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HomeMy WebLinkAbout6/23/1992 - Regular 'i I I "'l1lI1 June 23, 1992 359 Roanoke County Board of Supervisors Roanoke county Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 June 23, 1992 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of June, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. KOhinke, Sr., Supervisors Bob L. Johnson, H. Odell "Fuzzy" Minnix, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. . Chambliss, Assistant County Administrator; Don M. Myers, Assistant County Administrator; Anne Marie Green, Information Officer ~ ,... '360 June 23, 1992 ~ IN RE: OPENING CEREMONIES The invocation was given by the Father Kenneth Stofft of Our Lady of Nazareth. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Eddy added approval of capital expenditure for the Roanoke Regional Airport Commission to the end of the evening session. Chairman Eddy requested that a discussion concerning the Roanoke City water bill .be added to the Executive Session. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS I ~ Introduction of Jeffrev A. Echols. Resident Enaineer, Salem Residencv. Virainia DeDartment of TransDortation. County Administrator Elmer Hodge introduced Mr. Echols who was recently appointed Resident Engineer. Mr. Echols will be moving I to the area from Charlottesville. ~ Resolution Declarina the Weekend of Auaust 7 - 9. 1992, as liThe Battle of South Salem". R-62392-1 Commander Bruce Mayer, 2nd Virginia Cavalry Company, Inc., wearing a Union Army unifo~, and Vie Middlekauff, in a Confederate II Army uniform, were present to accept the resolution. ~ 'i I II ~ 361· June 23, 1992 Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 62392-1 DECLARING THE WEEKEND OF AUGUST 7 - 9, 1992 AS liTHE BATTLE OF SOUTH SALEM" ,-' WHEREAS, on June 21, 1864, almost exactly one hundred and twenty- eight years ago today, Confederate forces, under the leadership of Major General Jubal Early, and Union forces, under the leadership of Major General David Hunter, engaged in a battle at Hanging Rock, near the present intersection of Routes 311 and 419 in Roanoke County; and WHEREAS, prior to that battle, there was a skirmish near the confluence of Peter's Creek and the Roanoke River, also in Roanoke County, known as Hunter's Raid or the South Salem Engagement; and WHEREAS, both events were important to the course of the civil War in Southwest Virginia; and WHEREAS, on August 7, 8 and 9, 1992, there will be a re-enactment of the Battle of South Salem at Green Hill Park in Roanoke County. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby declare the weekend of August 7-9, 1992 as "THE BATTLE OF SOUTH SALEM", and extends its best wishes for an authentic and successful re-enactment of the event. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy ~ ,... "3 6:'2. June 23, 1992 ~ NAYS: None IN RE: EMPLOYEE SERVICE AWARDS ~ Recoanition of EmDlovees for Their Years of Services to Roanoke County. Chairman Eddy, Mr. Hodge, and Human Resources Director Keith Cook presented certificates of appreciation to employees with 35, 30, 25, 20, 15, 10, and 5 years of service. ~ ReceDtion Honorina EmDlovees Who Received Service Awards. Chairman Eddy declared a fifteen minute recess at 3:35 p.m. I for a reception in the County Administrator's offices honoring the employees. IN RE: BRIEFINGS ~ SDrina Hollow Reservoir Mr. Craig reported that the seven month project is proceeding on schedule. They have fenced off the archeological site until the State Historic Resources commission makes their recommendation on the necessary protection for the site. John Bradshaw, Project Manager, Hayes, Seay, Mattern & Mattern, advised that the project was 15% complete. He reported that four areas had to be regrouted and all the elearing had been done. Hell recommended that, due to safety concerns, the public should be ~ 'i I I ~ June 23, 1992 ·3 63~ encouraged to stay away from the site. ~ smith GaD Landfill John Hubbard, Chief Executive .Officer, Roanoke Valley Resource Authority, gave a progress report on the three sections of the proj ect. (1) Landfill - The clearing and grading has been delayed for approximately 50 days because of rain; however, the constructor indicates the final completion date has not been affected. The bids for construction of the Tipper Building are expected the first week in July. (2) Transfer Station - Verbal approval of the Application Part A from the State has been obtained, and a variance for building in a flood plain was not necessary and has been withdrawn. Plans are to submit the Part B Application to the Department of Waste Management by the end of the month. Bids will be due for this project in August. (3) Rail Spur - This project is on schedule and approximately 50% complete. In response to an inquiry from Supervisor Johnson, Mr. Hubbard advised that the Roanoke Valley Resource Authority, the County, and the Town of Vinton have agreed to sell bonds through Alex Brown Underwriters. However, the City of Roanoke has not approved this and they have suggested selling the bonds through VRA. Mr. Hubbard stated that according to the RVRA's Bond Counsel, they cannot proceed without the approval of each of the three localities. This issue needs to be decided since there will be two contracts in August for which funds will be necessary. ~ II"" 3 6 4- June 23, 1992 After some discussion, it was the consensus of the Board that Chairman Eddy, Mr. Mahoney and Mr. Hodge contact the elected officials of Roanoke City concerning the urgency of approving the method to sell the bonds. ~ IN RE: NEW BUSINESS ~. Request for AdoDtion of Goals and POlicies for Fiscal Year 1992-93. (Elmer Hodae, County Administrator) A-62392-2 I Mr. Hodge advised that changes suggested at the June 9, 1992 meeting had been incorporated in the proposed goals and pOlicies and he requested adoption. There was no discussion. Supervisor Johnson moved to approve adoption. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Request for ADDroDriation of 1990-91 School Surnlus. (Diane Hvatt. Finance Director) A-62392-3 This item appropriated the sehool surplus of $491,429 for I year ending July 31, 1991 to be used to repair roofs and purchase of ~ ~ June 23, 1992 365 ~ buses. There was no discussion. Supervisor Johnson moved to approve the appropriation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None h ADDroval of Chanae Order Procedure for SDrina Hollow Reservoir. (Clifford Craiq. utility Director) A-62392-4 Mr. Craig advised that staff felt a change order procedure was necessary because this contract was issued by the Board and I beeause the eontraet' is for the largest amount ever issued for a project. Supervisor Kohinke moved to approve the change order procedure. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA I Supervisor Johnson moved to approve the first reading and set the pUblic hearing for July 28, 1992. The motion carried by the following recorded vote: ~ ,... 366 June 23, 1992 ~ AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Ordinance to Rezone .9 Acre from M-2 to R-1 to Allow Continuation and EXDansion of an Existina Residential Use. Located at 4616 Lavman Road. Hollins Maaisterial District. UDon the Detition of Martha C. Chinault. IN RE: APPOINTMENTS ~ Board of Zonina ADDeals Supervisor Johnson nominated Carlton Wright for another I five-year term, which will expire June 30, 1997. ~ Social Services Board Supervisor Nickens nominated Betty Jo Anthony for another four-year term, which will expire July 19, 1996. IN RE: CONSENT AGENDA R-62392-5 Supervisor Johnson moved to approve the Consent Agenda. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 62392-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF II ~ ~ I I ~ June 23, 1992 367 SUPERVISORS. AGENDA FOR THIS DATE DESIGNATED AS ITEM M- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for June 23, 1992, designated as Item m - 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. Acceptance of Water and Sanitary Sewer Facilities Serving Duxbury Court. 2. Authorization to Pay Certain Legal Fees for Action Against Grumman Emergency Products, Inc. 3. Donation of Drainage Easements in Connection with the Hawley Drive Drainage Project. 4. Donation of Easements in Connection Development of Canterbury Park, Section 9. the with 5. Resolution of Appreciation to Paul G. Black for his Services on the Roanoke County School Board. 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 consent resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 62392-5.e OF APPRECIATION TO PAUL G. BLACK ~ ,... 368 June 23, 1992 ~ FOR HIS SERVICES ON THE ROANOKE COUNTY SCHOOL BOARD WHEREAS, Paul G. Black has served as the Hollins representative on the Roanoke County School Board since July, 1984; and WHEREAS, during his service on the School Board, Mr. Black has supported a variety of interests and educational opportunities for the children of Roanoke County. In doing so, Mr. Black has o Advocated programs which would adequately meet the needs of handicapped students attending Roanoke County or regional special education classes; o Supported continuation of an alternative education program and the renovations to the William Byrd Junior High Building, now the Roanoke County Career Center, to provide a proper facility for I students. This program has been a major contributor to .a significant decrease in the student drop out rate in Roanoke County, which was 1.8% in 1990-91; o Pursued an active interest in vocational education and promoted whatever was possible to make the program viable and attractive to students; o Expended energy and enthusiasm to gain the funding needed to maintain quality education for all students, and to assure that programs would remain in place which would challenge each child to do his/her best and promote interest and enthusiasm for learning; and WHEREAS, Mr. Black chose not to seek reappointment to the Roanoke County School Board, and will retire from serving the County on June 30, 1992. I NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of ~ 'i I I ~ June 23, 1992 369 Roanoke County, Virginia, on its own behalf, and on behalf of the children of Roanoke County, does hereby extend its sincere appreciation and gratitude to PAUL G. BLACK for his many years of service to the Roanoke County School Board, and for his advocacy of quality education for all the students in the County. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens: (l) He advised that he received a request from a citizen asking that personal property taxes be discounted for qualifying veterans. Mr. Mahoney was asked to review this request and the 1991 General Assembly amendment which could make it possible. Commissioner of Revenue Wayne Compton was asked to review the fiscal impact of implementation. (2) He discussed a memo containing suggestions for library services from Spencer Watts, Director of Libraries. Supervisor Johnson: (1) He announced that the City of Roanoke had approved the Roanoke Regional Airport Commission budget. (2) He advised that he was concerned that members of the Board of Zoning Appeals feel they have no flexibility in approaching problems. He also expressed his concern that the BZA did not have sufficient input into the new Zoning Ordinance. After further discussion, it ~ ,... 31 0 June 23, 1992 was eonsensus of the Board to hold a work session with the BZA on JUIY~ 14, 1992. Supervisor Kohinke: (1) He advised that he found the recent tour of the Spring Hollow Reservoir very informative. ( 2 ) He asked if the dates had been selected for the Board Retreat. Mr. Hodge will furnish the Board members with suggested dates. Supervisor Eddv: (1) He advised that he will attend the Virginia Tech Center of Public Service, Virginia County Board Chairman Institute, on July 15, 1992 in Charlottesville~ He asked for suggestions or ideas to take to this meeting. IN RE: RE~~S I Supervisor Johnson moved to receive and file the following reports, after discussion of Item 5. The motion carried by a unanimous voice vote. ~ General Fund unapproDriated Balance ~ CaDi tal Fund UnaDDroDriated Balance h Board continaencv Fund h statement of Revenues and Exnendi tures as of Mav 31, 1992 ~ Enforcement of Weed ordinance ~ 1991 Water Pro;ects h Smi th GaD Landfill . IN RE: EXECUTIVE SESSION I ~ ~ ~ June 23, 1992 371 At 5:25 p.m., Supervisor Minnix moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (7) Consultation with legal counsel and briefings by staff members, pertaining to actual or probable litigation, (a) concerning Dixie Caverns and Roanoke Electric Steel and (b) Roanoke City Water Bill. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None r" IN RE: CERTIFICATION OF EXECUTIVE SESSION I R-62392-6 At 7:03 p.m., Supervisor Johnson moved to return to Regular Session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, "Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 62392-6 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and I WHEREAS, Section 2.l-344.l of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, ~ ,... ~12 Virginia, that such June 23, 1992 exeeutive meeting was eondueted in' eonformity 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: l. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the certification I resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: PUBLIC HEARINGS ~ Request for a SDecial ExceDtion Permit from Reinhold Arnold Winnemuth to O~erate a Barber ShOD in an M-1 Zonina District. 5221-A Starkey Road. Cave sDring Kaaisterial District. (Terry Harrinaton. Plannina and Zonina Director) A-62392-7 Mr. Harrington advised that this permit is being requested II under the authority of ~he Zoning Ordinance which allows B-2 uses to ~ 'i II II "'l1lI1 June 23, 1992 31 ~ locate within a M-l district, provided the use is supportive of area industry. The proposed barbershop will be located in a portion of a space originally designated as a construction office. Staff reviewed this request and found no significant impact factors and that adequate parking exists on the si te. Mr. Harrington recommended that the permit be granted. Mr. Winnemuth industrial plants had no further discussion. Supervisor Minnix moved to approve the Special Exception Permit. The motion carried by the following recorded vote: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None was present and advised opposition to the permit. that the area There was no AYES: NAYS: ~ Request for Resolution of Intent to Enter UDon Certain ProDerties (Roaer E. and Sharon M. Vest) and Take Certain Riahts-of-Wav in Connection with DeveloDment of the Forest Edae Water System. (Paul M. Mahonev. county Attornev) (COUNTY ADMINISTRATOR HAS DEFERRED THIS ITEM UNTIL A LATER DATE.) Chairman Eddy announced that this item had been deferred to a later date. The public hearing was not held. IN RE: FIRST READING OF ORDINANCES ~ ,... ~ 1 4 June 23, 1992 ~ ~ Ordinance amendina the Zonina Ordinance bv the ReDeal of Same and bv AdoDtina and Reenactina a New Zonina Ordinance. (Terrv Harrinaton. Plannina and Zonina Director) Mr. Harrington reported that the June draft of the new Zoning Ordinance incorporates all the revisions contained in the June 4, 1992 addendum to the March 9, 1992 draft. These revisions and modifications were gathered by the Planning Commission at five public work sessions over the past three months. The Planning Commission believes that further revisions to the ordinance would be inconsistent with the overall growth and development objectives of Roanoke County. He advised that since the Board had already set a work session for July 14 with the Board of Zoning Appeals, a work session on the Zoning Ordinance could also be held. Mr. Jon Hartley was present to answer questions. Mr. Rick Whi tnev . Chairman. Zoninq Task Force. Secretary. Roanoke Reaional Home Builders Association. 5346 Castle Rock Road. expressed concerns that the zoning ordinance would be implemented before the maps and questioned the time table between adoption of the zoning ordinance and maps. He also expressed concern about the average lot size in different districts and the methodology of larger lot sizes in agriculture districts. After some discussion, Supervisor Nickens moved to approve the first reading and have the second reading and public ~ II I ~ 'i June 23, 1992 315 hearing on August 25, 1992. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES ~ An ordinance to rezone 24.090 acres from M-2 to M- 3 to construct and oDerate an aSDhalt batch mix Dlant. located on the south side of Buck Mountain Road. Cave SDrina Maaisterial District. UDon the Detition of Virainia ASDhalt pavina ComDanv. (Terrv Harrinaton. Plannina and Zonina Director) (CONTINUED UNTIL SEPTEMBER 22. 1992) II Chairman Eddy announced that continued until September 22, 1992 at petitioner. this the item had been request of the ~ An Ordinance amendina the Roanoke County Code· bv amendina Section 12-8. AdoDtion of State Law. of Article I of ChaDter 12. Motor Vehicles and I Traffic of the Roanoke County Code. (Paul Mahoney. County Attornev) ~ ,... 3 -¡ 6 June 23, 1992 ~ 0-62392-8 There was no discussion. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 62392-8 AMENDING THE ROANOKE COUNTY CODE BY AMENDING SECTION 12-8, ADOPTION OF STATE LAW OF ARTICLE I OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC OF THE ROANOKE COUNTY CODE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 12-8, Adoption of state law, Article I, In II General, of Chapter 12, Motor Vehicles and Traffic, be amended and readopted to read and provide as follows: Sec. 12-8. Adoption of state law. Pursuant to the authority of Section 46.2-1313 of the Code of Virginia, all of the provisions and requirements of the laws of the state contained in Title 46.2 and in Article 2 (Section 18.2-226 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, except those provisions and requirements which, by their very nature, can have no application to or within the County, are hereby adopted and incorporated in this chapter by reference and made applicable within the County. References to "highways of the state" 'contained in such provisions and II requirements hereby adopted shall be deemed to refer to the ~ 'i I II ~ June 23, 1992 3[1 streets, highways, and other public ways within the County. Such provision and requirements, as amended from time to time, are hereby adopted and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the County to violate or fail, neglect or refuse to comply with any such provision or requirement; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under the state law hereby adopted. The phrase "all of the provisions and requirements of the laws of the state" as used hereby shall be construed to include all amendments to said laws made effective as of the date that this ordinance is itself effective. 2. The effective date of. this ordinance shall be July 1, 1992. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h An Ordinance to Rezone ADDroximatelV 1.615 Acres from B-1 and R-1 to B-2 to ODerate a New Car DealershiD Located at the Corner of Peters Creek Road and Deer Branch Road, Hollins Maaisterial District. UDon the Petition of Valley MotorsDort. (Terry Harrinaton. Plannina and Zonina Director) ~ ,... ~lß June 23, 1992 ~ 0-62392";9 Mr. Harrington reported that this request would-allow Valley Motorsport to make a maj or expansion of an existing new car dealership. The petitioner has proffered seven conditions regarding the use and development of the property which would address the issues raised at the Planning commission meeting. He advised that this rezoning is consistent with the Comprehensive Plan, and the Planning Commission recommended approval with conditions. Mr. Cal vin Phelps, Motley & Associates, an architect representing the petitioner ¡ displayed a detailed map of the site. He also advised that a representative from the church, a I member of the building committee, and Mr. Logan, petitioner, were all present to support the petition. After some discussion, Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 62392-9 TO CHANGE THE ZONING CLASSIFICATION OF A 1.615 ACRE TRACT OF REAL ESTATE LOCATED AT THE CORNER OF PETERS CREEK ROAD AND DEER BRANCH ROAD (TAX MAP NOS. 27.10-5-12 AND 27.10-5-13) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-1 AND R-1 TO THE ZONING CLASSIFICATION OF B-2 WITH CONDITIONS UPON THE APPLICATION OF VALLEY MOTORS PORT WHEREAS, the first .reading of this ordinanee was held on May II 26, 1992, and the second reading and public hearing was held June ~ 'i I I ~ June 23, 1992 ~19 23, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 2, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 1.615 acre, as described herein, and located at the corner of Peters Creek Road and Deer Branch Road, (Tax Map Numbers 27.10-5-12 and 27..10-5-13) in the Hollins Magisterial District, is hereby changed from the zoning classification.of B-1 and R-1, Office District and single Family Residential District, to the zoning classification of B-2, General Commercial District. 2. That this action is taken upon the application of Valley Motorsport. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: 1. within that portion of tract 27.10-5-13 that has been described on a concept plan prepared by Motley and Associates and submitted with the rezoning application, only dusk-to-dawn lights for security purposes will be installed. All non-security light pole fixtures shall not exceed 20 feet. 2. 3. To provide for additional screening, a 6-foot fence beginning at the northwest corner of tract ~ II"" ~ß 0 June 23, 1992 ~ 27.10-5-13 and continuing south for 140 ft. as well as an extra 10 ft. of a 4-foot fence, will be installed. Additionally, low ground cover of 2-3 feet in height along the outside of said fence will be planted beginning at the buffer yard and continuing until the entrance of Deer Branch Road. The finished side of the fence will be oriented toward the road. 4. No exterior speakers will be included in the development of this property. 5. At the corner of Deer Branch Road and Peters Creek Road, the display of vehicles will be done in such a way as not to obstruct the view of drivers entering onto Peters Creek Road from Deer Branch Road. 6. The delivery of vehicles shall not occur between the hours of 7 p.m. and 7 a.m. unless this process takes place on tract 27.l0-5-12. 7. A convenience store will not be constructed on I tract 27.10-5-13. is described 4. That said real estate more fully as follows: BEGINNING at a point on Peters Creek Road, point being the southeast corner of the st. Philip Evangelical Lutheran Church and parcel A; thence with Peters Creek Road, N. 69, deg. 37' 50" E. to a point on a curve; thence with a curve to the right with a radius of 25', a tangent of 25', and an arc of 39.27' to a point on Deer Branch Road; thence with the road N. 22 deg. 49' 10" W. 193.39' to the southwesterly corner of Lot 1, thence continuing on the same line 21.61'; thence with a curve to the right wi th a radius of 154.07'; a tangent of 68.21', and an arc of l28.51' to a point on Post Road; thence N. 27 deg. 45' 30" E. 39.09' to the northeasterly corner of Lot 1; thence continuing for the, same line 80.00' to the northeasterly corner of Lot 2; thence s. 62 deg. 14' 30" E. 176.l5'; thence s. 27 deg. 35' 40" W. 80.00'; thence continuing on the same line 45. 3l' to the northeasterly corner of Parcel A; thence s. 22 deg. 49' 10" E. 219.6l' to the Place of Beginning; and being Lots 1 and 2 and Parcel 2 of Tinker Knoll as shown on a plat by Mattern and Mattern I Engineers dated February 7, 1947, and recorded in Plat Book 3, page 1. ~ 'i II I ~ June 23, 1992 ~81 ... 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None h An Ordinance to Rezone 0.893 Acre from B-1 and B-2 to B-2 to ODerate a Convenience store with Gas DisDenser, Located at 3202 Peters Creek Road. Catawba Maaisterial District. UDon the Petition of Workman oil ComDanv. (Terrv Harrinaton. pÌanning and Zonina Director) 0-62392-10 Mr. Harrington advised that this rezoning would permit additional gas dispensers for the convenience store on the property. The peti tioner has proffered three condi tions . He advised that the Planning Commission felt there were no significant impact factors and recommended approval with conditions. There was no discussion. Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy ~ ,... 3 8 ~ ';¿ June 23, 1992 ~ NAYS: None ORDINANCE 62392-10 TO CHANGE THE ZONING CLASSIFICATION OF A 0.893 ACRE TRACT OF REAL ESTATE LOCATED AT 3202 PETERS CREEK ROAD (TAX MAP NO. 37.14-1-9) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B- 1 AND B-2 TO THE ZONING CLASSIFICATION OF B-2 WITH CONDITIONS UPON THE APPLICATION OF WORKMAN OIL COMPANY WHEREAS, the first reading of this ordinance was held on May 26, 1992, and the second reading and public hearing was held June 23, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 2, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervi'sors of Roanoke I County,. Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 0.893 acre, as described herein, and located at 3202 Peters Creek Road, (Tax Map Number 37.14-1-9) in the Catawba Magisterial District, is hereby changed from the zoning classification of B-1 and B-2, Office District and General Commercial District, to the zoning classification of B-2, General Commercial District. 2. That this action is taken upon the application of Workman oil Company. 3. That the owner has voluntarily proffered in writing the I following conditions which the Board of Supervisors hereby ~ 'i II I ~ June 23, 1992 :5 S ~ '~ accepts: 1. The property rezoned to B-2 will be used only as a convenience grocery store. 2. The gasoline pumps which will be used in connection with the convenience store will be on the easterly side of the store. 3. Petitioner will not request access for ingress and egress to Peters Creek Road for new tract A-l. 4. That said real estate is more fully described as follows: STARTING at a point on the north side of Peters Creek Road at its intersection with the east side of North Lake Drive marked with a chiseled "X"; thence with Peters Creek Road, N. 56 deg. l2 min. 35 sec. E. 154.01 feet to the actual Place of Beginning; thence with the westerly line of the 0.423 acre presently zoned B-2, N. 20 deg. 41 min. W. 105.07 feet to a point; thence continuing with the northerly line of the B-2 zoning, S. 69 deg. 19 min. W. 150.00 feet to a point in the easterly right-of-way of North Lake Drive; thence leaving the B-2 zoning and with the easterly right-of- way of North Lake Drive, N. 20 deg. 41 min. 00 sec. W. 55.02 feet to an old pin; thence continuing with said right-of-way N. 80 deg. 45 min. 00 sec. W. 15.88 feet to a point; thence leaving the right-of-way of North Lake Drive and with the property of New Tract A-2, as shown on Resubdivision for Orange Markets, Inc. by T. P. Parker & Son dated August 3, 1989, N. 67 deg. 34 min. 42 sec. E. 241.38 feet to an iron pin found; thence continuing with said New Tract A-2, S. II' deg. 08 min. 01 sec. E. 165.87 feet to an iron pin in the northerly right-of-way of Peters Creek Road; thence leaving New Tract A-2 and wi th the right-of-way of Peters Creek Road on a curve ,to the right whose radius is 5686.58 feet, whose arc is 38.09 feet and whose chord is S. 56 deg. 01 min. 04 sec. W. 38.09 feet to a concrete highway monument; thence continuing with said right-of-way S. 56 deg. 12 min. 35 sec. W. l3.27 feet to the Point of Beginning and containing 0.471 acre and being the remainder of New Traét A-l as shown on Resubdivision for Orange Markets, Inc. which is currently Zoned B-1. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or ~ ,... '38 At ' June 23, 1992 ~ parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: CITIZEN COMMENTS AND COMMUNICATIONS ~ William T. Carter. 4435 Cordell Drive. requested assistance concerning Norfolk Southern's use of eminent domain to' obtain his land for the railway spur. Mr. Hodge will review the situation with John Hubbard, Chief Executive Officer of the Roanoke Valley Resource Authority. ~ Christine Elliott. 108 7th street. vinton. representing the Midway community in vinton, requested help with the flooding situation. Mr. Hodge will meet with Town of vinton officials concerning the problem and report the progress to the citizens. ~ Pat Scott. on behalf of her mother who lives at 2240 Dunkirk Avenue. Roanoke city. requested regional help with flooding. She also reported that building permits in the flood plain were being issued by Roanoke City. Supervisor Nickens requested that staff determine the situation concerning the building permits. ~ I I ~ ~ June 23, 1992 ~s 5 IN RE: OTHER BUSINESS ~ ADDroval of CaDi tal Exnense for Roanoke Reaional Àirnort commission. (Elmer Hodae. County Administrator) R-62392-11 Mr. Hodge advised that the Roanoke Regional Airport Commission would like to acquire a 1,500 gallon aircraft rescue and fire fighting vehicle at a cost of $264,089. This vehicle will replace another, and the Commission will be reimbursed by the Federal government for 90% of the cost, by the state for 5% of the cost, and the remaining funds will come from the II Commission. Supervisor Nickens moved to table the item. There was no vote and he withdrew his motion. Supervisor . Nickens moved to approve the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None AND RESOLUTION 62392-11 APPROVING A SPECIFIC CAPITAL EXPENDITURE FOR THE ACQUISITION BY THE ROANOKE REGIONAL AIRPORT COMMISSION OF THE PURCHASE OF AN AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE, UPON CERTAIN TERMS CONDITIONS I WHEREAS, Section 17.(b) of the contract between Roanoke County, the ci ty of Roanoke and the Roanoke Regional Airport ~ II"" ~ß 6 June 23, 1992 ~ commission provides that the commission shall prepare and submit for approval any proposed capital expenditure exceeding $100,000.00 to benefit five or more future accounting periods; and WHEREAS, by report dated June 23, 1992, a copy of which is on" file in the Office of the Clerk to the Board, the Roanoke Regional Airport Commission has submitted a request that the County approve a certain capital expenditure by the Commission for the purchase of an aircraft rescue and fire fighting vehicle in the total amount of $263,089.00. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that this Board hereby approves the capital expenditure by the Roanoke Regional Airport commission of $263,089.00 in connection with the purchase of an aircraft rescue and fire fighting vehicle, and the County Administrator and Clerk to the Board are authorized to execute and attest, respectively, on behalf of the County, any additional documentation, in form approved by the County Attorney, necessary to evidence said approval, as more particularly set forth in the report to this Board on this subject from the Roanoke Regional Airport Commission dated June 23, 1992, a copy of which is on file in the Office of the Clerk to the Board. On motion of supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix,- Nickens, Eddy NAYS: None ~ I II ~ 'i June 23, 1992 :51d 1 ~ IN RE: ADJOURNMENT At 8:50 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote. ~Ed~: f:f:l= I II ~ ,... ~ II II