HomeMy WebLinkAbout6/23/1992 - Regular
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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
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June 23, 1992
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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
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~ 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
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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.
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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"
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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
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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
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June 23, 1992
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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.
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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.
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IN RE:
NEW BUSINESS
~. Request for AdoDtion of Goals and POlicies for Fiscal
Year 1992-93. (Elmer Hodae, County Administrator)
A-62392-2
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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
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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
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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:
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June 23, 1992
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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
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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
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June 23, 1992
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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
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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
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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
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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
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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
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WHEREAS, Section 2.l-344.l of the Code of Virginia requires
a certification by the Board of Supervisors of Roanoke County,
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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
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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
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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
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~ 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
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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
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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)
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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)
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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
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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
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requirements hereby adopted shall be deemed to refer to the
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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
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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)
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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
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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
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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
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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.
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June 23, 1992
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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
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June 23, 1992
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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
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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
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following conditions which the Board of Supervisors hereby
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June 23, 1992
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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
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June 23, 1992
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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.
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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
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WHEREAS, Section 17.(b) of the contract between Roanoke
County, the ci ty of Roanoke and the Roanoke Regional Airport
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June 23, 1992
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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
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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.
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