12/10/1985 - Regular
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24015
December 10, 1985
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 December,
1985.
IN RE:
CALL TO ORDER
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Chairman McGraw called the meeting to order at 3:10 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Steven A. McGraw; Vice-Chairman
Athena E. Burton; Supervisors Alan H.
Brittle, Harry C. Nickens, and Gary J.
Minter
MEMBERS ABSENT:
None
IN RE:
COUNTY ADMINISTRATOR'S COMMENTS
County Administrator, Mr. Elmer C. Hodge, announced
that Claire Richardson, news reporter for Channel 7 has been
promoted and that this meeting will be her last Roanoke County
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Board of Supervisors meeting. The Board and Mr. Hodge expressed
their appreciation to Ms. Richardson for her excellent coverage
of the County in the past and wished her much success in her new
position. They also welcomed Mr. Joe McKeon who will be filling
her position.
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December 10, 1985
IN RE:
REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Paul Mahoney, County Attorney, reported that there
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has been a change in the proposed ordinance amending the
franchise ordinance with Roanoke Valley Cablevision. He
presented an amended ordinance to the Board and reported that the
addition is paragraph 3 on the second page.
Mr. Mahoney also presented a resolution to the Board
authorizing the County Attorney to institute condemnation
proceedings to acquire drainage easements for the benefit of
Airpoint Estates subdivision. Mr. Hodge designated this item to
be added to the agenda as Item E4 (New Business).
County Administrator, Mr. Hodge, requested that Item
Clc (bid committee report on various vehicles) be deferred to the
first meeting in January as he has not had an opportunity to
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evaluate the requests. Supervisor Burton also requested an
explanation as to why State prices were not compared.
Supervisor Burton reported that there has been a
request by the Petitioner, Ron Jackson and Doug Dalton, to
withdraw public hearing 13.
IN RE:
CONSENT AGENDA
Supervisor Burton requested that Item 2 be pulled for
discussion and Supervisor Nickens requested that Item 5 be pulled
for discussion.
Item Clb - Bid Committee Report on Building and Grounds
Equipment - Mr. Hodge, County Administrator, reported that the
buildings and grounds staff is working overtime to avoid
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expenditure of funds for replacement equipment until the next
fiscal year. He also reported that the information in the Board
of Supervisors' packets is what was provided for in the budget
for the 1985-1986 fiscal year.
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December 10, 1985
Item 2 - Acceptance of Easements Necessary for
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Construction of Nottingham Hills Sewer Line - Supervisor Burton
reported that the quote given for estimated cost of construction
of these sewer line extensions was $200,000.00. She also
reported that she was informed that FEMA would provide up to 75
percent of these costs for reconstruction but the report shows
that they will cover only $116,000. John Hubbard, Superintendent
of the Department of Public Facilities, reported that the
estimated cost of reconstruction by FEMA was approximately
$120,000 to $130,000, which makes the $116,000 the correct figure.
He also reported that $200,000 is his staff's estimated cost.
Item 5 - Delivery of Emergency Medical Services During
Daylight Hours - Supervisor Nickens expressed a concern about
having a paid first aid operation until all efforts to recruit
volunteers have been exhausted.
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Supervisor Brittle reported that he is not prepared to
go forward with a paid system until he sees more detail and would
also like to see something that includes what happens to the
positions approved if the volunteer situation improves.
Supervisor Burton suggested that this program be put
to the communities as a temporary measure.
Chairman McGraw directed Tommy Fuqua to provide
information to the Board of Supervisors on how they can become
more involved with the recruitment process.
Supervisor Brittle moved to approve the Consent Agenda
with the deletion of Item Clc.
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RESOLUTION NO. 85-227 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM C -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
l. That that certain section of the agenda of the
Board of Supervisors for December 10, 1985, designated as Item C
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December lO, 1985
- Consent Agenda be, and hereby is, approved and concurred in as
to each item separately set forth in said section designated
Items 1 through 11, inclusive, as follows:
1. Bid Committee Reports for:
a. Roof replacement-Ogden & Craig Ave.
Recreation Center.
b. Building and Grounds Equipment
e. Va~±eös vehie~es
d. Vehicle Decals
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2. Acceptance of easements necessary for construction
of Nottingham Hills Sewer Line.
3. County-State agreement relating to revenue sharing
funds and matching funds from the Highway
Department for the Hollins Community Development
Project.
4. Proposal to upgrade Data Processing Equipment.
5. Delivery of Emergency Medical Services during
daylight hours.
2. That the Clerk of the Board is hereby authorized and
directed where required by law to set forth upon any of said
items the the separate vote tabulation for any such item pursuant
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to this resolution.
On motion of Supervisor Brittle with the deletion of Item Clc and
upon the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
IN RE: NEW BUSINESS
l. Report on Grant from the Department of Criminal
Justice Services for a $5,000 Grant for the Justice Assistance
Act - Victim/Witness Program - Supervisor Nickens moved to accept
the grant and approve the prepared resolution.
RESOLUTION 85-228 AMENDING RESOLUTION NO. 8589
ESTABLISHING A CLASSIFICATION AND PAY PLAN FOR
THE 1985-86 FISCAL YEAR
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BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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December 10, 1985
l. That Resolution No. 8589 setting forth the
Classification and Pay Plan for the 1985-86 fiscal year be
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GRADE l4
Code Title Dept. No.
l08 Legal Secretary Commonwealth's Attorney 32
GRADE 16
Code Title Dept. No.
Victim/Witness
848 Coordinator Commonwealth's Attorney 1
2. The General Appropriation Resolution of Roanoke County,
Virginia, adopted June ll, 1985, is hereby amended as follows:
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
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Class:
Fund:
Object:
Class:
Fund:
Dept. :
Center:
Object:
Revenues
General
Victim/Witness
Assistance Grant
03-5-230l0-0-20000
$10,000
Expenditures
General
Commonwealth's Attorney
Victim/Witness Program
Salaries
FICA - Employer's
Contribution
Telephone
Postage
Printed Forms
Office Equipment-New
03-6-02201-1-10010
2,335
03-6-02201-1-20010
03-6-02201-1-52030
03-6-02201-1-52010
03-6-02201-1-30061
03-6-02201-1-70020
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3,700
1,000
2,000
800
3. That this amendment be in full force and effect from
and after December 14, 1985.
On motion of Supervisor Nickens and the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
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2. Approval of Title Release for Two Rescue Squad
Vehicles Owned by Volunteer Squads - Supervisor Brittle moved to
approve the title release. The motion carried by the following
recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
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December 10, 1985
3.
Report on Flood Related Water and Sewer Relief -
John Hubbard, Superintendent of Public Facilities, reported that
he has spoken with the other cities and FEMA regarding water and
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sewer relief to folld victims. Roanoke City is giving credits on
sewer bills only for any water over and above the normal use.
Salem is providing no relief for water or sewer. Mr. Hubbard
feels that the impact of providing relief to flood victims will
be minimal. He and his staff have recommended a policy that will
provide a credit for water and sewer usage that was in excess of
150 percent of normal usage and that credit be given only to
those customers that were victims of the flood. It was further
recommended by the staff that credits be given only by request
and upon adequate proof that the customer was a
victim of the
flood.
Mr. Hubbard also reported that Roanoke County will not
Supervisor Burton moved to adopt the proposed policy to
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be eligible for any relief from the City of Roanoke.
allow credits for flood victims. The motion carried by a
unanimous voice vote.
4. Resolution to Authorize the County Attorney to
Institute Proceedings to Acquire Drainage Easements - Supervisor
Nickens moved to approve the prepared resolution.
RESOLUTION 85-229 AUTHORIZING
AND DIRECTING THE COUNTY ATTORNEY
TO INSTITUTE CONDEMNATION PROCEEDINGS
TO ACQUIRE A CERTAIN DRAINAGE EASEMENT
WHEREAS, the citizens and residents of the Airpoint
Estates Subdivision have petitioned the Board of Supervisors of
Roanoke County to assist them in establishing the streets in said
subdivision as a part of the state secondary system of highways;
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and
WHEREAS, this Board has resolved and recommended in
writing that the Virginia Department of Highways and
Transportation take and accept said streets into the state
secondary system of highways as a rural addition pursuant to the
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December 10, 1985
provisions of Section 33.l-72.1.C.l. of the 1950 Code of
Virginia, as amended; and
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WHEREAS, the resident engineer of the Salem District
has determined that a certain drainage easement is necessary to
serve Airpoint Drive, and that said easement must be acquired and
dedicated to the Commonwealth of Virginia prior to the acceptance
of said streets into the state secondary system of highways.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia:
l. That the acquisition of a drainage easement for the
purpose of satisfying the requirement of the Virginia Department
of Highways and Transportation concerning rural additions is a
public purpose and that the use of property for that purpose is a
public use, as expressly declared by the General Assembly of the
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Commonwealth of Virginia in Section 15.1-283 of the 1950 Code of
Virginia, as amended.
2. That said drainage easement is wanted and needed by
the County of Roanoke in order to allow the streets of the
Airpoint Estates Subdivision to become a part of the state
secondary system of highways and that providing for adequate
drainage is a public use necessary to promote the health and
general welfare of the citizens of Roanoke County.
3. That the drainage easement necessary for this
purpose is fifteen (15) feet wide and extends from Airpoint Drive
to u.S. Route 221 across the property of Guy Louis and Annie R.
Ferguson, and that a bona fide offer in the amount of $294 to
acquire same has been made, which said bona fide offer has been
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ignored and refused.
4. That the drainage easement wanted and needed by the
County of Roanoke is more particularly described by reference to
a plat prepared by Jack G. Bess, dated December 6, 1983, which is
attached hereto.
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December 10, 1985
5. That the County Attorney for Roanoke County,
Virginia, is hereby authorized and directed to institute
appropriate condemnation proceedings and to take such acts and
execute such documents as may be necessary to accomplish the
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intent of this resolution.
On motion of Supervisor Nickens and the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
IN RE: APPOINTMENTS
Supervisor Brittle nominated Mr. Lee Blair to the Human
Services Committee. Supervisor Brittle also nominated Ms.
Barbara Higgins to the Mental Health Services of Roanoke Valley.
Supervisor Nickens moved to approve the nominations.
The motion carried by a unanimous voice vote.
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IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Burton reported that the Virginia Department
of Highways and Transportation has included the east and south
circumferential in the Transportation Improvement Plan. The
Fifth Planning District Commission has approved the Plan with
these circumferentials included.
Supervisor Minter moved to have a work session in the
future to include emergency services personnel, Wayne Compton,
Leo Trenor, and Sheriff Foster to discuss the hazardous materials
decals. The motion carried by a unanimous voice vote.
Supervisor McGraw updated the other Board members on
"Uptown Roanoke County."
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Supervisor Brittle reported that there have been
meetings with other localities on the airport. He will have a
prepared report at a future Board meeting.
IN RE:
EXECUTIVE SESSION
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December 10, 1985
Supervisor Nickens moved to go into Executive Session
pursuant to the Code of Virginia 2.1-344 (a) (l) (2) and (6) to
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discuss a personnel matter, the acquisition of sewer easements
and the enforcement of a Roanoke County ordinance. The motion
carried by a unanimous voice vote.
IN RE:
OPEN SESSION
Supervisor Brittle moved to return to Open Session.
The motion carried by a unanimous voice vote.
IN RE:
RECESS
Chairman McGraw called for a dinner recess.
IN RE:
CALL TO ORDER
Chairman McGraw called the meeting to order at 7:00 p.m. I
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The roll call was taken:
MEMBERS PRESENT:
Chairman, Steven A. McGraw; Vice-Chairman,
Athena E. Burton; Supervisors Alan H.
Brittle, Harry C. Nickens, and Gary J.
Minter
MEMBERS ABSENT:
None
IN RE:
OPENING CEREMONIES
The Reverend Gordon Grimes of Cave Spring Baptist
Church gave the invocation. The Pledge of Allegiance was recited
by all present.
IN RE:
PROCLAMATIONS, RESOLUTIONS AND AWARDS
The Board presented resolutions of appreciations to
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James Lyle, Wes Atkins, Jack Orr, Mike Aheron, Carl Dunn, Wayland
Winstead, and B. J. Fasnacht for their support and patience in
gaining acceptance of Cherokee Hills Drive to the Secondary
System. Supervisor Brittle moved to approve the prepared
resolutions.
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December lO, 1985
RESOLUTION 85-230 OF APPRECIATION TO
JAMES LYLE
WHEREAS, James Lyle has, during the past several
Hills Homeowners' Association, the Roanoke County Board of
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months, worked constructively and patiently with the Cherokee
Supervisors and the County staff in gaining acceptance of
Cherokee Hills Drive into the Virginia Department of Highways and
Transportation; and
WHEREAS, he has donated a five acre tract of land for
use as a park in the Cherokee Hills subdivision.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
Board of Supervisors extends to James Lyle its appreciation for
his generous donation as well as his active support in gaining
acceptance of Cherokee Hills Drive into the State Secondary
System.
On motion of Supervisor Burton and the following recorded vote:
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AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
RESOLUTION 85-23l OF APPRECIATION TO WES
ATKINS
WHEREAS, Wes Atkins is currently a resident of Cherokee
Hills; and
WHEREAS, Wes Atkins has served as President of the
Cherokee Hills Homeowners' Association; and
WHEREAS, in that role Wes Atkins did actively work to
gain acceptance of Cherokee Hills Drive into the Virginia
Department of Highways and Transportation Secondary System; and
WHEREAS, during this lengthy process Wes Atkins worked
constructively and patiently with the Board of Supervisors and
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the County staff; and
WHEREAS, the Roanoke County Board of Supervisors wishes
to encourage similar constructive types of citizen involvement;
and
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December 10, 1985
WHEREAS, the Board recognizes that numerous other
Cherokee Hills citizens patiently worked with Wes Atkins in this
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process.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
Board of Supervisors extends to Wes Atkins and the members of the
Cherokee Hills Homeowners' Association its appreciation for their
role in gaining acceptance of Cherokee Hills Drive into the State
Secondary System.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
RESOLUTION 85-233 OF APPRECIATION TO JACK
ORR
WHEREAS, Jack Orr is currently a resident of Cherokee
Hills; and
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WHEREAS, Jack Orr has served as President of the
Cherokee Hills Homeowners' Association; and
WHEREAS, in that role Jack Orr did actively work to
gain acceptance of Cherokee Hills Drive into the Virginia
Department of Highways and Transportation Secondary System; and
WHEREAS, during this lengthy process Jack Orr worked
constructively and patiently with the Board of Supervisors and
the County staff; and
WHEREAS, the Roanoke County Board of Supervisors wishes
to encourage similar constructive types of citizen involvement;
and
WHEREAS, the Board recognizes that numerous other
Cherokee Hills citizens patiently worked with Jack Orr in this
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process.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
Board of Supervisors extends to Jack Orr and the members of the
Cherokee Hills Homeowners' Association its appreciation for their
role in gaining acceptance of Cherokee Hills Drive into the State
Secondary System.
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December lO, 1985
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
RESOLUTION 85-234 OF APPRECIATION TO MIKE
AHERON
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WHEREAS, Mike Aheron is currently a resident of
Cherokee Hills; and
WHEREAS, Mike Aheron has served as President of the
Cherokee Hills Homeowners' Association; and
WHEREAS, in that role Mike Aheron did actively work to
gain acceptance of Cherokee Hills Drive into the Virginia
Department of Highways and Transportation Secondary System; and
WHEREAS, during this lengthy process Mike Aheron worked
constructively and patiently with the Board of Supervisors and
the County staff; and
WHEREAS, the Roanoke County Board of Supervisors wishes
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to encourage similar constructive types of citizen involvement;
and
WHEREAS, the Board recognizes that numerous other
Cherokee Hills citizens patiently worked with Mike Aheron in this
process.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
Board of Supervisors extends to Mike Aheron and the members of
the Cherokee Hills Homeowners' Association its appreciation for
their role in gaining acceptance of Cherokee Hills Drive into the
State Secondary System.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, and Burton
NAYS: None
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RESOLUTION 85-243 OF APPRECIATION TO CARL
DUNN
WHEREAS, Carl Dunn is currently a resident of Cherokee
Hills; and
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December lO, 1985
WHEREAS, Carl Dunn has served as President of the
Cherokee Hills Homeowners' Association; and
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WHEREAS, in that role Carl Dunn did actively work to
gain acceptance of Cherokee Hills Drive into the Virginia
Department of Highways and Transportation Secondary System; and
WHEREAS, during this lengthy process Carl Dunn worked
constructively and patiently with the Board of Supervisors and
the County staff; and
WHEREAS, the Roanoke County Board of Supervisors wishes
to encourage similar constructive types of citizen involvement;
and
WHEREAS, the Board recognizes that numerous other
Cherokee Hills citizens patiently worked with Carl Dunn in this
process.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
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Board of Supervisors extends to Carl Dunn and the members of the
Cherokee Hills Homeowners' Association its appreciation for their
role in gaining acceptance of Cherokee Hills Drive into the State
Secondary System.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
RESOLUTION 85-235 OF APPRECIATION TO
WAYLAND WINSTEAD
WHEREAS, Wayland Winstead is currently a resident of
Cherokee Hills; and
WHEREAS, Wayland Winstead has served as President of
the Cherokee Hills Homeowners' Association; and
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WHEREAS, in that role Wayland Winstead did actively
work to gain acceptance of Cherokee Hills Drive into the Virginia
Department of Highways and Transportation Secondary System; and
WHEREAS, during this lengthy process Wayland Winstead
worked constructively and patiently with the Board of Supervisors
and the County staff; and
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December lO, 1985
WHEREAS, the Roanoke County Board of Supervisors wishes
to encourage similar constructive types of citizen involvement;
and
WHEREAS, the Board recognizes that numerous other
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Cherokee Hills citizens patiently worked with Wayland Winstead in
this process.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
Board of Supervisors extends to Wayland Winstead and the members
of the Cherokee Hills Homeowners' Association its appreciation
for their role in gaining acceptance of Cherokee Hills Drive into
the State Secondary System.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
RESOLUTION 85-236 OF APPRECIATION TO B.
J. FASNACHT
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WHEREAS, B. J. Fasnacht is currently a resident of
Cherokee Hills; and
WHEREAS, B. J. Fasnacht serves as President of the
Cherokee Hills Homeowners' Association; and
WHEREAS, in that role B. J. Fasnacht did actively work
to gain acceptance of Cherokee Hills Drive into the Virginia
Department of Highways and Transportation Secondary System; and
WHEREAS, during this lengthy process B. J. Fasnacht
worked constructively and patiently with the Board of Supervisors
and the County staff; and
WHEREAS, the Roanoke County Board of Supervisors wishes
to encourage similar constructive types of citizen involvement;
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and
WHEREAS, the Board recognizes that numerous other
Cherokee Hills citizens patiently worked with B. J. Fasnacht in
this process.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
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Board of Supervisors extends to B. J. Fasnacht and the members of
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December 10, 1985
the Cherokee Hills Homeowners' Association its appreciation for
their role in gaining acceptance of Cherokee Hills Drive into the
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State Secondary System.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
The Board presented a resolution of appreciation to Mr.
Mike Wojtyna for his years of service to the County. Supervisor
Nickens moved to approve the prepared resolution.
RESOLUTION 85-238 EXPRESSING THE
APPRECIATION OF THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY TO MICHAEL J. WOJTYNA
FOR FIFTEEN YEARS OF SERVICE TO ROANOKE
COUNTY
WHEREAS, Michael J. Wojtyna was first employed in April
of 1970 in the Roanoke County Refuse Department; and
WHEREAS, in July of 1976, he became a dispatcher in
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the Utility Division of the Department of Public Facilities.
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 Michael
J. Wojtyna for fifteen 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 Nickens and the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
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IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
Chief Gillespie of the Cave Spring Fire Station
presented a check for $10,000 to the Board of Supervisors as the
final payment for the purchase of a tanker. Chief Gillespie also
thanked the Board and the staff for their work on the bond
referendum.
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IN RE:
PUBLIC HEARINGS
Public Hearing to solicit comment from
the citizens of Roanoke County upon the
County's request that the 1986
General Assembly grant it a charter.
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County Attorney, Paul Mahoney, reported that the intent
of the charter is to combine the advantages of the current County
government with the advantages that cities possess. The charter
is a legal document granted by legislators in the nature of a
grant to the citizens. The charter will provide a clarification
of duties and responsibilities and authority, it will provide
increased flexibility for internal operations, will provide an
equalization of status with the types of powers that cities
enjoy, and will streamline government activities.
Mr. Mahoney also stressed that the intent of the
charter is not to change the form of government but to retain the
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advantages of the traditional form of County government, retain
the offices of the Constitutional Officers and retain legal and
financial advantages (taxes). The charter could also broaden the
tax base and relieve real estate taxes. The charter also states
that there will be no merger or abolishment of the Constitutional
Officers except by vote of the citizens. There will be no
changes in the method of selection of the School Board officers.
Mr. Mahoney reported that he has reviewed the charter
with the Constitutional Officers and the representatives of
vinton. He reported that he would like to hear the comments of
the citizens, incorporate the changes from the December 16 public
hearing and prepare a final draft to be available for citizens if
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they wish to review it. He has also discussed with Ms. Turner
the possibility of publishing the charter as an issue of Roanoke
County Today. He also reported that he would prefer to have a
draft to Legislative Services before the end of the year.
Mr. John Hart, Route 7, Box 403, Roanoke, Virginia,
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240l8, spoke to the Board in opposition to the charter.
He felt
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December 10, 1985
that the charter should have been presented to the citizens of
Roanoke County by a referendum and that the charter as presented
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this evening allows too much freedom to the Board of Supervisors.
Mr. E. C. Warren, II, President of the Virginia
Restaurant Association, 2522 Colonial Avenue, Roanoke, Virginia,
also spoke in opposition to the charter. He requested that the
meals tax be removed from the charter.
Public hearing to establish a water
user rate and sewer user rate in
Roanoke County.
APPROVED
John Chambliss, Superintendent of Fiscal Management,
reported that the rates will become effective January l, 1986, if
approved.
There was no one present in opposition.
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Supervisor Nickens moved to approve the prepared
ordinance.
ORDINANCE 85-239 AMENDING AND
ESTABLISHING A WATER USER RATE AND A
SEWER USER RATE FOR ROANOKE COUNTY
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Roanoke County Code is hereby amended to
establish a water user rate and a sewer user rate for residential
and commercial customers of Roanoke County, Virginia, as follows:
SCHEDULE OF BASE CHARGES
Volume Based
1000 Gallons
Per Month WATER SEWER
I 0-10 $ 5.25 $ 4.49
ll-14 7.88 6.74
15-l7 13.13 ll.23
l8-28 21.79 18.63
29-39 30.45 26.04
40-54 42.00 35.92
55-69 54.08 46.25
70-1l1 87.41 74.76
112-l53 120.75 103.27
l54-210 165.64 14l.66
21l-267 210.53 l80.05
268-440 346.76 296.56
441-613 483.00 413.08
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December lO, 1985
6l4-853
854-1093
1094-1400
1401-1707
1708-2087
2088-2467
672.00
86l.00
ll02.50
1344.00
1643.25
1942.50
574.72
736.36
942.90
l149.44
1405.37
l661.30
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The volume charge will be based on water used and will be
$l.l3 per 1000 gallons for water and $0.74 per 1000 gallons
for sewer. The volume charge is added to the base charge to
determine the total water and sewer bill.
2. That the provisions of this ordinance and the rates
established hereby shall be effective from and after January 1,
1986.
On motion of Supervisor Nickens and the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
Petition of Clinton G. Jones to
obtain a Special Exception Permit to
allow a mobile home on an eight acre
parcel located in the Windsor Hills
Magisterial District.
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APPROVED
Mr. Clinton Jones was present to answer any questions
the Board might have. He reported that he wishes to relocated to
be removed from the flood area.
There was no one present in opposition.
Supervisor Burton moved to approve the request. The
motion carried by the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
Petition of Peter Lawrence Williams
for a Special Exception Permit to
operate a home for adults, located at
7655B Marson Road in the Hollins
Magisterial District.
I
TABLED
Mr. Peter Lawrence Williams was present to answer any
questions the Board might have. He requested a continuance to
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December lO, 1985
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allow him to work on solving problems that have arisen due to the
rezoning.
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Supervisor Nickens moved that the matter be tabled
until Mr. Williams contacts the County Attorney for the matter to
be reheard. The motion carried by a unanimous voice vote.
petition of Carolyn A. witt to
renew a Special Exception Permit to
allow a mobile home on a 1.9 acre
tract, located in the Catawba
Magisterial District.
DEFERRED TO SECOND MEETING IN JANUARY
Ms. Carolyn witt was present to answer any questions
the Board might have. Ms. witt reported that the mobile home has
been in the same location for seven (7) years.
Mr. Richard Westmoreland, Route 5, Box 28l, Salem,
Virginia, 24l53, was present in support of the permit. He
reported that he feels that the mobile home has created no
I
problems for the neighborhood.
Mr. Billy H. McDaniel, Route 5, Box 273, Salem,
Virginia, 24153, was also present in support of the requested
permit.
Ms. Burnell Bealer was present in opposition to the
granting of the permit. She has had continuous problems with
trash and noise created by the residents of the mobile home.
Supervisor Brittle moved that that matter be deferred
to the second meeting in January pending evaluation of the
property based on criteria currently imposed by the County.
The motion carried by the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
I
NAYS: None
Chairman McGraw directed Timothy Gubala, Superintendent
of the Department of Development, to present a list of any
problems found on the property to Ms. Whitt.
Petition of R. W. Bowers requesting
rezoning from R-l to B-l at the
intersection of Route 24 and Spring
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December lO, 1985
Grove Drive in the vinton Magisterial
District.
APPROVED WITH PROFFERED CONDITIONS
Petition of R. W. Bowers requesting
rezoning from R-l to B-1 of a parcel at
the intersection of Route 24 and Spring
Grove Drive (Parcel "A") located in the
Vinton Magisterial District.
I
APPROVED WITH PROFFERED CONDITIONS
The two pubic hearings were heard together since they
are adjoining parcels and the background information is combined
in the packet.
Mr. Buford Lumsden was present on behalf of Mr. Bowers
to answer any questions the Board might have. He presented
architectural drawings of the building to be placed on the
property if the rezoning is approved.
Ms. Chick Graves, 2606 Lindenwood Drive, Vinton,
Virginia, was present in opposition to the rezoning because of
the potential traffic problem caused by a business located in her
I
neighborhood.
Mrs. Adell Karnes, 2527 Washington Avenue, Vinton,
Virginia, was also present in opposition. She felt that the
placement of a business in the neighborhood would create negative
effects throughout the immediate community.
Mrs. Donna Dean, 258 Spring Grove Drive, Vinton,
Virginia, also spoke in opposition to the rezoning because of the
negative effects on the neighborhood of placing a business in a
residential area.
Mr. Barney Dean, 258 Spring Grove Drive, Vinton,
Virginia, was also present in opposition to the rezoning.
Supervisor Nickens directed Mr. Bowers to meet with the
I
neighbors to discuss the outward appearance of the proposed
building.
Supervisor Nickens moved that the petition be granted
with proffered conditions.
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December lO, 1985
Supervisor Minter offered a substitute motion to table
this matter for 30 days.
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Supervisor Nickens withdrew his motion and asked that
the petitioner meet with the citizens present at this meeting.
After meeting with the citizens, Mrs. Donna Dean, a
representative of the citizens, reported that they do not oppose
the placement of the office building.
Supervisor Nickens moved that the rezoning be approved
with proffered conditions.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcel 61.02-0l-59 and recorded in Deed Book 1107, Page 599
and legally described below, be rezoned from R-l to B-l.
I
The following description is for Parcel "B":
I
BEGINNING at Corner #1, said corner located on the
northerly right-of-way of Virginia Route 24, said point also
located on the easterly side of a 30' right-of-way; thence
leaving Virginia Route 24 and with said 30' right-of-way N 9° 56'
45" W., 252.04 feet to Corner #2, said corner located on the
southerly boundary of Tract "A", property of New Testament Bible
Church; thence continuing with New Testament Bible Church for the
following 5 courses, and leaving the 30' right-of-way N 66° 07'
37" E, 100.00 feet to Corner 2A; thence N. 66° 07' 37" E, l5l.21
feet to Corner 3; thence N. 34° 45' 38" E, 22.34 feet to Corner
#4; thence 70° 3l' 00" E, 58.44 feet to Corner #5; thence S 83°
48' 44" E, 25.23 feet to Corner #6, said corner located on the
westerly right-of-way of Spring Grove Drive; thence leaving New
Testament Bible Church and with Spring Grove Drive for the
following 2 courses, S. 39° 47' 38" E, 252.74 feet to Corner #7;
thence with a curve to the right, which said curve is defined by
a delta angle of 101° Ol' 01", a radius of 25.00 feet, an arc of
44.08, a chord of 38.59 feet and bearing S. 10° 42' 52" W, to
Corner #8, said corner located on the northerly right-of-way of
Virginia Route 24; thence leaving Spring Grove Drive and with
Virginia Route #24 for the following 2 courses, thence with a
curve to the right, which said curve is defined by a delta angle
of l4° 38' 4l", a radius of l335.40, an arc of 341.33, a chord of
340.40 and bearing S 68° 40' 39" W, to Corner #9; thence S 75°
56' 55", 120.19 feet to Corner #1, the place of BEGINNING, and
containing 2.66 acres, as more particularly shown on plat
prepared by Buford T. Lumsden & Associates, P.C.,
Engineers-Surveyors, dated l3 September 1985, attached hereto and
made a part thereof.
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that
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December 10, 1985
he be directed to reflect that change on the Official Zoning Map
of Roanoke County.
ADOPTED on motion of Supervisor Nickens and upon the
I
following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
PROFFER OF CONDITIONS
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
Being in accord with Section 15.1-49l.1 et seq. of the
Code of Virginia and Sec. 21-11 of the Code of Roanoke County,
the Petitioner, R. W. Bowers, 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.
l. The petitioner agrees to develop the subject
property in substantial compliance with the site plan dated 22
November, 1985, attached hereto as Exhibit "c" and agrees to
modify such plan to accommodate Roanoke County site plan
requirements.
I
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcel 61.02-01-60 and recorded in Deed Book 1107, Page 599,
and legally described below, be rezoned from R-l District to B-l
District.
BEGINNING at Corner #1, being the southwesterly corner
of the Roanoke County School Board Property, Deed Book 810, Page
545 (William Byrd High School), said corner also being on the
northerly right-of-way of Virginia Route #24; thence leaving
Roanoke County School Board Property and with Virginia Route 24
for the following 2 courses, S 5lo 44' 55" W, 198.69 feet to
Corner #2; thence with a curve to the right, which said curve is
defined by a delta angle of 40 36' 24", a radius of l335.40, an
arc of l07.37, a chord of l07.34 and bearing S 54° 03' 07" W, to
Corner #3; thence leaving Virginia Route 24 with a curve onto the
easterly side of Spring Grove Drive, which said curve is defined
by a delta angle of 83° 50' 55", a radius of 25.00 feet, an arc
of 36.59, a chord of 33.41 and bearing N 81° 43' 05" W, to Corner
#4; thence continuing with Spring Grove Drive to Corner #4;
thence continuing with Spring Grove Drive, N 390 47' 38" W,
235.89 feet to Corner #5, said point being the southwesterly
corner of the remaining property of R. W. Bowers; thence leaving
Spring Grove Drive and with R. W. Bowers following Wolf Creek N
73° 32' 50" E, 36l.85 feet to Corner #6, said corner being on the
southerly boundary of Roanoke County School Board
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December lO, 1985
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Property(William Byrd High School); thence leaving Bowers and
with School Board Property, S 370 58' 17" E, l30.00 feet to
Corner #1, the place of BEGINNING and containing 1.49 acres, as
shown on plat prepared by Buford T. Lumsden & Associates, P.C. -
Engineers-Surveyors, dated 13 September, 1985, attached hereto
and made a part thereof.
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 and upon the
following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
PROFFER OF CONDITIONS
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
I
Being in accord with Sec. l5.1-491.1 et seq. of the
Code of Virginia and Sec. 21-l1 of the Code of Roanoke County,
the Petitioner, R. W. Bowers, 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.
l. The petitioner agrees to develop the subject
property in substantial compliance with the site plan dated 22
November, 1985, attached hereto as Exhibit "c" and agrees to
modify such plan to accommodate Roanoke County site plan
requirements.
Petition of Jerry and Ken Bratton
requesting rezoning from B-2 to B-3 of
a tract located 0.1 mile northeast of
Old Cave Spring Road at the
intersection with Route 22l in the
Windsor Hills Magisterial District.
APPROVED
I
Mr. Jeff Straun of Balzer and Associates, was present
on behalf of Jerry and Ken Bratton. No one was present in
opposition.
Supervisor Nickens moved that the petition be granted.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED tat the aforementioned
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December 10, 1985
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcel 76.20-2-14 and recorded in Deed Book 1108, Page 364,
and legally described below, be rezoned from B-2, Business
I
District to B-3 Business District.
BEGINNING at a point on the west side of U. S. Route
221 at the northeast corner of Lot C of the property owned by
Joseph C. Thomas and H. Robert Mundy: thence N. 360 29' E. 251.8
feet to a point on the west side of U. S. Route 221; thence S.
870 04' 21" W. 116.18 feet to a point; thence S. 840 18' 40" W.
217.87 feet to a point; thence S. 80 31' 10" E. 114.79 feet to a
point; thence S. 220 01' 50" E. 5.21 feet to a point: thence N.
870 51' 20" E. 84.89 feet to a point; thence S. 530 31' E. 100
feet to the place of Beginning and containing 0.891 acres,
identified as Lot B on the plat of the property of H. Robert
Mundy and Joseph C. Thomas prepared by Raymond C. Weeks, CLS,
under date of April 6, 1978.
Being the same property conveyed to Dillard & French, a
general partnership, by Joseph C. Thomas and Susan L. Thomas and
H. Robert Mundy and Mary P. Mundy, by deed dated November 10,
1978, of record in the Clerk's Office of the Circuit Court of
BE IT FURTHER ORDERED that a copy of this order be
I
Roanoke County, in Deed Book ll08, Page 32.
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 and the
following recorded vote:
AYES: Supervisors Nickens, Minter, Burton, and McGraw
NAYS: Supervisor Brittle
PROFFER OF CONDITIONS
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
Being in accord with §l5.1-491.l et seq. of the Code of
Virginia and §21-11 of the Code of Roanoke County, the
Petitioners, Jerry Bratton and Ken Bratton, hereby voluntarily
I
proffer to the Board of Supervisors of Roanoke County, Virginia,
the following conditions to the rezoning of the above-referenced
parcel of land.
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December lO, 1985
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1. The property is to be used as a carwash and car
care clean-up center, and if not so used, the zoning will revert
to B-2, Business.
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2. The petitioners will construct the carwash and car
care clean-up center in general compliance with the submitted
concept plan.
3. Construction materials will include brick,
concrete, and aluminum.
Petition of Hong Ki Min requesting
rezoning from R-l to B-1 of a tract
located on Route 419 in the Windsor
Hills Magisterial District.
APPROVED WITH PROFFERED CONDITIONS
Mr. Mike Quinn was present on behalf of Mr. Hong Ki Min.
Supervisor Burton commended Mr. Hong Ki Min of his efforts to
work with the neighbors in that area. She did express a concern
about the appropriateness of the land use designation.
Mr. Paul Bell, 2705 Hillbrook Drive, SW, Roanoke,
Virginia, 24018, was present in opposition to the rezoning
I
because of the water situation in his neighborhood.
Mr. Roger Lorden was also present in opposition because
of the water, he also felt that if this rezoning request is
approved it would be spot rezoning.
Supervisor Burton felt that the property will be
difficult for project development but that the advantages
outweigh the disadvantages.
Supervisor Burton moved to grant the rezoning with
proffered conditions and with the acceptance on Mr. Min's part to
continue to consider the feelings of the community as far as the
architectural design of the building is concerned.
FINAL ORDER
I
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcel 76.15-1-4 and recorded in Deed Book 853, Page 748, and
legally described below, be rezoned from R-l District to B-1
District.
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December 10, 1985
BEGINNING at a point on the northerly side of Virginia
State Secondary Route 419, on the line with the property of Sugar
Loaf Farms, Inc., said point designated as AS on that certain
BEGINNING at a point on the northerly side of Virginia
State Secondary Route 4l9, on the line with the property of Sugar
Loaf Farms, Inc., said point designated as AS on that certain
plat dated December 6, 1965, made by C. B. Malcolm & Son, S.C. E.,
showing the remaining property of G. E. McDaniel; thence with the
line of the property of Sugar Loaf Farms, Inc., S. 460 271 W.,
314.46 feet to a point designated as A4 on the aforesaid map,
said point being the northwesterly corner of Lot 1, Block 1, Map
of Orander Park, said plat recorded in the Clerk's Office of the
Circuit Court for the County of Roanoke, Virginia, Plat Book 3,
page 282; thence with the line of Lots 1 and 2, Block 1, Map of
Orander Park, S. 620 21' E. 148 feet to a point designated as A3
on the aforesaid McDaniel plat; thence continuing with the line
of lots 3, 4, and 5, Block 1, Map of Orander Park, S. 700 41' E.,
232 feet to a point designated as A2 on the aforesaid McDaniel
plat; thence continuing with the line of Lot 5, Block 1, Map of
Orander Park, S. 890 11' E., 69.30 feet to a point designated as
Al on the aforesaid McDaniel plat, said point being on the
westerly boundary of Lot l, Block 1, Map of Blair Court of record
in the Clerk's Office of the Circuit Court for the County of
Roanoke, Virginia, in Plat Book 5, page 36; thence with the line
of Lot l, Block 1, Map of Blair Court, N. 23057' E., 85.24 feet
to a point on the northerly side of Virginia State Secondary
Route 4l9, said point designated as A6 on the aforesaid McDaniel
plat; thence with the northerly right of way of Virginia State
Secondary Route 419, a curve to the left whose radius is 1316.23
feet and whose chord bearing is N. 380 23' 56" W., an arc
distance of 365.04 feet to a point designated as AS on the
aforesaid McDaniel plat, the place of BEGINNING, and containing
l.839 acres, more or less, and known as Parcel "A" on the
aforesaid McDaniel plat; and
I
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BEING the same property conveyed to Guy S. Clifton and
Pauline H. Clifton, husband and wife, by Truman B. McDaniel,
widow, by deed dated May 23, 1968, and recorded in the Clerk's
Office of the Circuit Court of the County of Roanoke, Virginia,
in Deed Book 853, page 748.
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 Burton and the
following recorded vote:
I
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
PROFFER OF CONDITIONS
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
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December 10, 1985
Being in accord with §15.1-491.1 et seq. of the Code of
Virginia and §21-l1 of the Code of Roanoke County, the
I
Petitioner, Hong Ki Min 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.
l. The structure will be in general conformance wit
the site plan.
2. The maximum height of the proposed office building
will be two stories above grade.
3. The maximum height of parking lot lighting will be
14 feet.
4. Parking lot lighting will be directed away from
adjoining landowners.
5. The zoning classification of the property shall
revert to R-l upon:
I
a. Resale of property or parts thereof prior to
commencement of this project.
b. Failure to close on contract with Guy S.
Clifton and Pauline H. Clifton.
c. Failure to commence construction of planned
building within one year from date of rezoning to
B-1.
d. Failure to complete said project within a
reasonable length of time from date of
commencement.
6. A security fence, stockade-type, minimum height of
six feet shall be built and maintained on the higher elevation of
the buffer zones on the northwest and south sides of the
property.
7. Trash pickup areas, as well as heating and cooling
equipment, shall be concealed from view.
8. All utilities shall be underground.
9. Drainage shall be contained and directed to exit at
the lower southeast area of property.
I
10. Unauthorized traffic after business hours shall be
prohibited.
11. Not more than one front-lit identification sign
shall be allowed on property. The sign shall be no more than 25
square feet in area and shall not be higher than four feet from
the ground.
12. The applicant and his architect will meet with a
consultant and an advisory committee of selected neighbors
concerning the architectural style of the structure and its
compatibility with the neighborhood.
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December 10, 1985
Petition of James C. Epperly
requesting rezoning from M-2 to M-2 Use
Not Provided for Permit of a tract
located on Route 858 in the Catawba
Magisterial District.
I
APPROVED
Mr. James C. Epperly was present to answer any
questions the Board might have. No one was present in opposition
Supervisor Burton moved to grant the rezoning with the conditions
of screening, landscaping, and time frame for the completion of
the project to the satisfaction of the Department of Development.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcels 55.03-3-9 and 55.03-3-10 and recorded in Deed Book
989, page 255, and legally described below, be rezoned from M-2
District to M-2 Use Not Provided For Permit.
PARCEL ONE
I
BEGINNING at a point on the Norther line of the N & W
Railway Company's right of way, 195.5 feet west of the vacant lot
owned by said Railway Company, known as the "station lot" and
said beginning point being 1909.6 feet east from Nile Post, "N.
269"; thence along said Railway Company's right of way, S. 700
West 149.6 feet to a point; thence leaving said R/W line and with
the east line of the property of W. M. Gordon, North 200 W. 145.5
feet to a point; thence along the south side of a road, North
700E. l49.6 feet to a point; thence leaving said road and with
the west line of the property of M. S. McClung, et als., South
200E. 145.5 feet to the place of BEGINNING, and containing 1/2
acre.
PARCEL TWO
BEGINNING at a point on the north line of the right of
way of the Norfolk and Western Railway Company property, which
point is the present southeast corner of the Gordon property;
thence North 180 26' W. 145.5 feet, along fence line, to an angle
point; thence North 260 14' W. 44.8 feet to a point marked by an
iron pipe in fence line; thence to a new line through the Gordon
property S. 670 23' W. 258.85 feet to a point, marked by iron
pipe in fence line; thence a new line South 330 l6' E. 176.2
feet, along fence line, top a point on the north line of said
Norfolk and Western right of way line; thence N. 7lo 44' East
2l8.84 feet, along the north line of said right of way line to
the place of BEGINNING, and containing one (l) acre.
I
BEING the same property conveyed to Marvin H. Rogers,
Sr., by Deed dated June 12, 1970, from Dora H. Meador, et al.,
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said Deed being of record in the Roanoke County circuit Court
Clerk's Office in Deed Book 900, page 762.
I
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 Burton to grant with
conditions of screening, landscaping, and the time frame for
completion to the satisfaction of the Department of the
Development and upon the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
PROFFER OF CONDITIONS
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
Being in accord with §l5.1-49l.1 et seq. of the Code of
I
Virginia and §21-l1 of the Code of Roanoke County, the
Petitioner, James C. Epperly, 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.
1. The property is to be fenced on all sides. pine
trees are to be planted in the front portion of the property by
the first day of March, 1986.
Petition of Springwood Associates
requesting rezoning from B-1 to B-2 of
a tract located on Brambleton Avenue in
the Windsor Hills Magisterial
District.
APPROVED
Michael Smeltzer was present on behalf of Springwood
I
Associates to answer any questions the Board might have.
IN RE:
STOP THE CLOCK
Supervisor Minter moved to stop the clock at 10:59 p.m.
The motion carried by a unanimous voice vote.
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December 10, 1985
IN RE:
CONTINUATION OF PUBLIC HEARINGS
Mr. Louis Rothgeb, 3604 Pinevale Road, SW, Roanoke,
Virginia, was present to express his opposition to the rezoning.
He lives to the rear of the property in question and is concerned
I
about the preservation of the neighborhood and the increasing
traffic problems.
Mr. H. F. Faery, 3516 Pinevale Road, SW, Roanoke,
Virginia, was also present in opposition.
Mr. Hugh Key, 5355 Black Bear Lane, SW, Roanoke,
Virginia, 24014, was present in support of the rezoning request.
Mr. Key owns the property across the street from the property in
question. He feels that the rezoning will not affect the
neighborhood.
Mr. William G. Wingfield, 3522 Pinevale Road, SW,
reported that he is not concerned about the construction or
type of atmosphere.
I
appearance of the business but is concerned about the "garage"
Mr. Doug Freeman of Springwood Associates reported that
his business will no longer be involved in the selling of used
vehicles if it is allowed to relocate to this property.
Supervisor Burton expressed a concern about the storage
of vehicle parts and the appropriateness of this land use with
this type of business.
Supervisor Burton moved to deny the request. The
motion failed by the following recorded vote:
AYES: Supervisor Burton
NAYS: Supervisors Brittle, Nickens, Minter, and McGraw
Supervisor Brittle moved to approve the rezoning
I
request.
FINAL ORDER
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that at this
meeting of the Board of Supervisors of Roanoke County, Virginia,
held on the lOth day of December, 1985, the said County Zoning
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December 10, 1985
Ordinance be, and the same is hereby amended so as to reclassify
the entire property described in said Petition and being
I
described in Schedule "A" attached hereto be reclassified from
Business District B-1 to Business District B-2 in order that said
property might be more fully and reasonably used, the said
property being located in the County of Roanoke, State of
Virginia, with said zoning being subject to the following
conditions:
l. If rezoned, the Property will be developed in
accordance with the Preliminary Site Plan, except for such
modifications as may be required by the County as a result of its
site plan review process.
2. The facility will not be used by the Petitioner for
major mechanical work or for automobile body work.
3. There will be no outside storage of vehicles.
4. The facility will not be used to conduct the sale
of new or used automobiles.
I
5. The Petitioner will install and maintain such
screening as recommended by the Roanoke County Zoning
Administrator.
6. The Petitioner will install outside lighting in
accordance with the recommendations and approval of the Roanoke
County Zoning Administrator.
7. The Petitioner agrees to comply with such sound
emission regulations as may be promulgated by the Roanoke County
Planning Staff. Additionally, the Petitioner agrees to take such
action as necessary in order to reduce the noise level to no more
than the level of businesses now existing in the immediate
vicinity of the property sought to be zoned.
BE IT FURTHER RESOLVED and ORDERED that the Clerk of
this Board shall forthwith certify a copy of this resolution
and order to the Secretary of the Planning Commission of Roanoke
County, Virginia, and a copy to Woods, Rogers & Hazlegrove,
attorneys for the Petitioner.
I
The foregoing resolution was adopted on motion of
Supervisor Brittle and the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, and McGraw
NAYS: Supervisor Burton
"SCHEDULE A"
BEGINNING at an iron pin located on the northerly side
of Brambleton Avenue, SW, (U.S. Route 221), said point being
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December 10, 1985
corner to the property of Charlotte Heslep (Will Book 32, page
498); thence with the northerly side of Brambleton Avenue, S. 580
00' 00" W. 166.4 feet to an iron pin, corner to Lot 15 of D. B.
and Ella B. Ferguson Map; thence leaving Brambleton Avenue and
with the line of Lot 15, N. 320 00' 00' W. 165 feet to an iron
pin on the line of Lot l7; thence with the line of Lot l7, n. 580
00' E. 8.32 feet to an iron pin corner to Lot W-2; thence with
the line of Lot W-2 the following two courses and distances: S.
800 48' 00" E. 5l.09 feet to an iron pin and N. 030 37' 07" E.
4l.4 feet to an iron pin; thence N. 580 00' 00" E. 98.45 feet to
an iron pin corner to the Heslep property; thence with the Hesle~
property, S. 300 59' 00" E. 165.02 feet to an iron pin on the
northerly side of Brambleton Avenue, THE PLACE OF BEGINNING; and
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CONTAINING 0.606 acres and being as more particularly
shown on plat of survey made by Buford T. Lumsden & Associates,
P.C., Engineers-Surveyors, dated August 29, 1985; and
BEING the same property conveyed to Springwood
Associates, a Virginia General Partnership, by deed from Bane
International Corporation, a Virginia Corporation, dated August
28, 1985, and recorded in the Clerk's Office of the Circuit Court
of Roanoke County, Virginia, in Deed Book l225, page l136.
PROFFER OF CONDITIONS
Pursuant to the provisions of the Roanoke County Zoning
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TO THE HONORABLE BOARD OF SUPERVISORS OF ROANOKE COUNTY:
Ordinance, the Petitioner, Springwood Associates, a Virginia
General Partnership, respectfully files the following Proffer of
Conditions pursuant to its Petition to rezone the above-described
real estate located in the County of Roanoke, Virginia.
1. If rezoned, the Property will be developed in
accordance with the Preliminary Site Plan, except for such
modifications as may be required by the County as a result of its
site plan review process.
2. The facility will not be used by the Petitioner for
major mechanical work or for automobile body work.
3. There will be no outside storage of vehicles.
4. The facility will not be used to conduct the sale
of new or used automobiles.
5. The petitioner will install and maintain such
screening as recommended by the Roanoke County Zoning
Administrator.
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6. The Petitioner will install outside lighting in
accordance with the recommendations and approval of the Roanoke
County Zoning Administrator.
7. The petitioner agrees to comply with such sound
emission regulations as may be promulgated by the Roanoke County
Planning Staff. Additionally, the Petitioner agrees to take such
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December lO, 1985
action as necessary in order to reduce the noise level to no more
than the level of businesses now existing in the immediate
vicinity of the property sought to be rezoned.
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Petition of John W. Weaver
requesting rezoning from B-2 to M-l of
a tract located off of Hardy Road in
the Vinton Magisterial District.
APPROVED
Mr. Ed Natt was present on behalf of Mr. John Weaver to
answer any questions the Board might have. There was no one
present in opposition.
Supervisor Nickens moved to approve the rezoning
request.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementioned
tract of land, more particularly described below, be rezoned from
Business District B-2 to Industrial District M-l.
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BEGINNING at a point on the northerly side of Hardy
Road (Va. Sec. Rte. 634) at the southwest corner of the property
of Frances E. Weaver, containing 1.7 acres; thence N. 360 20' E.
188.54 feet to the actual place of BEGINNING: thence N. 360 20'
E. 102.34 feet to a point; thence S. 730 28' 46" E. 302.87 feet
to a point; thence S. 170 30' W. 74.46 feet to a point; thence N.
760 50' 11" W. 113.69 feet to a point; N. 840 10' 51" W. 5l.99
feet to a point; thence S. 150 44' 42" W. 40.23 feet to a point;
thence S. 650 27' W. 82.33 feet to the point and place of
BEGINNING.
Subject to the following conditions:
1. That the property will be zoned for the sole use of
Bradshaw Distributing Company as a distributorship for Snyder's
Potato Chip Co.
2. That all operations will be contained within the
existing building.
3. That there will be no changes or alterations to the
building on the premises.
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4. That should Bradshaw Distributing Company terminate
its use of the premises, the zoning would revert ,to Business
District B-2.
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.
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December lO, 1985
ADOPTED on motion of Supervisor Nickens and the
following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
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PROFFER OF CONDITIONS
The Petitioner hereby voluntarily proffers to the Boa]d
of Supervisors of Roanoke County, Virginia, the following
conditions to the zoning request hereinabove set forth:
1. That the property will be zoned for the sole use
a~Bradshaw Distributing Company as a distributorship for Snyder s
Potato Chip Co.
2. That all operations will be contained within the
existing building.
3. That there will be no changes or alterations to t e
building on the premises.
4. That should Bradshaw Distributing Company termina e
its use of the premises, the zoning would revert to Business
District B-2.
Petition of Ron Jackson and Doug
Dalton to request rezoning from R-l
and B-1 to R-5 of two parcels located
adjacent to pleasant Hill Drive in the
Windsor Hills Magisterial District.
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WITHDRAWN BY REQUEST OF PETITIONER
Chairman McGraw announced that the petitioner earlier
requested that he be allowed to withdraw this hearing from the
agenda. A copy of the petitioner's letter requesting that this e
withdrawn is included in the packet of the Deputy Clerk.
petition of Reginald C. All
requesting rezoning from A-I to M-l of
a tract located on the north side of
Route 624 in the Catawba Magisterial
District.
APPROVED
Mr. All was present to answer any questions the Board
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might have. No one was present in opposition.
Supervisor Minter moved to approve the rezoning
request.
FINAL ORDER
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December 10, 1985
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Ma~s
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as Parcels 21.00-1-26 and 2l.00-1-27 and recorded in Deed Book
1036, page 485 and legally described below, be rezoned from A-I
District to M-l District.
BEGINNING at the southwest corner of first tract as
described in Deed of Trust recorded in Deed Book 1036, page 485.
Thence along State Secondary Road 624 5830 16' W. 200 feet to a
point, thence N. 190 52' W 200 feet to a point, thence N. 830 16
E. 200 feet to a point, thence S. 190 52' E. 200 feet, to the
point of BEGINNING. Continuing 40,000 square feet more or less.
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 Minter and the
following recorded vote:
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AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
PROFFER OF CONDITIONS
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
Being in accord with §l5.l-491.1 et seq. of the Code c
Virginia and §21-11 of the Code of Roanoke County, the
Petitioner, Reginald C. All, 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.
l. The property is to be used as an agricultural
equipment and farm vehicle repair, and if not so used, the zoninJ
will revert to A-I, Agricultural.
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2. Inoperative vehicles currently located on the
property will be removed by January 1,1986.
Petition of the Superintendent of the
Department of Development to amend
Chapter l7, Subdivisions, Section
17-1 of the Roanoke County Code.
CONTINUED TO SECOND MEETING IN JANUARY, 1986
County Administrator, Elmer C. Hodge, Jr., recommended
that the Board defer this matter to a future meeting.
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December 10, 1985
Supervisor Brittle moved to continue this matter to ~he
second meeting in January, 1986. The motion carried by the
following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGra~
NAYS: None
Petition of the Zoning Administrator to
amend the Roanoke County Code to
add new provisions for inoperative
motor vehicles, trailers, and
semitrailers, and to delete current
provision for junk vehicles.
CONTINUED TO FIRST MEETING IN JANUARY, 1986
Mr. Jim Lehe, Department of Development, reported th t
the draft of this portion of the Code was presented to Sheriff
Foster earlier today. There were several issues with which th~
Sheriff did not agree. Mr. Lehe requested that this matter be
referred to a future Board meeting.
Mr. John Brownlee, 5003 Shadyside Drive, Roanoke,
Virginia, was present expressing concern that the present
ordinance was not being enforced.
Supervisor Minter moved to continue this matter to t~e
first meeting in February. The motion carried by the followin~
recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGra~
NAYS: None
Supervisor Nickens requested that the next draft
include a complete definition of inoperative vehicles.
Public Hearing concerning an Ordinance
authorizing the dissemination of
criminal history record information
of applicants for public employment,
permit, or license.
APPROVED
Supervisor Brittle moved to approve the prepared
ordinance.
ORDINANCE 85-240 AUTHORIZING THE
DISSEMINA'rION OF CRIMINAL HISTORY
RECORD INFORMATION OF APPLICANTS FOR
PUBLIC EMPLOYMENT, PERMIT OR LICENSE TO
AGENCIES OF THIS POLITICAL SUBDIVISION
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December lO, 1985
8> Ç,); 0
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BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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1. That the Roanoke County Code is hereby amended by
the addition of Section 2-17, Dissemination of criminal history
record information of applicants for public employment, permit or
license, pursuant to the provisions of Section 19.2-389 of the
1950 Code of Virginia, as amended.
2. That Section 2-17, Dissemination of criminal
history record information of applicants for public employment,
permit or license shall provide as follows:
a. Criminal history record information of an applicant
for public employment, permit or license may be disseminated to
agencies of local government whenever, in the interest of public
welfare or safety, it is necessary to determine if the past
criminal conduct of a person with a conviction record would be
compatible with the nature of the employment, permit or license
under consideration.
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b. Use of criminal history record information
disseminated to non-criminal justice agencies pursuant to this
section shall be limited to the purposes for which it was given
and may not be disseminated further.
c. The Sheriff or an authorized officer or employee of
a criminal justice agency shall disseminate criminal history
record information for the purposes of this section as follows:
i. Public Employment - To the chief personnel
officer of the Roanoke County Board of Supervisors
or the Roanoke County School Board.
ii. Permits or Licenses - To the County
Administrator if required by the specific terms of
the ordinance authorizing the issuance of said
permit or license.
3. The provisions of this ordinance shall be in full
force and effect from and after the date of its adoption.
On motion of Supervisor Brittle and the following recorded vote:
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AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
Public Hearing concerning Ordinance
amending Chapter 21, TAXATION of
the Roanoke County Code by the addition
of a new Section 2l-41.
APPROVED
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December lO, 1985
There were no citizens present to speak on this public
hearing. Supervisor Nickens moved to approve the prepared
ordinance.
ORDINANCE 85-241 AMENDING CHAPTER 2l,
TAXATION, OF THE ROANOKE COUNTY CODE BY
THE ADDITION OF A NEW SECTION 21-41
ENTITLED ABATEMENT OF LEVIES ON
BUILDINGS RAZED, DESTROYED OR DAMAGED
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BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 21, Taxation, of the Roanoke County
Code be amended by the addition of Section 2l-4l entitled
Abatement of levies on buildings razed, destroyed or damaged as
follows:
Section 21-41. Abatement of levies on buildings razed, destroye(
or damaged.
a. The treasurer, commissioner of revenue and county
assessor of the county shall provide for the abatement of levies
on buildings which are razed or destroyed or damaged by a
fortuitous happening beyond the control of the owner. The tax 0
such razed, destroyed or damaged building shall be computed
according to the ratio which the portion of the year the buildin
was fit for use, occupancy and enjoyment bears to the entire
year.
b. No such abatement shall be allowed if the
destruction or damage to such building shall decrease the value
thereof by less than $500. Also no such abatement shall be
allowed if such destruction or damage shall be repaired during
the same calendar year in which it occurred.
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c. Application for such abatement shall be made by or
on behalf of the owner of the building within six months of the
date on which the building was razed, destroyed or damaged.
2. That the provisions of this ordinance shall take
effect from and upon the date of its adoption.
On motion of Supervisor Nickens and the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
Public Hearing concerning Ordinance
amending Ordinance No. 1178 - the
franchise ordinance with Roanoke
Valley Cablevision, Inc.
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APPROVED
Mr. Robert Glenn was present to answer any questions
the Board might have. There was no one present in opposition.
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December lO, 1985
Supervisor Brittle moved to approve the prepared
resolution.
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ORDINANCE 85-242 AMENDING ORDINANCE NO.
1178 CONCERNING THE COUNTY'S FRANCHISE
ORDINANCE WITH ROANOKE VALLEY
CABLE VISION, INC. TO PROVIDE FOR AND
APPROVE A TRANSFER OF RIGHTS AND
PRIVILEGES TO A NEW GRANTEE
WHEREAS, Section 21 of the CATV franchise ordinance
provides that the Grantee (Roanoke Valley Cablevision, Inc.)
shall not sell or transfer its rights and privileges under the
franchise and the cable television system in Roanoke County to
any other person, firm or corporation without the written
approval of the governing body; and
WHEREAS, the Grantee seeks the County's approval to
sell and transfer its rights and privileges under this franchise
and cable television system to Cox Cable Roanoke, Inc., a
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subsidiary of Cox Cable Communications, Inc.; and
WHEREAS, the assignee, Cox Cable Communications through
its subsidiary, Cox Cable Roanoke, Inc., has agreed in writing
with the County to become responsible for the full performance of
all the conditions, liabilities, covenants and obligations
contained in this franchise; and
WHEREAS, the assignee has established to the reasonable
satisfaction of the Board that it possesses the financial and
technical ability and experience sufficient to perform the
duties, obligations and responsibilities imposed upon the grantee
in this franchise.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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1. That the sale or transfer of all rights and
privileges under the cable television franchise ordinance from
Roanoke Valley Cablevision, Inc. to Cox Cable Roanoke, Inc., a
subsidiary of Cox Cable Communications, Inc., is hereby approved.
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December lO, 1985
2. That Cox Cable Roanoke, Inc. shall be responsible
for the full performance of all the conditions, liabilities,
covenants and obligations contained in this franchise ordinance.
3. That Cox Cable Communications, Inc. or its parent
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shall guarantee the performance of said duties by Cox Cable
Roanoke, Inc.
4. That the provisions of this ordinance shall take
effect January 2, 1986.
On motion of Supervisor Brittle and the following recorded vote:
AYES: Supervisors Brittle, Nickens, Minter, Burton, and McGraw
NAYS: None
IN RE: ADJOURNMENT
Supervisor Brittle moved to adjourn to December 16,
1985, at 7:00 p.m. The motion carried by a unanimous voice vote
Av Cl-Au-r.
Chairman
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