HomeMy WebLinkAbout10/22/1991 - Regular
738
October 22, 1991
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Roanoke county Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue S. w.
Roanoke, Virginia 24018
October 22, 1991
The Roanoke County 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 October, 1991.
IN RE:
CALL TO ORDER
Chairman McGraw called the meeting to order at 3:11 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Steven A. McGraw, Vice Chairman Harry
C. Nickens, Supervisors Lee B. Eddy, Bob L.
Johnson (arrived at 3: 35 p.m.), Richard W.
Robers
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk
to the Board; John R. Hubbard, Assistant County
Administrator, John M. Chambliss, Assistant
County Administrator, Don M. Myers, Assistant
County Administrator, Anne Marie Green,
Information Officer
IN RE:
OPENING CEREMONIES
73 y
October 22, 1991
The invocation was given by the Reverend Alan Rowbothan, Unity
of the Roanoke Valley Church. The Pledge of Allegiance was recited
by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Supervisor Johnson requested the addition of Item 6 under New
Business, preparation of an ordinance regarding meritorious bonuses
for County employees.
Supervisor Eddy asked for an Executive Session to discuss the
landfill contract and the Fralin and Waldron court case.
IN RE:
WORK SESSION
~ SÞrinq Hollow Construction Bids.
Assistant County Administrator John Hubbard highlighted the
history of the project dating back to the 1960's, and advised that
there had been over 14 reports prepared. John Bradshaw with Hayes,
Seay, Mattern and Mattern introduced Ted Petowski who will also be
working with the project. They described the bid procedures and
advised that fifteen firms had been prequalified including one
local and one Virginia firm. Fourteen firms attended the prebid
conference and there were eight final bids. They recommended PCL-
Tempe from Arizona who was the low bidder.
Mr. Hubbard introduced Skip Lord from PCL- Tempe. Mr. Lord
advised they plan to bring only about 20 supervisors with them and
will hire a local labor force. They also hope to use predominately
October 22, 1991
740
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local subcontractors.
IN RE:
NEW BUSINESS
~ Request for authorization to award construction
contract for SÞrinq Hollow Reservoir.
A-l02291-1
Supervisors Johnson, Robers and McGraw spoke in strong support
for the reservoir project. Supervisor Eddy announced he would vote
in opposition.
Supervisor Nickens moved to award the contract to PCL from
Tempe, Arizona. The motion was carried by the following recorded
vote:
AYES:
Supervisors Robers, Johnson, Nickens, McGraw.
NAYS:
Supervisor Eddy
Following the award, Chairman McGraw and Mr. Lord participated
in a signing ceremony.
~ Request from Social services DeÞartment to accept
and aÞÞroÞriate Childcare and DeveloÞment Block
Grant.
A-l02291-2
social Services Director Betty Lucas reported that this grant
would increase the availability, affordability and quality of child
care for low-income families who are not on welfare assistance and
enable them to continue working or attending education and training
programs. The grant is $41,270.00 and is 100 percent reimbursable,
but requires "up front" monies.
741
October 22, 1991
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In response to a question from Supervisor Eddy, Ms. Lucas
advised that for the past four years, the program had been state
funded with a 10% local match. However, the program this year
requires no local match.
Supervisor Nickens moved to accept the grant. The motion was
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
~ Request from the Social Services Board for suÞÞort
in oÞÞosition to amendments to the Child Abuse and
Neqlect Law.
A-102291-3
Assistant County Administrator John Chambliss presented the
report advising that the School Administration supports the
amendments which would allow schools to investigate allegations of
child abuse and neglect by their employees. Deanna Gordon,
Assistant Superintendent of Schools explained that the schools felt
they should be able to handle investigations of school employees.
Social Services Director Betty Lucas responded that the Social
Services Board was opposed to this amendment because it could set
a precedent for other agencies such as day care providers and
nursing homes.
Supervisor Nickens moved to oppose the amendments and support
Social Services' position
Supervisor Robers offered
neutral position on this issue.
a substi tute motion to take a
The motion was carried by the
October 22, 1991
742
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following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson
NAYS:
Supervisors Nickens, McGraw
~ Aþþroval of 1991-92 Leqislative Proqram
R-102291-4
Mr. Mahoney reported that at the October 8 meeting the Board
discussed the proposed legislative program and directed that he
bring back the program for approval with any additional comments
from the Board members.
Supervisor Nickens suggested that the request regarding funds
for law enforcement expenditures (Item 2.a) should be included as
a charter amendment. Supervisor Johnson suggested including it in
both general legislation and charter amendments.
Supervisor Eddy asked for support for his requests that
included limiting courts in rezoning decisions and a local tax on
bingo profits. Mr. Mahoney responded that there was no legislator
willing to sponsor the rezoning legislation.
Following other
discussion, there was no consensus to add Supervisor's Eddy's
requests to the program.
Supervisors Nickens and Johnson questioned the enforceability
of the request that would allow the County to regulate the sounds
of train bells and suggested that this issue be discussed with the
railroad (Item 3.b).
Supervisor McGraw moved to approve the legislative program
wi th Item 3. B removed and Item 2. A included in both general
legislative requests and charter amendment legislation. The motion
743
October 22, 1991
was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ADOPTION 102291-4 OF A LEGISLATIVE PROGRAM FOR ROANOKE
COUNTY FOR THE 1992 SESSION OF THE VIRGINIA GENERAL
ASSEMBLY
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
from time to time adopts a legislative program for submission to
the General Assembly of the Commonwealth of Virginia in order to
address issues of particular significance for and affecting the
citizens of Roanoke County; and
WHEREAS, Roanoke County generally supports the legislative
initiatives of the Virginia Association of Counties and the
Virginia Municipal League, organizations of which it is a member;
and
WHEREAS, the Board of Supervisors deems it to be in the
interests of its citizens to adopt a legislative program for
submission to the 1992 session of the Virginia General Assembly;
and
WHEREAS, this legislative program serves the public interest
of the citizens of Roanoke County by addressing unique and
particular needs of the County and its citizens.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That legislation be adopted by the 1992 session of the
Virginia General Assembly amending the Roanoke County Charter as
follows:
October 22, 1991
74 4
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a. Amend § 2.02 to increase the authority of the County
to levy and collect taxes on hotel and motel rooms from 2% to 4%.
b. Amend § 2.02 to authorize the County to impose a tax
upon the sale or use of cigarettes or other tobacco products.
c. Amend § 12.04 to authorize the Roanoke County School
Board to set the school calendar and establish an earlier date for
the opening of the school year and relieve the County from the
post-Labor Day opening day requirement.
d. Amend Chapter 5, Administrative Departments, by the
addi tion of § 5.02 to provide for law enforcement funding by
establishing a distribution of funds for law enforcement
expenditures in an amount not less than the amount of expenditures
to the county by the state Compensation Board for law enforcement
purposes.
2. That the general laws of the Commonwealth of Virginia be
amended as follows:
a. Amend Article 10 of Title 14.1 to establish a
distribution of funds for law enforcement expenditures for counties
establishing a police force pursuant to referendum in an amount not
less than the amount of expenditures to that county by the state
Compensation Board for law enforcement purposes.
b. Amend general law to provide for a beverage
container deposit.
c. Repeal the Dillon Rule.
d. Amend § 59.1-274 to increase the number of
enterprise zones. The General Assembly is requested to authorize
745
October 22, 1991
the creation of additional enterprise zones so that Roanoke County
may seek such a designation either individually or jointly with
adjacent jurisdictions.
3. That other legislative proposals for consideration by the
1992 session of the Virginia General Assembly are as follows:
a. Amend § 17-79.3 to authorize Roanoke County to
require the tax map parcel number to be included on all deeds for
recordation.
b. To amend S 5G 414 of the Gtate Code to alloy Roano]ce
County to re~ulate the ßounding of a train bell, ~hißtle or horn
at hi~hYay crossings.
c. To amend state law as it relates to the Virginia
Retirement System to allow pre-1981 employees to withdraw
contributions.
d. To amend state law pertaining to the Virginia
Retirement System to authorize the participation of members of
boards of supervisors in the Virginia Retirement System.
4. That the Clerk to the Board of Supervisors of Roanoke
County, Virginia, is hereby directed to send a copy of this
resolution to the members of the local legislative delegation. And
further, that the County staff is hereby authorized to take such
actions as may be necessary to support and implement these
legislative initiatives.
On motion of Supervisor McGraw to approve with Item 3. b
removed and Item 2.a included in both General Legislative requests
and Charter Amendment Legislation, and carried by the following
October 22, 1991
746
recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
~ Request from School Board for acceþtance of qrants
totalinq $180.000 for vocational education Þroqrams.
A-102291-5
Garland Kidd, Director of Vocational and Adult Education was
present to answer questions. Supervisor Johnson moved to accept
the grants. The motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
Request for
surÞlus for
emÞloyees
Supervisor Johnson asked that a portion of the year-end
surplus be allocated to fund a bonus for all county and school
employees in recognition of their contributions since the County
did not fund salary increases this year. Budget Director Reta
Busher advised that a $100 bonus for 2500 employees would cost
$375,000.
L.
$350.000 allocation from year-end
meri torious bonuses for all county
Mr. Hodge responded that he would prefer that the year-
end surplus be set aside in a special account to fund salaries in
the 1992-93 budget.
Supervisor McGraw asked that the staff bring back a list
of alternatives including employee bonuses, future salary increases
74 7
October 22, 1991
and capital needs that could be funded with the year-end surplus.
Supervisor Johnson moved that $350,000 be allocated from
the year-end surplus for meritorious bonuses for all County
employees. The motion was defeated by the following recorded vote:
AYES: Supervisor Johnson
NAYS: Supervisors Eddy, Robers, Nickens, McGraw
IN RE:
AGENDA
PUBLIC HEARING AND FIRST READING OF ORDINANCES - CONSENT
Supervisor Nickens moved to approve first reading and set
the second reading and public hearings for November 19, 1991. The
motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
~ An Ordinance to rezone 2.9 acres from M-2 to R-E to
brinq an existinq nonconforminq use into conformance
with the zoninq ordinance located at 5266 West River
Road. Catawba Maqisterial District. uÞon the
Þetition of Roanoke County Planninq Commission.
~ An ordinance to rezone 12.387 acres from A-1 and M-
2 to A-1 to brinq an existinq nonconforminq use into
conformance with the zoninq ordinance. located 0.8
mile northeasterly from the Þoint of intersection
of Berklev Road. Vinton and Hollins Maqisterial
District. uÞon the Þetition of Roanoke County
October 22, 1991
748
Planninq commission.
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance authorizinq the lease of real estate. a
Þortion of the Old Starkey Sewaqe Treatment Plant
ÞroÞertv. to the Valley Soccer Club.
Parks and Recreation Director Stephen Carpenter presented
the staff report advising that the Soccer Club will be responsible
for maintaining the property and that improvements will revert back
to the County upon termination of the 10 year renewable lease. He
reported that the County will be able to use the fields at no
charge when not in conflict with Valley Soccer Club activities.
In response to a question from Supervisor Eddy, Mr.
Mahoney advised the lease will be available for review at the
second reading on November 19.
Supervisor Nickens moved to approve first reading. The
motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
IN RE:
SECOND READING OF ORDINANCES
~ Ordinance amendinq the Roanoke Countv Code bv the
addition of Article VIII "Fire and Security Alarms"
to ChaDter 16, "Police" to requlate the use and
oDeration of securitv and fire alarm systems.
(CONTINUED TO NOVEMBER 19. 1991)
749
October 22, 1991
IN RE:
APPOINTMENTS
~ Health Department Board of Directors
Supervisor Eddy suggested that appointments to this Board
be eliminated because the Health Department has advised that it is
not an active organization at this time.
IN RE:
CONSENT AGENDA
Supervisor Johnson moved to approve the Consent Agenda
with Item 5 removed for a separate vote. The motion was carried
by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
Supervisor Nickens moved to approve Item 5. The motion
was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Nickens, McGraw.
NAYS: None
ABSTAIN: Supervisor Johnson
RESOLUTION 102291-6 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM L - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. that the certain section of the agenda of the
Board of Supervisors for October 22, 1991, designated as Item L _
Consent Agenda be, and hereby is, approved and concurred in as to
October 22, 1991
75 0 ..
each item separately set forth in said section designated Items 1
through 6, inclusive, as follows:
1.
Approval of Minutes
September 24, 1991.
September 10, 1991,
2
Confirmation of Committee Appointments to
Court-Community Corrections Policy Board,
Industrial Development Authority and
Planning Commission.
the
the
the
3. Request for acceptance of Strathmore Lane and
Cardington Drive into the Virginia Department
of Transportation Secondary System.
4. Acceptance of water and sanitary sewer
facilities serving Bentley Park SUbdivision.
5. Acceptance of water and sanitary sewer
facilities serving Hollins Court.
6. Approval of Raffle Permit for Cave Spring
District Lions Club.
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 approve with Item
5 removed for separate vote, and carried by the following recorded
vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
On motion of Supervisor Nickens to approve Item No.
5, and carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Nickens, McGraw
NAYS:
None
75 1
October 22, 1991
ABSTAIN:
Supervisor Johnson
RESOLUTION 102291-6.b REQUESTING ACCEPTANCE OF
STRATHMORE LANE AND CARDINGTON DRIVE INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD
SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of the following; 0.26
miles of Strathmore Lane from the intersection of Olsen Road to the
cul-de-sac, 0.07 miles of Cardington Drive from the intersection
of Strathmore Lane north to the cUl-de-sac, and 0.15 miles of
Cardington Drive from the intersection of Strathmore Lane south to
the cul-de-sac to be accepted and made a part of the Secondary
System of State Highways under Section 33.1-229 of the Virginia
State Code.
2. That it appears to the Board that drainage easements
and a fifty (50) foot right-of-way for said roads have heretofore
been dedicated by virtue of a certain map\maps known as Bentley
Park Subdivision which map was recorded in Plat Book 12, Page 96,
of the records of the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, on March 20, 1990 and that by reason of
the recordation of said map no report from a Board of Viewers, nor
consent or donation of right-of-way from the abutting property
owners is necessary. The Board hereby guarantees said right-of-
way for drainage.
3. That said roads known as Strathmore Lane and
October 22, 1991
752
Cardington Drive and which are shown on a certain sketch
accompanying this Resolution, be, and the same are hereby
established as public roads to become a part of the state Secondary
System of Highways in Roanoke County, only from and after
notification of official acceptance of said streets or highways by
the Virginia Department of Transportation.
On motion of Supervisor Johnson to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
SuÞervisor Eddv: (1) Asked who will be attending the
Virginia Association of Counties annual conference. He was
informed that Chairman McGraw will be attending at VACo's expense
because he is president of the organization. Others attending
include Supervisor Nickens, Mr. Hodge, Mr. Mahoney and Public
Information Officer Anne Marie Green. (2) Asked about a report
on enforcement of the weed ordinance. Mr. Hodge responded that he
will bring back a report on December 17.
SuÞervisor Nickens: (1) Asked for report regarding
Roanoke County's contributions encouraging tourism in the Roanoke
Valley.
SuÞervisor Johnson: (1) Asked when the audit report
would be ready. Mr. Hodge responded that he will have the report
for the November 19, 1991 meeting and will also schedule an Audit
75 "3
October 22, 1991
Committee meeting for that date. (2)
tourism include both the County's
contributions.
SuÞervisor McGraw: (1) Announced that the VACo/VML
Annexation Task Force will meet at the end of November. (2)
Advised he had recei ved a petition from the ci tizens in west
Roanoke County regarding road improvements to Harborwood Road. He
asked that the petition be included in next year's requests to the
Virginia Department of Transportation.
IN RE:
Asked that the report on
financial and inkind
REPORTS
Supervisor
following reports.
recorded vote:
AYES:
NAYS:
IN RE:
Nickens moved to receive and
The motion was carried by the
file the
following
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
None
~ General Fund Unappropriated Balance
~ Capital Fund Unappropriated Balance
~ Board Continqencv Fund
~ Accounts Paid - September 1991
~ Statement of Expenditures and Revenues as of
September 30. 1991.
~ Reconsideration of rezoninq reauest of 301 Gilmer
Associates.
EXECUTIVE SESSION
At 5: 15 p. m. , Supervisor Nickens moved to go into
October 22, 1991
754
Executive Session pursuant to the Code of Virginia 2.1-344 (a) (7)
for legal consultation regarding the landfill contract and the
Fralin & Waldron court case (Too-Tall Building), and (1) to discuss
a personnel matter regarding appointments to the Library Board.
The motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSiON
R-102291-7
At 5:55 p.m., Supervisor Nickens moved to return to Open
Session and adopt the certification resolution.
The motion was
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 102291-7 CERTiFYING EXECUTIVE MEETING WAS
HELD IN CONFORMiTY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
755
October 22, 1991
Supervisors of Roanoke County, Virginia, hereby certifies that, to
the best of each members knowledge:
1. Only public business matters lawfully exempted
from open meeting requirements by Virginia law were discussed in
the executive meeting which this certification resolution applies,
and
2. Only such public business matters as were
identif ied in the motion convening the executi ve meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
IN RE: APPEAL OF RULING IN FRALIN AND WALDRON COURT CASE
REGARDING "TOO-TALL" BUILDING
Supervisor Robers moved to appeal the recent decision in
the Fralin and Waldron court case regarding the "too tall
building". The motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
EVENING SESSION
Chairman McGraw called the roll and Supervisor Nickens
was absent. He arrived at 7:45 p.m.
October 22, 1991
75 6
IN RE: PROCLAMATION, RESOLUTIONS, RECOGNITIONS AND AWARDS
~ Proclamation declarina the week of November 3
throuah 9. 1991 as Roval Ambassador Week.
Dave Simmons with the Royal Ambassadors was present to
receive the proclamation and introduced the youths who were
invol ved in the program. Supervisor Eddy moved to approve the
proclamation. The motion was carried by a unanimous voice vote
with Supervisor Nickens absent.
IN RE:
PUBLIC HEARINGS
1091-1 Request for a SÞecial ExceÞtion Permit from
Valley Soccer Club. Inc. to construct
recreational soccer fields on a 14.51 acre
tract. located at 6661 Merriman Road. Cave
SÞrinq Maqisterial District.
A-102291-8
Planning and Zoning Director Terry Harrington presented
the staff report. He advised that the property is owned by the
County and was the location of the Starkey Road sewer lagoon. It
is currently zoned M-1 Light Industrial and recreational uses are
permitted with a Special Exception Permit. He reported that the
property is in a floodplain and FEMA requirements will have to be
met, and that the petitioner has received approval for a variance
for the paving requirements.
Rachel Wilkerson, who lives on Merriman Road, was
concerned about whether the fields will be lighted in the future.
757
October 22, 1991
Jim McAden, President of the Valley Soccer Club responded that the
club did not plan on using lights, but may want to add lighting at
some point in the future. Supervisor Eddy suggested adding the
condition that no lights may be added to the fields. The Club
could still come back to the Board in the future and asked that the
condition be removed.
Supervisor Robers moved to approve the Special Exception
Permit with the conditions amended that no lights will be added to
the soccer fields. The motion was carried by the following
recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, McGraw.
NAYS: None
ABSENT: Supervisor Nickens
CONDITIONS
1. There will be no lights at the soccer fields.
IN RE: SECOND READING OF ORDINANCES AND PUBLIC
HEARINGS
1091-2
An ordinance authorizinq a Use Not Provided for
Permit to allow a caretaker's mobile home in
the camþqround. located at 5753 West Main
street. Catawba Maqisterial District. uÞon the
Þetition of Dixie Caverns , Pottery. Inc.
0-102291-9
Mr. Harrington reported that this request is to allow the
caretaker to live at the campground for security purposes.
October 22, 1991
'5 E
Caretaker mobile homes are not permitted in any zoning district
and the application is for uses not provided in the zoning
ordinance.
Supervisor McGraw moved to grant the Use Not Provided for
Permit. The motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, McGraw.
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 102291-9 AUTHORIZING A USE-NOT-
PROVIDED-FOR PERMIT TO ALLOW A CARETAKER' S
MOBILE HOME IN THE CAMPGROUND LOCATED AT 5753
WEST MAIN STREET, CATAWBA MAGISTERIAL DISTRICT
UPON THE APPLICATION OF DIXIE CAVERNS , POTTERY
INC.
WHEREAS, the first reading of this ordinance was held on
September 24, 1991, and the second reading and public hearing was
held October 22, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 1, 1991; 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 a use-not-provided-for permit allowing a
caretaker's mobile home in the campground (a portion of Tax Map
Number 63.04-1-1) located at 5753 West Main Street in the Catawba
Magisterial District is hereby authorized.
2. That this action is taken upon the application of
759
October 22, 1991
Dixie Caverns , Pottery Inc.
3. That the owners have voluntarily proffered the
following conditions in writing which the Board of Supervisors
hereby accepts:
a) The caretaker's mobile home shall be located
so that it is not clearly visible from Route
11.
b) Only one mobile home shall be permitted on this
property.
c) The mobile home shall be located behind the
pottery shop and at least 25 feet from any side
or rear property line.
d) The mobile home shall be completely skirted
with a non-reflective material.
e)
The mobile home shall
stabilized in accordance
code.
be anchored and
wi th the building
4. 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 McGraw to adopt ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
1091-3
An ordinance to amend Þroffered conditions on
a 0.685 acre tract zoned M-1 and obtain a Use
Not Provided For Permit to oÞerate a taxi
service located at 4909 Cove Road, Catawba
October 22, 1991
76 0
Thomas R. Hubbard. Jr.
0-102291-10
Mr. Harrington explained that Mr. Hubbard plans to
operate a 24-hour taxi-cab business from the site. The area is in
a Transition Land Use category, and the Planning Commission
recommended approval of the request 4 - 1.
Supervisor Eddy asked if there was any limit to the
number of taxis that Mr. Hubbard can operate, and Mr. Harrington
responded there is nothing in the conditions that would limit the
number.
Supervisor McGraw moved to approve the request. The
motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson McGraw.
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 102291-10 TO AMEND PROFFERED
CONDITIONS ON THE REZONING OF A o. 685-ACRE
TRACT OF REAL ESTATE LOCATED AT 4909 COVE ROAD
(TAX MAP NO. 37.17-1-5) IN THE CATAWBA
MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF M-1, LIGHT INDUSTRIAL
DISTRICT, TO THE ZONING CLASSIFICATION OF M-
1, LIGHT INDUSTRIAL DISTRICT/CONDITIONAL
(AMENDMENT TO PROFFERS) AND AUTHORIZING A USE-
NOT-PROVIDED-FOR PERMIT TO OPERATE A TAXI
SERVICE UPON THE APPLICATION OF THOMAS R.
HUBBARD JR.
WHEREAS, the first reading of this ordinance was held on
September 24, 1991, and the second reading and public hearing
was held October 22, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a
761
October 22, 1991
public hearing on this matter on October 1, 1991; and,
WHEREAS, legal notice and advertisement has been provided
as required by law; and
WHEREAS, this property was rezoned from B-2, General
Commercial District, to M-l, Light Industrial District, with
proffered conditions, on January 23, 1990.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract of
real estate containing 0.685 acres, as described herein, and
located at 4909 Cove Road (Tax Map No. 37.17-1-5) in the Catawba
Magisterial District, is hereby changed from the zoning
classification of M-l, Light Industrial District, to the zoning
classification of M-l, Light Industrial District/Conditional, with
amended proffered conditions.
2. That a use-not-provided-for permit to operate a taxi
service on a certain tract of real estate containing 0.685 acres,
as described herein, and located at 4909 Cove Road (Tax Map Number
37.17-l-5) in the Catawba Magisterial District, is hereby
authorized.
3. That this action is taken upon the application of
Thomas R. Hubbard Jr.
4. That the owner has voluntarily proffered in writing
the following amendments to proffered conditions approved by the
Board of Supervisors on January 23, 1990, which the Board of
Supervisors hereby accepts:
October 22, 1991
762
~
(a) No outside storage of materials.
(b) Cosmetic improvements to the exterior of the
building.
(c) Plant new shrubs in front of the
building.
(d) The property will be used primarily for the
sale of heating and air conditioning systems
and guttering and related components, and for
the inside storage and fabrication of
materials incidental to such sales and for
office, administrative and other purposes
reasonably related to the acti vi ties above-
described. Also this ÞroÞertv will be used to
oÞerate a taxi cab service.
(e) The total area of all business signs on the
property will not at anyone time exceed the
sum of 1.25 square feet for each lineal foot
of street frontage and in no event more than
300 square feet, regardless of the number of
lineal feet of street frontage.
1!L The storaqe of motor fuels in bulk. either above or
below qround. shall be Þrohibited.
force.
All other proffers and conditions would remain in full
follows:
5. That said real estate is more fully described as
BEGINNING at an iron stake on the northwesterly
right-of-way line of Peters Creek Road, Virginia
Highway Route 117, 146.29 feet northeasterly from
an angle point at the northwesterly corner of
Peters Creek Road and Cove Road, said beginning
point being the northeasterly corner of the
property of Humble Oil Co.; thence leaving Peters
Creek Road and with two lines of the Humble Oil Co.
property N. 74 deg. 21' W. 100.0 feet to an iron
stake; thence s. 34 deg. 28' 30" W. 165.00 feet to
an iron stake on the northerly right-of-way line of
Cove Road (Virginia Highway No. 116); thence with
same, leaving the Humble Oil Co. property N. 74
deg. 21' W. 113.00 feet to an iron stake, a corner
to the property of Mrs. Dorothy H. Whitesell, Mrs.
Geraldine H. Waring and Frances H. Easley; thence
with same and leaving Cove Road, N. 35 deg. 12' 10"
763
October 22, 1991
I
E. 250.0 feet to a point, a new corner; thence with
a new division line through the property of William
Kenney S. 62 deg. 16' 50" E. 201.59 feet to a point
on the northwesterly right-of-way line of Peters
Creek Road; thence with said right-of-way line with
a curved line to the left, having a radius of
2334.83 feet, a chord bearing and distance of S. 36
deg. 59' 35" W. 40.0 feet and an arc distance of
40.00 feet to the point of BEGINNING, containing
0.0685 acres, as shown on plat made by David Dick
& Associates, dated February 26, 1973, which said
plat is recorded in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia, in Deed
Book 968, page 99.
6. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts
of ordinances in conflict with the provisions of this ordinance
shall be, and the same hereby are, repealed.
On motion of Supervisor McGraw to adopt the ordinance,
and carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
1091-4
An ordinance to rezone aÞÞroximatelV 2.15
acres from B-3 to B-2 to construct a motel.
located at the intersection of Plantation Road
and FriendshiÞ Lane. Hollins Maqisterial
District. uÞon the Þetition of Relax. Inc.
0-102291-11
Mr. Harrington reported that the petitioner plans to
construct a two-story 52-unit motel with lobby and pool. Mr.
Harrington reviewed the proffered conditions offered by the
October 22, 1991
764
petitioner. In response to a question from Supervisor Johnson,
Mr. Harrington explained that the stormwater management standards
were proffered so that the petitioner could not request a waiver
of the standards from the staff at a future time. The original
request was for a building that would have a height of up to 100
feet to facilitate visibility from the interstate. The Planning
Commission and the applicant decided to proffer the height of the
building to be no higher than 55 ft above the finished grade.
Supervisor Eddy asked for a determination of what
finished grade meant. Mr. Harrington responded that meant the
property as it is now. The City of Roanoke has a main water
transmission line through the property and will not allow fill
dirt on the line. At this time it is undetermined whether the
City will move the transmission line in the future. Following
discussion of whether the petitioner could use fill dirt in the
future to raise the grade of the property, Mr. Johnson asked how
high the building was going to be in reference to the street. Mr.
Harrington advised that they did not know at this point. Anne
Grove, attorney for the petitioner, explained that the property
falls approximately 25 to 30 feet off Plantation Road and they
considered the finished grade to mean road level and that the
building would rise only about 25 feet above Planation Road. They
have no intention of using fill dirt to create a taller building.
She further explained they were working with the City of Roanoke
regarding movement of the transmission line or easement.
Carol Slate, 7538 Friendship Lane, expressed concern
765
October 22, 1991
-
'--
about the possible water runoff and whether the buffer will
include a fence. Supervisor Johnson advised that the stormwater
management standards will eliminate additional water runoff
problems and Ms. Grove advised that the petitioner is definitely
planning to build a fence.
Supervisor Johnson moved to approve the petition with
proffered conditions.
The motion was carried by the following
recorded vote:
AYES: Supervisors Eddy, Robers, Johnson
NAYS: None
ABSTAIN: Supervisors Nickens, McGraw
ORDINANCE 102291-11 TO CHANGE THE ZONING
CLASSIFICATION OF A 2. 15 ACRE TRACT OF REAL
ESTATE LOCATED AT THE INTERSECTION OF
PLANTATION ROAD AND FRIENDSHIP LANE (TAX MAP
NO. 18.18-2-5) IN THE HOLLINS MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF B-
3, SPECIAL COMMERCIAL DISTRICT, TO THE ZONING
CLASSIFICATION OF B-2, GENERAL COMMERCIAL
DISTRICT, WITH CONDITIONS UPON THE APPLICATION
OF RELAX INC.
WHEREAS, the first reading of this ordinance was held on
September 24, 1991, and the second reading and public hearing was
held October 22, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 1, 1991; 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:
October 22, 1991
766
1. That the zoning classification of a certain tract
of real estate containing 2.15 acres, as described herein, and
located at the intersection of Plantation Road and Friendship Lane,
(Tax Map Number 18.18-2-5) in the Hollins Magisterial District, is
hereby changed from the zoning classification of B-3, Special
Commercial District, to the zoning classification of B-2, General
Commercial District.
2. That this action is taken upon the application of
Relax Inc.
3. That the owner has voluntarily proffered in writing
the following conditions which the Board of Supervisors hereby
accepts:
a) The rezoning request from B-3 to B-2 commercial
is for the purpose of constructing a small two-
story hotel/motel (approximately 50-80 rooms)
designed and franchised by the Hampton Inn
Corporation or some other similar hotel/motel
chain.
b) Applicant agrees to construct this building in
accordance with the BOCA National Building Code
(1990) requirements for the installation of a
sprinkler system on the second floor as
requested by the Roanoke County Building
Inspections Department.
c) Applicant agrees to construct this building no
higher than 55 feet above average finished
767
October 22, 1991
grade.
d)
All
existing
Roanoke
County
stormwater
management standards will be complied with.
4. That said real estate is more fully described as
follows:
BEGINNING at a monument where the north line of
Virginia Secondary Route 1895 intersects with the
east line of Plantation Road (Virginia Highway No.
115); thence with the east line of Plantation Road,
N. 21 deg. 14' W. 233.54 feet to a monument; thence
N. 15 deg. 27' 30" W. 359.65 feet to an iron pin,
passing a monument which is S. 20 deg. 33' E. 4.33
feet from the said iron pin; thence with the line
of a fence S. 47 deg. 52' E. 597.40 feet to an iron
pin on the north line of Virginia Secondary Highway
No. 1895; thence with the north line of Virginia
Secondary Highway No. 1895, S. 57 deg. 18' W. 310.24
feet to the point and place of BEGINNING, containing
2.15 acres, as more particularly shown on survey
made by David Dick & Associates, Engineers and
Surveyors, dated 28 December 1972.
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 Eddy, Robers, Johnson
NAYS: None
ABSTAIN: Supervisors Nickens, McGraw
1091-5 A resolution authorizinq a SÞecial Use Permit
to oÞerate a stumÞ and construction debris
landfill on a 74.86 acre tract located on the
October 22, 1991
76 8 .
east side of Merriman Road. 800 feet north of its
intersection with Token Road. Cave sÞring
Maqisterial District. uÞon the petition of Joe Bandv
and Son. Inc.
0-102291-12
Mr. Harrington reported that the landfill will be used
to dispose of tree stumps, concrete and asphalt. Approximately 25
acres will be an active landfill area. The conditions from a
Special Use Permit issued in 1988 for an existing adjacent landfill
are being complied to by Mr. Bandy. Mr. Bandy has not yet received
a permit from the Department of Waste Management for the existing
landfill. The petitioner has agreed to six proffered conditions
and the Planning Commission recommended approval.
In response to questions from Supervisor Johnson, Mr.
Harrington advised that the County does not currently inspect
landfills such as these. Ed Natt, attorney for the petitioner
advised that the state permit regulates the construction,
operation, closing and post-closing of the landfill. He estimated
there will be 25 to 30 trucks going to the landfill a day.
Supervisor Eddy expressed concern about the dust from the truck
trips, and Mr. Natt responded that Mr. Bandy would be willing to
improve the access road to eliminate the dust.
Supervisor Nickens expressed concern that the state would
not monitor the landfill in regard to complying with the
regulations. He asked the staff to work with the petitioner to
ensure that appropriate inspections takes place. Mr. Natt
responded that Mr. Bandy would be willing to proffer any county-
76 9
October 22, 1991
wide regulations regarding inspections.
Mr. Mahoney suggested
adding the proffer that would include adherence to any future
county-wide regulations, and that staff develop a county ordinance
to address this.
Jerry Higginbotham, 7215 Hollyberry Road, spoke in
support of the request because it would help to eliminate small
illegal dumps.
Supervisor Robers moved to approve the Special Use Permit
with the additional conditions that: (1) the 400 foot access road
will be paved and (2) the petitioner will agree to abide by any
future regulations regarding county-wide inspections of landfills.
The motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 102291-12 GRANTING A SPECIAL USE
PERMIT TO JOE BANDY , SON INC. TO OPERATE A
STUMP AND CONSTRUCTION DEBRIS LANDFILL ON A
74.86 ACRE TRACT LOCATED ON THE EAST SIDE OF
MERRIMAN ROAD (ROUTE 613) 800 FEET NORTH OF ITS
INTERSECTION WITH TOKEN ROAD (ROUTE 684), CAVE
SPRING MAGISTERIAL DISTRICT
WHEREAS, the Planning Commission held a public hearing
on this matter on October 1, 1991; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a public hearing on this matter October 22, 1991.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a special
770
"
October 22, 1991
exception permit for the location and operation of a stump and
construction debris landfill is substantially in accord with the
adopted 1985 Comprehensive Plan pursuant to the provisions of §
15.1-456 (b) of the 1950 Code of Virginia, as amended.
2. That the Board hereby grants a Special Use Permit
to Joe Bandy & Son Inc. to operate a stump and construction debris
landfill on a 74.86 acre tract of land located on the east side of
Merriman Road (Route 613) 800 feet north of its intersection with
Token Road (Route 684), in the Cave Spring Magisterial District,
subject to the following conditions:
a. Active landfilling will not be conducted on
more than 25 acres.
b. A minimum buffer of 400 feet shall be
established from any portion of fill area to
any point on the property boundary.
c. Operating hours shall be limited to 7:30 a.m.
to 5:30 p.m., Monday through Saturday.
d. Building construction or demolition debris,
such as lumber, drywall, and roofing will not
be permitted to be landfilled on this site.
e. This site will not be utilized as a landfill
until a permit is received from VDWM and copy
of such submitted to the County.
f. The gatehouse will not be visible from Route
613.
g. The 400-foot access road will be paved.
77 1
October 22, 1991
-
-
h. Petitioner agrees to abide by any future
regulations regarding County-wide inspections.
On motion of Supervisor Robers to adopt ordinance with
additional conditions that 400 foot access road will be paved and
petitioner will agree to abide by any future regulations regarding
county-wide inspections, and carried by the following recorded
vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
1091-6
An ordinance to rezone aÞÞroximatelY 0.20 acre
from B-1 to B-2 to allow retail uses, located
on the west side of U. S. 220, Red Hill area,
Cave SÞrinq Maqisterial District uÞon the
Þetition of Maxey Homes, Inc.
0-102291-13
Mr. Harrington reported that this request was continued
by the Planning Commission to resolve concerns regarding access and
parking on the site. The staff and commission felt that if there
was any additional use other than an antique shop, the property
would not meet the standards for parking, and VDOT might not be
able to issue commercial entrance permits for this property if the
use was changed. A proffered condition now restricts use of this
property to its current use as an antique store. This would allow
Mr. Maxey or a future owner to continue to operate an antique store
and eliminate the non-conforming use status of the property.
October 22, 1991
772.
Supervisor Robers moved to approve the request.
The
motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 102291-13 TO CHANGE THE ZONING
CLASSIFICATION OF A 0 .20 ACRE TRACT OF REAL
ESTATE LOCATED ON THE WEST SIDE OF US 220, RED
HILL AREA, (TAX MAP NO. 98.04-2-20) IN THE CAVE
SPRING MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF B-1, OFFICE DISTRICT, TO THE
ZONING CLASSIFICATION OF B-2, GENERAL
COMMERCIAL DISTRICT, WITH CONDITIONS UPON THE
APPLICATION OF MAXEY HOMES INCORPORATED
WHEREAS, the first reading of this ordinance was held on
July 23, 1991, and the second reading and public hearing was held
October 22, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 1, 1991; 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 0.20 acre, as described herein, and
located on the west side of US Route 220, Red Hill area, (Tax Map
Number 98.04-2-20) in the Cave Spring Magisterial District, is
hereby changed from the zoning classification of B-1, Office
District, to the zoning classification of B-2, General Commercial
District.
773
October 22, 1991
2. That this action is taken upon the application of
Maxey Homes Incorporated.
3. That the owner has voluntarily proffered in writing
the following conditions which the Board of Supervisors hereby
accepts:
a. The use of the property as a B-2 use will be
limited to antique shops.
4. That said real estate is more fully described as
follows:
BEGINNING at an iron on the west side of US Route
220 at the southerly corner of the 0.20 acre tract
being herein described; thence with a new division
line through the property of Howard T. Campbell
estate, N. 63 deg. 35' W. 30 feet to an iron; thence
N. 20 deg. 31' w. 30.9 feet to an iron; thence N.
6 deg. 27' W. 79.7 feet to an iron; thence N. 15
deg. 26' W. 130 feet to an iron; thence still with
a new division line N. 66 deg. 08' E. 60.8 feet to
an iron on the west side of a driveway, which
driveway is not included in the real property hereby
conveyed; thence S. 23 deg. 43' E. 93.35 feet to an
iron on the west side of US Route 220; thence with
the west line of US Route 220 S. 3 deg. 37' W. 186.3
feet to the BEGINNING and containing 0.20 acre and
being as more fully shown on survey made by T. P.
Parker, S.C.E. dated 12 June 1965.
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 Robers to adopt the ordinance,
and carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
October 22, 1991
77,*
1091-7
An ordinance to rezone 4.647 acres from R-3 to
B-2 for qeneral commercial uses. located on the
south side of Peters Creek Road at its
intersection with Barrens Road. Hollins
Maqisterial District. uÞon the Þetition of
FriendshiÞ Manor AÞartment Villaqe CorÞ.
A-102291-14
Mr. Harrington advised that this request will allow the
site to be developed for commercial uses. There is no proffered
site plan nor have any uses been proposed. VDOT will require a
commercial entrance permit and the staff will require a site plan
review for any of the potential uses.
Supervisor Nickens asked about fire protection or
sprinklers and adequate water pressure. Mr. Harrington advised
that the BOCA Code requires sprinklers for certain uses, and that
there is not even sufficient flow for the current zoning of the
property. In response to a question from Supervisor Eddy regarding
a site plan, Mr. Harrington responded that the applicant did not
wish to proffer a site plan.
Supervisor Nickens expressed concern about the inadequate
water pressure that could create criticism of the County in the
future for allowing this use. Mr. Johnson felt that the
petitioner will have to meet the code with the limited water
pressure.
Supervisor Johnson moved to approve the request. The
motion was carried by the following recorded vote:
77 5
October 22, 1991
-
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 102291-14 TO CHANGE THE ZONING
CLASSIFICATION OF A 4.647-ACRE TRACT OF REAL
ESTATE LOCATED ON THE SOUTH SIDE OF PETERS
CREEK ROAD AT ITS INTERSECTION WITH BARRENS
ROAD (PART OF TAX MAP NOS. 27.13-5-47, 48, 49
AND PART OF TAX MAP NOS. 27.17-4-13 AND 27.14-
2-8) IN THE HOLLINS MAGISTERIAL DISTRICT FROM
THE ZONING CLASSIFICATION OF R-3 TO THE ZONING
CLASSIFICATION OF B-2 WITH CONDITIONS UPON THE
APPLICATION OF FRIENDSHIP MANOR APARTMENT
VILLAGE CORP.
WHEREAS, the first reading of this ordinance was held on
August 27, 1991, and the second reading and public hearing was held
on October 22, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 1, 1991; 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 4.647 acres, as described herein, and
located on the south side of Peters Creek Road at its intersection
with Barrens Road, (Part of Tax Map Numbers 27.13-5-47, 48, and 49
and Part of Tax Map Numbers 27.17-4-13 and 27.14-2-8) in the
Hollins Magisterial District, is hereby changed from the zoning
classification of R-3, MUlti-Family Residential District, to the
zoning classification of B-2, General Commercial District.
2. That this action is taken upon the application of
October 22, 1991
776
FRIENDSHIP MANOR APARTMENT VILLAGE CORP.
3. That the owner has voluntarily proffered in writing
the following conditions which the Board of Supervisors hereby
accepts:
a. To maX1m1ze safety of ingress and egress to
property along Barrens Road, the commercial
entrance to the parcel bordering Barrens and
Peters Creek Road shall be aligned with the
proposed bus exit near the front of Burlington
School.
4. That said real estate is more fully described as
follows:
BEGINNING at an iron pin found on the eastern right-
of-way of Southern Drive, 50' wide; said pin being
202.24 feet from the intersection of the southern
right-of-way of Peters Creek Road (Virginia State
Route 117) and the eastern right-of-way of Southern
Drive; thence with a line parallel to Peters Creek
Road N. 71 deg. 59' 11' E. 410.63 feet to a point
on the western right-of-way a 50' private mutual
cross access easement (see Plat Book 13, page 138,
Roanoke County Circuit Court); thence with the
western right-of-way of said easement S. 14 deg. 32'
29" E. 68.41 feet to a point of curvature; thence
continuing with said right-of-way with a curve whose
radius is 405.57 feet, a delta of 12 deg. 00' 00",
an arc of 84.94 feet, a chord bearing of S. 20 deg.
32' 29" E. and a chord distance of 84.79 feet to a
point of tangency; thence S. 26 deg. 32' 29" E.
296.16 feet to a point of curvature; thence with a
curve whose radius is 255.00 feet, a delta of 9 deg.
51' 15", an arc of 43.86 feet, a chord bearing of
S. 31 deg. 28' 06" E. and a chord distance of 43.80
feet to a point; thence leaving the western right-
of-way of said easement S. 63 deg. 55' 50" W. 391.30
feet to a point on the eastern right-of-way of
Southern Drive; thence with the eastern right-of-
way of Southern Drive N. 26 deg. 04' 10" W. 548.72
feet to the point and place of BEGINNING and
containing 4.647 acres.
5. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
777
October 22, 1991
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 Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
CITIZEN COMMENTS AND COMMUNICATIONS
~ Chris Barlow. Blue Ridqe Environmental Network to
sþeak concerninq the Gartlan Bottle Bill
Mr. Barlow asked for Board support for a feasibility
study by the Fifth Planning District Commission of the Gartlan
Bottle Bill. Supervisor Eddy advised that the 5th PDC has limited
funds and staff for such a study.
It was suggested that the
Landfill Board might be interested in assisting in this study.
Supervisor Eddy advised he would discuss this possibility with the
Fifth Planning District Commission.
Mr. Barlow provided
information for Supervisor Eddy.
IN RE:
ADJOURNMENT
At 8:55 p.m., Supervisor Robers moved to adjourn to 4:30
p.m., on October 23, 1991 at the Vinton War Memorial for the
purpose of a joint meeting with Roanoke City Council, Vinton Town
Council, the Landfill Board and the Roanoke County Resource
Authority. The motion carried by a unanimous voice vote.
Á~ û. 7))c.~~
Yt¡ /)<I,.
Steven A. McGraw, Chairman