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HomeMy WebLinkAbout11/30/1993 - Regular ~ I I ~ 775 November 30, 1993 : ;.;,!. . . . t Roanoke county Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 November 30, 1993 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fifth Tuesday, and the second regularly scheduled meeting of the month of November, 1993. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3: 04 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Lee B. Eddy, Supervisors Bob L. Johnson, Edward G. Kohinke, Sr., 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: OPENING CEREMONIES The invocation was given by the Reverend D. Michael ~ JII""" 776 November 30, 1993 Meloy, Windsor Hills Methodist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge requested that Item 3 under New Business be moved to the end of the evening session, and that a personnel matter be added to the Executive Session. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, PRESENTATIONS AND AWARDS ~ ReÐort from the Blue Ridqe Community Services Board (Henry Sullivan. BRCS Board Member) The report was presented by Henry Sullivan who advised that $79,332 provided by Roanoke County was matched with federal and state money to provide $1,539,773 in total funding for Roanoke County citizens. Faye,Markham, a County recipient of the services, described the various services that BRCS provided for her. IN RE: NEW BUSINESS ~ for AÐÐroval of ProÐosed Leaislative (Paul M. Mahoney. County Attorney) Reauest Proqram. R-113093-1 Mr. Mahoney reported that on June 22, 1993, the Board identified major legislative issues for consideration by the ~ ~ I I ~ ~ 777 November 30, 1993 I Virginia Association of Counties. Additionally, individual Board members have requested that other issues receive legislative action. by the General Assembly. He advised that the various issues such as Explore, law enforcement, education, etc. had been separated in the proposed program. Several Board members suggested changes t? the proposed legislative requests and questioned whether to express support for VACO's legislative program until they could review it. Chairman Minnix suggested that the individual Board members meet with Mr. Mahoney to discuss their suggested changes. Supervisor Nickens moved to approve the legislative program with changes agreed to by the Board members. He accepted an amendment by Supervisor Minnix expressing support for the VACo legislative program "in spirit" only. Supervisor Eddy made a substitute motion to postpone action until December 14, 1993 when the documents from VACo requests may be available. The motion was defeated by the following recorded vote: AYES: Supervisors KOhinke, Eddy NAYS: Supervisors Johnson, Nickens, Minnix Supervisor Nickens' motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None I The Board members agreed to set the legislative meeting for January 3, 1994, following the organizational meeting. ~ JII""" 778 November 30, 1993 RESOLUTION 113093-1 ADOPTING A LEGISLATIVE PROGRAM FOR THE 1994 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, on June 22, 1993, the Board of Supervisors of Roanoke County, Virginia, identified major legislative issues of state-wide concern to be considered by the 1994 session of the Virginia General Assembly; and WHEREAS, the Board has recommended these issues to its state-wide organization, the Virginia Association of Counties, for consideration in the adoption of its legislative program; and WHEREAS, the Board hereby supports in spirit the legislative program adopted by the Virginia Association of Counties; and WHEREAS, the Board adopts this resolution as the Legislative Program of Roanoke County for the 1994 session of the Virginia General Assembly. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted to the 1994 session of the Virginia General Assembly for its favorable consideration and adoption. I INCLUDE $2,395,100 IN THE 1994-96 BIENNIUM APPROPRIATION ACT FOR PERSONNEL AND OPERATING EXPENSES FOR THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY, A POLITICAL SUBDIVISION OF THE COMMONWEALTH OF VIRGINIA. ~ ~ I I ~ I I ~ November 30, 1993 779 These funds would be used solely to operate Virginia's Explore Park, a 1300-acre outdoor living history museum' and environmental conservation and outdoor recreation reserve on the Roanoke River adjoining the Blue Ridge Parkway in Roanoke and Bedford Counties. This appropriation would enable the Authority to open Explore Park to the public on a year-round, five-day a week basis after eight years of planning and development that included land acquisition with a 1988 appropriation of $6 million of state general funds. Park development will continue to be funded from grants from federal, state, local, and private partners. The appropriation requested for fiscal year 1994-95 is $1,098,300; and the appropriation requested for fiscal year 1995- 96 is $1,296,800. II A. Law Enforcement. The County urges the General Assembly to restore funding for the H.B. 599 Program (state aid to localities with police departments). B. Education. Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to enhance funding for public education, including increasing the funds available to the Literary Fund for local school capital construction or renovation projects. At a minimum the General Assembly should fully fund the Literary Fund in the amount of $100 million for FY 1994-95. ¡, ~ JII""" 7 8 0 ~. .' ··~i" November 30, 1993 Local school divisions should be authorized to establish opening dates for school. The County requests the General Assembly to approve an amendment to the Roanoke County Charter providing for the popular election of school board. C. Public Investment in Information. The County urges the General Assembly to closely monitor the findings and o recommendations of the Council on Information Management pursuant to Senate Joint Resolution 238 with respect to amendments to the Virginia Freedom of Information Act, the Virginia Privacy Protection Act, the Virginia Public Records Act, and the Intellectual Property Act so as to protect the taxpayers' invest- ment in the collection, development, storage and maintenance of public records. This taxpayer investment is of critical importance with respect to the County's development of its GIS system. The General Assembly should adopt legislation to allow its local governments to recover the actual costs of developing such computerized information and public records information systems. D. Recvclinq. Roanoke County is a leader in the development of a local recycling program; however, such programs in conjunction with the Commonwealth's recycling goals adversely affect the County's finances. Since the County is losing money recycling, the County urges the General Assembly to either waive its recycling requirements (25% for 1995) or to guarantee market prices to local governments for recyclable materials. .... ~ I I 4 I I ~ November 30, 1993 781 E. social services. The County urges the General Assembly to continue and to increase administrative funding for the support and implementation of the Comprehensive Services Act. Further, the County urges the General Assembly to closely monitor the findings and recommendations of the task force created by House Joint Resolution No. 603 concerning the proposed restructuring of Virginia's long-term care system for the elderly. F. Public Libraries. The County urges the General Assembly to provide full funding of state aid for public libraries. Currently, public libraries receive only 77% of the state funds required under the formula prescribed in § 42.1-48 of the Code of Virginia. Full funding of the state aid to public libraries would result in an increase of $40,000 to Roanoke County. G. PaYment of Taxes. Upon the request of: the' Treasurer of Roanoke County, the General Assembly is urged to amend § 58.1-3013 to require credit card companies to honor local ordinances authorizing the paYment of local taxes by credit card and imposing a service charge not to exceed 4% of the amount due. H. Drunk Drivinq. The County urges the General Assembly to increase the penal ties for DUI violations and to improve and toughen enforcement of the DUI statutes. I. Equal Taxation and Borrowinq Powers. The County urges the General Assembly to adopt legislation equalizing the taxi~g and borrowing powers of counties with those powers granted ~ JII""" 782 November 30, 1993 to municipalities. J. Unfunded Mandates. The County supports the reduction of unfunded regulatory and statutory mandates and opposes any state mandates on local governments without sufficient funding to cover the costs of those mandates. K. Annexation. The County urges the General Assembly to continue the moratorium on any city-initiated annexation and any city annexation initiated by citlzens of counties. L. Growth Manaqement. The County petitions the General Assembly to grant local governments in the Commonwealth þ the authority to adopt growth management ordinances including the power to impose impact fees, ordinances to impose aesthetic and I design criteria considerations for the protection of historic and natural resources (like ~he Blue Ridge Parkway), to restrict the authority of the courts to overrule local land use decisions, and to allow reasonable procedures and time periods for the amortization of non-conforming signs. M. Container Deposit. The County urges the General Assembly to adopt legislation establishing a deposit on beverage containers. N. Lotterv Proceeds. The County petitions the General Assembly to return a portion of the lottery proceeds to local governments as originally intended. o. Animal Control. The County urges the General Assembly to adopt enabling legislation to control the breeding of dogs and cats. A critical pet over-population problem exists in l I 4 I I ~ November 30, 1993 7"83 the Commonwealth of Virginia because of accidental and deliberate breeding of dogs and cats leaving too many animals without good homes and suffering because of lack of adequate shelter, food, and veterinary care. A reduction in the number of stray dogs and cats in our local communi ties will lessen the burden on local governments and save tax dollars. III That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to the members of the General Assembly representing the Roanoke Valley, to the Clerk's of the House of Delegates and the Senate of the General Assembly, and to the Town Council of the Town of Vinton, City Councils of the City of Salem and the city of Roanoke, and the Boards of Supervisors of the Counties of Bedford, Botetourt, Craig, Floyd, Franklin, and Montgomery counties. On motion of Supervisor Nickens to approve the legislative program with changes and amendments requested by Supervisors Minnix regarding the VACo legislative program, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None .L. Reauest to SUÐÐort the Establishment of an Institute of Government for Virqinia (Elmer c. Hodae. County Administrator) R-113093-2 ~ JII""" 784 November 30, 1993 Mr. Hodge reported that the Virginia Local Government Managers Association (VLGMA) approved a proposal to create an institute of government for Virginia that would expand technical assistance and training opportunities for government officials. Several government professional organizations have endorsed pursuing funding for the institute from the General Assembly. Mr. Hodge requested that the Board adopt a resolution endorsing the creation by the General Assembly of a legislati ve study committee. Supervisor Kohinke moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 113093-2 SUPPORTING A GENERAL ASSEMBLY STUDY OF AN INSTITUTE OF GOVERNMENT FOR VIRGINIA WHEREAS, the Virginia Local Government Managers Association established a committee to study the need for an institute of government for Virginia; and WHEREAS, the committee determined that there was a need for specialized training and technical assistance for local government officials; and WHEREAS, In June 1993, VLGMA approved a proposal to create an institute of government for Virginia that would expand training opportunities, and requested that the 1994 General Assembly create a legislative study committee to make a recommendation on the proposal; and WHEREAS, the Virginia Municipal League, the Virginia .... Association of Counties and the Virginia Local Government þ I I ~ I I ~ 785 November 30, 1993 Attorney's Association supports a study of an Institute of Government for Virginia. THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia supports efforts of local government officials to become better trained, and requests that the General Assembly establish a legislative study committee to investigate and make a recommendation on an institute of Government fOL Virginia. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Reauest for Additional Fundina for the DeÐartment of General Services. (Don C. Myers. Assistant Administrator) This item was moved to the evening session and was then withdrawn during the evening session. IN RE: REQUESTS FOR WORK SESSIONS Supervisor Nickens requested work sessions on: (1) an open burning ordinance; (2) the comprehensive plan for fire and rescue; (3) the affordable housing report; (4) the proposed vehicle replacement policy to include fire and rescue, and evaluation of existing and needed equipment; and (5) the proposed facilities use policy. Mr. Hodge will scheduled the work ~ JI"'" 786 November 30, 1993 sessions. IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first reading and set the public hearings for December 14, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ An Ordinance Authorizina a Special Use Permit to Operate a Car Wash. Located at the Northeast Corner of Williamson Road and Clubhouse Drive. Hollins Haaisterial Di~trict. Upon the Petition of Fast Break Food Marts. Inc. ~ An Ordinance Authorizincr a S"ecial Use Permit; t;o Operate Carry-out and Delivery Service. Located at 3109 Brambleton Avenue. Windsor Hills Maaisterial District. Upon the Petition of Papa John's Pizza. ~ An Ordinance Authorizina a Special Use Permit to operate a Used Car Lot. Located at 7410 SunnYbrook Drive. Hollins Maaisterial District. Upon the Petition of Kidd Auto Sales. IN RE: FIRST READING OF ORDINANCES ~ Ordinance Amendina and Reenactina section 12-34. .... þ I I ~ I I ~ 787 November 30, 1993 Display of Decal GenerallY. of Article II. County Vehicle License. and section 12-55. parking Tickets GenerallY. of Article II. Parkina. of Chapter 12 of the Roanoke County Code to Facilitate Enforcement of County Vehicle Decal Reauirement by parkina Tickets. (Joseph Obenshain. Sr. Assistant County Attorney) Mr. Mahoney advised that these amendmen'cs will permit citizens to pay parking tickets or vehicle decal violations in the same manner as, other parking violations. It adopts a uniform fine of $25.00 for vehicle decal violations. However, the ticket cannot be paid until the decal license is obtained after paYment of personal property taxes. In response to a question from Supervisor Nickens, he advised that his office is working on a draft ordinance for a uniform color decal for all Roanoke Valley localities. Supervisor Nickens moved to approve the first reading and set the second reading for December 14, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES ~ Ordinance Declarina the Pinkard Court Recreation Center as Surplus Property and Authorizina Donation of the Facility to Total Action Aaainst ~ JII""" 788 November 30, 1993 ~ l Poverty. (Terry Harrinaton. Plannina , Zoninq Director) (CONTINUED FROM NOVEMBER 16. 1993) Supervisor Johnson moved to adopt the ordinance. There was no vote. The Board members raised several questions regarding the cost to the County for the environmental study, and whether other human service agencies have been contacted regarding the donation. Supervisor Nic}:ens made a substi tute motion to table until all issues and concerns are resolved including the environmental study. The motion carried by the following recorded vote: AYES: Supervisors KOhinke, Eddy, Nickens NAYS: Supervisors Johnson, Minnix IN RE: CONSENT AGENDA R-113093-3 Supervisor Kohinke moved to approve the Consent Agenda after discussion and amendments to Item 1. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 113093-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of I I ~ I I ~ 789 November 30; 1993 Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for November 30, 1993, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to, each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Approval of Amendments to the Bingo and Raffle Application and the Financial Report. 2. Approval of Raffle Permit for Herman L. Horn Elementary S.C.A. 3. Acceptance Facilities Church. of Water and Serving st. Sanitary Sewer Paul's Lutheran 4. Confirmation of Committee Appointments to the Blue Ridge Community Services Board, the Grievance Panel, the Library Board, the Planning Commission and the Roanoke Valley Resource Authority. 5. Acceptance of Golden Court and the Extension of Setter Road into the Virginia Department of Transportation Secondary System. 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 Kohinke to adopt the resolution after discussion and amendments to Item 1, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ JII""" 790 November 30, 1993 þ RESOLUTION 113093-3.e REQUESTING ACCEPTANCE OF GOLDEN COURT AND THE EXTENSION OF SETTER ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets II described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to section 33.111-229, Code of Virginia, and the Department' s Subdivision Street Requirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Kohinke I Seconded By: Not Reauired l ""II1II ~ November 30, 1993 7 9 1 Yeas: Minnix Nays: Supervisors Johnson. Kohinke. Eddv. Nickens. None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor KOhinke: Reported that he held community meeting with the residents in the Fort Lewis and Dixie Caverns area. He thanked Don Myers and other County staff for attending. Supervisor Eddy: (1) He asked for a report on the leaf collection process, especially by private vendors. General Services Director Gardner Smith advised that all bagged leaves I are collected every week. The only complaint on private vendors collecting unbagged leaves has been regarding the cost. (2) He I asked why a consultant had been hired by the regionalization committee. Mr. Hodge advised that the group needed a consultant to gather data to report back. He will study water, sewer, etc. and recommend what will be "do-able". (3) He has received phone calls regarding the use of prisoners for park maintenance. He· has talked with Sheriff Holt and felt the project was safe. He suggested a public information program to advise the public that the program was safe. (4) Regarding signs in public right of way, he has been advised that the law now excludes political signs. He asked for Board consensus for the staff to investigate realtors placing signs in the right-of-way, and to bring back a report. There was no consensus from the Board on pursuing this issue. (5) He reminded everyone about the investiture ceremony. ~ JI"'" 792 November 30, 1993 Supervisor Nickens: He announced that the Bushdale Road ribbon cutting had been postponed. Supervisor Johnson: (1) He asked that the staff come to the Community Room as early as possible on Board meeting days. (2) He asked that a policy governing Board members be added to Retreat. Supervisor Minnix: (2) He asked for discussion on the date for the Board Retreat. The decision was made to set the Board Retreat for Friday, January 7 at the Explore Park. (2) He expressed appreciation to all who were involved in the move to the new Roanoke County Administration Center. There was Board discussion on the additional holidays of December 23rd and December 30th declared by the Governor for state employees. Mr. Hodge advised that several Board members suggested that the County offices that directly serve the pUblic stay open those two days. Following discussion, there was a consensus from the Board members that the offices remain closed on December 23rd and December 30th. IN RE: REPORTS þ I Supervisor Nickens moved to receive and file the following reports after discussion of Item 4. The motion carried by a unanimous voice vote. ~ General Fund UnaÞÞropriated Balance II .L. Capital Fund Unappropriated Balance ~ ~ I I ~ November 30, 1993 793 h Board Continaencv Fund ~ Report on Bond proiects ~ Report on the 1991 Water proiect h Report on the Roanoke ValleY Resource Authority Solid Waste Facilities. IN RE: EXECUTIVE SESSION At 4: 59 p.m., Supervisor Kohinke moved to go into / Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (5) Discussion concerning a prospective business or industry where no previous announcement has been made of the business or industry's interest in locating in the community, and (1) Discussion of a personnel matter. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IHRE: CERTIFICATION OF EXECUTIVE SESSION R-113093-4 At 7: 05 p.m., Supervisor Johnson moved to return to Open Session and approve the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 113093-4 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF' VIRGINIA ...i JII""" 7 9 4 ;1 November 30, 1993 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 eXE'cuti ve meeting which this certification resolution applie~, 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: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None IN.RE: EVENING SESSION (7:05 P.M.) l ~ I I ~ I I ~ 79'5 November 30, 1993 Chairman Minnix reconvened the meeting and introduced the members of Boy Scout Troop 209 and Boy Scout Troop 236. IN RE: PUBLIC HEARING ~ Public Hearina on Boundary Line Ad;ustment Between the city of Salem and the County of Roanoke. (Paul M. Mahonev. county Attorney) There were no citizens present to speak and no discussion. Supervisor Kohinke moved to ratify and confirm the previous action adopting the resolution on September 28, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES ~ Ordinance Vacatina a 20 Foot wide Alley Recorded in Plat Book 4. Page 55. Section 1. Melody Acres. Located in the windsor Hills Haaisterial District. (Arnold Covey. Director of Enaineerina , Inspections) 0-113093-5 There was no discussion and no citizens spoke. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix ~ JII""" 796 November 30, 1993 NAYS: None ORDINANCE 113093-5 VACATING AND CLOSING AN UNIMPROVED 20' X 150' ALLEY LOCATED IN SECTION 1 OF MELODY ACRES SUBDIVISION (PB 4, PAGE 55), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, William Taylor, Jr., the petitioner, has requested the Board of Supervisors of Roanoke County, Virginia to vacate and close an unimproved 20' x 150' alley located in Melody Acres Subdivision (PB 4, Page 55 in the Office of the Clerk of the Circuit Court of Roanoke County); 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 November 16, 1993; and the pUblic hearing and second reading of this ordinance was held on November 30, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved 20' x 150' alley located east of Lot 4, Block 1, in Melody Acres Subdivision and dedicated to Roanoke County by plat of Melody Acres Subdivision found in Plat Book 4 at page 55 in the Office of the Clerk of the Circuit Court of Roanoke County, be, and hereby is, vacated pursuant to section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That as a condition of the adoption of this ordi- ~ þ I I 4 ~ 79} November 30, 1993 I I nance, the County reserves and retains a property interest within the twenty (20) foot right-of-way for use as a public utility and water line easement; 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 the Department of Engineering and Inspections shall record a certified copy of this ordinance with the Clerk of the Circuit Court and petitioner, william Taylor, Jr., shall pay all fees required to accomplish this transaction. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eèdy, Nickens, Minnix NAYS: None .L. Ordinance Vacatina an Unimproved Dedicated strip of Land Referred to as Dallas Road. Located in the otterview Gardens Subdivision and Recorded in Plat Book 54. paae 52. Located in the Hollins Maaisterial District. (Arnold Covey. Director of Enaineerina , Inspections) 0-113093-6 There was no discussion and no citizens spoke. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: ~ JII""" 798 November 30, 1993 ~ l AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 113093-6 VACATING AND CLOSING AN UNIMPROVED RIGHT-OF-WAY REFERRED TO AS DALLAS ROAD LOCATED IN THE OTTERVIEW GARDENS SUBDIVISION (PB 54, PAGE 52), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Frank B. and Frances G. Mayorshi, the peti- tioners, have requested the Board of Supervisors of Roanoke County, Virginia to vacate and close an unimproved right-of-way located in otterview Gardens Subdivision (PB 54, Page 52 in the Office of the Clerk of the Circuit Court of Roanoke County); 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 November 16, 1993; and the pUblic hearing and second reading of this ordinance was held on November 30, 1993. BE IT ORDAINED by the Board of súpervisors of Roanoke County, Virginia, as follows: 1. That an unimproved variable-width right-of-way approximately 350 feet in length located in Otterview Gardens Subdivision between Tax Map Parcels 27.05-5-2 and 27.05-4-18 and dedicated to Roanoke County by plat of Otterview Gardens Subdivi- I I ~ I I ~ 799 November 30, 1993 sion found in Plat Book 54 at page 52 in the Office of the Clerk of the Circui t Court of Roanoke County, be, and hereby is, vacated pursuant to section 15.1-482 (b) of the 1950 Code of Virginia, as amended; and, 2. That as a condition of the adoption of this ordi- nance, the County reserves and retains a property interest within the variable-width right-of-way for possible use as a public utility easement; 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 the Department of Engineering and Inspections shall record a certified copy of this ordinance with the Clerk of the Circuit Court and Petitioners shall pay all fees required to accomplish this transaction. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Ordinance Authorizina a Special Use Permit to EXÐand an Existina Mobile Home Park. Located at 1000 Mattie Drive. Hollins Maaisterial District. Upon the Petition of Carolina Mobile Home Park. (Terry Harrinaton. Plannina & Zonina Director) ~ ~ JII""" 800 21 November 30, 1993 ~ ~ 0-113093-7 Mr. Harrington reported that the petitioner is propos- ing sixteen new spaces for his mobile home park. The site is located in a Neighborhood Conservation area and the expansion will comply with all the use and design standards for manufac- tured home parks in the 1992 zoning ordinance. The existing park is located along Mattie Drive a private street accessing the park. Jerry Altieri, the petitioner, was present to answer questions. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 113093-7 GRANTING A SPECIAL USE PERMIT TO CAROLINA MOBILE HOME PARK TO ALLOW THE EXPANSION OF AN EXISTING MOBILE HOME PARK LOCATED AT 1000 MATTIE DRIVE (TAX PARCEL 39.20-1-15) HOLLINS MAGISTERIAL DISTRICT WHEREAS, the owner of the Carolina Mobile Home Park has filed a petition to allow the expansion of an existing mobile home park located at 1000 Mattie Drive in the Hollins Magisterial District; and WHEREAS, the Planning commission held a public hearing on this matter on November 1, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 26, 1993; the second reading and public hearing on this matter, was I I 4 I I ~ fLO 1 November 30, 1993 held on November 30, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of Supervi- sors of Roanoke County, virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the expansion of an mobile home park located at 1000 Mattie Drive in the Hollins Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to the owner of the Carolina Mobile Home Park to allow the expansion of an existing mobile home park located at 1000 Mattie Drive in the Hollins Magisterial District. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix. NAYS: None .L. Ordinance Rezonina from R-1 to C-2 and Authorizinq a Special Use Permit to Operate a Used Automobile Dealership. on 0.85 Acre. Located on the South Side of Peters Creek Road. West of the North Park Office Complex. Hollins Maaisterial District. Upon the Petition of William L. Hite. (Terrv Harrinaton. Plannina , zonina'Director) 0-113093-8 ".~. ." ____c , , ~ JII""" 802 ~ November 30, 1993 Mr. Harrington reported that the petitioner has prof- fered that the existing historically significant single family residence known as the Gray House shall remain. The proposed development conforms with the Core designation of the Comprehen- sive Plan because it is a retail use. Mr. Harrington advised that following the Planning commission Public Hearing on septem- ber 7, the petitioners met with staff and members of the Roanoke valley Preservation Foundation. Proff~rs were offered by the petitioner that would protect the visibility of the Gray House. Mr. Hite was present to answer questions. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 113093-8 TO CHANGE THE ZONING CLASSIFICATION OF A 0 . 85 ACRE TRACT OF REAL ESTATE LOCATED ON THE· SOUTH SIDE OF PETERS CREEK ROAD WEST OF THE NORTH PARK OFFICE COMPLEX (PART OF TAX MAP NOS. 27~17-2-10 AND 27.14-2-11) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R- 1 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS AND APPROVING A SPECIAL USE PERMIT TO OPERATE A USED AUTOMOBILE DEALERSHIP UPON THE APPLICATION OF WILLIAM L. HITE WHEREAS, the first reading of this ordinance was held on August 24" 1993, and the second reading and pUblic hearing were held November 30, 1993; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 7, 1993; and, l þ I I 4 I I ~ 803 November 30, 1993 WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 0.85 acre, as described herein, and located on the south side of Peters Creek Road, (Part of Tax Map Numbers 27.14-2-10 and 27.14-2-11) in the Hollins Magisterial District, is hereby changed from the zoning classification of R- 1, Low Density Residential District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of William L. Hite. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (l) No major automobile repair services (engine, transmission, or body and fender repairs) will be performed. (2) No vehicle which is missing major mechanical or body parts, or has been substantially damaged will be stored on the exterior of the building. (3) No building shall be constructed within the view triangle shown in metes and bounds on the attached drawing labeled Attachment A, dated November 15, 1993. (4) The building constructed on the property shall have a pitched roof and shall not exceed 1 story or 30 feet, whichever is less. 4. That said real estate is more fully described as follows: ~ JII""" 804 ."~ November 30, 1993 þ ~ That portion of Tax Map Nos. 27.14-2-10 and 27.14- 2-11 extending 225 feet south from Peters Creek Road and consisting of approximately 0.85 acre as more particularly shown on the Conceptual si te Plan prepared by Jones and Jones dated 15 November 1993. 5. That a Special Use permi t is hereby granted to operate a used automobile dealership on the property identified in paragraph 4 above in accordance with section 30-19 and 30-54-2 (B) of the Roanoke County Zoning Ordinance. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: OTHER BUSINESS ~ Reauest for Additional Fundina for the Department of General Services. (Don C. Mvers. Assistant Administrator) continued from the afternoon session) Action on this item was continued for further study. I I ~ 805 ~ November 30, 1993 INRE: ADJOURNMENT At 7:29 p.m., Supervisor Johnson moved to adjourn. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ! j ((J¡p:¡;; 1 d· . H. 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