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HomeMy WebLinkAbout3/22/1994 - Regular ~ I I ~ March 22, 1994 W) Roanoke county Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 March 22, 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 March, 1994. I!tHRE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:05 p.m. 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 KEKBERS ABSENT: None STAPF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend William L. Ross, ~ ".. 140 March 22, 1994 þ Vinton Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Resolution of ADDreoiation to Armand Lee Sanderson for his Servioe on the Roanoke countv'-E1eotoral Board. R-32294-1 Chairman Eddy presented Mr. Sanderson with a framed resolution. Supervisor Kohinke moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy I NAYS: None RESOLUTION 32294-1 OF APPRECIATION TO ARMAND LEE SANDERSON FOR HIS SERVICE ON THE ROANOKE COUNTY ELECTORAL BOARD WHEREAS, Armand Lee Sanderson has served on the Roanoke County Electoral Board for twel ve years, having been appointed on March 1, 1982, and is now retiring from that Board; and WHEREAS, during his time on the Electoral Board, Mr. Sanderson served as the Chairman from June, 1984 until April 1993; and WHEREAS, Mr. Sanderson has also been active in a variety of community affairs, and is a former member of the Vinton Town Council, Past President of the Roanoke optimist Club .and Past President of the WHEREAS, through his activities and years of service to the I vinton Dogwood Festival; and l ~ I I ~ March 22, 1994 141 community, Mr. Sanderson has demonstrated his dedication and commitment to Roanoke County and to the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its deep appreciation to ARMAND LEE SANDERSON for his serVice on the Roanoke County Electoral Board and for his commitment to the people of Roanoke County; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes for Mr. Sanderson on the occasion of his retirement from the Electoral Board. On motion of Supervisor~Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Resolution of Weloome to Rita Levit. Visitinq Teaoher from Kiev. Ukraine. R-32294-2 Chairman Eddy presented Ms. Levit with the resolution and a gift from Roanoke County. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 32294-2 OF WELCOME TO RITA LEVIT, VISITING TEACHER FROM KIEV, UKRAINE ~ ".. 142 March 22, 1994 þ WHEREAS, international exchange programs provide an opportunity for people from different countries and different cultures to learn about each other; and WHEREAS, these programs are especially important to teachers, who have the opportunity to learn about the subjects which they teach; and WHEREAS, Rita Levit, an English teacher from Kiev, Ukraine, is visiting Oak Grove Elementary School in Roanoke county, and has been attending various activities throughout the Valley, providing an opportunity for our children to learn about the people of the Ukraine and the former Soviet Republic. NOW, THEREFORE, BE IT RESOLVED, that the Board of I Virginia, does hereby extend a warm Supervisors of Roanoke County, welcome to RITA LEVIT and expres3es its appreciation for her visit with us and with our children. IN WITNESS WHEREOF, We have hereunto set our hands and caused the Seal of the County of Roanoke to be affixed this the 22th day of March, 1994. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h Proolamation Deolarinq Month of Maroh. 1994. aBl Purohasinq Month. l 4 I I ~ March 22, 1994 143 Chairman Eddy presented the proclamati~n to Ruth Santopolo, President, and Hugh Clark, Program Chairman, Roanoke Chapter, National Association of Purchasing Management {NAPM), and Elaine Carver, Director of Procurement. Supervisor Nickens moved to approve the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: BRIEFING h Briefinc::r on Roanoke Valley Resource Authority Solid Waste Facilities. (John Hubbard. CEO. RVRA) Mr. Hubbard advised that the Transfer station is complete, the Tipper Station is 97% complete, and the landfill is scheduled to open on April 8, 1994. IN RE: NEW BUSINESS h Resolution Rec::ruestinq VDOT to AdoDt a Recommended List of Primary and Interstate Pro; ects for the six year ImDrovement Proc::rram. (Arnold Covey. Enc::rineerinc::r & InsDections Director) R-32294-3 Mr. Covey advised that the County needs to adopt a list of Interstate and Primary Projects to be presented to the Virginia Department of Transportation at a preallocation Hearing for Fiscal ..... ".... 144 March 22, 1994 ~ Year 1994-95 on April 13, 1994. Mr. Covey advised that the following projects that are presently on the Six Year Improvement Program will require an additional allocation of funds for construction: (1) Route I-Sl, and (2) Route 221 (Brambleton Avenue). Mr. Covey further advised that the following projects are not currently on the six Year Improvement Plan but are needed to improve congestion and safety concerns: (1) Route 115 (Plantation Road); (2) Route 11 (Williamson Road); (3) Route 11/460 (West Main street; and (4) Route 220 South (Franklin Road). Supervisor Eddy and Supervisor Nickens requested that two Supervisor Kohinke moved to adopt the resolution with I modifications be made to the resolution. modificati~ns. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 32294-3 REQUESTING VDOT TO ADOPT A RECOMMENDED LIST OF THE PRIMARY AND INTERSTATE PROJECTS FOR THE SIX YEAR IMPROVEMENT PROGRAM WHEREAS, the six Year Improvement Program is the Commonwealth Transportation Board's plan for identifying funds anticipated to be available for highway and other forms of transportation construction for distribution in the 1994":2000 plan; and WHEREAS, this program is updated annually to assist in the I and allocation of federal and state funds for interstate, primary , l 4 I I ,..r"' ,./ ~ , , I March 22, 1994' 145 secondary roads. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following is a list of the recommended Primary and Interstate Projects for inclusion by the Virginia Department of Transportation six Year Improvement Program for the 1994-95 Fiscal Year: 1. Route I-Sl - increase the number of north and south bound travel lanes, improvement of all interchanges and consider the construction of an additional interchange between wildwood Road (Route 619) and the interchange at Dixie Caverns (Route 460). 2. Route 221 (Brambleton Avenue) continuation of improvements to Route 221 from Crystal Creek Road to Route 752 (Old Mill Road) for a distance of approximately 2.3 miles. 3. Route 115 (Plantation Road) continuation of improvements south to the Roanoke City Limits to the four lane section of Plantation Road or, in the alternative, consideration of the construction of a segment between the Roanoke City limits and Hershberger Road. 4. Route 11 (Williamson Road) - the widening of Route 11 from the Roanoke City Corporate limits north to Route 117 to include improvements to the existing bridge structure over Carvins Creek and the realignment of Florist Road to Route 11. 5. Route 11/460 (West Main Street) - continuation of the four laning of Route 11 to the existing four lane section of Route 647 (Dow Hollow Road) . ~ ".... 146 March 22, 1994 ~ 6. Route 220 South (Franklin Road) - improvement of Route 220 south from the Roanoke ci ty 1 imi ts in Roanoke County to the Franklin County line. On motion of Supervisor Kohinke to adopt the resolution with modifications to paragraph 1, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None ~ Authorization to Chancre the Name of the Former Roanoke County Administration Center to The Brambleton Center. (Elmer Hodqe. County Administrator) I A-32294-4 Mr. Hodge advised that the fermer Roanoke County Administration Center at 3738 Brambleton Avenue is now being utilized for recreational purposes. The Parks & Recreation Department, at the recommendation of the Parks & Recreation Advisory Committee, held a contest to select a name. From the 50 entries they received, they are recommending that the name be changed to The Brambleton Center. Supervisor Nickens moved to authorize the name change. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None REQUEST FOR PUBLXC IlllJUUIIG AlII) I'J:UT lII!ADXIIG OF REZOIIJ:IIGI IN RE: l 4 I I ~ /:'/'> __ .c March 22, 1994 147 ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first readings of ordinances, and set the second readings and public hearings for April 26, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h Ordinance to Rezone 3.118 Acres from I-2 and PRD to t-1 and Obtain a Soecial Use Permit to Allow for EXDansion of an Existinc::r Mini-Warehouse ODeration. Located Ad;acent to 5021 Benois Road. Cave SDrinc::r Mac::risterial District. Uoon the Petition of ,storac::re Bins. Inc. ~ ordinance to Rezone .200 Acre from C-1 to C-2 to ODerate a Beauty Salon. Located at 5711 AirDort Road. Hollins Mac::risterial District. UDon the Petition of Pam Shifflette. Ordinance Authorizinc::r a Soecial'Use Permit to' Erect a Broadcastinc::r Tower. Located .4 ,Mile North of Intersection of Bent Mountain Road and AirDoint Drive. . Windsor Hills Mac::risterial District.. Uoon the Petition of century Roanoke Cellular COrD. ~ Ordinance Authorizinc::r a SDecial Use Permit to Erect a Broadcastinc::r Tower~ Located Beyond the Terminus of Enchanted Lane. Cave Sorinc::r Magisterial District. UDon the Petition of Century Roanoke Cellular COrD. h ~ Ordinance Amendinc::r and Reenactinc::r Portions of ordinance 82592-12. the zoninc::r Ordinance of Roanoke County. bY the Adootion of Certain Amendments to Said Ordinance. IN RE: FIRST READING OF ORDINANCES h Ordinance Authorizinc::r the Acc::ruisition of a Permanent Access and Environmental Clean-Do Easement from Layton De Thomas and Sandra H. Thomas in Connection with the Dixie Caverns Landfill site. (Paul M. Mahoney. County ~ ,..- 148 March 22, 1994 ~ I ì -'i Attorney) Mr. Mahoney advised that in order to comply with the Environmental Protection Agency required removal action in connection with the Dixie Caverns Landfill, this permanent access and environmental easement for the purchase price of $500 is being requested. supervisor Nickens moved to approve the first reading and set the second reading for April 12, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CONSENT AGENDA I R-32294-5 Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: supervisors Johnson., KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 32294-5 APPROVING AND CONCoRRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SoPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for March 22, 1994 designated as Item L - Consent Agenda to each item II be, and hereby is, approved and concurred in as l ~ I I ~ ;J. ~ March 22, 1994 149 separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of January 25, 1994, and February 8, 1994 Minutes. 2. Donation of a Drainage Easement in Connection with Camney Lane Road Project. 3. Request from the School Board for Appropriation of $500 to the School Grant Fund. 4. Request for Approval of 50/50 Raffle Permit from the Mason's Cove PTA. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix Nickens to adopt the Consent Resolution and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor Minnix: He advised that in response to a citizen's complaint about bingo games, he met with the citizen, Mr. Mahoney, and Skip Burkart, and they are researching the situation. SUDervisor Johnson: (1) He advised that he and Supervisor Minnix attended an all-day workshop at the Roanoke Regional Airport last week. He reported that a response from the Federal Aviation Administration (FAA) to the Part 150 Noise Study will probably be ~ ,..- 150 March 22, 1994 ~ received in mid-April, and that the Airport staff will make a report to the Board. He reported that the Airport is operating within budget and that tonnage has increased. SUDervisor Eddy: (1) He advised that on March 10, 1994, he and Mr. Hodge met with the Catawba citizens who were concerned about the routing of I-73 through the Catawba Valley. (2) He advised that on March 18, 1994, he and Supervisor Minnix attended the Green Valley Elementary School ribbon cutting for the library and kindergarten room. (3) He asked Mr. Hodge about the schedule for picking up the additional brush and bulk caused by recent storms. Mr. Hodge responded that progress has been made, and he believes that the maj ori ty of the bulk and brush will be picked up wi thin the next I month. IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports after discussion of Item 8. The motion carried by a unanimous voice vote. h General Fund UnaDDroDriated Balance ~ CaDital Fund UnaDDroDriated Balance Board Continc::rency Fund h ~ Accounts Paid - Februarv 1994 ~ Statement of Revenues and EXDenditures as of Februarv 28. 1994 I Summary of January and Februarv. 1994. Roanoke county L.. l 4 I ~ " March 22, 1994 l5J Fire & Rescue Reaction/ResDonse Times ~ Bond Pro;ect status ReDort ~ ReDorton 1991 Water pro;ects. Cliff Craig, utility Director, briefed the Board on an operational problem. Supervisor Minnix moved to receive and file Item 8. The motion carried by a unanimous voice vote. IN RE: WORK SESSION h Budc::ret Work Session. Mr. Hodge and Brent Robertson, Budget Manager, presented the Board with budget books, and there was discussion of the following topics: (1) Department Work Programs and Equipment Requests; (2) Contributions to Social Services and Cultural Agencies; (3) Dues and Per Capita Allocations; (4) Contributions to Human Service Agencies; (5) Proposed State Funding and Summary of State Budget Proposals; and (6) Vehicle Inventory Report. It was the consensus of the Board to have an addi tional Board Meeting on April 5, 1994, for a joint budget work session with the School Board and for other budget work sessions. The meeting will begin at 6 p.m. and will be held in the Fourth Floor Conference Room at the Roanoke County Administration Center. During the discussion, the Board members requested the following: (1) that a copy of the School Board budget be made I available as soon as possible; (2) that staff provide more ~ ,..- 152 March 22, 1994 ~ justification for items; (3) that the Fifth Planning District study on cost benefit of low-band radios be studied; (4) that the vehicle take- home policy be restudied; (5) that the items be prioritized; and (6) that staff provide justification for an increase in the E-911 tax, and the three year computer program project. Mr. Hodge advised that the study on emergency vehicles will be brought to the April 12, 1994 budget work session. IN RE: EXECUTIVE SESSION At 5:25 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 Acquisition of Real Property for a Proposed High School I Site; (3) To Consider the Disposition of Real Property, Namely, To Consider an Offer to Purchase Surplu~ Well Lots; (3) To Consider the Use of Real Property for Other Public Purposes, Namely, for Purposes of a Transmission Water Line; and (7) Consultation with Legal Counsel and Briefings by Staff Members Pertaining to (a) Probable Litigation Concerning Drainage or Flooding; and (b) Specific Legal Matter Relating to the Roanoke Valley Resource Authority. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: CERTIFICATION OF EXECoTIVB SESSION R-32294-6 II l 4 I II ~ March 22, 1994 153 At 7:05 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 32294-6 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the certification Resolution, and carried by 't.Qj following recorded vote: ~ ".... 154 March 22, 1994 ~ AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: PROCLAMATIONS, RESOLoTIONS, RECOGNITIONS, AND AWARDS h Resolutions of ADDreciation to David Asher. David Baril. and Jack DoYle for their Assistance to the Community. R-32294-7 Supervisor Minnix presented resolutions to David Asher, David Baril, and Jack Doyle. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy II NAYS: Non€ RESOLUTION 32294-7 OF APPRECIATION TO DAVID ASHER, DAVID BARIL, AND JACK DOYLE FOR THEIR ASSISTANCE TO THE COMKUNITY WHEREAS, the Roanoke Valley has recently endured several severe winter storms, which left many homes without power, heat and water; and WHEREAS, during the ice storm which hit the Roanoke Valley on March 2 and 3, 1994, many trees and branches were knocked over, causing blocking of roads, damage to buildings, and destruction to power lines; and WHEREAS, Southwest Roanoke County sustained some of the worst damage, particularly the Penn Forest Subdivision and the II surrounding neighborhoods, and many of the residents were unable to l 4 I II ~ March 22, 1994 155 reach their driveways or the roads; and WHEREAS, David Asher, David Baril and Jack Doyle, all seniors at Cave Spring High School in Roanoke County, spent the night and early morning hours during that storm removing and cutting trees, timber and branches, using their own equipment, and on their own initiative, so that the residents would be able to use their automobiles. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby express its deep appreciation to DAVID ASHER, DAVID BARIL AND JACK DOYLE for their initiative, their generosity, and their thoughtfulness in coming to the aid and assistance of their neighbors. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recordedrvote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: PoBLIC HEARING AND SECOND READING OF ORDlHANCES L. Ordinance Authorizinc::r a SDecial Use Permit to Construct a Church. Located at the Southwest Intersection of Merriman Road and Cartwric::rht Drive. Cave SDrinq Mac::risterial District. UDon the Petition of Church of the HolY S~irit. (Terrv Harrinc::rton. Director of Planninc::r and Zoninc::r) 0-32294-8 ~ ".... 156 March 22, 1994 .Þ a request for a spec1al Mr. Harrington advised that this is use permit to construct a church and that the proposed development is consistent with the development designation of the Comprehensive Plan. He advised ihat the petitioner has agreed to four conditions and that J the Planning Commission recommended approval of the petition with the four conditions. Ed Natt, attorney for the petitioner, expressed his appreciation to the County staff and citizens for their assistance in resolving concerns about the project. William Fralin, attorney representing Robert Diesel, adjoining property owner, advised that Mr. Diesel would support granting the permit if the four conditions are followed. with I Supervisor Minnix moved to adopt the ordinance conditions. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 32294-8 GRANTING A SPECIAL USE PERMIT TO THE CHURCH OF THE HOLY SPIRIT TO ALLOW THE CON- STRUCTION OF A CHoRCH BUILDING TO BE LOCATED AT THE SOUTHWEST INTERSECTION OF MERRIMAN ROAD AND CARTWRIGHT DRIVE (TAX PARCELS 87.17-6-11) CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Trustees of the Church of the Holy Spirit have filed a petition to allow the construction of a church building to be located at the southwest corner of Merriman Road and cartwright Drive in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on II this matter on March 1, 1994; and l, 4 I I ~ March 22, 1994 157 WHEREAS, the Board of Supervisors of Roanoke county, Virginia, held a first reading on this matter on December 14, 1993; the second reading and public hearing on this matter was held on March 22, 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 allow the construction of a church building to be located at the southwest intersection of Merriman Road and Cartwright Drive 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 the Trustees of the Church of the Holy Spirit to allow the construction of a church building located at the southwest intersection of Merriman Road and Cartwright Drive in the Cave Spring Magisterial District, subject to the following conditions: a) Owner/developer is to prepare the site in full accord with the VA Dept. of Forestry and Roanoke County guidelines regarding the protection of existing trees. This tree protection plan will be established during site plan review and put into effect prior to the beginning of preliminary grad- ing. b) The Merriman Road entrance will be the only access to the site. c) Applicant shall be required to connect to public water and sewer service. d) A total of 22 parking spaces, plan nearest rear yard border shown on concept of 5959 Barbara ~ ".... 158 March 22, 1994 Circle, will not be constructed, minimum 40 foot buffer. resulting þ in a On motion of Supervisor Minnix to adopt the ordinance with conditions, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Ordinance Vacatinc::r a 15 foot Public utility Easement on Tax Parcel 94.02-2-21.19. Tract "A". located on Carriac::re Hills Drive in the windsor Hills Mac::risterial District. UDon the Petition of Keith and Diane Custer. (Terry Harrinqton. Director of Planninq and Zoninc::r) 0-32294-9 II Mr. Harrington advised that this easement was created to provide service to the adjoining well lot, and is no longer necessary. When Roanoke County purchased the well lot, the seller had to grant a new 15 foot public utility easement. The petitioners are asking that the easement be vacated. Supervisor Eddy moved to adopt the ordinance. carried by the following recorded vote: The motion AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 32294-9 VACATING A IS-FOOT PUBLIC UTILITY EASEMENT LOCATED ON TAX PARCEL 94.02-2-21.19, TRACT "A", LOCATED ON CARRIAGE HILLS DRIVE, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Keith A. and Diane N. Custer have requested thell Board of Supervisors of Roanoke County, Virginia to vacate a 15-foot l 4 I I ~ March 22, 1994 159 public utility easement located on Tax Parcel 94.02-2-21.19 in the Windsor Hills Magisterial District as shown in Deed Book 1246 at page 1277 of record in the Clerk's Office of the Roanoke County Circuit Court; and, 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 March 8, 1994; and the second reading of this ordinance was held on March 22, 1994. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 15-foo'c public utility easement located on Tax Parcel 94.02-2-21.19 in the Windsor Hills Magisterial District of record in Deed Book 1246 at page 1277, in the Office of the Clerk of the Circui t Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That Keith A. and Diane N. Custer shall record a certi- fied copy of this ordinance with the Clerk of the Circuit Court and ~ ,..- 160 March 22, 1994 þ shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. 4. That as a further condition 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 within the old easement area by Keith A. and Diane N. Custer, their heirs, successors, or assigns. 5. That pursuant to § 15.1-485 of the 1950 Code of Virgin- ia, as amended, the Circuit Court Clerk shall write in plain legible letters across the part of the plat vacated, the word "vacated" and instrument of vacation is recorded. the I also make a reference on the same to the volume and page in which On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h Ordinance Authorizinc::r a SDecial Use Permit to ODerate a Convenience store. Located at the Corner of Route 419 and Brambleton Avenue in the Cave SDrinc::r Kac::risterial District UDon the Petition of Workman oil COmDany. (Terrv Harrington. Director of Planninc::r and Zoninc::r) 0-32294-10 Mr. Harrington advised that this is a request to convert thell Amoco station at Rts. 221 and 419 to a convenience store. There old l 4 I II ~ Märch 22, 1994 161 are no changes being proposed to the existing building or site, and the existing entrances have a grand fathered status under the zoning ordinance. He advised that the Planning Commission recommended approval of the petition. Don Baker, Vice President of Workman Oil Company, was present to answer questions. He advised Supervisor Johnson that gasoline will be sold, and that the company is committed to cleaning up the well contamination problem at the site. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 32294-10 GRANTING A SPECIAL USE PERMIT TO WORKMAN OIL COMPANY TO ALLOW THE OPERATION OF A CONVENIENCE STORE LOCATED AT THE CORNER OF ROUTE 419 AND BRAHBLETON AVENUE (TAX PARCEL 77.13-5-41), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Workman oil Company has filed a petition to allow the operation of a convenience store on property located at the corner of Route 419 and Brambleton Avenue in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a pubiic hearing on this matter on March 1, 1994; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 22, 1994; the second reading and public hearing on this matter was held on March 22, 1994. ....4 "... 162 March 22, 1994 ~ NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that thecgranting of a special use permit to allow the operation of a convenience store on property located at the corner of Route 419 and Brambleton Avenue 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 Permi t to Workman oil Company to allow the operation of a convenience store on property located at the corner of Route 419 and Brambleton Avenue in the Cave Spring Magisterial District. I 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 3.6 Acres from R-l to 1-1 in Order to Correct aZoninc::r MaD Error and Brinc::r an Existinc::r Use into zoninc::r conformity. Located at 8223 Reservoir Road in the Hollins Mac::risterial District (Tax MaD Numbers 27.08-3-1. -2. -3. -4. -5. and -6) Upon the Petition of the Roanoke County Planninc::r commission. ( Terrv Harrinc::rton. Director of Planninq and zoninc::r) Mr. Harrington advised that thi's request II is to correct a 0-32294-11 l ~ I II ~ March 22, 1994 w zoning map error and bring an existing use into zoning conformity. He advised that the owner of the property has requested that this rezoning be done at this time. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 32294-11 TO CHANGE THE ZONING CLASSIFICATION OF A 3.6-ACRE TRACT 'OF REAL ESTATE LOCATED AT 8223 RESERVOIR ROAD (TAX HAP NOS. 27.08-3-1, 2, 3, 4, 5, 6) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-l TO THE ZONING CLASSIFICATION OF I-I UPON THE APPLICATION OF THE ROANOKE COUNTY PLANNING COHHISSION WHEREAS, the first reading of this ordinance was held on February 22, 1994, and the second reading and public hearing were held March 22, 1994; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 1, 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: 1. That the zoning classification of a certain tract of real estate containing 3.6 acres, as described herein, and located at 8223 Reservoir Road (Tax Map Number 27.08-3-1, 2, 3, 4, 5, 6) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-1, Low pensity Residential District to the zoning ~ II"'" 164 March 22, 1994 þ classification of I-I, Industrial District. 2. That this action is taken upon the application of The Roanoke county Planninq commission. 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. 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 Amendinc::r and Reenactinc::r Sections of Article XI. Doc::rs. cats. and Other Animals. of ChaDter 5. Animals and Fowl of the Roanoke County Code to Rec::ruire Licensure of Cats. to Prohibit Unvaccinated Doqs and Cats from Runninc::r at Larqe. to Limit the Number of Cats ~er Dwellinc::r unit. to Provide for a Three Year License Tax for Doc::rs and Cats. to Increase the Board Fee for ImDounded Animals. and to Define certain Acts Committed bY Animals as NUisances and prescribina Penalties Therefore. (John M. Chambliss. Jr. Assistant countYII Administrator) l 4 I II ~ March 22, 1994 165 Mr. Chambliss advised that since the first reading of this ordinance on March 8, 1994, staff has considered comments made by residents and suggestions made by Board members. He recommended that the public hearing be held at this meeting, and that the final document brought back to the Board on April 12, 1994. The following citizens spoke concerning this ordinance: 1. Glenda McConmack, 619 Magnolia Road questioned whether the County could enforce the cat ordinance when it cannot enforce the dog ordinance. 2. Millie Butler, 6932 Campbell Drive - asked for a firm ordinance to address the nuisance issue and did not want a grandfather clause. 3. Judy Pyska, 213 Spring Avenue - President and Founder, Roanoke Valley Animal Foundation - spoke in favor of mandatory spaying and neutering animals. 4. Neil Angle, 3816 Green Valley Drive - advised that he felt the County should not pass an ordinance it could not enforce. 5. Mary Welch, 1836 Maiden Lane, SW - a member of the Animal Overpopulation Task Force, felt that cats and dogs should be licensed and required to wear tags especially due to the threat of rabies. 6. Lela Spitz, 1917 Oak Drive Extension - felt that the County's Animal Control Ordinance needs to be completely redrawn rather than amended, and gave several suggestions for a stronger ordinance. ~ ".. 166 March 22, 1994 Þ the 7. Sally Winter, 6935 Campbell Drive - asked that ordinance include a nuisance provision. During the discussion that followed the citizens' comments, the following suggestions were made to be included in the redrafted ordinance: (1) that the recommendations of Mr. Chambliss and Mr. Hodge in the March 22, 1994 Board Report be included; (2) that a provision be made to allow for emergency situations for non- domesticated animals; (3) that section 5.14 be focused on zoning district or platted subdivision; (4) that humane treatment of animals be broadened; and (5) that the duties of animal control officers be defined. It was the majority opinion of the Board that the running atll large provision be added to the redrafted ordinance. Supervisor Johnson moved to defer action to the April 12, 1994 Board Meeting and for staff to redraft and bring back the ordinance per the Chairman's instructions. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: EXECUTIVE SESSION At 8:35 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia section 2.1-344 A (7) Consultation with Legal Pertaining to (a) Probable Counsel and Briefings by Staff Members Litigation Concerning Drainage or Flooding.1I l 4 I I ~ March 22, 1994 161 The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-32294-12 At 9:05 p.m., Supervisor Johnson moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 32294-12 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was congucted 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 ~ ,..- 168 March 22, 1994 þ meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: ADJOURNMENT At 9:06 p.m., Supervisor Johnson moved to adjourn to 6:00 p.m., AprilS, 1994, for a joint budget work session with the S~hoolll Board and other work sessions. The motion carried by a unan1mous voice vote. Submitted by, Approved by, i: Jly0in ~~l} ~ Brenda J. tHol ton, Deputy Clerk ',:: :~ . . I II l