HomeMy WebLinkAbout11/20/2018 - RegularRoanoke County
Board of Supervisors
November 20, 2018
INVOCATION:Executive Pastor Robbie Willard
Fellowship Community Church
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
“Any invocation that may be offered before the official start of the Board meeting
shall be the voluntary offering of a private citizen, to and for the benefit of the
Board. The views or beliefs expressed by the invocation speaker have not been
previously reviewed or approved by the Board and do not necessarily represent
the religious beliefs or views of the Board in part or as a whole. No member of
the community is required to attend or participate in the invocation and such
decision will have no impact on their right to actively participate in the business of
the Board.”
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Roanoke County
Board of Supervisors
Agenda
November 20, 2018
Good afternoon and welcome to our meeting for November 20, 2018. Regular meetings
are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at
7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be
announced. The meetings are broadcast live on RVTV, Channel 3, andwill be
rebroadcast on Friday at 7:00 p.m. and on Sundayat 4:00 p.m. Board of Supervisors
meetings can also be viewed online through Roanoke County’s website at
www.RoanokeCountyVA.gov.Our meetings areclosed-captioned, so it is important for
everyone to speak directly into the microphones at the podium.Individuals who require
assistance or specialarrangements to participate in or attend Board of Supervisors
meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in
advance. Please turn all cell phones off or place on silent.
A.OPENING CEREMONIES
1.Roll Call
B.REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
C.PROCLAMATIONS, RESOLUTIONS, RECOGNITIONSAND AWARDS
D.BRIEFINGS
E.NEW BUSINESS
1.Resolution requesting the Virginia Department of Transportation restrict through
tractor truck and trailer or semi-trailer combinations on Route 628 (Green Ridge
Road and Wood Haven Road) and Route 626 (Thirlane Road) in Roanoke
County(David Holladay, Planning Administrator)
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F.FIRST READING OF ORDINANCES
1.Ordinance authorizing the purchase 1.706 acres of land from the Margaret R.
Hinchee Revocable Living Trust and Lloyd M. Hinchee Revocable Living Trust for
$36,900 located at 1923 Timberview Road and 0 Timberview Road in Roanoke
County(Doug Blount, Director of Parks, Recreation and Tourism)
G.SECOND READING OF ORDINANCES
1.Ordinance authorizing the granting of a public sanitary sewer easement to the
Western Virginia Water Authority on property owned by the Roanoke County
Board of Supervisors located at 20 Verndale Drive, Hollins Magisterial District
(Doug Blount, Director of Parks, Recreation and Tourism)
H.APPOINTMENTS
1.Budget and Fiscal Affairs (BFAC) (appointed by District and At-Large)
2.Economic Development Authority (EDA) (appointed by District)
3.Library Board (appointed by District)
I.CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDAARE CONSIDERED BY
THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION
IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT
ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY
1.Approval of minutes –October 9, 2018
2.Request to accept and allocate grant funds in the amount of $8,399.65 from the
U. S. Department of Justice’s Bulletproof Vest Partnership to the Roanoke
County Sheriff Department
3.Request to accept andallocate funds in the amount of $22,592.31 from the
Commonwealth of Virginia to the Clerk of the Circuit Court
4.Confirmation of appointments to the Blue Ridge Behavioral Healthcare Board;
Roanoke County Library Board; SouthPeak Community Development Authority
5.Request to accept and allocate grant funds in the amount of $24,318.45 from the
U. S. Department of Justice’s Bulletproof Vest Partnership to the Roanoke
County Police Department
6.Request to approve revisions to the Board of Supervisors budgetdevelopment
calendar for fiscal year 2019-2020
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J.CITIZENS' COMMENTS AND COMMUNICATIONS
K.REPORTS
1.Unappropriated, Board Contingency and Capital Reserves
2.Outstanding Debt Report
3.Comparative Statement of Budgeted and Actual Revenues as of October 31,
2018
4.Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of October 31, 2018
5.Accounts Paid –October 31, 2018
6.Statement of Treasurer's Accountability per Investment and Portfolio Policy as of
September 30, 2018
L.WORK SESSIONS
1.Work session to review with the Board of Supervisors County of Roanoke
Information Technology and Public Safety Communications(Bill Hunter, Director
of Communications and Information Technology)
2.Work session to review with the Board of Supervisors the County of Roanoke's
Capital Improvement Program (CIP) including fiscal year 2020 -2029 project
requests(Christopher R. Bever, Director of Management and Budget)
M.CLOSED MEETING,pursuant to the Code of Virginia as follows:
1.Section 2.2-3711.A.1, Personnel, namely discussion concerning an Interim
County Administrator
EVENING SESSION
N.CERTIFICATION RESOLUTION
O.PUBLIC HEARING AND SECOND READING OF ORDINANCES
1.The petition of Richard Atkinson and Kay Atkinson to rezone approximately 6.398
acres from R-1, Low Density Residential, District and AR,
Agricultural/Residential, District to AV, Agricultural/Village Center, District and to
obtain a special use permit for a construction yard, located at 4821 and 4835
Poor Mountain Road, Catawba Magisterial District(PhilipThompson, Acting
Planning Director)
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2.The petition of Horace Obenchain to rezone approximately 82.05 acres from R-1,
Low Density Residential, District to AG-3, Agricultural/Rural Preserve, District,
located at 4191, 4185, and 4165 Barley Drive, Catawba Magisterial District
(Philip Thompson, Acting Director of Planning)
P.CITIZEN COMMENTS ANDCOMMUNICATIONS
Q.REPORTS AND INQUIRIES OF BOARD MEMBERS
1.P. Jason Peters
2.George G. Assaid
3.Phil C. North
4.Joseph P. McNamara
5.Martha B. Hooker
R.ADJOURNMENT
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ACTION NO.
ITEM NO. E.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 20, 2018
AGENDA ITEM: Resolution requesting the Virginia Department of
Transportation restrict through tractor truck and trailer or
semi-trailer combinations on Route 628 (Green Ridge Road
and Wood Haven Road) and Route 626 (Thirlane Road) in
Roanoke County
SUBMITTED BY: Philip Thompson
Acting Director of Planning
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Restriction of through tractor truck and trailer or semi-trailer combinations requires a
public hearing and resolution by the local governing body to the Virginia Department of
Transportation.
On October 23, 2018, the Board of Supervisors held a public hearing for this item. The
public hearing was closed, and discussion continued until November 20, 2018.
BACKGROUND:
On July 24, 2018, the Roanoke County Board of Supervisors held a public hearing to
rezone property on Wood Haven Road on petition of the Western Virginia Regional
Industrial Facility Authority and Lewis Living Trust. Existing and potential new truck
traffic on Wood Haven Road and the surrounding streets was a topic of discussion
during community meetings, Planning Commission public hearing and the Board of
Supervisors public hearing. During the July 24, 2018 meeting, the Board of Supervisors
considered concept plans for various through truck restrictions in the vicinity of the
property. The Board of Supervisors directed County and Virginia Department of
Transportation (VDOT) staff to review the concepts and proceed with the process of
restricting through trucks in the vicinity.
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VDOT staff reviewed the concepts, and have recommended four distinct through truck
restrictions. With respect to the original concept plan, VDOT recommended omitting the
proposed restriction on Route 780 (Cove Road), because that proposed restriction
would prevent any truck from using Cove Road from Electric Road to make deliveries to
the Roanoke County School Administrative Offices, Roanoke County Public Safety
Center, or Glen Cove Elementary School. VDOT staff also recommended splitting the
proposed Route 628 restriction into two parts. This would make the proposed restriction
enforceable, as a truck turning north onto Route 629 (Green Ridge Road) from Route
780 (Cove Road) and traveling to Route 629 (Green Ridge Road and Wood Haven
Road) would not have a business need within either section of the restriction.
DISCUSSION:
A "through truck," as defined in Virginia, is a truck that traverses a roadway on which it
has neither an origin or destination. A truck that has either an origin or destination on a
particular roadway is not considered to be a "Through Truck" when traveling that
roadway. This distinction is important because it allows an otherwise restricted vehicle
to make a pick up or delivery along a restricted route. A common example of this is
when a tractor trailer moving truck traverses restricted routes in a residential area in
order to get to a home.
The process to restrict through trucks on a secondary street requires the local governing
body hold a public hearing and adopt a resolution formally requesting VDOT to place
this restriction on a given section of roadway. Once the public hearing has been held
and the resolution adopted, the request is forwarded to the local VDOT Resident
Administrator for additional review and processing. For Secondary Roadways, Through
Truck Restriction requests are either approved or denied by the VDOT Commissioner.
resolution from the local governing body.
There are several key criteria that VDOT considers prior to approving any proposed
restriction:
1. A reasonable alternative route is provided.
2. Character/frequency of the truck traffic on the route is not compatible with the
affected area.
3. Roadway is residential in nature.
4. Roadway must be functionally classified as either local or collector.
The failure to satisfy both criteria one and two, and either three or four will result in the
request being denied. Local truck traffic, for deliveries or someone who resides on this
route, are not affected by the designation, however, all through trucks would be required
to use an alternate route.
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VDOT staff have recommended four distinct through truck restrictions:
The first through truck restriction is proposed for Route 628 (Green Ridge Road)
beginning at the intersection of Route 780 (Cove Road) and ending at the intersection of
Route 629 (Green Ridge Road), with termini to termini distance equaling approximately
0.78 mile.
The second through truck restriction is proposed for Route 628 (Wood Haven Road)
beginning at the intersection of Route 629 (Green Ridge Road) and ending at the
intersection of Route 1452 (Sequoia Drive), with the termini to termini distance equaling
approximately 0.73 mile.
The third through truck restriction is proposed for Route 626 (Thirlane Road) beginning
at the intersection of Route 117 (Peters Creek Road) and ending at the intersection of
Route 628 (Wood Haven Road), with the termini to termini distance equaling
approximately 0.80 mile.
For the first, second and third restricted routes, the proposed alternate route is Route
780 (Cove Road) beginning at the intersection of Route 628 (Green Ridge Road) and
the intersection of Route 780 (Cove Road), traveling north on Route 780 (Cove Road) to
Route 419 (North Electric Road), then traveling north on Route 419 (North Electric
Road) to I-81 (Exit 141), then traveling north on I-81 to I-581 (Exit 143), then traveling
south on I-581 to Route 117 (Peters Creek Road at Exit 2N), then traveling north on
Route 117 (Peters Creek Road) to Route 1947 (Valleypointe Parkway), then traveling
north on Route 1947 (Valleypointe Parkway) to Route 628 (Wood Haven Road), then
traveling west on Route 628 (Wood Haven Road) and ending at the intersection of
Route 1452 (Sequoia Drive), with the termini to termini distance equaling approximately
5.91 mile. (see attached map)
The fourth through truck restriction is proposed for Route 628 (Wood Haven Road)
beginning at the intersection of Route 1440 (Scarlet Oak Drive) and ending at the
intersection of Route 117 (Peters Creek Road), with the termini to termini distance
equaling approximately 0.60 mile.
For the fourth restricted route, the proposed alternate route is Route 117 (Peters Creek
Road) beginning at the intersection of Route 628 (Wood Haven Road) and the
intersection of Route 117 (Peters Creek Road), then traveling south to Route 1947
(Valleypointe Parkway), then traveling north on Route 1947 (Valleypointe Parkway) to
Route 628 (Wood Haven Road), then traveling east on Route 628 (Wood Haven Road)
and ending at the intersection of Route 1440 (Scarlet Oak Dr.), with the termini to
termini distance equaling approximately 1.77 miles. (see attached map)
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FISCAL IMPACT:
There is no fiscal impact for this item.
All costs related to the restriction and associated signage are the responsibility of
VDOT. Roanoke County Police would enforce the restriction, if approved, as part of its
normal patrol responsibility.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached resolution.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 20, 2018
RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF
TRANSPORTATION RESTRICT THROUGH TRACTOR TRUCK AND
TRAILER OR SEMI-TRAILER COMBINATIONS ON ROUTE 628
(GREEN RIDGE ROAD AND WOOD HAVEN ROAD) AND ROUTE 626
(THIRLANE ROAD) IN ROANOKE COUNTY
WHEREAS, the Roanoke County Board of Supervisors have studied the
possibility of placing a through tractor truck and trailer or semi-trailer combinations
restriction on Route 628 (Green Ridge Road and Wood Haven Road) and Route 626
(Thirlane Road); and
WHEREAS, the first through truck restriction is proposed for Route 628 (Green
Ridge Road) beginning at the intersection of Route 780 (Cove Road) and ending at the
intersection of Route 629 (Green Ridge Road), with termini to termini distance equaling
approximately 0.78 miles; and
WHEREAS, the second through truck restriction is proposed for Route 628
(Wood Haven Road) beginning at the intersection of Route 629 (Green Ridge Road)
and ending at the intersection of Route 1452 (Sequoia Drive), with the termini to termini
distance equaling approximately 0.73 miles; and
WHEREAS, the third through truck restriction is proposed for Route 626 (Thirlane
Road) beginning at the intersection of Route 117 (Peters Creek Road) and ending at the
intersection of Route 628 (Wood Haven Road), with the termini to termini distance
equaling approximately 0.80 miles; and
WHEREAS, for the first, second and third restricted routes, the proposed
alternate route is Route 780 (Cove Road) beginning at the intersection of Route 628
(Green Ridge Road) and the intersection of Route 780 (Cove Road), traveling north on
Route 780 (Cove Road) to Route 419 (North Electric Road), then traveling north on
Route 419 (North Electric Road) to I-81 (Exit 141), then traveling north on I-81 to I-581
(Exit 143), then traveling south on I-581 to Route 117 (Peters Creek Road at Exit 2N),
then traveling north on Route 117 (Peters Creek Road) to Route 1947 (Valleypointe
Parkway), then traveling north on Route 1947 (Valleypointe Parkway) to Route 628
(Wood Haven Road), then traveling west on Route 628 (Wood Haven Road) and ending
at the intersection of Route 1452 (Sequoia Drive), with the termini to termini distance
equaling approximately 5.91 miles; and
WHEREAS, the fourth through truck restriction is proposed for Route 628 (Wood
Haven Road) beginning at the intersection of Route 1440 (Scarlet Oak Drive) and
ending at the intersection of Route 117 (Peters Creek Road), with the termini to termini
distance equaling approximately 0.60 miles; and
WHEREAS, for the fourth restricted route, the proposed alternate route is Route
117 (Peters Creek Road) beginning at the intersection of Route 628 (Wood Haven
Road) and the intersection of Route 117 (Peters Creek Road), then traveling south to
Route 1947 (Valleypointe Parkway), then traveling north on Route 1947 (Valleypointe
Parkway) to Route 628 (Wood Haven Road), then traveling east on Route 628 (Wood
Haven Road) and ending at the intersection of Route 1440 (Scarlet Oak Dr.), with the
termini to termini distance equaling approximately 1.77 miles; and
WHEREAS, the alternate routes have been found to be reasonable; and
WHEREAS, a public hearing was held on October 23, 2018, according to Section
46.2-809 of the Code of Virginia, 1950, as amended.
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NOW, THEREFORE BE IT RESOLVED, that the Roanoke County Board of
Supervisors requests the Virginia Department of Transportation to restrict through
tractor truck and trailer or semi-trailer combinations on three portions of Route 628
(Green Ridge Road and Wood Haven Road), with the termini to termini distance
equaling approximately 0.78, 0.73 and 0.80 miles, and
BE IT FURTHER RESOLVED that the Roanoke County Board of Supervisors
requests the Virginia Department of Transportation to restrict through tractor truck and
trailer or semi-trailer combinations on Route 628 (Wood Haven Road), with the termini
to termini distance equaling approximately 1.77 miles; and
BE IT FURTHER RESOLVED that the County will use its offices for enforcement
of the proposed restriction in Roanoke County.
Page 3 of 3
,
:
ALTERNATE ROUTE
PROPOSED
PROPOSED ALTERNATE ROUTETO BE RESTRICTED (from other study)
PROPOSED RESTRICTION 2: ROUTE 628 (WOOD HAVEN ROAD)
,
ROANOKE COUNTY
PROPOSED THROUGH TRUCK RESTRICTION
and PROPOSED RESTRCTION 3: ROUTE 626 (THIRLANE ROAD):
PROPOSED RESTRICTIONS:
RESTRICTION #1
PROPOSED RESTRICTION 1: ROUTE 628 (GREEN RIDGE ROAD)
PROPOSED PROPOSED RESTRICTION #2PROPOSED RESTRICTION #3
:
ROUTE
ALTERNATE
PROPOSED
PROPOSED ALTERNATE ROUTETO BE RESTRICTED (from other study)
ROANOKE COUNTY
ROUTE 628 (WOOD HAVEN ROAD)
PROPOSED THROUGH TRUCK RESTRICTION
PROPOSED RESTRICTION:
PROPOSED RESTRICTION
ACTION NO.
ITEM NO. F.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 20, 2018
AGENDA ITEM: Ordinance authorizing the purchase 1.706 acres of land from
the Margaret R. Hinchee Revocable Living Trust and Lloyd
M. Hinchee Revocable Living Trust for $36,900 located at
1923 Timberview Road and 0 Timberview Road in Roanoke
County
SUBMITTED BY: Doug Blount
Director of Parks Recreation and Tourism
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Request to purchase 1.706 acres of land from the Margaret R. Hinchee Revocable
Living Trust and Lloyd M. Hinchee Revocable Living Trust to create additional trail
access to Carvins Cove
BACKGROUND:
Hanging Rock Battlefield Trail is a rail-trail project, which incorporates interpretive signs
describing the Civil War Battle at Hanging Rock and the use of the railroad for hauling
coal to Catawba. The Trail, Route #17 in the Greenway Plan, opened in 1999 as one of
the early greenway projects in the Roanoke Valley. The trail is a 1.7 mile-long cinder
surface, and hosts many runners and walkers each day. It runs parallel to Kessler Mill
Road, adjacent to the Roanoke County Public Service Center, under I-81, adjacent to
numerous business and residences. The City of Salem has funding to extend the trail
south to the existing portions of Mason Creek Greenway (Route #23) near GE and
ultimately the trail will connect to the Roanoke River Greenway (Route #31). The
existing Hanging Rock Battlefield Trail will be the direct link to the proposed Hinchee
Trail, providing the greenway connection to this new trail from businesses, residential
and commercial areas.
Carvins Cove Natural Reserve is a 12,463-acre watershed property protecting Carvins
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Cove Reservoir. The reservoir and lands immediately surrounding it, approximately
1,100 acres, are owned and operated by the Western Virginia Water Authority; the
remaining lands above the 1,200-foot contour are owned and managed by the City of
and Blue Ridge Land Conservancy. These easements are on the lands above the
1,200-foot contour and protect the land for watershed, recreation, open space, natural
habitat, biological diversity and forest use. Carvins Cove is a destination outdoor
recreation area. The Hinchee Trail would provide a new connection to Carvins Cove
from the urban area, allowing access without an automobile.
Brushy Mountain Fire Road is an existing, single lane, unsurfaced road with ditches,
running from Timberview Road at Hanging Rock to Happy Valley Trail at the Bennett
Springs gate (Route 740) for Carvins Cove, a distance of over 12 miles. Two miles of
the road are in private ownership designated on property plats in various ways,
management system was installed, all roads were named and the ¼ mile at the bottom
of the road, which serves three houses was named Virginia Deer Road. The road is
gated on each end and near the Hinchee/Carvins Cove line. The portion within Carvins
Cove is open for trail use by bicycles, hikers and equestrians, but the 1.97-mile portion
on private land has always been closed. The road is also an access route for
emergency management for fire and rescue.
The Hinchee family has been in discussions with the Roanoke Valley Greenway
Coordinator and Roanoke County for several years. The heirs of two Hinchee trusts
jointly own over 200 acres. The heir of the Margaret R. Hinchee Revocable Trust has
agreed to donate her share of seven land tracts, called the mountain properties, to
Roanoke County for the greenway and preservation of the mountain. Pathfinders for
Greenways has agreed to purchase property owned by the Lloyd M. Hinchee
Revocable Trust, which includes a half interest in the seven mountain parcels previously
referenced and sole ownership of one parcel (35 acres with frontage on Mason Creek).
The Hinchee mountain properties are wooded and undeveloped; there are remains of
an old cabin, an old orchard and two parking areas. The conservation values include
open space, upland forest, headwaters of streams, recreation access, wildlife habitat
and scenic view sheds. The Hinchee Trail project will provide access to Carvins Cove
lands that currently are relatively difficult to reach because they are ten miles from any
access points. In addition to the mountain properties noted, the heirs of the two Trusts
have agreed to sell the three tracts at the intersection of Timberview and Dutch Oven
Roads for trailhead parking, picnic facilities and trailhead amenities.
The goal of this project is to connect the Roanoke Valley Greenway network to the
12,463-acre Carvins Cove Natural Reserve. This project is in Roanoke County, half a
mile from Exit 141 of I-81 and a mile from the City of Salem. The project would provide
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the opportunity for users to bicycle, walk, or ride horses from the Hanging Rock
Battlefield Trail to Carvins Cove, thus connecting an urban area to a very rural, natural
preserve.
Land acquisition by the County for this project will be accomplished through direct
granting of property, property purchase and donation of land acquired by the
Pathfinders for Greenways as follows:
The Pathfinders for Greenways will purchase the half interest of seven land tracts
owned by Lloyd M. Hinchee Revocable Trust at a value of $141,000. The purchased
land will subsequently be donated to Roanoke County;
The Margaret R. Hinchee Trust will donate to Roanoke County their half interest in
seven tracts of land. The donation value of this land is $141,000;
The Pathfinders for Greenways will purchase a 35.37 acre tract of land from Lloyd M.
Hinchee Revocable Trust at a value of $114,700. The Pathfinders for Greenways will
utilize a Preservation Trust Fund grant in the amount of $46,500 to be used towards the
land purchase. The Pathfinders will in turn donate the acquired land to Roanoke
County.
Roanoke County will purchase 1.7 acres of land from the Margaret R. Hinchee
Revocable Trust and Lloyd M. Hinchee Revocable Trust for the assessed value plus
land acquisition costs.
Roanoke County will purchase greenway easements as necessary from property
owners adjacent to the acquired properties.
The Board of Supervisors approved the appropriation of VLCF grant funds of $69,980
on January 9, 2018, for the acquisition of the Hinchee properties.
DISCUSSION:
Roanoke County is requesting approval to move forward with the purchase of 1923
Timberview Road (Tax ID number 036.10-01-11.00-0000) and 0 Timberview Road (Tax
ID number 036.10-01-11.01-000 totaling 1.706 acres of land through the Virginia Land
Conservation Fund grant. Roanoke County has an agreement with the sellers to
purchase the two parcels for the assessed value of the properties.
Roanoke County has completed a phase 1 environmental study through ECS. The
study was returned with no findings. Roanoke County has completed a boundary survey
through Balzer and Associates and a title exam through Land Records Research. An
appraisal was completed for two parcels by Miller and Long and Associates, Inc. The
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two parcels appraised for $43,000.
Roanoke County will place an open space deed for the property in perpetuity only as
open-space land for recreational purposes as set forth in the Open-Space Land Act,
Virginia Code § 10.1-1700 et seq. This declaration and dedication shall run with the
aforesaid real property and shall be binding upon all parties and entities having any
right, title or interest in the aforesaid real estate or any part thereof, their heirs,
successors, and assigns, and shall inure to the benefit of the Grantees, the
Commonwealth of Virginia, and the Virginia Land Conservation Foundation pursuant to
Virginia Code §§ 10.1-1017 through 10.1-1026.
The two parcels will be used for the operation of a greenway and park. A parking lot,
restroom facility, and site furnishings, such as kiosks, signs, benches and trash
receptacles, may be constructed on the property to provide support to the trail
connection to Carvins Cove.
FISCAL IMPACT:
The Board of Supervisors appropriated $69,980 in VLCF grant funds on January 9,
2018, for the purchase of land, easements and acquisition costs. In addition, Parks,
Recreation and Tourism has contributed $51,380 from the Fee Class Fund for Roanoke
County's grant match.
STAFF RECOMMENDATION:
Staff recommends approval of first reading of the ordinance and scheduling second
reading for December 4, 2018.
Page 4 of 4
Prepared by:
Peter S. Lubeck
Sr. Assistant County Attorney
VSB #71223
Office of the County Attorney
5204 Bernard Drive
Roanoke, VA 24018
Exemption claimed: Grantee is exempted from recordation taxes
and fees pursuant to §58.1-811(A )(3), §58.1-811(C)(4),
Code of Virginia (1950).
Parcel Identification Nos. 036.10-01-11.00-0000 AND 036.10-01-11.01-0000
Property Owners: Lloyd M. Hinchee Revocable Living Trust AND
Margaret R. Hinchee Revocable Living Trust
THIS DEED is entered into this __________ day of _____________ 2018, by and between
the LLOYD M. HINCHEE REVOCABLE LIVING TRUST, by its Trustees Carole H. Reppart
and Annette G.H. Galdun, and the MARGARET R. HINCHEE REVOCABLE LIVING
TRUSTthe
BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision
of the Commonwealth of Virginia
WITNESSETH:
WHEREAS, the Grantors and Grantee entered into a Purchase Agreement dated October
25, 2018, (Purchase , whereby the Grantors agreed to convey to Grantee, and
Grantee agreed to purchase, certain property owned by Grantors, for the operation of a greenway
and park, having Tax Map Numbers 036.10-01-11.00-0000 (1923 Timberview Road) and 036.10-
01-11.01-0000 ,as
Topographic Survey for Roanoke County Parks, Recreation and Tourism,
Timberview Road, Tax Map #036.10-01-11.00-0000 & Tax Map #036.10-01-11.01-0000,
Catawba Magisterial District, Roanoke County, Virginia, surveyed 04-17-18 and prepared by
Balzer & Associates, Inc., revised 07-17-18 and 10-02-18, and sealed by John R. McAden on 10-
Page 1 of 7
2-18 , a copy of which is attached hereto and made a part hereof as Exhibit A, in
Roanoke County, Virginia, upon certain terms and conditions stated in the Purchase Agreement.
WHEREAS, Grantors desire to sell, and Grantee desires to purchase the Property for the
purpose of establishing a public greenway and park. Grantee has received a grant from the
irginia Land Conservation
conservation easements, open spaces and parklands, lands of historic or cultural significance,
farmlands and forests, and natural areas; and
WHEREAS, VLCF and Grantee entered a Grant Program Project Contractual
Agreement, dated 02-01-18, in which Grantee agreed to dedicate the Property to open-space use
CF
Agreemen
NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of THIRTY SIX
THOUSAND AND NINE HUNDRED DOLLARS ($36,900.00), paid by the Grantee to
Grantors, receipt of which is hereby acknowledged, and the above recitals which are incorporated
by reference herein, Grantors do hereby GRANT AND CONVEY to Grantee, its successors, and
assigns, the parcels identified as Tax Map No. 036.10-01-11.00-0000 (1923 Timberview Road)
and Tax Map No. 036.10-01-11.01-0000 (0 Timberview Road), as shown on the Plat.
The conveyance is made subject to the following restrictions:
1. The Property shall be used for the operation of a greenway and park. A parking lot,
restroom facility, and site furnishings, such as kiosks, signs, benches, and trash
receptacles, may be constructed on the Property to provide support to the trail
connection to Carvins Cove.
Page 2 of 7
2. By its execution and recordation of this deed, the Grantee hereby declares that all
of the aforesaid real estate shall be used in perpetuity only as open-space land for
recreational purposes as set forth in the Open-Space Land Act, Virginia Code §
10.1-1700 et seq. This declaration and dedication shall run with the aforesaid real
property and shall be binding upon all parties and entities having any right, title,
or interest in the aforesaid real estate or any part thereof, their heirs, successors,
and assigns, and shall inure to the benefit of the Grantees, the Commonwealth of
Virginia, and the Virginia Land Conservation Foundation pursuant to Virginia
Code §§ 10.1-1017 through 10.1-1026.
3. Fifty percent (50 %) of the funds used to purchase the Property were provided by
Future use and disposition of the Property is subject to (i) VLCF Agreement,
attached hereto as Exhibit B and recorded herewith, and (ii) the 2017 VLCF grant
manual adopted May 24, 2017, which is hereby incorporated by reference. The
Property shall not be diverted from open-space use unless the requirements of
Section 10.1-1704(A) of the Code of Virginia have been met. Should the Property
be diverted or converted from the uses described in this deed or should the interest
created by this deed be extinguished at any time after the date hereof, contrary to
the provisions of Section 10.1-1704(A) of the Code of Virginia, Grantee agrees to
reimburse the VLCF in the amount of 50 % (net after applicable costs) of any
monetary consideration received by the Grantee as a result of that transaction.
The conveyance is made subject to all terms, conditions, and limitations set forth in the
VLCF Agreement, all of which terms, conditions, and limitations are incorporated herein by
reference.
Page 3 of 7
This conveyance is made expressly subject to all recorded conditions, reservations,
easements and restrictions affecting title to the property herein conveyed, together with any matters
that would be shown in the Plat.
SIGNATURE PAGES TO FOLLOW.
Page 4 of 7
WITNESS the following signature and seal:
GRANTOR:
Lloyd M. Hinchee Revocable Living Trust
By _____________________________
Carole H. Reppart, Trustee
STATE OF __________________________________ )
CITY/ COUNTY OF___________________________ ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of _________
2018, by Carol H. Reppart, Trustee for the Lloyd M. Hinchee Revocable Living Trust.
My commission expires: ________________________
______________________________________
Notary Public
Registration No. ________________________
By______________________________
Annette G.H. Galdun, Trustee
STATE OF __________________________________ )
CITY/ COUNTY OF___________________________ ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of _________
2018, by Annette G. H. Galdun, Trustee for the Lloyd M. Hinchee Revocable Living Trust.
My commission expires: ________________________
______________________________________
Notary Public
Registration No. ________________________
GRANTOR:
Margaret R. Hinchee Revocable Living Trust
By___________________________________
Nancy Hinchee Pace, Trustee
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit:
Page 5 of 7
The foregoing instrument was acknowledged before me this _____ day of _________
2018, by Nancy Hinchee Pace, Trustee for the Margaret R. Hinchee Revocable Living Trust.
My commission expires: ________________________
______________________________________
Notary Public
Registration No. ________________________ (SEAL)
THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By:____________________________________
Thomas C. Gates, County Administrator
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANKE ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of _________
2018, by Thomas C. Gates, the County Administrator for the County of Roanoke, Virginia.
.
My commission expires: ________________________
______________________________________
Notary Public
Registration No. ________________________ (SEAL)
Approved as to Form:
___________________________
County Attorney
Page 6 of 7
Exhibit A
Page 7 of 7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 20, 2018
ORDINANCE APPROVING THE PURCHASE OF 1923 TIMBERVIEW
ROAD (TAX MAP NUMBER 036.10-01-11.00-0000) AND 0 TIMBERVIEW
ROAD (TAX MAP NUMBER 036.10-01-11.01-0000) FROM THE
MARGARET R. HINCHEE REVOCABLE LIVING TRUST and LLOYD M.
HINCHEE REVOCABLE LIVING TRUST AND AUTHORIZING THE
EXECUTION OF A CONTRACT OF PURCHASE
WHEREAS, the Margaret R. Hinchee Revocable Living Trust and Lloyd M.
Hinchee Revocable Living Trust jointly own two (2) parcels of real property situated on
Timberview Road, in Roanoke County, Virginia (Catawba Magisterial District), bearing
Official Tax Map Numbers 036.10-01-11.00-0000 (1923 Timberview Road, which
contains 1.349 acres), and 036.10-01-11.01-0000 (0 Timberview Road, which contains
0.357 acre); and
WHEREAS, the Margaret R. Hinchee Revocable Living Trust and Lloyd M.
Hinchee Revocable Living Trust desire to sell these two properties to the County and the
County desires to acquire these properties for the purposes of developing, constructing,
operating and maintaining a public park and greenway system; and
WHEREAS, a purchase agreement has been prepared between the Margaret R.
Hinchee Revocable Living Trust, Lloyd M. Hinchee Revocable Living Trust and the
County, providing for the pu total purchase
price of $36,900 for both of the above-mentioned parcels located on Timberview Road
Road; and
WHEREAS, the County has received a grant from the Virginia Department of
tion (VLCF);
VLCF awards grants to help fund the purchase of permanent conservation easements,
Page 1 of 2
open spaces and parklands, lands of historic or cultural significance, farmlands and
forests, and natural areas; and
WHEREAS, VLCF and Roanoke County entered a Grant Program Project
Contractual Agreement, dated 2-01-18, in which Roanoke County agreed to dedicate the
two parcels to open-space use in exchange
g to acquire the two properties; and
WHEREAS, Section 18.04 of the Roanoke County Charter requires that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading for this ordinance was held on November 20, 2018. The second reading of
this ordinance was held on December 4, 2018.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the purchase of 1923 Timberview Road (Tax Map No. 036.10-01-
11.00-0000; containing 1.349 acres) and 0 Timberview Road (Tax Map No. 036.10-01-
11-01-0000; containing 0.375 acre) from the Margaret R. Hinchee Revocable Living Trust
and the Lloyd M. Hinchee Revocable Living Trust, is hereby approved; and
2. That the County Administrator or any Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of this real
estate, all of which shall be approved as to form by the County Attorney.
Page 2 of 2
ACTION NO.
ITEM NO. G.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 20, 2018
AGENDA ITEM: Ordinance authorizing the granting of a public sanitary sewer
easement to the Western Virginia Water Authority on
property owned by the Roanoke County Board of
Supervisors located at 20 Verndale Drive, Hollins Magisterial
District
SUBMITTED BY: Doug Blount
Director of Parks Recreation and Tourism
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Enact an ordinance authorizing a public sanitary sewer easement at 20 Verndale Drive
in the Hollins Magisterial District
BACKGROUND:
Brookside Park is located at 20 Verndale Drive in the Hollins Magisterial District, tax ID
number 038.07-02-29.00-0000. The park currently has a public sanitary sewer line with
two man holes for access to the sewer line. This particular sewer line has reached its
capacity for the community it serves.
DISCUSSION:
The Western Virginia Water Authority (WVWA) has requested a public sanitary sewer
and a temporary construction easement for 20 Verndale Drive. This will allow WVWA to
install a new parallel sewer line to increase the sanitary sewer system hydraulic
capacity and mitigate wet weather overflows in this area. The project will replace a
failing, undersized sewer line with a new larger line. The total impacted area is 3897
square feet or 0.0895 acres. The 10 foot temporary construction easement will impact
5990 square feet or 0.1375 acres. This project will not have an effect on the use of
Brookside Park. The easement will traverse the passive open space of the park. The
Page 1 of 2
work is scheduled for the December of 2018 through January, 2019.
There have been no changes since the first reading on November 7, 2018.
FISCAL IMPACT:
There is no fiscal impact for the easement.
STAFF RECOMMENDATION:
Staff recommends approval of this ordinance
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY NOVEMBER 20, 2018
ORDINANCE AUTHORIZING CONVEYANCE OF A PUBLIC SANITARY
EASEMENT TO THE WESTERN VIRGINA WATER AUTHORITY ON
PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF
SUPERVISORS LOCATED AT 20 VERNDALE DRIVE, HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, the Western Virginia Water Authority (WVWA) requires a 3,897 square
foot easement for an underground sanitary sewer extension and a ten (10) foot temporary
construction easement within Brookside Park, located at 20 Verndale Drive (Tax Map No.
038.07-02-29.00-0000) in the Hollins Magisterial District; and
WHEREAS, the park currently has a public sanitary sewer line that has reached its
capacity for the community it serves and must be expanded; and
Construction Easement Being Granted by Roanoke County Board of Supervisors to the
Western Virginia Water Authority Situated at 20 Verndale Drive, Hollins Magisterial District,
Thomas Ogle, Jr., on August 22, 2018; and
WHEREAS, the proposed easement will allow WVWA to install a new parallel sewer
line to increase the sanitary sewer system hydraulic capacity and mitigate wet weather
overflows in the area. It will serve the interests of the public and is necessary for the public
health, safety, and welfare of the citizens of Roanoke County; and
WHEREAS, pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by ordinance.
Page 1 of 2
A first reading of this ordinance was held on November 7, 2018, and a second reading and
was held on November 20, 2018.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is
hereby made available for other public uses by conveyance to WVWA for the provision of
sanitary sewer service.
2. That donation to WVWA of a 3,897 square foot variable width easement and
for an underground sanitary sewer extension and
related improvements, within the easement area desig
which is incorporated herein by reference known as Brookside
Park, located at 20 Verndale Drive (Tax Map No. Tax Map No. 038.07-02-29.00-0000) in
the Hollins Magisterial District, is hereby authorized and approved.
3. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on a form approved by the
County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
Page 2 of 2
ACTION NO.
ITEM NO. H.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 20, 2018
AGENDA ITEM: Appointments to Committees, Commissions and Boards
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
All open district appointments
BACKGROUND:
1. Budget and Fiscal Affairs Committee (BFAC) (appointed by District)
The following District appointments remain open:
Cave Spring Magisterial District
Vinton Magisterial District
Budget and Fiscal Affairs Committee (BFAC) (At-Large)
Two open appointments
2. Economic Development Authority (EDA) (appointed by District)
The following four-year term expired on September 26, 2017:
a) Steve Anderson, representing the Cave Spring Magisterial District is
eligible for reappointment
Page 1 of 2
3. Library Board (appointed by District)
Jim Nelson, representing the Cave Spring Magisterial District, will rotate off the
Board as of December 31, 2018. He has reached the limit of the number of terms
he can serve.
George Assaid, has recommended Catherine Case to replace Mr. Nelson to a four-
year term to expire December 31, 2022. Confirmation has been placed on the
Consent Agenda.
The following District appointment remains open:
Vinton Magisterial District
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 20, 2018
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for November 20,
2018, designated as Item I - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 6
inclusive, as follows:
1. Approval of minutes October 9, 2018
2. Request to accept and allocate grant funds in the amount of $8,399.65 from the U.
Sheriff Department
3. Request to accept and allocate funds in the amount of $22,592.31 from the
Commonwealth of Virginia to the Clerk of the Circuit Court
4. Confirmation of appointments to the Blue Ridge Behavioral Healthcare Board;
Roanoke County Library Board; South Peak Community Development Authority
5. Request to accept and allocate grant funds in the amount of $24,318.45 from the U.
S. Departmen
Police Department
6. Request to approve revisions to the Board of Supervisors budget development
calendar for fiscal year 2019-2020
Page 1 of 1
ACTION NO.
ITEM NO. I.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 20, 2018
AGENDA ITEM: Request to accept and allocate grant funds in the amount of
Vest Partnership to the Roanoke County Sheriff Department
SUBMITTED BY: Eric Orange
Sheriff
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Acceptance and allocation of $8,399.65 for the Bulletproof Vest Partnership Grant.
BACKGROUND:
The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership
Grant Act of 1998 is a unique U.S. Department of Justice initiative designed to provide a
critical resource to State and local law enforcement. Since 1999, the BVP program has
awarded more than 13,000 jurisdictions, a total of $430 million in federal funds for the
purchase of over one million vests
DISCUSSION:
The U.S. Department of Justice's Bulletproof Vest Partnership awarded the Roanoke
County Sheriff Department grant funds to assist in the purchase of protective vests for
officers.
FISCAL IMPACT:
The total amount of the grant awarded is $16,799.30, which includes a fifty percent
(50%) match. U. S. Department of Justice grant funds total $8,399.65 and the County
match of $8,399.65 was appropriated by the Board of Supervisors in the fiscal year
2017-2018 Sheriff Department budget. No additional appropriation of County funds is
Page 1 of 2
required.
STAFF RECOMMENDATION:
Staff recommends the acceptance and allocation of grant funds in the amount of
$8,399.65 to the Sheriff Department from the U.S. Department of Justice's Bulletproof
Vest Partnership.
Page 2 of 2
ACTION NO.
ITEM NO. I.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 20, 2018
AGENDA ITEM: Request to accept and allocate funds in the amount of
$22,592.31 from the Commonwealth of Virginia to the Clerk
of the Circuit Court
SUBMITTED BY: Jill Camilletti
Deputy Clerk IV
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Request to accept and allocate funds in the amount of $22,592.31 to the Clerk of the
Circuit Court from the Commonwealth of Virginia
BACKGROUND:
Technology Trust Funds representing fees collected by the Roanoke County Circuit
Court Clerk's Office, have been received from the State in the amount of $22,592.31. In
accordance with State of Virginia Code Section 17.1-279 stated the Circuit Court Clerks
Office shall assess a $5.00 fee called Technology Trust Fund Fee. Each month, the
Clerk's Office can request the fees that were assessed the previous month. The code
section further states that four of every five dollar fee shall be allocated by the
Compensation Board from the trust fund for the purposes of obtaining and updating
office automation and information technology equipment including software and
conversion services; preserving, maintaining and enhancing court records, including but
not limited to the costs of repairs, maintenance, land records, consulting services,
service contracts, redaction of social security numbers from land records and system
replacement or upgrades and improving public access to court records.
DISCUSSION:
The funds received from the Commonwealth of Virginia have been earmarked for
maintenance needs for the Clerk of Circuit Court, specifically towards the twice yearly
Page 1 of 2
maintenance bill from the Supreme Court for maintaining their records, equipment, etc.,
and for adding money to the postal account to aid in postage fees/costs.
FISCAL IMPACT:
All funds are provided by the Commonwealth of Virginia. No County matching funds
are required.
STAFF RECOMMENDATION:
Staff recommends accepting and allocating $22,592.31 to the Clerk of Circuit Court
from the Commonwealth of Virginia.
Page 2 of 2
ACTION NO.
ITEM NO. I.4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 20, 2018
AGENDA ITEM: Confirmation of appointments to the Blue Ridge Behavioral
Healthcare Board; Roanoke County Library Board; South
Peak Community Development Authority
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Confirmation of appointments
BACKGROUND:
Blue Ridge Behavioral Healthcare Board:
Jessica Webb, Roanoke County Representative, three-year term will expire December
31, 2018. The Blue Ridge Behavioral Healthcare Board has recommended that Ms.
Webb serve an additional three-year term to expire December 31, 2021.
Col. Bobby Russell, At-Large Representative, was reappointed to the Board for an
additional three-year term, which expires December 31, 2021 and must be ratified by
the Board of Supervisors.
It is the consensus of the Board of Supervisors to reappoint both Ms. Webb and Col.
Russell.
Roanoke County Library Board:
Jim Nelson, representing the Cave Spring Magisterial District, will rotate off the Board
as of December 31, 2018. He has reached the limit of the number of terms he can
Page 1 of 2
serve. Supervisor Assaid has recommended Catherine Case to replace Mr. Nelson to a
four-year term to expire December 31, 2022.
South Peak Community Development Authority (CDA):
The four-year appointments of Rebecca Owens and Richard Caywood will expired
October 25, 2018. It is the consensus of the Board of Supervisors to reappoint both Ms.
Owens and Mr. Caywood to additional four-year terms that will expire on October 25,
2022.
STAFF RECOMMENDATION:
Staff recommends confirmation of all appointments.
Page 2 of 2
ACTION NO.
ITEM NO. I.5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 20, 2018
AGENDA ITEM: Request to accept and allocate grant funds in the amount of
Bulletproof Vest Partnership to the Roanoke County Police
Department
SUBMITTED BY: Howard B. Hall
Chief of Police
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Acceptance and allocation of $24,318.45 for the Bulletproof Vest Partnership Grant.
BACKGROUND:
The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership
Grant Act of 1998 is a unique U.S. Department of Justice initiative designed to provide a
critical resource to State and local law enforcement. Since 1999, the BVP program has
awarded more than 13,000 jurisdictions, a total of $430 million in federal funds for the
purchase of over one million vests.
DISCUSSION:
The U.S. Department of Justice's Bulletproof Vest Partnership awarded the Roanoke
County Police Department grant funds to assist in the purchase of protective vests for
officers.
FISCAL IMPACT:
The total amount of the grant awarded is $24,318.45, which includes a fifty percent
(50%) match. U. S. Department of Justice grant funds total $12,159.22 and the County
match of $12,159.23 was appropriated by the Board of Supervisors in the fiscal year
Page 1 of 2
2017-2018 Police Department budget. No additional appropriation of County funds is
required.
STAFF RECOMMENDATION:
Staff recommends the acceptance and allocation of grant funds in the amount of
$24,318.45 to the Police Department from the U.S. Department of Justice's Bulletproof
Vest Partnership.
Page 2 of 2
ACTION NO.
ITEM NO. I.6
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 20, 2018
AGENDA ITEM: Request to approve revisions to the Board of Supervisors
budget development calendar for fiscal year 2019-2020
SUBMITTED BY: Christopher R. Bever
Director of Management and Budget
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Approval of revisions to Board of Supervisors budget development calendar for fiscal
year 2019-2020.
BACKGROUND:
On September 11, 2018, the Board of Supervisors approved the fiscal year 2019-2020
budget development calendar. Staff is recommending several revisions to the budget
development calendar. An updated calendar is included as Attachment A.
DISCUSSION:
Staff recommends approval of the following changes to the fiscal year 2019-2020
budget development calendar: adding a work session on December 4, 2018 regarding
the County's Cityworks system; moving the County of Roanoke Transportation
(CORTRAN) presentation from December 4, 2018 to December 18, 2018; and moving
the fiscal year 2017-2018 audit results from December 4, 2018 to December 18, 2018.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of the revisions to the budget
development calendar.
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends approval of the revisions to the fiscal year 2019-2020 budget
development calendar.
Page 2 of 2
ATTACHMENT A
Fiscal Year 2019-2020
Revised Budget Development Calendar
(dates subject to change)
DateBoard ActionsPublic HearingsBriefings/Work Sessions
24-Jul-18
28-Aug-18
11-Sep-18Approval of FY 2019-2020 budget
development calendar (consent
agenda)
25-Sep-18
Work Session: Fiscal Year 2017-2018
Preliminary and Unaudited Year-End
Overview (Finance, Budget)
9-Oct-18
23-Oct-18
7-Nov-18
Work Session: Fire and Rescue
Department Staffing (Fire and Rescue)
20-Nov-18
Work Session: Capital Improvement
Program (CIP) Update (County and
Schools); Capital Projects Status Report
Work Session: Communications /
Information Technology Structural
Meeting Scheduled
Organization (Communications /
Information Technology Departments)
4-Dec-18
Briefing: 2019 Reassessment (Assessor,
Budget)
Work Session: Cityworks System
(Community Development, GIS, &
Information Technology)
18-Dec-18
Briefing: Fiscal Year 2017-2018 Audit
Results (Finance)
Work Session: CORTRAN (Budget,
Parks Recreation, and Tourism, Social
Services)
8-Jan-19
Work Session: County Financial Polices
Review - if necessary (Finance, Budget)
22-Jan-19Approval of updated County
Briefing: County Administrator's
financial policies - if necessary
Proposed FY 2020-2029 Capital
(resolution)
Improvement Program Presentation
Work Session: FY 2018-2019 Mid-Year
Revenue and Expenditure Update; Fiscal
Year 2019-2020 Budget Issues
12-Feb-19
Work Session: FY 2019-2020 Revenue
Outlook; County Fees & Charges
Compendium
Meeting Tentative
26-Feb-19
Work Session: FY 2020-2029 Capital
Improvement Program
12-Mar-19
Briefing: County Administrator's
Proposed FY 2019-2020 Operating
Budget Presentation
11/20/2018
1 of 2
ATTACHMENT A
Fiscal Year 2019-2020
Revised Budget Development Calendar
(dates subject to change)
DateBoard ActionsPublic HearingsBriefings/Work Sessions
26-Mar-19Adoption of 2019 maximum tax Public Hearing: Effective Tax
Work Session: Total Compenstation;
rates (resolution)Rate (if necessary)
Outside Agencies; Revenue Update (if
Public Hearing: Maximum Tax
necessary)
Rate
9-Apr-19Adoption of 2019 tax rates (order)Public Hearing: Tax Rate
Work Session: Departmental Budgets;
Adoption
Other General Fund Budgets
Public Hearing: Operating and
Captial Budgets (first of two)
23-Apr-19
Work Session: Schools, CIP, Debt,
Other/Follow-Up Items
14-May-19First reading of budget ordinances Public Hearing: Operating and
(total of five ordinances)Captial Budgets (two of two)
Approval of School Board budget
(resolution)
Meeting Tentative
28-May-19Second reading of budget ordinances
(total of five ordinances)
Approval of operating and capital
budgets, revenues and expenditures
for County and Schools (resolution)
11-Jun-19
25-Jun-19
11/20/2018
2 of 2
COUNTY OF ROANOKE, VIRGINIA
CHANGES IN OUTSTANDING DEBT
Changes in outstanding debt for the fiscal year to date were as follows:
Unaudited
OutstandingOutstanding
June 30, 2018AdditionsDeletionsNovember 20, 2018
General Obligation Bonds$2,765,175$-$2,765,175
VPSA School Bonds78,883,08227,875,0008,121,85598,636,227
Lease Revenue Bonds81,845,7052,935,00078,910,705
$163,493,962$27,875,000$11,056,855-$180,312,107
Submitted ByRebecca E. Owens
Director of Finance
Approved ByThomas C. Gates
County Administrator
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ACTION NO. _______________
ITEM NO. __________________
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:November 20, 2018
AGENDAITEM:Accounts Paid-October 2018
SUBMITTED BY:Rebecca E. Owens
Director of Finance
APPROVED BY:Thomas C. Gates
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Direct DepositChecksTotal
Payments to Vendors$-$-$12,488,795.38
Payroll10/05/181,345,422.5942,813.751,388,236.34
Payroll10/19/181,475,404.3246,070.331,521,474.65
Manual Checks-3,702.523,702.52
Grand Total$15,402,208.89
A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors.
ACTION NO.___________________
ITEM NUMBER_______________
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER.
MEETING DATE: November 20, 2018
AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of
30-Sep-18
SUMMARY OF INFORMATION:
CASH INVESTMENT:
SUNTRUST CON4,889,669.094,889,669.09
GOVERNMENT:
SCOTT STRINGFELLOW CONTRA(287,678.00)
SCOTT STRINGFELLOW 44,004,617.49
WELLS FARGO10,000,000.00
WELLS FARGO CONTRA(92,800.00)53,624,139.49
LOCAL GOV'T INVESTMENT POOL:
GENERAL OPERATION 10,123,391.5010,123,391.50
MONEY MARKET:
AMERICAN NATIONAL BANK2,034,596.95
BRANCH BANKING & TRUST96,014.24
HOMETRUST BANK11,507.67
SCOTT STRINGFELLOW - JAIL1,128,516.53
SCOTT STRINGFELLOW 15,451,388.73
WELLS FARGO2,068,036.88
BANK OF THE JAMES503,060.6521,293,121.65
TOTAL89,930,321.73
11/20/2018
ACTION NO.
ITEM NO. L.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 20, 2018
AGENDA ITEM: Work session to review with the Board of Supervisors
County of Roanoke Information Technology and Public
Safety Communications
SUBMITTED BY: Bill Hunter
Director of Communications and Technology
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Overview of County of Roanoke Information Technology and Public Safety
Communications operations and initiatives.
BACKGROUND:
In anticipation of further discussion during the fiscal year 2019-2020 budget
development process, staff will provide the Board of Supervisors an overview of County
of Roanoke Information Technology and Public Safety Communications operations.
DISCUSSION:
This work session will provide an overview of operations, projects, future initiatives, and
areas of future investment in the County of Roanoke Information Technology and Public
Safety Communications departments. A Powerpoint presentation will be provided to the
Board of Supervisors at the work session.
FISCAL IMPACT:
There is no fiscal impact associated with the receipt of the attached presentation. Any
decisions regarding Information Technology and Public Safety Communications
budgets will be prioritized as part of the fiscal year 2019-2020 budget development
Page 1 of 2
process.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors receive information regarding County
of Roanoke Information Technology and Public Safety Communications operations and
initiatives.
Page 2 of 2
ACTION NO.
ITEM NO. L.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 20, 2018
AGENDA ITEM: Work session to review with the Board of Supervisors the
County of Roanoke's Capital Improvement Program (CIP)
including fiscal year 2020 - 2029 project requests
SUBMITTED BY: Christopher R. Bever
Director of Management and Budget
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Provide the Board of Supervisors an overview of the County's Capital Improvement
Program (CIP) including fiscal year 2020-2029 project requests.
BACKGROUND:
As part of the County's budget process, the County's ten-year Capital Improvement
Program (CIP) is reviewed annually. This presentation provides an overview of the
upcoming fiscal year 2020-2029 CIP budget development process, along with a review
of recently completed and active capital projects.
DISCUSSION:
A Powerpoint presentation and additional information for discussion and review will be
provided to the Board of Supervisors at the work session. The presentation will provide
information on recently completed and active capital projects, fiscal year 2020-2029
project requests, vehicle and equipment replacement, CIP funding sources, and debt
information. County staff will be working through mid-January to prepare the County
Administrator's Proposed Fiscal Year 2020-2029 CIP for presentation to the Board of
Supervisors on January 22, 2019.
Additional information to be provided to the Board of Supervisors at the meeting
Page 1 of 2
includes a budget and financial status of all active capital projects, and Capital
Maintenance Programs (CMPs) project listings for General Services and Parks,
Recreation and Tourism.
FISCAL IMPACT:
There is no fiscal impact associated with the receipt of the presentation. Any decisions
regarding the Capital Improvement Program will be prioritized and presented as part of
the County Administrator's Proposed Fiscal Year 2020-2029 CIP, with Board of
Supervisors approval of the CIP scheduled for May 28, 2019.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors receive information regarding the
County's Capital Improvement Program.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 20, 2018
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies; and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
Page 1 of 1
ACTION NO.
ITEM NO. O.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 20, 2018
AGENDA ITEM: The petition of Richard Atkinson and Kay Atkinson to rezone
approximately 6.398 acres from R-1, Low Density
Residential, District and AR, Agricultural/Residential, District
to AV, Agricultural/Village Center, District and to obtain a
special use permit for a construction yard, located at 4821
and 4835 Poor Mountain Road, Catawba Magisterial District
SUBMITTED BY: Philip Thompson
Acting Director of Planning
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Agenda item for public hearing and second reading of ordinances to rezone two
properties and obtain a special use permit for a construction yard.
BACKGROUND:
· The applicants own two properties along Poor Mountain Road - 4821 and 4835.
· The property at 4821 Poor Mountain Road is currently being used by the
is excavation and demolition business where he works on
and stores equipment for that business.
· The property at 4835 Poor Mountain Road is included in the application for future
business expansion.
· A construction yard is not a permitted use or special use in the R-1 or AR zoning
districts, but is allowed as a special use in the AV zoning district.
DISCUSSION:
The Planning Commission held a public hearing on this request on November 5, 2018.
One citizen spoke during the public hearing. The concerns raised included screening of
the existing use and the future expansion and the hauling of equipment over the narrow
Page 1 of 2
bridge on Poor Mountain Road.
The Planning Commission discussed the existing use, future expansion, comprehensive
plan compliance, screening, building heights, hours of operation, floodplain, noise and
dust.
The Planning Commission recommends approval of the rezoning and the special use
permit request with one condition:
1. The site shall be developed in general conformance with the Rezoning Site Plan
dated June 12, 2018, and prepared by Pierson Engineering & Surveying except
large evergreen trees shall be planted along the construction yard limits instead of
large deciduous trees.
FISCAL IMPACT:
There is no fiscal impact on this agenda item.
STAFF RECOMMENDATION:
Staff recommends that the Board approve the second reading of the ordinance rezoning
approximately 6.398 acres from R-1 and AR to AV and granting a special use permit for
a construction yard with one condition.
Page 2 of 2
STAFF REPORT
Petitioner: Richard and Kay Atkinson
Request: To rezone approximately 6.396 acres from R-1, Low Density Residential, District
and AR, Agricultural / Residential, District to AV, Agricultural / Village Center,
District and to obtain a special use permit for a construction yard
Location: 4821 and 4835 Poor Mountain Road
Magisterial District: Catawba
Suggested 1. The site shall be developed in general conformance with the Rezoning Site Plan
Conditions: dated June 12, 2018, and prepared by Pierson Engineering & Surveying except
large evergreen trees shall be planted along the construction yard limits instead
of large deciduous trees.
EXECUTIVE SUMMARY:
The Atkinsons are requesting a rezoning from Low Density Residential District (R-1) and Agricultural/Residential
District (AR) to Agricultural/Village Center (AV) and to obtain a special use permit for a construction yard on two
parcels of land totaling approximately 6.396 acres. The properties are located at 4821 and 4835 Poor Mountain
Road. The property at 4821 Poor Mountain Road is being used by the applicants
demolition business where he works on and stores equipment for that business. The property at 4835 Poor
Mountain Road was included in the application for future business expansion.
The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this parcel is Principal Industrial.
Principal Industrial is a future land use area where a variety of industry types are encouraged to locate. A
construction yard is consistent with the Principal Industrial Future Land Use Designation.
1. APPLICABLE REGULATIONS
The Roanoke County Zoning Ordinance defines construction yards as stablishments housing facilities of
businesses primarily engaged in construction activities, including outside storage of materials and
equipment. Typical uses are building contractor's yards.
A construction yard is not a permitted use or special use in the R-1, Low Density Residential, District or AR,
Agricultural/Residential, District. A construction yard is allowed as a special use in the AV,
Agricultural/Village Center, District. The use regulations for the R-1, AR, and AV zoning districts are
attached. Article IV of the Roanoke County Zoning Ordinance also contains use and design standards for a
construction yard (attached).
2. ANALYSIS OF EXISTING CONDITIONS
Background The Atkinson purchased the property at 4821 Poor Mountain Road in 1996. That property
includes an existing residential dwelling approximately 1,400 square feet in size, an existing detached
garage approximately 1,200 square feet in size, and a 4,800 square-foot maintenance building. The
applicants constructed the large maintenance building at the rear of the property to have storage for
equipment they owned. While the structure was properly permitted, the use of the building has evolved over
the years and is also used as the location for their sons excavation and demolition business where he
1
works and stores equipment he uses in that business. Once the applicants were notified that this usage
was in violation of the Countys Zoning Ordinance, they filed an application to rezone the property to AV and
obtain a special use permit for a construction yard.
They purchased the property at 4835 Poor Mountain Road in 2011. That property includes an existing 900
square foot dwelling with an existing 500 square foot detached garage. In 2013, the property at 4835 Poor
Mountain Road was rezoned from R-1 to AR for the purpose of an agriculture use. The applicants have
included this parcel in the rezoning application for the possibility of future expansion.
Topography/Vegetation The properties are flat with little vegetation. They slope gently toward the
Roanoke River across Poor Mountain Road. Some floodway and floodplain (1% change flood 100 year
floodplain) exist along the front portions of the properties. Additional floodplain (0.2% change flood 500
year floodplain) covers significant portions of the properties.
Surrounding Neighborhood The properties are adjoined to the north by residential properties zoned R-1.
To the west, across the railroad tracks are properties located in Valley Tech Park that are zoned I-2. Valley
Proteins is located to the south and is zoned I-2. The properties are bounded to the east by Poor Mountain
Road, small R-1 lots along the Roanoke River, and I-2 vacant land across the Roanoke River. The area is
generally rural in character.
3. ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout According to the concept plan submitted with the application, the proposed construction yard
use would be located on the rear of the properties (approximately 160+ feet from Poor Mountain Road). A
portion (approximately 180 feet) of the existing gravel driveway would be paved. The existing maintenance
building (4,800 square feet) would be used in addition to the existing gravel areas and grassed areas where
equipment, vehicles and materials are currently stored on the property at 4821 Poor Mountain Road.
The adjoining parcel located at 4835 has been included in the petition to allow additional expansion on the
rear portion of this property. Three proposed/future buildings are shown similar to the existing maintenance
building at 4821 Poor Mountain Road. The exact size and configuration would be determined by the
applicants and would require review by the County prior to construction. A row of large deciduous trees is
shown along the construction yard limits.
Agency Comments:
Building Safety: If the garage is going to be used for commercial purposes, then a building code
change of use will be required.
VDOT: VDOT has stated that a land use permit will be required if a new entrance is needed. A low
volume commercial entrance permit appears to be required for this development based on the use.
Access management requirements will not apply unless the use exceeds 50 vehicles per day.
Economic Development: Economic Development offered no objections to the petition.
4.CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVE PLAN
The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this parcel is Principal
Industrial. Principal Industrial is a future land use area where a variety of industry types are encouraged to
locate. Principal Industrial areas are existing and planned regional employment centers and are distributed
2
throughout the county, convenient to major residential areas and suitable highway access. Due to limited
availability, areas designated as Principal Industrial are not appropriate for tax-exempt facilities.
Appropriate land uses include agriculture, small industries and custom manufacturing, mining and
extraction, freestanding industrial uses including storage yards, and industrial parks. A construction yard is
an industrial use type that is consistent with the Principal Industrial Future Land Use Designation of the
Comprehensive Plan.
5.STAFF CONCLUSIONS
The Atkinsons are requesting a rezoning from Low Density Residential District (R-1) and
Agricultural/Residential District (AR) to Agricultural/Village Center (AV) and to obtain a special use permit for
a construction yard on two parcels of land totaling approximately 6.396 acres located on Poor Mountain
Road. The property at 4821 Poor Mountain Road is being used by the applicants
and demolition business where he works on and stores equipment for that business. The property at 4835
Poor Mountain Road was included in the application for future business expansion.
The proposed project is in conformance with the goals and objectives of the Principal Industrial Future Land
Use Designation. Some of the neighboring properties have industrial zoning and uses in place. Staff has
suggested a condition regarding general conformance with the concept plan. The use and design
standards for a construction yard in the AV District suggests that the Board consider possible standards for
screening, maximum height, setbacks, measures to control dust, noise, and hours of operation.
CASE NUMBER: 9-10/2018
PREPARED BY: Philip Thompson
HEARING DATES: PC: 11/5/18 BOS: 11/20/18
ATTACHMENTS: Application Materials
Aerial Photograph
Zoning Map
Future Land Use Map
R-1 Zoning District Regulations
AR Zoning District Regulations
AV Zoning District Regulations
Construction Yard Use & Design Standards
Principal Industrial Future Land Use
Public Comments Received
3
Application for Re-Zoning
Properties:
4821 Poor Mountain Rd, Salem, VA 24153
Tax Map No. 064.02-01-55.00-0000
Zoning: R-1, Low Density Residential District
Overlay District: Floodplain; Roanoke River Conservation; Glenvar Community Plan
Water & Sewer: Western Virginia Water Authority
4835 Poor Mountain Rd, Salem, VA 24153
Tax Map No. 064.02-01-56.00-0000
Zoning: AR (Agricultural/Residential)
Overlay District: Floodplain; Roanoke River Conservation; Glenvar Community Plan
Water & Sewer: Western Virginia Water Authority
Justification for Rezoning
1. Please explain how the request furthers the purposes of the Roanoke County Ordinances
as well as the purpose found at the beginning of the applicable district classification in the
Zoning Ordinance:
Applicants constructed a large garage/warehouse structure at the rear of 4821 Poor
Mountain Road to have storage for equipment they owned. While the structure was
properly permitted, the use for the building has evolved over the years and is also used as
t
stores equipment he uses in that business. Once notified that this usage was in violation of
the County zoning ordinance, they elected to file this rezoning application to AV,
Agricultural Village, with a Special Use Permit for the rear portions of 4821 and 4835
Poor Mountain Road as a construction yard.
Applicants have included their adjoining parcel located at 4835 Poor Mountain Road in
this application with a request to have it also rezoned to AV with a Special Use Permit
because they hope to build as many as three additional buildings similar to the one on
4821 Poor Mountain Road in the future. No specific size, use or configuration has been
decided on and this would be dependent on review and approval by the County of their
application to build when more specific information is available.
Pursuant to Sec. 30-3(A)(7), this request furthers the zoning purpose of encouraging
desirable employment and enlarge the tax
2. Please explain how the project conforms to the general guidelines and policies contained in
the Roanoke County Community Plan:
which balances the needs of future industrial and commercial development with residential
Since the properties are located in a future designated Principal Industrial area, according
to Chapter 6 of the County Plan, industrial and small industries and custom manufacturing
are considered conforming for the area in its future land use. Specifically, this rezoning
request fits several of the so-
EXISTING LAND USE PATTERN Locations where industry has
historically developed;
1
EXISTING ZONING Locations zoned industrial;
ECONOMIC OPPORTUNITY AREAS Locations identified by
2
Roanoke County as an economic opportunity area
EMPLOYMENT CENTERS Locations where labor-intensive industries
exist.
TRANSPORTATION CENTERS Locations within close proximity to
rail, airport and major street systems.
1
In the Glenvar Community Plan, the properties are zoned for future industrial use. Both properties are still zoned
as R-1 and AR, respectively.
2
{ĻĻ Economic Opportunity Area Map West County.
plan specifically dedicated to the Glenvar Area, the properties are enveloped in the future
industrial uses and regional
employment centers and includes the Center for Research and Technology, Valley Tech Park
-based businesses and low
intensity industrial uses are most appropriate for the Principal Industrial designation in the
Since the properties are located near the Roanoke River, they are considered under the
jurisdiction of the floodplain district and its appropriate uses include:
3
low intensity industrial uses and custom manufacturing
Specifically pertaining to Poor Mountain Road, where the properties are situated, it is stated
-sensitive, small manufacturing and low intensity
By complying with the above referenced languages in the community plans, the requested
rezoning to an agricultural/village center should be deemed conforming and appropriate for a
construction yard.
3. Please describe the impact(s) of the request on the property itself, the adjoining properties,
and the surrounding area, as well as the impacts on public services and facilities, including
water/sewer, roads, schools, parks/recreation and fire and rescue:
Transportation: according to the Glenvar Plan, a 6-year Primary Improvement project was
being undertaken on the 2.1-mile segment of the West Main Street (Route 11/460) from
the City of Salem limits to 1/10 of a mile west of Technology Drive. Being within such
close proximity to Route 11/460, the properties enjoy the benefits of the proposed
improvements upon completion of this project in 2013. Given the low intensity of the type
of industrial operation this request is proposing, it is expected that little to no extra burden
3
shall be added to the existing transportation ecosystem. Applicant has no employees and
generally travels to and from the site at the beginning and end of the work day.
Floodplain Overlay Restriction: pursuant to the Roanoke County Ordinances, Sec. 30-28,
an overlay district prescribes special regulations to be applied to a site of combination with
the underlying or base district. According to the Glenvar Plan, in a Floodplain Overlay
use, activity and/or development that adversely affects the
capacity of the channels or floodways or any watercourse, drainage ditch or other drainage
facility or system would be prohibited. Additionally, the lowest floor elevation and any new
residential structure must be at least two feet above the base flood elevation. Given the
nature of the operations, establishing a construction yard on the properties would have
minimal impact on the above stated concerns in an FO District.
Adjacent Properties: since the larger area is projected to be classified as a Principal
Industrial area, when under compliance with statutorily prescribed dust and noise levels,
regular operations of the construction yard would not be adversely affecting its immediate
neighborhood.
R-1 District Regulations
SEC. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT.
Sec. 30-41-1. Purpose.
(A) The R-1, low density residential district is established for areas of the county within the
urban service area with existing low-middle density residential development, with an
average density of from one (1) to three (3) units per acre, and land which appears
appropriate for such development. These areas are generally consistent with the
neighborhood conservation land use category as recommended in the comprehensive
plan. In addition, where surrounding development and the level of public services
warrant, these areas coincide with the development category recommended in the plan.
This district is intended to provide the highest degree of protection from potentially
incompatible uses and residential development of a significantly different density, size, or
scale, in order to maintain the health, safety, appearance and overall quality of life of
existing and future neighborhoods. In addition to single-family residences, only uses of a
community nature which are generally deemed compatible are permitted in this district.
This would include parks and playgrounds, schools and other similar neighborhood
activities.
(Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08)
Sec. 30-41-2. Permitted uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more
stringent standards as listed in article IV, use and design standards, for those specific
uses.
1. Agricultural and Forestry Uses
Stable, Private *
2. Residential Uses
Accessory Apartment *
Home Beauty/Barber Salon *
Home Occupation, Type I *
Manufactured Home *
Manufactured Home, Emergency *
Multiple Dog Permit *
1
R-1 District Regulations
Residential Human Care Facility
Single Family Dwelling, Attached *
Single Family Dwelling, Attached (Cluster Subdivision Option) *
Single Family Dwelling, Detached
Single Family Dwelling, Detached (Cluster Subdivision Option) *
Single Family Dwelling, Detached (Zero Lot Line Option) *
3. Civic Uses
Community Recreation *
Family Day Care Home *
Park and Ride Facility *
Public Parks and Recreational Areas *
Utility Services, Minor
4. Commercial Uses
Bed and Breakfast *
5. Miscellaneous Uses
Amateur Radio Tower *
Wind Energy System, Small *
(B) The following uses are allowed only by special use permit pursuant to section 30-19. An
asterisk (*) indicates additional, modified or more stringent standards as listed in article
IV, use and design standards, for those specific uses.
1. Residential Uses
Alternative Discharging Sewage System *
2. Civic Uses
Cemetery *
2
R-1 District Regulations
Crisis Center
Day Care Center *
Educational Facilities, Primary/Secondary *
Religious Assembly *
Utility Services, Major *
3. Commercial Uses
Golf Course *
4. Miscellaneous Uses
Outdoor Gatherings *
(Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, §§ 3, 8, 6-22-93; Ord. No. 82493-8, § 2,
8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, §
II, 4-25-00; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No.
052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11, Ord.
No. 111213-15, § 1, 11-12-13)
Sec. 30-41-3. Site Development Regulations.
General Standards. For additional, modified, or more stringent standards for specific uses, see
Article IV, Use and Design Standards.
(A) Minimum lot requirements.
1. All lots served by private well and sewage disposal systems:
a. Area: 0.75 acre (32,670 square feet).
b. Frontage: 90 feet on a publicly owned and maintained street.
2. Lots served by either public sewer or water:
a. Area: 20,000 square feet.
b. Frontage: 75 feet on a publicly owned and maintained street.
3. All lots served by both public sewer and water:
a. Area: 7,200 square feet.
3
R-1 District Regulations
b. Frontage: 60 feet on a publicly owned and maintained street.
(B) Minimum setback requirements.
1. Front yard:
a. Principal structures: 30 feet.
b. Accessory structures: Behind the front building line.
2. Side yard:
a. Principal structures: 10 feet.
b. Accessory structures: 10 feet behind front building line or 3 feet behind
rear building line.
3. Rear yard:
a. Principal structures: 25 feet.
b. Accessory structures: 3 feet.
4. Where a lot fronts on more than one street, front yard setbacks shall apply to all
streets.
(C) Maximum height of structures.
1. Height limitations:
a. Principal structures: 45 feet.
b. Accessory structures: 15 feet, or 25 feet provided they comply with the
setback requirements for principal structures.
(D) Maximum coverage.
1. Building coverage: 35 percent of the total lot area for all buildings and 7 percent
for accessory buildings.
2. Lot coverage: 50 percent of the total lot area.
(Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1,
4-22-08, Ord. No. 111213-15, § 1, 11-12-13)
4
AR District Regulations
SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT.
Sec. 30-34-1. Purpose.
(A) These areas are generally characterized by very low density residential and institutional
uses mixed with smaller parcels that have historically contained agricultural uses, forest
land and open space outside the urban service area. These areas provide an opportunity
for rural living in convenient proximity to urban services and employment. Agricultural
uses should be encouraged to be maintained. Over time, however, these areas are
expected to become increasingly residential in character, with residential development
becoming the dominant use over agricultural and more rural type uses. The purpose of
this district, consistent with the Rural Village land use category in the comprehensive
plan, is to maintain these areas essentially in their rural state, consistent with the level of
services anticipated by the county. These areas are generally suitable for low density
residential development and other compatible land uses.
(Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-
22-08)
Sec. 30-34-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more
stringent standards as listed in article IV, use and design standards, for those specific
uses.
1. Agricultural and Forestry Uses
Agriculture *
Forestry Operations *
Stable, Commercial *
Stable, Private *
Wayside Stand *
2. Residential Uses
Accessory Apartment *
Home Beauty/Barber Salon *
Home Occupation, Type II *
1
AR District Regulations
Manufactured Home *
Manufactured Home, Emergency *
Multiple Dog Permit *
Residential Human Care Facility
Single Family Dwelling, Detached
Single Family Dwelling, Detached (Zero Lot Line Option) *
3. Civic Uses
Community Recreation *
Family Day Care Home *
Park and Ride Facility *
Public Parks and Recreational Areas *
Religious Assembly *
Utility Services, Minor
4. Commercial Uses
Bed and Breakfast *
Veterinary Hospital/Clinic
5. Miscellaneous Uses
Amateur Radio Tower *
Wind Energy System, Small *
(B) The following uses are allowed only by special use permit pursuant to section 30-19. An
asterisk (*) indicates additional, modified or more stringent standards as listed in article
IV, use and design standards, for those specific uses.
1. Residential Uses
Alternative Discharging Sewage Systems *
2
AR District Regulations
2. Civic Uses
Camps *
Cemetery *
Crisis Center
Day Care Center *
Educational Facilities, Primary/Secondary *
Safety Services *
Utility Services, Major *
3. Commercial Uses
Antique Shops *
Golf Course *
Kennel, Commercial *
Studio, Fine Arts
4. Industrial Uses
Custom Manufacturing *
Resource Extraction *
5. Miscellaneous Uses
Broadcasting Tower *
Outdoor Gatherings *
(Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 42694-12, § 7, 4-
26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1,
7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-
1, § 1, 3-8-11, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16)
Sec. 30-34-3. Site Development Regulations.
3
AR District Regulations
General Standards. For additional, modified, or more stringent standards for specific uses, see
Article IV, Use and Design Standards.
(A) Minimum lot requirements
1. Lots served by private well and sewage disposal system:
a. Area: 1 acre (43,560 square feet)
b. Frontage: 110 feet on a publicly owned and maintained street.
2. Lots served by either public sewer or water:
a. Area: 30,000 square feet
b. Frontage: 100 feet on a publicly owned and maintained street.
3. Lots served by both public sewer and water:
a. Area: 25,000 square feet
b. Frontage: 90 feet on a publicly owned and maintained street.
(B) Minimum setback requirements.
1. Front yard:
a. Principal structures: 30 feet.
b. Accessory structures: Behind the front building line.
2. Side yard:
a. Principal structures: 15 feet
b. Accessory structures: 15 feet behind front building line or 10 feet behind
rear building line.
3. Rear yard:
a. Principal structures: 25 feet
b. Accessory structures: 10 feet
4. Where a lot fronts on more than one street, front yard setbacks shall apply to all
streets.
4
AR District Regulations
5. Where the principal structure is more than 150 feet from the street, accessory
buildings may be located 150 feet from the street and 20 feet from any side
property line.
(C) Maximum height of structures.
1. All structures: 45 feet
(D) Maximum coverage.
1. Building coverage: 25 percent of the total lot area.
2. Lot coverage: 50 percent of the total lot area.
(Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13)
5
AV District Regulations
SEC. 30-36. AV AGRICULTURAL/VILLAGE CENTER DISTRICT.
Sec. 30-36-1. Purpose.
(A) The purpose of the AV, agricultural/village center district is to establish areas which will
serve as the focal point for cultural and commercial activity of the rural service areas of
the county, as envisioned in the comprehensive plan land use category of the same name.
The density recommended for these areas is intended to average between one (1) and
three (3) units per acre. Small country stores, family restaurants, and similar small service
and personal service businesses, in addition to public and institutional buildings such as
schools, post offices and places of religious assembly, are commonly found at these
crossroad locations. These areas bring a sense of community to the surrounding rural
areas, with an emphasis on providing the essential goods and services to rural residents,
but are not intended as employment destinations for urban residents. New development
should therefore be carefully considered for its compatibility with the surrounding
development and the purpose and intent of this district. Any expansion of these areas
should be contiguous to existing village center areas to avoid leap-frog commercial
development. Similarly additional development may warrant additional public services,
such as community sewer and water systems.
(Ord. No. 042799-11, §§ 1f., 2, 4-27-99; Ord. No. 042208-16, § 1, 4-22-08)
Sec. 30-36-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more
stringent standards as listed in article IV, use and design standards, for those specific
uses.
1. Agricultural and Forestry Uses
Agriculture *
Stable, Private *
Wayside Stand *
2. Residential Uses
Accessory Apartment *
Home Beauty/Barber Salon *
Home Occupation, Type II *
Manufactured Home *
1
AV District Regulations
Manufactured Home, Emergency *
Multiple Dog Permit *
Residential Human Care Facility
Single-Family Dwelling, Attached *
Single-Family Dwelling, Detached
Two-Family Dwelling *
3. Civic Uses
Administrative Services
Clubs *
Community Recreation *
Cultural Services
Day Care Center *
Educational Facilities, Primary/Secondary *
Family Day Care Home *
Park and Ride Facility *
Post Office
Public Parks and Recreational Areas *
Religious Assembly *
Safety Services *
Utility Services, Minor
4. Office Uses
Financial Institutions *
General Office *
2
AV District Regulations
Medical Office *
5. Commercial Uses
Agricultural Services *
Antique Shops *
Bed and Breakfast *
Consumer Repair Services
Personal Improvement Services
Personal Services
Restaurant, General *
Studio, Fine Arts
Veterinary Hospital/Clinic
6. Miscellaneous Uses
Amateur Radio Tower *
Wind Energy System, Small*
(B) The following uses are allowed only by special use permit pursuant to section 30-19. An
asterisk (*) indicates additional, modified or more stringent standards as listed in article
IV, use and design standards, for those specific uses.
1. Agricultural and Forestry Uses
Stable, Commercial *
2. Residential Uses
Alternative Discharging Sewage Systems *
Multi-family Dwelling *
Townhouse *
3. Civic Uses
3
AV District Regulations
Adult Care Residences
Cemetery *
Crisis Center
Halfway House
Life Care Facility
Nursing Home
Utility Services, Major *
4. Commercial Uses
Automobile Repair Services, Minor *
Automobile Parts/Supply, Retail *
Bed and Breakfast Inn *
Boarding House
Business Support Services
Commercial Outdoor Sports and Recreation
Construction Sales and Services *
Convenience Store *
Country Inn *
Equipment Sales and Rental *
Fuel Center*
Funeral Services
Garden Center *
Gasoline Station *
Kennel, Commercial *
4
AV District Regulations
Mini-warehouse *
Restaurant, Drive-in or Fast Food *
Retail Sales *
Special Events Facility *
5. Industrial Uses
Construction Yards *
Custom Manufacturing *
Recycling Centers and Stations *
6. Miscellaneous Uses
Outdoor Gatherings *
(Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95;
Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-
22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, §
1, 5-24-11, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16)
Sec. 30-36-3. Site Development Regulations.
General Standards. For additional, modified, or more stringent standards for specific uses, see
Article IV, Use and Design Standards.
(A) Minimum lot requirements.
1. Lots served by private well and sewage disposal system;
a. Area: 25,000 square feet
b. Frontage: 85 feet on a publicly owned and maintained street.
2. Lots served by either public sewer or water:
a. Area: 20,000 square feet
b. Frontage: 75 feet on a publicly owned and maintained street.
3. Lots served by both public sewer and water:
5
AV District Regulations
a. Area: 15,000 square feet
b. Frontage: 60 feet on a publicly owned and maintained street.
(B) Minimum setback requirements.
1. Front yard:
a. Principal structures: 30 feet.
b. Accessory structures: Behind the front building line.
2. Side yard:
a. Principal structures: 10 feet
b. Accessory structures: 10 feet behind front building line or 3 feet behind
rear building line.
3. Rear yard:
a. Principal structures: 25 feet
b. Accessory structures: 3 feet
4. Where a lot fronts on more than one street, front yard setbacks shall apply to all
streets.
(C) Maximum height of structures.
1. All structures: 45 feet
(D) Maximum coverage.
1. Building coverage: 35 percent of the total lot area.
2. Lot coverage: 75 percent of the total lot area.
(Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13)
6
Use & Design Standards Industrial Uses
Sec. 30-86-2. Construction Yards.
(A) In the I-2 district, all materials stored on the premises overnight shall be placed in a
storage yard. The storage yard shall be fully screened from surrounding views in
accordance with Section 30-92, and shall be set back at least one hundred (100) feet from
any adjoining residential district.
(B) In the AV district, the following standards shall apply:
1. The maintenance and repair of all vehicles and equipment shall be conducted
within an enclosed building.
2. In considering a special use permit request for a construction yard, in addition to
the above standards and the general standards contained in Section 30-19 of this
ordinance, the board may consider and set standards for the following:
a. The provisions for screening of any vehicles, equipment, materials and
storage yard, and screening and buffering, in accordance with Section 30-
91, of the entire construction yard.
b. The maximum height of any structure and any additional setback
requirements necessary to compensate for any increased height.
c. Specific measures to control dust on the site.
d. Specific levels of noise permitted on the site, as measured at adjacent
property lines.
e. Limit the hours of operation.
1
Principal Industrial: A future land use area where a variety of industry types are
encouraged to locate. Principal Industrial areas are existing and planned regional
employment centers and are distributed throughout the county, convenient to major
residential areas and suitable highway access. Due to limited availability, areas
designated as Principal Industrial are not appropriate for tax-exempt facilities.
Land Use Types: Agricultural - Industries which involve the manufacturing, storage,
marketing and wholesaling of agricultural products. These
industries may also be located outside of the Principal Industrial
areas, within the rural designations, where agricultural skills may
be found.
Small Industries and Custom Manufacturing - These industries
typically serve a local market and may involve the on-site
production of goods by hand manufacturing.
Mining and Extraction - These facilities locate according to the
availability of natural resources.
Industrial - Conventional freestanding industrial uses, warehouses,
wholesalers, storage yards.
Industrial Parks - Large tracts of land that are subdivided,
developed and designed according to a unified plan. These parks
are employment centers and may include mixed land uses
including supporting retail services. These types of industries are
encouraged to develop in Principal Industrial areas. Planned
industrial parks should incorporate greenways, bike and pedestrian
paths into their designs and link these features to surrounding
neighborhoods where appropriate.
Land Use Determinants: EXISTING LAND USE PATTERN - Locations where
industry has historically developed.
EXISTING ZONING - Locations zoned industrial.
ECONOMIC OPPORTUNITY AREAS - Locations
identified by Roanoke County as an economic opportunity
area.
EMPLOYMENT CENTERS - Locations where labor-
intensive industries exist.
TOPOGRAPHY - Locations that can be developed in an
environmentally sensitive manner and that are outside of
the designated floodplain.
RESOURCE PROTECTION - Locations that can be
developed in such a way as not to threaten valuable natural
resources.
WATER AND SEWER SERVICE AND SUPPLY -
Locations where water and sewer service exist or can be
provided in the near future.
ACCESS - Locations served by an adequate public street
system that does not direct traffic through existing
residential neighborhoods.
TRANSPORTATION CENTERS - Locations within close
proximity to rail, airport and major street systems.
URBAN SECTOR - Locations served by, or in close
proximity to urban services.
Philip Thompson - Re: \[EXTERNAL\] - Proposed rezoning on Poor Mountain Road
From:Brian Hughes
To:Susan Kirby
Date:11/1/2018 4:11 PM
Subject:Re: \[EXTERNAL\] - Proposed rezoning on Poor Mountain Road
Cc:Philip Thompson
Good Afternoon,
If approved by the Board of Supervisors, the land use request would allow the parcel owners to properly
operate a Construction Yard zoning use on the property.Obtaining the sought land use decision on this
parcel, while allowing a legal Construction yard, would require the property owners meet Use and Design
standards, one of whichdictates the applicants screenconstruction related materials from other
properties.As of now, the public hearing isstill scheduled for the dateyou mention. Please let us know if
you have other questions.
Brian Hughes
Planner I
Roanoke County Community Development
540-772-2140
>>> "Kirby, Susan" <skirby@RADFORD.EDU> 10/31/2018 4:12 PM >>>
Mr. Hughes,
Because my husband and I reside at 5200 Poor Mountain Road, we have some questions about the request
for rezoning in the 4000 block of Poor Mountain Road.
First, does the business currently located near the railroad tracks (with its derelict construction equipment
and weedy, overgrown "berm" of soil) fit within the current zoning of that property?
It has been unsightly from the beginning, and there has been no attempt to improve its appearance. There
appears to be no ongoing work being done there. It seems to be simply a place to park rusty, unlicensed
equipment. We have never seen anyone working there nor any vehicles driving in or out. Quite simply, the
property appears to be a junkyard.
Secondly, what is the purpose of the rezoning request? Is it being done to expand the current business's
area and to allow for more junked vehicles and equipment to be left there? If so, is the business making the
request being held to the zoning and screening requirements that I would assume a junkyard must meet?
We would appreciate your clarifications in answering our questions before the November 5th meeting. We
do plan to attend the meeting.
Thank you.
Susan and Joe Kirby
5200 Poor Mountain Road
Salem, VA 24153
540-380-2660
**********************************************************************
*
WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links
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*
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 20, 2018
ORDINANCE REZONING APPROXIMATELY 6.398 ACRES FROM R-1
(LOW DENSITY RESIDENTIAL) DISTRICT AND AR (AGRICULTURAL/
RESIDENTIAL) DISTRICT TO AN AV (AGRICULTURAL VILLAGE)
DISTRICT; AND TO OBTAIN A SPECIAL USE PERMIT FOR A
CONSTRUCTION YARD; LOCATED AT 4821 POOR MOUNTAIN ROAD
(TAX MAP NO. 064.02-01-56.00-0000), 4835 POOR MOUNTAIN ROAD
(TAX MAP NO. 064.02-01-55.00-0000), CATAWBA MAGISTERIAL
DISTRICT
WHEREAS, Richard and Kay Atkinson, have petitioned to:
1) Rezone an approximately 2.33 acre parcel from R1 (low density residential)
district to AV (agricultural/ village center) district, located at 4821 Poor Mountain
Road (Tax Map No. 064.02-01-56.00-0000); and
2) Rezone an approximately 4.068 acre parcel from AR (agricultural/ residential)
district to AV (agricultural/ village center) district, located at 4835 Poor Mountain
Road (Tax Map No. 064.02-01-55.00-0000); and
3) Obtain a special use permit for the operation of a construction yard located
at 4821 and 4835 Poor Mountain Road; and
WHEREAS, the first reading of this ordinance was held on October 23, 2018, and
the second reading and public hearing were held on November 20, 2018; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on November 5, 2018; and
WHEREAS, the Planning Commission recommends approval of the petition; and
WHEREAS, legal notice and advertisement has been provided as required by law.
Page 1 of 3
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The petition of Richard and Kay Atkinson to A) rezone an approximately 2.33 acre
parcel from R1 (low density residential) district to AV (agricultural/ village center)
district, located at 4821 Poor Mountain Road (Tax Map No. 064.02-01-56.00-
0000); and B) rezone an approximately 4.068 acre parcel from AR (agricultural/
residential) district to AV (agricultural/ village center) district, located at 4835 Poor
Mountain Road (Tax Map No. 064.02-01-55.00-0000) is hereby approved.
2. The Board finds that the proposed rezoning is consistent with the purpose and
and good zoning practice, and will not
be a substantial detriment to the community.
3. The petition of Richard and Kay Atkinson to obtain a special use permit for the
operation of a construction yard located at 4821 and 4835 Poor Mountain Road; is
here by approved with the following condition:
a. The site shall be developed in general conformance with the Rezoning Site
Plan dated June 12, 2018, and prepared by Pierson Engineering &
Surveying except large evergreen trees shall be planted along the
construction yard limits instead of large deciduous trees.
4. The Board further finds that the granting of the special use permit meets with the
requirements of Section 30-19-1 of the Roanoke County Code. The proposed use
conforms with the standards set forth in article IV, use and design standards, and
further conforms with the following general standards:
Page 2 of 3
a. The proposed use is in conformance with the comprehensive plan of the
County, and with official County policies adopted in relation thereto,
including the stated purposes of the zoning ordinance.
b. The proposed use will have a minimum adverse impact on the surrounding
neighborhood and community; the Planning Commission has evaluated
adverse use with consideration to items such as, but not limited to, traffic
congestion, noise, lights, dust, drainage, water quality, odor, fumes and
vibrations.
c. In considering impacts, the Planning Commission has given due regard to
the timing of the operation, site design, access, screening, and other
matters which might be regulated to mitigate adverse impact.
5. This ordinance shall be in full force and effect thirty (30) days after its final passage.
The Zoning Administrator is directed to amend the zoning district map to reflect the
change in zoning classification authorized by this ordinance.
Page 3 of 3
ACTION NO.
ITEM NO. O.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 20, 2018
AGENDA ITEM: The petition of Horace Obenchain to rezone approximately
82.05 acres from R-1, Low Density Residential, District to
AG-3, Agricultural/Rural Preserve, District, located at 4191,
4185, and 4165 Barley Drive, Catawba Magisterial District
SUBMITTED BY: Philip Thompson
Acting Director of Planning
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Agenda item for public hearing and second reading of ordinances to rezone three
properties from residential to agricultural.
BACKGROUND:
· Applicant is seeking to rezone his property for agricultural purposes.
· Agriculture is not a permitted use in the R-1, Low Density Residential District, but is
a permitted use in the AG-3, Agricultural/Rural Preserve District.
· Prior to the Comprehensive Rezoning in 1992, these properties were zoned for
agriculture use.
DISCUSSION:
The Planning Commission held a public hearing on this request on October 2, 2018.
Eight citizens spoke during the public hearing regarding their concerns on these
properties. Their concerns included subdivision covenants restricting agricultural use,
illegal grading, stormwater and erosion and sediment control issues, impact that dump
trucks and equipment are having on the existing private roads, dust, noise, and safety.
The Planning Commission discussed the use of the property, the existing land
disturbing violation, road maintenance agreement, permitted uses, condition of the road,
Page 1 of 2
noise ordinance, the comprehensive rezoning in 1992, the property being used as a
borrow site for the Blue Ridge Beverage expansion, and Erosion and Sediment Control
plans. The Planning Commission wanted additional information regarding the
covenants, road maintenance, and the status of Erosion and Sediment Control plans.
The Planning Commission postponed action on this item until its meeting on November
5, 2018.
At the November 5, 2018, meeting, staff updated the Planning Commission on the
following:
· Part of the Obenchain property (4165 Barley Drive) was used as a borrow pit for
the nearby Blue Ridge Beverage Warehouse Expansion. This project was
reviewed, permitted, and inspected by Roanoke County Department of
Community Development.
· Regarding the land disturbing violation/stop work order, Mr. Obenchain has
procured an engineer who has developed a preliminary plan, met with County
staff, and was finalizing the necessary Erosion and Sediment Control Plans.
· The original covenants recorded in 1983 contain a road maintenance agreement
that is a shared responsibility of the homeowners. The supplemental covenants
recorded in 1993 which only allows residential use on the properties only applies
supplemental covenants.
The Planning Commission recommends approval to rezone approximately 82.05 acres
from R-1, Low Density Residential District, to AG-3, Agricultural/Rural Preserve District.
FISCAL IMPACT:
There is no fiscal impact on this agenda item.
STAFF RECOMMENDATION:
Staff recommends that the Board approve the second reading of the ordinance rezoning
three properties from R-1 to AG-3.
Page 2 of 2
ROANOKE COUNTY
COMMUNITY DEVELOPMENT
5204 Bernard Drive, Second Floor, P.O. Box 29800
Roanoke, Virginia 24018-0798
TEL: (540) 772-2080
Tarek Moneir, BUILDING PERMITS/INSPECTIONS
FAX: (540) 776-7155
ACTING DIRECTOR OF DEVELOPMENT SERVICES
DEVELOPMENT REVIEW
ENGINEERING
Philip Thompson,
ENVIRONMENTAL MANAGEMENT
ACTING DIRECTOR OF PLANNING
PLANNING & ZONING
TRANSPORTATION
aĻƒƚƩğƓķǒƒ
TO: Planning Commission
FROM: Philip Thompson, AICP
Acting Director of Planning
DATE: November 1, 2018
SUBJECT: IƚƩğĭĻ hĬĻƓĭŷğźƓ
nd
At its October 2 meeting, the Planning Commission postponed action on the rezoning
th
application of Horace Obenchain until its November 5 meeting. Please find the following
information attached to this memorandum:
Memorandum from Tara Pattisall providing information on issues raised during the
nd
October 2 Public Hearing
nd
Letters handed out a the October 2 Public Hearing and letters received after the
nd
October 2 Public Hearing
nd
Staff Report with Attachments from the October 2 Planning Commission Public
Hearing
If you have any questions, please contact me by phone at (540) 772-2029 or by email at
pthompson@roanokecountyva.gov.
PGT:pt
Attachments
County of Roanoke
COMMUNITY DEVELOPMENT
5204 Bernard Drive, Second Floor, P.O. Box 29800
Roanoke, Virginia 24018-0798
TEL: (540) 772-2080
BUILDING PERMITS / INSPECTIONS
Tarek Moneir
DEVELOPMENT SERVICES
FAX: (540) 776-7155
ACTING DIRECTOR OF DEVELOPMENT SERVICES
ENGINEERING
PLANNING & ZONING
Philip Thompson
STORMWATER MANAGEMENT
ACTING DIRECTOR OF PLANNING
TRANSPORTATION
aĻƒƚƩğƓķǒƒ
TO: Planning Commission
THRU: Philip Thompson, AICP
Acting Director of Planning
FROM: Tara Pattisall
Planner II
DATE: November 1, 2018
SUBJECT: IƚƩğĭĻ hĬĻƓĭŷğźƓ wĻǩƚƓźƓŭΏ/ƚƓƷźƓǒĻķ ŅƩƚƒ hĭƷƚĬĻƩ ЋͲ ЋЉЊБ
Horace Obenchain is requesting to rezone three parcels (4165, 4185, and 4191 Barley Drive)
totalling approximately 82.05 acres from R-1, Low Intensity Residential District to AG-3,
Agricultural/Rural Preserve District for the purpose of having livestock/agriculture.
4165 Barley Drive has recently been used as part of a borrow pit operation for the nearby Blue
Ridge Beverage Warehouse Expansion project. This project was reviewed, properly permitted,
and inspected through the Roanoke County Department of Community Development. This
project is still currently active although this portion of the project has been completed.
on
July 24, 2018, regarding unpermitted grading work occurring on the site. At the time of the
Planning Commission public hearing, the Obenchains were under threat of penalty to comply by
submitting plans and getting permits to perform this Erosion & Sediment Control work by
October 9, 2018. As of today, the Obenchains have procured an engineer who has developed a
preliminary plan, has met with Community Development staff, and is finalizing the necessary
Erosion and Sediment Plans. The deadline for submitting these plans have been extended until
the first full week of November.
Seven citizens spoke at the public hearing regarding various concerns they have had with large
maintained through a private agreement among the homeowners. One neighbor produced the
Memo to: Planning Commission
Page 2
November 1, 2018
questions of shared road maintenance and whether or not agriculture is prohibited on 4165
and 4185 Barley Drive. County Attorney staff has concluded that this document does not
prohibit agriculture on the two subject parcels and that the private road maintenance is a
shared responsibility of the homeowners.
Attached are two maps and the covenants for West Salem Forest.
Attachments
COMMUNITY DEVELOPMENT
5204 Bernard Drive, Second Floor, P.O. Box 29800 Roanoke, Virginia 24018-0798
TEL: (540) 772-2080 FAX: (540) 776-7155
\[ĻƷƷĻƩƭ IğƓķĻķ hǒƷ ğƷ
Ɠķ
hĭƷƚĬĻƩ Ћ tƌğƓƓźƓŭ
/ƚƒƒźƭƭźƚƓ aĻĻƷźƓŭ
Page 1of 1
Tara Pattisall - \[EXTERNAL\] - Horace Obenchain meeting
From:Andrea Fillbrunn <fillpipp11@gmail.com>
To:Tara Pattisall <tpattisall@roanokecountyva.gov>
Date:10/1/2018 12:15 PM
Subject:\[EXTERNAL\] - Horace Obenchain meeting
I would like to introduce myself ANDREA FILLBRUNN and my husband GEORGE
FILLBRUNN .we live at 4125 BARLEY DR. Salem Va 24153, we are neighbors of Nancy
Ward .... We wanted to state some of our concerns with this matter ....we moved here 5 yes ago and
just loved the location of our home , it is set back into a beautiful setting .IT WAS VERY QUIET
& PEACEFUL until H OBENCHAIN started running his dump trucks back and fourth on our
private road .At first it wasn't to bad and we thought it was a temporary thing . ,then he apparently
was contracted to sell dirt to a Beer Distributer which is located down the road from us . Then it
was 6 to 7 trucks running all day from 6:30 am to late pm hours .This is not a road where two cars
can't pass each other without one pulling over , now you have two large dump trucks trying to pass
each other at highspeeds . There are small children playing outside and everyone owns pets . I
personally could no longer walk my dog or take a walk myself because of the dirt , dust , & pot
holes the trucks caused ,also all the erosion this has caused on our private road & the state road .He
repairs nothing ..I haven't been able to enjoy Sitting on front porch all summer because of the
noise ,dirt & dust . because of the noise of the trucks going back & fourth it caused my dogs to bark
in which is annoying to us & I'm sure to my neighbors.In conclusion Mr.O had ruined it for all That
live here , he has no re guard for anyone but himself. If the zoning gets passed in his favor it will be
a total disaster . This road was not made for commercial use , he will never run out of dirt to sell so
it will go on forever . We don't think its fair for him to ruin it for us & my neighbors . thank you so
much for ur Time and we will be at the meeting .Have a wonderful day .
WARNING: This message was sent from outside the Roanoke County email system.
DO NOT CLICK any links or downloaded attachments unless you know the content is from a
trusted source.
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Page 1of 1
Tara Pattisall - Concerns
From:Brian Hughes<BHUGHES@roanokecountyva.gov>
To:fillpipp11@gmail.com<fillpipp11@gmail.com>
Date:8/13/2018 7:57 AM
Subject:Concerns
Good Morning,
Our Department will evaluate thepresence of construction equipment on the parcel.Roanoke County,
however, has nojurisdiction to address damage to private roads. Thank you.
Brian Hughes
Planner I
Roanoke County Community Development
540-772-2140
file:///C:/Users/tpattisall/AppData/Local/Temp/XPgrpwise/47e14731122c2be791665f4/G...10/2/2018
Page 1of 1
Tara Pattisall - Re: \[EXTERNAL\] - Re: Concern
From:Brian Hughes<BHUGHES@roanokecountyva.gov>
To:fillpipp11@gmail.com<fillpipp11@gmail.com>
Date:8/20/2018 12:35 PM
Subject:Re: \[EXTERNAL\] - Re: Concern
Zoning does not apply to public streets, only land parcels of record.
>>> fillpipp11 <fillpipp11@gmail.com> 8/20/2018 10:29 AM >>>
Thank you for responding . , but I would like to know if this street is Zoned for Commercial use.
Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------
From: Brian Hughes <BHUGHES@roanokecountyva.gov>
Date: 8/20/18 9:25 AM (GMT-05:00)
To: fillpipp11@gmail.com
Subject: Concern
Good Morning,
We are working to resolveany parking of unused construction equipment. However, Roanoke County
ordinance can not prevent use of the road by these vehicles. Thank you.
Brian Hughes
Planner I
Roanoke County Community Development
540-772-2140
WARNING: This message was sent from outside the Roanoke County email system.
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source.
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Page 1of 2
Tara Pattisall - \[EXTERNAL\] - Horace Obenchain Zoning change request
From:Nancy Ward <nancyaward@hotmail.com>
To:"tpattisall@roanokecountyva.gov" <tpattisall@roanokecountyva.gov>
Date:9/30/2018 5:31 PM
Subject:\[EXTERNAL\] - Horace Obenchain Zoning change request
To Whom it May Concern,
I wish for my concerns to be known. I have emailed Roanoke County with
concerns about the dump truck issues and I have spoken with Tara Pattisall,
who was very informative and instrumental in furthering my understanding of
this re-zoning request. I have looked online to find out what the re-zoning
could mean for our area and I am dismayed at what this could include for our
neighborhood, if Mr. Obenchain is successful. I believe this neighborhood has
already suffered a great deal with what Mr. Obenchain and his daily, or almost
daily, activities have entailed regarding the reckless behavior of drivers, the
noise and the pollution/destruction of his moving of dirt in large dump trucks
has done. I sent some photos to Tara Pattisall demonstrating trucks on our
road on different days, a photo of a piece of equipment that sat for months in
front of our driveway and I also sent a few more photos of our private road
that has been heavily damaged and of the state maintained road into and out
of our residential area that has sustained heavy damage, as well. I included
some of the roads when it rains, as well. We have game camera video of the
activities, too, if that is needed.
I wish to be at the Board meeting on October 2nd, but have other obligations,
as well as my daughter's Varsity volleyball game. She is a Senior this year,
and I do not want to miss anything. I originally was going to attend the
meeting due to my strong objections of this zoning change request, but I have
reconsidered, feeling that Mr. Obenchain has already "stolen" much from us in
our previously peaceful and serene neighborhood and he will not take one
of the few remaining games I will see my daughter participate in in her high
school sports.
I know my husband and I chose this area specifically due to the location and
peacefulness. We enjoyed being near town and schools, but out of the
mainstream of traffic and noise. We have enjoyed living in this location for
well over 20 years. We have had neighbors come and go and some wonderful
neighbors that have been here about the same amount of time as we have
been. Most everyone, to this point in time, have respected the beauty and
peacefulness of the area. None have been as disrespectful as Mr. Obenchain
and his workers. Mr. Obenchain came and began driving (and has employees
driving) heavy dump trucks back and forth all day. They have begun as early
as 6am and have driven as late as 11:30pm. I have several issues with this.
First and foremost, it is a safety issue in this residential area. The drivers of
the trucks, for the most part, are very discourteous, and disrespectful of the
file:///C:/Users/tpattisall/AppData/Local/Temp/XPgrpwise/5BB10858PO2_DOMAINM-Z...10/1/2018
Page 2of 2
narrow roadway and meeting other vehicles or pedestrians. I have a young,
new/inexperienced driver, and I am terrified of her meeting one of these under
the narrow railroad trestle area. I no longer walk or run, as I frequently did
before because the truck drivers have been intimidating as I was on the side of
the narrow road when they passed. I had one of the Blue Ridge Beverage
surveyors actually stop me and tell me not to run and walk anymore because
the driving he had observed.
The trucks are dirty, there is much dust and mud related to their constant use.
The noise is horrible, they drive on our land and leave marks. The road is not
state maintained, the neighbors maintain the road, mainly Kevin Holshouser.
The constant heavy machinery being driven over the road has damaged it
badly. It is now terrible to drive on, and we feel like our vehicles are always
out of alignment due to the potholes the trucks have caused.
This is a wonderful, previously quiet RESIDENTIAL neighborhood. There are
young children, teens and middle aged folks who are here because we
appreciate nature and the peace and tranquility that existed before Mr.
Obenchain, and his disregard for each of us,and our wishes, moved here and
began running trucks back and forth constantly for his own financial gain. He
has been asked to stop, asked to stay off our respective properties. Local law
enforcement have been notified, emails and phone calls have been sent to try
and put an end to this. He continues to be uninterested in our concerns. I am
very strongly against rezoning our residential area to Agricultural 3 Zone,
which would allow him to continue to operate these dangerous and obnoxious
trucks through our neighborhood along with countless other "Industrial"
pursuits if he so chooses, which would completely ruin living where we have
been happy for many many years. I find it reprehensible that one person can
go against the wishes of the majority and against citizens who have been here
for 25 years to destroy the exact reasons we all moved to this neighborhood.
Consider what this would be like in ANY residential area. Consider this being
allowed where YOU and YOUR children and family peacefully reside. Dump
trucks are not safe or acceptable for many many reasons in a residential
neighborhood. Mr. Obenchain has already negatively impacted our area, and
to rezone our neighborhood would destroy our enjoyment and security in living
where we chosen to live.
I appreciate your time and consideration of my concerns.
Sincerely,
Nancy Ward
Nancy Ward nancyaward@hotmail.com
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file:///C:/Users/tpattisall/AppData/Local/Temp/XPgrpwise/5BB10858PO2_DOMAINM-Z...10/1/2018
Letters Received After
nd
the October 2
Planning Commission
Meeting
STAFF REPORT
Petitioner: Horace Obenchain
Request: Rezone approximately 82.05 acres from R-1, Low Density Residential District to
AG-3, Agricultural/Rural Preserve District for the purpose of agriculture
Location: 4191, 4185, and 4165 Barley Drive
Magisterial District: Catawba
EXECUTIVE SUMMARY:
Horace Obenchain currently owns three Barley Drive parcels located in the Catawba Magisterial District. The largest
parcel, 4191 Barley Drive, is approximately 41.5 acres. This parcel has multiple farm buildings, livestock, and his
primary residence. It was purchased in 2013. He purchased the two adjacent parcels in 2017. They are currently
vacant.
Mr. Obenchain is requesting to rezone all three parcels, approximately 82.05 acres from R-1, Low Intensity
Residential District to AG-3, Agricultural/Rural Preserve District for the purpose of having livestock/agriculture.
The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this acreage is Rural Village.
Rural Village is a future land use area where limited development activity has historically occurred and where
suburban or urban development patterns are discouraged. These rural community and farming areas are generally
in between the intense suburban development patterns already established in the County. Agriculture is an
appropriate use in this Future Land Use Designation.
1. APPLICABLE REGULATIONS
Agriculture is not permitted in the R-1 district. Agriculture is a permitted use in AG-3. The following use and design
standards apply:
Sec. 30-81-1. Agriculture.
(A) In the AR and AV districts, the keeping of swine for commercial purposes shall be prohibited.
(B) Commercial uses such as gift shops and restaurants associated with viticulture operations shall be allowed
only by special use permit.
2. ANALYSIS OF EXISTING CONDITIONS
Background Prior to the Comprehensive Rezoning in 1992, these parcels were all designated as A-1,
Agriculture 1 District. The largest parcel has had livestock, specifically cattle, on the property for at least 15
years. County aerial imagery does not go back any further for this parcel. Mr. Obechain has stated that at
the time he purchased the property in 2013 it was in use as a farm with livestock and he was unaware that
the zoning was Residential.
Topography/Vegetation The three parcels are accessed by a private road off of Barley Drive. They are
located at the terminus of the private road and are completely secluded due to topography and a creek.
Extensive grading work has occurred on 4191 and 4165 Barley Drive and large portions of these parcels are
1
currently denuded. It is forested on the other portions, as well as all of 4185 Barley Drive.
Surrounding Neighborhood The properties are surrounded by large rural residential lots or vacant parcels.
Properties to the north, east, and south are zoned R-1. Properties to the west are zoned AG-3.
3. ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout/Architecture No additional buildings are being proposed at this time. 4191 already has several
agricultural structures including a barn.
Access/Traffic Circulation No new access is being requested. All three parcels have access via a private
road off of Barley Drive.
Screening & Buffering No additional buffering is proposed. The parcels are secluded at the end of a
private drive due to topography and a creek.
4.CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVE PLAN
The 2005 Comprehensive Plan indicates that the Future Land Use Designation of these 82.05 acres is
Rural Village which is a future land use area that encourages limited development only. Agricultural
production and services including livestock, orchards, and crop production are acceptable in these Future
Land Use areas. The use of the property for cattle farming is in accordance with the Rural Village Future
Land Use designation.
5.STAFF CONCLUSIONS
Mr. Obenchain bought the 41.5 acre parcel at 4191 Barley Drive in 2013. At this time, cattle were housed on
the property and it was used as a farm. He has continued to keep livestock on the property in the time since.
The other two parcels were purchased in 2017 and have remained vacant but will require a rezoning to
place livestock on them. The use is consistent with the surrounding area which includes 104 acres of
adjacent AG-3 property. These parcels were comprehensively rezoned in 1992 from Agricultural 1 to
Residential, but the anticipated development predicted at the time never came to fruition and the area
remains largely agricultural in nature. The proposed rezoning is in conformance with the goals and
objectives of the Rural Village Future Land Use designation.
CASE NUMBER: 8-10/2018
PREPARED BY: Tara Pattisall
HEARING DATES: PC: 10/2/18 BOS: 10/23/18
ATTACHMENTS: Application Materials
Aerial Photograph
Zoning Map
Future Land Use Map
R-1 Zoning District Standards
AG-3 Zoning District Standards
2
County View
Neighborhood View
(540) 772-2065
Roanoke County
5204 Bernard Drive
Roanoke, Virginia 24018
Department of Community Development
County View
Neighborhood View
(540) 772-2065
Roanoke County
5204 Bernard Drive
Roanoke, Virginia 24018
Department of Community Development
County View
Neighborhood View
(540) 772-2065
Roanoke County
5204 Bernard Drive
Roanoke, Virginia 24018
Department of Community Development
R-1 District Regulations
SEC. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT.
Sec. 30-41-1. Purpose.
(A) The R-1, low density residential district is established for areas of the county within the
urban service area with existing low-middle density residential development, with an
average density of from one (1) to three (3) units per acre, and land which appears
appropriate for such development. These areas are generally consistent with the
neighborhood conservation land use category as recommended in the comprehensive
plan. In addition, where surrounding development and the level of public services
warrant, these areas coincide with the development category recommended in the plan.
This district is intended to provide the highest degree of protection from potentially
incompatible uses and residential development of a significantly different density, size, or
scale, in order to maintain the health, safety, appearance and overall quality of life of
existing and future neighborhoods. In addition to single-family residences, only uses of a
community nature which are generally deemed compatible are permitted in this district.
This would include parks and playgrounds, schools and other similar neighborhood
activities.
(Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08)
Sec. 30-41-2. Permitted uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more
stringent standards as listed in article IV, use and design standards, for those specific
uses.
1.Agricultural and Forestry Uses
Stable, Private *
2.Residential Uses
Accessory Apartment *
Home Beauty/Barber Salon *
Home Occupation, Type I *
Manufactured Home *
Manufactured Home, Emergency *
Multiple Dog Permit *
1
R-1 District Regulations
Residential Human Care Facility
Single Family Dwelling, Attached *
Single Family Dwelling, Attached (Cluster Subdivision Option) *
Single Family Dwelling, Detached
Single Family Dwelling, Detached (Cluster Subdivision Option) *
Single Family Dwelling, Detached (Zero Lot Line Option) *
3.Civic Uses
Community Recreation *
Family Day Care Home *
Park and Ride Facility *
Public Parks and Recreational Areas *
Utility Services, Minor
4.Commercial Uses
Bed and Breakfast *
5.Miscellaneous Uses
Amateur Radio Tower *
Wind Energy System, Small *
(B) The following uses are allowed only by special use permit pursuant to section 30-19. An
asterisk (*) indicates additional, modified or more stringent standards as listed in article
IV, use and design standards, for those specific uses.
1.Residential Uses
Alternative Discharging Sewage System *
2.Civic Uses
Cemetery *
2
R-1 District Regulations
Crisis Center
Day Care Center *
Educational Facilities, Primary/Secondary *
Religious Assembly *
Utility Services, Major *
3.Commercial Uses
Golf Course *
4.Miscellaneous Uses
Outdoor Gatherings *
(Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, §§ 3, 8, 6-22-93; Ord. No. 82493-8, § 2,
8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, §
II, 4-25-00; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No.
052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11,Ord.
No. 111213-15, § 1, 11-12-13)
Sec. 30-41-3. Site Development Regulations.
General Standards. For additional, modified, or more stringent standards for specific uses, see
Article IV, Use and Design Standards.
(A) Minimum lot requirements.
1. All lots served by private well and sewage disposal systems:
a. Area: 0.75 acre (32,670 square feet).
b. Frontage: 90 feet on a publicly owned and maintained street.
2. Lots served by either public sewer or water:
a. Area: 20,000 square feet.
b. Frontage: 75 feet on a publicly owned and maintained street.
3. All lots served by both public sewer and water:
a. Area: 7,200 square feet.
3
R-1 District Regulations
b. Frontage: 60 feet on a publicly owned and maintained street.
(B) Minimum setback requirements.
1. Front yard:
a. Principal structures: 30 feet.
b. Accessory structures: Behind the front building line.
2. Side yard:
a. Principal structures: 10 feet.
b. Accessory structures: 10 feet behind front building line or 3 feet behind
rear building line.
3. Rear yard:
a. Principal structures: 25 feet.
b. Accessory structures: 3 feet.
4. Where a lot fronts on more than one street, front yard setbacks shall apply to all
streets.
(C) Maximum height of structures.
1. Height limitations:
a. Principal structures: 45 feet.
b. Accessory structures: 15 feet, or 25 feet provided they comply with the
setback requirements for principal structures.
(D) Maximum coverage.
1. Building coverage: 35percent of the total lot area for all buildings and 7 percent
for accessory buildings.
2.Lot coverage: 50 percent of the total lot area.
(Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1,
4-22-08, Ord. No. 111213-15, § 1, 11-12-13)
4
AG-3 District Regulations
SEC. 30-32. AG-3 AGRICULTURAL/RURAL PRESERVE DISTRICT.
Sec. 30-32-1. Purpose.
(A) The AG-3, agricultural/rural preserve district consists of land primarily used as farmland,
woodlands, and widely scattered residential development located within the rural service
area. Also found in these areas are lands with steep slopes, and groundwater recharge
areas. Many of the county's unique natural and scenic resources are found in this district.
The purpose of this district is to maintain these areas essentially in their rural state, and
attempt to protect sensitive and unique land resources from degradation as recommended
in the rural preserve land use category of the comprehensive plan. This may be
accomplished by maintaining the existing agricultural lands and preventing the
encroachment of incompatible land uses. Non-farm residents should recognize that they
are located in an agricultural environment where the right-to-farm has been established as
county policy. This district is also intended to minimize the demand for unanticipated
public improvements and services, such as public sewer and water, by reducing
development densities and discouraging large scale development.
(Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08)
Sec. 30-32-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more
stringent standards as listed in article IV, use and design standards, for those specific
uses.
1.Agricultural and Forestry Uses
Agriculture
Farm Employee Housing *
Forestry Operations *
Stable, Commercial *
Stable, Private *
Wayside Stand *
2.Residential Uses
Accessory Apartment *
Home Beauty/Barber Salon *
1
AG-3 District Regulations
Home Occupation, Type II *
Manufactured Home *
Manufactured Home, Accessory *
Manufactured Home, Emergency *
Multiple Dog Permit *
Residential Human Care Facility
Single-Family Dwelling, Detached
3.Civic Uses
Community Recreation *
Family Day Care Home *
Park and Ride Facility *
Public Parks and Recreational Areas *
Safety Services *
Utility Services, Minor
4.Commercial Uses
Agricultural Services *
Bed and Breakfast *
Kennel, Commercial *
Veterinary Hospital/Clinic
5.Industrial Uses
Custom Manufacturing *
6.Miscellaneous Uses
Amateur Radio Tower *
2
AG-3 District Regulations
Wind Energy System, Small*
(B) The following uses are allowed only by special use permit pursuant to section 30-19. An
asterisk (*) indicates additional, modified or more stringent standards as listed in article
IV, use and design standards, for those specific uses.
1.Agricultural and Forestry Uses
Commercial Feedlots *
2.Residential Uses
Alternative Discharging Sewage Systems *
3.Civic Uses
Camps *
Cemetery *
Correctional Facilities
Day Care Center *
Religious Assembly *
Utility Services, Major *
4.Commercial Uses
Antique Shops *
Bed and Breakfast Inn *
Campgrounds *
Country Inn *
Golf Course *
Special Events Facility *
Studio, Fine Arts
5.Industrial Uses
3
AG-3 District Regulations
Composting *
Landfill, Construction Debris *
Landfill, Rubble *
Landfill, Sanitary *
Resource Extraction *
6.Miscellaneous Uses
Aviation Facilities, Private *
Broadcasting Tower *
Outdoor Gatherings *
Shooting Range, Outdoor *
Wind Energy System, Large*
Wind Energy System, Utility*
(Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, § 8, 6-22-93; Ord. No. 82493-8, § 2, 8-
24-93; Ord. No. 42694-12, § 7, 4-26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2,
4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-
22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 091311-7, § 1, 9-13-11, Ord. No.
111213-15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16)
Sec. 30-32-3. Site Development Regulations.
General Standards. For additional, modified, or more stringent standards for specific uses, see
Article IV, Use and Design Standards.
(A) Minimum lot requirements.
1. All lots, regardless of sewer and water provisions:
a. Area: 3 acres (130,680 square feet).
b. Frontage: 200 feet on a publicly owned and maintained street.
c. Maximum width to depth ratio: 1 to 5 (W to D) on streets in existence
prior to the adoption of this ordinance.
4
AG-3 District Regulations
(B) Minimum setback requirements.
1. Front yard:
a. Principal structures: 50 feet.
b. Accessory structures: Behind the front building line.
2. Side yard:
a. Principal structures: 25 feet.
b. Accessory structures: 25 feet behind front building line or 10 feet behind
rear building line.
3. Rear yard:
a. Principal structures: 35 feet.
b. Accessory structures: 10 feet.
4. Where a lot fronts on more than one street, front yard setbacks shall apply to all
streets.
5. Where the principal structure is more than 150 feet from the street, accessory
buildings may be located 150 feet from the street and 25 feet from any side
property line.
(C) Maximum height of structures.
1. All structures: 45 feet.
(D) Maximum coverage.
1. Building coverage: 10percent of the total lot area.
2. Lot coverage: 20 percent of the total lot area.
(Ord. No. 62293-12, § 10, 6-22-93,Ord. No. 111213-15, § 1, 11-12-13)
5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 20, 2018
ORDINANCE REZONING APPROXIMATELY 82.05 ACRES FROM R-1
(LOW DENSITY RESIDENTIAL) DISTRICT TO AG-3 (AGRICULTURAL/
RURAL PRESERVE) DISTRICT; LOCATED AT 4191 BARLEY DRIVE
(TAX MAP NO. 065.00-02-39.00-0000), 4185 BARLEY DRIVE (TAX MAP
NO. 065.00-02-43.13-0000), AND 4165 BARLEY DRIVE (TAX MAP NO.
065.00-02-43.12-0000), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Horace Obenchain, the owner of approximately 82.05 acres located
in the Catawba Magisterial District at 4191 Barley Drive (Tax Map No. 065.00-02-39.00-
0000), 4185 Barley Drive (Tax Map No. 065.00-02-43.13-0000), and 4165 Barley Drive
(Tax Map No. 065.00-02-43.12.0000), is requesting to rezone the property from an R-1
(low density residential) district to an AG-3 (agricultural/ rural preserve) district, to enable
the keeping of livestock on the property; and
WHEREAS, the first reading of this ordinance was held on October 23, 2018, and
the second reading and public hearing were held on November 20, 2018; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on October 2, 2018 and again heard public comments on this matter on
November 5, 2018; and
WHEREAS, the Planning Commission recommends approval of the petition; and
WHEREAS, legal notice and advertisement has been provided as required by law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The petition of Horace Obenchain to rezone approximately 82.05 acres located
in the Catawba Magisterial District at 4191 Barley Drive (Tax Map No. 065.00-
02-39.00-0000), 4185 Barley Drive (Tax Map No. 065.00-02-43.13-0000), and
Page 1 of 2
4165 Barley Drive (Tax Map No. 065.00-02-43.12.0000), from an R-1 (low
density residential) district to an AG-3 (agricultural/ rural preserve) district, is
hereby approved.
2. The Board finds that the proposed rezoning is consistent with the purpose and
not be a substantial detriment to the community.
3. This ordinance shall be in full force and effect thirty (30) days after its final
passage. The Zoning Administrator is directed to amend the zoning district map
to reflect the change in zoning classification authorized by this ordinance.
Page 2 of 2