12/14/1993 - Regular
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December 14, 1993
806
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Roanoke Cou~ty Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
December 14, 1993
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
II . second Tuesday, and the only regularly scheduled meeting of the month
of December, 1993.
III RE:
CALL TO ORDER
Chairman Minnix called the meeting to order at 3: 05 p.m.
The roll call was taken.
MEMBERS PRESEBT:
Chairman H. Odell "Fuzzy" Minnix, Vice Chairman
Lee B. Eddy, Supervisors Bob L. Johnson, Edward G.
Kohinke, Sr., Harry C. Nickens
MEMBERS ABSEBT:
None
STAFF PRESEBT:
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
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III RE:
OPEIIIIIG CEREKOIIIES
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December 14, 1993
The invocation was given by the Reverend John Hartwig, Good
Shepherd Lutheran Church. The Pledge of Allegiance was recited by all
present.
III RE:
REQUESTS TO POSTPOBE, ADD TO, OR CHABGE THE ORDER OF AGEBDA
ITEMS
Supervisor Eddy advised that he had received a citizen's
written request to extend the time for the public hearing on the
School Board amendment at the evening session because of a PTA
meeting.
After discussion, Chairman Minnix ruled that the public
hearing time could be extended if it was necessary.
Supervisor Johnson questioned whether the issue of alcòholic
beverages at County parks and recreation events was on the agenda. II
Mr. Hodge advised that his recent memorandum asked for comments from
each Board member and the subject was not on the agenda.
Supervisor Kohinke requested that the personnel item for
Executive Session be deleted, and that the topic be discussed at the
upcoming Board planning retreat.
III RE:
PROCLAMATIOIIS, RESOLUTIOIIS, RECOGIIITIOIIS, AND AWARDS
h Resolution of ApÞrèciation to Dana -.·Ski~" Lord for his
Contributions to the SÞrina Hollow Reservoir.
R-121493-1
Chairman Minnix presented the resolution to Mr. Lord.
Supervisor Nickens moved to adopt the resolution.
motion carried by the following recorded vote:
The I
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December 14, 1993
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AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTIOII 121493-1 OF APPRECIATIOII TO DAlIA "SKIP" LORD
FOR HIS COBTRIBUTIOIIS TO THE SPRIIIG HOLLOW RESERVOIR
WHEREAS, Roanoke County is in the process of constructing
Spring Hollow Reservoir, which will provide a water supply for County
residents into the 21st century: and
WHEREAS, the dam for the reservoir, which is now finished,
is constructed of roller compacted concrete, and is the largest of its
type on the East Coast; and
WHEREAS, the contractors for the dam portion of the project
have been PCL civil Constructors, Inc., from Tempe, Arizona: and
WHEREAS, PCL began work on the project in November, 1991,
and have completed it within budget and on time, under the leadership
of Dana "Skip" Lord, who has overseen the work and directed the
construction: and
WHEREAS, Mr. Lord's work has been outstanding and invaluable
to the project, providing the citizens of Roanoke County with a
valuable and necessary asset for the future.
NOW, THEREFORE,
BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, does hereby extend its
deepest appreciation to DANA "SKIP" LORD of PCL civil Constructors,
Inc. for his excellent work and contribution to the citizens of the
County of Roanoke.
On motion of Supervisor Nickens to adopt the resolution, and
carried by the following recorded vote:
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December 14, 1993
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AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
III RE:
BEW BUSIBESS
h Reauest for AÞÞroval of Resolution and Bond Document to
Take A4vantaae of Virainia Public School Authoritv
Refundina and ADÞroÞriatina the savinas of $47.061 to
Schools. (Diane Hvatt. Director of Finance)
R-121493-2
Ms. Hyatt advised that in June, 1993, the VPSA refunded a
number of its outstanding issues and agreed to distribute the savings
to Roanoke County and other localities. The savings will be a lump II
sum payment of $47,061, and VPSA is requesting that the savings be
used for capital projects for public schools.
The School Board has
asked
to use this money for handicapped elevator access in the
elementary schools.
She requested that the Board approve the
resolution and accompanying bond document, and appropriate the saving
of $47,061 to be used for elevator lifts in the elementary schools.
Supervisor Nickens moved to adopt the resolution and approve
the appropriation. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTIOII 121493-2 AUTBORIZIIIG THE ISSUABCE OF $3,650,000
GEBERAL OBLIGATIOII SCHOOL BOIID, REFUBDIIIG SERIES 1994 A OF
THE COUBTY OF ROABOKE, VIRGIIIIA, TO BE ISSUED III EXC1IA1fGE II
FOR All AGGREGATE LIKE PRIIICIPAL AKOUBT OF CERTAIII
OUTSTANDIIIG BOIIDS OF THE COUBTY OF ROABOKE, VIRGIIIIA, HELD,
AND A LUMP SUM CASH PAYKEBT TO BE MADE, BY THE VIRGIIIIA
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December 14. 1993
PUBLIC SCHOOL AUTHORITY, AND SETTIIIG FORTH THE FORK ABD
DETAILS OF SUCH REFUBDIIIG BOIID.
WHEREAS, the Board of Supervisors (the "Board") of the
County of Roanoke, Virginia ("County") has received a written offer
dated October 29, 1993 from the Virginia Public School Authority (the
"Authority") to exchange certain outstanding general obligation school
bonds of the County held by the Authority for (i) an aggregate like
principal amount of noncallable bonds of the same tenor and (ii) a
lump sum cash payment, and the Board has determined to accept such
offer and to issue its general obligation school refunding bond in
exchange for an aggregate like principal amount of certain outstanding
bonds of the County held, and a lump sum payment to be made, by the
Authority;
IIOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUBTY OF ROAIIOKE, VIRGIIIIA:
1. Authorization of the Refundina Bond. The Board hereby
determines that it is advisable to issue its refunding bond in the
amount of $3,650,000 (The "Refunding Bond") for the purpose of
refunding an aggregate like principal amount of outstanding general
obligation school bonds of the County the principal terms of which are
set forth in Exhibit A (the "Refunded Bonds"). The issuance of the
Refunding Bond in exchange for the Refunded Bonds and a lump sum cash
payment upon the terms established pursuant to this Resolution is
hereby authorized.
2. Details of the Bonds. The Refunding Bond shall have
the principal provisions set forth in, and shall be issued as a
single, typewritten bond substantially in the form attached hereto as,
Exhibit C. On twenty (20) days written notice from. the Authority, the
County shall deliver, at its expense, the Refunding Bond in marketable
form in denominations of $5,000 and whole multiples thereof, as
requested by the Authority, in exchange for the typewritten Refunding
Bond.
3. Payment: pavina Aaent and bond Reaistrar. The
following provisions shall apply to the Refunding Bond:
(a) For as long as the Authority is the registered
owner of the Refunding Bond, all payments of principal of, premium, if
any, and interest on the Refunding Bond shall be made in immediately
available funds to the Authority at, or before 11:00 a.m. on the
applicable Interest Payment Date, Principal Payment Date or date fixed
for prepayment or redemption, if applicable, or if such date is not a
business day for Virginia banks or for the Commonwealth of Virginia,
then at or before 11:00 a.m. on the business day next preceding such
Interest Payment Date, Principal Payment Date or date fixed for
prepayment or redemption, if applicable.
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December 14, 1993 ~
(b) All overdue payments of principal or interest
shall bear interest at the applicable interest rate or rates on the
Refunding Bond.
(c) Crestar Bank, Richmond, Virginia, is designated as
Bond Registrar and Paying Agent for the Refunding Bond.
4. Execution of the Bonds. The Chairman or Vice-Chairman
and the Clerk or any Deputy Clerk of the Board are authorized and
directed to execute and deliver the Refunding Bond in the principal
amount of $3,650,000 and to affix the seal of the County thereto.
5. Pledae of Full Faith and Credit. For the prompt
payment of the principal of and interest on the Refunding Bond
authorized by this Resolution as the same shall beccme due, the full
faith and credit of the County are hereby irrevocably pledged, and
each year while the Refunding Bond shall be outstanding there shall be
levied and collected in accordance with law an annual ad valorem tax
upon all taxable property in the county subj ect to local taxation
sufficient in amount to provide for the payment of the principal of
and the interest on the Refunding Bond as such principal and interest
shall become due, which tax shall be without limitation as to rate or
amount and in addition to all O. ther taxes authorized to be levied in II
the County to the extent other funds of the county are not lawfully
available and appropriated for such purpose.
6. Tax Covenant. The County covenants to take all action,
and to refrain from taking any action, necessary under the Internal
Revenue Code of 1986, as amended, to ensure that interest on the
Refunding Bond will remain excludable from gross income for Federal
income tax purposes to the same extent as it is excludable on the date
of issue thereof.
7. Certificate. The appropriate officers and agents of
the County are hereby authorized and directed to execute and deliver
the Certificate substantially in the form attached hereto as Exhibit
D, Including the Form 8038-G appended thereto.
8. Exchanae of the Bonds. It is determined to be in the
best interest of the County to issue the Refunding Bond to the
Authority in exchange for the Refunded Bonds and the lump sum cash
payment set forth in Exhibit B. The appropriate officers of the County
are hereby authorized and directed to exchange the Refunding Bond with
the Authority for the Refunded Bonds and the Lump sum cash payment.
The Board hereby determines that it is in the best interest of the
County to authorize and direct the County Director of Finance to_
participate in the state Non-Arbitrage Program in connection with the
expenditure of the lump sum cash payment. . II
9. Certification and Filing. The Clerk of the Board is
hereby authorized and directed to file the certified copy of this
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December 14, 1993
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Resolution with the circuit Court of the County.
10. Further Actions. Each supervisor and all other
officers, employees and agents of the County are authorized to take
such action as they or anyone of them may consider necessary or
desirable in connection with the issuance and exchange of the
Refunding Bond for the Refunded Bonds and the lump sum cash payment
and to accept and comply with the terms of the offer of the Authority.
11. Effective Date.
immediately.
This Resolution shall take effect
On motion of Supervisor Nickens to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
h
Reauest from Industrial DeveloÞment Authoritv for
Resolution AÞÞrovina Issuance of Refinancina Bonds for
C&B Associates.
(Timothv W. Gubala. Director of
Economic DeveloÞment)
R-121493-3
Mr. Gubala advised that the IDA met yesterday and approved
the issuance of the bonds.
Supervisor Johnson asked that the Chairman allow Mr. Hall, a
citizen who contacted him recently with questions on this item, to
speak to the Board. Chairman Minnix granted permission.
Mr. Hall asked several questions about IDA bonds and the
procedures for qualifying since he is a property owner in Roanoke
County.
Supervisor Nickens requested that staff meet with Mr. Hall
and provide him with full information.
Supervisor Eddy moved to adopt the resolution.
The motion
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December 14, 1993
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carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTIOII 121493-3 APPROVIIIG ISSUABCE OF BOIIDS
IIIDUSTRIAL DEVELOPKEBT AUTHORITY OF ROABOKE
VIRGIIIIA, FOR THE BEBEFIT OF C & B ASSOCIATES
BY THE
COUBTY,
WHEREAS, the Industrial Development Authori ty of Roanoke
County, Virginia (the "Authority") has considered the request of C &
B Associates, a virginia general partnership (the "Company") for the
issuance of the Authority's Industrial Development Revenue Refunding
Bonds in an amount not to exceed $3,250,000 (the "Bonds") to assist in
the refinancing of the Company's 196 room motel facility,
WHEREAS, the owner of the Project is the Company; and
commonly
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known as Holiday Inn - Tanglewood (the "Project"); and
WHEREAS, the Project is located at 4468 Starkey Road in
Roanoke County, virginia; and
WHEREAS, the Authority held a public hearing on such
application on December 13, 1993; and
WHEREAS,
the Authori ty has requested the Board of
Supervisors of Roanoke County, Virginia (the "Board of Supervisors")
to approve the issuance of the Bonds to comply with section 147(f) of
the Internal Revenue Code of 1986, as amended (the "Code"), which
provides that the governmental units having jurisdiction over the
issuer of private activity bonds and over the area in which any
facility financed with the proceeds of the private activity bonds iSI
located must approve the issuance of the Bonds, and the Bonds will not
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December 14, 1993
be "bank qualified" obligations since they cannot be designated as
"qualified tax-exempt obligations" under section 265 (b) (3) of the
Code; and
WHEREAS, the Authority issues its bonds on behalf of the
County, the Project is to be located in the County, and the Board of
Supervisors constitutes the highest governmental unit of the County;
and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, a record of the public hearing, and a fiscal
impact statement relating to the Project have been filed with the
Board of Supervisors.
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The Board of Supervisors approves the issuance of the
Bonds by the Authority for the benefit of the Company, to the extent
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required by Section 147 (f) of the Code, to permit the Authority to
assist in the financing of the Project.
2. The approval of the issuance of the Bonds, as contained
in this Resolution, does not constitutes an endorsement of the Bonds,
the financial viability of the Project or the credit worthiness of the
Company.
Further, as required by Section 15.1-1380 of the Code of
- Virginia of 1950, as amended, the Bonds shall provide that neither the
Commonweal th of Virginia, the County, nor the Authori ty shall be
obligated to pay the principal of, premium, if any, the interest
thereon, or other costs incident thereto except from the revenue and
monies pledged therefor and any applicable security, and neither the
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December 14, 1993
fa1th, credit, nor the taxing power of the Commonwealth, the
Authority, or the County, shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
On motion of Supervisor Eddy to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
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Consideration
of
Virainia
Housina
DeveloÞment
Authority's Certification for Peters Creek AÞartments
on Barrens Road South of Peters Creek Road.
(Terrv I
Harrinaton. Director of Plannina & Zonina)
A-121493-4
Mr. Harring~on advised that Castle Development from
Richmond, VA plans to construct a 120 unit apartment project located
south of Peters Creek Road behind the new Lewis Gale Clinic.
They
have submitted a financing and tax credit package to the virginia
Housing Development Authority (VHDA) under their MUlti-Family Loan
Program. VHDA is required to give the localities the opportunity to
certify approval or disapproval of the project, but action either way
by the County is not required.
Mr. Harrington advised that a certification of disapproval
would not prohibit construction of the apartments, but would prohibit I
VHDA's financing of this project. If no action is taken by the County,
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December 14, 1993
VHDA would interpret this as approval. Mr. Harrington advised that
the project conforms to the Comprehensive Plan and zoning and
subdivision regulations, and it is staff's recommendation that the
Board approve the certification of Approval.
Supervisor Nickens moved to approve the certification of
approval for the project. There was no vote.
After discussion, Supervisor Johnson made a substitute
motion to move the agenda and take no action on the request.
Supervisor Nickens withdrew his motion to approve.
Supervisor Johnson's motion to move the agenda (take no
action) carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix
NAYS: Supervisors Eddy, Nickens
III RE:
REQUEST FOR PUBLIC HEARIIIG ABD FIRST READIIIG OF REZOIIIIIG
ORDIBANCES - COIISEBT AGEIIDA
Supervisor Johnson moved to approve the first reading of the
ordinances and set the public hearings for January 25, 1994. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
h
An Ordinance Authorizina a SÞecial Use Permit for an
Accessory AÞartment. Located at 4925 Bower Road.
Windsor Hills Magisterial District. UÞon the Petition
of Charles CooÞer.
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December 14, 1993
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An Ordinance Authorizina a
SÞecial
Use
Permit
tc~
Construct
a
Church.
Located
at
the
Southwest
Intersection of Merriman Road and Cartwriaht Drive.
Cave SÞrina Maaisterial District. u~on the Petition of
Church of the Holv SÞirit.
h An Ordinance Authorizina a SÞecial Use Permit to
Establish a Retail Sales Facilitv for the Sale of
Mobile Homes. Located at 3727 Challenaer Avenue.
Hollins Maaisterial District. UÞon the Petition of CMB
Homes Inc.
III RE:
FIRST READIIIG OF ORDIIIABCES II
h Ordinance Amendina and Reenactina section 21-17. When
Due and PaYable. of Article II. Taxes on Tanaible
Personal ProÞertv. of ChaÞter 21. Taxation. of the
Roanoke county Code Concernina ExemÞtion of Proration
for Boats in certain situations.
(R. Wayne ComÞton.
Commissioner of the Revenue)
Mr. Compton advised that this amendment would eliminate the
requirement for the proration of taxes on boats which are brought into
Roanoke County after January 1st of each tax year.
He recommended
approval of this exemption because of the administrative difficulty
and expense in keeping track of boats moving in and out of the County.
In response to Mr. Hodge's concern that this action could
lead to request fcr exemption of proration for motor homes, Mr.1I
Compton advised that the enabling legislation enacted by the General
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December 14, 1993
818
Assembly to allow this amendment was limited only to boats.
Supervisor Eddy moved to approve the first reading and set
the second reading for January 11, 1994.
The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
SECOIID READIIIG OF ORDIIIABCES
h Ordinance Amendina and Reenactina section 12-34.
DisÞlav of Decal Generall v . of Article II.
County
Vehicle License. and section 12-55. parkina Tickets
Generallv. of Article II. Parkina. of ChaÞter 12 of the
Roanoke County Code to Facilitate Enforcement of county
Vehicle Decal Reauirement bv parking Tickets. CJoseÞh
Obenshain. Sr. Assistant County Attornev)
0-121493-5
There was no discussion and no citizen requested to speak on
this matter.
Supervisor Nickens moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
ORDIIIABCE 121493-5 AKEIIDIIIG ABD REEIIACTIIIG SECTIOII
12-34. DISPLAY OF DECAL GEBERALLY, OF ARTICLE II.
COUBTY VEHICLE LICENSE, ABD SECTIOII 12-55. PARKING
TICKETS GEBERALLY, OF ARTICLE III. PARKIIIG, OF
CHAPTER 12 OF THE ROABOn COUBTY CODE TO
FACILITATE EBFORCEKEBT OF COUBTY VEHICLE DECAL
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RBQUIREKEBT BY PARKIIIG TICKETS
WHEREAS, by Ordinance 91493-7, the Roanoke County Board of
Supervisors amended Section 12-34 of the Roanoke County Code in order
to permit law enforcement officers to issue parking tickets or uniform
traffic summonses for violations of the County's vehicle decal
ordinance; and
WHEREAS, it is intended that a vehicle owner should be
permitted to pay such a ticket or summons prior to the scheduled court
date provided the personal property tax is paid and a decal is
purchased; and
WHEREAS, this code Section does not prescribe a uniform fine
schedule for this category~of ticket or summons which would permit the II
Treasurer of Roanoke County or the Clerk of the Roanoke County General
District Court to accept payment prior to court date; and
WHEREAS, the scheduled removal of the offices of the County
Treasurer of Roanoke County from 3738 Brambleton Avenue to 5204
Bernard Drive will require a modification to all Roanoke County
parking tickets in order to adequately inform the public; and
WHEREAS, the first reading of this ordinance was held on
November 30, 1993; and the second reading for this ordinance was held
on December 14, 1993.
BE IT ORDAINED by the Board of Supervisors of the County of
Roanoke, Virginia, as follows:
1. That Section 12-34
of the Roanoke county Code entitled
amended and reenacted to read and I
"Display of decal generally" be
provide as follows:
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DAðAmhAr 14, 1QQ~
Sec. 12-34.
Display of decal generally.
A license decal issued under this article shall be
a)
attached to and displayed on the windshield of the vehicle for which
issued in such manner as to be clearly visible.
b) It shall be unlawful for any person to fail to obtain
and display or to operate a motor vehicle, trailer, or semi-trailer
required to be licensed under this article on any street, highway,
road, or other traveled way in the County, unless a current license
decal is displayed thereon as required by this section. The fact that
the current license tax has been paid on such vehicle shall not bar
prosecution for a violation of this section.
A violation of this
section shall be punished by a fine of not less than twentYfl,ll1
dollars ($æ:~::~¡:!:120.00) and not more than !11:::¡:::I.!iEäi::::::::I~EiM one hundred
dollars ($!:!:I:l::~~10 0 . 00) . .¥:¡:::::¡:::::::g..:::::::::::~::IË:::i:i:¡::::::gRIJã!sl:::::::::¡::::ga:::::::::::::I!¥rmIIIt~gll
IBI~lmii::::::ã:::::::III*ænl¡:¡::¡¡Ëffigl§E:¡:::¡¡21:¡::::Hnæll.¡:::::IʧJ;;:II:¡::::::,_nm:::::::Biïll:::B¡,1I.#sl
-~i~:el:¡:¡:::¡:::.I¡¡::::::il;Z:¡::¡::ã:l::::J;mi?:::::::::::mn::::::::Bm:::::::¡:¡aäD¡::¡::::::g;¡:i::::::BIñ.ffil~II::¡:::¡::.ªm:W:IEïJJJßIII~~¡gl!'J.iiltlñ
;11:::::::::.i?:E::::¡::BigK~.I!::¡::::::lgì:::::::::II::¡¡:mïšlffiäìl::::::i:im:!:Ë:il:::::¡::::III:::::::::lf:M:ffii¡~:::¡::::I'Æ¡¡¡!B;!J[¡I'llflll
-Biim:::I,iilllsllilíU¡¡::sl:::¡:¡:::¡llsl:¡::::¡llliãšæsl¡i:¡¡ 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.
c) Each day that a vehicle is operated without a current
license decal being displayed shall be considered a separate offense
for purposes of this section. Law-enforcement officers in the County
of Roanoke shall have authority to issue citations, summonses, parking
tickets or uniform traffic summonses to residents of and businesses
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located in Roanoke County in violation of this Article.
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2. That Section 12-55 of the Roanoke County Code entitled
"Parking tickets generally." be amended and reenacted to read and
provide as follows:
Sec. 12-55. Parkinq tickets generally.
The chief of police shall prepare an appropriate ticket and
ticket stub for use in enforcing the provisions of this article. Any
law-enforcement officer charged with enforcing this ~rticle shall
attach, in plain view, to any vehicle parked in violation of this
article, a ticket notifying the owner or operator of such vehicle of
the violation and instructing such owner or operator when and where to
report with reference to the violation. The time of the violation II
shall be noted on the ticket and stub. The ticket stub shall be
turned in to the office of the Treasurer of Roanoke county. The
ticket and stub shall have corresponding numbers.
contain the following statement:
The ticket shall
"IIOTICE: You may pay this by appearing at the Office of
the County Treasurer of Roanoke County, ã!llwlllñlllJilllllrl
3738 BramblctoR Ave., Roanoke, Virginia, between the hours
of 8:00 a.m. and 5:00 p.m., Monday through Friday.
If you
prefer,
you may mail the ticket and fine to the
aforementioned office at P.O. Box 2ffiRgâ3700, Roanoke,
Virginia 24011.5.
Checks should be made payable to the
Treasurer of Roanoke County. If you fail to take care of
this ticket within ten (10) days, then further acticn will II
be taken which could result in your having to appear in
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December 14, 1993
court and paying additional costs."
3. The effective date of this ordinance shall be January
1, 1994.
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
h
Ordinance Declarina the Pinkard Court Leisure Arts
Center as Surolus ProÞertv and Authorizina Donation of
the Facilitv to Total Action Aaainst Poverty. (Terry
Harrinaton. Director of Plannina & Zonina) TABLED AT
NOVEMBER 30. 1993 KEETIIIG
0-121493-6
Supervisor Johnson moved to remove the issue from the table.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
Mr. Harrington advised that since the last meeting, he has
received the Phase I Environmental Audit for the property and the
project is clean. He advised that he had discussed with Mr. David
Camper the potential use of the property by Habitat for Humanity and
found that there are potential problems in developing single-family
homes on this land. He is continuing to work with Habitat in an
attempt to find ways to help that organization.
Mr. Ted Edlich, President and C.E.O. of TAP, advised that
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December 14, 1993
the bU1ld1ng on an interim basis to house the
weatherization, furnace and indoor plumbing programs with staff on the
premises.
The long term usage plan is to convert the building into
affordable housing units.
In response to Supervisor Nickens' concerns about future use
of the property, Supervisor Johnson emphasized that TAP would have to
go through the zoning process and seek approval to use the property
for any other purposes.
Supervisor Kohinke moved to adopt the ordinance with the
correction in the dates. The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
II
ORDIIIANCE ~21493-6 DECLARIIIG PIBKARD COURT LEISURE ARTS
CEBTER SURPLUS PROPERTY'ABD DOIIATIIIG SAID PROPERTY TO TOTAL
ACTIOII AGAINST POVERTY
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 has been, and hereby
is, declared surplus and is being made available for other public
uses; and,
2. That pursuant to the provisions of section 18.04 of the
Charter of Roanoke County, a first reading of this ordinance was held
on October 12, 1993; and a second reading was held on December 14,
1993, concerning the disposition of 4.5 acres, more or less, of real II
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'14
DeeAmher ~4, 'QQ~
estate known as the Pinkard Court Leisure Arts Center, located in the
County of Roanoke and designated upon the Roanoke County Land Records
as Tax Map No. 87.08-1-30; and,
3. That the donation of this property to Total Action
Against Poverty (TAP) is hereby authorized, subject to the following
conditions, covenants and restrictions:
a. Use and/or development of the property shall be
limited to that which is consistent with TAP's mission and purpose,
and shall be community-service oriented.
b. Use and/or development of the property shall be
only in accordance with the current planning and zoning classification
as a valid non-conforming use or, in the alternative, shall be in
compliance with the Roanoke County Zoning Ordinance in effect at any
given time.
c. No subsequent conveyance of this real estate to
any person or organization whose mission or purpose is not consistent
with those of TAP's shall be valid without the express approval of the
County.
d. The aforesaid covenants and restrictions shall run
with the land and shall inure to the benefit of and be binding upon
the parties, their heirs, successors, and assigns.
d. In the event that TAP, its successors or assigns,
violates the covenants regarding use and/or development of the
property, the property shall revert to the Board of Supervisors of
Roanoke County, Virginia.
4. That the County Administrator is hereby authorized to
~
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825
December 14, 1993
execute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the donation of said property,
all of which shall be on form approved by the County Attorney.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
III RE:
COIISEBT AGEIIDA
R-121493-7
Supervisor Johnson moved to adopt the Consent Resolution
after discussion of Item·· 3.
The motion carried by the following II
recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 121493-7 APPROV~NG AND CONCURRING ~N
CERTAIII ITEMS SET FORTH 011 THE BOARD OF
SUPERVISORS AGEIIDA FOR THIS DATE DESIGIIATED AS
ITEM K - COIISEBT AGEIIDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
l.
That the certain section of the agenda of the Board of
Supervisors for December 14, 1993, designated as Item K - Consent
Agenda be, and hereby is, approved and concurred in as to each item
separately set forth ïn said section designated Items 1 through 9,
inclusive, as
follows: II
Acceptance of a Grant by the Police Department from the
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December 14, 1993
Department of Motor Vehicles for DUI Enforcement.
2. Resolution Urging the virginia Department of
Transportation to Conduct a Corridor study on Route 220
from Interstate 581 to the North Carolina state Line.
3. Authorization to Pay Certain Legal Fees Regarding
Firetruck Litigation with Grumman Aircraft Company.
4. Authorization to Execute an Agreement to Share a
Sanitary Sewer Easement with Sloan, Inc.
5. Request for Approval of a 50/50 Raffle Permit for
Calendar Year 1994 from the William Byrd High School
Cheerleading Booster Club.
6. Request for Approval of a 50/50 Raffle Permit for
Calendar Year 1994 from the Northside Athletic Booster
Club.
7.
Request for Approval of a 50/50 Raffle Permit for
Calendar Year 1994 from the Roanoke Moose Lodge #284.
8.
Request for Approval of Bingo Permit for Calendar Year
1994 from the Roanoke Moose Lodge #284.
9. Request for Approval of a 50/50 Raffle Permit for
Calendar Year 1994 from the Women of the Moose Chapter
1551 vinton.
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 Johnson to adopt the resolution
after discussion of Item 3, and carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTIOII 121493-7.b URGIIIG THE VIRGIIIIA DEPARTMENT OF
TRABSPORTATION TO COIIDUCT A CORRIDOR STUDY ON ROUTE 220 FROM
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827
December 14, 1993
IBTERSTATE 581 TO THE IIORTH CAROLIIIA STATE LIBE
~
WHEREAS, the Route 220 Corridor from Roanoke to the North
Carolina line is a primary link between western Virginia and the I-81
Corridor with the State of North Carolina; and
WHEREAS, portions of existing Route 220 were built as early
as the 1950's and are now badly antiquated and inadequate for current
traffic levels and modern truck traffic; and
WHEREAS,
Route 220 has among the worst safety records of
any major four lane facility within the Commonwealth; and
WHEREAS, the Counties of Roanoke, Franklin, and Henry, the
Cities of Martinsville and Roanoke, and the Towns of Rocky Mount and
Vinton, as well as other various localitles that are served by this II
Corridor, are concerned about the lack of specific plans to modernize
this arterial highway; and
WHEREAS, the Virginia Department of Highways has previously
undertaken corridor studies elsewhere as on Route 220 North from I-64
to the West Virginia line, a distance of approximately seventy miles,
in order to identify, prioritize and schedule needed improvements
along this highway; and
WHEREAS, the jurisdictions along Route 220 South feel that
a similar corridor study is needed on the Route 220 Corridor from
Roanoke to the North Carolina line.
NOW,
THEREFORE ,
BE IT RESOLVED,
that the Board of
Supervisors of Roanoke County, Virginia, does hereby urge
Department of Transportation to conduct a Corridor Study
the Virginia I
on Route 220
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from Interstate 581 to the North Carolina state Line for the purpose
of developing a specific plan and schedule for needed improvements in
order to upgrade this facility to an appropriate level of service and
safety to enhance economic development in Virginia in the future.
BE IT FURTHER RESOLVED, that all other local governing
bodies, chambers of commerce, economic development commissions and
similar groups along the corridor or in neighboring jurisdictions
which are affected by the ability of Route 220 to meet modern traffic
needs are urged to do likewise.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
III RE: REPORTS ABD IIIQUIRIES OF BOARD KEKBERS
suÞervisor Eddy: (1) He reported on items discussed at the
Fifth Planning District Commission meeting which was held December 9,
1993: (a) Low-band radio - he asked for budget consideration; (b) I-
73 Route - he asked that the Virginia Department of Transportation
examine proposals for I-64 and 220. Mr. Hodge advised that VDOT has
appointed a committee to study both routes. (c) Transit Development
Plan Phase 3 Report - he asked that the staff consult the 5PDC report
and talk to Valley Metro about extending service to North County.
Supervisor Johnson advised that this has been done. (d) VDOT
Enhancement Awards - he advised that none were given and that a
workshop on criteria is scheduled for January, 1994.
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829
December 14, 1993
SuÞervisor lIickens: (1) He asked for the status of the
decal study. Mr. Hodge advised this will be on agenda for January 11,
1994. (2) He advised that he feels there should be no alcohol at
County Parks & Recreation special events, and that this is
inconsistent with direction for young people and park policy.
Supervisor Minnix advised that he also disapproved. Supervisor Eddy
advised that he would withhold comment until he can review the
memorandum.
SuÞervisor Johnson: (1) He advised that he felt that Terry
Harrington's response to a citizen was done professionally. (2) He
advised that he forwarded a citizen's request for obtaining a 3-year
dog license to Treasurer Fred Anderson. Mr. Anderson agreed that this
could be done. Supervisor Johnson will forward the information to Mr. II
Hodge.
SuÞervisor KOhinke: (l) He asked for a building master key.
(2) He asked for a response to his recent memorandum about AK-47
assault weapons. Mr. Hodge will get a response. (3) He expressed
his appreciation that the highway sign on Rt-419 has the correct
mileage. (4) He felt that the landfill opening was well done and
gave a "thank you" to all staff involved. (5) He thanked Mr. Hodge
and Mr. craig for attending the Red Lane Civic League meeting. (6) He
stated that he agreed with Supervisor Nickens' position on there being
no alcohol in County parks. (7) He expressed his appreciation for
having a desk in his office.
III RE:
REPORTS
II
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December 14, 1993
830
Supervisor Johnson moved to receive and file the following
reports.
The motion carried by a unanimous voice vote.
~ General Fund UnaÞÞro~riated Balance
h CaÞital Fund UnaÞÞroÞriated Balance
h Board continaencv Fund
~ Accounts Paid - November. 1993.
III RE:
RECESS
At 4:30 p.m., Chairman Minnix declared a recess.
IN RE: EVEIIIIIG SESSIOII
II Chairman Minnix
members present.
reconvened the meeting at 7:00 p.m. with all
IN RE:
PUBLIC HEARIIIGS
h Public Hearina and AdoÞtion of Resolution Authorizina
the Execution of an Aareement between the Town of
vinton. County of Roanoke. and city of Roanoke
Relocatina the Boundary Line Between Said Governmental
Entities. (Paul Mahonev. County Attornev)
R-121493-8
,
Mr. Mahoney advised that the City of Roanoke, Town of Vinton
and Roanoke County have been negotiating this proposed boundary line
I
relocation for approximately 18 months, and public hearings are being
held in each locality.
After completion of the public hearing, he
asked that the Board ratify and confirm their July 27, 1993, approval
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December 14, 1993
of the agreement by adopting a resolution. Supervisor Johnson advised
that he would abstain from the vote because of his firm's real estate
interests.
There were no citizens present to speak on this matter.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Kohinke, Eddy, Nickens, Minnix
NAYS: None
ABSTAIN: supervisor Johnson
RESOLUTIOII 121493-8 AUTHORIZIIIG THE EXECUTIOII OF All
AGREEKEBT BETWEEII THE TOn OF VIBTOII, THE COUBTY OF ROAIIOKE,
ABD THE CITY OF ROABOKE RELOCATIIIG THE BOUBDARY LIBE BETWEEII
SAID GOVERBKEBTAL EBTITIES, ABD AUTHORIZIIIG THAT CERTAIN II
OTHER ACTIOIIS RELATIIIG TO SUCH BOUBDARY LIBE BE TAKEII AS
PROVIDED BY LAW
WHEREAS, pursuant to the provisions of Article 2, Chapter
24, Title 15.1, 1950 Code of Virginia, as amended, the governing
bodies of the County of Roanoke, City of Roanoke, and Town of vinton
desire to petition the Court for approval to relocate portions of the
boundary line between the City of Roanoke, the Town of Vinton, and the
County of Roanoke; and
WHEREAS, a public hearing on the agreement to relocate the
boundary line between the City, Town, and County was held by the Board
of Supervisors of Roanoke County, Virginia, on Tuesday, December l4,
1993, after being duly advertised as required by section 15.1-1031.2
of the State Code: and
WHEREAS, the relocation of the boundary line
of such I
effective
governmental entities in the areas proposed will permit more
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DAðAmhAr '., 'QQ~
and efficient delivery of municipal services and promote the public
health, safety, and welfare; and
WHEREAS, the governing bodies of the City and the Town have
adopted measures refleèting their desires to relocate and change a
portion of the boundary line between the County, City and Town as
requested by certain property owners within said areas; and
WHEREAS, the Town of vinton and City of Roanoke have agreed
to the boundary relocation by action of their respective governing
bodies.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, that:
1. The Chairman of the Board of Supervisors is hereby
r- ,_
authorized to execute an agreement between the City of Roanoke, the
Town of Vinton, and the County of Roanoke, in form approved by the
County Attorney, establishing a new boundary line at certain points
between said jurisdictions as more particularly described in the plat
showing a boundary map line adjustment Area I containing 33.80 acres
and plat showing boundary map line adjustment Area II, between the
City of Roanoke, the Town of Vinton, and the County of Roanoke, all of
which is incorporated by reference herein.
2. The boundary line set forth in said agreement shall be
described by metes and bounds.
3 . Upon execution of the agreement between the governing
bodies and publication of the agreed upon relocation boundary line in
accordance with law, and the holding of a public hearing thereon, the
County Attorney is authorized to petition the Circuit Court of one of
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833
December 14, 1993
the affected jurisdictions to relocate the boundary line in accordance
with the plats and the agreement.
4. The prior actions of this Board with respect to the
relocation of said boundary line are hereby ratified and confirmed.
5. Upon entry of an order by the Circui t Court
establishing the new boundary line, a certified copy of such order
shall be forwarded to the Secretary of the Commonwealth.
6. The County Adminis~rator and County Attorney are
authorized to take, or cause to be taken, such other actions, and to
execute other documents as may be required by law to effect the change
in the boundary line as set forth herein.
7. The Clerk to the Board of Supervisors is directed to
forward an attested copy of this resolution to the Town Clerk of the II
Town of Vinton and the City Clerk of the City of Roanoke.
On motion of Supervisor Nickens to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Kohinke, Eddy, Nickens, Minnix
NAYS: None
ABSTAIN: Supervisor Johnson
h Public Hearina to Elicit Comments Reaardina Amendment
of Roanoke County's Charter. Section 12.02 School Board
and section 12.05 Vacancies bY the General Assemblv.
(Paul Mahonev. County Attorney)
an
amendment
to
Roancke I
A-121493-9
Mr.
Mahoney
advised that
the
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DecAmher 14, 1993
834
~
county's Charter is necessary since the voters approved by referendum
on November 2, 1993, to change the method for selecting school board
members from appointment by the School Board Selection Committee to
popular election by the ci tizens. Mr. Mahoney advised that the
amendment provides for an initial election of all School Board members
in November, 1995, and provides for a staggered school board.
The following citizens spoke: (1) Debbie McClure. 7368
Fernwav Drive. President, Roanoke County Education Association,
advised that 89% of their members favor a transition method over the
election of the entire Board; (2) C. E. Thornton. 1007 Barrens
Villaqe Court. advised that he felt the election of all members should
be held in 1994 without any delay.
Following discussion by the Board, another citizen arrived
and requested the opportunity to speak: (3) Kathrvn P. Garvin. 6211
Poaqe Valley Road. PTA President. Back Creek Elementary School.
expressed support for the transition method of electing members
instead of electing the entire Board at one time.
After further discussion, Supervisor Johnson moved to elect
school board members as follows: HOllins, Windsor Hills and vinton
Districts for three-year term in the General Election in November,
1994, to take office January, 1995; and Cave Spring and Catawba
Districts for four-year terms at General Election in November, 1995,
to take office in January, 1996: and all necessary charter amendments
to be drafted and filed with the General Assembly: and that the
current trustee electoral board continue in that capacity until no
longer needed. The motion carried by the following recorded vote:
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835 ~
December 14, 1993
~
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
supervisor Eddy
IN RE:
PUBLIC HEARIIIG ABD SECOND READIIIG OF ORDIIIABCES
h An Ordinance Authorizina a SÞecial Use Permit to
OÞerate a Car Wash. Located at the lIortheast Corner of
williamson
Road
and
Clubhouse
Drive.
Hollins
Maaisterial District. UÞon the Petition of Fast Break
Food Marts. Inc.
(Terrv Harrinaton. Director of
Planninq & Zoning)
0-121493-10
Mr. Harrington advised that this special use permit is being II
requested to operate a car wash although the development on the site
involves the re-opening of the existing convenience store and
construction of a gas island.
At the Planning Commission meeting,
there was considerable discussion about access to the site and the
Planning Commission recommended approval with two conditions: (l) only
one single 50 foot entrance off of Williamson Road to the site be
allowed and (2) an easement for access to the shopping center on the
east side of the property be obtained.
Mr. Bradley C. McGraw, counsel for the applicant, advised
that the petitioner agrees with the second condition but concerning
the first condition, they need a wider access than 50 feet. He
advised that a wider entrance is needed to allow access to the
gascline islands and that the prcject will not be feasible without the II
special permit for the car wash.
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December 14, 1993
After discussion, Supervisor Johnson moved to approve the
ordinance with the following condition:
(1) one 60 foot entrance off
williamson Road and (2) vehicle access to the shopping center on the
east side of the property be provided.
The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
ORDIIIABCE 121493-10 GRABTIIIG A SPECIAL USE PERMIT
TO FAST BREAK FOOD MARTS, IIIC. TO ALLOW THE
OPERATIOII OF A CAR WASH 011 PROPERTY LOCATED AT THE
IIORTHEAST CORBER OF WILLIAKSOII ROAD ABD CLUBHOUSE
DRIVE (TAX PARCEL 27.18-3-13.2 ABD 38.06-7-2)
HOLLIIIS MAGISTERIAL DISTRICT
WHEREAS, Fast Break Food Marts, Inc. has filed a petition to
allow the operation of a car wash on property located at the northeast
corner of Williamson Road and Clubhouse Drive in the Hollins
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on
this matter on December 1, 1993; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on November 30, 1993;
the second reading and public hearing on this matter was held on
December 14, 1993.
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 operation of a car wash on property located at the
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837
; .
December 14, 1993
northeast corner of Williamson Road and Clubhouse 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 with
the following conditions to Fast Break Food Marts, Inc. to allow the
operation of a car wash on property located at the northeast corner of
Williamson Road and Clubhouse Drive in the Hollins Magisterial
District:
(1) Only one single leä!8êå so foot entrance off
Williamson Road to the site be allowed.
(2)
IIUis~~:::¡::::I:ãl.il
shopping center
An caacmcnt for aCCCBB to the
cn the east side of the prcperty II
be obtained.
On motion of Supervisor Johnson to adopt the ordinance with
amended conditions, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
h An Ordinance Authorizina a special Use Permit to
OÞerate Carry-out and Deliverv service. Located at 3109
Brambleton Avenue. Windsor Hills Maaisterial District.
UÞon the Petition of W.F.L. of Roanoke Inc. D/B/A PaÞa
John's Pizza.
(Terry Harrinaton. Director of Plannina
& zoning')
I
0-121493-11
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December 14, 1993
838
ç1
-.....oIl
Mr. Harrington advised that this request is for a special
use permit to operate a carry-out and delivery pizza service. He
reported that at the Planning Commission meeting a representative from
Villa Sorrento which opèrates in the same building expressed concern
about parking and traffic congestion at the location, especially since
there is a Valley Metro bus stop in front of the proposed location.
Mr. Harrington has talked with Valley Metro and they will find another
location for the bus layover.
The Planning Commission recommended
approval of the special use permit with no conditions.
Supervisor Eddy moved to approve the ordinance with the
condition (1) that the use should not exceed 1200 square feet. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 121493-11 GRABTING A SPECIAL USE PERKIT
TO W.F.L. OF ROABOKE IIIC. D/B/A PAPA JOHB'S PIZZA
TO ALLOW THE OPERATIOII OF A CARRY-OUT A1Q) DELIVERY
SERVICE 011 PROPERTY LOCATED AT 3109 BRAKBLETOII
AVEBUE (TAX PARCEL 77.10-8-1) WI lIDS OR HILLS MAGIS-
TERIAL DISTRICT
WHEREAS, W.F.L. of Roanoke, Inc. d/b/a Papa John's Pizza has
filed a petition to allow the operation of a carry-out and delivery
service on property located at 3109 Brambleton Avenue in the Windsor
Hills Magisterial District: and
WHEREAS, the Planning Commission held a public hearing on
this matter on December 1, 1993: and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on November 30, 1993:
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the second reading
December 14, 1993
and public hearing on this matter was held on ~
December 14, 1993.
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 operation of a carry-out and delivery service on
property located at 3109 Brambleton Avenue in the Windsor Hills
Magisterial District is Eubstantially 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 1&11
.1¡¡¡¡¡¡¡:¡!9i~I.I1~:I¡:¡ERllæ!,wll to W.F.L. of Roanoke, Inc. d/b/a Papa John's II
Pizza to allow the operation of a carry-out and delivery service on
property located at 3109 Brambleton Avenue in the Windsor Hills
Magisterial District.
¡:~¡:*:~¡:¡¡¡¡¡:¡:IIÎ:!î::::::¡BBI¡¡¡¡¡¡:ìe:¡¡¡:::¡!RaIB¡¡::¡::œ!)::¡¡¡:¡...¡¡¡:::::ffil:g!¡¡¡¡¡:¡:!BI51[¡1IUE;~{
On motion of Supervisor Eddy to adopt the ordinance with the
condition that the use should not exceed 1200 square feet, and carried
by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
h An Ordinance Authorizina a SÞecial Use Permit to
oÞerate a Used Car Lot. Located at 7410 Sunnvbrook
Drive. Hollins Haqisterial District, UDcn the petiticnll
of Kidd. Auto Sales. (Terry Harrinaton. Director of
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December 14, 1993
a /i 0
-0 t.¡.
Plannina & Zoning)
0-121493-12
Mr. Harrington advised that this is a request for a special
use permit to operate a used car lot.
Mr. Harrington advised that
after the Planning commission meeting, the petitioner looked at other
sites and considered withdrawing the petition but the petitioner took
no action to withdraw the petition.
Supervisor Johnson moved to deny the special use per:11it.
The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
DENIAL OF ORDIIIAIICE 121493-12 GRABTIIIG A SPECIAL
USE PERKIT TO KIDD AUTO SALES TO ALLOW THE OPERA-
TIOII OF A USE CAR LOT OR PROPERTY LOCATED AT 7410
SUBBYBROOK DRIVE (TAX PARCEL 27.14-4-6) BOLLIIIS
MAGISTERIAL DISTRICT
WHEREAS, Kidd Auto Sales has filed a petition to allow the
operation of a used car lot on property located at 7410 Sunnybrook
Drive in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on
this matter on December 1, 1993; and
WHEREAS, the Board of Supervisors of Roanoke county,
Virginia, held a first reading on this matter on November 30, 1993;
the second reading and public hearing on this matter was held on
December 14, 1993.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
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December 14, 1993
On motion of Supervisor Johnson to deny the petition, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke" Eddy, Nickens, Minnix
NAYS: None
III RE: ADJOURBKEBT
At 8:00 p.m., Supervisor Johnson moved to adjourn. The
motion carried by the fOllowing recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
, ,
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