke County, approval shall be ~ªi~ill:mi¡9:;§.t¡¡¡ª~Ta~~::.tr:~~:~~!lftI~!f~!!t!!'f:t~~~~!"! aifëëiëëCä'djä"ëëÏituJunšdlërions. Copies of such notification shall be forwarded to the State Water CeRtrel Beard M!f_::::p,~imtª!IRratfi\l§mñ~ñtltB~.~liIJit.ªftII W¡iit=. the State Department of Intergovernmental Affairs, and the. Federal Insurance Xdmhlistration. I See. 3~1-2 Commercial Feedlots 2. Any commercial feedlot proposed shall prepare and follow a management plan for responsible and environmentally safe management of all animal wastes. Such plan shall be approved by the Virginia 'Hater Centr-el BeardIQiimtit¡:1 Rm:!.e1t@.lBil.t.~:::§~mÆRñ:::ßf:iit(~i~ . 3. Commercial feedlots shall be laid out and established consistent with the design recommendations and standards set forth in the most recent issue of Best Management Practices Handbook of the Virginia ',\Tater CeRtrel BgMdfmi.mt,Œ'::ëª..ñ~il::I:Umrwi::mìtw.!9i:::Rt:ilf.tl· See. 3~1-6 Stable, Commercial 4. Commercial stables shall prepare and follow a management plan for responsible and environmentally safe management of all animal wastes. Such plan shall be ::~i~~llfl.III'IIL¡::::II¡¡m¡;:~Ê::æii~ ;::~ waste shall not create a nuisance or health hazard to adjoining property owners. I 12. That the use and design standards for Accessory Apartments contained in Section 30-82-1 be amended to allow greater design flexibility as follows: l ~ I I ~ April 26, 1994 275 See. 30-82-1 Accessory Apartments **** (B) 2. apartment is desigaed aad cORstructed to be aceessiGle to dIsabled peRions ia conformance with the staadards of the National :\mericaRs 'Nith Disabilities P.et. **** 4. Exterior entrances to the apartment shall be allo'A'ed on the side or rear of the Stnlctur~. . ~g[¡t~~t:Wtt:;I:::::~ªI;¡ii!III:::::!Iim~i::::tgP.M::;liiUm~ No Rew frost entranees shall be permitted. 13. That former independent agencies of the new Virginia DEQ be modified in a number of sections as follows: See. 30-82-1.5 Alternative Discharging Sewage Systems (B) 4. Wherever possible, the review and consideration of a request for a special use permit shall be coordinated with the review procedures and requirements of ¡¡i¡~¡¡:_i~~:::ì¡íqñlii¡ª,I~oard (SWCB)¥:i,I.m!æ¡¡¡¡~rIiBiJij)!)~!)Sf (C) 1. All proposed alternative discharging sewage systems shall comply with the regulations and requireme¡lts of the State ~.Tater Control Board (SWa)Wmãm mil_§RïiI&fI!!g\i§,.mä!!!~!!!_tm~!I!i§.!gn!¡!!¡¡&Ïi!i!!!I:itit and the Virginia Department of Health (VDH) pursuant to Section 62.1-44.2 et seq. and Section 32.1-163 and 164 of the Code of Virginia, respectively, as may be amended. The primary regulations which govern the permitting and installation of these systems are contained in the VDH regulations titled "Alternative Discharging Sewage Treatment System Regulations for Individual Single Family Dwellings (VR 355-34-400)." 14. That the provisions of Section 30-82-9, Manufactured Home Park. be amended in order to clarify the status and minimum requirements for replace units in manufactured home parks established before the amendments in 1986 as follows: See. 30-82-9 Manufactured Home Parle **** iUl@Ill:BillB,.¡m!ìK!jì!lml!fJ:UIIIí.fImª:::::!~1ì1illl.'jI¡¡:¡Iilllliläl ~ ,.... 276 April 26, 1994 þ .;II~@:::~ê~§H~ª::::!ÂImi::::B*=9~m1p~:@epm:i.j:::g!~mf.~1:::ƧwttB'::::P.fm1~tœ:::1mi ¡iI::II:::::::II)mi:::mfl1ßi!§g§g:::§§.m":]i::~TI1~g::I~m:::i:::gli§!i:::!iititlm:::IÊ&r::t§1Œjgjpi91i follows: 15. That the side yard requirement for zero lot line developments be reduced as Section. 30-82-12 Single Family. Detached (Zero Lot Line Option) **** (B) 3. Minimum side yard opposite the zero yard: TweBt7' (20) lli~il\ìm: feet. 16. That the following provisions be amended to explicitly allow in certain districts private roads in certain types of developments: Sec.30-82-13 Single Family. Attached * * * * I CD) 111!!rl!ill.lliI1111J11~III.ill,r~li'II~;RtI§f:Œijem:unjW~ªImt Sec.30-82-14 Townhouses * * * * (B) 8. 17. That the following use and design standards for the new use type, Camps, be added as Section 30-83-0.5: 1!'E~.tl§::::¡:::.iI .:::\::::::::¡:¡t\::t:::::ttt\\@:::::::\\:\_m::::R.I9i~ I l ""l1lI ~ April 26, .1994 277 ti.~::¡¡H¡¡¡:¡¡¡¡¡¡¡¡¡¡II::¡¡:¡¡¡:¡:¡:::¡::¡:¡:::¡:¡¡!!Um!::Ägt¡:::íIª:::ÃrU¡I¡:¡!~!miW:~: ~!f:¡:¡Ii¡i¡i¡i¡i!!!iI¡i¡i;m!¡!!mip.!m.¡!¡ilit{€jjE!Nij¡i¡~.!!!§j}!g¡i¡!§#tijH§Hî!i";f.m~t 18. That the following amendments be made to the use and design standards for Family Day Care Homes in order to coincide with new state regulations: See. 30-83-6 Family Day Care Home (A) 1. Au. Family Day Care Homes~aVh~tW::¡PRtMª9.t~l shall comply with the Minimum Standards for Family Day Care"Ho'me's'estabHšhed by the Virginia Department of Social Services, as may be amended. I 2. .^. Family Day Care Heme £nall be eperateå enly by the e€£\:lp:mt 'whe resiåes ea the premises. J.:IHI!!I!!!!!!!.;ªM@¡11.iª~#!JMiWiµgf.ª;' ~!ij copy of the license to operate a Family Day Care ,.....··....'Ïiõiiïer·äpprovëð:·..·by"·tïië'·' VÚ'gmia Department of Social Servicesi shall be presented to the Administrator prior to the issuance of a Business "Ucense or certificate of zoning compliance to operate a Family Møme Day Care Home. 19, That the use and design standards for places of Religious Assembly be amended in order to exempt minor addition from the special use pennit requirement as follows: Sec. 30-83-9 Religious Assembly **** tÇ,i irum:¡:~¡::!!:::.;I'læª::!!!!i§r:::I~'1!f¡:.;¡¡.mw*9aMgtB9.I¡:J),ijî~!'f:ª!!ªlliiZ~'.r¡!i.' l¡mmt¡¡t!:!:!.llri.'~III..i!i!i§tlmiIili.!§~tI!!:i¡!p.g~III!I_I:I.l!ll!i!li¡¡¡IIt.P.i §!¡:!tl:It!!!!!.III~I~li111Iíli'~II~.'PI!I§'§II~II'¡:¡..!!i!¡\p{J!I!œr:B I j ,.... 278 April 26, 1994 þ ðYIgmi:r::!~iª~~ªrm:::m\1~!:::gRîimI~::2piªi!:::lii:::ljm;~¡ m)::::III¡:I:¡:::::::::I:¡::::1I::¡::¡:I11I!!Bm1!t:i:.411:::m¡:ili::\!1t¥::::l.îimlf; 1~:II:::::::::::::::::::~:::Þil::Is.~m§1M:::~.Þ!i::9.!t!:::19J#.m~:::i:::$,jlll::~f:Î:::gi:rmW IŒm::::::::::I::'Jfi~~!ªrm:¡&Ê:!I!~m$.tiìt:Î!:::.:::iÎtm!nÎ$Í:!jI§m1~ 20. That former independent agencies of the new Virginia DEQ be modified in a number of sections as follows: (A) (A) (A) (A) l Sec. 30-86-4 Landfill, Construction Debris 3. The site development and operations shall be in accordance with all of the regulations of the Virginia Department of Waste MaaagemeRt$.iWWijijffliffl:m Omi!il. include special conditions of any landfill permit, for consttU~t{õn""dehrIš' laiidfiìîs. **** 6. No clearing or landfùling activities shall be undertaken until the appropriate permits are approved by the Virginia Department of WaHe ManagemeRt!ffimªãmiñt.M:::rm~Uæ· See. 3~5 Landfill, Rubble I 2. The site development and operations shall be in accordance with all regulations of the Vir . ia De artment of ~Naste Mana emeRtSri.iiiô.mn&.idUt~~Mr'~: include g1I1 P g .,,;,;,;,;.;.,;,;,;,;,;,;,;,;,:,,;,:,:.:,:,;,:,:,;,:.:.:.:.:,;.;,;,;,8.ff::.:.;,;,;.Ji!. special conditions of any landfill permit. See. 30-86-6 Landfill, Sanitary 3. The. site development and operations shall be in accordance with all of the regulations of the Virginia Department of Waste MaRagemeRtiiVIi.__ ....:."//.......... ....................y.......................................... Qg~UW. include special conditions of any landfill permit, for sanitary landfills. ....~.......x....... **** 6. No clearing· or landfilling activities shall be undertaken until the appropriate permits are approved by the Virginia Department of WaHe MmagemeRrmi..i:ñmll:rJ§i1ë· See. 3Q..86.10 Transfer Station 1. The site development and operation shall be in accordance with all of the regulations of the Virginia Department of 'Naste MaaagemeRtJmWtifrnwm:ijU ~~iJ#.1. including special conditions, for a transfer station. ·.m·,WMWn.·>,.">nw.·.·,w,·,. :N=Jti"h,.....·.. .". I 2. No land development activities shall be undertaken until the appropriate permits are, approved by the Virginia Department of Waste MaaageHieRG._.. ~ ~ April 26, 1994 279 lp-iUI· 21. That the subsections of Section 30-88, Accessory Uses and Structures. be amended as follows in order to explicitly allow construction trailers and set conditions for their removal: See. 30-88-2 Accessory Uses: Residential Use Types (A) See. 30-88-3 Accessory Uses: Civic Use Types (A) See:. 30-88-4 Accessory Uses: Office Use Types (A) I Sec. 30-88-5 Accessory Uses: Commerc:ial Use Types (A) Sec. 3~ Accessory Uses: Industrial Use Types (A) 22. That the provisions contained in Section 30-91-2, General Resrulations for Parkins.!:. be amended as follows to provide a more enforceable description of trucks prohibited in residential districts: See. 30-91-2 General Regulations for Parlång (A) 2. No truck or commercial vehicle exeeeaing 7,500 p9\mas grass v:eight g.t».ni#f,¡ª~Wf:j4. I 23. That the provisions be amended to add the references and notations to Chart 1 of the Screening and Buffering provisions addressing the Planned Residential Development (PRD) district j II"" 2&0 April 26. 1994 þ as follows: See. 30-92-4 Applicability of Regulations W CHAATl S t e Zonin~: R-3 R-4 ~~ C-I C-2 1-1 1-2 Adioinin~ Zonin~ NC C-I C-2 ~ A A I B B C C A A B C C C B B C D D D * * il B C D D .. C C ~l C D D E B B i:t C C D E I * B I:! C C D E * * , * C D E "It . , ~:f. 11: D It ... .. .... ,.. * * , * * C C * * t * * C C * * ; * * C C AG-3 AG-I AR AV R-I R-2 R-3 R-4 p1tt:J. ;.:.:.:.:.:.;.;.;.:. Footnote: 1. The zoning administrator shall determine the required Type based on the existing or proposed use in the PRO and the district in which those uses are permitted. 24. That the wording in Section 30-92-4, Applicability of Re~ations. dealing with the screening of dumpsters and loading areas be amended as follows for administrative clarity: See. 30-92-4 Applicability of Regulations **** CD) l~fI.ª¡::::ill:~:g:h~:eI9~eQ,:~e~~:s S¡f¡ri¡;dI:.I.illì.lliJr~ surrounding views. Rooftop mechanical equipment shall be screened. In addition, ground level mechanical equipment shall be screened or landscaped. 25. amended as follows: That the provisions for signage permitted at certain shopping centers be I l ~ ~ April 26, 1994 2&l See. 30-93-14 Special Signage Districts and Regulations **** (B) Shopping Centers. Within shopping center square footage that existed prior to the adoption of this ordinance, new or existing businesses may modify or replace their existing attached signs provided the area of the modified or new signage is equal to or less than the original displayed signage. Modifications to freestanding signs shall be in accord with the district regulations. 26. That the following provision be added to Section 30-100-2, Yard, Setback and Hei~ht Requirements, to allow structures to be built over lot lines under the same ownership without the need to vacate property lines: I See. 30-100-2 Yard, Setback and Height Requirements **** 27. That the fullew~.Rg pre·.tisieRs dealing witR the height ef feREes ÎR £reRt ef the bYildiRg line be deleted as fellews: See. JO 100 9 Lo£atiea aad Desiga efFeaE88 ~ (ß) OR 3Rf let eEEypied by a resideRtial yse type, feREes leEated ÍR £reRt ef t:àe byilding lme shall Ret 9xEeed few feet in height. 28. 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 Kohinke to adopt the ordinance with Amendment #27 I removed, and referred to Planning Comission for further study, and camed by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy ~ II"" 282 April 26, 1994 NAYS: None ~ Ordinance Vacatinq a 15 Foot Drainaqe Easement as Shown on Lots 6. 7. and 8. Loca ted on Elbert Drive. Block 1. section 1 of Suqarloaf Hiahlands in the windsor Hills Maqisterial District UÞon the Petition of Walter J. Baumoel. Jr. and Sue G. Baumoel. (Arnold Covey. Director of Enqineerinq & InsÞections) 0-42694-13 There was no discussion. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 42694-13 VACATING A PORTION OF A 15-FOOT DRAINAGE EASEMENT LOCATED ON LOTS 6, 7, AND 8 ON ELBERT DRIVE IN BLOCK 1, SECTION 1 OF SUGARLOAF HIGHLANDS SUBDIVISION (PLAT BOOK 7, PAGE 43 AND PLAT BOOK 15, PAGE 35), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Wal ter J. and Sue G. Baumoel have requested the Board of Supervisors of Roanoke County, Virginia to vacate a 15-foot drainage easement located on Lots 6, 7, and 8 on Elbert Drive (Block 1, section 1 of Sugarloaf Highlands SUbdivision) in the Windsor Hills Magisterial District as shown in Plat Book 7, at page 43 and Plat Book l5, at page 35) of record, in the Clerk's Office of the Roanoke County Circuit Court; and, l þ I I ""l1lI ~ April 26, 1994 283 I WHEREAS, Section 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 Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on April 12, 1994; and the second reading of this ordinance was held on April 26, 1994. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 15-foot drainage easement located on Lots 6, 7, and 8 on Elbert Drive (Block 1, Section 1, Sugar loaf Highlands Subdivision, PB 7, page 43 and PB 15, page 35) in the Windsor Hills Magisterial District, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, I 2. That as a condition to the adoption of this ordinance, Walter J. and Sue G. Baumoel will grant a new drainage easement located to the north of the existing drainage easement toward the rear portion of these lots; and, 3. 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. 4. That Walter J. and Sue G. Baumoel shall record a certified copy of this ordinance with the Clerk of the circuit j II"" 284 April 26, 1994 þ Court and shall pay all fees required to accomplish this transac- tion and in addition, shall be responsible for all costs and expenses associated herewith. 5. That as a further condi tion to the adoption of this ordinance, the Board of Supervisors of Roanoke County, Virginia, shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures wi thin the old easement area by Walter J. and Sue G. Baumoel, their heirs, successors, or assigns. 6. That ;pursuant to § 15.1-485 of the 1950 Code of virginia; as amended, the Circuit Court Clerk shall write in plain legible letters across the part of the plat vacated, the II word "vacated" and also make a reference on the same to the volume and page in which the instrument of vacation is recorded. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None L.. Ordinance Declarinq a Parcel of Real Estate Iden- tified as Tax HaÞ No. 36.12-1-23 and Located on North Lake Drive (Block 3M. Section 10. North Lakes SUbdivision) in the Catawba Maqisterial District to be SurÞlus and AcceÞtinq/Reiectinq an Offer for the Sale of Same. (John D. Willey. I l ~ ~ April 26, 1994 285 ProÞerty Manaqer) 0-42'694-14 County Attorney Paul Mahoney advised that the County had advertised the sale of the property and there were no other offers. Parcell and Ziegler are offering $13,500 for the surplus real estate. Supervisor Johnson moved to reject the offer. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None I staff was directed to bring back a list of all surplus property in the County with a marketing strategy. ORDINANCE 42694-1( DECLARING A PARCEL OF REAL ESTATE IDENTIFIED AS TAX MAP NO. 36.12-1-23 AND LOCATED ON NORTH LAKE DRIVE (BLOCK 3H, SECTION 10, NORTH LAKE~ SUBDIVISION) IN THE. CATAWBA MAGISTERIAL DISTRICT TO BE SURPLUS AND AOOEPTINC/REJECTING AN OFFER FOR THE SALE OF SAME 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 subject property is hereby declared to be surplus and is being made available for other public uses; and I 2. That pursuant to the provisions of Section l8.04 of the Charter of Roanoke County, a first reading and public hearing was held on April 12, 1994; and a second reading was held j I"'" 2~ April 26, 1994 þ on April 26, 1993, concerning the sale and disposition of a parcel of real estate identified as Tax Map No. 36.12-1-23; and 3. That an offer having been received for said property, the offer of Parcell & ziegler to purchase this proper- ty for $13.500 is hereby rejected. On motion of Supervisor Johnson to reject the offer, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: ADJOURNMENT At 11: 00 p.m., Supervisor Johnson moved to adjourn. I The motion carried by a unanimous voice vote. Submitted By, Approved By, ~.1)~~~~~n '7??~ ß.~ Mary H. Allen, CMC Clerk to the Board I l