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Home My WebLink About2/26/2019 - Adopted Board RecordsACTION NO. A -022619-1.a ITEM NO. 12 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: February 26, 2019 Confirmation of appointment to the Roanoke Regional Airport Commission Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Daniel R. O'Donnell County Administrator Confirmation of appointment BACKGROUND: Mr. W. William "Bill" Gust's four-year appointment on the Roanoke Regional Airport Commission expired February 10, 2019. DISCUSSION: It is the consensus of the Board to recommend reappointment of Mr. Gust to an additional four-year term to expire February 10, 2023. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends confirmation of the above appointment. Page 1 of 2 VOTE: Supervisor Peters moved to confirm the appointment. Supervisor Assaid seconded the motion. Motion approved. Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. Hooker ® ❑ ❑ Mr. Radford ® ❑ ❑ Mr. Peters ® ❑ ❑ Ms. North ® ❑ ❑ 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, FEBRUARY 26, 2019 RESOLUTION 022619-1.1b REQUESTING ACCEPTANCE OF ARROWHEAD TRAIL INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of State highways, pursuant to §33.2-705 of the Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Assaid, the motion was carried by the following roll call and recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None A CORY TESTE: i Deborah C. Jacks/ f� Chief Deputy Cler the Board of Supervisors cc: Tarek Moneir, Acting Director of Development Virginia Department of Transportation Page 2 of 2 In the County of Roanoke ............................................................................................................ By resolution of the governing body Adopted February 26, 2019 The following MOT Form AM --4.3 is hereby attached and changes in the secondary system of state highways. A Copy Testee Signed (County as part of the govgw&g body's resolution for Report of Changes in the Secondar"ystem of Stao Mighways Type Change to the Secondary System of State Highway$_ Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements fix cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name andfor Route Number Arrowhead Trail, State Route Number 1409 Old Route Number. 0 e — — — — — — — — — — — — — — — — — — — — — — — — — - From: Intersection with Sundance RoadtRoute 1100 Toy End of Cul-de-sac on Arrowhead Trail, a distance of 0.25 miles. Recordation Referee- Instrument #200512202 Right of Way width (feet) - 0 VDOT Dorm AM -4.3 (420.2007) Maimmancc Mvision Date of Resolution: February 26, 2019 Page 1 of I Exhibit "A" ifsm Oval NORTH LOT 34 {a«. ' —2a3s6 ACRES o.a.n. _ a+ ' a Y /1 rk 1 t ' W�Ra X yluxAc� f' , -` `2 �f� 64,= ACRES REMMAINING s imp tr I' A� �AIe LOT 39 ' `ter?_ Met 1 •asAe k�jf °`�• o.� I R t r "n Ap2 .a s 25Lar LOT X51 ;�� or Ms+ 1 1 ur sl Mom t ' "�.110 RROWHEIW `v�� ■ Am 30 !Ar rt lora 14 % LOT M Us AL * Lar Awe • � ��' � �� .c s.3't �'`�"�' WT 45 �r no . + �rR 9'� / Liar +s s\ w K � At LOT 49 lot n Lur 42 +yr AR ►ar a 1 AAI! Aeua� Yig .a y S. _ �. AC am At 6 � ^ 8 PROPOSED ADDITION(S) SHOWN IN BLUE RIGHT ROADWAY DESCRIPTION LENGTH OF WAY WIDTH SERVICES Miles Feet Feet Houses Arrowhead Trail from the inters ROANOKE COUNTY ACCEPTANCE OF ARROWHEAD TRAIL INTO THE DEPARTMENT OF VIRGINIA DEPARTMENT OF TRANSPORTATION COMMUNITY DEVLOPMENT SCONDARY SYSTEM ection with Sundance Rd (VA SEC. Route # 1160) to the cube -sac. 0.25 50 28 21 ROANOKE COUNTY ACCEPTANCE OF ARROWHEAD TRAIL INTO THE DEPARTMENT OF VIRGINIA DEPARTMENT OF TRANSPORTATION COMMUNITY DEVLOPMENT SCONDARY SYSTEM AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2019 RESOLUTION 022619-1.c REQUESTING ACCEPTANCE OF LAWSON LANE OF BELMONT SECTION I INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of State highways, pursuant to §33.2-705 of the Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 In the County of Roanoke ------------------------------------- - ------ ----- ...... --- -----....-----------------...... By resolution of the governing bodyAMpted February 26, 2019 The following VDOT Form AM -4.3 is hereby attached and inc r ted as part of the governing body's resolution for changes in the secondary system of state highways. .f Copy Testee Signed (County OJf'rci l Report of Changes in the Secondary System of St to ighways Type Chgnge to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Wonia Statute: §33.2-705 Lawson Lane, State Route Number 1405 Old Route Number. 0 -------------------------------------------- e From Intersection with future roadNuture Route 1406 To: End of Cul-de-sac on Lawson Lane, a distance of 0.13 miles. Recordation Reference Instrument #201501599 Right of Way wlkh (feet) ■ 0 Street Mama andtor Route NUmber Lawson Lane, State Route Number 1405 Old Route Number: 0 -------------------------------------------- e From: Intersection with Mountain View Road/Route 651 To: Intersection with future roadfluture Route 1400. a distance of 0.03 miles. Recordation Reference: Instrwnent #201501599 Right of Way width (fed) a 0 VDQT Farm AM4.3 OW2007) Makwn me Division Date of Resolution: February 26, 2019 Page I of I Lor go Lor f1 La 0 Lor" NORTH UT a 10r ti► ROADWAY r DESCRIPTION LENGTH Lor WIDTH SERVICES Wu Mites ' Lor !V "'°° Feet Houses Lawson Lane from the intersection with Mountain View Rd Lor A_ (VA SEC. Route # 651) to the cul-de-sac. 0.16 Varies Varies Lor i ..� Lor a Lor U Lor is + Lor v r tor : ue.e ►.ot L ' �i i LAWSON LANE � �W " � wow � w:: —w—' Now v ii ivo w !orf ur t Now •SRR 9N I �... Of PROPOSED ADDITION(S) SHOWN IN BLUE � p ROANOKE COUNTY ACCEPTANCE OF LAWSON LANE INTO THE VIRGINIA DEPARTMENT OF DEPARTMENT OF TRANSPORTATION SCONDARY COMMUNITY DEVLOPMENT SYSTEM 11 RIGHT ROADWAY DESCRIPTION LENGTH OF WAY WIDTH SERVICES Mites Feet Feet Houses Lawson Lane from the intersection with Mountain View Rd (VA SEC. Route # 651) to the cul-de-sac. 0.16 Varies Varies 22 ROANOKE COUNTY ACCEPTANCE OF LAWSON LANE INTO THE VIRGINIA DEPARTMENT OF DEPARTMENT OF TRANSPORTATION SCONDARY COMMUNITY DEVLOPMENT SYSTEM 11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2019 RESOLUTION 022619-1.d REQUESTING ACCEPTANCE OF MATTHEW DRIVE, ADAM DRIVE AND SPRING GROVE DRIVE OF EDGEFIELD SUBDIVISION INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of State highways, pursuant to §33.2-705 of the Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Assaid, the motion was carried by the following roll call and recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None A COPY TESTE: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors cc: Tarek Moneir, Acting Director of Development Virginia Department of Transportation 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, FEBRUARY 26, 2019 RESOLUTION 022619-2.e EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO EDWIN R. "RANDY" LEACH, COMMONWEALTH'S ATTORNEY, UPON HIS RETIREMENT AFTER MORE THAN THIRTY-THREE (33) YEARS OF SERVICE WHEREAS, Mr. Leach was employed by Roanoke County on April 15, 1985; and WHEREAS, Mr. Leach retired on February 1, 2019, after thirty-three (33) years and ten (10) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, during Mr. Leach's tenure he has served as Chief Assistant Commonwealth's Attorney, Senior Assistant Commonwealth's Attorney, Assistant Commonwealth's Attorney and Commonwealth's Attorney has served with professionalism and dedication in providing services to the citizens of Roanoke County; and WHEREAS, Mr. Leach through his employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, throughout Mr. Leach's tenure with Roanoke County, his enthusiasm, dedication, and professionalism to his work, has earned the admiration and respect of his colleagues throughout the Commonwealth. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to EDWIN R. LEACH for more than thirty-three (33)years of capable, loyal and dedicated service to Roanoke County; and Page 1 of 2 FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Assaid, the motion was carried by the following roll call and recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None A WRY TESTE: r Deborah C. Jacks// Chief Deputy Cler the Board of Supervisors Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2019 RESOLUTION 022619-1 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 February 26, 2019, 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 7 inclusive, as follows: 1. Approval of minutes — November 7, 2018 2. Confirmation of appointment to the Roanoke Regional Airport Commission 3. Resolution requesting acceptance of Arrowhead Trail into the Virginia Department of Transportation System 4. Resolution requesting acceptance of Lawson Lane of Belmont Section I into the Virginia Department of Transportation Secondary System 6. Resolution requesting acceptance of Matthew Drive, Adam Drive and Spring Grove Drive of Edgefield Subdivision into the Virginia Department of Transportation Secondary System 7. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Edwin R. "Randy" Leach, Commonwealth's Attorney, upon his retirement after more than thirty-three (33) years of service Page 1 of 2 On motion of Supervisor Peters to adopt the resolution and with item 5 removed, seconded by Supervisor Assaid, the motion carried by the following roll call and recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None PY TESTE: 'ah C. Ja4k Deputy Cle k to he Board of Supervisors 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, FEBRUARY 26, 2019 RESOLUTION 022619-2 ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FOR ROANOKE COUNTY, VIRGINIA, CHANGING THE FUTURE LAND USE DESIGNATION OF THREE PROPERTIES LOCATED ON COLONIAL AVENUE (IN THE CAVE SPRING MAGISTERIAL DISTRICT) FROM NEIGHBORHOOD CONSERVATION TO TRANSITION WHEREAS, Section 15.2-2233 of the Code of Virginia requires that the Planning Commission of every jurisdiction shall prepare and recommend a Comprehensive Plan for the physical development of their jurisdiction; and WHEREAS, Section 15.2-2230 of the Code of Virginia requires that the Planning Commission shall review the Comprehensive Plan at least once every five years to determine whether it is advisable to amend the plan; and WHEREAS, it is proposed that the Comprehensive Plan be amended, changing the future land use designation of three (3) parcels south of Colonial Avenue from Neighborhood Conservation to Transition. The three properties, all of which are located in the Cave Spring Magisterial District, are: 1. 0 Colonial Avenue (Tax Map No. 086.08-02-22.02-0000); and 2. 0 Colonial Avenue (Tax Map No. 086.08-02-22.01-0000); and 3. 4920 Colonial Avenue (Tax Map No. 086.08-02-22.00-0000). WHEREAS, the Planning Commission held a public hearing on the proposed amendment to the Comprehensive Plan on February 5, 2019, after posting, advertisement and notices as required by Section 15.2-2225 and Section 15.2-2204 of the Code of Virginia. Page 1 of 2 THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke as follows: 1. The Board approves amending the Comprehensive Plan, changing the future land use designation of the following parcels from Neighborhood Conservation to Transition: a. 0 Colonial Avenue (Tax Map No. 086.08-02-22.02-0000); and b. 0 Colonial Avenue (Tax Map No. 086.08-02-22.01-0000); and c. 4920 Colonial Avenue (Tax Map No. 086.08-02-22.00-0000). 2. Pursuant to Section 15.2-2225 of the Code of Virginia, the Secretary of the Planning Commission certified this Resolution to the Board of Supervisors by providing a copy of it to the Clerk to the Board. 3. Pursuant to Section 15.2-2225 of the Code of Virginia, the Secretary of the Planning Commission posted this Resolution on the Commission's website. On motion of Supervisor Assaid to adopt the resolution, seconded by Supervisor Peters, the motion was carried by the following roll call and recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None U'1 TESTE: Chief Deputy Clerk to cc: Philip Thompson, Acting Director of Planning Page 2of2 rd of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2019 ORDINANCE 022619-3 TO REZONE 1.17+/- ACRES FROM R-1 (LOW DENSITY RESIDENTIAL) DISTRICT TO C-1 (LOW INTENSITY COMMERCIAL) DISTRICT LOCATED AT 4920 COLONIAL AVENUE IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, upon the petition of Balzer and Associates, Inc., as agent to the property owner, to rezone approximately 1. 17 acres from R-1 (Low Density Residential) to C-1 (Low Intensity Commercial) with proffered conditions, located at 4920 Colonial Avenue to develop a two-story, 11,500 square foot office building for medical use; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 5, 2019; and WHEREAS, the Planning Commission recommended approval of the petition; and WHEREAS, the first reading of this ordinance was held on January 22, 2019, and the second reading and public hearing were held on February 26, 2019; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. The Board approves the rezoning requested by petition of Balzer and Associates, Inc. on behalf of the owner to rezone three parcels located at 4920 Colonial Avenue (Tax Map No. 086.08-02-22.00-0000, and Tax Map Nos. 086.08-02-22.01-0000 and 086.08-02-22.02-0000) from R-1 to C-1 for an 11,500 square foot office building for medical use. 2. The Board accepts the voluntary proffered conditions offered by the petitioner as: Page 1 of 3 a. Concept Plan Conformance. The proffer of substantial conformance with the "New Colonial Medical Office Building -Development Plan" prepared by Balzer and Associates, Inc. dated December 14, 2018, subject to any changes required by the County of Roanoke during the site plan review process; and b. Building Design. The owner hereby proffers substantial conformance with the "new Colonial Medical Office Building" prepared by Motter & Meadow Architects dated December 14, 2018. 3. The Board further finds that the proffered conditions: a. Have a reasonable relation to the rezoning; b. Are in conformity with the comprehensive plan; c. Are clearly understood and enforceable; and d. Do not require or allow a design or standards that are less restrictive than are now covered under the County's current development regulations. 4. The Board finds that the proposed rezoning is consistent with the purpose and intent of the County's Comprehensive Plan and good zoning practice, and will not be a substantial detriment to the community. 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 2 of 3 On motion of Supervisor Assaid to adopt the ordinance, seconded by Supervisor Hooker, the motion was carried by the following roll call and recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None PY TESTE: Deborah C. Jabkko / Chief Deputy CI to the Board of Supervisors cc: Philip Thompson, Acting Director of Planning Tarek Moneir, Acting Director of Development Scott Pfouts, Real Estate Valuation Peter Lubeck, Senior Assistant County Attorney John Murphy, Zoning Administrator Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2019 ORDINANCE 022619-4 GRANTING A SPECIAL USE PERMIT IN AN R - 1S (LOW DENSITY RESIDENTIAL) DISTRICT TO ALLOW FOR A MULTIPLE USE DOG PERMIT ON 4.68 ACRES, LOCATED AT 6185 BENT MOUNTAIN ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, the owner, Rhonda Conner, has requested a Special Use Permit for a multiple dog permit on less than 5 acres in an R-1 S (Low Density Residential) District in order to have five (5) dogs; and WHEREAS, Section 30-82-4 contains Use and Design Standards associated with a multiple dog permit, while the Zoning Ordinance defines multiple dogs as four or more with other restrictions; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 5, 2019; and WHEREAS, the Planning Commission recommended approval of the special use permit with two conditions: that the maximum number of dogs shall be limited to five and that the breeding of dogs shall be limited to one litter per year; and WHEREAS, the first reading of this ordinance was held on January 22, 2019, and the second reading and public hearing were held on February 26, 2019; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. The Board finds that the granting of a special use permit to allow multiple dogs by the owner of 6185 Bent Mountain Road (Tax Map. No. 096.01-03-36.00- 0000) in the Windsor Hills District is in conformance with the goals and Page 1 of 2 objectives of the R-1 Low Density Residential zoning district, and there appears to be no negative impact associated with this request. 2. The Board grants this special use permit subject to the following conditions: a. The maximum number of dogs shall be limited to five dogs. 3. This ordinance shall be in full force and effect upon 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. On motion of Supervisor Radford to adopt the ordinance, seconded by Supervisor Hooker, the motion was carried by the following roll call and recorded vote: AYES: Supervisors Hooker, Radford, Peters, North NAYS: Supervisor Assaid TESTE: h C. Jacks Chief Deputy Clerk tlb)he Board of Supervisors cc: Philip Thompson, Acting Director of Planning Tarek Moneir, Acting Director of Development Scott Pfouts, Real Estate Valuation Peter Lubeck, Senior Assistant County Attorney John Murphy, Zoning Administrator Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON THURSDAY, FEBRUARY 26, 2019 ORDINANCE 022619-5 AMENDING THE MASTER PLAN FOR THE CENTER FOR RESEARCH AND TECHNOLOGY (CRT) TO ADD DEVELOPMENT STANDARDS AND TO REMOVE AN EXISTING PROFFERED CONDITION ON PROPERTY LOCATED IN THE CATAWBA DISTRICT WHEREAS, the Economic Development Authority (EDA) and the other property owners within the Center for Research and Technology (CRT) are requesting to remove the proffered condition from the properties totaling 480.21 acres and to amend the master plan; and WHEREAS, the only proffered condition on these properties incorporates the Development Guidelines and Protective Covenants to the zoning of the properties; and WHEREAS, removal of the proffered condition would separate the zoning of the property controlled by the Master Plan and Planned Technology District zoning requirements from the private covenants controlled by the property owners in CRT; and WHEREAS, the amendments to the CRT Master Plan would add development standards (permitted uses, height, lighting, minimum front setbacks, lot overage, subdivision, and signage) to the conceptual rendering of the Master Plan; and WHEREAS, the overall layout of CRT including the road network, potential lots, and buffers remains the same; and WHEREAS, the Planning Commission held a public hearing on this request on February 5, 2019 where no citizens spoke; and WHEREAS, the Planning Commission recommends approval of the amendment of the Master Plan and the removal of the proffered conditions; and Page 1 of 3 WHEREAS, the first reading of this ordinance was held on December 18, 2019, and the second reading and public hearing were held on February 26, 2019; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The petition of the Economic Development Authority, et al. is approved which shall: a. Remove the proffered condition dated March 9, 2007; and b. Amend the Master Plan. 2. The Board finds that the proposed rezoning is consistent with the purpose and intent of the County's Comprehensive Plan and good zoning practice, and will 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. On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor Peters, the motion was carried by the following roll call and recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None Page 2 of 3 cc: Philip Thompson, Acting Director of Planning Tarek Moneir, Acting Director of Development Scott Pfouts, Real Estate Valuation Peter Lubeck, Senior Assistant County Attorney John Murphy, Zoning Administrator Jill Loope, Director of Economic Development Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2019 ORDINANCE 022619-6 DENYING THE GRANTING OF A SPECIAL USE PERMIT IN A C-2 (HIGH INTENSITY COMMERCIAL) DISTRICT TO CONSTRUCT A MINI WAREHOUSE STORAGE FACILITY ON 3.10 ACRES, LOCATED NEAR THE 4400 BLOCK OF SOUTH PEAK BOULEVARD IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, in 2004 the Roanoke County Board of Supervisors rezoned approximately 30 acres of the South Peak Development (then called Slate Hill) from CO2C, R-3, and C-1 to C -2C. As part of the rezoning, there were a set of proffers that addressed uses, slopes, buildings, roads, access, ridgeline, utilities, retaining walls, landscaping, site lighting, signage, parking and storm water management. Also included with the application was a set of exhibits showing the general road and development pattern for South Peak (Ordinance 062204-11 and exhibits attached); and WHEREAS, in 2010, Roanoke County formed the South Peak Community Development Authority (CDA) to assist in financing the infrastructure, improvements and services in connection with the development of the land into a mixed-use development proposed to include commercial, retail and residential component; and WHEREAS, in 2012, the South Peak Condominium Project and Estates at South Peak rezoning was approved. In 2014, construction was completed for the South Peak Hilton Garden Inn. This property is zoned C -2C and was subject to the 2004 proffers. In 2016, the construction of the Texas Roadhouse restaurant was completed; and WHEREAS, three separate parcels are included as part of this special use permit request. All of the parcels are currently owned by McNeil Properties, LLC with Venture Storage Group, LLC as the contract purchaser. The properties were not part of the 2004 Page 1 of 4 rezoning request but are adjacent to those properties and are part of the same overall development. Until this project request, staff is unaware of any development plans associated with South Peak that have included a mini-warehouse/indoor self -storage use; and WHEREAS, the submitted concept plan by Venture Storage Group, LLC shows a three story building approximately 105,000 square feet in size; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 5, 2019 and subsequently denied the request, with a 4-1 vote of denial; and WHEREAS, the first reading of this ordinance was held on February 12, 2019, and the second reading and public hearing were held on February 26, 2019; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board hereby grants a special use permit to allow construction of a mini - warehouse storage facility on 3.10 acres zoned C-2 (high intensity commercial district), located near the 4400 block of South Peak Boulevard (Tax Map Nos. 077.20-01-21.00-0000, 077.20-01-22.00-0000, and 077.20-01-24.00-0000) in the Cave Spring Magisterial District, subject to the following conditions: a. The site shall be developed in general conformance with the document submitted with the petition, titled Concept Plan dated November 6, 2018 and the architectural rendering prepared by McMillan Pazdan Smith Architecture. Page 2 of 4 2. The Board 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: 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; and 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. 3. That this ordinance shall be in full force and effect upon 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 4 On motion of Supervisor Assaid to deny the motion, seconded by Supervisor Hooker, the motion was carried by the following roll call and recorded vote: AYES: Supervisors Assaid, Hooker, Peters, North NAYS: Supervisor Radford F2 Deborah C. Jack Chief Deputy Clerk he Board of Supervisors cc: Philip Thompson, Acting Director of Planning Tarek Moneir, Acting Director of Development Scott Pfouts, Real Estate Valuation Peter Lubeck, Senior Assistant County Attorney John Murphy, Zoning Administrator Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2019 ORDINANCE 022619-6 DENYING THE GRANTING OF A SPECIAL USE PERMIT IN A C-2 (HIGH INTENSITY COMMERCIAL) DISTRICT TO CONSTRUCT A MINI WAREHOUSE STORAGE FACILITY ON 3.10 ACRES, LOCATED NEAR THE 4400 BLOCK OF SOUTH PEAK BOULEVARD IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, in 2004 the Roanoke County Board of Supervisors rezoned approximately 30 acres of the South Peak Development (then called Slate Hill) from CO2C, R-3, and C-1 to C -2C. As part of the rezoning, there were a set of proffers that addressed uses, slopes, buildings, roads, access, ridgeline, utilities, retaining walls, landscaping, site lighting, signage, parking and storm water management. Also included with the application was a set of exhibits showing the general road and development pattern for South Peak (Ordinance 062204-11 and exhibits attached); and WHEREAS, in 2010, Roanoke County formed the South Peak Community Development Authority (CDA) to assist in financing the infrastructure, improvements and services in connection with the development of the land into a mixed-use development proposed to include commercial, retail and residential component; and WHEREAS, in 2012, the South Peak Condominium Project and Estates at South Peak rezoning was approved. In 2014, construction was completed for the South Peak Hilton Garden Inn. This property is zoned C -2C and was subject to the 2004 proffers. In 2016, the construction of the Texas Roadhouse restaurant was completed; and WHEREAS, three separate parcels are included as part of this special use permit request. All of the parcels are currently owned by McNeil Properties, LLC with Venture Storage Group, LLC as the contract purchaser. The properties were not part of the 2004 Page 1 of 3 rezoning request but are adjacent to those properties and are part of the same overall development. Until this project request, staff is unaware of any development plans associated with South Peak that have included a mini-warehouse/indoor self -storage use; and WHEREAS, the submitted concept plan by Venture Storage Group, LLC shows a three story building approximately 105,000 square feet in size; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 5, 2019, and subsequently denied the request, with a 4-1 vote of denial; and WHEREAS, the first reading of this ordinance was held on December 18, 2018, and the second reading and public hearing were held on February 26, 2019; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the Board hereby DENIES the applicant's request for a special use permit to allow construction of a mini -warehouse storage facility on 3.10 acres zoned C-2 (high intensity commercial district), located near the 4400 block of South Peak Boulevard (Tax Map Nos. 077.20-01-21.00-0000, 077.20-01-22.00-0000, and 077.20-01-24.00-0000) in the Cave Spring Magisterial District. Page 2 of 3 On motion of Supervisor Assaid to deny the motion (in which he incorporated findings made by Planning Commissioner Mahoney on February 5, 2019, and further found that the applicant's proposed use is inconsistent with good zoning practice because it does not facilitate the creation of a convenient, attractive and harmonious community), seconded by Supervisor Hooker, the motion was carried by the following roll call and recorded vote: AYES: Supervisors Assaid, Hooker, Peters, North NAYS: Supervisor Radford A COPY TESTE: Deborah C. Jack's Chief Deputy Clerk o e Board of Supervisors cc: Philip Thompson, Acting Director of Planning Tarek Moneir, Acting Director of Development Scott Pfouts, Real Estate Valuation Peter Lubeck, Senior Assistant County Attorney John Murphy, Zoning Administrator Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2019 ORDINANCE 022619-7 REZONING 11.03+/- ACRES FROM R-1 (LOW DENSITY RESIDENTIAL) DISTRICT TO C-2 (HIGH INTENSITY COMMERCIAL) DISTRICT FOR A COMMERCIAL OUTDOOR SPORTS AND RECREATIONAL FACILITY LOCATED AT 4774 PIONEER DRIVE IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, upon the petition of Virginia Class Action Softball Club to rezone approximately 11.03 acres from R-1 (Low Density Residential) to C-2 (High Intensity Commercial) with a proffered condition, located at 4774 Pioneer Drive; and WHEREAS, the Planning Commission held a public hearing on February 5, 2019 and recommended approval of this application; and WHEREAS, first reading of this ordinance was held on January 22, 2019, and the second reading and public hearing were held on February 26, 2019; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board approves the rezoning requested by petition of Virginia Class Action Softball Club to rezone the parcel located at 4774 Pioneer Drive (Tax Map No. 040.02-01-02.00-0000) from R-1 to C-2. 2. The Board accepts the voluntary proffered condition of general conformance with the "Scrappers Softball Fields -Development Plan" prepared by Balzer and Associates, Inc. dated January 30, 2019, subject to any changes required by the County of Roanoke during the site plan review process. 3. The Board further finds that the proffered conditions: Page 1 of 2 a. Have a reasonable relation to the rezoning; b. Are in conformity with the comprehensive plan; c. Are clearly understood and enforceable; and d. Do not require or allow a design or standards that are less restrictive than are now covered under the County's current development regulations. 4. The Board finds that the proposed rezoning is consistent with the purpose and intent of the County's Comprehensive Plan and good zoning practice, and will not be a substantial detriment to the community. 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. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor North, the motion was carried by the following roll call and recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None 0 TESTE: Chief Deputy Clerk to cc: Philip Thompson, Acting Director of Planning Tarek Moneir, Acting Director of Development Scott Pfouts, Real Estate Valuation Peter Lubeck, Senior Assistant County Attorney John Murphy, Zoning Administrator Page 2 of 2 rd of Supervisors