4/18/1987 - Regular
April 28, 1987
453
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24018
April 28, 1987
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County
Administration Center, this being the second Tuesday, and the
second regularly scheduled meeting of the month of April, 1987.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:04
p.m. The roll call was taken.
MEMBERS PRESENT:
Chairman Bob L. Johnson, Vice Chairman Lee
Garrett, Supervisors Alan H. Brittle,
Steven A. McGraw, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; John
M. Chambliss, Assistant County
Administrator for Management Services; John
R. Hubbard, Assistant County Administrator
of Public Facilities; Timothy W. Gubala,
Assistant County Administrator for
Community Development; Paul M. Mahoney,
County Attorney, Mary H. Allen, Deputy
Clerk; Clifford Craig, Director of
utilities; Michael J. Lazzuri, Director of
Court Services; Phillip Henry, Director of
Engineer
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Sam Crews,
Coopers Cove Baptist Church.
The Pledge of Allegiance was
recited by all present.
IN RE:
COUNTY ADMINISTRATOR'S COMMENTS
454
April 28, 1987
None
IN RE:
REQUESTS TO POSTPONE, ADD OR CHANGE THE ORDER OF AGENDA
ITEMS:
Chairman Johnson announced that Public Hearing 487-3,
petition of Charles and Ann Howard had been withdrawn.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of Conqratu1ations to the virqinia
Lancers for winninq the Atlantic Coast Hockev Leaque
Championship:
Chairman Johnson announced that Henry Brabham
owner of the Virginia Lancers had a prior commitment and wa~
unable to be present. Supervisor Nickens moved adoption of th~
prepared resolution. The motion was seconded by Superviso
Brittle.
RESOLUTION 42887-1 OF CONGRATULATIONS
TO THE VIRGINIA LANCERS UPON WINNING
THE ATLANTIC COAST HOCKEY LEAGUE
CHAMPIONSHIP
WHEREAS, The Virginia Lancers Hockey Team is the onl
professional team associated with the County of Roanoke; and
WHEREAS, the team has been located in the Town 0
vinton in Roanoke County since the 1983/84 season; and they hav
brought a sense of pride to all the citizens of Roanoke Count
for their outstanding accomplishments, and
WHEREAS, attendance at the Virginia Lancers HockeJ
games has grown from an average of 1200 spectators in 1984 to
record of 3,560 spectators at the final game; and their win-loss
record has improved from 19-45 in 1983/84 to 44-23 in 1986/8 ,
contributing to growth of interest in that sport; and
WHEREAS, on April 10, 1987, the Virginia Lancers cappEd
an outstanding season by winning the Atlantic Coast Hockey Leagte
championship beating the Mohawk Valley Cornets 4 to 3 in tle
championship series.
, 455
April 28, 1987
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NOW, THEREFORE BE IT RESOLVED that the Board of
Supervisors of Roanoke County expresses its pride and
appreciation to Henry Brabham, owner; John Tortorella, coach; and
the members of the Virginia Lancers Hockey team for an
outstanding year; and
FURTHER, the Board of Supervisors of Roanoke County
offers congratulations to all those associated with the Virginia
Lancers upon winning the Atlantic Coast Hockey League
1
Championship.
On motion of Supervisor Nickens, seconded by Supervisor
Brittle, and upon the following recorded vote:
AYES:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS:
None
2. Presentation of the Certificate of Achievement to
Reta Busher, Director of the Budget for Excellence in Audit
Reporting:
County Administrator Elmer Hodge announced that
only 34 localities in the State of Virginia have received this
Certificate and congratulated Ms. Busher on this honor.
IN RE:
NEW BUSINESS
1. Approval of the Resolution adopting the Design
and Construction Standards for Water Facilities:
Clifford
Craig, Director of Utilities, reported that this proposed
resolution was previously presented to the Board at a work
session on March 10, 1987, and has been discussed at three other
board meetings.
Supervisor Brittle and Supervisor McGraw were
appointed as a subcommittee to meet with the Homeowners
Association to address their concerns. These standards have been
reviewed by a committee comprised of staff members of the County
Utility, Engineering, Facilities, Fire, and Development
Departments, as well as representatives from the Homebuilders
Association and engineering and surveying firms.
456
April 28, 1987
Supervisor Brittle announced that he and Supervisor
McGraw had met with the Homebuilders and County staff members.
Their concern was primarily the fire flow requirement. Several
issues were cleared up as a result of the meeting. The
subcommittee recommends adoption of the resolution, and that a
system of monitoring be established for six months to monitor the
results of the standards.
Lewis Jamison, President of the Homebuilders
Association was present to speak. The Homebuilders supports a
good water system for Roanoke County and appreciate the
opportunity to monitor this for six month to see if there are any
problems.
Steve Strauss of Strauss Construction pointed out that
the water connection fees were recently raised to $1036 and will
take affect this year, and asked what the homebuilder was
getting, since the policy stated it would include fire protection.
Mr. Craig responded that this fee was an off-site facility fee.
The County will credit the developer up to half his off-site
facility. If his cost exceeds that he may request the other half
and the Board may approve this. Mr. Strauss stated the present
fees are based of the cost to provide facilities. The fee is to
provide domestic service and fire protection. The developer was
led to believe this fee would cover full service. John Hubbard
stated this fee is for the County to provide the service, and the
fee was a compromise. Mr. Strauss should not expect the funds
for the entire system to be collected in only nine months.
Mr. Straus requested that the resolution be adopted for a
six-month trial basis and brought back before the board at the
end of that period.
Supervisor Brittle moved to approve the resolution
adopting the design and construction standards for water
facilities, and that the staff monitor the results over a period
of six months. The motion was seconded by Supervisor McGraw.
April 28, 1987
f 457
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RESOLUTION 42887-2 ADOPTING DESIGN AND
CONSTRUCTION STANDARDS FOR WATER
FACILITIES
WHEREAS, the utJlity Director and other County staff have
developed certain design and construction standards for water
facilities; and
WHEREAS, these design and construction standards may be
adopted by resolution by the Board of Supervisors pursuant to
Section 20.1-11 of the 1971 Roanoke County Code (Chapter 22 of
the 1985 Roanoke County Code); and
WHEREAS, these design and construction standards for water
facilities shall take effect as of the date of this resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That the attached design and construction standards for
water facilities are incorporated herein by reference; and
2. That these standards are effective immediately and apply
to all water utility plans which have not been accepted for re-
view by the Department of Development prior to March 25, 1987;
provided said plans, in the review process, received final approv-
al by the County within 60 days of the effective date of these
standards.
On motion of Supervisor Brittle, seconded by Supervisor
McGraw, and upon the following recorded vote:
AYES:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS:
None
2. Request for Approval of Funding Allocations for
Utility Capital Projects:
Clifford Craig reported that the
current projects are in various stages of design and
construction. Two of the items were over budgeted by $168,037.
The staff is requesting that these funds be allocated to the
1987/88 Replacement/Improvement Projects. This will give a
total of $368,037 available for this program. Mr. Craig reviewed
458
April 28, 1987
the status of both the current projects and the projects planned
for 1987/88.
Supervisor McGraw asked when the North Lakes water
system connection toward Cove Road will be completed. Mr. Craig
responded that this should be complete before June. He also
described the problems that may result when this is complete.
Supervisor Johnson moved to approve the staff
recommendation. 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 to Execute a Detention Horne
Contract with the City of Roanoke: Michael Lazzuri, Director
of Court Services advised the Board that in 1986 the City of
Roanoke canceled all existing contracts and submitted a new one
for counties and cities using their detention facilities. The
rate has risen to $32.87 per day for secure detention, and $7.44
per day for the outreach program. Roanoke County also has a
contract with the New River Valley Detention Commission at a
charge of $20.00 per day, on a space available basis. However,
juveniles are frequently moved after one day from that facility
to the Roanoke City facility. Mr. Lazzuri requested that the
Board authorize the County Administrator to execute the contract
with the City of Roanoke. He also estimated that additional
funds in the amount of $7,740 will be needed for 1986/87
detention care.
Supervisor Nickens moved that the County Administrator
be authorized to execute the contract with the City of Roanoke
and that $8,000 from the Board Contingency fund be allocated for
detention. The motion was seconded by Supervisor Brittle and
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
None
April 28, 1987
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4. Approval to amend the Weed and Trash Ordinance:
Assistant County Administrator Timothy Gubala stated a recent
court case was brought to General District Court and the case was
thrown out because of weaknesses in the ordinance. The
Commonwealth's Attorney has requested that the ordinance be
amended to make it more enforceable.
Supervisor McGraw moved to approve the amendments to
the ordinance and schedule the necessary readings. The motion
was seconded by Supervisor Nickens and carried by the following
recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
ABSENT: None
5. Claim of Robin Renee Iddings: Anthony
F. Anderson, attorney for Robin Renee Iddings, was present to
file a claim on her behalf for aggravation of injuries sustained
as a result of alleged negligence of a County employee. This is
an exhaustion of administrative remedies and procedural steps
required for filing a legal action against the County.
Supervisor Johnson moved to deny Miss Idding's claim.
The motion was seconded by Supervisor Nickens and carried by the
following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
ABSENT: None
IN RE:
REQUESTS FOR WORK SESSIONS
None
IN RE:
REQUESTS FOR PUBLIC HEARINGS
I
46()
April 28, 1987
None
IN RE:
APPOINTMENTS
1. Ad Hoc Committee for the County Members of the
Reqional AirDort Commission: Supervisor Brittle asked that
appointments to this committee be postponed until further notice.
N RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Garrett announced that he would like to
remove the petition of Springwood Associates from the table to be
heard as soon as possible. County Attorney Paul Mahoney
recommended it be heard at the next evening session when other
rezonings are heard, and that a legal notice be published.
Supervisor Garrett also requested that the Deputy Clerk notify
Mr. Freeman of the hearing date.
Supervisor Garrett also moved that the staff request
:the Va. Department of Transporta tion for "No Parking" signs in
the vicinity of the Castle Rock Swim Club. The motion was
ßeconded by Supervisor McGraw and carried by a unanimous voice
~ote.
Supervisor Nickens announced that the CORTRAN Task
~orce met recently, and established goals such as keeping the
program going, asking the private sector for funds, and pursuing
~ny federal or state funding available. Another meeting is
scheduled, and the task force will be expanded.
Supervisor Johnson presented a proposed resolution
from the Clean Valley Council. They are requesting that the
461
April 28, 1987
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County participate in their recycling project at no cost to the
County. He requested staff to investigate their request, and
bring back an agenda item at the next Board meeting.
Supervisor Johnson also wished to state for the record
that he has visited the Palm Valley area, the Back Creek and
Starkey Road area, the Green Valley area, and Kentland Drive to
assess the flood damage recently. He directed staff to study the
drainage and flood problems in Roanoke County and bring a report
back to the Board with possible solutions, and the costs
ass 0 cia t e d
wit h
the s e
sol uti 0 n s .
IN RE:
CONSENT AGENDA
Supervisor Nickens stated that Resolution on Item 2
should include Botetourt County. With that addition, he moved
approval of the Consent Agenda. The motion was seconded by
Supervisor Brittle
RESOLUTION NO. 42887-6 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
County, Virginia, as follows:
1. That that certain section of the agenda of the
Board of Supervisors for April 28, 1987, designated as Item J -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 4, inclusive, as follows:
1. Minutes of Meeting - March 24, 1987.
2. Approval of a Clean Valley Committee Anti-Litter
Grant Application.
3. Acceptance of a deed conveying the sewer lines in
Merriman Estates.
4. Acceptance of a deed conveying the water and sewer
lines in Plantation Estates.
462
April 28, 1987
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
Brittle, and upon the following recorded vote:
AYES:
NAYS:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
None
IN RE:
REPORTS
Supervisor Nickens noted that Item L-l, Board
Contingency Fund is now down to $30,930. The following reports
were received and filed:
1. Board contingency Fund
2. General Operating Fund Income and Expense Analysis
for the Month ended March 31, 1987.
3. Unappropriated balance as of April l4, 1987
4. Development Data Report - First Quarter 1987
IN RE:
EXECUTIVE SESSION
At 4:10 p.m., Supervisor Nickens moved to go int<
Executive Session pursuant to the Code of Virginia Sectiol
2.1-344 (a) (1) to consider a personnel matter. The motion wa
seconded by Supervisor Garrett.
IN RE:
OPEN SESSION
At 5:00 p.m., Supervisor Johnson moved to return t
Open Session. The motion was seconded by Supervisor Brittle an
carried by a unanimous vote.
463
April 28, 1987
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IN RE:
DINNER RECESS
At 5:01 p.m., Chairman Johnson declared a recess for
dinner.
IN RE:
CALL TO ORDER
At 7:04 p.m., Chairman Johnson called the meeting back
to order.
IN RE:
FIRST READING OF ORDINANCES
1. Ordinance amending Article 2 of Chapter 5,
"Animals and Fowl" of the Roanoke County Code, requiring the
Vaccination of Cats to Prevent Rabies: County Attorney
Paul Mahoney reported that at the April 14, 1987 meeting, Chief
Animal Control Officer Kenneth Hogan submitted a report and draft
ordinance recommending a Rabies prevention program. Even though
the Board members had questions at that time, they recommended
that the draft ordinance go through the first and second reading
process.
Supervisor Nickens stated he was concerned that this
ordinance would be difficult to enforce, but was aware it was
important to keep Rabies from corning into the County. Supervisor
Johnson pointed out that if an ordinance exists, at least the
public would be aware of the spread of rabies. Even voluntary
compliance would help confine the spread.
Supervisor McGraw moved the first reading of the
ordinance. The motion was seconded by Supervisor Johnson.
Supervisor Nickens asked Mr. Hogan how complaints will
be handled. Mr. Hogan responded that if there is no vaccination
for an animal, a summons will be issued, and the citizen must
bring the vaccination record to court.
4 6~'
April 28, 1987
AYES:
NAYS:
ABSENT:
The motion carried by the following recorded vote:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
None
None
2. Ordinance accepting Deed of Easement from Urban
Development and Investment, Ltd.: Mr. Mahoney reported this
was to provide an ordinance authorizing an acceptance of a deed
of easement for Urban Development and Investment, Ltd. for water
and sanitary sewer easements. He noted a correction on the
ordinance.
Supervisor Garrett moved to approve the first reading
of the ordinance. The motion was seconded by Supervisor Johnson
and carried by the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
ABSENT: None
IN RE:
SECOND READING OF ORDINANCES
l. Ordinance accepting a drainage easement from the
Trustees of the Fort Lewis Christian Church: Mr. Mahoney
stated this ordinance would authorize the Board to accept this
easement from the Church. It is necessary to provide drainage
from streets in the Fort Lewis Village Subdivision to allow them
to be accepted into the Secondary System. The cost will be
$120.00 from the subdivision bond. Mr. Mahoney advised that
previously the Church had donated the easement. They later
rescinded that action and decided to request payment.
Supervisor McGraw moved to rescind the previous action
and approve the second reading of the ordinance. The motion was
seconded by Supervisor Nickens and carried by the following
recorded vote:
465
April 28, 1987
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ORDINANCE 42887-7 ACCEPTING A DRAINAGE
EASEMENT FROM THE TRUSTEES OF THE FORT
LEWIS CHRIST~AN CHURCH
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of
the Charter of Roanoke County, a first reading on the acquisition
of the hereinafter-described real estate was held on April 14,
1987. A second reading on this matter was held on April 28, 1987.
The real estate to be acquired is a drainage easement of variable
width across Lots 4 and 5, Section 1 of the Samuel White Farm and
is located in the City of Salem; and
2. That the conveyance of the drainage easement from
the trustees of the Fort Lewis Christian Church to the Board of
Supervisors of Roanoke County for the sum of One Hundred Twenty
($120.00) is hereby authorized and approved; 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 this pro-
perty, all of which shall be upon form approved by the County
Attorney.
On motion of Supervisor McGraw to rescind previous
action and approve ordinance, seconded by Supervisor Nickens.
AYES:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS:
None
ABSENT:
None
2. Ordinance amending Section 20.1-11 of the Roanoke
County Code (1971) by the repeal of subsection (a), (b) and (c)
pertaining to certain standards and specifications: Mr.
Mahoney stated this ordinance must be adopted concurrently with
the resolution adopted in the afternoon session concerning the
Design and Construction Standards for Water Facilities. The
first reading was held on March lOth. The second reading was
continued from March 24, 1987.
The effective date of this
466
April 28, 1987
ordinance is April 28, 1987, even though the effective date of
the Resolution is March 24, 1987. He also noted there was a
correction on the ordinance.
Supervisor Johnson moved to approve the second reading
of the ordinance. The motion was seconded by Supervisor McGraw.
ORDINANCE 42887-8 AMENDING SECTION
20.1-11 OF THE ROANOKE COUNTY CODE
(1971) BY THE REPEAL OF SUB-SECTION
(a), (b) AND (c) PERTAINING TO CERTAIN
STANDARDS AND SPECIFICATIONS
WHEREAS, pursuant to the provisions of Section 18.04 of
the Charter of Roanoke County, a first reading of this ordinance
was held on March 10, 1987, a second reading was held on Maret
24, 1987 and April 28, 1987,and a public hearing was held thereor
on March 24, 1987 and April 28, 1987, concerning an ordinancE
amending and repealing portions of the Roanoke County COdE
pertaining to the design of water mains, valves and hydrants; and
WHEREAS, Section 20.l-ll of Chapter 20, "Wa ter," of th
1971 Roanoke County Code (Chapter 22, "Water," of the 198
Roanoke County Code) provides for certain standards and specifica
tions for water mains, valves and fire hydrants; and
WHEREAS, said standards and specifications conflic
with certain proposed "Design and Construction Standards fo
Water Facilities"; and
WHEREAS, said proposed "Design and Construction Stan
dards for Water Facilities" were adopted by resolution of th~
Board of Supervisors of Roanoke County, Virginia, contemporaneous~
ly with the adoption of this ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Board of superv"-
sors of Roanoke County, Virginia, as follows:
1. That Section 20.1-11 of the Roanoke County CO( e
(1971) is amended and portions thereof repealed to read and pr -
vide as follows:
Sec. 20.1-11. Design of mains; valves and hydrants.
April 28, 1987
46't
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,J
All mains, valves, hydrants, fittings and accessories shall
be designed to withstand a normal working pressure of not less
than one hundred and fifty pounds per square inch and shall con-
form to the specifications of the American Water Works Associa-
tion, state regulations and county specifications and standards
adopted by the board by resolution and in effect at the time of
approval.
f~+ M~ifts. M~ifts sha%% be six iftehes, iftside di~me~er, ex-
eep~ ift ~he ease o£ de~d-eftd s~ree~s or where ttsed p~r~%%e% ~o
six ifteh maifts or %ar~er m~ifts %oe~~ed wi~hift ~he s~me s~ree~ o£
ri~h~-o£-way. !ft ftO ease sha%% afty wa~er maift be %ess ~haft £ottr
iftehes, iftside diame~er. No wa~er m~ift ser~ift~ Ofte or more fire
hydraft~s sha%% be %ess ~h~ft six iftehes, iftside di~me~er. !ftS~~%-
%~~ioft o£ a hydraft~ Oft exis~ift~ %iftes wi~h ~ft iftside di~me~er
%ess ~haft six iftehes mtts~ be appro~ed by ~he diree~or. A%% dead-
eftd w~~er m~ifts sha%% ha~e ade~tt~~e b%ow-o££ ~a%~es or fire hy-
draft~s a~ ~he eftd ~hereo£ ift aeeordaftee wi~h ~he speei£ie~~iofts
~ftd s~~ftdards. Att~om~~ie air re%ie£ ~a%~es sha%% be ifts~~%%ed ~~
~he hi~h poift~s o£ wa~er maifts where ~eettmtt%~~ioft o£ ~ir m~y
ift~er£ere wi~h ~he £%ow.
fb+ Va%~es. A%% ~a%~es sha%% opeft ~o ~he %e£~. ~eh ~a%~e
sha%% be aeeessib%e £or opera~ioft wi~h s~~ftd~rd ~~%~e key ~hrott~h
a ~~%~e box ex~eftdift~ ~o ~he ~rottftd sttr£aee.
fe+ Fire Hydraft~s. Hydr~ft~s sh~%% h~~e ~wo ~wo ~ftd ofte-ha%£
ifteh ftozz%es aftd ofte £ottr aftd ofte-ha%£ ifteh pttmper ftozz%e.
Nozz%e e~ps sha%% be pro~ided wi~h stti~~b%e ~aske~s ~o pro~ide a
~i~h~ sea% wi~h ~he ftozz%es. Stteh eaps sha%% be seettre%y eh~ifted
~o ~he b~rre% o£ ~he hydr~ft~s. €ap fttt~S sh~%% ha~e ~he same
dimeftsiofts as ~he opera~ift~ fttt~ o£ ~he hydraft~. ~he size o£ ~he
m~ift ~~%~e opeftift~ o£ ~he hydraft~ sh~%% be ftO~ %ess ~h~ft £ottr ~ftd
ofte-ha%£ iftehes. ~he hydraft~ sha%% eOftftee~ ~o ~ six ifteh brafteh
pipe %ifte ift whieh is %oe~~ed ~ft iso%a~ift~ ~a~e ~a%~e. Hydr~ft~s
sha%% be %oea~ed ftO~ more ~h~ft ~we%~e £ee~ from ~he ed~e o£ ~he
468
1\~r:H: ~87 198~
~a~effie8~ ~8~eSS a~~fier~~ed by d~ree~erõ ~n wa~er sys~effis ser~~n~
~~bd~~~s~ens7 £~re fiydra8~s sfta~~ be ~8s~a~~ed se ~fia~ ~fiere w~~~
be a~ ~eas~ e8e fiydran~ w~~ft~n £e~r ft~8dred £ee~ e£ ~fte ee8~er e£
~fte £re8~ ~re~er~y ~~8e e£ eaefi ~e~ ser~ed by s~efi sys~effiõ
Bydra8~s sfia~~ be ~eea~ed a~ s~ree~ ~n~ersee~~ens7 ~£ ~ess~b~eõ
~erdõ Neõ ~5~~õt
2. That the effective date of this ordinance shall be
pril 28, 1987.
On motion of Supervisor Johnson, seconded by Supervisor
~cGraw, and upon the following recorded vote:
YES:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
~A YS :
None
N RE:
PUBLIC HEARINGS
,87-1
PETITION OF APPALACHIAN POWER COMPANY
REQUESTING REZONING FROM B-1 OFFICE TO
M-2 GENERAL INDUSTRIAL AND FROM M-2
GENERAL INDUSTRIAL TO B-l OFFICE OF A 47
ACRE PARCEL LOCATED ON LOCH HAVEN ROAD IN
THE CATAWBA MAGISTERIAL DISTRICT
APPROVED
Supervisor McGraw stated he would abstain from a vote
)n this matter because of ownership of property adjacent to the
)eti tioner.
Assistant County Administrator Timothy Gubala announced
hat this petition previously carne to the Board in 1986. At that
ime, there was a questions concerning where the office building
Nould be. Since then, the site plan has been worked out, and it
's necessary to amend the zoning.
The Planning Commission
ecommended unanimous approval of this petition. Mr. Layman and
)thers from Appalachian Power were present to answer questions.
Supervisor Johnson asked if the screening and buffering
~as to begin immediately. Mr. Layman responded that the Proffer
bf Condition includes this. Supervisor Johnson moved to approve
he petition. The motion was seconded by Supervisor Garrett.
469
April 28, 1987
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FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that portions of the
aforementioned parcel of land, which is contained in Roanoke
County tax maps as parcel 36.l0-l-l4 be rezoned from B-l (Office)
to M-2 (General Industrial) District and that other portions be
rezoned from M-2 (General Industrial) to B-1 (Office) District
with the result that the portion of the land zoned B-1 shall be
as described in Schedule A attached hereto and the portion of the
land zoned M-2 shall be as described on Schedule B attached
hereto, all 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;
(8) Flea markets;
(9) Brick manufacturing plants and sawmills;
(10) Cotton spinning mills;
(11) Boat building;
(12) Stone works
470
April 28, 1987
(B) In connection with its development of the subject
Þroperty, Appalachian Power Company will landscape the property
substantially in accordance with the Conceptual Planting Plan
~ttached hereto, identified by drawing number SKA-4002C PL and
~a ted March 3, 1987. Those areas labeled "proposed planting" on
I~he Planting Plan will be landscaped at the time of initial site
~rading so as to comply with the "Type E" requirements of the
~oanoke County Screening and Buffering Ordinance (section
~1-92.g., Roanoke County Code).
(C) (1) If Appalachian Power Company has not, by February l,
~99l, commenced construction of improvements on the portion of
I~he land rezoned M-2 (General Industrial District) in accordance
~ith a site plan approved by the appropriate Roanoke County
þfficials, and if no extension of such deadline is granted
by Roanoke County on request of Appalachian Power Company,
~ppalachian Power Company will promptly offer the entire 47± acre
parcel for sale at its appraised fair market value as zoned B-1
3.nd M-2.
(2) If Appalachian Power Company has not, by February
, 1993, commenced construction of improvements on the portion of
~he 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 Power Company, Appahachian Power
~ompany 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 land rezoned B-l (Office District)
is described in Schedule A attached.
(b) The portion of the land rezoned M-2 (General
Industrial District) is described in Schedule B attached.
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that
471
April 28, 1987
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- _.- .-."..--......--..--.. -----"-~..._.-_._--..._~.,"..,,--~~-..~..._--~_..-
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: Supervisors Brittle, Garrett, Nickens, Johnson
NAYS: None
ABSTAIN: Supervisor McGraw
SCHEDULE A:
Description of Property Rezoned B-l (Office
District)
BEGINNING at a concrete monument with copper pin
located in the northerly right of way line of Loch Haven Drive at
the southwest corner of the property now or formerly of Donald E.
Davis (Deed Book 939, page 18); thence with the northerly right
of way line of Loch Haven Drive the following courses and
distances:
89.97 feet to an iron pin
360.69 feet to a concrete highway
monument;
l56.52 feet to a concrete highway
monument;
223.70 feet to a concrete highway
monument;
thence leaving the northerly right of way line of Loch Haven
Drive S. 130 01' 24" E 40.00 feet to a p.k. nail in the center of
Loch Haven Drive;thence with the center of Loch Haven Drive the
following courses and distances:
S. 760 03' W.
S. 760 37' 48" w.
S. 570 55' 32" W
S. 380 58' 32" W.
S. 480 40' 50" w.
S. 630 55' 18" W.
176.53 feet to a p.k. nail;
244.38 feet to a p.k. nail;
with a curve to the right having an arc distance of
45.00 feet, a radius of 718.87 feet, and the long
chord of said curve being S. 780 25' W. 44.9 feet to
a point;
thence leaving Loch Haven Drive and with a new line through the
property of Appalachian Power Company, the following courses and
distances:
N. 070 55' E. 245.00 feet to a point;
N. 520 05' W. 172.00 feet to a point;
N. 180 45' W. 145.00 feet to a point;
N. 710 15" E. 753.00 feet to a point;
N. 440 32' 23" E. 207.89 feet to a concrete
monument with copper pin, corner
to property of Gratton E. Wells;
thence running with the lands of Gratton E. Wells N. 790 13' 04"
E. 335.00 feet to an old pin, common corner with the lands of B.
W. Francisco (Deed Book 1203, page 30) and Donald E. Davis (Deed
Book 939, page 18); thence with the Davis lands S. 60 15' E.
282.20 feet (passing a concrete monument with copper pin at
232.20 feet) to a concrete monument with copper pin in the
northerly right of way line of Loch Have Drive, the point of
BEGINNING, being shown on a plat entitled "Survey for the
Appalachian Power Company showing 46.40 Acre Tract Property of
"\ 4 7 2
April 28, 1987
Levi A. Hoffman Estate," dated December 2, 1985, made by T. P.
Parker & Son, Engineers and Surveyors, Ltd. (revised March 4,
1986)
SCHEDULE B: Description of Property Rezoned M-2
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, Lot 2,
Morris Subdivision, in lands of Gratton E. Wells; thence leaving
said point of BEGINNING and running with the common boundary
lines 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
902.0 feet to a concrete monument
with copper pin;
N. 670 45' 00" E.
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 S. 230 47'
30: E. 56l.60 feet to a concrete monument with copper pin;
thence leaving the line of Gratton E. Wells and with a new line
through the property of Appalachian Power Company the following
courses and distances:
S. 440 32' 23" W. 207.89 feet to a point;
S. 710 15' W. 753.00 feet to a point;
S. 180 45' E. 145.00 feet to a point;
S. 520 05' E. 172.00 feet to a point;
S. 70 55' w. 245.00 feet to a point - in the
center of Loch Haven Drive;
thence, running with the said center of Loch Haven Drive the
following courses and distances:
with a curve to the right having an arc distance of
147.48 feet, a radius of 718.87 feet, and the long
chord of said curve being S. 860 06' W. l47.22 feet
to a p.k. nail;
N. 880 Ol' 44" W.
N. 870 ll' 30" W.
107.06 feet to a p.k.nail;
229.06 feet to a p.k.nail;
thence leaving the center of Loch HavenDrive N. 220 54' E. 39.01
feet to a concrete highway monument in the northerly right of way
line of Loch Haven Drive; thence with the northerly right of way
lines of Loch Haven Drive and Virginia Route 419 the following
courses and distances:
N. 750 4l' 10" W. 109.99 feet to a concrete
highway monument;
S. 740 39' 50" W. 68.l2 feet to a concrete highway
monument;
with a curve to the right having an arc distance of
207.77 feet, a radius of 798.51 feet, and the long
chord of said curve being N. 780 13' 20" W. for a
distance of 207.19 feet to an iron pin;
N. 560 33' 24" W. 105.30 feet to an iron pin;
N. 620 32' 56" W. l66.l8 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 a copper pin;
· ,
473
April 28, 1987
------,.~_._,.._---_.._-----.---,----...- _._'---,.~--_._.- "..-----...,-,.-.----.--,-.,.-----
_ ,.._.'o.'U' _..'__,. _'._". .._. __.._,". .__,_.___',. _, __.._,.._'_"_
thence leaving ~id northerly right of way line of Virginia Route
419 and running partly with the common boundary line of 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
N. 510 27' 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
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 46.40 Acre Tract Property of Levi
A. Huffman Estate," dated December 2, 1985, made by T. P. Parker
& Son, Engineers and Surveyors, Ltd. (Revised March 4, 1986.)
487-2
PETITION OF GERHARD SIGRIST REQUESTING
AMENDMENT OF CONDITIONS OF A TRACT
CONTAINING 0.76 ACRES AND LOCATED ON
ROUTE 221 IN THE WINDSOR HILLS
MAGISTERIAL DISTRICT.
APPROVED
Mr. Gubala noted this was previously heard by the Board
of Supervisors in January of 1986. At that time a fast food
restaurant was proposed and the property was rezoned B-2 with
proffered conditions.
Since that time, the owners have found
another client to use the property. Mr. Sigrist plans to put a
sewing machine sales and service facility on the property, and
wishes to amend the conditions of the original rezoning. The
Planning Commission recommended approval with proffered
conditions.
Heywood Fralin was present to represent the petitioner.
Mr. Fralin stated there had been concern with the number of
entrances on Brambleton Avenue. The petitioner has submitted a
proffer that only one entrance will corne from Brambleton Avenue.
There may be an additional entrance from the side street.
Supervisor Garrett moved to approve the petition
with proffered conditions. The motion was seconded by Supervisor
McGraw.
474
April 28, 1987
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County tax Maps
as Parcel 77,09-4-42,43 and 44 and recorded in Deed Book and
legally described below be amended by B-2 District to B-2
Conditional District.
East 50' of Lot 8, all of Lot 9
and 10, D. B. Ferguson Map
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 and upon the
following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
PROFFER OF CONDITIONS
1. The westerly 100' of the parcel will be used for a
sewing machine sales and service facility.
2. The building housing the sewing machine sales and
service will be consistent with the design of the existing
property bounded on the westerly side of the rezoned parcel.
3. No portion of the property will be used for any of the
following:
(a) Public billiard parlors and poolrooms, bowling
alleys, golf driving ranges and similar forms of
public amusement
(b) Animal hospitals or clinics and commercial kennels.
(c) Home for adults
.
475
April 28, 1987
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(d) Hospitals, hospital special care or nursing home.
(e) Flea markets
(f) Undertaker establishment
(g) General advertising billboards
4. Only one (I} entrance of reasonable width will be cut
off of Brambleton Avenue to serve the two proposed 100' parcels.
487-3
PETITION OF CHARLES AND ANN HOWARD FOR
A SPECIAL EXCEPTION PERMIT TO OPERATE A
COUNTRY CLUB AT 5400 PONDEROSA DRIVE IN
THE CATAWBA MAGISTERIAL DISTRICT
WITHDRAWN
Chairman Johnson announced that the petitioner has
withdrawn this request.
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
Chairman Johnson announced that since there were many
citizens present to address the Board, he was imposing a
three-minute time limit.
The following residents of the Windsor West area of
Southwest County spoke on the drainage, flooding, and sewer
problems in their neighborhood.
1. Diana L. Smith, 2534 willowlawn Street S. w.
2. Anita J. Caldwell, 2526 Willow lawn Street S. W.
3. Robert Tennant, 3716 Kentland Drive S. W.
4. Ellen Wallace, 36626 Kentland Drive S. W.
5. Zane Altice, 3617 Kentland Drive S. W.
6. Gene Curbow, 3637 Kentland Drive S. W.
7. Victoria V. Holpe, 3438 South Park Circle S. W.
8. Lisa Bennett, 3606 Kentland Drive S. W.
The following residents of the Palm Valley/Sun Valley
and other areas of Northwest and Northeast County spoke on the
drainage, flooding and sewer problems in their area.
476
April 28, 1987
1. R. M. Easley, 1202 Nover Avenue N. w.
2. Jack R. Hurd, 113 Verndale Dr. N. E.
3. Daniel R. Otey, 5346 Palm Valley Rd. N. E.
4. Minnie Reynolds, 30 Orlando Avenue N. E.
5. Janice Mitchell, 30 Orlando Avenue N. E.
6. Palmer Bla ck , 5336 Palm Valley Rd. N. E.
Mr. Gene Curbow presented a petition signed by
residents in both areas requesting that the Board of Supervisors
establish funding for drainage, cleanup, sewer and flooding
problems.
~YES:
NAYS:
Chairman Johnson advised the residents that the Army
Corps of Engineers is now studying Mason's Creek, Carvin's Creek
and Tinker Creek.
The Board of Supervisors directed County Administrator
Elmer Hodge and staff, along with two board members to ascertain
the problems, and to prepare a program of action, both short-term
and long-term. Chairman Johnson requested that a report be
brought back to the board in thirty days.
Supervisor Nickens moved to direct the County Attorney
to take the appropriate legal steps to increase the vehicle decal
fee by the maximum allowed on July l, 1987, and that $200,000 of
these funds be allocated to solve the drainage and flooding
problems. The motion was seconded by Supervisor McGraw.
Mr. Hodge requested that the Board wait thirty days
until the report is prepared before taking this action.
Supervisor Nickens responded that he felt the Board should begin
taking some action immediately to correct the problems.
The motion carried by the following recorded vote:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
None
'.
April 28, 1987
477
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Supervisor McGraw asked if that $200,000 annually could
be used as a debt service for a bond for this purpose. Mr. Hodge
responded that this would require a bond referendum vote.
IN RE:
ADJOURNMENT
At 8:45 p.m., Chairman Johnson declared the meeting
adjourned.