1/28/1986 - Regular
January 28, 1986
420
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24015
January 28, 1986
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, 1986.
IN RE:
CALL TO ORDER
Chairman Brittle called the meeting to order at 2:02
p.m. The roll call was taken.
MEMBERS PRESENT:
Chairman Alan H. Brittle; Vice-Chairman Bob
Johnson; Supervisors Lee Garrett, and
Steven A. McGraw
MEMBERS ABSENT:
Supervisor Harry C. Nickens (arrived at
7:00 p.m.>
STAFF MEMBERS
PRESENT:
Elmer C. Hodge, County Administrator; Paul
M. Mahoney, County Attorney; Timothy W.
Gubala, Superintendent of the Department of
Development; John Chambliss, Superintendent
of Fiscal Management; Sally Turner,
Administrative Analyst; Bobbie Hall, Deputy
Clerk; and Mary Allen, County
Administrator's staff
IN RE:
JOINT MEETiNG WITH THE SCHOOL BOARD
Mr. Homer Duff, Director of Business and Finance for
Roanoke County Schools, presented a current and projected capital
improvements list to the School Board and the Board of
Supervisors. A copy of this list is included in the packet of
the Deputy Clerk.
421
January 28, 1986
Mr. Bayes Wilson, Superintendent of Roanoke County
Schools, reported that former Governor Charles Robb has proposed
legislation which requires all cities and counties to provide
a 10 percent (10%) increase in average classroom teacher salary
or to raise their annual classroom teacher salary to $24,537 or
above in order to receive state funding.
Mr. Wilson also held a brief discussion on insurance
proposals.
Mr. Wilson suggested that the Board members be relieved
of their duties to serve on the Data Processing and Vehicle
Maintenance Committees. All members of both Boards agreed to
this suggestion and it was decided that Mr. Wilson and Mr. Hodge
will handle the matters of these committees administratively.
IN RE:
EXECUTIVE SESSION
Chairman Brittle moved to go into Executive Session to
discuss legal and real estate matters pursuant to the Code of
Virginia 2.1-344 (a) (2) and (6). Supervisor McGraw seconded the
motion. The motion carried by a unanimous voice vote.
IN RE: OPEN SESSION
Supervisor Garrett moved to return to Open Session at
3:10 p.m. The motion was seconded by Supervisor McGraw and
carried by a unanimous voice vote.
IN RE: OPENING CEREMONIES
MEMBERS PRESENT:
Chairman Alan H. Brittle; Vice-Chairman Bob
Johnson; Supervisors Lee Garrett and Steven
A. McGraw
MEMBERS ABSENT:
Supervisor Nickens (arrived at 7:00 p.m.)
STAFF MEMBERS
422
January 28, 1986
PRESENT:
Elmer C. Hodge, County Administrator; Paul
M. Mahoney, County Attorney; John
Chambliss, Superintendent of Fiscal
Management; John Hubbard, Superintendent of
Public Facilities; Timothy Gubala,
Superintendent of the Department of
Development; Sally Turner, Administrative
Analyst; Keith Cook, Director of Personnel;
Bobbie Hall, Deputy Clerk; and Mary Allen,
County Administrator's staff
After a moment of silence for the crew and family
members of the space shuttle Challenger, the Reverend Rudy
Holland of Berean Baptist Church gave the invocation. The Pledge
of Allegiance was recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF THE
AGENDA
Supervisor McGraw requested that consideration be given
to place another item for Citizens Comments and Communications on
the agenda under the 7:00 p.m. heading.
County Administrator, Elmer C. Hodge, requested that
agenda items J-N be moved to the afternoon session after Item G
because of the volume of public hearings.
IN RE:
PROCLAMATIONS, RESOLUTIONS AND AWARDS
Chairman Brittle read a resolution of appreciation to
Susan Karnes upon her retirement and Mr. George Garrettson,
Director of Libraries, presented the resolution to Ms. Karnes.
Supervisor McGraw moved to approve the prepared resolution. The
motion was seconded by Supervisor Johnson.
RESOLUTION 1-28-86-21 EXPRESSING THE
APPRECIATION OF THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY TO SUSAN P. KARNES FOR
THIRTEEN YEARS OF SERVICE TO ROANOKE
COUNTY
WHEREAS, Susan P. Karnes was first employed on December
18 of 1972 as Library Assistant in the Headquarters Library.
423
January 28, 1986
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 Susan
P. Karnes for thirteen 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 Supervisor McGraw, seconded by Supervisor Johnson
and upon the following recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, and Brittle
NAYS: None
ABSENT: Supervisor Nickens
Chairman Brittle presented a proclamation to Mr. Dave
Burtis proclaiming February as Heart Month. Supervisor McGraw
moved to approve the prepared proclamation. The motion was
seconded by Supervisor Johnson.
PROCLAMATION
WHEREAS, diseases of the heart and blood vessels this
year will kill nearly one million Americans, which nearly equals
to the total number of deaths from all other causes combined; and
WHEREAS, an estimated 200,000 of these victims die before
retirement age; and
WHEREAS, the American Heart Association is the only
voluntary health agency whose sole mission is to reduce early
death and disability from heart disease, stroke and related
disorders; and
WHEREAS, the Heart Association's relentless battle
against this American epidemic combines a nationwide research
program, as well as improving health care in the community
through professional and public education, and community service
programs.
NOW, THEREFORE, I, Alan H. Brittle, Chairman of the
Roanoke County Board of Supervisors, do proclaim the month of
424
January 28, 1986
February as American Heart Month and urge all citizens to support
the educational and fund raising campaign of the American Heart
Association, Roanoke Valley Division. Contributions of time and
money will help in the fight against heart disease and stroke.
On motion of Supervisor McGraw, seconded by Supervisor Johnson
and upon the following roll call vote:
AYES: Supervisors Garrett, Johnson, McGraw, and Brittle
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
Total Action Against Poverty was scheduled to present
their annual report. No one was present at the Board meeting.
Supervisor Johnson moved to table this matter. The motion was
seconded by Supervisor Garrett. The motion carried by a
unanimous voice vote with Supervisor Nickens absent. This report
was later scheduled to be heard on February II, 1986, at 3:00
p.m. upon Chairman Brittle's request.
IN RE:
NEW BUSINESS
I. Town of Vinton's Request for Industrial Access Road
Funding - Tim Gubala, Superintendent of the Department of
Development, presented a report requesting industrial access
funds for the Town of vinton in the amount of $150,000 to be used
for street improvements within the boundaries of the Vinton
Industrial Park. Vinton's request will reduce Roanoke County's
available allocatiori by $150,000, leaving $150,000 for the
remainder of the fiscal year. There are presently no pending or
anticipated industrial access road projects in Roanoke County.
Supervisor McGraw moved to approve the prepared
resolution. The motion was seconded by Supervisor Garrett.
~I
425
January 28, 1986
RESOLUTION 1-28-86-22 RECOMMENDING
INDUSTRIAL ACCESS ROAD FUNDING, TOWN OF
VINTON, VINTON INDUSTRIAL PARK
WHEREAS, Section 33.1-221, Code of Virginia, provides
for the availability of State Industrial Access Funds for
implementing approved improvements to public streets to enhance
and promote industrial development and continued public safety
along public streets; and
WHEREAS, Hi-Line Machines, Inc. and three other
industrial companies plan to construct new facilities within the
Vinton Industrial Park; and
WHEREAS, the combined commitment of private funds has
exceeded $1,500,000 and where development of infrastructure at
the Industrial Park will exceed $700,000; and
WHEREAS, the Roanoke County Board of Supervisors, in
cooperation with the vinton Town Council, wishes to encourage an
support industrial growth and expansion within Roanoke County an
the Town of Vinton; and
WHEREAS, the Vinton Town Council adopted Resolution No.
725 at its January 7, 1986 meeting where pursuant to Section
33.1-221 the Town guarantees that it shall be responsible for th
acquisition of right-of-way and the relocation or adjustment of
any utilities, said resolution being incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
I. That Roanoke County hereby recommends industrial
access funds in the amount of $150,000 for the industries and
project described hereinabove pursuant to §33.1-221 of the 1950
Code of Virginia, as amended.
2. That a copy of this resolution be forwarded to the
Virginia Department of Highways and Transportation and the Mayor
of the Town of Vinton.
426
January 28, 1986
On motion of Supervisor McGraw, seconded by Supervisor Garrett
and upon the following recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, and Brittle
NAYS: None
ABSENT: Supervisor Nickens
2. Acceptance of Proposals for Engineering Services
for Water and Sewer Projects - John Hubbard, Superintendent of
Public Facilities, presented a report requesting approval for a
contractual agreement for engineering services to design thirteen
(13) water and/or sewer lines. After interviewing engineers for
the design phase, Mr. Hubbard reported that the project committee
recommends that the contract be awarded to Hurt & Proffitt, Inc.,
on an hourly cost basis not to exceed $37,000. He reported that
funds for the design are available through a transfer from a
capital water project constructed under the budget. Construction
funds are available through existing appropriations and water and
sewer depreciation accounts.
Engineering services will be for the following
projects:
PROJECT ESTIMATES
PROJECT
CONSTRUCTION
COST
$ 38,200
40,700
76,200
114,500
88,100
42,660
40,200
10,400
80,800
83,700
108,500
21,900
1. Brooklawn Waterline
2. Burlington Heights Waterline
3. Geiser Road - Orander Drive Waterline
4. Sugarloaf Farms Waterline
5. Western Hills Waterline
6. Alexander Drive Waterline
7. Crestland Drive Waterline
8. Wendover Road Waterline
9. Farmingdale-Southdowns Waterline
10. Woodland Drive Waterline
II. Mount Vernon Heights Waterline
12. Terminal Road Waterline
427
January 28, 1986
13. Castle Rock Sewerline
87,800
Supervisor McGraw asked about the Andrew Lewis Place
waterlines. Mr. Hubbard reported that this project was budgeted
several years ago but because of extra workload on his
department, the department decided to have the work done by an
outside engineer. Mr. Hubbard reported that he will request a
change order with the contract in question or will have the
Andrew Lewis Place project rebid.
Supervisor Johnson inquired about fire hydrants. Mr.
Hubbard reported that this project does include the installation
of fire hydrants.
Supervisor Johnson moved to approve the request for
engineering services. The motion was seconded by Chairman
Brittle and carried by the following recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, and Brittle
NAYS: None
ABSENT: Supervisor Nickens
3. Request from Montgomery County Public Service
Authority to Provide Public Sanitary Sewer Service to Areas in
Roanoke County - John Hubbard, Superintendent of Public
Facilities, reported that the Montgomery County Public Service
Authority received a grant in 1984 to construct waste water
facilities to serve the eastern portion of Montgomery County.
The Heslep Mobile Home Park is part of the proposed service area.
This mobile home park is located in Montgomery County and Roanoke
County. The Montgomery County Public Service Authority must
receive the County's approval to install facilities in Roanoke
County. The staff of the Department of Public Facilities
recommends approval of Montgomery County Public Service Authority
providing all trailers in the Heslep Mobile Home Park with
sanitary sewer service since the trailer park pays real estate
and personal property taxes to Montgomery County and children
from the park attend Montgomery County Schools.
42ö
January 28, 1986
Supervisor McGraw moved to approve the request. The
motion was seconded by Supervisor Johnson and carried upon the
following recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, and Brittle
NAYS: None
ABSENT: Supervisor Nickens
4. Status of Flood Recovery Program - John Chambliss,
Superintendent of Fiscal Management, reported on the status of
the flood recovery. He reported that the losses to the school
system were approved by the U. S. Department of Education and
were covered 100 percent (100%). Mr. Chambliss requested that
funds in the amount of $273,780 be transferred from the Building
Contingency account to a flood recovery account to cover expenses
of repairing other County property. A copy of this report has
been included in the packet of the Deputy Clerk. Supervisor
McGraw moved to approve the appropriation. The motion was
seconded by Supervisor Johnson and carried by the following
recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, and Brittle
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
REQUESTS FOR WORK SESSIONS
John Chambliss, Superintendent of Fiscal Management,
requested a work session concerning the budget and bond issues.
The Board determined to set the work session on Tuesday, February
4, 1986, from 10:00 a.m. to 12:00 p.m. and 5:30 p.m. to 7:30 p.m.
John Hubbard, Superintendent of Public Facilities,
requested a work session concerning the Six Year Secondary Plan.
The Board determined to schedule the work session for 1:00 p.m.
on Tuesday, February 25, 1986, before the regular session of the
Board.
429
January 28, 1986
County Administrator, Elmer C. Hodge, requested a
meeting with Supervisors Garrett and Johnson before the work
session to familiarize them with the procedures on adopting the
Six Year Plan.
IN RE:
REQUESTS FOR PUBLIC HEARINGS
County Attorney, Paul Mahoney, requesting that a public
hearing be scheduled on February 25, 1986, to relocate a polling
place from Mount Pleasant Fire Station to Mount Pleasant
Elementary School.
Supervisor Johnson moved to approve the request. The
motion was seconded by Supervisor Garrett and carried by a
unanimous voice vote with Supervisor Nickens absent.
IN RE:
APPOINTMENTS
I. Grievance Panel - The Board determined to appoint
this vacancy at their meeting on December II, 1986. Board
members are to submit names to Keith Cook, Director of Personnel,
prior to the meeting. Supervisor Johnson directed Mr. Cook to
look in the liability of the Grievance Panel.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McGraw - Supervisor McGraw updated the Board
on "Uptown Roanoke County". He reported that an Arts and Crafts
Festival will be held on Saturday, October II, 1986, at
Tanglewood Mall and that Mr. Hubbard, Superintendent of Public
Facilities, is working on a location for the Soapbox Derby for
next year and is investigating the possibility of building a
Soapbox Derby track at one of the parks utilizing bond monies.
This year, the Soapbox Derby will be held on June 28, 1986, at
430
January 28, 1986
the Starkey race track with June 29, 1986, reserved as a rain
date.
Chairman Brittle - Chairman Brittle requested the
County Attorney to update the Board on the Charter. Mr. Mahoney
reported that he and Mr. Hopkins are arranging an appointment
with Senator Macfarlane and Senator Emick to discuss the Charter.
The Charter should go before the Committee on Local Government in
the Senate early next week.
IN RE: CONSENT AGENDA
Supervisor McGraw moved to approve the Consent Agenda.
The motion was seconded by Supervisor Johnson.
RESOLUTION NO. 1-28-86-26 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:
I. That that certain section of the agenda of the
Board of Supervisors for January 28, 1986, designated as Item L -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items I
through 4, inclusive, as follows:
1. Minutes of Meetings - July 9, 1985, January 14,
1986.
2. Request of the Moose Lodge No. 284 for a Raffle
Permit.
3. Resolution authorizing the Chairman to execute
certain documents - Fields/Triton Project.
- Resolution.
4. Request for a Raffle Permit for the Catawba Little
League.
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.
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January 28, 1986
On motion of Supervisor McGraw, seconded by Supervisor Johnson
and upon the following recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, and Brittle
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 1-28-86-26.A AUTHORIZING THE
CHAIRMAN OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY TO EXECUTE CERTAIN DEEDS
OF EASEMENT AND AGREEMENTS CONCERNING THE
ACCEPTANCE AND ABANDONMENT OF CERTAIN
SEWER AND DRAINAGE EASEMENTS AND THE
ESTABLISHMENT OF STORMWATER RETENTION
POND AND FACILITIES
WHEREAS, W. Price Fields and Estelle C. Fields desire
to construct certain improvements on a tract of real estate in
Roanoke County, Virginia, located at the intersection of
williamson Road and Greenway Drive; and
WHEREAS, said improvements necessitate to dedication of
certain sanitary sewer and drainage easements, the abandonment,
release and relocation of an existing easement and the
establishment of a storm water retention pond or percolation pond
and accompanying structures; and
WHEREAS, certain documents must be executed to
accomplish these beneficial purposes.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
I. That the Chairman of the Roanoke County Board of
Supervisors is hereby authorized to accept the dedication of
certain sanitary sewer and drainage easements, to abandon, release
and relocate an existing easement and to agree to the
construction of a storm water retention pond or percolation pond
and accompanying structures, all on behalf of Roanoke County,
Virginia.
2. That said easements, facilities and structures are
necessary to develop and construct certain improvements on a
parcel or tract of real estate located in Roanoke County
consisting of 1.246 acres located at the intersection of
January 28, 1986
432
Williamson Road and Greenway Drive and owned by W. Price Fields
and Estelle C. Fields.
3. That the Chairman is hereby authorized to execute
such documents as may be necessary to accomplish the purpose and
intent of this resolution, upon the form to be approved by the
County Attorney.
On motion of Supervisor McGraw, seconded by Supervisor Johnson
and upon the following recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, and Brittle
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
REPORTS
The following reports were received by the Board of
Supervisors:
I. Letter from U. S. Department of Agriculture, Forest
Service concerning options to acquire acreage in the Catawba
Magisterial District.
2. Development Data Report.
3. Report on Board Training Session - The Board
directed Keith Cook, Director of Personnel, to select a location
and time and to notify the Board of Supervisors, Mr. Hodge, Mr.
Mahoney, Mr. Hubbard, Mr. Chambliss, Mr. Gubala, and the
Professor from VCU. Mr. Cook was also directed to attend the
session.
4. Financial Statements for period ending December 31,
1985.
5. Comparison of Valley Governments Current Tax Rates.
6. Unappropriated Balance.
IN RE:
EXECUTIVE SESSION
43~
January 28, 1986
Chairman Brittle moved to go into Executive Session to
discuss acquisition of additional park land and legal matters
pursuant to the Code of Virginia 2.1-344 (a) (2) and (6).
Supervisor Johnson seconded the motion. The motion carried by a
unanimous voice vote with Supervisor Nickens absent.
IN RE:
OPEN SESSION
Supervisor McGraw moved to return to Open Session. The
motion was seconded by Supervisor Garrett and carried by a
unanimous voice vote with Supervisor Nickens absent.
IN RE:
DINNER RECESS
Chairman Brittle declared a dinner recess at 5:40 p.m.
IN RE:
CALL TO ORDER
Chairman Brittle called the meeting to order at 7:03
p.m.
MEMBERS PRESENT:
Chairman Alan H. Brittle; Vice-Chairman Bob
Johnson; Supervisors Lee Garrett, Steven A.
McGraw; and Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Timothy Gubala,
Superintendent of the Department of
Development; John Chambliss, Superintendent of
Fiscal Management; John Hubbard,
Superintendent of Public Facilities; Bobbie
Hall, Deputy Clerk; and Mary Allen, County
Administrator's staff
IN RE:
MISCELLANEOUS ITEMS
Supervisor Johnson moved to authorize and direct the
County Attorney and the County Administrator to execute such
documents and to take such steps as necessary to exercise the
option to purchase that real estate identified as the Bailey
January 28, 1986
434
Estate consisting of approximately 177.5 acres in the amount of
$104,000.00 plus closing expenses less the option amount
previously paid and to appropriate said amount from the utility
Fund. The motion was seconded by Supervisor McGraw, and car-
ried by a unanimous roll call vote.
IN RE:
PUBLIC HEARINGS
Petition of Charles F.
Faggart requesting rezoning
from R-E to B-2 and M-2, a parcel
of land located on Route 221 at
Harmony Lane in the Cave Spring
Magisterial District. (HELD
OVER FROM JANUARY 14, 1986)
APPROVED
W. Heywood Fralin was present on behalf of the
petitioner, Charles F. Faggart. Mr. Fralin reported that the
petitioner is requesting rezoning to operate a retail nursery and
storage of nursery inventory and equipment. There was no one
present in opposition. Supervisor Garrett moved to approve the
rezoning request. The motion was seconded by Supervisor Johnson.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcel 95.02-1-34 and recorded in Deed Book 559, page 532 and
legally described below, be rezoned from Residential Estates
(R-E) District to B-2 and M-2 District as shown on the attached
survey plat marked Exhibit A.
Legal Description of Property:
BEGINNING at a pole on the northerly side of
u. S. Route 221 at the southeasterly corner
of Charles F. Faggart property, being also
corner to J. N. Wade property; thence with
the northerly line of U. S. Route 221, N 79°
19' W. 142.6 feet to a point; thence S. 69°
38' W. 10.0 feet to a point (this point is
located N. 69° 38' E. 150.0 feet from the
easterly side of a 50 foot Private roadway);
thence with a new division line through the
property of Charles F. Faggart, N. 9° 30' W.
167.99 feet to a point; thence N. 74° 11' 45"
E. 147.28 feet to a point on the westerly
line of J. N. Wade property; thence with the
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January 28, 1986
line of Wade, S. llo 25' E. 179.43 feet to
the BEGINNING and containing 0.593 acre and
being as shown on plat prepared by T. P.
Parker & Son, Engineers and Surveyors, Ltd.,
dated January 7, 1986.
BE IT FURTHER ORDERED that a copy of this order be
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 Garrett, seconded by
Supervisor Johnson, and upon the following recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle
NAYS: None
ABSENT: None
PROFFER OF CONDITIONS
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
Being in accord with Section 15.1-491.1 et seq. of the
Code of Virginia and Section 21-11 of the Code of Roanoke County,
the Petitioner, Charles F. Faggart, 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.
I. Petitioner will abide by the vegetation screening
regulations of Roanoke County.
2. Petitioner will use the proposed B-2 area only as
retail nursery/greenhouse operation.
3. Petitioner will use the proposed M-2 area only for
the storage of nursery and greenhouse stock, inventory and
supplies, and for the storage of his equipment, and the
automobile parking.
4. In the event the subject property should ever ceas
to be used as a nursery, greenhouse, and for the storage of
nursery and greenhouse inventory and equipment, then the subject
property shall revert to RE zoning.
Petition of Appalachian Power
Company to rezone a 47 acre
parcel from Residential RE to
Business BI and Industrial M2 for
construction of its General
Office Transmission and
Distribution Service Center
located on the north side of Loch
Haven Drive in the Catawba
Magisterial District.
January 28, 1986
436
APPROVED
Mr. Dan Layman, attorney for Appalachian Power Company,
was present on behalf of Appalachian, and reported that many
buildings owned by Appalachian were lost in the flood and that
they desire this land to construct its General Office
Transmission and Distribution Service Center. Mr. Layman also
presented a slide presentation of the proposed building. There
was no one present in opposition. Supervisor Nickens moved to
approve the prepared final order with proffered conditions. The
motion was seconded by Supervisor Garrett.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcel 36.10-1-14 and legally described below, be rezoned from
RE (Residential Estates) District to B-1 (Office) and M-2
(General Industrial) District, subject to the following
conditions:
(A) The portion of the land rezoned M-2 (General
Industrial District) will not be used for any of the following:
1. Manufacture, compounding, processing,
packaging or treatment of such products as bakery goods, candy,
cosmetics, dairy products, drugs, perfumes, pharmaceuticals,
perfumed toilet soap, toiletries and food products;
2. Manufacture of pottery and figurines or other
similar ceramic products, using only previously pulverized clay,
and kilns fired only by electricity or gas;
3. Manufacture of musical instruments, toys,
novelties and rubber and metal stamps;
4. Seed and feed stores;
5. Cabinet, furniture and upholstery shops;
6. Veterinary hospital and commercial kennels
with exterior runs and yards;
7. Commercial laundry and dry cleaning plants;
/
4 3 7 January 28, 1986
8. Flea markets;
9. Brick manufacturing plants and sawmills;
10. Cotton spinning mills;
II. Boat building;
12. Stone works.
(B) Section 21-92 of the Roanoke County Zoning
Ordinance, governing screening and buffering between building
sites situated in different zoning districts, will be deemed to
apply to the boundary line between the portion of the land
rezoned B-1 (Office District) and the portion rezoned M-2(General
Industrial District).
(C) (1) If Appalachian Power Company has not, by
February 1, 1991, commenced construction of improvements on the
portion of the land rezoned M-2 (General Industrial District) in
accordance with a site plan approved by the appropriate Roanoke
County officials, and if no extension of such deadline is granted
by Roanoke County on request of Appalachian, Appalachian will
promptly offer the entire 47± acre parcel for sale at its
appraised fair market value as zoned B-I and M-2.
(2) If Appalachian Power Company has not, by February
I, 1993, commenced construction of improvements on the portion of
the land rezoned B-1 (Office District) in accordance with a site
plan approved by the appropriate Roanoke County Officials, and if
no extension of such deadline is granted by Roanoke County on
request of Appalachian, Appalachian will promptly offer the
portion of the land rezoned B-1 for sale at its appraised fair
market value as zoned B-1.
Legal Description of Property:
(a) The portion of the land rezoned B-1 (Office
District):
BEGINNING at an iron pin in the northerly
right of way line of Virginia Route 419, said
pin lying S. 620 32' 56" E. 166.18 feet from
a concrete highway monument near and
northwest of its intersection with Loch Haven
Road, thence with a new line through the
January 28, 1986
438
property of the Levi A. Huffman Estate the
following courses and distances:
N. 33° 26' 36 E. 189.26 feet to a point;
N. 74° 07' 50 E. 257.15 feet to a point;
s. 75° 52' 34 E. 154.22 feet to a point;
s. 87° 00' 20 E. 193.14 feet to a point;
s. 89° 23' 38 E. 159.04 feet to a point;
N. 80° 46' 32 E. 84.24 feet to a point;
N. 75° 32' 15 E. 365.24 feet to a point;
N. 64° 41' 02 E. 155.32 feet to a point;
N. 49° 28' 34 E. 86.06 feet to a point;
N. 38° 58' 32 E. 383.19 feet to a point;
N. 57° 55' 32 E. 144.98 feet to a point
in the line of Gratton
E. Wells;
thence, running with lands of Gratton E.
Wells and lands of B. w. Francisco N. 79° 13'
04" E. 126.63 feet to a concrete monument
with copper pin, marking a property corner
common to the said herein described property,
said lands of B. w. Francisco, and lands of
Donald E. Davis;
thence, running with the common boundary line
between the said herein described property
and said lands of Donald E. Davis S. 6° 15'
E. passing a concrete monument with copper
pin at a distance of 232.18 feet and running
in all a total distance of 282.20 feet to a
monument with copper pin located in the
northerly right of way line of Loch Haven
Road; thence, running with the said northerly
right of way line of Loch Haven Road the
following eleven (11) courses and distances:
S. 57° 55' 32" W.
s. 58° 58' 32" W.
89.97 feet to an iron pin;
360.69 feet to a concrete
highway monument;
153.68 feet to an iron
pin;
223.87 feet to an iron
S. 49° 28' 34" W.
S. 64° 41' 02" W.
pin;
S. 75° 32' 15" W. 407.46 feet to an iron
pin;
S. 80° 46' 32" W. 123.76 feet to an iron pin
located at the easterly
edge of a soil farm road;
N. 89° 23' 38" W. 191.09 feet to an iron
pin;
N. 87° 00' 20" W. 228.62 feet to an iron
pin;
N. 75° 52' 34" W. 103.08 feet to a concrete
highway monument;
S. 74° 07' 50" W. 72.38 feet to an iron pin
located at the point of a
curve;
With a curve to the right having an arc
distance of 204.28 feet, a radius of 798.51
feet, and the long chord of said curve being
N. 77° 30' 28" W. for a distance of 203.72
feet to an iron pin located in the northerly
right of way line of Virginia Route 419;
439
January 28, 1986
thence, running with the said northerly right
of way line of Virginia Route 419 N. 560 33'
24" w. 105.30 feet to an iron pin, the point
of BEGINNING, being shown on a plat entitled
"Survey for Appalachian Power Co. Showing
45.88 Acre Tract Property of Levi A. Huffman
Estate," dated December 2, 1985, made by T.
P. Parker & Son, Engineers and Surveyors,
Ltd.
Legal Description of Property:
(b) The portion of the land rezoned M-2 (General
Industrial District):
BEGINNING at an old planted stone located
near a rock wall, which said old planted
stone marks a property corner common to the
herein described property, lands of Paul R.
Myers, Lots 2 - Morris Subdivision, and land
of Gratton E. Wells; thence, leaving said
point of BEGINNING and running with the
common boundary line between the said herein
described property and said lands of Gratton
E. Wells the following two (2) courses and
distances:
S. 760 47' 02" E. 163.0 feet to a concrete
monument with copper pin;
and
N. 670 45' 00" E. 902.0 feet to a concrete
monument with copper pin;
thence, running partly with the common
boundary line between the said herein
described property and lands of Ellis L.
Wells and running partly with other lands of
Gratton E. Wells the following two (2)
courses and distances:
S. 230 47' 30" E. 561.60 feet to a concrete
monument with copper pin;
and
N. 790 13' 04" E. 208.37 feet to a point;
thence leaving the line of Gratton E. Wells
and with a new line through the property of
the Levi A. Huffman Estate the following
courses and distances:
S. 570 55' 32" W.
S. 380 58' 32" W.
S. 490 28' 34" W.
S. 640 41' 02 W.
S. 750 32' 15 W.
S. 800 46' 32 W.
N. 890 23' 38 W.
N. 870 00' 20 W.
N. 750 52' 34 W.
S. 740 07' 50 W.
S. 330 26' 36" W.
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
to
to
to
to
to
to
to
to
to
to
a point;
a point;
a point;
a point;
a point;
a point;
a point;
a point;
a point;
a point;
144.98
383.19
86.06
155.32
365.24
84.24
159.04
193.14
154.22
257.15
and
189.26 feet to a point;
an iron pin in the
northerly right of way
January 28, 1986
440
line of Virginia Route
419;
thence, running with the said northerly right
of way line of Virginia Route 419 the
following courses and distances:
N. 620 32' 56" w. 166.18 feet to a concrete
highway monument;
N. 780 15' 18" w. 95.33 feet to an iron pin;
and
N. 650 02' 56" w. 227.79 feet to a concrete
monument with copper pin;
thence leaving said northerly right of way
line of Virginia Route 419 and running partly
with the common boundary line of the said
herein described property and lands of
Raymond D. Hinchee and running partly with
the lands of Gary R. Myers the following two
(2) courses and distances:
N. 300 10' E. passing a concrete monument
with copper pin at a distance
of 30.00 feet and running in
all a total distance of 71.62
feet to a concrete monument
with copper pin; and
N. 510 27' E. 834.00 feet to a concrete
monument with copper pin;
thence, running with the common boundary line
of the said herein described property and
said lands of Paul R. Myers N. 470 31' E.
263.00 feet to an old planted stone located
near a rock wall, the point of BEGINNING,
being shown on a plat entitled "Survey for
Appalachian Power Co. Showing 45.88 Acre
Tract Property of Levi A. Huffman Estate,"
dated December 2, 1985, made by T. P. Parker
& Son, Engineers & Surveyors, Ltd.
BE IT FURTHER ORDERED that a copy of this order be
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 Nickens, seconded by
Supervisor Garrett, and upon the following recorded vote:
AYES: Supervisors Garrett, Johnson, Nickens, and Brittle
NAYS: None
ABSTAINED: Supervisor McGraw
PROFFER OF CONDITIONS
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
441
January 28, 1986
Being in accord with Section 15.1-491.1 et seq. of the
Code of Virginia and Section 21-11 of the Code of Roanoke
County, the Petitioner, Appalachian Power Company, 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:
(A) The portion of the land rezoned M-2 (General
Industrial District) will not be used for any of the following:
1. Manufacture, compounding, processing,
packaging or treatment of such products as bakery goods, candy,
cosmetics, dairy products, drugs, perfumes, pharmaceuticals,
perfumed toilet soap, toiletries and food products;
2. Manufacture of pottery and figurines or other
similar ceramic products, using only previously pulverized clay,
and kilns fired only by electricity or gas;
3. Manufacture of musical instruments, toys,
novelties and rubber and metal stamps;
4. Seed and feed stores;
5. Cabinet, furniture and upholstery shops;
6. veterinary hospital and commercial kennels
with exterior runs and yards;
7. Commercial laundry and dry cleaning plants;
8. Flea markets;
9. Brick manufacturing plants and sawmills;
10. Cotton spinning mills;
11. Boat building;
12. Stone works.
(B) Section 21-92 of the Roanoke County Zoning
Ordinance, governing screening and buffering between building
sites situated in different zoning districts, will be deemed to
apply to the boundary line between the portion of the land
rezoned B-1 (Office District) and the portion rezoned M-2
(General Industrial District).
442
January 28, 1986
(C) (1) If Appalachian Power Company has not, by
February 1, 1991, commenced construction of improvements on the
portion of the land rezoned M-2 (General Industrial District) in
accordance with a site plan approved by the appropriate Roanoke
County officials, and if no extension of such deadline is granted
by Roanoke County on request of Appalachian, Appalachian will
promptly offer the entire 47+ acre parcel for sale at its
appraised fair market value as zoned B-1 and M-2.
(2) If Appalachian Power Company has not, By
February 1, 1993, commenced construction of improvements on the
portion of the land rezoned B-1 (Office District) in accordance
with a site plan approved by the appropriate Roanoke County
officials, and if no extension of such deadline is granted by
Roanoke County on request of Appalachian, Appalachian will
promptly offer the portion of the land rezoned B-1 for sale at
its appraised fair market value as zoned B-1.
Petition of Carolyn A. witt
to renew a Special Exception
Permit to allow a mobile home
located on the west side of Route
783 in the Catawba Magisterial
District. (CONTINUED FROM
DECEMBER 10, 1985)
There was no one present to speak in support or in
opposition of this public hearing. Mr. Timothy Gubala,
Superintendent of the Department of Development, reported that
the modifications to the lot have not been completed to meet the
Zoning Ordinance. Supervisor McGraw moved that the petition be
denied if all the prescribed conditions have not been met by
February 28, 1986, including the placement of the mobile home.
Supervisor Nickens seconded the motion.
Supervisor Garrett moved to amend Supervisor McGraw's
motion to say that the work will be done in a given time to the
satisfaction of the staff. Supervisor McGraw agreed to accept
the amendment to his motion. Supervisor Brittle seconded the
440
January 28, 1986
amendment.
The motion and the amendment carried by the following
recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle
NAYS: None
Petition of Restin South,
Inc. for a Special Exception
Permit to continue operating a
home for adults on the south side
of Route 657 in the Cave Spring
Magisterial District.
APPROVED
Ms. Teri Rothmeier, Route 5, Box 480, Roanoke,
Virginia, was present on behalf of the petitioner. There was no
one present in opposition. Supervisor Nickens moved to approve
the Special Exception Permit. The motion was seconded by
Supervisor McGraw.
FINAL ORDER
NOW, THEREFORE, BE IT RESOLVED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcel 107.00-2-17;18 and recorded in Deed Book 499, Page 296
and legally described below, be granted a Special Exception
Permit.
BEGINNING at a point on the south side of
Virginia Secondary Route 657; thence N. 870
53' E. 215.8 feet to a point; thence N. 890
53' E. 100 feet to a point; thence leaving a
point near said Virginia Secondary Route 657,
S. 340 40' W. 140 feet to a point; thence S.
110 37' E. III feet to a 30" poplar; thence
S. 330 15' 55" W. 41.81 feet to a point;
thence S. 300 22' 05" E. 477.54 feet to a
point; thence S. 570 10' 55" W. 745.43 feet
to a point near a 30" oak; thence N. 60 01'
17" E. 55.96 feet to a point; thence N. 200
49' 17" E. 149.58 feet to a point; thence N.
20 59' 17" E. 281.77 feet to a point; thence
N. 50 34' 43" W. 165.49 feet to a point;
thence N. 140 55' 43" W. 268.35 feet to a
point; thence N. 20 44' 17" E. 168.96 feet to
an old iron pin; thence S. 670 12' E. 114.5
feet to a point on the easterly side of a
gravel drive; thence N. 480 53' E. 63.0 feet
to the place of BEGINNING, and containing
9.11 acres as more fully shown by a plat made
by T. P. Parker & Son, Engineers and
Surveyors, Ltd., dated September 9, 1985.
EXCEPTED from this conveyance is a certain
parcel conveyed to the Commonwealth of
January 28, 1986
444
Virginia for construction of Virginia
Secondary Route 657, as more fully shown on
the aforesaid plat and being within the
bounds of Virginia Secondary Route 657.
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and he be
directed to reflect that change on the Official zoning Map of
Roanoke County.
ADOPTED on motion of Supervisor Nickens, seconded by
Supervisor McGraw, and upon the following roll call vote:
AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle
NAYS: None
Petition of Frank E. Furrow
for a Special Exception Permit to
allow a mobile home on the north
side of Route 622 in the
Catawba Magisterial District.
APPROVED
Mr. Frank Furrow was present to answer any questions
the Board might have. There was no one present in opposition.
Supervisor McGraw moved to approve the Special Exception Permit.
The motion was seconded by Supervisor Nickens and carried by the
following roll call vote:
AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle
NAYS: None
Petition of Wendy's of Western
Virginia to rezone from
Residential District R-3 and
Business District B-1 to Business
District B-2, three parcels of
land located on Brambleton Avenue
in the Windsor Hills
Magisterial District.
APPROVED
Mr. Gilbert Butler was present on behalf of the
petitioner. There was no one present in opposition. Supervisor
Garrett moved to approve the rezoning request. The motion was
seconded by Supervisor Johnson.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementioned
445
January 28, 1986
tract of land, more particularly described below, be rezoned from
B-1 and R-3 to B-2.
Part of Lot 8, Lots 9 and 10, D. B. Ferguson
Map, as shown on the Roanoke County tax maps
as parcels 77.09-4-42, 43, and 44.
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the County Planner and that he be and hereby is
directed to reflect that change on the official zoning maps of
the County.
ADOPTED on motion of Supervisor Garrett, seconded by
Supervisor Johnson and upon the following recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle
NAYS: None
PROFFER OF CONDITIONS
The petitioner hereby voluntarily proffers to the Board
of Supervisors of Roanoke County, Virginia the following
condition to the zoning request hereinabove set forth:
I. That the subject property will be developed in
substantial conformity to the conceptual site plan attached
hereto as Exhibit A.
Petition of Susanne and Lew
Royster to rezone a portion of
a parcel from Business B-2 to
Business B-3 and obtain a Special
Exception Permit to operate an
antique car sales business,
located on the north side of
Route 221 in the Windsor Hills
Magisterial District.
APPROVED
Mr. Lew Royster was present to answer any questions the
Board might have. There was no one present in opposition.
Supervisor Garrett moved to approve the rezoning and the Special
Exception Permit. The motion was seconded by Supervisor Johnson.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcel 95.01-1-34 and recorded in Deed Book 911, Page 408 and
January 28, 1986
440
legally described below, be rezoned from B-2 (Business District)
to B-3 (Business District).
Tract 3, containing 0.359 acres, more or
less, according to a plat of the C. F.
Kefauver Estate, Colonial American National
Bank, Trustee, showing division of 245.43
acre tract situate on U. S. Highway 221, by
T. P. Parker & Son, Engineers and Surveyors,
Ltd., dated February 22, 1985, of record in
the Clerk's Office of the Circuit Court of
the County of Roanoke, Virginia, in Plat Book
9, at page 327;
Together with one-half the water from the
well located on Tract 2 as shown by the said
plat of record in Plat Book 9, page 327,
together with an easement to repair, maintain
and replace the existing pipelines and
electric lines to and from the well on the
said Tract 2 and the above described Tract 3,
and the right of ingress and egress to and
from the well for the repair, maintenance and
replacement of the pump; and
BEING a part of the same property conveyed to
C. F. Kefauver from Boyd F. Butler, et als.,
by deed dated January IS, 1971, of record in
the aforesaid Clerk's Office in Deed Book
911, page 408.
Description is for the entire parcel.
Diagram details specific location of portion
rezoned to B-3 with conditions.
BE IT FURTHER ORDERED that a copy of this order be
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 Garrett, seconded by
Supervisor Johnson, and upon the following recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle
NAYS: None
PROFFER OF CONDITIONS
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
Being in accord with Section 15.1-491.1 et seq. of the
Code of Virginia and Section 21-11 of the Code of Roanoke County,
the Petitioner, Susanne B. Royster, hereby voluntarily proffers
to the Board of Supervisors of Roanoke County, Virginia, the
447
January 28, 1986
following conditions to the rezoning of the above-referenced
parcel of land.
The property will be used only for the sale of used
cars.
All business will be conducted within the confines of
the structure.
Petition of Roy C. Woods to
rezone a parcel from Agricultural
A-I to Business B-2 for an
office, showcase and storage for
floor covering, located on the
south side of Route 221 in the
Windsor Hills Magisterial
District.
APPROVED
Mr. Daniel Crandall was present on behalf of the
petitioner.
Mr. Roger Vest was present in support of the rezoning.
There was no one present in opposition.
Supervisor Garrett moved to approve the rezoning
request. The motion was seconded by Supervisor Nickens.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcel 95.02-2-4 and recorded in Deed Book 1216, Page 1397, at
the Circuit Court Clerk's Office of the County of Roanoke and
legally described below, be rezoned from A-I Agricultural
District to B-2 Business District.
BEGINNING at an iron pipe on the Southerly
side of U. S. Highway Route No. 221, at the
point of intersection of the same with the
Easterly boundary line of the property of W.
T. Rierson of record in the Clerk's Office of
the circuit Court of Roanoke County,
Virginia, in Deed Book 159, Page 495; thence
leaving the "Rierson" land and along the
Southerly side of the aforesaid Highway, with
a line 25 feet southerly from the center line
of said Highway, passing through a planted
concrete highway monument at 115.7 feet in
all S. 810 17' E. a total distance of 273.4
feet to an iron pipe at the point of
intersection of the present southerly side of
the aforesaid U. S. Highway Route No. 221,
with the center line of the old abandoned
Road; thence continuing with the Federal
Highway line S. 700 55' E. passing under the
January 28, 1986
448
C & P Telephone Company's pole and wire line
at 53 feet, in all a total distance of 71.2
feet to a planted concrete monument; thence
S. 440 34' E. 45 feet to a point in the
center of Back Creek: (this point is N. 440
34' W. 30 feet from a planted concrete
monument on the southerly banks of said
Creek); thence up the center of Back Creek
with the northerly line of the property of R.
V. Bell, the following five courses and
distances, S. 740 15' w. 116 feet; N. 880 45'
W. 100 feet; S. 760 W. 75 feet; S. 540 W. 108
feet; N. 680 30' W. 76 feet to a point corner
to the land of W. T. Rierson; thence leaving
the Creek and with the easterly line of the
said "Rierson" property N. 220 IS' E. passing
5-1/2 feet to the east from the center of a
12" Sycamore tree at 92 feet, passing under
the C & P Telephone Company pole and wire
line, now buried at 125 feet passing the
center of the abandoned road at 140- feet in
all a total distance of 195 feet to the PLACE
OF BEGINNING and containing 1.05 acres; this
is the same property shown on the plat which
is recorded with Deed found in Deed Book 227
at page 403;
BEING the same property conveyed to Roy C.
Woods from C. D. Kittinger recorded in Deed
Book 1216, Page 1397, in the Clerk's Office
of the Circuit Court for Roanoke County,
Virginia; and
BEING the same property conveyed to C. D.
Kittinger from C. K. and Lillie Lemon
recorded in Deed Book 305, Page 184, in the
Clerk's Office of the Circuit Court for
Roanoke County, Virginia.
BE IT FURTHER ORDERED that a copy of this order be
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 Garrett, seconded by
Supervisor Nickens and upon the following recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Brittle
NAYS: None
Petition of Roanoke Wellness
and Fitness Center, Inc. to
rezone 5.66 acres from
Residential R-3 to Business B-2
for expansion of the Roanoke
Athletic Club located on the east
side of Starkey Road in the
Cave Spring Magisterial
District.
APPROVED
449
January 28, 1986
Mr. James Douthat was present on behalf of the
petitioner. There was no one present in opposition. Supervisor
Johnson moved to approve the rezoning request. The motion was
seconded by Supervisor Garrett.
Supervisor Nickens directed the County Administrator,
Elmer C. Hodge, to correspond with the Highway Department
concerning the curve on Starkey Road located in front of the
above property.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Map
as parcels number 87.07-1-23, 87.07-1-24, 87.07-1-25, 87.07-1-26,
and 87.07-1-27 (a portion of which is already zoned B-2, Business
District), which was conveyed to the Petitioners, H. L.
Clingenpeel and Gloria Jane Saul Clingenpeel, and to Henry Clay
Saul, in the following Deed Books: Book 147, page 187; Book 156,
page 419; Book 196, page 310; Book 297, page 101; Book 616, page
346; Book 906, page 144 and Book 906, page 148, and is more
particularly described below, be rezoned from R-3, Residential
District, to B-2, Business District.
LEGAL DESCRIPTION OF PARCEL NUMBERS 87.07-01-23 AND 87.07-01-24:
BEGINNING at a point on the easterly side of
the Roanoke-Starkey Highway (State Highway
#119), corner to the four foot strip jointly
held and owned by C. T. Lockett and H. C.
Saul, described in deed of interchange dated
June 16, 1930, and of record in the Clerk's
Office, Circuit Court for the County of
Roanoke, Virginia, in Deed Book 196, page
312, old pipe marker; thence along the
easterly side of said State Highway #119, S.
70 51' W. 75 feet to a point on same; thence
S. 730 05' E. past a pipe in hollow at 359.0
feet a total distance of 884.0 feet to a
point on the northwesterly line of reservoir
lot; thence N. 470 E. 10 feet to an iron
plug; thence along the southerly line of the
four foot strip above-mentioned the following
four (4) courses, N. 430 W. 90 feet to a
point; thence N. 510 30' W. 50 feet to a
point; thence N. 610 W. 46 feet to a point;
thence N. 730 09' W. 742.51 feet to the place
of Beginning, and being Tract No. 1 and No.
IA of a map of "Woodland" made by C. B.
4~O'
.. " .~
- ~~¡
January 28, 1986
Malcolm, state Certified Engineer, dated
April 26, 1937, for C. T. Lockett and
containing 0.61 acres and 0.84 acres,
respectively.
TOGETHER WITH the reservoir lot more
particularly described as:
BEGINNING at an iron plug on said Tinnell's
line, and running with same, S. 430 E. 70
feet to an iron plug at "E", corner to H. C.
Johnson land; thence with the line of same,
S. 440 30' W. 40 feet to an iron plug at "G";
thence a new line, N. 430 W. 71.7 feet to an
iron plug at "H"; thence N. 470 E. 40 feet to
the place of BEGINNING.
LEGAL DESCRIPTION OF PARCEL NUMBER 87.07-01-25:
BEGINNING at a point in the middle of the
Roanoke-Starkey road, at the southwest corner
of H. C. Saul's land; thence running along
the middle of the road, S. 50 30' W. 89.5
feet; thence leaving the road, passing a
stake on the east side of the road, S. 730
05' E. 459.8 feet to a stake east of Hollow;
thence N. 290 E. 51.7 feet to a stake, corner
to said H. C. Saul's land; thence with the
line of same, N. 690 10' W. 493 feet to the
place of Beginning; and containing .745 acre,
according to survey by G. L. Poage, dated
July 31, 1926.
LEGAL DESCRIPTION OF PARCEL NUMBER 87.07-01-26:
BEGINNING at an iron plug at the southwest
corner of H. C. Saul's land; thence a new
line up the hill, S. 730 E. 391 feet to a
stake, corner to C. H. Tinnell's land; thence
with the line of Tinnell's land N. 430 12' W.
.370 feet to an iron plug~orner to H. C.
Saul's land; thence with the line of said
Saul's land; S. 410 W. 140.9 feet to an iron
plug; thence S. 290 W. 50.7 feet to the place
of BEGINNING, said land adjoining the land of
H. C. Saul and C. H. Tinnell, lying at the
foot, and partly up the North side of the
knob, containing .8 of an acre.
LEGAL DESCRIPTION OF PARCEL NUMBER 87.07-01-27:
Lying on the east side of the Roanoke-Starkey
Road about 3 1/2 miles southwest of Roanoke,
in Roanoke County, State of Virginia, bounded
and described as follows:
BEGINNING at a point in the center of the
Roanoke-Starkey Road, 18 feet S. 430 30' w.
of the center of a black oak; thence leaving
the road, running S. 430 30' E. passing
through the center of the black oak, 475.4
feet to a stake thence S. 400 48' W. 140.9
feet to a stake; thence N. 690 10' W. 493
451
January 28, 1986
feet passing through the center of a small
black oak to a pin in the center of the
Roanoke-Starkey Road; thence with the center
of road, N. 50 30' E. 70.2 feet; thence N.
260 45' E. 91 feet; thence N. 540 45' E.
212.8 feet to the place of Beginning,
according to survey made by G. L. Poage, on
October 9th, 1935.
Less and except the following parcel:
BEGINNING at a point on the centerline of Rt.
119 (Old 22) between R. 311 (Old 33) and
Starkey, shown on plans as Sta. 55+78; thence
S. 510 59' E. 126.9 ft. to Sta. 57+04.9;
thence to the left on a 200 curve, 229.1 ft.
to Sta. 59+34; thence S. 60 09' w. 55.9 ft.
to Sta. 59+89.9; thence to the right on a 40
curve, 30.1 ft. to the lands of C. T.
Lockett; being Sta. 60+20.
The land herein conveyed being a strip or
parcel of varying width, lying on the East
(left) side of and adjacent to the
hereinabove described centerline, being 25
ft. in width at Sta. 55+78; thence widening
to 35 ft. at Sta. 58+00, and continuing 35
ft. wide to Sta. 59+50; thence narrowing to
25 ft. at Sta. 60+00, and continuing 25 ft.
wide to Sta. 60+20. Said strip or parcel
contains 0.30 acre, more or less, 0.05 acre
of which being included in the present right
of way, leaving 0.25 acre, more or less.
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and tha
he be directed to reflect that change on the Official Zoning Ma
of Roanoke County.
ADOPTED on motion of Supervisor Johnson, seconded by
Supervisor Garrett, and upon the following recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Britt e
NAYS: None
Petition of the Superintendent
of the Department of
Development to amend Chapter
17, Subdivisions, Section 17-1 of
the Roanoke County Code.
APPROVED
Timothy W. Gubala, Superintendent of the Department 0
Development, reported that an amendment to Chapter 17,
Subdivisions of the Roanoke County Code was necessary since a
sentence was omitted when the County amended its subdivision
January 28, 1986
45~
ordinance last year. There was no one present in opposition.
Supervisor Brittle moved to approve the prepared ordinance and
final order. The motion was seconded by Supervisor McGraw.
FINAL ORDER
NOW, THEREFORE, BE IT RESOLVED that Appendix B of the
Code of the County of Roanoke, Virginia, (Section 17.1 of the
1970 Code) be amended to include the following language:
Subdivision. The division of a lot, tract,
or parcel of land into two or more lots or
other subdivision of land, for the purpose,
whether immediate or future, of transfer of
ownership, or building development, including
all changes in street or lot lines, and
including any parcel previously separated by
the then owner of such tract for such purpose
subsequent to the adoption of these
regulations; provided, that the division of
land in parcels of one acre or more all of
which abut on an existing publicly-maintained
street, and which does not involve any new
public street or easement of access or road,
shall not be considered a subdivision when
such division does offer an opportunity to
obstruct natural drainage or a planned major
highway or to adversely affect any part of an
adopted plan, or in any way violate the
intent of the zoning regulations of the
County; and provided, further, that divisions
of lands by court order or decree shall not
be deemed a subdivision as otherwise herein
described.
ADOPTED on motion of Supervisor Brittle, seconded by
Supervisor McGraw and upon the following roll call vote:
AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Britt e
NAYS: None
ORDINANCE 1-28-86-27 AMENDING APPENDIX B,
SUBDIVISIONS
OF THE 1985 ROANOKE COUNTY CODE
1. That Appendix B, Subdivisions of the 1985 Roanoke
County Code be amended to read and provide as follows:
Definitions.
Subdivision. The division of a lot, tract, or
parcel of land into two or more lots or other
subdivision of land, for the purpose, whether
immediate or future, of transfer of ownership, or
building development, including all changes in
453
January 28, 1986
street or lot lines, and including any parcel
previously separated by the then owner of such tra t
for such purpose subsequent to the adoption of the e
regulations provided, that the division of land in
parcels of one acre or more which does not involve
an ublic street or easement of access or roa ,
all of which abut on an existing publicly-maintain d
street, shall not be considered a subdivision when
such division does not offer an opportunity to
obstruct natural drainage or a planned major highw y
or to adversely affect any part of an adopted plan
or in any way violate the intent of the zoning
regulations of the County, and provided further,
that divisions of lands by court order of decree
shall not be deemed a subdivision as otherwise
herein described.
2. That this ordinance shall be in full force and
effect from and after its passage.
On motion of Supervisor Brittle, seconded by Supervisor McGraw
and upon the following recorded vote:
AYES: Supervisors Garrett, Johnson, McGraw, Nickens, and Britt e
NAYS: None
IN RE: ADJOURNMENT
Supervisor McGraw moved to adjourn at 8:10 p.m. The
motion was seconded by Supervisor Brittle and carried by a
unanimous voice vote.
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Chairman
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