HomeMy WebLinkAbout4/9/1974 - Regular
--;-;....,.."'" .)'.~""'-r'~--
380
4-9-74
-----..-y-------
i
I
Salem-Roanoke Valley Civic Center
Salem, Virginia
April 9, 1974
1:00 P.M.
The Board of Supervisors of Roanoke County met this
day at the Salem-Roanoke Valley Civic Center in Salem, Virginia,
being the second Tuesday and the first regular meeting of the
month.
Members Present: R. E. Hilton, Jr., Chairman,
John G. Seibel, Vice-Chairman, Thomas H. Beasley, Jr.,
C. Lawrence Dodson and Richard C. Flora. William F. Clark,
County Administrator, and Edward A. Natt, County Attorney, were
also in attendance.
Chairman Hilton called the meeting to order at
1:00 p.m. The invocation was offered by Reverend C. Lawrence
Dodson. The Pledge of Allegiance to the flag was given in
unison, led by Chairman Hilton.
The minutes of the regular meeting of March 26, 1974,
were approved as spread by the Chairman.
IN RE:
PETITION OF JAMES D. FRALIN AND )
DONALD G. SINK FOR REZONING OF A )
PORTION OF A 2.522 ACRE TRACT LYING) FINAL ORDER
ON THE NORTHWESTERLY SIDE OF ROUTE )
419 )
WHEREAS, James D. Fralin and Donald G. Sink, by
petition filed with this Board, requested the County Zoning
Ordinance be amended so as to provide that the 2.522 acre parcel
described in said petition be reclassified from Agricultural
A-I to Business B-2; and
WHEREAS, the County Planning Commission, by resolution
adopted at its meeting held on the 19th day of March, 1974,
recommended that said Zoning Ordinance be amended so as to chan~
the classification of that portion of the 2.522 acre parcel as
is presently zoned Agricultural A-I to Business B-2; and
I
I
I
-, ,;-:,- .
fJ8
\.J 1
4-9-74
WHEREAS, upon receipt of the recommendation from the
Planning Commission, this matter was set for a public hearing
at this meeting of the Board and, notice thereof given by
publication as required by law; and
I
WHEREAS, this Board, after giving due consideration
to said petition and to the recommendation of the Planning
Commission concerning the merits of said proposed amendment to
the Zoning Ordinance, being of the opinion that said Zoning
Ordinance should be amended as requested in said petition and
as recommended in the report of said Planning Commission.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED at this
meeting of the Board of Supervisors held on the 9th day of
April, 1974, that the said Zoning Ordinance be, and the same is
hereby, amended so as to classify that portion of the following
described property as is presently zoned Agricultural A-I to
Business B-2:
I
BEGINNING at a point on the northwesterly side of
Va. State Route #419 which is 229 feet more or less
from the southwesterly corner of the intersection of
the said Va. State Route #419 and Ogden Road; thence
with the northerly right of way line of the said Va.
State Route #419 the following courses and distances:
a curve to the left whose delta angle is 1 deg. 14'
01" for an arc distance of 32.76 feet to a point;
thence a curve to the left whose delta angle is
4 deg. 20' 04" foa an arc distance of 115.09 feet;
thence S. 42 deg. 50' 57" W. 54.91 feet to a point;
thence leaving Va. State Route #419 N. 43 deg. 38'
W. 329.57 feet to an old iron pin; thence N. 19 deg.
20' W. 270.80 feet to a post; thence N. 48 deg. 24'
20" E. 119.11 feet to a post; thence S. 40 deg. 49'
E. 567.57 feet to the place of BEGINNING, containing
2.522 acres more or less, and being shown as a 1.377
acre tract and a 1.145 acre tract on the plat of sur-
vey prepared by T. P. Parker & Son under date of
September 25, 1973.
The foregoing resolution was adopted on motion of
Supervisor Beasley, seconded by Supervisor Seibel and adopted
I
by the following recorded vote:
AYES:
Mr. Beasley, Mr. Dodson, Mr. Flora, Mr. Seibel,
Mr. Hilton
NAYS:
None
Mr. Jack V. Place, Attorney, appeared on behalf of
the petitioners. There was no opposition.
382
4-9-74
IN RE:
PETITION OF AMERICAN VALLEY INNS,
INC. FOR REZONING OF A 4.095-ACRE
TRACT LOCATED ON THE SOUTH SIDE OF
ROUTE 220, ADJACENT TO VALLEY AVENUE
FINAL ORDER
WHEREAS, American Valley Inns, Inc., by petition filed
with this Board, requested the County Zoning Ordinance be amend-
ed so as to provide that the 4.095 acre parcel described in said
I
petition be reclassified from Residential R-3 to Business
District B-2; and
WHEREAS, the Planning Commission of Roanoke County,
by resolution adopted at its meeting held on the 19th day of
March, 1974, recommended that said Zoning Ordinance be amended
so as to change the classification of the said 4.095 acre parcel
from Residential R-3 to Business B-2; and
WHEREAS, upon receipt of the recommendation from the
Planning Commission, this matter was set for a public hearing at
this meeting of the Board and notice thereof given by publicatio
as required by law; and
WHEREAS, this Board, after giving due consideration
tJ
I
said petition and to the recommendation of the Planning Com-
mission concerning the merits of said proposed amendment to the
County Zoning Ordinance, being of the opinion that said Zoning
Ordinance should be amended as requested in said petition and as
recommended in the report of the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, at this
meeting of the Board held on the 9th day of April, 1974, that th
County Zoning Ordinance be, and the same is, hereby amended so
as to reclassify the following described property from Residen-
tial R-3 to Business District B-2:
BEGINNING at an iron stake on the northerly right
of way line of Va. Secondary Highway No. 862, 222.83
feet westerly along the northerly right of way line
of Highway No. 862 from the westerly right of way
line of U.S. Highway No. 220, said Beginning Point
being the southwesterly corner of the lot previously
conveyed to Shell Oil Co. by deed recorded in the
Clerk's Office of the Circuit Court of Roanoke County
in Deed Book 793, page 513; thence leaving the high-
way and with said lot, N. 20 deg. 55' W. 220.35 feet
to an old iron stake corner; thence with the westerly
line of the 0.759 acre tract, N. 20 deg. 55' W.
180.66 feet to an iron stake; thence continuing with
said tract, N. 77 deg. 48' E. 29.20 feet to an iron
stake; thence leaving said tract and with the original
I
I""""'CT ". ~~"..
4-9-74
383
I
outside boundary line, N. 11 deg. 34' 20" W. 127.64
feet to an old iron stake; thence S. 77 deg. 21' 20"
W., passing an old iron stake on line at 151.13 feet
in all a total distance of 309.30 feet to an iron
stake; thence S. 15 deg. 35' 35" E. 654.03 feet to an
iron stake on the right of way line of Va. Secondary
Highway No. 862; thence with the same, N. 63 deg. 52'
30" E. 125.00 feet to an iron stake; thence N. 24 deg.
02' 30" W. 10.00 feet to a highway monument; thence
N. 65 deg. 57' 30" E. 44.67 feet to a highway monu-
ment; thence with a line curving to the left, whose
radius is 203.60 feet and whose chord bearing and
distance is N. 50 deg. 10' 30" E. 110.76 feet, an arc
distance of 112.17 feet to an iron stake; thence with
a line curving to the right, whose radius is 262.50
feet and whose chord bearing and distance is N. 39 deg
52' 55" E. 50.23 feet, an arc distance of 50.31 feet
to the point of BEGINNING, containing 4.095 acres, as
shown by plat of survey made by David Dick & Associate
Engineers and Surveyors, dated October 16, 1972, of
record in the Clerk's Office of the Circuit Court of
the County of Roanoke in Deed Book 957 at page 624.
The foregoing resolution was adopted on motion of
Supervisor Seibel, seconded by Supervisor Dodson and the follow-
ing recorded vote:
AYES:
Mr. Dodson, Mr. Flora, Mr. Seibel, Mr. Hilton
NAYS:
None
I
ABSTAINING:
Mr. Beasley
Mr. Jack V. Place, Attorney, appeared on behalf of
the petitioners. There was no opposition.
IN RE:
PETITION OF H. C. WOOD, JR. FOR
REZONING OF LOT 4, MOUNT PLEASANT
HEIGHTS AND THE GRANTING OF A
SPECIAL EXCEPTION
CONTINUED
Supervisor Seibel moved that the public hearing on
the petition of H. C. Wood, Jr. for rezoning of Lot 4, Mount
Pleasant Heights located at 3225 Mount Pleasant Boulevard from
B-2 Non-conforming Use to B-3 and the granting of a special
exception for the operation of a used car lot be continued to
the April 23, 1974 meeting of the Board.
I
The motion was seconded by Supervisor Dodson and
adopted by the following recorded vote:
AYES:
Mr. Beasley, Mr. Dodson, Mr. Flora, Mr. Seibel,
Mr. Hilton
NAYS:
None
Mr. Thomas N. Key, Attorney, appeared on behalf of th
petitioners. There was no opposition.
-----*------ ----"'----L-..-__~~_~'~_.L.....lIL_...... --....._............ lL.. _.~
384
4-9-74
IN RE:
APPLICATION OF MICHAEL W. AND
BARBARA H. ALTIZER FOR A PERMIT
TO PARK A MOBILE HOME ON A 2.5
ACRE TRACT LOCATED DIRECTLY BEHIND
5418 AIRPORT ROAD, N. W.
APPROVED
Supervisor Flora moved that the application of
I
Michael W. and Barbara H. Altizer for a permit to park a mobile
home on a 2.5 acre tract located directly behind 5418 Airport
Road, N.W., adjoining the rear of Kamp-O-Ree Campers, Inc. on
the property of Mrs. L. M. Hairfield be approved subject to the
conditions set forth by the Planning Commission.
The motion was seconded by Supervisor Beasley and
adopted by the following recorded vote:
AYES:
Mr. Beasley, Mr. Dodson, Mr. Flora, Mr. Seibel,
Mr. Hilton
NAYS:
None
The application of Michael W. and Barbara H. Altizer
was presented by Mr. Altizer. No one appeared in opposition.
IN RE:
APPLICATION OF DONALD JAMES WILSON )
FOR A PERMIT TO PARK A MOBILE HOME )
ON A 7.85 ACRE TRACT SITUATE AT THE)
END OF A PRIVATE ROAD OFF TEXAS )
HOLLOW ROAD BETWEEN STATE ROUTES )
913 AND 772 )
I
APPROVED
Supervisor Beasley moved that the application of
Donald James Wilson for a permit to park a mobile home on a
7.85 acre tract situate at the end of a private road turning
north off Texas Hollow Road between State Routes 913 and 772
be approved subject to the conditions set forth by the Planning
Commission.
The motion was seconded by Supervisor Seibel and
adopted by the following recorded vote:
Mr. Hilton
I
AYES:
Mr. Beasley, Mr. Dodson, Mr. Flora, Mr. Seibel,
NAYS:
None
The application of Donald James Wilson was presented
by Mrs. Wilson. No one appeared in opposition.
~
4-9-74
385
IN RE:
ORDINANCE NO. 1043 AMENDING CHAPTER
11, OFFENSES -:MISCELLANEOUS, SECTION
11-2, FIREWORKS - POSSESSION, SALE,
DISCHARGE, ETC., PROHIBITED
WHEREAS, the Board of Supervisors deems certain amend-
I
ments to the Roanoke County Code to be necessary in the best
interests of the health, safety and general welfare of the
citizens of Roanoke County; and
WHEREAS, a Notice of Intention to amend the Roanoke
County Code as proposed, and Public Hearing thereon, have been
advertised and posted in accordance with law;
NOW, THEREFORE, BE IT ORDAINED by the Board of
Supervisors of Roanoke County that the Roanoke County Code be
amended as follows:
Chapter 11, Offenses - Miscellaneous,
Section 11-2, Fireworks - Possession,
Sale, Discharge, etc., Prohibited.
,
j
~
~
~
I
It shall be unlawful for any person to store,
possess, sell, offer to sell, expose for sale or
explode, within the County any firecrackers, tor-
pedoes, skyrockets, Roman candles or other substance
or thing, of whatever form or construction, intended
for, or commonly known as fireworks; provided however
that this section shall not apply in any case wherein
any organization or group of individuals has received
a permit from the Board of Supervisors for any dis-
play of fireworks within the County to be supervised
by a qualified expert and to be conducted in such
manner so as not to be hazardous to property or
endanger any persons or property. Any fireworks that
remain unfired after the display shall be immediately
disposed of in a safe manner. No such permits shall
be transferable.
This amendment to take effect on April 9, 1974.
On motion of Supervisor Beasley, seconded by Super-
visor Flora and adopted by the following recorded vote:
AYES:
Mr. Beasley, Mr. Dodson, Mr. Flora, Mr. Seibel,
Mr. Hilton
I
NAYS:
None
IN RE:
CLOSING OF AN ALLEY BETWEEN BLOCK
3 AND 4, BRAMBLETON COURT
Mr. C. Richard Cranwell, Attorney, appeared before
the Board and requested the Board's consideration regarding the
closing of an alley between Block 3 and 4, Brambleton Court.
.-
386
4-9-74
Supervisor Beasley moved that the County convey and
quit claim any interest it may have in that certain paper alley
adjoining the property of Marvin B. Perfater, Jr. and J. o.
Perfater, known as Lots 21 and 22, Block 3, Brambleton Court.
The motion was seconded by Supervisor Seibel and
adopted by the following recorded vote:
AYES:
Mr. Beasley, Mr. Dodson, Mr. Flora, Mr. Seibel,
Mr. Hilton
NAYS:
None
On the motion of Supervisor Dodson, seconded by
Supervisor Flora and the unanimous voice vote of the Board, the
following petitions were this date received, filed and referred
to the Planning Commission for a recommendation:
a. Petition of Benchmark Properties for rezoning
of approximately .574 acres situate on the
south side of the new Virginia Highway Route
No. 117 (Peters Creek Road) and on the west
side of Secondary Highway No. 628 (Loch Haven
Road) from M-l to B-2 so that an office build-
ing may be constructed thereon.
b. Petition of Friendship Manor Retirement
Community, Inc. for rezoning of a 4.12 acre
tract located approximately 588 feet north of
Hershberger Road adjoining the property of
Fallon Florist, Inc. from R-l to R-3 in order
to construct 2 and 3 story apartment complexes.
c. Petition of Regine N. Archer for rezoning of
approximately .83 acres known and designated
as Tract No. 10 of Glenvar Subdivision, and
more particularly located on the south side
of State Route 646, approximately 120 feet
east of the intersection of Route 646 and
Route 460.
IN RE:
ELECTRONIC SIREN AND PUBLIC ADDRESS
UNITS - SHERIFF'S DEPARTMENT
Supervisor Dodson moved that an order for twelve
electronic sirens and public address units for the Sheriff's
Department be awarded to the Ray O'Herron Company, Inc. in an
amount of $2,559.60.
I
I
I
4-9-74
387
The motion was seconded by Supervisor Bealsey and
adopted by the following recorded vote:
AYES: Mr. Beasley, Mr. Dodson, Mr. Flora, Mr. Seibel,
Mr. Hilton
I
NAYS:
None
IN RE:
ANNEXATION MEETING
Supervisor Seibel moved that the Board of Supervisors
meet with Fitzgerald and Smith, Attorneys for the County, on
Tuesday, April 16, 1974 in Fairfax, Virginia, to discuss pend-
ing annexation.
The motion was seconded by Supervisor Dodson and
adopted by the unanimous voice vote of the Board.
At 1:50 p.m., the Board took a brief recess.
At 2:00 p.m., the Supervisors returned to the Civic
Center and reconvened in open session.
I
IN RE:
COUNTY PAYROLLS
On the motion of Supervisor Flora, seconded by
Supervisor Beasley and the following recorded vote, the County
Payrolls (Semi-monthly 3/29/74) and (Bi-weekly 3/29/74) were
approved for payment in the gross amount of $75,165.83 from
which the sum of $8,914.46 F.I.T., $1,549.12 State Tax,
$4,284.02 F.I.C.A., $930.06 Blue Cross, $1,954.85 VSRS, $263.10
L. I ., $ 60. 75 ACC, $ 2 2 3.50 T. P ., $ 70. 85 A. F ., $ 6 5.63 S. B . ,
$47.17 U.F., $101.07 Misc., are deducted leaving a net payroll
of $56,701.25.
I
NAYS:
Mr. Beasley, Mr. Dodson, Mr. Flora, Mr. Seibel,
Mr. Hilton
None
AYES:
, ... "'~
388
4-9-74
..._.~.---~-,-
,
IN RE:
ACCOUNTS FOR PAYMENT
On the motion of Supervisor Flora, seconded by Super-
visor Beasley and the following recorded vote, the current bills
totaling $72,209.62 and the bills paid since last Board meeting
totaling $16,199.11 were today approved presently and retro-
I
actively.
AYES:
Mr. Beasley, Mr. Dodson, Mr. Flora, Mr. Hilton
NAYS:
None
ABSTAINING:
Mr. Seibel
IN RE:
AMENDMENT TO GENERAL APPROPRIATION
ORDINANCE NO. 1044 - CIVIC CENTER
On motion of Supervisor Flora, seconded by Supervisor
Dodson, the General Appropriation Ordinance of Roanoke County
adopted June 27, 1973, be, and the same is hereby amended as
follows to become effective March 26, 1974
EXPENDITURES
702 - Contribution to Civic Center: An additional
appropriation of $15,000 is hereby made from
the General Operating Fund for the period ending
June 30, 1974 for the function and purpose here-
inabove indicated.
I
3l8h - Salem-Roanoke Valley Civic Center
Adopted by the following recorded vote:
AYES:
Mr. Beasley, Mr. Dodson, Mr. Flora, Mr. Seibel,
Mr. Hilton
NAYS:
None
On the motion of Supervisor Seibel, seconded by
Supervisor Dodson and the unanimous voice vote of the Board,
the Treasurer's monthly report was this date received and filed.
IN RE:
MOBILE HOME PERMITS
Supervisor Dodson moved that the County Engineer and
I
the County Attorney be directed to prepare specific guidelines
regarding mobile homes and further that a notice of intention
be prepared for placing a $5.00 filing fee and a notice of
intention be prepared to have a special decal fee to be issued
annually in the amount of $20.00.
1*'.'
I
I
Ii
- ~.~~-:""' ;"'~~-______.:... -.: ~"'""!";~,"'" p'.c-r;'r ''''It' .' - ,----.,.--......,--:""-...,.....-... "'!lI""--. ',..--~..-- .'V...----.....,....--. T ....... .~~ '." r..
389
4-9-74
The motion was seconded by Supervisor Beasley and
adopted by the following recorded vote:
AYES:
Mr. Beasley, Mr. Dodson, Mr. Flora, Mr. Hilton
NAYS:
None
I
ABSTAINING:
Mr. Seibel
IN RE:
BEAUTY SHOPS IN RESIDENTIAL AREAS
Mr. Raymond R. Robrecht, Attorney, appeared before
the Board concerning a proposed amendment to the County Zoning
Ordinance with regard to special use permits for beauty shops
in residential areas.
Supervisor Dodson moved that the matter of special
use permits for beauty shops in residential areas be referred
to the Planning Commission for its recommendation and report
back to the Board.
The motion was seconded by Supevisor Flora and adopted
I
by the unanimous voice vote of the Board.
IN RE:
COMMITTEE TO STUDY COUNTY
REFUSE COLLECTION
Supervisor Seibel moved that a committee be appointed
to investigate and study the garbage pickup in the County and
that a study be made of the cost and method of financing refuse
collection; and furthermore, until said committee implements a
new plan, the County will revert back to the original system of
garbage pickup.
The motion was seconded by Supervisor Beasley and
adopted by the unanimous voice vote of the Board.
IN RE:
SMOKING AT BOARD MEETINGS
I
Supervisor Seibel moved that smoking be restricted
at Board meetings.
The motion was seconded by Supervisor Dodson and
adopted by the following recorded vote:
AYES:
Mr. Dodson, Mr. Seibel, Mr. Hilton
NAYS:
Mr. Beasley
ABSTAINING:
Mr. Flora
390
4-9-74
-~--!.._._.-
I
I
IN RE:
RESOLUTION NO. 1045 REQUESTING THE
RESIGNATION OF R. E. HILTON, JR.,
AS CHAIRMAN OF THE ROANOKE COUNTY
BOARD OF SUPERVISORS
WHEREAS, Mr. R. E. Hilton, Jr., heretofore elected as
Chairman of the Board of Supervisors of Roanoke County, Virginia~
for the calendar year 1974, has made certain statements concern-
I
ing the future of Roanoke County, which statements do not
represent the views and feelings of all other members of the
Board of Supervisors and of the vast majority of the constituent
of Mr. Hilton and of the other citizens of Roanoke County; and
WHEREAS, for these reasons it is the feeling of the
Board of Supervisors that Mr. Hilton should relinquish the
Chairmanship of said Board, effective immediately.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County that said Board hereby respectful 1
requests Mr. R. E. Hilton, Jr. to relinquish the Chairmanship of
said Board for the remainder of the term for which he was elec-
ted to said position. I
On motion of Supervisor Dodson, seconded by Supervisor
I
Flora and adopted by the following recorded vote:
AYES:
Mr. Beasley, Mr. Dodson, Mr. Flora, Mr. Seibel
NAYS:
None
NOT VOTING:
Mr. Hilton
The Chairman advised that he respectfully declined to
step down as Chairman at this time, but would take the matter
under advisement.
IN RE:
RESOLUTION NO. 1046 REAFFIRMING THE
POSITION OF THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY AGAINST THE ANNEXATION
OF ANY PORTION OF ROANOKE COUNTY
I
WHEREAS, the Chief Justice of the Supreme Court of
Appeals has heretofore designated a new three Judge panel to
sit for the annexation cases heretofore filed by the City of
Roanoke and the City of Salem against the County of Roanoke; and
r" . ~,.
4-9-74
~191
I
WHEREAS, the Board of Supervisors of Roanoke County
is of opinion that the citizens of said County have the right to
select and choose the type of government they desire to live
under and all said citizens have elected to reside in Roanoke
County rather than in any other political jurisdiction for many
various reasons; and
WHEREAS, all studies that have heretofore been con-
ducted and the City's evidence in the previous annexation trial
indicate that annexation will increase the tax burden on the
respective cities with no comparable increase in services to be
rendered to the citizens of said city; and
WHEREAS, for the reasons hereinabove stated, and for
various other reasons, the Board of Supervisors of Roanoke
County desires to reaffirm its position against the annexation
of any portion of Roanoke County by the City of Roanoke or the
City of Salem.
NOW, THEREFORE, BE IT RESOLVED by the Board of Super-
visors of Roanoke County that said Board hereby officially
reaffirms its position against the annexation of any portion of
the County of Roanoke by either the City of Salem or the City
of Roanoke.
BE IT FURTHER RESOLVED that until such time as all of
the facts and figures, and any impact thereof, relating to the
proposed annexation or any proposed consolidation, and while the
annexation case is at its present stage in Court, all matters
pertaining to annexation that are discussed in Executive Session
by the Board of Supervisors shall be kept in strict confidence
by said Board.
On motion of Supervisor Flora, seconded by Supervisor
Dodson and adopted by the following recorded vote:
AYES: Mr. Beasley, Mr. Dodson, Mr. Flora, Mr. Seibel
NAYS: None
ABSTAINING: Mr. Hilton
I
I
~
392
4-9-74
IN RE:
UPPER MASON CREEK WATERSHED
The matter of placing a moratorium on rezonings and
approval of subdivisions in the Upper Mason Creek Watershed was
brought before the Board in the form of a resolution. There was
no motion to adopt the resolution and therefore, the matter died1
I
At 3:20 p.m., on the motion of Supervisor Beasley,
seconded by Supervisor Seibel and the unanimous voice vote of
the members, the Board went into Executive Session to discuss
a matter involving litigation.
At 3:50 p.m., the Supervisors returned to the Civic
Center and on the motion of Supervisor Flora, seconded by
Supervisor Dodson and the unanimous voice vote of the members,
the Board reconvened in open session.
At 3:55 p.m., on the motion of Supervisor Dodson,
seconded by Supervisor Seibel and the unanimous voice vote of
I
the members, the meeting was adjourned.
r---... .........
\ ..)
'. ../'
~A'(<~ ~(; Le:~~~/ /
-- N " t
I