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2/13/1979 - Regular 030 ",' ~~;';.': ( ..... \ 2-13-79 Salem-Roanoke County Civic Center Salem, Virginia February 13, 1979 7:00 P.M. The Board of County Supervisors of Roanoke County, Virginia, met this day in open session at the Salem-Roanoke County Civic Center in Salem, Virginia, this being the second Tuesday and the first regular meeting of the month. I Members Present: Chairman May W. Johnson, Vice-Chairman Robert E. Myers, Supervisors R. Wayne Compton (left meeting at 8:50 p.m.), Edward C. Park, Jr. and Lawrence E. Terry. Chairman Johnson called the meeting to order at 7:05 p.m. and recognized Reverend W. F. McMahan, Locust Grove Methodist Church, who offered the invocation. The Pledge of Allegiance to the flag was given in unison. IN RE: APPROVAL OF MINUTES Supervisor Terry moved that the minutes of the regular meetings of January 9 and January 23, 1979, be approved as presented, which motion was adopted unanimously. I IN RE: REQUEST OF FRANCES GRAHAM FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME TO BE OCCUPIED BY DAVID C. GRAHAM (SON) ON A 47-ACRE TRACT LOCATED ON THE NORTH SIDE OF STATE ROUTE 677 (WILLOW BRANCH ROAD), 1.1 MILES WEST OF ITS INTERSECTION WITH STATE ROUTE 614 IN THE CAVE SPRING DISTRICT This request was presented to the Supervisors by Ms. Graham. No one appeared in opposition. This concluded the pullilic hearing and Supervisor Terry moved that the request of Frances Graham be approved subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. NOTE: Variances have been granted by Board of Zoning Appeals- (1) Existing house on the property (2) Mobile Home is not owner occupied I IN RE: REQUEST OF WILLIAM AND SHIRLEY MILLNER FOR RENEWAL OF THEIR SPECIAL EXCEPTION TO PARK A MOBILE HOME TO BE OCCUPIED BY HAZEL ASHBY ON A 58.2-ACRE TRACT (WITH AN ADDITONAL MOBILE HOME) LOCATED ON A PRIVATE ROAD OFF FRANKLIN COUNTY ROUTE 852, 800 FEET NORTH OF FRANKLIN COUNTY ROUTE 613 IN THE WRIGHT AREA OF THE CAVE SPRING DISTRICT - This request was presented to the Supervisors by Ms. Hazel Ashby, mobile home occupant. No one appeared in oppositon. - .. I I I 2-13-79 031 .. . . . . . This concluded the public hearing and Supervisor Terry moved that the request of William and Shirley Millner be approved beginning September 28, 1978, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. IN RE: REQUEST OF ROBERT LEE ROGERS FOR A SPECIAL EXCEPTION TO PARK A MOBILE nOME TO BE OCCUPIED BY MR. AND MRS. :). C. JACOBS (MCTEER AND FATEER- IN-LP.T~~) G:~ /A L-.~CS~E TRACT LOCATED ON THE WEST SIDE OF STATE ROUTE 642 (ALLEGhANY DRIVE), 0.5 MILE NORTH OF U.S. ROUTE 11-460, GATA1.JBA DISTRICT Neither the applicants or the proposed occupants of the mobile home were present at the public hearing. Mr. T. T. Tuttle, area resident, spoke in opposition to the request stating that a mobile home would devalue his property. Mr. Haxie Cooner's son appeared on his behalf and advised that his father is an adjoining property owner and that access to the Rogers' property is an easement through his father's property. Mr. Cooner also stated that his father was concerned over possible overload of the spring, which already serves 19 families Supervisor Myers moved that the public hearing be continued to March 27, 1979, and that the applicants be notified or such continuance, which motion was adopted unanimously. IN RE: REZONING OF A PARCEL OF LAND CONTAINING ~~ 6.7726 ACRES, MORE OR LESS, SITUATE ON * THE NORTHWEST SIDE OF U.S. HIGlfWAY * ROUTE 221 AT CAVE SPRING * PINAL ORDER This request was presented to the Supervisors by H. Allen Glover, Attorney, who noted that Oakey's owns property on Route 419 but in the course of working and trying to find 2 suitable location, this property on 221 became available. Mr. Glover then described the property in question which is located on Route 221, a predominantly cormnerical area and also noted that adjoining landowners are in favor of this proposed use of the land. Mr. Glover described the site plan and explained that the proposed building will be similar to Oakey's North Chapel and Vinton Chapel. Mr. Kenneth C. King, Jr., Attorney, appeared Oi''. behalf of representatives of the Roanoke Valley Artificial Kidney Center, which orerates a kidney dialysis center located 2.t L~.330 Brambleton Avenue, S.W. (across the highway from the property in question). Mr. King submitted a petition containing over 40 signatures of persons who are basically patients at the center opposing tl1e rezoning, a. copy of Vlhich is filed with these minutes. Er. King stated that his clients opposed the rezoning since a funeral home ,;d thin sight 1iI.'ou.ld be depressir.g to patients who are already chronically ill and create a traffic problem to --- 0:.8.':2,', 2-13-79 the facilities' patients who arrive and depart on a schedule. Mr. Bob Saunders, Vice President of the Artificial Kidney Association and dialysis patient opposed the rezoning stating that it would be depressing to drive by a funeral home when in route for treatments. Dr. Jorge Roman, a kidney specialist, expressed concern over the Funeral Home depressing the kidney patients and told the Supervisors that suicide is a major cause of death in kidney patients. Mr. Francis Ray from Martinsville and a former patient of the center, said he would find it very depressing to pass by a funeral home on the way to treatments. In rebuttal, Mr. Glover stated that the only objection raised is incompatible use -- which should not be allowed to control zoning decisions. He further cited the predominantly commercial area and the Planning Commission's unanimous favorable recommendation. I FINAL ORDER NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Zoning Ordinances of Roanoke County as amended, be, and they ~ hereby are, further amended to reclassify and rezone from Business District B-1 to Business District B-2 the following tract or parcel of land: BEGINNING at an iron pin on the northwest side of U.S. Highway Route 221, which pin is the common pin of the property now or formerly owned by C.D.B., as shown on the Plat of Survey prepared by Jack G. Bess, Certified Land Surveyor, dated April 22, 1974, thence N. 53 Deg.3l' W. 150 feet to an iron pin; thence S. 36 Deg. 29' W. 285 feet to an iron pin; thence N. 1 Deg. 14' 38" W. 52 feet to a point; thence S. 85 Deg. 5' 36" W. 282.50 feet to an old iron pipe; thence N. 9 Deg. l' 52" W. 115.92 feet to an old iron pipe; thence S. 82 Deg. 52' 4" W. 123.57 feet to an old iron pipe, thence N. 10 Deg. 55' 3" E. 47.62 feet to an old iron pipe; thence N. 74 Deg. 34' 33" E. 30.93 feet to a tack; thence N. 54 Deg. 57' 33" E. 71.23 feet to an old iron pin; thence N. 37 Deg. 3' 3" E. 71.85 feet to an old iron pin; thence N. 5 Deg. 7' 50" W. 105.02 feet to a bolt; thence S. 65 Deg. 39' 16" W. 30.67 feet to an old iron pin; thence N. 18 Deg. 23' 43" W. 69.90 feet to an old iron bolt on the south- east side of State Route 1663; thence with State Route 1663 N. 31 Deg. 31' 56" E. 65.90 feet to a point; thence continuing on State Route 1663 N. 42 Deg. 45' 35" E. 13.15 feet to an old iron pin; thence N. 73 Deg. 36' 27" E. 169.19 feet to an old iron pin; thence N. 74 Deg. 3' 52" E. 131.86 feet to an old iron pin; thence S. 17 Deg. 35' 2" E. 111.45 feet to an old iron pin; thence N. 69 Deg. 57' E. 83.70 feet to a post; thence S. 75 Deg. 40' E. 400.92 feet to an iron pin situate on U.S. Highway Route 221; thence following the northwesterly line of said highway S. 36 Deg. 29' W. 337.61 feet to the PLACE OF BEGINNING, CONTAINING 6.7726 acres, more or less, as shown on the Plat of Survey prepared by Jack G. Bess, Certified Land Surveyor, dated April 22, 1974. I I 2-13-79 O..3!.:l,~ , I BE IT FURTHER RESOLVED AND ORDERED that this Resolution and Order be spread on the official records of the Board of County Supervisors of Roanoke County by the Clerk of this Board and that the Clerk further furnish a certified copy of this Resolution and Order to A. A. Guepe, Secretary of the Planning Commission of Roanoke County, Virginia, who is hereby directed to change all official zoning maps of Roanoke County to reflect the rezoning ordered herein and that additional certified copies be sent to counsel for the petitioner herein. This concluded the public hearing, and Supervisor Compton moved that the Board concur with the recommendation of the Planning Commission and approve the rezoning, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnso NAYS: None I IN RE: PETITION OF M. R. FITZGERALD FOR REZONING FROM B-2 TO M-2 OF A PARCEL OF LAND CONTAINING 3 ACRES AND LOCATED ON THE SOUTH SODE OF U. S. ROUTE 11-.460, 1200 FEET EAST OF ITS INTERSECTION WITH STATE ROUTE ~~ 612 IN THE CATAWBA DISTRICT TO PERMIT CONTINUED OPERATION OF A CONTRACTOR'S EQUIPMENT STOP~GE YAP~ This request was presented to the Supervisors by Mr. Fitzgerald. No one appeared in opposition. FINAL ORDER NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the following described parcel of land situate on the southerly side of U. S. Route 11-460, approximately 1,200 feet west of its intersection with State Route 612, be, and the same is hereby, rezoned from Business District B-2 to Industrial District M-2: BEGINNING at a persimmon tree, corner to the Conner's lot on the north line of the Norfolk and Western right-of-way, thence with the N&W right-of-way S. 52 deg. 03' W. 149.5 feet to a point, thence S. 47 deg. 07' W. 150 feet to a point; thence S. 22 deg. 33' W. 84 feet to a point, thence a new line N. 47 deg. 55' W. 369 feet to a stake on the south line of the right- of-way of U. S. Route 11-460; thence with the same N. 41 deg. 07' E. 75.5 feet to a point; thence N. 48 deg. 51' E. 73 feet; thence N. 59 deg. 30' E. 126 feet; thence N. 63 deg. 48' E. 175.5 feet to a point in Stipes Branch on the Goodwin lot line; thence down the Branch with the Goodwin lot line S. 12 deg. 38' E. 222 feet to a point in the Branch; thence N. 70 deg. 15' E. 122 feet to a point in the Branch on the said Conner lot line; thence with the Conner lot line leaving the Branch, S. 21 deg. 15' E. 64 feet to the BEGINNING. IT IS FURTHER ORDERED that the County Planner be, and he is hereby, directed to reflect this change in zoning on the zoning maps of the County. I 034 2-13-79 On motion of Supervisor Myers and adopted by the following recorded vote: AYES: NAYS: IN RE: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnsor None PETITION OF ALLEN R. AND EDNA H. MORAN FOR REZONING FROM B-1 TO B-2 OF 1.152 ACRES LOCATED ON THE NORTH SIDE OF STATE ROUTE 1663 (OLD CAVE SPRING ROAD) ,330 FEET WEST OF ITS INTERSECTION WITH STATE ROUTE 1637 (RASMONT ROAD) IN THE WINDSOR HILLS DISTRICT TO PERMIT CONSTRUCTION OF A FACILITY FOR THE OPERATION OF SMALL RETAIL BUSINESS This request was presented to the Supervisors by Frank K. Saunders, Attorney, who explained that the petitioners wished to construct a small group of retail businesses or a neighborhooc mini-mall type of operation. Mr. Moran was also present at the hearing. Mr. Gerard B. Bijwaard, resident of the Windsor Hills District, appeared in opposition since only a vague plan was presented at the Planning Commission hearing. Mr. Bijwaard also questioned the legality of the Supervisors hearing the request because of a 2 to 1 vote at the Planning Commission hearing. Supervisor Terry moved that the petition be referred back to the Planning Commission for further consideration. At this point, Supervisor Compton moved that the Board proceed with its regular agenda and asked the County Attorney to clarify the question of the legality of the Supervisors hearing this request without a majority vote of the Planning Commission, which motion was adopted unanimously. I I IN RE: PETITION OF EMERGENCY VEHICLES INC. FOR A SPECIAL EXCEPTION TO OPERATE A BUSINESS FOR THE SALE OF NEW AND USED AMBULANCES, FIRE TRUCKS, AND EMERGENCY SERVICES SUPPLIES ON PROPERTY PRESENTLY ZONED B-3 AND LOCATED AT THE NORTHWEST CORNER OF FRANKLIN ROAD (ROUTE 220) AND VALLEY STREET (PINKARD COURT) IN THE CAVE SPRING DISTRICT This request was presented to the Supervisors by Mr. John T. Molumphy, III, Attorney. No one appeared in opposition. FINAL ORDER (1) Upon petition for Special Exception by W. H. FRALIN, KAREN WALDRON LESTER and EMERGENCY VEHICLES, INC. for use of certain property zoned business B-3, said Special Exception being expresssly provided for in the Roanoke County Zoning Ordinance, as amended, at article 11 section 1-4, and said parcel being more particularly described and indicated on the copy of plat attached hereto and made a part hereof, said property being located on the westerly side of Franklin Road, S.W. on the northerly side of its intersection with Valley Street, S. W. in the Cave Spring Magisterial District, Roanoke County, Virginia and said Special Exception being desired so tha a business for the sale of new and used ambulances and emergency I ,- I I I 2-13-79 035 ~. .".. . '.'4 r,.! .:\ , , - , , services, supplies and fire trucks may be operated thereon; and (2) Upon receiving and filing of said petition and upon public hearing before the Roanoke County Board of Supervisors pursuant to notice, NOW, THEREFORE, BE IT RESOLVED that the petitioners be and hereby are granted a Special Exception as provided by article 11 section 1-4 of the Roanoke County Zoning Ordinance, as amended, for the above described parcel and for the hereinabove stated purposes; and The Roanoke County Planning Commission is directed to reflect said Special Exception upon the map of Roanoke County, Virginia. The foregoing Order was adopted on motion of Supervisor Compton and the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None PETITION OF DAVID E. BITTEL, D.M.D. FOR REZONI~G FROM R-l TO B-1 OF A PARCEL OF LAND CONTAINING 0.43 ACRE AND LOCATED ON THE SOUTHEASTERLY SIDE OF COLONIAL AVENUE, 0.3 MILE NORTHEAST OF ITS INTERSECTION WITH ROUTE 419 IN THE CAVE SPRING DISTRICT SO THAT A PROFESSIONAL OFFICE BUILDING INCLUDING MEDICAL AND DENTAL OFFICES MAY BE CONSTRUCTED THEREON This request was presented to the Supervisors by Jennings T. Bird, Attorney. Also present were his associate Ms. Lea L. Lautenschlager and Dr. Bittel. Mr. Bird explained the location of the property and advised that Dr. Bittel has a contract to purchase the property from Mr. and Mrs. Tickle subject to the rezoning being approved. Mr. Bird explained that a 40 by 90 foot office building to house two dental offices is proposed and noted the abundant parking facilities, the availability of water and sewer and the fact that the topography of the land is practically level. Mr. Bird stated that the property cannot be developed under its present zoning classification and that the requested rezoning is the highest and best use given the particulars of the neighborhood. He noted that the proposed offic building would generate considerably less traffic than the adjacent convenience store. Mr. Bird advised that residents of the neighborhood were invited to a meeting in July for the purpose of discussing his proposal but only 2 persons responded. Mr. Bird stated that subsequent phone calls were made, with some neighbors in favor of the rezoning and some opposed. He further stated that the petitioners have agreed that the property will be used only for the construction and operation of a professional office building, including medical and dental offices; said condition being submitted ot the Board in a proffer statement dated February 13, 1979 prior to the hearing. He also noted that IN RE: - 036~ 2-13-79 one of the key elements involved is that a buffer is needed between area residents and an adjacent convenience store which this proposed use would provide. Ms. Dorothy M. Smith, a resident of 3657 Colonial Avenue (directly across from the property in question), appeared in opposition to the request. Ms. Smith advised that she also represented those citizens residing in the 3600 block of Colonial Avenue and then recounted the history of the convenienc store and former gasoline station, advising that the convenience store got in through a grandfather clause. Ms. Smith further state that these businesses were offensive to the neighbors who wished the area to remain residential. Mr. Fred Clarkson, who resides directly opposite the property in question, also appeared in opposition and generally agreed with Ms. Smith. Board Chairman Johnson, who represents the Cave Spring Magisterial District, advised that the main concern of certain of the area residents was the fear of commercializing Colonial Avenue--that approval of this request will be the beginning of another Brambleton Avenue. Chairman Johnson recognized Jennings Bird who concluded his presentation by reading from a recent legal opinion in the Vienna Council vs. Kohler case stating that adjoining landowners objections were not sufficient reason to overturn a rezoning request. Mr. Bird also reiterated his opinion that the property cannot be used in its current zoning classification. ORDERED that the Petitioner be, and hereby is, granted rezoning of the following described parcel of land from R-l Residential District to B-1 Office and Residential District, subject to the condition that the property will be used only for the construction and operation of a professional office building, including medical and dental offices, pursuant to Section 21-61, et seq., of the Roanoke County Code: BEGINNING at a iron on the southeasterly side of Colonial Avenue, corner to the property of J. D. MacArthur Properties, Inc. (7-Eleven Store) and being located 279.50 feet northeasterly from Thompsons Lane; thence with the southeasterly side of Colonial Avenue N. 52 deg. E. 95.0 feet to an iron; thence with two new division lines through the Robert H. Tickle property S. 31 deg. 15' E. 200.00 feet to an iron; thence S. 52 deg. 15' W. 95.0 feet to an iron on line of B. E. Conner property; thence with the line of the Conner property passing an old iron, corner to J. D. MacArthur Properties, Inc., and continuing with the line of same N. 31 deg. 15' W., in all 200.0 feet to the BEGINNING and containing 0.43 acres and being as shown on map made by T. P. Parker & Son, Engineers and Surveyors, dated March 14, 1978. I I I I I I 2-13-79 037 "'. , 'l.' :,; ,. .. . . . ... ,. . . This concluded the public hearing and Supervisor Terry moved that the Board concur with the recommendation of the Planning Commission and deny the rezoning, which motion was defeated by the following recorded vote: AYES: Mr. Terry, Mrs. Johnson NAYS: Mr. Compton, Mr. Myers, Mr. Park Supervisor Myers moved that the rezoning be approved subject to the condition that the property will be used only for the construction and operation of professional office building, including medical and dental offices, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry NAYS: Mrs. Johnson IN RE: PETITION OF ALLEN R. AND EDNA H. MORAN In regard to the petition of Allen R. and Edna H. Moren, County Attorney Buchholtz advised that action of the Board of Supervisors is legislative in nature and is determined by statute, while the Planning Commission is an advisory body only and exercises no legislative power. Mr. Buchholtz stated in his legal opinion it is not necessary that a majority of the Planning COlnmission members act on any request since it is an advisory commission and suggested that the Board is within its rights to re-refer the petition in question to the Planning Commission since one of the functions of the Planning Corrmission is to give its best-reasoned recommendation to the governing body. Mr. Terry's motion to refer the Moran petition back to the Planning Commission was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson None NAYS: At 8: 50 p. m., Supervisor Compton advised that he mus t leave the meeting. Prior to his leaving, Mr. Co~pton made reference to a need in the school system for certain teachers and consolidation, stating that in his opinion the first step towards consolidation will be when the Valley governments work to provide services interchangeably. IN RE: REQUEST OF CITIZENS FOR DRAINAGE AND ROAD IMPROVEMENTS IN THE WEST TEXAS HOLLOW SECTION OF THE CATAWBA DISTRICT Mr. David L. Simm.ons and other residents from the West Texas Hollow section of the Catawba District appeared before the Board regarding certain drainage and road improvrnents concerns in their area. Mr. Simmons then presented petitions containing over 250 signatures and a Highway Renovation Proposal to the Supervisors, both of which are filed with the minutes of ---- 2-13-79 038 this meeting. Following considerable discussion, Supervisor Myers moved that these citizen recommendations be forwarded to the State Highway Department for study and that a meeting be arranged amoung County officials, citizen representatives and the Highway Department to further discuss the matter, which motion was adopted unanimously. IN RE: BINGO PERMIT RENEWAL-SUGAR LOAF LIONS CLUB Supervisor Terry moved that the application of Sugar Loaf Lions Club for renewal of their bingo permit be approved for the period February 13, 1979 through December 31, 1979, which motion was adopted unanimously. IN RE: BINGO PERMIT RENEWAL-CAVE SPRING DISTRICT LIONS CLUB Supervisor Myers moved that the application of Cave Spring District Lions Club for renewal of their bingo permit be approved for the period February 13, 1979 through December 31, 1979, which motion was adopted unanimously. IN RE: ROANOKE BASIN MANAGEMENT ADVISORY COMMITTEE- APPOINTMENT OF A COUNTY REPRESENTATIVE Supervisor Park moved that Supervisor Compton be appointed to serve as a County representative on the newly created Roanoke Basin Management Advisory Committee, which motion was adopted unanimously. IN RE: SPECIAL CETA PROJECT-PARK FACILITIES IMPROVEMENTS Supervisor Myers moved adoption of the prepared resolution accepting a certain grant from the Roanoke Consortium for Manpower Services for the RQanoke County Department of Parks and Recreation. Consideration of the matter was continued to the February 27, 1979 meeting due to the following recorded tie vote: I I AYES: NAYS: ABSENT: IN RE: Mr. Myers, Mrs. Johnson Mr. Park, Mr. Terry Mr. Compton REFERRALS TO PLANNING COMMISSION ----- In a report to the Board, the County Executive advised that the following petitions have been referred to the County Planning Commission since the Supervisors' meeting on January 23, 1979: (1) Petition of Harold C. and Mildred R. Wingate requesting rezoning from RE to B-2 of 5.5 acres on the south side of Route 311 (part of lots 8 and 9 of the Morgan Estates subdivision) so a country farmhouse-type restaurant may be operated thereon. Catawba District. (2) Petition of Century Development Corporation and Branch Associates, Inc. for rezoning from M-l to B-2 of one- half acre at the northwest corner of the intersection of Route 628 (Wood Haven Road) and Peters Creek Road to I < I I I 2-13-79 039 < , < " < n . . allow operation of a convenience store. Catawba District. (3) Petition of Robert C. Dantzler for rezoning from RE to A-I of 19 acres at the northwest corner of the intersection of Texas Hollow Road and Route 913. Catawba District. (4) Petition of Robert S. and Helen S. McCluer for rezoning from B-1 to B-2 of lot 3 and west 50 feet of lot 2, block 3, survey 1 of Mount Vernon Heights subdivision (3815 Brambleton Avenue, S.W.) to allow operation of a retail miniature store. Cave Spring District. (5) Petition of George B. Cartledge, Jr. and Marianne Cartledge for rezoning from R-3 to B-2 of 2.36 acres located 200 feet from the southeast corner of Route 419 and Route 706 (Elm View Road) so a furniture store and offices may be operated theron. Cave Spring District. (6) Petition of L. Ben Murray, Jr., Marcella N. Murray, Frederick W. Thomas, and Kitty M. Thomas for rezoning from R-l to B-2 of a 9,000-square-foot tract on the northeast side of Route 118 (Airport Road), 400 feet south of its intersection with the access road to Woodrum Airport so a real estate business may be conducted thereon. Hollins District. (7) Petition of Stone Printing and Manufacturing Company for rezoning from R-l to M-l of an 8.46l-acre portion of ~ 26-acre tract on the northeast side of Route 118 (Airport Road), 3,000 feet northwest from its intersection with Hershberger Road to allow operation of an office and printing plant thereon. Hollins District. (8) Petition of Friendship Manor Apartment Village Corporation for rezoning from R-l to B-2 of 24.178 acres on the north side of Hershberger Road and east of State Route 623 (Florist Road) to permit the construction of an addition to a convalescent and nursing care facility and construction of life-lease apartments for the elderly. Hollins District. (9) Petition of Friendship Manor Apartment Village Corporation for rezoning from R-l, R-3, and B-2 of 56 acres known as the "Lakeview property" located on the west sid.e of Williamson Road and fronting partly on Peters Creek Road, Dent Road, and Airport Road to permit construction of an addition to an existing home for adults and construction of life-lease apartments for the elderly. Hollins District. (10) Petition of William and Arlene Alvarez for vacation and closing of Ferrell Road from the north side of Warwood Drive to its terminus on the boundary of lot 1, block 1, section 1 of Bear Ridge subdivision. Windsor Hills District. (11) Petition of Charlotte Heslep and Dell F. Critcher for rezoning from R-l to B-2 of 1.84 acres at 3505 Brambleton Avenue, S. W. (just west of the intersection of Brambleton Avenue and Pinevale Road) to permit operation of a retail business for the display and sale of custom-made home interior decorations. Windsor Hills District. (12) Petition of Ray B. and Violet V. Tucker for rezoning from B-1 to B-2 of 0.356 acre on the east side of Old Cave Spring Road, 1200 feet north from its southerly intersection with Route 221 to permit the operation of a gift shop ~n and existing building thereon. Windsor Hills District. IN RE: EXECUTIVE SESSION On motion of Supervisor Park and a unanimous voice vote, the Supervisors voted to hold an Executive Session later in the meeting at which time they will discuss several legal matters, two personnel matters and two real estate matters. - 2-13-79 040::4' AYES: Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None ABSENT: Mr. Compton IN RE: DESCRIPTION APPROPRIATION RESOLUTION NO. 2244-MID-YEAR BUDGET ADJUSTMENTS Class: Expenditures Fund: General Operating Department: County Attorney Object: Consultant Fee Department:Department of Public Works-Garage Object: Salaries Department:School Transfer Object: School Transfer Department:Reimbursable Expenditures Object: Reimbursable Telephone-Welfare Department:Miscellaneous Operating Functions Object: Attorney Fees-Sewer Department:Contingent Balance Object: Unappropriated Balance Class: Revenues Fund: General Operating Department:Local Revenues Ob j ec t : ACCOUNT NUMBER 6030lf-103 603101-100 60317a-901 60318b-218c 60318f-103 60399a-999 Taxes-Personal Property 503010-0102 Taxes-Public Service Corporations 503010-0103 Local Sales Tax 503010-0202 Recordation and Conveyance Tax 503010-0203 Franchise Tax 503010-0204 Merchants' and Professional Licenses503010-0305 Animal Control Fees 503010-0306 Building Permit Fees 503010-0308 Fines and Forfeitures 503010-0401 Interest and Investments 503010-0501 Garbage Collection Fees 503010-0714 Court Recording Fees 503010-0722 Clerk Fees 503010-0723 Board of Prisoners 503010-0907 Miscellaneous Refunds 503010-0911 VPI Extension Services-Salem 503010-0917 Air Pollution Control-Salem 503010-0919 Refund Sheriff Mileage(Miscellaneous)503010-0921 Department:Commonwealth Revenues Object: Incentive Payments Welfare Grant-State, Federal Share Trailer Tax Share Local Hospitalization Department:Non-Revenue Accounts Object: Reimburse Federal Grant VA400-9 Refund Circuit Court Expenses Department:Beginning Balance Object: Beginning Balance (CONTINUED) 503020-0606 503020-0608 503020-0612 503020-0621 503030-0998 503030-1010 503099-0001 INCREASE (DECREASE) I $ 15,500 1,500 22,359 31,000 6,056 1,305,563 $1,381,978 $ 207,000 31,000 180,000 15,000 5,000 35,000 9,000 5,000 5,000 100,000 10,000 6,000 16,300 5,000 8,000 2,000 1,000 200 I 850 (350,000 5,000 (12,000) 1,768 (9,000) I 1,104,860 1,381,978 " " ' ,--, ~..'" . Class: Fund: Department: Object: III Class: Fund: Department: Ob j ec t : 2-13-79 OA 1, , . . . . " " . . " d. ~'.. , ... " . DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Expenditures School Operating Schools Administration 617000-17a Instruction 617000-17b1 Other Instruction Costs 617000-17b2 Attendance and Health Services617000-17c Adult Education 617000-17i Maintenance of School Plant 617000-17f2 Capital Outlay 617000-19a Debt Principal and Interest 617000-20b $17,158 89,842 (134,590) 19,612 6,660 17,512 4,890 1,275 Revenues School Operating Schools Local Appropriation-Rke Co Gen Oper 517000-31d $22,359 vote: On motion of Supervisor Myers and adopted by the following recorded AYES: NAYS: Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson None ABSENT: Mr. Compton IN RE: RESOLUTION NO. 2245 ACCEPTING THE DONATION OF A CERTAIN PARCEL OF REAL ESTATE AND AUTHORIZING THE COUNTY EXECUTIVE TO DULY AUTHENTICATE SUCH ACCEPTANCE AS MADE AND PROVIDED BY LAW BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That that certain offer of Richard R. Hamlett and wife to donate that certain parcel of real estate more particularly described as Lot 1, Block 2, as shown on the map of Hamlett Estates of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, to the ,Board of County Supervisors of Roanoke County be, and it hereby is, accepted; and III 2. That upon receipt of a duly executed deed from Richard R. Hamlett and wife conveying the hereinabove-mentioned real estate to the Board of County Supervisors of Roanoke County, the County Executive is hereby authorized to authenticate the acceptance thereof, as made and provided by Section 15.1-286 of the Code of Virginia, 1950, as amended. III On motion of Supervisor Terry and adopted by the following recorded vote, AYES: Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None ABSENT: IN RE: Mr. Compton REQUEST TO WAIVE WATER ORDINANCE - SUMMERDEAN HEIGHTS, SECTION 2 - 2-13-79 04.'.2. Supervisor Park moved that the Board concur with the recommendation of the Public Service Authority and deny the request of John Parker, Consulting Engineer, for waiver of the County's Water Ordinance for Summerdean Heights, Section 2. Motion was adopted by the following recorded vote. I AYES: Mr. Park, Mr. Terry, Mrs. Johnson NAYS: Mr. Myers ABSENT: Mr. Compton IN RE: RESOLUTION NO. 2246 COMMENDING THE ROANOKE COUNTY DEPARTMENT OF FIRE AND EMERGENCY SERVICES AND THE ROANOKE COUNTY SHERIFF'S DEPARTMENT FOR THEIR PERFORMANCE DURING THE 1979 WINTER ICE STORM WHEREAS, on the weekend of January 19-21, 1979, Roanoke County was stricken by a severe winter ice storm causing power failure and other hardships to the area; and WHEREAS, said storm caused numerous calls for emergency assistance; and WHEREAS, the Roanoke County Department of Fire and Emergency Services I and the Roanoke County Sheriff's Department responded to these calls for assistance; and WHEREAS, the volunteer and salaried personnel of these departments did perform effectively and efficiently over a fifty-hour period without rest and gave unselfishly of their time and skills; and WHEREAS, their actions contributed appreciably to the safety and relief of the community. NOW, THERFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board does, on behalf of themselves and the citizen~ of Roanoke County, hereby commend the Roanoke County department of Fire and Emergency Services and the Roanoke County Sheriff's Department for outstanding I performance under very adverse conditions and recognizes the significant contribution of the individuals and units involved in saving lives and minimizing suffering during the 1979 winter ice storm. On motion of Supervisor Park and adopted by a unanimous voice vote. IN RE: APPOINTMENT - COURT SERVICE UNIT ADVISORY COUNCIL - Supervisor Terry moved that Mr. Gerard B. Bijwaard be appointed to 2-13-79 0,43 serve as one of two representatives of the Windsor Hills Magisterial District on the Roanoke County Court Service Unit Advisory Council for a term beginning on February 13, 1979 and ending on March 22, 1981. I The motion was adopted unanimously. IN RE: EXECUTIVE SESSION At 9:50 p.m., on motion of Supervisor Terry and a unanimous vote the Board recessed and went into Executive Session pursuant to a motion heretofore adopted. At 11:40 p.m. on motion of Supervisor Myers and a unanimous voice vote, the Board reconvened in open session. IN RE: RESOLUTION NO. 2247 AUTHORIZING THE PURCHASE OF A CERTAIN PARCEL OF REAL ESTATE UPON CERTAIN TERMS AND CONDITIONS; AND AUTHORIZING THE COUNTY EXECUTIVE TO DULY AUTHENTICATE SUCH ACCEPTANCE AS MADE AND PROVIDED BY LAW BE IT RESOLVED by the Board of County Supervisors of Roanoke County I as follows: 1. That that certain offer of G. G. Lovell and Dealie Lovell, husband and wife, to sell and convey that certain parcel of real estate more particu- larly described as 12.150 acres situate, lying and being on the northerly side of State Highway Route 117 (Peters Creek Road) in the County of Roanoke, Virginia, for a consideration not to exceed the sum of $295,000.00, to the Board of Supervisors of Roanoke County be, and it hereby is, accepted; and 2. That upon receipt of a duly executed deed from G. G. Lovell and Dealie Lovell, husband and wife, conveying the hereinabove-mentioned real estate, certified as to title as made and provided by law, to the Board of Supervisors of Roanoke County, the County Executive is hereby authorized to authenticate the acceptance thereof, as made and provided by Section 15.1-286 I of the Code of Virginia of 1950, as amended. On motion of Supervisor Terry and adopted by the following recorded vote. AYES: Mr. Myers, Mr. Terry, Mrs. Johnson NAYS: None ABSENT: Mr. Compton ABSTAIN: Mr. Park ()4~4' 2-13-79 IN RE: APPROPRIATION RESOLUTION NO. 2248 - ACQUISITION OF LAND (NORTH COUNTY DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Department: Object: Expenditures General Operating Capital Outlay Acquisition of Land (North County) 603l9A-60lH $295.000.0C Department: Object: Contingent Balance Unappropriated Balance 60399A-999 (295.000.0C On motion of Supervisor Terry and adopted by the following recorded vote. AYES: Mr. Myers. Mr. Terry. Mrs. Johnson NAYS: None ABSENT: Mr. Compton ABSTAIN: Mr. Park IN RE: WOMACK PROPERTY Supervisor Park moved that the County Executive be authorized and directed to investigate the Womack property adjacent to Northside High School for possible acquisition by the County for public purposes. which motion was adopted unanimously. IN RE: ADJOURNMENT This concluded the business before the Board at this time and on the motion of Supervisor Myers and a unanimous voice vote. the meeting was adjourned at 11:42 p.m. CHAIRMAN I I I