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8/25/1987 - Regular 0114 August 25, 1987 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Bramb1eton Avenue, SW Roanoke, Virginia 24018 August 25, 1987 The Roanoke County Board of Supervisors of Roanoke County, virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of August, 1987. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:01 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: Supervisor Alan H. Brittle 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. Guba1a, Assistant County Administrator for Community Development; Paul M. Mahoney, County Attorney, Mary H. Allen, Deputy J l~ August 25, 1987 ~_ -_·"'·_'''M .~~ vo..._ _'.. ....~.._,., ___,~W___,__,,_._..~.._ '_~'_"_.~.__.___,.,_., _ , ..,,_..._._., .. ",",.' _",_".~._ _ __ ···.___W., _.._ '~"". ...,.~_ ,._.,-,__ __.,__~+~ '___',>..,.,_._ -..M____~··~_____.._'_____r_._~_~'.~._...____,_._.~.._____,. "_...~..'__.,,_ .'- ,._"._.~--_...__.~" . -^'.. .-..,- ·''''_·_______O_·_____·'h·_..,' .....,_ n ..,_......_~_._._.~_...__, ~_..~~ Clerk; Jack Council, Procurement Director; Phillip Henry, Director of Engineering; Reta Busher, Director of the Budget; Clifford Craig, Director of Utilities; Gardner Smith, Director of General Sarvices; Stephen Carpenter, Director of Parks and Recreation N RE: OPENING CEREMONIES The invocation was given by the Reverend Bob Alderman, henandoah Baptist Church. The Pledge of Allegiance was recited y all present. N RE: COUNTY ADMINISTRATOR'S COMMENTS County Administrator Elmer C. Hodge introduced Director f the Budget Reta Busher, who announced that Roanoke County has eceived $361,000 in reimbursements from the Federal Emergency anagement Agency for 1985 flood-related expenses. N RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF GENDA ITEMS Mr. Hodge added Item E-4, Southwest Industrial Park ndustria1 Access Funds. N RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 116 August 25, 1987 1. Resolution of Congratulations to Elizabeth Stokes upon being named National Clerk of the Year: Chairman Johnson presented a resolution to Elizabeth Stokes, Clerk of Circuit Court for being named the National Clerk of the Year by the National Association of Clerks and Recorders. Mrs. Stokes was present to receive the resolution. Supervisor Nickens moved to approve the resolution. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Garrett, McGraw, Nickens, Johnson NAYS: None ABSENT: Supervisor Brittle RESOLUTION 82587-1 OF CONGRATULATIONS TO ELIZABETH STOKES UPON BEING NAMED NATIONAL CLERK OF THE YEAR BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, Elizabeth Stokes was elected Clerk of Circuit Court in 1967, and has served with distinction since that date; and WHEREAS, her activities as Clerk have included membership in such organizations as the Virginia Association of Counties, the National Association of Counties, and the National Association of Clerks and Recorders; and · .11'i August 25, 1987 _ .. ____.".__._".__..__ _ M ..._,.__"_,~'_"_'_.".' ",,_ _. _"~___.~....,.~. ._-.._...__~_-._.. .'~__.... _ ....._·k -"--n---- .------..------.--.-----.---..-.-.--. --------- ....---..... II I I .'. __·__~,·__U~._..__ _ _ ...,._......".".__...._.._ o_··__",~..__._.,·"__ WHEREAS, she has served on the Board of Directors of organFza tions, and is' presently a member of the Board of irectors of the Nationai Association of Clerks and Recorders; served as its president in 1983; and WHEREAS, this is an indication of her dedication to urthering the interests of counties throughout the Commonwealth United States of America; and WHEREAS, in recognition of her outstanding career in oca1 government service, the National Association of Clerks and ecorders recently selected her as National Clerk of the Year their annual conference in Indianapolis, Indiana. THEREFORE, BE IT RESOLVED that the Board of Supervisors f Roanoke County extends its congratulations to Elizabeth Stokes or receiving this high honor from her peers; and FURTHER, the Board of Supervisors of Roanoke County ishes to express its deep appreciation for her many years of ervice and dedication to our County citizens. 2. Proclamation declaring August 26, 1987 as "Magna arta Da Chairman Johnson presented a proclamation in honor f the exhibition of historical documents in the Roanoke Valley. PROCLAMATION DECLARING AUGUST 26, 1987 AS MAGNA CARTA DAY IN THE ROANOKE VALLEY WHEREAS, the Roanoke Valley Commission on the icentennia1 of the United States Constitution and American 118 August 25, 1987 Express have joined together to provide a special exhibit, Roads to Liberty: Maqna Carta to the Constitution; and WHEREAS, this exhibit is being held in commemoration of the 200th birthday of the united States Constitution; and WHEREAS, the 722 year old Lincolnshire copy of the Magna Carta, one of only four originals, will be on display, as well as an original draft of the Constitution and other historical documents; and WHEREAS, this historical collection of priceless documents has been made available to all Roanoke Valley residents who wish to view it at the Roanoke Civic Center. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County do hereby proclaim Wednesday, August 26, 1987 as: MAGNA CARTA DAY and urge all the citizens in the Roanoke Valley to visit this exhibit and view these important parts of our history. Supervisor Nickens moved to approve the proclamation. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Garrett, McGraw, Nickens, Johnson NAYS: None ABSENT: Supervisor Brittle 119 August 25, 1987 _,_._._._.,_._~____ _...o<~ ---""--_._--"~--~-' ~"'''-----''''----'--''"-''''-'-''--- -~- __ _··~_H.....···.."'_·_~__.___._..._...___,.~ _,_, ,.._.~.." .__._ -...........-....,..-,..,. -_.~..~.--_._- _.________._o_·____._._____~__.___.._._ .__.~, ...._ ,______ ,.-.. .. .. .._...__....-~,._-_._..- ~.~-,.- ",", - .". - -. - -,---. ._'-,,----,-_._.- 3. Recognition of Bob Craighead, Norfolk/Southern Corporation for economic development efforts: Chairman Johnson announced that Mr. Craighead had assisted Roanoke County in many of their economic development efforts, and the County wished to recognize him with a Certificate of Appreciation upon his retirement from the Norfolk Southern Corporation. Mr. Craighead was present and thanked the board for this honor. IN RE: NEW BUSINESS 1. Authorization for the Regional Airport Commission to enter into an a reement with the FAA for relocation of the 1ide S10 e: Supervisor Garrett advised that authorization to spend these funds must be approved by both Roanoke City Council nd the Board of Supervisors according to the commission contract. All expenditures by the Regional Airport Commission in of $100,000 must be approved by both localities. Supervisor Garrett moved to authorize the Regional irport Commission to approve the necessary funding for the e1ocation of the Glide Slope. The motion was seconded by upervisor Johnson and carried by the following recorded vote: Supervisors Garrett, McGraw, Nickens, Johnson None BSENT: Supervisor Brittle c··t20 _._- 2. Request for approval to purchase four voting machines: Registrar Elizabeth Leah reported that projecte registration figures for the November election show tha the purchase of four additional voting machines are necessary These can be purchased at a reduced rate if they are bought now and will come with a five-year warranty. The $5980 fund necessary to purchase the machines will come from the Registrar' budget and, and will be reimbursed from the state after th presidential primary. Supervisor Nickens moved to approve the purchase of th voting machines. The motion was seconded by Supervisor Garret and carried by the following recorded vote: AYES: Supervisors Garrett, McGraw, Nickens, Johnson NAYS: None ABSENT: Supervisor Brittle 3. Authorization for Count Administrator to execute a reement with the state to administer construction of Green Hill Park Access Road: Director of Engineering Phillip Henry advised that th Va. Department of Transportation has approved the board's reques for $240,500 with a match of $40,500 from Roanoke County for th construction of an access road into Green Hill Park. project will be expedited if Roanoke County administers th 121 . .-... --,.....-.<.... -_.~--~-- ....-...... "~'.._~_.__. -_._---,,-~.-- ,---_.---, -_.,-,.'.__.. -'-'.-", .'---..-- -'~'--'_.'¥ '-" ~ --- .- ... _..' '-'-'''-''.-'-'---.''»' "'. _...._~-....._-,....~-_."._-- p}oject, and the staff has prepared an agreement allowing the County to administer the construction. Supervisor Nickens asked what the cost would be for the engineering and project management; and what on-going projects will be deferred in order to work on this project. Supervisor Johnson advised that Green Hill Park will playa significant role in the Sesquicentennial activities and should have a high priority. Mr. Henry also advised that the work should begin before winter starts so paving could begin early in the spring. The grant is for construction only and the costs for engineering and design would be borne by the County whoever handles the project. Supervisor Nickens asked what the cost estimate were for this. Mr. Henry responded that the design will cost pproximate1y $5,000 and the engineering approximately $5,000. Supervisor McGraw moved to approve the staff recommendation. The motion was seconded by Supervisor Johnson nd carried by the following recorded vote: YES: Supervisors Garrett, McGraw, Nickens, Johnson None BSENT: Supervisor Brittle 4. Southwest Industrial Park, Industrial access unds: Mr. Henry advised that the Board authorized the s ta f f to apply for industrial access funds in 1986. At that time there ere no "qualifying" industries in the park, and the request was , 122 denied. Approval would authorize the County Administrator to enter into an Escrow Agreement and post an escrow for $128,145 to build the access road. $63,000 is available in the Economic Development fund for part of this, and a letter of Credit would be secured in the amount of $65,145 for the balance. Supervisor Nickens inquired how the County would obtain a letter of credit for this amount, and would there be a cost involved. Mr. Hodge replied that the County would apply at a bank and there will be interest involved for the period the money i s h e 1 d i n e s c r o w Supervisor Johnson moved to approve the staff recommendation. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Garrett, McGraw, Nickens, Johnson NAYS: None ABSENT: Supervisor Brittle IN RE: APPOINTMENTS 1. virginia Western Community College Board: Chairman Johnson advised that Supervisor Brittle wished to nominate Jean G10ntz to a four-year term which will expire June 30, 1991. 123 August 25, 1987 ---- -- - IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McGraw announced he has declared his candidacy to the Virginia Association of Counties' nominating committee to the VACo for Second Vice President, and if he is elected, will be in line for Presidency in two years. IN RE: CONSENT AGENDA Supervisor Johnson moved to approve the Consent Agenda. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Garrett, McGraw, Nickens, Johnson NAYS: None ABSENT: Supervisor Brittle RESOLUTION NO. 82587-6 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 August 25, 1987, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to "> 1 2 4 ,'0"'.. ';.( ~: August 25, 1987 _ ·___'·'_'_'"""·__.m_. "_._.___._.,.,.__._~..,_..._.___". ,.··._·h.__.___,~_., ... __._..__.,~ _.. ._~_..__.._"-----------,-----_._._~.~._~-_.._._._~._.,~-_._.._,"-,-_.- _"._ '_'_~__"_M"'~'_ . ach item separately set forth in said section designated Items 1 hrough 8, inclusive, as follows: 1. Minutes of Meeting - July 28, 1987 2. Request for approval for a Raffle Permit from the American Business Women's Association, Salem Charter Chapter. 3. Request for approval for a Raffle Permit from the Cherokee Hills Women's Club. 4. Acceptance of Water and Sewer Facilities serving Branderwood, Section 2. 5. Confirmation of Appointment to the Grievance Panel. 6. Acceptance of Willow Spring Road into the Secondary System. 7. Acceptance of a well lot - Penn Forest Section 17. 8. Request for approval for a Raffle Permit for the Cave Spring PTSA. 2. That the Clerk to the Board is hereby authorized nd directed where required by law to set forth upon any of said tems the separate vote tabulation for any such item pursuant to his resolution. RESOLUTION 82587-6.e REQUESTING ACCEPTANCE OF WILLOW SPRING ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke ounty, Virginia, as follows: 125 August 25, 1987 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of J. Larry Bell and Marilyn Bell, husband and wife, and George L. Young II and Barbara W. Young, husband and wife, and Margaret L. Wilson, widow, that Willow Spring Road be accepted and made a part of the secondary system of state highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage ease- ments and a fifty (50) foot right-of-way for said road will be dedicated by virtue of certain maps (see attached) and by reason of the fact that the maps have not been recorded. Consent or donation of right-of-ways from the abutting property owners is necessary, as shown by the attached deeds. The Board hereby guar- antees said right-of-way for drainage. 3. That said road known as Willow Spring Road and which is shown on certain maps accompanying this Resolution be, and the same is hereby, established as public road to become a part of the state secondary system of highways in Roanoke County, only from ~nd after notification of official acceptance of said street or highway by the virginia Department of Transportation. IN RE: REPORTS The following reports were received and filed: to,; ;_' t..~ '.:'.~ 126 ;- August 25, 1987 __'__'_"'_"___'~'__"__'h~""'__' '~'._,."___ _...~--~.__.~ -,--_."_.'.__~,_> _·__·..._..0. "_W_'·__'~________;__<~'~~_'_'d_._..,__._.._._,,_._..."'_""~"__~_~_'''-'" -..--."'------... 1. Accounts paid for the month of July 1987. 2. Board Contingency Fund 3. Unappropriated Balance IN RE: EXECUTIVE SESSION At 3:50 p.m. Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (1) to discuss a personnel matter, and (2) acquisition of real estate. The motion was seconded by Supervisor Garrett and car r i e d by the following recorded vote: YES: Supervisors Garrett, McGraw, Nickens, Johnson None BSENT: Supervisor Brittle Supervisor Brittle arrived during Executive Session. N RE: OPEN SESSION At 4:45 p.m. Supervisor Johnson moved to return to Open ession. The motion was seconded by Supervisor Garrett and by the following recorded vote: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson None 127 -~--- IN RE: RECESS At 4:50 p.m. Chairman Johnson declared a dinner recess. IN RE: CALL TO ORDER At 7:03 p.m. Chairman Johnson called the meeting back to order. IN RE: FIRST READING OF ORDINANCES 1. an offer for and authorizin the sale of real estate adjacent to Fort Lewis Fire Station on U. S. Route 11-460: (CONTINUED FROM AUGUST 11, 1987) County Attorney Paul Mahoney announced that the County has received an offer to purchase a portion of the 28.48 acre tract that adjoins the Fort Lewis Fire Station. He stated that while only one offer has been received, at least two other parties have expressed interest in part or all of this tract. The County will accept any other written offer on or before September 7, 1987 when there will be a second reading on this matter. The County has also made a commitment to the citizens in that area to reserve a portion of that property for use for ba11fields. The charter requires that the Board must confirm that the property is surplus .. 128 ,.",_._ o_~ .____,,_,.._._,._~_.__._.,____.. ,._,,_, .~,,_~ .,,",,_. __ '-'... ""_.> __,,_~..", ~ ,-._'_,._.. ,,_". .___.._...~_.,,~...._.__,,_.._.._._ ._. .~.. _".w__,__"._>.._ and proceeds from the sale will be allocated to the Capital Improvements Fund. Supervisor Nickens asked if any of the land under consideration for sale was currently being used for recreational purposes, and if so, what impact will that have until the County has other facilities available. Mr. Mahoney replied that any contract involving this property will allow accommodations for the property which includes ball fields. Supervisor McGraw requested that the proceeds from the sale be set aside in the Capital Improvement fund to replace these ball fields. No citizens were present to speak on this item. Supervisor McGraw moved to approve the first reading ith the proceeds from the sale earmarked for ballfield replacement. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson AYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance amending and reenacting the Roanoke Ordinance to revise the Flood lain Ordinance FROM AUGUST 11 1987) Assistant County dministrator Timothy Guba1a announced this was continued from 129 August 25, 1987 -.---- August 11, 1987 to respond to questions from the Roanoke Valley Homebui1ders Association regarding the impact of this ordinance on them. staff has met with the Homebui1ders an~ they now have no problem with the ordinance. No citizens were present to speak to this ordinance. Supervisor Nickens moved to approve 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 ORDINANCE 82587-7 AMENDING AND REENACTING THE ROANOKE COUNTY ZONING ORDINANCE TO REVISE THE FLOODPLAIN REGULA TIONS WHEREAS, the first reading and public hearing on this ordi- nance was held on July 28, 1987, and the second reading on this ordinance was held on August 25, 1987; and WHEREAS, the health, safety, and general welfare of the citizens of Roanoke County require the adoption of standards and regulations to minimize adverse environmental impacts resulting from the dangers of flooding and the drainage of surface and storm waters; and WHEREAS, Section 15.1-292, 15.1-466, 15.1-486, 15.1- 489, and 15.1-490 of the Code of Virginia, 1950, as amended authorize the county to adopt ordinances and to exercise such "~I30 AUgust,. 25 ,i 1987 - -~-<~"'_'<',-,---~.,. ,_....._---_...__.".._-_.~_.._--'"-_._-------".~- .,,'.-..--.,.,.... . -" --~_.~_.".'.. '-~-""._"-'-'" ¥ -.. .--- ..'._..__..,-_.~_.._'"._~..._._..._,-_.__._._..._, --." .y....._~.-,,---,~..~._.-.-- -"'---~" ._-"--,-.._-._-," g~p~ra1 powers to prevent the pollution of wate;r¡ to make, erect, and construct dra ins, sewers, and publ ic ducts,; to' es t.ab1 i sh reª,sonable standards for drainage regulations· of subdivisions or developments; and to provide safety from flood, flood. ~protection, nd to protect against the loss of life, health, or property from flood and other similar dangers; and WHEREAS, Roanoke County and its citizens have suffered nd continue to suffer the harmful effects of flooding and inade- uate drainage of surface waters, and from the volume and ve1o- ity of storm water runoff; and WHEREAS, these hazards and dangers to public health, afety, and welfare are caused in part by climate, topography and he development of land. NOW, THEREFORE BE IT ORDAINED by the Board of Super- isors of Roanoke County, Virginia, that the Roanoke County Code s amended and reenacted as follows: 1. Amend Appendix A, the Roanoke County Zoning Or din- nce, Section 21-61, "Floodplains," by revising sub-section D, 'Floodplain Area," and sub-sub-section (c) to read as follows: ection 21-61 D. Floodplain area. * * * * (c) The Approximated Floodplain shall be that f1ood- lain area for which no detailed flood profiles or elevations are 131 August 25, 1987 ,-,.._------ -----~-- provided, but where a a ofte h~ftd~ed t~99+ yea~ £~ood~~a~ft eo~ftd- ~~y has eeeft a~~~ox~ffia~ed the drainaqe area is qreater than one hundred (100) acres. Such areas a~e shOWft may be on the Flood Boundary and F100dway Map. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data such as the u.s. Army Corps of Engineers, Flood- plain Information Reports, U.S. Geological Survey Flood Prone Quadrangles, etc., then the applicant for the proposed use, devel- opment and/or activity shall determine this elevation in accor- dance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly re- flect currently accepted technical concepts. Calculations for the design flood shall be related to existing land use and poten- tial development under existing zoning. Studies, analyses, compu- tations, etc., shall be submitted in sufficient detail to allow a thorough review by the County Engineer. 2. The effective date of this ordinance shall be August 26, 1987. 2. Ordinance authorizing, ratifying and confirming the acquisition and execution of leases for the Enhanced Emergency 911 Communication System: Captain Ron Edwards, Fire & Rescue Department, reported that the questions from the first 132 August 25, 1987 --'_._~.", --'-.' ---,- .~..>._.~ ....,~.._..- ....--..-..,.. . - -,"" ._,-,-_.- ..... ..~ - .~--_."._,._..__.,..,".._-,., ", __._" _~_...u___._"" " ._-_.,....._..".~_._-~ eading have been resolved and the boundary problem with the indy Gap site have been solved. There will be a ten-year utomatic renewal lease. No citizens were present to speak to this ordinance. Supervisor Johnson moved to approve the ordinance. The otion was seconded by Supervisor Garrett and carried by the o11owing recorded vote: YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson None ORDINANCE 82587-8 AUTHORIZING, RATIFYING AND CONFIRMING THE ACQUISITION AND EXECUTION OF LEASES FOR THE ENHANCED EMERGENCY 911 COMMUNICATION SYSTEM BE IT ORDAINED by the Board of Supervisors of Roanoke Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of he Charter of Roanoke County, a first reading on the acquisition f the hereinafter described real estate interests was held on ugust 11, 1987; a second reading on this matter was held on ugust 25, 1987. Leasehold interests to be acquired are located n Tinker Mountain, Windy Gap Mountain and Poor Mountain; and 2. That the acquisition and execution of leases etween the Board of Supervisors of Roanoke County and property wners on Tinker Mountain, Windy Gap Mountain and Poor Mountain 133 August 25, 1987 for the enhanced Emergency 911 Communication System is hereby authorized, approved, ratified and confirmed; 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 prop- erty, all of which shall be upon form approved by the County Attorney. 3. Ordinance accepting an offer for and authorizing the sale of real estate, the remainder of Mountain View Farm Technological Park: Real Estate Assessor John Willey announced the agreement states that the County will convey all the property with the exception of an eight acre tract previously reserved for recreational purposes. Mr. Mahoney advised that the offer received was from Shimchock Litho Services for $15,900 per acre. Mr. Willey noted that the easement was moved primarily because the Highway Department does not allow two access points within 600 feet of each other, and to provide a buffer between adjacent property owners and industrial use. No citizens were present to speak on this ordinance. Supervisor Johnson moved to approve the ordinance. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None .';134 August 25, 1987 ____ '., ... _."_..__._._._.. .,-,.._.,... ",,~ U_"_'."· '.... _. , _,.. '. ,'O__'_.,·_.m_" _.__ ~ _.._---'_..._-----'---_._._---~.._-,---_.._-----<._~.'-..----..., ...~--,--.'.._-~,-..,._..__..,.~....- ORDINANCE 82587-9 ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF REAL ESTATE, THE REMAINDER OF MOUNTAIN VIEW FARM TECHNOLOGICAL PARK WHEREAS, pursuant to the provisions of Section 16.01 of he Charter of Roanoke County, the subject property has been eclared to be surplus; and WHEREAS, pursuant to the provisions of Section 18.04 of he Charter of Roanoke County, a first reading concerning the ale and disposition of the hereinafter described real estate was e1d on August 11, 1987. A second reading and public hearing was eld on August 25, 1987; and WHEREAS, this real estate consists of ten acres or less nd is the residue of the property located in Mountain View Farm echno1ogica1 Park, excepting approximately 8 acres reserved for ecreationa1 purposes; and WHEREAS, an offer has been received for this property rom Shimchocks Litho Service in the amount of $15,900 per acre, nd so hereby accepted. All other offers are hereby rejected; nd WHEREAS, all proceeds from sale of this real estate are o be allocated to the capital reserves of the County. NOW, THEREFORE, BE IT ORDAINED that the County dministrator is authorized to execute such documents and take uch actions on behalf of Roanoke County as are necessary to 135 August 25, 1987 accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. 4. Ordinance amending Chapter 7, "Building Requ1ations" of the Roanoke County Code to adopt a new Article V, "Building Numbers": Director of Planning Rob Stalzer reported that an essential component of the 911 Emergency Communications System has been the assignment of numbers to all occupied buildings. These numbers are necessary to insure identification. This ordinance will assure that buildings are properly identified and visible from the road. The ordinance will require the building owner to install, maintain and repair the numbers; and states the numbers should be 3 inches high and be reflective or placed under a light, on or near the main door. If the building is more than 50 feet from the street or the entrance is not visible, the ordinance is written so the owner can place numbers on a mailbox or post near the entrance. The effective date is January 1, 1988 and will allow for time to inform the public. No citizens were present to speak to this ordinance. Supervisor McGraw moved to approve the ordinance. The motion was seconded by Supervisor Brittle and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None lS6 August 25, 1987 - .. .." --""-",... ...__.,_.~. 0'0 ··.·u. ._.____,_....> -----r------· -"._.._-~~- ~_....", _....,,- ..-~_.-_. .. AN ORDINANCE 82587-10 AMENDING CHAPTER 7 "BUILDI G REGULATIONS" OF THE ROANOKE COUNTY CODE TO ADOPT A N W ARTICLE V "BUILDING NUMBERS" WHEREAS, a first reading of this proposed ordinance w s e1d on August 11, 1987; the second reading was held on August 2 , 987; and WHEREAS, the 911 communications system now being imp1 _ ented by Roanoke County requires that all roads in the County e ssigned names and all buildings be numbered; and WHEREAS, building numbers have been assigned to eve y esidentia1, commercial, institutional, and industrial bui1di g ithin the County; and WHEREAS, these building numbers must be visible for t e apid and proper provision of fire, rescue, and law enforceme t ervices. NOW, THEREFORE BE IT ORDAINED by the Board of Superviso s f Roanoke County, Virginia, that the Roanoke County Code is amend d nd reenacted as follows: 1 . Amend Chapter 7, "Building Regulations" of the Roano e ounty Code to add a new Article V "Building Numbers" to read s o11ows: Section 7-80. Bui1din Numbers - ersons res onsible time of placing numbers on buildings. Each owner of a building, commercial propert industrial structure, single family residence, r multi- family residence shall be responsible f r affixing to such building its assigned building numbe . .137 August 25, 1987 _...."_._-"._._-_.._-~.~-- --_._-"--~~---"_._.~-----------_._----'-"-- -- Each owner is further responsible for maintaining and repairing the assigned numbers in conformance w th Section 7-81. Numbers are to be affixed within thi ty days after the owner has received notice of he assignment. Section 7-81. Same - size, type of material a d location of numbers. Building numbers shall not be less than three 3) inches in height and shall be made of a durable nd clearly visible or light-reflecting material. he numbers shall be conspicuously placed on, above or at the side of the main entrance door so that the num er is plainly visible from the street. Whenever a building is more than fifty (50) feet from the strel t, or when the building entrance is not visible from 1he street, the number shall be placed at the walk, driveway, or other suitable location that is eas'ly discernab1e from the street. Section 7-82. Multi-familv residence complexes; mu1t'- unit office or commercial complexes. In addition to the requirements of 7-80 and 7-8 , whenever one street number is assigned to a bui1di1g which is further divided into separate apartment , suites, or other unconnected units, the owner sha 1 138 ~, 1 f August 25, 1987 .. "",- -"'.- ..._"~. "- ", '"_.~ ~.__.,,-_.- -"'.-"''''-..~,--.",-. ---"....~--,....._,-..,,_.-- -.._.,.,,_.----~---,_._,~-------~--_._._"_._.,-_._,-_.-.-.-...---.....--.'-- . -~.__.._._,.,-_.._-".- affix to the entrance of each unit the designa ed letter, number(s), or name which differentiates t at unit from the others contained within the s me building. Such identifying letter, number(s), or n me shall be made of a durable and clearly visible or light-reflecting material, and shall be placed so as to be clearly visible from the street or walkway on which the entrance faces. Section 7-83. Enforcement; penalty for violation. (a) Enforcement of this article shall be responsibility of the Chief Building Official. (b) A violation of any provision of this arti shall be a Class IV misdemeanor, punishable by a f ne of not more than one hundred dollars ($100.00). 2. The effective date of this ordinance shall be Janu ry 1, 1988. 5. Ordinance authorizing the transfer of Hollins Water System to Hollins Community Development Corporation: Mr. Stalzer reported this transfer is necessary to comply with the Farmers Home Administration and receive the grant funds. Mr. Mahoney pointed out that while we are authorizing a conveyance of property it does not fall within the normal procedure established in the County charter because we have an ~ 139 August 25, 1987 .-. -.. -~.- . - ,-_. opportunity to reacquire the property once the loan is paid off and the County will have the first option to do this. No citizens were present to speak on this ordinance. Supervisor Johnson moved to approve the ordinance. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None ORDINANCE 82587-11 AUTHORIZING THE TRANSFER OF HOLLINS WATER SYSTEM TO HOLLINS COMMUNITY DEVELOPMENT CORPORATION BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of §18.04 of the Charter of Roanoke County, a first reading on the transfer of the hereinafter described real estate was held on August 11, 1987. A second reading on this matter was held on August 25, 1987. This real estate is located in the "Old Fields" area of the Hollins Communi ty . 2. That the transfer of the existing water supply sys- tern and pump station in Hollins from the Board of Supervisors of Roanoke County to the Hollins Community Development Corporation is hereby authorized and approved; and 140 August 25, 1987 ~ --,-. -----.._-_...,,- m_',_._.___.__.__._.._,_.~___._______.._.._ __..'___.M....'_..'''_.... "........_...._._ ...... ->... .-.....,-.,.".-. --,- .~--.-N__·_~__·____~·__,_.·_,__.___,_.___'.,.._M_...-.~_~_. ", '_ .'" ._~ ._... -0" 3. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke ounty as are necessary to accomplish the transfer of this prop- rty, all of which shall be upon form approved by the County ttorney. 4. The effective date of this ordinance shall be ugust 26, 1987. PUBLIC HEARINGS 87-1 PETITION OF J. F. DAVIS AND W. E. CUNDIFF TO REZONE APPROXIMATELY 19.4 ACRE TRACT FROM M-2, INDUSTRIAL TO R-1 RESIDENTIAL TO CONSTRUCT SINGLE FAMILY HOMES LOCATED ON THE EAST SIDE OF ROUTE 758 IN THE HOLLINS MAGISTERIAL DISTRICT Chairman Johnson moved to refer this petition back to he Planning Commission at the request of the petitioner's ttorney. The motion was seconded by Supervisor Nickens and a unanimous voice vote. 87-2 PETITION OF NICHOLAS MUNGER TO AMEND THE PROFFER OF CONDITIONS ON A 32.647 ACRE TRACT TO DEVELOP THE PROPERTY IN ACCORDANCE WITH REVISED SITE PLAN LOCATED SOUTH OF STARKEY ROAD IN THE CAVE SPRING MAGISTERIAL DISTRICT 141 August 25, 1987 Assistant County Administrator advised that Mr. Munger is seeking to amend the proffered conditions on property that was previously rezoned. This will add additional residential units to the property and will provide a better site plan than previously considered. It will also provide a tank lot for water storage. Mr. Munger was present to answer question. Mr. Guba1a stated there was no opposition at the Planning Commission and they recommended approval. Ed Natt, attorney for the petitioner, was present. He described the requested amended proffered conditions which increases from 120 to 144 the total number of units, limits the entrance to one, and reserves the industrial zoned property. The well lot will be conveyed to the County. Supervisor Nickens questioned whether the Board could ever deny a petition because the school system is at capacity in that area? Mr. Mahoney responded that such a criteria is a factor in the Board making a determination on a rezoning. However, in a previous case in Fairfax County, the unavailability of a service was not a valid reason to deny a rezoning. No one was present to speak in dpposition to the petition. Supervisor Brittle moved to approve the petition. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: 142 August 25, 1987 ~~._-~_.~-_.,-"' . ~"-"__"'.._,--,.,. ,---' --'.'~- ^ ---~.,..__._---_._-,~--_..._----"~_.._-,.,.,~"._,,..,,..-. _.... '. _._ ___~'._'k "__"_.__._.,~_ '''"---.-.".,--.-- -- _ _ ._.u__ .,_...."__~..___~ AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the conditions proffered in the rezoning order of August 9, 1983 be amended as follows: (1) That the site plan to be considered in the development of the R-3 portion of said land shall be the site plan prepared by Alzer & Associates under date of July 2, 1987; nd (2) That only one access to said property will be constructed; in order for the development of the aforementioned arce1 of land, which is contained in the Roanoke County Tax Maps s Parcel #97.01-5 and legally described below as follows; BEGINNING at a point on the south side of Starkey Road at the north- west property of G. H. Board and the northeast corner of Nicholas Munger and Anne S. Munger; thence S. 00 30' 10" E. 1406.60 feet to a point; thence N. 850 00' W. 86.6 feet to a point; thence N. 660 00' W. 264.0 feet to a point; thence S. 870 30' W. 237.6 feet to a point; thence N. 700 00' W. 330.0 feet to a point; thence S. 430 30' W. 330.0 feet to a point; thence S. 720 15' W. 313.5 feet to a point; thence S. 82053' W. 270.1 feet to a point; thence N. 130 15' E. 211.80 feet to a point;thence N. 830 00' E. 91.72 feet to a point;thence N. 180 09' 00" E. 865.58 feet to a point;thence N. 630 32' E. 320.60 feet to a point; thence N. 810 08' 143 August 25, 1987 E. 973.73 feet to a point, the actual PLACE OF BEGINNING and containing 32.647 acres, as shown on Plat showing Property to be rezoned situated at the intersection of Starkey Road and N & W Railway, prepared by Buford T. Lumsden & Associates, P.C., Engineers and Surveyors, dated June 6, 1983, for Nicholas Munger and Anne S. Munger. BE IT FURTHER ORDERED that a copy of this order be transmi tted to the Secretary of the Planning Commiss ion and tha t he be directed to reflect that change on the Official Zoning Map of Roanoke County. 887-3 PETITION OF ROYAL BUICK TO REZONE WITH CERTAIN CONDITIONS A 12.26 ACRE PARCEL FROM A-I AGRICULTURAL AND M-l INDUSTRIAL TO B-2 BUSINESS TO CONSTRUCT AND OPERATE AN AUTOMOBILE DEALERSHIP, LOCATED ON PETERS CREEK ROAD ADJACENT TO THE AIRPORT CLEAR ZONE IN THE HOLLINS MAGISTERIAL DISTRICT= Mr. Guba1a reported that no citizens were present at the Planning Commission concerning this petition. The request is consistent with the Comprehensive Plan, and the proffered conditions address any questions concerning the entrances. The Planning Commission recommended approval of the petition. Supervisor Johnson asked what will be required of the petitioner concerning on-site retention of drainage. Mr. Guba1a replied that that there will be stormwater retention requirements made during the site plan review process. 144 August 25, 1987 _R~_~.~. ¥.. ,__. '._ "___'K'.~,.~.._...___._.__,_~._.____._,__.___..,___..,'^.,. ,,^~,._. ".__, .._."....__ ·······____,,_"'····v· ,.. ~___. ·______,h___.__~,_._.____~_._, _.__~.~__".._"..~",_._".__~ Ed Natt, attorney for the petitioner, was present and described the site plan. There will only be two entrances to the property instead of three as shown on the site plan. One entrance will be aligned with the cut on Peters Creek Road and the other will be for development of the second dealership. There will only be two signs on the property. The pond on the property will be drained. No one was present to speak in opposition to the request. Supervisor Nickens inquired about the facade of the development. Mr. Natt responded that the showroom will be glass and stone and the service area will probably be metal, but will be screened. Supervisor Johnson moved to grant the petition. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land, which are contained in Roanoke County Tax Maps as Parcel Nos. 37.08-1-5, 37.08-1-6 and 37.08-1-8, and legally described below be rezoned from A-l, Agricultural District and M-1, Light Industrial District to B-2, Business District, with the proffered conditions attached thereto. 1 4;5 August 25, 1987 10.26 acres generally located on Peters Creek Road adjacent to Airport Clear Zone, within the Hollins Magisterial District and recorded as Parcel Nos. 37.08-1-5, 37.08-1-6, and 37.08-1-8, in the County of Roanoke Tax Records. 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. PROFFER OF CONDITIONS 1. That the property will be utilized in substantial conformity with the development plan prepared by T. P. Parker & Son, Engineers & Surveyors, under date of July 6, 1987, with the exception that there will only be two entrances to said property. 2. That the showroom to be constructed will be a two-story structure. 3. That all lighting will be shielded away from adjoining properties and will be directed solely upon the subject property. 4. That one entrance shall be aligned with a cut in Peters Creek Road, either at the existing location or at a new location, should the present location be moved. 5. That all drainage, screening and buffering shall be in accordance with the Roanoke County Ordinances. ·,t', 1 4 6 August 25, 1987 ------~"'-.--..~-,.,..... . '--_.._-._~--_._,----,_"~__,__.._,,~_ h_._.,......,.· ~,.._.. _d~..~_. ., -.--'._--~...-- ," -_...,----"" -_.- -~---""-"'----~--------'~'~"-'-"------"""-'-"----_.,,-,,' .." ._-,_..,_...~-'".,._"..__.-.,~- 6. That there will only be two signs on the property hich are not attached to structures. The signs will be in ubstantia1 conformity with the design attached hereto. 87-4 PETITION OF JESSE WEBSTER TO REZONE A 0.89 ACRE TRACT FROM B-1, BUSINESS TO M-l, INDUSTRIAL TO CONSTRUCT A VETERINARY CLINIC WITH OUTDOOR RUNS, LOCATED ON THE WEST SIDE OF STARKEY ROAD IN THE CAVE SPRING MAGISTERIAL DISTRICT Mr. Guba1a advised that there was citizen opposition t the Planning Commission hearing concerning the noise from utdoor runs and possible devaluation of property. There are roffered conditions. The Planning Commission voted to approve he petition. Ed Natt, attorney for the petitioner, addressed the oncerns of the residents about the outdoor runs. The runs will e used during the day. During the evening the dogs will be rought in for the night. This will be a satellite operation his veterinary clinic in Vinton. Supervisor Garrett inquired when the dogs would be rought in for the evening. Dr. Webster responded they will be rought inside at 8:00 p.m. No one was present to speak in opposition. L 14', August 25, 1987 Supervisor Nickens moved to grant the petition. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Garrett, McGraw, Nickens, Johnson NAYS: None ABSTAIN: Supervisor Brittle FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel No. 87.11-03-1 and legally described below, be rezoned from B-1, Office District to M-1, Manufacturing District, with the proffered conditions A .89 acre parcel of land, generally located on the west side of Starkey Road near Hunting Hills Drive, within the Cave Spring Magisterial District, and recorded as Parcel No. 87.11-03-1 in the Roanoke County Tax Records. 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. PROFFER OF CONDITIONS 1. That the only M-1 use on said property will be a veterinary clinic with outside runs. 148 August 25, 1987 --"--·--·--<·____,·_...__~.___~.._"'._k._, _.. '~'~'_"',>,,_. ...~.,....._._..._.__.___.._,__ ___ _.. "-~.._"-'~"""-'''-"'' I I conformity with the site plan prepared by Hughes Associates 2 . That the property will be developed in substantial Architects, under date of July 2, 1987, and submitted herewith. 3. That the sign to be constructed will be no larger than the sign on the existing Vinton Veterinarian Facility. 887-5 PETITION OF F&W COMMUNITY DEVELOPMENT CORPORATION TO REZONE A 10.5 ACRE TRACT FROM R-3, RESIDENTIAL TO B-1, BUSINESS TO CONSTRUCT AN OFFICE PARK LOCATED NORTH OF ROUTE 781 IN THE HOLLINS MAGISTERIAL DISTRICT Mr. Guba1a advised there were several citizens at the Planning Commission meeting concerned about traffic and commercial development in what is perceived as a residential area. The Comprehensive Plan calls for this area to be development. There are proffered conditions on this petition. The Planning ommission recommended approval. Supervisor Johnson noted he was concerned about approving rezoning requests with a need for fire and rescue protection. He felt the answer to this was a joint fire and rescue facility with otetourt County. Supervisor Nickens requested that the City of oanoke be included in such a joint facility. Heywood Fralin, attorney for the petitioner, described he development plans for the area. They plan to use the ~149 August 25, 1987 facility for small business such as lawyers' and doctors' offices. No one was present to speak in opposition to the request. Supervisor Johnson moved to grant the petition. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County tax Maps as Parcel 40.01-1-4 and recorded in Deed Book 962, page 639 and legally described below, be rezoned from R-3, Multi-family Residential to B-1, Office District. 10.5 acre tract, bounded on the west by Va. Sec. Rte 604, on the north by Va. Sec. Rte 781, on the east by remaining property of F & W Community Development Corporation, and on the north by other remaining property of F & W Community Development Corporation at the Botetourt County line. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed the reflect the change on the official zoning map of Roanoke County. PROFFER OF CONDITIONS ----... ._-------~--~--_._--------- .150 August 25, 1987 n___·.. ~_.'_'"'_'''_ ~._" -,-,~---_.. ,.-. ___c' .___."__.,.,,__.__..______~_.__,____~___....~...._...___...,"._...._,,~. ""'_'~'___'_'-.'_" ,'-, .,,--,,-- .-. .,-~_.... 1. No building will be more than two (2) stories on height. 2. The development will be substantially in accordance with the conceptual site plan dated January 25, 1987. 3. The development will be generally in the same manner as the proffered conditions for the adjoining tract which was rezoned in April, 1985. 887-6 PETITION OF L. L. PEACOCK TO REZONE A 4.69 ACRE TRACT FROM B-1, BUSINESS TO BU-2, BUSINESS TO CONSTRUCT AND OPERATE A NEW AUTOMOBILE DEALERSHIP, LOCATED ON THE SOUTH SIDE OF ROUTE 419 IN THE CAVE SPRING MAGISTERIAL DISTRICT. Mr. Guba1a advised two citizens opposed this rezoning at the Planning Commission meeting. They were concerned with . environmental impact and traffic congestion. The staff was concerned because signage was not specified. The project is in conformance with the Comprehensive Plan. This will be a two-phase project with phase I being completion of used utomobi1e dealership and Phase II completion of new automobile perations. The Planning Commission recommended approval. C. L. Kinder, Jr., attorney for the petitioner, stated that the signage will be the standard Buick sign similar to the ne presented at an earlier hearing. The are proposing only one 151 August 25, 1987 entrance to the property. Dan Horner, architect for the facility, presented the site plan. Supervisor Nickens asked the County Attorney is there was any problem with the two-phase plan and is the Board approving both the used and new car dealership. Mr. Mahoney responded that if the petitioner decided to only have the used car dealership, they would have to come back before the Board for approval. Mrs. Dallas Pross who lives behind the development expressed concern over the effect the project may have on the property owners living behind. Supervisor Brittle moved to grant the petition. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel No. 87.07-1-44 and recorded in Deed Book 1177, page 617, and legally described below be rezoned from Business B-1 District to Business B-2 District. BEGINNING at an iron pipe corner to the lands of The Ata1antis Group, Inc. and the lands of Robert C. Bell; thence leaving said beginning point N. 570 34' 36" E. 330.20 feet 152 August 25, 1987 " -_..~----~------~-....__.._-,_..~--~_..._.._.- """'"--'---'--'~--'"-_._»---"'"'¿'-"" ---_..,--~----_._----_._--------_._--~-..,.._.__..__.-,.._----,..__.'-_.._~"'-". .. -"--'--"-"'--', -- ',.- to an iron pin; thence S. 450 45' 50" E. 144.48 feet to an iron pin;thence S. 10 33' E. 176.30 feet to an iron pin; thence S. 840 47' E. 162.47 feet to an iron pin; thence S. 140 38' 11" w. 259.28 feet to an iron pin; thence S. 550 22' 40" W. 192.30 feet to a point;thence N. 470 28' w. 273.48 feet to a 24 inch red oak; thence N. 400 29' 47" W. 174.57 feet more or less, to the place of BEGINNING, containing 4.70 acres, more or less. BE IT FURTHER ORDERED that a copy of this order be ransmitted to the Secretary of the Planning Commission and that e be directed to reflect that change on the official zoning map f Roanoke County. PROFFER OF CONDITIONS 1. The rezoned parcel will be used in conjunction with oute 419 frontage property, presently zoned B-2, for the onstruction and operation of a new automobile dealership. 2. The construction will proceed in two phases: (a) Phase 1 - completion of used automobile perations, November, 1987 (b) Phase 2 - completion of new automobile perations, May, 1988 3. The property will be developed in substantial onformity with the concept plan dated 7/87. 153 August 25, 1987 .__.~----,._--- -----.----- ,. IN RE: ADJOURNMENT At 8:05 p.m., Chairman Johnson adjourned the meeting. ,