HomeMy WebLinkAbout4/26/1994 - Regular
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April 26, 1994
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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.
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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
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Mr. Hodge presented the highlights of the budget and
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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
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April 26, 1994
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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.
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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
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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)
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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
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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
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resolution, and carried by the,following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
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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
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Mr. Hodge advised that the County had obtained Hayes,
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April 26, 1994
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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
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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
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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
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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
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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
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April 26, 1994
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: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
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.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
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April 26, 1994
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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
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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
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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)
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April 26, 1994
237
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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
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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
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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
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April 26, 1994
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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:
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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
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April 26, 1994
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locality with which the County has
entered
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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
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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
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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:
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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
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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.
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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
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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
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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
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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
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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
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April 26, 1994
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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.
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4.
2.
$8.42.
Pursuant to FCC regulations, from the date of this
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247
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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.
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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
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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
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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,
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251
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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
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April 26, 1994
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.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
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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.
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April 26, 1994
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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
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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.
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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
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April 26, 1994
257
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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. &
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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.
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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
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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
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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
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April 26, 1994
261
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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
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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
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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.
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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
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Ordinance Authorizinq a SÞecial Use Permit to
Erect a Broadcastinq Tower. Located .4 Mile North
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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,
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April 26, 1994
265
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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
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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
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April 26, 1994
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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
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. April 26, 1994
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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
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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
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April 26, 1994
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****
(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
****
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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
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April 26. 1994
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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)
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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.
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April 26, 1994
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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:
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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~
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April 26, .1994
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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
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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._..
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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
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April 26. 1994
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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
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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:
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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
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(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
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removed, and referred to Planning Comission for further study, and camed by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
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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,
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April 26, 1994
283
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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,
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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
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284
April 26, 1994
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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.
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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
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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
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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
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April 26, 1994
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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
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