1/27/1987 - Regular
January 27, 1987
, 28~
Roanoke County Board of Supervisors
Roanoke County Administration Cente
3738 Brambleton Avenue, SW
Roanoke, Virginia 24018
January 27, 1987
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 January, 1987
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 2:00
p.m. The roll call was taken.
MEMBERS PRESENT:
Chairman Bob L. Johnson; Vice-Chairman Lee
Garrett; Supervisor Alan H. Brittle
MEMBERS ABSENT:
Supervisors Steven A. McGraw and Harry C.
Nickens
(Supervisor McGraw arrived at 2:05 p.m. an
Supervisor Nickens arrived at 2:07 p.m.)
STAFF PRESENT:
Elmer C. Hodge, County Administrator, John
M. Chambliss, Assistant County
Administrator of Management Services; John
R. Hubbard, Assistant County Administrator
of Public Facilities; Timothy W. Gubala,
Assistant County Administrator of Communit
Development; Paul M. Mahoney, County
Attorney, Linda Lehe, Assistant County
Attorney; Alfred Anderson, County
Treasurer; Clifford Craig, Director of
utilities; D. Keith Cook, Director of Huma
Resources; Kathy Claytor, Personnel
Analist; Diane Hyatt, Director of Finance,
Janet Holt-Johnstone, Public Information
Officer; Mary H. Allen, Acting Deputy Cler
IN RE:
OPENING CEREMONIES
.·,~84:
January 27, 1987
The invocation was given by John M. Chambliss,
Assistant County Administrator for Management Services. The
Pledge of Allegiance was recited by all present.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of Appreciatioan to Martha H. Matthews
Upon Her Retirement: Chairman Bob L. Johnson presented a
Resolution of Appreciation to Martha Matthews upon her retirement
after thirty-one years with Roanoke County.
RESOLUTION OF APPRECIATION
TO MARTHA H. MATTHEWS UPON HER RETIREMENT
WHEREAS MARTHA H. MATTHEWS was first employed in
January of 1952 as a Typist in the Public Works Department; and
WHEREAS, Martha H. Matthews has also served as a
teacher in the County School System, as a typist in the office of
Juvenile & Domestic Relations Court, and since July, 1962, as
Secretary-Bookkeeper and Account Clerk in the Roanoke County
Library System.
NOW THEREFORE BE IT RESOLVED that the Board of
Supervisors of Roanoke County expresses its deepest appreciation
and the appreciation of the citizens of Roanoke County to Martha
H. Matthews for her 31 years of capable, loyal and dedicated
service to Roanoke County.
FURTHER, the Board of Supervisors does express its best
wishes for a happy, restful and productive retirement.
On motion of Superviosr Garrett, seconded by Supervisor Brittle
and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett and Johnson
NA YS : None
ABSENT: Supervisors McGraw and Nickens
January 27, 1987
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2. Presentation of Annual Employee Service Awards:
Elmer Hodge, County Administrator announced that many employees
were unable to be present because of the inclement weather, and
additional awards will be presented at the February 10, 1987
meeting. D. Keith Cook, Director of Human Resources, presented
service awards to the following employees: 30 Year Award - Mary
Hicks; 20 Year Award - James E. Robertson; 15 Year Award - Edwar
E. Burford; 10 Year Award - Edna F. Lawon, Sarah S. AIls, Sherma
A. Cable, John W. Birckhead, Jr., Charles R. Hart, Jack J.
Heidman, Stephen P. Huff, Michael J. Simpson, James T. Nininger,
Jr., Billy H. McDaniel, William R. Hammond, Jr.; 5 Year Award -
Richard L. Rock, Linda P. Powell, Louise R. Eakin, Francis W.
Birkart, III, Linda C. Bolen, Jeffrey M. Swortzel, Michael J.
Warner, Floyd D. Sweeten burg , Geneva Wallace, Gary L. Robertson,
Arnold Covey, Jean Clinevell, Margaret Whitescarver.
IN RE: NEW BUSINESS
1. Request from the City of Roanoke for support of
federal and state funding for the Roanoke Regional Airport
Terminal Building Mr. Hodge announced he had received a letter
from Roanoke City Manager, W. Robert Herbert, requesting officia
support in the form of a resolution for federal and state fundin
for the new airport terminal building. This would require no
county funding, but endorsement for federal and state funding
only. Supervisor Nickens asked that this item be tabled until
after Executive Session.
2. Authorization to execute an agreement with Valley
Metro: Mr. Hodge reported that the agreement would enable
Greater Roanoke Transit Company to provided limited service to
and from Edinburgh Square. The cost for this service will be
borne by GRTC.
, 286
January 27, 1987
Supervisor Brittle moved that the County Administrator
be authorized to execute the agreement. The motion was seconded
by Supervisor McGraw and carried by the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
3. Authorization for Utility Director to construct
off-site water facilities in certain cases: utility Director
Clifford Craig stated the County Ordinance authorizes the Utility
Director to give credits to developers up to one-half the
off-site facility fees for facilities they construct for water.
Studies have shown that there is a less costly way for Roanoke
County to handle this whereby the County would either construct
the facilities or contract directly with the contractor who is
constructing the facilities. Staff is recommending that the
utility Director be authorized to use one-half the off-site
facility fees to construct the facility. This would require no
additional staff time.
Supervisor Garrett moved the staff recommendation. The
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES: Supervisor Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
4. Authorization to execute a reimbursement
agreement for sewer line installation in Merriman Estates:
Mr. Craig stated Mr. Lee Henderson has installed a sewer line
extension as part of the Merriman Estates Development, and has
provided an easement across his property in order that the sewer
can serve adjoining land. He has requested a reimbursement for
the cost of this sewer line. The agreement would be for $375 per
lot for a maximum reimbursement of $1,500 for a period of five
years. There are four lots involved.
Supervisor Brittle moved that the County Administrator
be authorized to execute a reimbursement agreement for the sewer
January 27, 1987
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line installation in Merriman Estates. The motion was seconded
by Supervisor McGraw and carried by the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
IN RE: REQUESTS FOR WORK SESSIONS
1. Supervisor Johnson requested a work session on the
Comprehensive Plan, including recent amendments and changes to b
held on February 10, 1987.
2. County Administrator Elmer C. Hodge requested a
work session on the expansion of the sewer system to be held on
February 10, 1987.
IN RE:
APPOINTMENTS
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Brittle: Asked when the report on the
possibility of televising board meetings will be available. Mr.
Hodge stated the information was being compiled and would be
available on February 10, 1987.
Superviosr Brittle also asked if it was possible to extend the
deadline for business licenses, dog tags and filing personal
property taxes, since the County offices closed for several days
due to inclement weather.
County Attorney Paul Mahoney stated
these deadlines were set by County Ordinance and the dates could
not be changed without amending the ordiance. Supervisor Brittl
asked the County Administrator to study the feasibility of
keeping the County offices open during inclement weather, and
investigate how other localities handle similar situations.
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January 27, 1987
Supervisor Brittle announced that he understands that one member
of the Board of Equalization is now out of the area for three
months. County Attorney Paul Mahoney stated he would request
an amendment from the Judge allowing another member to be
appointed, and would report back to the Board with his findings.
Supervisor Brittle requested that all departments inform the
individual Board members of any meetings affecting their
district.
Supervisor Brittle moved that the second meeting of the month on
the fourth Tuesday begin at 3:00 p.m. and the first meeting of
the month continue to begin at 2:00 p.m. Supervisor Nickens
seconded the motion, and the motion carried by the following
recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
Supervisor Nickens: Requested a letter of commendation be sent
to the Highway Department in recognition of their efforts during
the recent snow.
IN RE:
CONSENT AGENDA
Supervisor Nickens moved that the Consent Agenda be
approved. The motion was seconded by Supervisor Garrett.
RESOLUTION NO. 12787-6 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
~ounty, Virginia, as follows:
1. That that certain section of the agenda of the
~oard of Supervisors for January 27, 1987, designated as Item J -
January 27, 1987
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Consent Agenda be, and hereby is, approved and concurred in as t
each item separately set forth in said section designated Items
through 3, inclusive, as follows:
1. Minutes of Meeting - January 5, 1987.
2. Request for Bingo Permit from the Vinton Moose
Lodge $1121.
3. Confirmation of Committee Appointments to the
Building Code Board of Adjustments and Appeals, th
Community Corrections Resources Board, the Court
Service Unit Advisory Council - Youth and Family
Services and the Recreation Commission.
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 Nickens, seconded by Supervisor
Garrett and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
IN RE: EXECUTIVE SECTION
At 3:00 p.m. Supervisor Johnson moved to go into
Executive Session purusant to the Code of Virginia Section
2.1-344 (a) (2), (6) to discuss the Regional Airport Commission
Contract, potential litigation with Friendship Manor, the Red
Lane annexation suit, and a real estate matter. The motion
carried by a unanimous voice vote.
IN RE:
OPEN SESSION
Supervisor Garrett moved to go into Open Session at
3:50 p.m. The motion carried by a unanimous voice vote.
IN RE: TABLED ITEM FROM NEW BUSINESS
., '2,90
January 27, 1987
1.
Request from the City of Roanoke for support of
federal and state funding for the Roanoke Regional Airport
terminal buildinq: This item had been tabled previously for
discussion in Executive Session. Supervisor Brittle moved
approval of the following prepared resolution. Supervisor
Garrett seconded the motion.
RESOLUTION 12787-2 URGING THE UNITED
STATES AND AND COMMONWEALTH OF VIRGINIA
TO RECOGNIZE THE CRITICAL RELATIONSHIP
BETWEEN IMPROVEMENTS AT ROANOKE REGIONAL
AIRPORT, AND THE ECONOMIC DEVELOPMENT
POTENTIAL OF WESTERN VIRGINIA, AND
FURTHER URGING THE UNITED STATES AND
COMMONWEALTH TO PROVIDE THE MAXIMUM
ELIGIBLE FEDERAL AND STATE FUNDING FOR
CONSTRUCTION OF IMPROVEMENT AT SUCH
AIRPORT.
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
Whereas, Roanoke Regional Airport, Woodrum Field (the
"Airport") services the air transportation needs of all western
Virginia;
WHEREAS, adequate air transportation is essential to
the economic development of western Virginia, and improvements at
the Airport will affect the future growth of communities relying
on the Airport for their air transportation needs;
WHEREAS, the Airport was not built to handle its
present volume of passenger traffic, and construction of a new
terminal of approximately 80,000 square feet with a
double-loading concourse at a cost of approximately $22,000,000
is necessary to meet the air transportation needs of western
Virginia; and
WHEREAS, because of the impact of these needed
improvements at the Airport on interstate commerce and economic
development of the entire region, the United States and the
Commonwealth of Virginia should provide the maximum eligible
Federal and State funding, respectively, for the required
improvements at the Airport.
January 27, 1987
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THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County as follows:
1. The United States and the Commonwealth of Virginia
are urged to recognize the critical relationship between much
needed improvements at Roanoke Regional Airport, Woodrum Field,
and the economic development needs of all western Virginia and t
provide the maximum eligible Federal funding through the Federal
Aviation Administration and the maximum eligible State funding
through the Virginia Department of Aviation for such terminal
improvements.
2. The Deputy Clerk is directed to forward an
attested copy of this resolution to the Honorable John W. Warner,
Member, United States Senate; the Honorable Paul S. Trible, Jr.,
Member, United States Senate; The Honorable James R. Olin, Membe
of Congress, Members of the General Assembly representing Roanok
County, and Mary F. Parker, Clerk, City of Roanoke.
On motion of Supervisor Brittle, seconded by Superviso
Garrett, and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS None
IN RE:
DINNER RECESS
Chairman Johnson declred a dinner recess at 3:55 p.m.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting back to order at
7:00 p.m.
IN RE:
FIRST READING OF ORDINANCES
1. Ordinance acce an offer for and authorizin
the conveyance of surplus real estate, "Cooks Bottom" property:
., 2 ~2
January 27, 1987
ounty Attorney Paul Mahoney announced an offer had been received
Cooks Bottom real estate. It consists of 14
cres of real estate located in Salem. Supervisor Johnson moved
to approve the first reading of the ordinance. The motion was
econded by Supervisor Brittle and carried by a unanimous roll
vote.
2. Ordinance amending Chapter 21, "Taxation" of the
Count ents in lieu of real
taxa tion
valuation, calculation of service
a eals: Mr. Mahoney stated
ordinance allows the County to impose a service charge on
ertain tax exempt property within the County. The service
commence on January 1, 1988. The purpose of the
ervice charge is to furnish police and fire protection, and
ollection and disposal of refuse.
Dr. Nickens requested that all potential taxable
be notified before the second reading. Mr. Mahoney
there are in excess of 100 groups who could be
by this service charge. Supervisor Johnson directed the
notify as many groups as possible. Dr. Nickens asked if
he Commissioner of Revenue was involved in the drafting of the
rdinance. Mr. Mahoney responded that draft copies had been sent
o both the Commissioner of Revenue and the Treasurer. In
esponse to another question, Mr. Mahoney stated that faculty and
taff housing must receive a twelve-month notice prior to
'mposition of the service charge.
Supervisor Nickens moved to approve the first reading
ordinance. The motion was seconded by Supervisor Johnson
carried by a unanimous roll call vote.
3. Ordinance authorizating the acquisition of a
ht of wa across the Blue Rid e Parkwa
Mr. Mahoney stated this ordinance is for acquisition
and sewer lines as part of the Clearbrook Water Project.
January 27, 1987
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Supervisor Brittle moved to approve the first reading
of the ordinance. The motion was seconded by Supervisor Nickens
and carried by a unanimous roll call vote.
IN RE: SECOND READING OF ORDINANCES
1. Ordinance accepting an offer for and authorizing
the conveyance of surplus real estate, Old Bent Mountain Fire
Station: Mr. Mahoney reported that the County had received an
offer from David W. Peters in the amount of $30,000 for this
property, and no other offers had been received.
Supervisor Garrett moved to approved the second readi
of the ordinance. The motion was seconded by SUpervisor Nickens.
ORDINANCE 12787-7 ACCEPTING AN OFFER FOR
AND AUTHORIZING THE CONVEYANCE OF SURPLUS
REAL ESTATE, OLD BENT MOUNTAIN FIRE
STATION
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of §18.04 of the
Charter of Roanoke County, a first reading concerning the sale
and disposition of the hereinafter described real estate was hel
on January 13, 1987. A second reading on this matter was held
January 27, 1987. This real estate consists of approximately
.443 of an acre located on State Route 221, Tax Map No.
111-1-17.
2. That offers having been received for the old Bent
Mountain Fire Station, the offer of David W. Peters in the amoun
of $30,000 is hereby accepted and all other offers are rejected
and
3. That the County Administrator is authorized to exe
cute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the conveyance of said pro
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January 27, 1987
perty, all of which shall be upon form approved by the County
Attorney.
On motion of Supervisor Garrett, seconded by Supervisor
Nickens and upon the following recorded vote:
AYES: Supervisors Garrett, McGraw, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Brittle
2. Ordinance authorizinq the acquisition of .017
acre of real estate from the Catawba Hospital: Mr. Mahoney
announced that Catawba Hospital had agreed to donate this
property to Roanoke County for use in expanding the fire station
in that area. There are some incidental costs involved in this
transaction.
Supervisor McGraw moved to approve the second reading
of the ordinance. The motion was seconded by Supervisor Garrett.
ORDINANCE 12787-8 AUTHORIZING THE
ACQUISITION OF .017 ACRE OF REAL ESTATE
FROM THE CATAWBA HOSPITAL
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of §18.04 of the
Charter of Roanoke County a first reading concerning the acquisi-
tion of the hereinabove described real estate was held on
January 13, 1987. The second reading on this matter was held on
January 27, 1987.
2. That the County shall acquire this real estate from
the Catawba Hospital for the purpose of expanding the fire sta-
tion in the vicinity of the Catawba Hospital in order to improve
public safety. Catawba Hospital will donate this real estate
consisting of approximately 0.17 acre (a portion of Tax Map No.
7.00-1-5) to Roanoke County. The County will pay any costs in-
volved in this conveyance.
3. That the County Administrator is authorized to exe-
cute such documents and take such actions on behalf of Roanoke
January 27, 1987
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County as are necessary to accomplish the acquisition of said
real estate, all of which shall be upon a form approved by the
County Attorney.
On motion of Supervisor McGraw, seconded by Supervisor
Garrett and upon the following recorded vote:
AYES: Supervisors Garrett, McGraw, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Brittle
IN RE:
PUBLIC HEARINGS
187-1
Request from FRIENDSHIP MANOR APARTMENT VILLAGE
Corporation for Resolution to the General Assembly
to classify and desiqnate as exempt from taxation,
pursuant to Section 6 (a) (6) of Article X of the
Constitution of Virginia, property located in the
County of Roanoke
County Attorney Paul Mahoney reported that when the
Board authorized the settlement of pending litigation with
Friendship Manor on January 13, 1987, one element of the
settlement was that the Board approve a resolution to the Genera
Assembly supporting the tax-exempt status of Friendship Manor
Apartment Village. He requested that the prepared resolution
be amended to designate Friendship Manor Apartment Village
instead of Friendship Manor, Inc.
Caldwell Butler, Attorney for Friendship Manor spoke i
support of this petition. He stated that Friendship Manor
Apartment Village had qualified for a 50lC3 designation stating
their income was not taxable, and that they conduct themselves a
a non-profit organization. He further stated that 116 units are
located in the City and 225 are located in the County. The
portion located in the City has been exempt from taxation.
, 2.9·6-
January 27, 1987
Commissioner of the Revenue R. Wayne Compton spoke in
opposition to this petition and presented documents which he felt
supported his position.
No other citizens spoke in opposition to the petition.
Supervisor Nickens stated that he felt there was
sufficient evidence that Friendship Manor Apartment Village was
a taxable entity, and approval of this resolution was contrary
to previous opinions of the Attorney General. He also questioned
whether the documents presented support the request for
tax-exempt status. His main concern was that no member of the
board or legal counsel has had an opportunity to review the
legislation that has been submitted to the General Assembly for
consideration.
Chairman Johnson requested that Mr. Butler provide a
copy of the draft legislation to County Attorney, and Mr. Butler
stated he would comply. Chairman Johnson announced this had been
a very difficult decision for all board members and he thanked
the County Administrator and County Attorney for their work on
the proposed settlement.
Supervisor Johnson moved to approve the prepared
resolution as amended by the County Attorney. The motion was
seconded by Supervisor Brittle.
RESOLUTION 12787-9 TO THE GENERAL ASSEMBLY
SUPPORTING TAX EXEMPTION OF PROPERTY OWNED BY
FRIENDSHIP MANOR APARTMENT VILLAGE
CORPORATION AND USED FOR CHARITABLE AND
BENEVOLENT PURPOSES ON A NON-PROFIT BASIS
WHEREAS, Friendship Manor Apartment Village Corporation has
requested this Board, pursuant to Section 30-19.04 of the Code of
Virginia, as amended, to adopt a resolution addressed to the
ßeneral Assembly to classify and designate as exempt from
~axation, pursuant to Section 6(a) (6) of Article X of the
~onstitution of Virginia, property located in the County of
~oanoke, owned by it and used for charitable and benevolent
þurposes; and
January 27, 1987
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WHEREAS, a public hearing at which all citizens had an
opportunity to be heard with respect to the request of Friendshi
Manor Apartment Village Corporation was held by the Board on
January 27, 1987; and
WHEREAS, the provisions of subsection B of Section 30-19.04
of the Code of Virginia, as amended, have been examined and
considered by the Board; and
WHEREAS, Friendship Manor Apartment Village Corporation,
pursuant to Section 58.1-3650.151 of the Code of Virginia, as
amended, has been classified and designated as to its properties
in the City of Roanoke, as a charitable and benevolent
organization within the context of Section 6(a) (6) of Article X
of the Constitution of Virginia;
BE IT RESOLVED that the Board of Supervisors of the County
of Roanoke supports the classification and designation of
Friendship Manor Apartment Village Corporation as a charitable
and benevolent organization; and
BE IT FURTHER RESOLVED that the Board supports the exemptio
from taxation of property located in the County of Roanoke, owne
by Friendship Manor Apartment Village Corporation, and used
exclusively by it for charitable and benevolent purposes on a no
profit basis.
On motion of Supervisor Johnson, seconded by Supervisor
Brittle and the following recorded vote:
AYES:
Supervisors Brittle, Garrett, McGraw, and Johnson
NAYS:
Supervisor Nickens
187-2
Petition of JELCO CONSTRUCTION COMPANY, INC., to
amend the existing conditions on the rear portion of
the property located north and east of Mick or Mach on
Route 221 in the CAVE SPRING MAGISTERIAL DISTRICT (Hela
over from December 16, 1986)
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January 27, 1987
Chairman Johnson announced that the petitioner has
requested that this hearing be continued until Feburary 24, 1987.
187-3
Petition of SPRINGWOOD ASSOCIATES to amend the
conditions on a 0.606 acare parcel to allow
construction of a retail business, located adjacent to
3513 Brambleton Avenue in the WINDSOR HILLS MAGISTERIAL
DISTRICT
Assistant County Administrator Timothy Gubala announced
that the petitioner has requested a 30 day continuance on this
rezoning.
187-4
Petition of WILLARD N. AND KATHERINE B.JAMES
requesting rezoning of 4.68 acres loated at 6858 Quail
Place from R-l Residential to RE Residential Estate to
allow nomore than four hourses for pleasure located in
the HOLLINS MAGISTERIAL DISTRICT
Mr. Gubala reported that the purpose of this rezoning
is to allow the petitioners to keep horses on their property.
The Planning Commission voted unanimously to recommend approval.
Katherine B. James was present and stated she would
keep no more than four horses on the property.
There was no one present in opposition to this matter.
Supervisor Johnson moved to approve the rezoning from
R-l Residential to RE Residential Estates. The motion was
seconded by Supervisor Brittle.
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcel 28,13-01-34.1 2716-06-09 and recorded in Deed Book
1248, page 245, and legally described below, be rezoned from R-l
District to RE District.
January 27, 1987
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BEGINNING at a railroad spike set on the south side
of a 20 foot perpetual right of way, said point being
approximately 0.2 miles west of Va. Sec. Rte. 1913,
said point being of the line of property of L. H.
Tuck, Jr., et als; thence leaving said point of
Beginning and following the property herein described
and the Tuck property, N 58 0 30' 00" W. 60.00 feet
to an iron pipe; thence continuing with the
Tuck property, N. 560 46" 00" W. 204.43 feet to an
iron pin on the line of the E. S. & J. E. Byers
property;thence with the Byers property and the
property herein described, N. 190 00' 00" E. 58.49
feet to an iron pin, thence continuing between said
properties, N. 120 03' 00" W. 190.27 feet to a
drill hole; thence continuing with the said
properties, N. 890 25' 00" E. 106.08 feet to a drill
hole; thence continuing between the properties N. 190
20' 00" E. 40.70 feet at an iron pipe; thence
continuing between said properties and crossing
Tinker Creek, N. 550 20' 00" W. 148.20 feet to an
iron pipe set on the west side of Tinker Creek,
corner to Lot 15, Map No.3 of Summerdean
Subdivision; thence with Lot 15 and the property
herein described and generally down the center of
Tinker Creek, N. 320 17' 00" E. 136.00 feet to a
point in the center of Tinker creek; thence
continuing with Tinker Creek, N. 000 50' 00" W.90.85
feet in the center of Tinker Creek,corner to Lot 6 of
Meadwood;thence with Lot 6 of Meadwood and the
property herein described, N. 600 37' 30" E. 49.00
feet to an iron pin; thence continuing with Lot 6 and
the property herein described 550 52' 30"E. 360.06
feet to an iron pin found; thence continuing between
said properties, S. 300 53' 30" E. 150.09 feet to an
ironpin found on the west side of Quail Place (a
street); thence with the west side of Quail Place S.
360 39' 30" W. 122.13 feet to an iron pin found,
corner to the W. o. Crutchfield, et als, property;
thence continuing with the Crutchfield property, S.
440 52' 30" W. 127.10 feet to a point;thence S. 700
27' 30" E. 23.5 feet to a railroad spike set in the
middle of a 30 foot reserved strip for road
widening;thence with the Crutchfield property herein
described, S. 440 35' 08" W. 58.03 feet to a
point;thence following the center of said reserved
strip and the property herein described with a curve
to the left whose radius is 149.75 and whose arc is
180.65 feet (chord equals S. 100 01' 38" W. 169.89
feet) to a point on the north side of the
aforementioned 20 foot perpetual right of way; thence
with the north side of said right of way N. 580 30'
00" W. 27.57 feet to an iron pin at the terminus of
the said 20 foot perpetual right of way, S.29° 02'
30" W. 20.02 feet to the point of BEGINNING and being
a parcel of land containing 4.68 acres and being as
shown on plat prepared by T. P. Parker & Son,
Engineers and Surveyors, Ltd. dated October 20, 1986,
said plat being attached to the hereinafter described
deed; and,
BEING the same property conveyed unto the grantors by deed
dated October 27, 1986 from Dennis W. Body and Thelma A.
Body, husband and wife.
BE IT FURTHER ORDERED that a copy of this order be
,~ßß
January 27, 1987
transmitted to the Secretary of the Planning Commission and that
he be directed to reflect that change on the official zoning map
of Roanoke County.
ADOPTED on motion of Supervisor Johnson and upon the
following recorded vote:
AYES: Supervisor Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
PROFFER OF CONDITIONS
Being in accord with Sec. 15.1-491.1 et. seq. of the
code of Virginia and Sec.2l-l05E. of the Roanoke County Zoning
Ordinance, the Petitioners Willard N. James Jr. and Katherine B.
James hereby voluntarily proffers to the Board of Supervisors of
Roanoke County, Virginia the following conditions to the rezoning
of the above-referenced parcel of land:
In apply for the RE Residential Estate District, we are
interested only in obtaining the uses contained in Item 1 (Single
family detached dwellings) and Item 5 (Agricultural, except the
commercial...). We would like to keep horses on this property
and are not interested in the other allowable uses such as
contained in Items 2, 3, 4, 6, 7, 12. The only changes we would
like from the present R-l zoning is the permission to have horses.
The number of horses and/or ponies will be limited to a maximum
of four. There will be no other agricultural animals other than
horses and/or ponies.
187-5
Petition of the ROANOKE COUNTY PLANNING COMMISSION
to amend the Roanoke County Zoning Ordinance to add
an emergency communications overlay zoninq district
Assistant County Administrator Timothy Gubala reported
that the Planning Commission and staff, and the Fire & Rescue
staff worked together to develop this district as part of the 911
I·' 8 OJ
January 27, 1987
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system. The purpose of the amendment is restrict the height of
structures and trees which could obstruct the transmission of
emergency communication.
Chairman Johnson requested that in the future issues
such as these be brought to the Board in work session prior to a
public hearing.
County Administrator Elmer Hodge requested that the a
policy be established for interpretation of the ordinance.
Supervisor McGraw moved to approve the prepared
ordinance, and that staff be directed to develop a policy for
interpretation and administration of the ordinance. The motion
was seconded by Supervisor Johnson.
ORDINANCE 12787-10 AMENDING THE R.O.2lliOKE COUNTY ZONING
ORDINANCE 'ill ADD AN EMERGENCY a::M-1UNICATIONS OVERIAY
ZONING DIS'IRICT
BE IT ORDAINED by the 13card of Supervisors of Rœ.noke County,
Virginia, as follows:
1. Revise Article V. Special Public Interest Regulations by
adding a new Section 21-63 as follows:
A. Pur¡:x:>se.
This section restricts the height of structures and
objects of natural growth. These height restrictions
protect the public transmission of carmunications for
emergency services, fire protection, and law
enforcement. This zone is established for the general
purpose of pranoting the health, safety, and general
welfare of the public, and other purposes required by
Section 21-1 of this ordinance. Further, this zone
seeks to protect against the loss of life, health, or
property fran fire, flood, panic, or other danger which
could result fran the interference of emergency
carmunications.
B. Overlay Zoning Provisions.
The zoning provisions of this section shall be overlays
to the underlying zoning district classifications as
shown on the Official Zoning Map. As overlay
provisions, this section shall serve as a supplement to
the underlying zoning district provisions.
C. Establishment of Zones.
This section establishes certain EIærgency
Carmunication Zones. These zones shall include all of
the land lying beneath and within one hundred (100)
feet to either side of the transmission paths of
emergency carmunications fran a microv.a.ve transmission
system. These zones are shown on a nap entitled
., ~Q'
January 27, 1987
"Rœ.noke County Einergency Ccmnunications Zoning Map,"
prepared under the direction of the Planning Officer
for the Department of Fire and Emergency Services.
This map shall be kept as a supplement to the Official
Zoning Map.
D. Height and Use Limitations.
(1) No structure shall be erected, altered, or
maintained, and no tree shall be allowed to grown
to a height which would obstruct the transmission
of emergency cœmunications.
(2) No use may be made of any property which would
create interference with the transmission of
emergency cœmunications.
E. Pennits.
property located beneath an estimated transmission
pa th or wi thin one hundred feet to either side of
a path shall be referred to the Planning Officer
of the Department of Fire and Emergency Services.
(2) The applicant shall satisfy the Planning Officer
that the proposed structure will canply with the
height and use limitations of this section.
2 Revise Section 21-4-3 by adding provisions for a new
supplementary map as follows:
Sec. 21-4-3 SUPPLEMEN'mRY W\PS
Supplementary maps which are declared to be a part of the
Official Zoning Map shall include.!. ~e ReB:ftðke eetm~y
F}:eed ~a-if't Ma-þ a-f'td ~he Rea-f'tOJre MtmieiþEtl Jlrif'þOr~ Bef'tiI'tq
Ma-þ
(a) the Roanoke County Floodplain Map,
(b) the Rœ.noke Municipal Airport Zoning Maps, and
(c) the Emergency Ccmnuniœ.tions Zoning Map.
(c) the Emergency Ccmnuniœ.tions Zoning Map.
On motion of Supervisor McGraw, seconded by Supervisor
Johnson, and upon the following recorded vote:
~YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
IN RE: REPORTS
The following reports were received by the Board of
ßupervisors:
January 27, 1987
,
,
, 'S03
. ". '.··..d_. ...,.~....,._.
.0_ ·__'·'~"_.._·m>'_'
1. Accounts Paid for December 1986
2. Statement of Expenditures for six months ended
December 1986
3. Board Contingency Fund
4. Development Data Report
IN RE:
ADJOURNMENT
At 8:04 p.m. Chairman Johnson recessed the meeting
until February 2, 1987 at 1:00 p.m. to go into Executive Session
pursuant to the Code of Virginia Section 2.1-344 (a) (6) to
consider the Red Lane annexation suit.
B
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