Loading...
HomeMy WebLinkAbout9/28/2004 - Regular Roanoke County Board of Supervisors Agenda September 28, 2004 Good afternoon and welcome to our meeting for September 28, 2004. Regular meetings are held on the second Tuesday and the 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, and will be rebroadcast on Thursdays at 7:00 p.m. and on Saturdays at 4:00 p.m. The meetings are now closed-captioned. Individuals who require assistance or special arrangements 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. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Reverend Bruce Tuttle Cave Spring United Methodist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS C. 1. Joint proclamation declaring October 2004 as Building Character Month in the Roanoke Valley 2. Proclamation declaring October 3-9, 2004 as Fire Prevention Week in the County of Roanoke D. BRIEFINGS E. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2004-2005 budget in accordance with Section 15.2-2507, Code of Virginia. (Diane D. Hyatt, Chief Financial Officer) 1 F. NEW BUSINESS G. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits o~ the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of an ordinance to rezone 2.37 acres from C1 C Office District with conditions to C1 C Office District with amended conditions and rezone .28 acres from R1 Low Density Residential to C1C Office District with conditions in order to construct a general office located at 3640 Colonial Avenue and a portion of 3612 Parkwood Drive, Cave Spring Magisterial District, upon the petition of Roanoke Council of Garden Clubs, Inc. 2. First reading of an ordinance to obtain a special use permit to operate a commercial indoor sports and recreation facility located at 5205 Starkey Road, Cave Spring Magisterial District, upon the petition of Roanoke Cheerleading Academy. H. FIRST READING OF ORDINANCES I. SECOND READING OF ORDINANCES 1. Second reading of an ordinance amending ordinance 52488-12 authorizing an amendment to the lease with Ingersoll-Rand (Bogar, LLC) to provide for an early termination of a recreational lease. (Jill Loope, Assistant Director of Economic Development; Pete Haislip, Director of Parks, Recreation & Tourism) J. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (Appointed by District) 2. Grievance Panel 3. Library Board (Appointed by District) 4. Parks and Recreation Advisory Commission (Appointed by District) 5. Roanoke Valley Area Metropolitan Planning Organization Community Advisory Committee (CAC) 2 O. K. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE 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 - September 14, 2004 2. Confirmation of committee appointment to the Roanoke Valley Resource Authority 3. Resolution of appreciation upon the retirement of Philip J. Patrone, Police Department, following twenty-five years of service 4. Request from Unified Human Transportation Services (RADAR) to accept and appropriate a grant in the amount of $208,000 for the purchase of vans and to appropriate Section 5311 monies in the amount of $28,351 for operating costs 5. Request from schools to appropriate a grant in the amount of $1,275 from the Virginia Commission for the Arts 6. Request from schools to appropriate dual enrollment revenues in the amount of $679.06 7. Request to appropriate funds in an amount not to exceed $9,000 from the Board contingency account to Chandler Planning 8. Request to approve resolution authorizing the County of Roanoke to enter into a commercial credit card relationship with SunTrust Bank Card L. REQUESTS FOR WORK SESSIONS REQUESTS FOR PUBLIC HEARINGS M. N. CITIZENS' COMMENTS AND COMMUNICATIONS REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 3 4. Future Capital Projects 5. Accounts Paid - August 2004 6. Statement of expenditures and estimated and actual revenues for the month ended August 31 , 2004 7. Proclamation signed by the Chairman P. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (30) discussion of the award of public contracts involving the expenditure of public funds, and discussion of the terms or scope of such contracts where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, namely public safety center. NOTE: The Fire and Rescue Department will demonstrate mass casualty and structural collapse equipment acquired through Homeland Security grants prior to the work sessions. Q. WORK SESSIONS (4th Floor Conference Room) 1. Work session to brief the Board on Virginia's Explore Park. (Debbie Pitts, Executive Director) 2. Work session to brief the Board on the joint funding of Capital Improvement Programs (CIP) with Roanoke County schools. (Diane D. Hyatt, Chief Financial Officer; Penny A. Hodge, Director of Budget and Finance) 3. Work session to discuss proposed spot blight abatement program. (Paul M. Mahoney, County Attorney) EVENING SESSION R. CERTIFICATION RESOLUTION S. NEW BUSINESS 1. Request to adopt a resolution authorizing the execution of a comprehensive agreement pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 to design, develop and construct a new public safety facility and certain radio system upgrades, to amend a contract with Construction Dynamics Group for construction management and value engineering, and to appropriate funds for these purposes. (Dan R. O'Donnell, Assistant County Administrator) 4 2. Request to adopt a resolution establishing a program for spot blight abatement. (Paul M. Mahoney, County Attorney) T. FIRST READING AND PUBLIC HEARING OF ORDINANCE 1. First reading of an ordinance to amend the Roanoke County Code Section 21-73, General Prerequisites to Grant of Division 3. Exemption for Elderly and Disabled Persons of Chapter 21. Taxation to increase the various asset threshold amount provisions for real estate tax exemption for the elderly and handicapped. (Paul Mahoney, County Attorney) U. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. This item was oriainally scheduled to be heard by the Board of Supervisors on September 28. It has been continued at the reQuest of the Plannina Commission until October 26. 2004. Public hearing to receive public comments on a proposal to adopt a revised Community (Comprehensive) Plan for Roanoke County, Virginia. The proposed Community Plan is comprised of both text and maps. Once recommended by the Planning Commission and adopted by the Board of Supervisors, the plan will serve as a general guide for long-range use and development of all land within Roanoke County. The proposed plan has been prepared in accordance with guidelines contained in Sections 15.2-2223 and 2224 of the Code of Virginia, and Section 30-8-1 of the Roanoke County Zoning Ordinance. 2. Second reading of an ordinance to rezone 6.15 acres from R 1 Low Density Residential District to R3 Medium Density Multi Family District with conditions in order to construct townhouses located at the northerly end of Byron Road, Catawba Magisterial District, upon the petition of Pinkerton Properties, LLC. (Janet Scheid, Chief Planner) 3. Second reading of an ordinance amending Sections 7-71 Building Permit Fees and 7-72 Trade Permit Fees, and establishing a new Section 7-73 Miscellaneous Fees of Article 5, Chapter 7, Building Regulations of the Roanoke County Code, and providing for an effective date. (Arnold Covey, Director of Community Development) V. CITIZENS' COMMENTS AND COMMUNICATIONS 5 w. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph B. "Butch" Church 2. Michael A. Wray 3. Michael W. Altizer 4. Joseph P. McNamara 5. Richard C. Flora x. ADJOURNMENT The Board will adjourn to Saturday, October 2, 2004 at 8:00 a.m. for the annual Board of Supervisors Retreat, Bernard's Landing Resort and Conference Center, 775 Ashmeade Road, Moneta, Virginia. At the close of the October 2 Retreat, the Board will adjourn to Monday, October 4 at 5:30 p.m. for the purpose of a work session to discuss the community plan, Roanoke County Administration Center, 5204 Bernard Drive, 4th Floor Training Room, Roanoke, Virginia. 6 ACTION NO. ITEM NO. c -\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Joint proclamation declaring October 2004 as Building Character Month in the Roanoke Valley SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Mr. Stuart Harris, founder of the Greater Roanoke Valley Character Coalition (GRVCC), has requested that Roanoke County participate in the attached joint proclamation for endorsement by the Counties of Roanoke and Franklin, Cities of Roanoke and Salem, and the Town of Vinton. Mr. Harris has invited Chairman Flora; Mayor Nelson, City of Roanoke; Mayor Tarpley, City of Salem; Mayor Grose, Town of Vinton; and Chairman Angell, Franklin County, to attend a meeting on October 1,2004, to formally sign the proclamation. C-1 ~ oínt ¡ttOMmatÍQq WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, DECLARING OCTOBER 2004 AS BUILDING CHARACTER MONTH IN THE ROANOKE VALLEY the parents, citizens and leaders of the Roanoke Valley realize our next generation can create a community with an ever-improving quality of living and set an example for the region and the world as we head into a crucial time for humankind; and the extraordinary nature and demands of these times will challenge members of our community to be extraordinary citizens with strong moral character and a clear understanding of what it means to be an involved and compassionate human being; and our schools in the Roanoke Valley are working to instill these six character traits, also cited by Virginia Law, into the young persons of our community: RESPONSIBILITY, RESPECT, CARING, TRUSTWORTHINESS, FAIRNESS, and CITIZENSHIP; and these six traits of character are fundamental to all human beings regardless of cultural, religious, or socio-economic differences; and it is the duty of all parents and families and also of all responsible community members to set good examples and to provide young persons with opportunities of service and to develop high moral standards and create value systems that will serve them well in living their lives and reaching their full potential; and the Greater Roanoke Valley Character Coalition (Valley Character.org) is working to improve life in our community by supporting the building of character and supporting those working for improvement of our neighborhoods and to ease suffering and injustice for our citizens. NOW THEREFORE, WE, the undersigned, do hereby proclaim October 2004, as BUILDING CHARACTER MONTH in the Roanoke Valley. FURTHER, We call upon parents, families, leaders, citizens, schools, youth organizations, faith-based groups, businesses, community groups, government agencies and all others to model good practices; engage in discussions about people of extraordinary character; acknowledge local individuals who exemplify such character; encourage young persons to be active in serving their community through volunteerism and provide opportunities for young persons to cultivate their character and their futures through education, public-service, and community involvement Richard C. Flora, Chair Roanoke County Board of Supervisors C. Nelson Harris, Mayor City of Roanoke Carl E. Tarpley, Mayor City of Salem Bradley E. Grose, Mayor Town of Vinton W. Wayne Angell, Chair Franklin County Board of Supervisors ACTION NO. ITEM NO. c-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28,2004 AGENDA ITEM: Proclamation declaring October 3-9,2004 as Fire Prevention Week in the County of Roanoke SUBMITTED BY: Richard E. Burch, Jr. Chief of Fire and Rescue APPROVED BY: Elmer C. Hodge é'1I County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: National Fire Prevention Week is October 3-9, 2004 and commemorates the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless, and destroyed more than 17,400 buildings. We would like to proclaim October 3-9, 2004 as Roanoke County Fire Prevention week and encourage citizens to participate in fire prevention activities at home, work, and school. In keeping with this year's theme "Test Your Smoke Alarms", we would also like to encourage all Roanoke County citizens to test their smoke alarms to make sure they are in proper working order. c-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 2004 PROCLAMATION DECLARING OCTOBER 3-9, 2004 AS FIRE PREVENTION WEEK IN THE COUNTY OF ROANOKE WHEREAS, cooking, heating, and electrical fires represent three of the nation's leading causes of home fires and are collectively responsible for nearly half of all home fires and almost one-third of the associated fire deaths; and WHEREAS, the vast majority of home cooking, heating, and electrical fires can be prevented by taking simple safety precautions; and WHEREAS, developing a home fire escape plan and practicing it at least twice a year are critical to escaping a fire safely; and WHEREAS, developing a home fire escape plan and practicing it at least twice a year are critical to escaping a fire safely; and WHEREAS, proper installation, testing, and maintenance of smoke alarms are part of a thorough home fire escape plan; and WHEREAS, by preventing the leading causes of home fires, and by developing and practicing a thorough home fire escape plan, people can greatly reduce their risk to fire; and WHEREAS, the Fire Prevention Week 2004 theme, "Test Your Smoke Alarms," teaches the public to properly maintain their smoke alarms and encourages people to develop a home fire escape plan, and WHEREAS, the fire service of Roanoke County is dedicated to the safety of life and property from the devastating effects of fire; and WHEREAS, the members of the fire service are joined by other concerned c-~ citizens of Roanoke County, as well as other emergency service providers and safety advocates, businesses, schools, service clubs, and organizations in their fire safety efforts; NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim the week of October 3 through October 9, 2004, as FIRE PREVENTION WEEK in Roanoke County and recognize this week in commemoration of the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless, and destroyed more than 17,400 buildings; and FURTHER, we call upon the citizens of Roanoke County to participate in fire prevention activities at home, work, and school, and to take the steps needed to make their homes and families safe in the event of a fire and remember this year's Fire Prevention Week slogan "Test Your Smoke Alarms". ACTION NO. E-I ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2004-2005 budget in accordance with Section 15.2-2507, Code of Virginia SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Elmer C. Hodge ê If County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is a public hearing to secure citizen's comments concerning amending the FY 2004-05 budget by adjusting the aggregate amount to be appropriated during the fiscal year. Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds 1 % of the total expenditures shown in the adopted budget or $500,000, whichever is lesser, the County must publish notice of a meeting and public hearing. The notice must state the County's intent to amend the budget and include a brief synopsis of the proposed budget amendment. This notice was published on September 21, 2004. 1. Appropriation of an amount not to exceed $30 million for the construction and equipping of a Public Safety Facility 2. Appropriation of an amount not to exceed $236,000 in grants for the CORTRAN program 3. Appropriation of an amount not to exceed $679.06 for dual enrollment revenues for schools 4. Appropriation of an amount not to exceed $1,275 for grant from the Virginia Commission for the Arts for schools Ë-l FISCAL IMPACT: None, as a result of the public hearing. Requests for appropriations will occur later on this agenda. STAFF RECOMMENDATION: It is recommended that the board hold the required public hearing. Board action appropriating funds as provided in this notice will occur later during this meeting. ACTION NO. GLB ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28,2004 Requests for public hearings and first reading for rezoning ordinances - consent agenda AGENDA ITEM: SUBMITTED BY: Janet Scheid Chief Planner Elmer C. Hodge ~J/ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for October 26.2004. The titles of these ordinances are as follows: 1. The petition of Roanoke Council of Garden Clubs, Inc. to rezone 2.37 acres from C1 C Office District with conditions to C1 C Office District with amended conditions and rezone .28 acres from R 1 Low Density Residential to C 1 C Office District with conditions in order to construct a general office located at 3640 Colonial Avenue and a portion of 3612 Parkwood Drive, Cave Spring Magisterial District. The petition of Roanoke Cheerleading Academy to obtain a special use permit to operate a commercial indoor sports and recreation facility located at 5205 Starkey Road, Cave Spring Magisterial District. 2. Maps are attached. More detailed information is available in the Clerk's Office. 1 GI-~ STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for October 26. 2004. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1-2, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. 2 , '. County of Roanoke Community Development Planning & Zoning For Staff Use OnI 5204 Bernard Dri'\le POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 '¡iljf~~4j,š ' Check type of application fùed (check all that apply) OJ Rezomng CJ Special Use 0 Variance A.£QNTACT: Samuel L. Lionber ger, Jr. "'t'~licaIi.tS name/ãaaress w tZlp , Roanoke Council of Garden Clubs, Inc. 3201 Brandon Ave. SW - Suite 2 Roanoke, Virginia 24018 . "". """'", ,'" , ,.',', " , , "", ,,'" G-I R!:.CeøCd by: PCIBZA date:" /0 0 '...' , ,," ' .. .... '-'.' ..' 0 Waiver CJ Administratjve Appe.al 5903 Starkey ÏtHOIrC¥ Roa~~~:~~Xéf.' 24014 Work: Cell #: Fax No.: Owner's name/address whip Sterling M and Rochelle R. Wardell 3612 Parkwood Drive SW Phone #: Work: Fax No. #: Property Location ~~g1 989-5426 725-2114 Magisterial District: Cave Spring Community Planning area: Cave Spring/Colonial Ave. Tax Map No.: 77. 18-03-i5 77 . 18-03-03 Size of parcel(s): Acres: 2.37 Existing Land Use: vacant ,-iij~;~f.~.~#f t1$Þ;'tfl.![IfttAjj,'~:!f~1£~f~i~t'.:~§{m. .,,_:~~'-,--" ..,,_:.~.~:...,- -.'_._~_.~-,.._.~-~_.,.._.._.. -..' Existing ZoDing: C-IC, R-1 Proposed Zoning: Proposed Land Use: C-1C Amend conditions on 3640 Colonial Ave SW Re-Zone rear portion of 3612 Parkwood Drive SW Does the parce1 meet the miWmum lot area, width, and frontage requiremcn:ts of the requested district? Yes X No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes X No ;/~; ::~;.':f~~~ ~,@«i?/íiif~M~~:ikjl_iiihÝ(j,l.:~~'...~,.., .,:,~~,.:.:~:~, ,..':..;.~~,.= ,.._~:,,-=...~.'...~: Yes X Vari.ancelWaiver of Section(s) No of the Roanoke County ZoIÚng Ordina:nce in order to: Appeal of Zoning AdmiDistrator's decision to Appeal of Interpretation of Section(s): Appeal of Interpretation of Zoning Map to of the Roanoke County Zoning Ordinmce APPLICATION WILL NOT BE ACCEPTED IF A:NY OF THESE RJSfW V/AA Application fee Proffers, if applicable Adjoining property oWDers er and am acting with the Jœowledge and' .., G-I t~~¥~\.~.~~¥iON FOR 'JŒid~G'...~~~~~'Þ~~:~~~~:.9:#:'~~~~~~~"~..:"_:_: .'~..-. ~-.~. :'.:~'.'~:-.:'.': .._'~:'-:'.:...... Applicant Roanoke Council of Garden Clubs, Inc. The Planning Commission will study ~ezoning, special use permit or waiver requests to determine the need 'änd justification for the change in tenns of public health, safety;'and general welfare. Please answer the following questions as tl;1oroughly as possible. Use additiona1 space if necessary. I, II Please explain how the request furthers the purposes of the RoaDoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning OrdiDmce. Amend Conditions # 1 and #6 of Ordinance # 022404-6 to ref!eèt new concept plan with 77 parking. spaces. Apply all amended proffers to new portion to be acquired containing .28 acres. This Request will provide a uniform C-IC zoning and proffers to the total property to be owned by the Roanoke Council of Garden Clubs, Inc. Please explain bow the proj~t confOrmB to the general guidelines and policies contained in the Roanoke County Community Plm. The development of this parcel to be acquired will provide for the extension of the agreed upon buffer between the Roanoke Council of Garden Clubs property and existing single family residences and permit additional parking on the initial parcel acquired. Please descn"be the impact(s) of the request on the property itself, the adjommg properties, and the SUITounding area, as well as the impacts on public services and facilities, mclucfu1g water/sewer, roads, schools. parks/recreation and fire and r~cue. The development and inclusion of this additional parcel (.28 ac) should have no additional impact on adjacent properties than that already approved in the referenced ordinance. ":I. . '-. " . ihur&day, June 03, 2004 12:30 PM Sterling Wardell 5(1).125-21 14 p.O2 G- ~ I") . ¡... ~ :J~ at ~..- . 12' P.u.!. 8 .ø:!!oo .W~,. ~ . LOT 6 LOT 7 LOT 8 I LOT 9 I I LOT 10~ SEC 04 . . f1.;. I ,. ~Q't C\I IIOHUIAENT ON GREEN ~ UHE I.IIK' HOft~ VALLEYS 3D' M. Z OF' ÇQIINiR aaølNoIL . LQT UNt -' 90'. TO 1HOMP~Nt; v.NE NOTES: 1. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TIM REPORT AND IS SUBJECT THERETO. THEREFORE, "THERE MAY EXIST ENCUMBRANCES VttIICH AFFECT THE PROPER\,( NOT SHO'NN HEREON. 2, THE SUBJECT PROPERTY IS WITHIN "THE UMITS OF ZONE .x' AS SHOWN ON'THE FEMAFtOOD INSURANCE RATE MAP. 'THIS DETERMINATION IS BASED ON SAID MAP AND HAS HOT BEEN "IERIFlED BY ~C7\JAL FIELD El.EVAl1ONS. 3. lHlS PLAT WAS PREPARED IN ACCORDANCE WITH REQUIREMENTS SET rORTH BY 'Tr E COM"ONWEALTH OF ViRGINIA FOR PHYSICAl.. IMPROVEMENT SURVEYS. I.tÇEN~¡ IiI.S.L- MINJI.4UIoI BUILDINa LINE W\.. 'fI11H I".U.£.- PUIJUC unuTY E~ENT No'\"- APM1MEHT SSNH.. SAAITAAY SE\'£R I./ANHOI.£ ClHw. O'ÆRHEAD WIRE OONo- CONCRETE: 1)- DECI( 0- CI$1IRH tOP- to<;E Of' P¡l,~tNT \r- NOW OR FOR...li:RL Y e~ÃrJOv::.é.. ,p: cou ~Cl L- a GAWç;¡,..\ CL-úr=><S N F PROPERTY N\F' PROPERTY OF WALTER C. HAMILTON JR I ET UX TAX NO 77.18-03-19' "~9'DO. E .' &87.55' ~. I ~r.¡ N\F PROPERTY OF PEGGY -JOHNSON . TAX NO 77.18-03-17 :. lRACT -S- . ~~ . -A~'2.J. 50' WIDE CURVE DAT~ II- 2a2.17' t.- u.or CIoI- C .JI:a!1r w 84.7" PARK WOOD DRIVE 2 STORY ClNDERSLOa< GARAGE W/M'T BRla< BH.E'Æ1. 7. , I GM.8, -BUILDING DETAIL. . NO SCAl.E ~ .. .. IoIAP REÆREHŒS: 1 SURVEY Fœ'aAUD~ D. a P,l.WNE CAR1ER BY ToP. P,¡.RKER O,l.TED OCT 10, ,.55 2. PLAT FOR HOWARD W. ~ E\IEl.. 'I'lol L. dJ. VTOII 8Y ~.B. . IoIALOOUoI .. !ON o,,-m OCT \1, 1"2, D.B. 7'-& PC. '05 3. 9JR~ f'OR .ar:m M. LlJCAS ~ T.P. P^,~KtR I: SON DATED HOV 3. 1977 '" Pl-"T FOft Q..AUDE þ. II P/'I\.IUHE: CAA'li1\ 8'r DA""D DICK 6; KMRT W"L1 DATED DEC 8. 1904-. 0.8. 774, PG 49Z . ñ SURVEY fOR. OLGA WARDELL HOTEl 'I'RACT". HÞ.S ERROR OF CLO$U~t Œ ~22' . I5URYrnlR MADE NO ATTEMFIT TO OORAECT MS ERROR LEGAL REFERÐlŒ: Þ.B. 1:s3! PO. 1211 SHOWING iRACT "B", l..3S8 ACRES SITUATE ON PARKWOOO DRIVE . ROANOI<E COUNTY. VIRGIN"" TAX' ]7.18-03-03 TPP&S T. P. fARm ~ SON N.B JR 217 DRAWNJO4J5 fI1!iþ It~OII'lCIlt,.. 818"~ CAIC- CHK'D_LRD 8IJ"VSyg"8 Poft. omoe ~ 18 -- . lID .. 1..""" N :,.. ~ 1\r¡I»Ja lUll SCALEI ,". 1 00 DAre e DEC ,2002 . D- !5184D 0.: 02-08115 "EXHIBIT An G- t LEGAL DESCRIPTION OF PARCEL TO BE RE-ZONED.. . . Beginning at a point 1.84' north of concrete monument at the northwest comer of Lot 6, Section 4, Green vaUeys Subdivision Plat and continuing N 30° 42' 00" W for 49.48' to a new iron pin, thence N 44° 49' 00" E for 245' to a new pin, thence S 30° 42' 00' E for 49.48' and thence S 45° OS' 00" W for 245' being a common property line with the rear property line of a portion of Lot 9, and Lots 8, 7, and 6 of Section 4, Green Valleys Subdivision to, the point of beginning and containing .2783 acres and being a portion of Tract "D", Section 4 of Green Valleys Subdivision. Post-it- Fax Note 7672 To 1\ ~ ßead = ~~ f'blfltJt1j 77'2.- 2102> . 0 NcI.c!Pag!5 \ T:xIa(5Da1e J. 22' o~r"lè from cleW ÁJtmA ~." Ilf fA) G-' lDcaI'aII ~ Cnæge Faz8 T e'e ñn . Fad ~. :?4Lt.6T{8'l.T,fep/ølel =è"o D~ DiIeUr. DCalII <¡:Dup c~ tw,u( ~ G~ Clubs ~(fe ~fP1A1 - N!ùlU4 J -1~.D4. .....- 0' t -~:, ~ ". t! So tUfl~SInt!2. ~ - 'f. ~ . - '!CJ'RAP!LI' AI' \... a IJ. , Þc \.. $1\b{ Der4 ¡:,O ~ 'rI4I!I£ DI!I1iJ[U)U EÐC«7 ~ 611£/SJW!f. UK PE:r'E:D,úJØl) l '1",1 rRNPtIJ{ tIA\'IØ 5 8ItJO i. DP5 ~ fJJII»JUL . . (tJWA1..~) . I - , . Ii> .D :::II Ü = ... 'E 3< . '"> ~~þ .... Ii .:=jð -g 'U ~~! ð~~ u .¥ 0 = CII c = T...I SplICeS 60 P.utKJl\¡Ç TOT.u.s ADA ; ~ s,..a 2 SUøcbIt Spoca .. .ä ---- "'d'" :: O~ ~ au g ~:~ +; i' ~U~ .~ oC 1 . ---.~ "'" 0# ! "".........-- ~ -" - . ~ --~ ," ------\---\- ." --- --- -= I~ . \ ~E"$E~Tl7L.4J~¿' CONCEPT SITE PLAN- -'-1"_. Iou I;. .-- -- .......... CoIIMII or CanIoo 0..- 3640 o.lDlIÍIII "....... aa-BCøIllØ)'. VA Tu....,-rm.IUHJ-CO ~ Fax Note 7672 . @ .......,. t ~ I" 22 0r- =- 'Ti~ =.. úf,,~ - ... 77f'J", 2.10& "-' ... ~ ~8f8t.,.,.., ""'.. ~- 0"'" Or-- ~I ,¡ &dut 1'Jø's ~úe - (J/Mt - 'fðlÚt/ I" 1~.oC\ . - L--~~.. ~ rJ. 11 e.. - ... -"'" ~ æ~~. ¿;D",øA11A ~ . ~ r.:= lJMl8I1f81f J. } J --- .... :;..- -. ..... .A ~ . .-" .~ -- ......~ ~f Ut-A. ~ "-_WA ........". fir., IHI ~.-=--.-. ---- G -, . 0"'" - . . .. ð 5 1!J S ~ '8.1 IS) BI I. a --d" :! 0" J Qui ~:~ +;1' ~u~ -PI. J Ø::;..; ~DP~Ë D ~A_~ ç' - ~ Zoning \ _AG3 '\ _Ej3 416 _AGI /' AR .AV CI .C2 - C2CVOO 11 .12 .PCD PRO .PTD RI R2 R3 R4 ~~.. Roanoke County Department of Community Development N Á Applicants Name: Roanoke Council of Garden Clubs, Inc. Existing Zoning: C-1C/R-1 Proposed Zoning: C-1 C Tax Map Number: 77.18-3-15 Magisterial District: Cave Spring 77.18-3-3 (Porlion) Acreage: +/- 2.6 Acres September 7, 2004 No Scale G-Q County of Roanoke Community Developmént Planning & Zoning For Staff Use Only 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 " .. .,., ",.", .. :\~iJ!~~1~if!J1~ Check type of appli7a 'on filed (check all that apply) 0 Rezoning Special Use 0 Variance 0 Waiver 0 Administrative Appeal Phone: 0;-40 ~ïì<.o- 1523 Work: ~~ i,~&J - iS2-3 Cell #: -- , ~ \rlð'L Fax No.: 540 ~ l. G, ~ " 62. Owner's name/address wlzip ~ '-'\I.dJ - -y ~Z' .J DV'- L- L. L l<?c)---t tJ ov"~"ots ~ ). .t~ VA :2-'1 J ç 3 Property Location 5205 St-O-fl<-C: Y J'2oO-d. Phone #: Work: Fax No. #: Magisterial District: C 0.. \f e. Community Planning area: C. Tax Map No.: Bl. \ 5 - 2- -, Existing Zoning: 2- Size of parcel(s): Acres: \ .2- 3 Existing Land Use: W O-'r t:-ho US 'C.... ,~fi~~ti{~~~ffß..i#. U$1f'f~tl#iT.~f~~,~~!¥J{~~:\W~(w} .. "'~--""""""_:Á""'-"_""__'__'-'~-'~""';'- Proposed Zoning: r 2- I 5 pc c.. \ 0- \ L~ <; c.. P <:.. y'(Y'\. ì + Proposed Land Use: \ e parcel meet the minimum lot area, width, and frontage requirements of the requested district? es No IF NO, A VARIANCE IS REQUIRED FIRST. es the parcel meet the minimum criteria for the requested Use Type? IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes Yes No No . ",- -"""~.~,'~¡-~,ï~,..~m~J{ pØ"@~tÏi!iiif¡~~miif,ij:j,íii~~~_~Æ(äi,.;':...:",,-¡._,._,--~,.-:. '::". -,'.",~", ,--.. ",,-,.,...;~.,:,', ,,',,",.:.-. VariancelWaiver of Section(s) N I A of the Roanoke County Zoning Ordinance in order to: . Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): Appeal of Interpretation of Zoning Map to of the Roanoke County Zoning Ordinance Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RlSfW V/AA RlSIW V/AA , RlSIW V/AA rn Consultation n 8112" x 11" concept plan §B Application fee Application ,A: Metes and bounds description Proffers, if applicable Justification ~ Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's age t or contract urchaser and am acting with the knowledge aDd co f the wner. 4Z- , """""""" " , .. ' , """.. """" """"" ",...." ,', .."',"," .' ",'" ' ~ro$1t)FJ;CNrtON FOR REZd~G; SP.E;,ëI@. U$..j>.$~T. dg; W~)I MqWt?r '-'~'-""""""'-""" ',',--"""-"'", """"."""."""".-."""""""..",«..,.."..".............,..',...., ""....,....,.., Applicant ~ðO-("\O\¿é:- (' The Planning Commission will study rezoning, special use permit or waiver requests to determine th eed and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as wen as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. /> ,,\'_..... ~ ì:.~\j~<~.',.j ì . //,,- Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Please describe the impact(s) of the request on the property itself, the adjoÏIÙDgproperties, 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. 3 f~:~i':~¡ïf:î~A:TION FOR "A1{JANêJt ~~~~:~1'" .' " . Applicant C?-~ Th of Zoning Appeals is required by Section 15.2-2309 of Ù1e Code of Virginia to consider the following factors before a varian- e can 'be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each fae r. If additional space is needed, use additional sheets of paper. shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the e. 2. The strict application of the zoning ordinance would produce undue hardship; a hardship that approaches confiscation (as distinguished from a special privilege or co enience) and would prohibit or unreasonably restrict the use of the property . 3. The hardship is not shared by other properties in the same zoning distri or vicinity. Such hardships should be addressed by the Board of Supervisors as amendments to the Zoning Ordinance. ~ '\. "\ \. 4. The variance will Dot be of a substantial detriment to the adjacent properties or the character of the dist:rlbt,~ .4 G-~ .:,~- "-"'- J It~~f~?~TIÖN FOR ADM)Ní~~~~.'~'~#e:,~~~~.~' .-W'..".-....' m "'--" ~licant . Pleas~nd to t!re following" thoroughly" possible. If addiriow 'pace ~ needed. use addirionaI Weets of pap", 1. Reasons 'for appeal: \ \ \ 2. Evidence supporting claim: " \ \. 5 G--~ . "..",,_.. I 1[~~~~~~#,-~LANcaiCKL~ST~- .~.._------_..,-- "",-_._,- . --...'-'-. """'-"""""-.""" --"" ",..,"...... ."","""'., .......,. ,. .. .',,' A concept plan of the proposed project must be submitted with the application. The concept plan sball graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and IruiY require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with. all rezoning, special use peimit, waiver and varÍa.Ilce applications. The plan should be prepared by a professional site plaDDer. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra hems, but the following are considered minimum: ALL APPUCANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties - g. All property line$ and easements h. All buildings, existing and proposed, and dimensions, floor area ~d heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development - j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional informatŽon requlredfor REZONING and SPECL4L USE PERMIT APPLICANTS k- Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants - p. Any proffered conditions at the site and how they are addressed - q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. '771anæ -7~\) Signature of applicant 8- :25--04 Date 6 G-'~ August 25. 2004 Roanoke Cheerleading Academis all star team, the Star City Spirit, got its start 3 years ago when owner Mandi St.John saw a need to take cheerleading in the Roanoke Valley to a whole new level. The all-star progÍ'am started out with 16 cheerleaders and in only three short seasons has grown to over 65 cheerleaders from Roanoke, Salem, Botetourt, Franklin County, PuIaski,and Blacksburg. In Star City Spirit's first year they were regional and local champions. Their high scores at competitions obtained them a bid to represent the Star City and compete at the Natiònallevel. Proud just to have made it that far Roanoke Cheerleading Academy competed at the National competition and won 1st plaèe being named "National Champions" something no cheerleading team in Roanoke or the surrounding areas have accomplished. Currently the property located at 5205 Starkey Road lies within the Industrial District of Roanoke County. Roanoke Cheerleading Academy is requesting to obtain a special use permit that falls within the commercial uses and continue our operation as an Indoor Sports and Recreation Facility. In the Community plan this property is designated Transition. According to the Roanoke County Community Plan Land Use Guide; "[t]ransition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development". Roanoke Cheerleading Academy falls within the future . land uses which is "suitable for office, institutional and small-scale coordinated retail uses". In addition to our all-star program, Roanoke Cheerleading Academy will continue to offer advanced stunt and tumbling classes to local high school teams who don't have the equÏpment or the certified coaching staff to teach these skills. RCA will also incorporate beginner to advanced classes that will be offered to the local recreation programs and the general public. This facility will be used for training purposes only, no competitions will be held at this site. Due to the athletic training we offer certain requirements and building accommodations have to be in place to carry out our activities and practices. For the past two years Roanoke Cheerleading Academy 4005 Chaparral Drivè Roanoke, VA 24018 . Phone Number 540-776-1523 G--~ RCA has looked allover the Roanoke and Salem area to find a building to house our athletes who deserve a nice facility to train in. However, the three buildings that we found to accommodate us because of their high ceilings and large open areas were either too expensive, had no bathroom facilities, or were in a location that we felt would be unsafe for our athletes. The building on Starkey Road is the perfect fit we've been searching for; it has over 25 foot ceiHng height, a large open space for our 54 X42 mats, and is in a location and price range that are suitable. Changes that will be made to the interior of the building include: .1. Sodium Vapor lighting throughout the facility 2. Tile floor in entrance and lobby 3. Carpet in office 4. Upgrade to heating and air conditioning unit 5. Painting throughout 6. An attractive outside entrance wm be put in The building located on 5205 Starkey Road currently has 45 parking paces around the building which Roanoke Cheerleading Academy will have total access to, as the majority of our classes are held in the evening which does not interfere with Hartwell Design's hours of operation. The maximum number of people that would occupy Roanoke Cheerleading Academy at one time would be approximately fifty. There are currently five people employed by Roanoke . Cheerleading Academy. The majority of our students are dropped off then picked up at various hours through the evening. In summary, Roanoke Cheerleading Academy would like to ask for your approval of a Special Use permit for Indoor Sports and Recreation Facility to operate out of 5205 Starkey Road zoned 1-2. Roanoke Cheerleading Academy 4005 Chaparral Drive Roanoke, VA 24018 . Phone Number 540-776-1523 PLA T SHOWING PROPERTY OF HENRY R. STECKER BEING 1.231 ACRE PARCEL (TAX #87.15-02-07) (DEED BOOK 1313, PAGE 183) TO BE CONVEYED TO LEWIS C. JAMISON SITUA T£D ALONG STARKEY ROAD CA VE SPRING MAGISTERIAL DISTRICT RQANOKE_CO_UNTY. VIRGINIA OCTOBER 28. 2003 BEARING N 87"46'43- S J7"58'35- E: ~ - ~ \. ~ -g nPK~ ,- ';õ, VI~ ~~ <~ en_~~ CS ¡:;;.n . VI ~ ~-~ ~ ~ -- ?;. 93fT' 0:><9- U\Ç!. t"1¡ ~~ en ..... TERMINAL ROAD - VA. SEC, RTE, #753 (50' R/W) 351.6Î ~/P- ,"'I -I':) -t">lk 5' ~/~~ ")1 '0 I!:!' ~I ':C1 EX. IP SIT PK ASPHALT UNOERGOUNo ElECTRIC FROM POL£ TO BUILDING ~ 46.9' 71.9' 217.2' EX. SLOPE EASMENT (0.8. -~4fj. PG. J54 .t o.B. 770, PG. 598) EX. 1 STORY METAL WARéHOUSE 15205 STARKEY ROAD CONCRtTE: TAX #87.15-02-07 . 1.231 AC, 335.8' 485.92' N 7319'50. W ASPHALT TAX 187.15-02-08 KEMBILL CORPORA TlON D.B. 1336, PC. 890 LOT 12. CRESCENT HEIGHTS MAP P.B. 1. PG. 256 NOTES: 1. THIS PROPERTY IS NOr LOCATED WITHIN THE UMITS OF A 100 'l£AR FLOOD BOUNDARY AS DESJGNATED BY FEMA. THIS OPINION IS BASED ON AN INSPECTION OF THE FLOOD INSURANCE: RA TE MAP AND HAS NOT BEEN VERIRED BY ACTUAL REl.D ELEVATIONS. SEE COMMUNITY PANEl. 1510190 0062 D. ZONE X. 2. THIS PLA T WAS PREPARED WITHOUT THE BENERT OF A CURRENT TlTl.E REPORT AND THERE MA Y EXIST ENCUMBRANCES WHICH AFFECT THE PROPERTY NOT SHOWN HEREON. J. THIS PLAT WAS PREPARED IN ACCORDANCE WITH REQUIREMENTS SET FORTH BY THE COMMONWtALTH OF VIRGINIA FOR PHYSICAL IMPROVEMENT SURVEYS. ----._------~."" - ~- ---- ----- = --~--= ---- -- ------- ---- - "-- - -- - ---- - - :¡=_":--§.---= - ----- ~~: ~~;¡~-~ DATE: LUMSDEN ASSOCIATES, P.c. ENG INEERS-SUR VEYORS-PLANNERS ROANOKE, VIRGINIA 4664 BRM1BlETON AVENUE PHONE: (540) 774-4411 P.O. BOX 20669 FAX: (540) 772-9445 ROANOKE. VIRGINIA 24018 E-MAil: MAll@lUMSDENPc.COM COMM. NO.: 03-354 CADD FilE: " " I '-.1 - I LEGEND Po8..' PLA T BOOK D.8. . DEED BOOK Pfl. PAGE- At:: ACRES' R/W RIGHT-OF-WA Y EX. EXISlING IP IRON PIN Of} OVERHEAD lJlILlTY :::\\: co 0 ~ SCALE, 1" = 50' F:\2003\O3354\SUR\O3354BAS.DWG. i ~ 9- ~ G~~ ~ 5424 ,-- J( '-----5120 ( 5207 5215 5223 \ 5231 \ 5125 5145 0 5161 .AG3 .EP .AG1 ÞR 15 0 0 .AV Ct .C2 - CæVOD It Crecent _12 .PCD PRD .PTD 7 5320 R1 R2 R3 R4 5283 543: ~ Roanoke County Department of Community Development N  Applicants Name: Roanoke Cheerleading Academy Existing Zoning: 12 Proposed Zoning: 12S Tax Map Number: 87.15-2-7 Magisterial District: Cave Spring Acreage: +/- 1.27 Acres September 7, 2004 No Scale ACTION NO. ~-I ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Second reading of an ordinance amending ordinance 52488-12 authorizing an amendment to the lease with Ingersoll Rand (Bogar, LLC) to provide for an early termination of a recreational lease SUBMITTED BY: Jill Loope, Assistant Director of Economic Development Pete Haislip, Director of Parks Recreation and Tourism Elmer C. Hodge é 1-/ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: Roanoke County has leased approximately 5 acres in the Hollins/Old Mountain Road area (adjacent to the Ingersoll Rand facility) for recreational purposes since 1988. This lease was established in agreement with Ingersoll Rand at a rate of $1.00 per year, and has been used primarily as a baseball/soccer field for County residents. The Ingersoll Rand property was sold to Bogar, LLC. in January 2004, and the new owners have requested that the County amend the lease agreement to allow them flexibility with the marketing and eventual sale of the property for industrial purposes. Specifically, they are requesting that the County agree to vacate the property within 90 days upon receipt of a written notice by the owners. It is understood that any notification will be predicated upon the pending sale of the property to an appropriate industrial user. FISCAL IMPACT: The cost of relocating any related facilities or equipment that may be necessary to establish a new location in the Hollins area. Cost will be determined following the development of a master plan for the area including the Hollins Park/Mason property. AL TERNATIVES: 1. Approve the amendment to the lease agreement. - . ,~.. \ 2. Maintain the current lease, which requires a written notice of termination by the owners within 90 days of the expiration date of the agreement. The absence of a termination notice results in an automatic renewal of the agreement for an additional 3 year term. The current agreement is in effect until April of 2007. STAFF RECOMMENDATION: Staff recommends Alternative 1, approve the amendment of the lease. :roO I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28,2004 ORDINANCE AMENDING ORDINANCE NO. 52488-12 AUTHORIZING AN AMENDMENT TO THE LEASE WITH INGERSOLL-RAND (BOGAR, LLC) TO PROVIDE FOR AN EARLY TERMINATION OF A RECREATIONAL LEASE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That on February 9, 1988, the Board of Supervisors adopted an ordinance authorizing the lease of approximately 5 acres from Ingersoll-Rand for recreational purposes (Ordinance No. 2988-6). The term of the lease was for a 25-year period. 2. That on May 24, 1988, the Board amended this lease to provide for a 3- year renewable term (Ordinance No. 52488-12). 3. That Bogar, LLC purchased the Ingersoll-Rand property and is the successor-in-interest to Ingersoll-Rand. It has requested an amendment to the lease to provide for an early termination upon 90 days written notice. 4. That pursuant to the provisions of § 18.04 of the Charter of Roanoke County, a first reading of an ordinance amending the lease was held on September 14, 2004; a second reading on this matter was held on September 28,2004. 5. That the amendment to the lease by Roanoke County from Ingersoll- Rand, now Bogar, LLC, of approximately 5 acres for recreational purposes to provide for an early termination of said lease is hereby authorized and approved. 6. That the County Administrator, or Assistant County Administrator, is authorized to execute such document and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon form approved by the County Attorney. ACTION NO. 3)-5 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (Appointed by District) The one-year term of Barbara Fasnacht, Catawba Magisterial District, expired on August 31,2004. 2. Grievance Panel The following three year terms will expire on October 10, 2004: Lee Blair, Alternate, and Joanne Thompson, Alternate. 3. Library Board (Appointed by District) Ms. Connie Goodman, who represents the Vinton Magisterial District, has resigned. Her four-year term will expire December 31,2004. 4. Parks and Recreation Advisory Commission (Appointed by District) The three-year term of Bobby G. Semones, Vinton Magisterial District, expired on June 30, 2004. 1 31-5 5. Roanoke Valley Area Metropolitan Planning Organization Community Advisory Committee (CAC) The late Lee B. Eddy served on this committee without a term limit. The County has three representatives on this Committee and the Board is asked to appoint a citizen and/or representative of the community, business, education, health care or civic interests rather than staff members. 2 KI-ß AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28,2004 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for September 28, 2004, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Approval of minutes - September 14, 2004 2. Confirmation of committee appointment to the Roanoke Valley Resource Authority 3. Resolution of appreciation upon the retirement of Philip J. Patrone, Police Department, following twenty-five years of service 4. Request from Unified Human Transportation Services (RADAR) to accept and appropriate a grant in the amount of $208,000 for the purchase of vans and to appropriate Section 5311 monies in the amount of $28,351 for operating costs 5. Request from schools to appropriate a grant in the amount of $1 ,275 from the Virginia Commission for the Arts 6. Request from schools to appropriate dual enrollment revenues in the amount of $679.06 7. Request to appropriate funds in an amount not to exceed $9,000 from the Board contingency account to Chandler Planning 8. Request to approve resolution authorizing the County of Roanoke to enter into a commercial credit card relationship with SunTrust Bank Card 1 k \- <6 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. 2 ACTION NO. K-Q ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Confirmation of committee appointment to the Roanoke Valley Resource Authority Diane S. Childers Clerk to the Board Elmer C. Hodge £,~ County Administrator SUBMITTED BY: APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke Valley Resouce Authority At the September 14, 2004 meeting, Supervisor Church nominated Keith Tenson to complete the unexpired portion of the vacant four-year term which will expire on December 31, 2005. Following a closed session discussion at the September 14 meeting, it was the consensus of the Board to place this nomination on the September 28 consent agenda for confirmation. STAFF RECOMMENDATION: It is recommended that the above appointment be confirmed. 1 ACTION NO. ITEM NO. K-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Resolution of appreciation upon the retirement of Philip J. Patrone, Police Department, after twenty-five years of service SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board Elmer C. Hodge E f'\ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Captain Patrone retired on September 1, 2004, after twenty-five years of service. He has requested that his resolution be mailed since he will be unable to attend a Board meeting. STAFF RECOMMENDATION: It is recommended that the Board approve the attached resolution and direct the Deputy Clerk to mail it to Mr. Patrone with the appreciation of the Board members for his many years of service to the County. )<-'3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28,2004 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF PHILIP J. PATRONE, POLICE DEPARTMENT, AFTER TWENTY-FIVE YEARS OF SERVICE WHEREAS, Philip J. Patrone was first employed by Roanoke County on May 1, 1979, as a Deputy Sheriff, and advanced to the rank of Captain; and WHEREAS, Captain Patrone was one of the original members of the Police Department which was established in 1990; and WHEREAS, Captain Patrone spent most of his career as a detective in investigations and became a polygraph examiner; and WHEREAS, Captain Patrone was promoted to sergeant in 1998 and worked in the Professional Standards Unit until 2002; and WHEREAS, Captain Patrone managed the investigations function and the Uniform Division prior to his retirement from Roanoke County on September 1, 2004, after twenty-five years of service; and WHEREAS, Captain Patrone, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the K- 3 citizens of Roanoke County to PHILIP J. PATRONE for twenty-five years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. 2 ACTION NO. ITEM NO. K-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 Request from Unified Human Transportation Services (RADAR) to accept and appropriate a grant in the amount of $208,000 for the purchase of vans and to appropriate Section 5311 monies in the amount of $28,351 for operating costs AGENDA ITEM: SUBMITTED BY: John M. Chambliss, Jr. Asst. County Administrator Elmer C. Hodge £" County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: Unified Human Transportation Services (RADAR), who operates the CORTRAN program on behalf of Roanoke County, has been advised by the Commonwealth of Virginia's Department of Rail and Public Transportation that they have been awarded a capital grant for the purchase offour replacement vans/lifts in the amount of $208,000. This represents $197,600 in State monies and $10,400 local match which will be paid by RADAR. These monies must pass through a local government entity and the application was approved in the name of Roanoke County. No local monies are involved as this is simply a pass- through grant. RADAR has also been advised that they will receive $28,351 in Section 5311 operating monies which is used to offset operating costs for the CORTRAN program in the rural areas of Roanoke County. RADAR monitors the request for service and offsets our operating expenses for qualified rides provided by the program. \<-y FISCAL IMPACT: No new local monies are required for these grants. The grant for the purchase of the vans uses state money and is matched by RADAR. The operating money for the CORTRAN program serves as the match for the 5311 monies. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of a grant in the amount of $208,000 to RADAR for the purchase of vans and appropriation of Section 5311 monies in the amount of $28,351 for operating costs. ACTION NO. ITEM NO. K-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Request from schools to appropriate a grant in the amount of $1,275 from the Virginia Commission for the Arts SUBMITTED BY: Dr. Lorraine Lange Assistant Superintendent of Instruction APPROVED BY: Elmer C. Hodge t).t County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Commission for the Arts provides grants for projects for the arts. Roanoke County schools received a grant in the amount of $1,275 from the commission. The funds will be used for the Center for Visual Arts curriculum writing and community resources. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends appropriation of Virginia Commission for the Arts grant in the amount of $1,275 for the Center for Visual Arts curriculum writing and community resources. ACTION NO. ITEM NO. K-l() AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 Request from schools to appropriate dual enrollment revenues in the amount of $679.06 AGENDA ITEM: SUBMITTED BY: Dr. Lorraine Lange Assistant Superintendent of Instruction Elmer C. Hodge t/l County Administrator APPROVED BY: COU NTY AD MI N ISTRA TO~: ~ SUMMARY OF INFORMATION: Virginia Western Community College (VWCC) did not bill one class during the second semester of the 2003-2004 school year. Roanoke County schools paid the bill and received $679.06 from VWCC for teacher salary and use of the building. Roanoke County schools requests that $679.06 be appropriated to the instructional program, budget code 797530-6501. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends appropriation of dual enrollment revenues in the amount of $679.06 to the instructional program. ACTION NO. ITEM NO. k-fl AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Request to appropriate funds in an amount not to exceed $9,000 from the Board contingency account to Chandler Planning SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The Board previously authorized engaging Dr. Michael Chandler to assist in the development of the revisions and amendments to the Comprehensive Plan. This action will appropriate funds from the Board's contingency account to pay for these professional services. Dr. Chandler has submitted an invoice dated September 13, 2004 in the amount of $2,968.74, which covers his services through August 31, 2004. Staff anticipates additional professional services from Dr. Chandler over the next several months until this process is completed. Therefore staff is requesting authority to pay future invoices from the Board contingency account in an amount not to exceed $9,000.00. FISCAL IMPACT: $9,000.00 from the Board contingency account. STAFF RECOMMENDATION: It is recommended that the Board authorize the expenditure of an amount not to exceed $9,000.00 to Chandler Planning from the Board contingency account. ACTION NO. ITEM NO. 1~~8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Request to adopt a resolution authorizing the County of Roanoke to enter into a commercial credit card relationship with SunTrust Bank Card SUBMITTED BY: Rebecca E. Owens Director of Finance Elmer C. Hodge ~ j/~~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The County of Roanoke has participated in a purchase card program since August 1997. The Purchase Card Program provides a service within our existing purchasing system to better support the operating needs of our departments. To ensure internal compliance with the purchasing card policies and procedures the Finance Department has instituted a monthly audit procedure of the purchasing cards for County and Schools departments. This procedure entails reviewing a random sample of purchasing card logs for attributes such as appropriate authorizations, purchases, coding, and documentation. The purchasing card policies and procedures and the audit procedures have proven to safeguard against misuse of the Purchasing Cards. The contract with our current provider of the purchasing cards, MBNA, expires November 30,2004. In March 2004, the County of Roanoke issued a Request for Proposal to enter into a contract with a qualified firm for the provision of purchasing card (credit card) services for small purchases for Roanoke County, Virginia. Responses were received from First Citizens Bank, National Bank of Commerce, J.P. Morgan Chase, MBNA, BB&T, SunTrust, Bank One and Mellon. A committee comprised of both County and School staff evaluated the proposals based on the qualification of the firm, depth of response to the requirements 1< -¥ section, depth of response to the preliminary work plan, details of the approach and methodology of the program, availability of electronic billing capability and online cardholder statements and other reports, training and customer support and reasonableness of cost of the proposal. As a result of the committee evaluation of the request for proposals based on the selection criteria and interviews with the top vendors, SunTrust was selected to provide the purchasing card service for the County. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends that the Board adopt the attached resolution that authorizes the County of Roanoke to enter into a commercial credit card account relationship with SunTrust Bank Card, N.A. \<-& AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28,2004 RESOLUTION AUTHORIZING THE COUNTY OF ROANOKE TO ENTER INTO A COMMERCIAL CREDIT CARD ACCOUNT RELATIONSHIP WITH SUNTRUST BANK CARD, N.A. ("BANK") WHEREAS, the County of Roanoke desires to enter into a commercial credit card account relationship with SunTrust Bank Card, N.A. (the "Bank") and NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the County of Roanoke enters into a commercial credit card account relationship with SunTrust Bank Card. 2. That the County Administrator or designee is authorized to enter into and execute on behalf of the County any agreements or documents the Bank may require in order to establish the commercial credit card account relationship upon form approved by the County Attorney. 3. That the County shall be bound by the terms and conditions of the agreements, all as now existing or as amended from time to time. 4. That the undersigned is authorized and directed to furnish said Bank a certified copy of this resolution, which resolution shall continue in full force and effect until written notice of modification or revocation of this resolution has been received by the Bank and the Bank has had reasonable time to act on such notice, and to furnish said Bank the names and specimen signature of the authorized person named herein, and such persons from time to time holding above positions. t<-<t 5. That the appropriate officers are hereby authorized and directed to execute, deliver and file all documents, certificates and instruments and to take all such further action as may be necessary or desirable in connection with and that are in conformity with the purposes and intent of this resolution. 2 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA 0- \ % of General Amount Fund Revenues $9,738,285 6.61 % Unaudited Balance at June 30, 2004 July 1, 2004 Explore Park Loan Repayment 20,000 Balance at September 28, 2004 9,758,285 Changes below this line are for information and planning purposes only. Balance from above $9,758,285 $9,758,285 6.63% 6.63% Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 2004 - 2005 General Fund Revenues $147,255,793 6.25% of General Fund Revenues $9,203,487 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge t" County Administrator Submitted By Approved By CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGIN IA O-Q Unaudited Balance at June 30, 2004 Amount $11,389,450.22 Balance at September 28, 2004 $11,389,450.22 Rebecca E. Owens Director of Finance Elmer C. Hodge t /1 County Administrator 0-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2004-2005 Original Budget $100,000.00 Balance at September 28, 2004 $100,000.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge £.11 County Administrator O-L\ FUTURE CAPITAL PROJECTS COUNTY OF ROANOKE, VIRGIN IA Savings from 1996-1997 debt budget Transfer from County Capital Projects Fund FY 1997 -1998 Original budget appropriation Savings from 1997-1998 debt fund FY1998-1999 Original budget appropriation FY1999-2000 Original budget appropriation Less increase in debt service Savings from 1998-1999 debt fund FY2000-2001 Original budget appropriation Less increase in debt service FY 2001-2002 Original budget appropriation Less increase in debt service Savings from 2001-02 debt fund FY 2002-2003 Original budget appropriation Less increase in debt service FY 2003-2004 Original budget appropriation Less increase in debt service FY 2004-2005 Original budget appropriation Less increase in debt service Balance at September 28, 2004 $ 670,000 1,113,043 2,000,000 321,772 2,000,000 2,000,000 (1,219,855) 780,145 495,363 2,000,000 (1,801,579) 198,421 2,000,000 (465,400) 116,594 1,651,194 2,000,000 (2,592,125) (592,125) 2,000,000 (2,202,725) (202,725) 2,000,000 (4,192,701) (2,192,701) $ 6,242,387 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ê]l County Administrator ACTION NO. ITEM NO. 0-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Accounts Paid - August 2004 SUBMITTED BY: Rebecca E. Owens Director of Finance Elmer C. Hodge tfJ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors Payroll 8/13/2004 Payroll 8/27/2004 Manual Checks Voids Grand Total Direct Deposit Checks Total $ $ $ 6,776,325.17 814,227.39 131,902.53 946,129.92 780,266.44 124,623.88 904,890.32 720.15 720.15 $ 8,628,065.56 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. FIN162 County of Roanoke, Virginia Page 4:1 1:26PM Date 9/9/2004 Schedule of Expenditures, Encumbrances and Appropriations For the 02 Month Period Ended 08/31/04 Year to Date Expend Expenditures & Encomb Monthly Outstanding & Encumbrance Unencumbered asa%of Fund 100 General Fund Budget Expenditures Eneumbrance Year to Date Balance Budget 0101 Legislative 336,720.00 31,179.71 4,359.50 81,692.59 255,027.41 24.26 0102 General & Financial Administra 9,007,642.00 974,980.45 45,819.17 1,828,087.40 7,179,554.60 20.30 0103 Electoral Board & Officials 272,397.00 12,102.70 0.00 25,366.79 247,030.21 9.31 0100 General Government Administrat 9,616,759.00 1,018,262.86 50,178.67 1,935,146.78 7,681,612.22 20.12 0201 Courts 1,126,363.00 71,205.87 0.00 159,606.83 966,756.17 14.17 0202 Other Judicial Support 729,685.00 60,825.08 0.00 118,617.27 611,067.73 16.26 0200 Judicial 1,856,048.00 132,030.95 0.00 278,224.10 1,577,823.90 14.99 0301 Law Enforcement & Traffic Cont 10,755,202.58 944,893.65 185,800.96 1,981,707.61 8,773,494.97 18.43 0302 Fire and Rescue 8,723,425.00 639,411.47 113,186.75 1,374,511.70 7,348,913.30 15.76 0303 Correction & Detention 5,804,127.00 414,776.92 8,135.06 781,311.89 5,022,815.11 13.46 0304 Animal Control 402,487.00 27,979.59 3,505.60 62,201.98 340,285.02 15.45 0300 Public Safety 25,685,241.58 2,027,061.63 310,628.37 4,199,733.18 21,485,508.40 16.35 0401 General Services 383,977.00 40,661.18 569.94 69,361.15 314,615.85 18.06 0402 Refuse Disposal 4,580,879.00 353,864.00 0.00 477,612.11 4,103,266.89 10.43 0403 Maint Buildings & Grounds 3,362,335.00 278,908.58 16,764.73 513,629.62 2,848,705.38 15.28 0404 Engineering 2,523,624.00 212,434.91 3.00 319,916.93 2,203,707.07 12.68 0405 Inspections 895,497.00 68,304.70 0.00 142,511.23 752,985.77 15.91 0406 Garage Complex 346,392.00 31,190.18 10,337.82 41,425.05 304,966.95 11.96 0400 Public Works 12,092,704.00 985,363.55 27,675.49 1,564,456.09 10,528,247.91 12.94 0501 Mental Health 0.00 7,330.44 0.00 16,410.79 16,410.79- .00 0503 Public Health 459,403.00 0.00 0.00 0.00 459,403.00 .00 0504 Social Services Administration 3,769,212.00 303,962.69 0.00 626,219.75 3,142,992.25 16.61 0505 Comprehensive Services Act 5,037,171.00 126,955.84 0.00 138,447.60 4,898,723.40 2.75 0506 Public Assistance 2,619,500.00 236,266.20 0.00 508,848.33 2,110,651.67 19.43 0507 Institutional Care 33,100.00 0.00 0.00 0.00 33,100.00 .00 0508 Social Services Organizations 168,585.00 0.00 0.00 0.00 168,585.00 .00 0500 Health and Welfare 12,086,971.00 674,515.17 0.00 1,289,926.47 10,797,044.53 10.67 0 I b FIN I 62 County of Roanoke, Virginia Page 2 4:1I:26PM Date 9/9/2004 Schedule of Expenditures, Encumbrances and Appropriations For the 02 Month Period Ended 08/31/04 Year to Date Expend Expenditures & Eocumb Moothly Outstanding & Encumbrance Unencumbered asa%of Fund 100 ~neralFund Budget Expenditures Eocumbraoce Year to Date Balance Budget 0601 Parks & Recreation 3,479,027.00 278,053.63 1,424.85 688,696.77 2,790,330.23 19.80 0602 Library 2,221,454.00 186,957.97 1,600.00 349,162.59 1,872,291.41 15.72 0603 Cultural Enrichment 167,068.00 79,083.00 0.00 79,083.00 87,985.00 47.34 0600 Parks, Recreation & Cultural 5,867,549.00 544,094.60 3,024.85 1,116,942.36 4,750,606.64 19.04 0701 Planning & Zoning 597,487.00 30,106.14 0.00 63,387.15 534,099.85 10.61 0702 Cooperative Extension Program 94,129.00 19.02 0.00 835.39 93,293.61 .89 0703 Economic Development 602,226.00 34,965.09 0.00 74,076.60 528,149.40 12.30 0705 Contribution to Human Service 95,050.00 77,083.00 0.00 77,083.00 17,967.00 81.10 0700 Community Development 1,388,892.00 142,173.25 0.00 215,382.14 1,173,509.86 15.51 0801 Employee Benefits 2,256,237.00 17,256.55 0.00 48,728.60 2,207,508.40 2.16 0802 Dixie Caverns Landfill Cleanup 35,000.00 1,647.29 0.00 1,714.56 33,285.44 4.90 0803 Miscellaneous 2,744,267.00 232,371.07 0.00 450,076.79 2,294,190.21 16.40 0804 Tax Relief/ElderIy & Handicapp 600,000.00 0.00 0.00 0.00 600,000.00 .00 0806 Refuse Credit Vinton 240,000.00 0.00 0.00 0.00 240,000.00 .00 0807 Contingency Balance 100,000.00 0.00 0.00 0.00 100,000.00 .00 0800 Non-Departmental 5,975,504.00 251,274.91 0.00 500,519.95 5,474,984.05 8.38 0901 Interfund Transfers Out 71,848,705.00 198,309.84 0.00 396,619.68 71,452,085.32 .55 0902 Intrafund Transfers Out 988,318.00 11,193.17 0.00 22,386.30 965,931. 70 2.27 0900 Transfers Out 72,837,023.00 209,503.01 0.00 419,005.98 72,418,017.02 .58 Grand Totals 147,406,691.58 5,984,279.93 391,507.38 11,519,337.05 135,887,354.53 7.82 0 ¡ 6' FINO53 County of Roanoke, Virginia Page I 4:08:41PM Date 9/912004 Statement of Estimated and Actual Revenues For the 02 Month Period Ended 08/31/04 Year to Date Revenues Monthly Year to Date Unrealized as a % of Fund 100 General Fund Budget Revenues Revenues Balance Budget 010 Real Estate Taxes 64,475,000 1,920,496 2,312,520 62,162,480 3.59 011 Personal Property Taxes 25,464,846 52,136- 207,876 25,256,970 .82 012 Public Service Corp Base 2,530,000 2,530,000 .00 013 Penalities & Interest On Prope 600,000 4,578- 31,788 568,212 5.30 014 Payment In Lieu Of Taxes 120,000 120,000 .00 020 Local Sales Tax 7,400,000 619,811 619,811 6,780,189 8.38 021 Consumers Utility Tax 6,955,377 711,781 961,865 5,993,511 13.83 022 Business License Tax 5,050,000 75,445 122,378 4,927,622 2.42 023 Franchise Tax 1,240,000 26,927 467,904 772,096 37.73 024 Motor Vehicle License Fees 1,760,000 24,482 57,788 1,702,212 3.28 025 Taxes On Recordation & Wills 1,195,000 86,450 86,450 1,108,550 7.23 026 Utility License Tax 470,000 27,004 50,799 419,201 10.81 027 Hotel & Motel Room Taxes 625,000 57,311 79,434 545,566 12.71 028 Taxes - Prepared Foods 2,860,000 253,971 254,196 2,605,804 8.89 029 Other Taxes 110,000 14,157 14,163 95,837 12.88 030 Animal Control Fees 28,177 1,253 3,033 25,144 10.76 031 Land and Building Fees 293,700 23,924 46,134 247,566 15.71 032 Pennits 243,650 28,084 58,654 184,996 24.07 034 Fees 43,050 7,837 15,227 27,823 35.37 037 Clerk of Court Fees 41,735 4,270 4,270 37,465 10.23 038 Photocopy Charges 25,000 193 193 24,807 .77 039 Fines and Forfeitures 599,200 65,589 66,949 532,251 11.l7 040 Revenues from Use of Money 400,000 60,337- 460,337 15.08- 041 Revenues From Use of Property 11,833 1,760 3,520 8,313 29.75 042 Charges for Services 3,486,554 316,760 390,172 3,096,382 11.l9 048 Charges for Public Sevices 2,694,267 259,589 513,873 2,180,394 19.07 050 Reimb-Shared Programs Salem 319,000 143,865 319,000 .00 051 Miscellaneous Revenue 53,250 28,917 32,192 21,058 60.45 056 Recovered Costs 750,189 12,371 13,870 736,319 1.85 060 Non-Categorical Aid 233,000 2,682 233,244 244- 100.11 061 Shared Expenses 4,879,037 357,744 553,836 4,325,201 IU5 064 Welfare & Social Servies-Categ 1,960,000 562,081 884,040 1,075,960 45.10 073 Other State Categorical Aid 4,978,781 1,178,811- 1,103,776- 6,082,557 22.17- 080 Welfare & Social Services 2,678,250 321,960- 3,000,210 12.02- 086 Other Categorical Aid 179,843 75,205- 74,926- 254,769 41.66- C) 093 Transfers 2,652,953 24,358 48,717 2,604,237 1.84 ) ()' FINO53 4:08:4IPM Fund 100 General Fund County of Roanoke, Virginia Statement of Estimated and Actual Revenues For the 02 Month Period Ended 08/31/04 Year to Date Revenues Unrealized Balance Page Date 2 9/9/2004 Grand Totals ReDort Parameters Fiscal Month Entered: 02 Report Date Entered: 08/31/04 Fiscal Year Ending Entered: 2,005 Budget Monthly Revenues 147,406,692 4,348,383 6,573,896 140,832,795 Year to Date Revenues as a % of Budget 4.46 0 I ()' Qll1unt~ nf ~n ann he 't~l.1(~~~~ntinll I- . . ~ z. , (;') ? - ~ ~ 0-1 DECLARING SEPTEMBER 13, 2004, AS VIC THOMAS DAY IN THE COUNTY OF ROANOKE WHEREAS, the Civitan Club of Roanoke, Inc., has set aside September 13, 2004, to honor A. Victor "Vic" Thomas, a member of the Civitan Club for over 30 years; and WHEREAS, Mr. Thomas was elected to the House of Delegates in 1974 and served 15 terms representing the 17th House District which includes portions of the Counties of Roanoke and Botetourt, and the City of Roanoke; and WHEREAS, as Delegate for the 17th District, Mr. Thomas supported Roanoke County's legislative initiatives which included adoption of the Roanoke County Charter and formation of the Roanoke Regional Airport Commission as well as many of the highway projects that affect the Roanoke Valley; and WHEREAS, during his terms as Delegate, Mr. Thomas served his constituents on the Agriculture Chesapeake and Natural Resources, Appropriations, and Rules committees; and WHEREAS, Mr. Thomas served his community through his membership in the Chamber of Commerce, American Legion and Woodmen of the World, in addition to the Civitan Club of Roanoke; and WHEREAS, the County is very appreciative of Mr. Thomas' support and activities through the years and wishes to recognize his service to the citizens of Roanoke County and the Roanoke Valley as a leader, family man, and supporter of the outdoors. NOW, THEREFORE, I, Richard C. Flora, Chairman of the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim and recognize September 13,2004, as VIC THOMAS DAY and call its significance to the attention of all its citizens. ~~.~ Diane S. Childers, Clerk ~,~.S> Cø ~ ~.... Richard C. Flora, Chairman ACTION NO. ITEM NO. Q-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28,2004 AGENDA ITEM: Work session to brief the Board on Virginia's Explore Park SUBMITTED BY: Debbie Pitts Executive Director APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the request of the Board, this time has been set aside to provide a briefing on the operations of Virginia's Explore Park. Tom Brock, President of the River Foundation, will provide information regarding the successful ventures at Explore Park, including the Explore Now initiative, as well as future development plans. Stan Lanford, Past Vice-Chair of the Virginia Recreational Facilities Authority (VRFA), will brief the Board on the significant accomplishments of Explore Park. Debbie Pitts, Executive Director, and Pete Haislip, Director of Parks, Recreation and Tourism, will also be present at the meeting. ACTION NO. ITEM NO. Q-J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 Work session to brief the Board on the joint funding of Capital Improvement Programs (CIP) with Roanoke County Schools AGENDA ITEM: SUBMITTED BY: Diane D. Hyatt Chief Financial Office APPROVED BY: Elmer C. Hodge tP County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Diane Hyatt and Penny Hodge, Director of Budget and Finance with Roanoke County Schools, would like to present a method to fund the future capital improvement programs of both the County and the Schools. This method was reviewed with the Chairs and Vice Chairs of the County Board and School Board on September 3, 2004. The School Board will be briefed on this concept in work session at their meeting on September 23, 2004. Staff would like to receive input on their suggestions from the Board. The Board will have time for further discussion at their Board Retreat on October 2, 2004. ACTION NO. ITEM NO. Q..3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28,2004 AGENDA ITEM: Work session to discuss proposed spot blight abatement program SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for the Board to discuss implementation of a spot blight abatement program. Please refer to Item S-2 in the agenda for background information and an outline of the proposed process to be followed. \~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28,2004 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. ACTION NO. ITEM NO. 5 -l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Request to adopt a resolution authorizing the execution of a comprehensive agreement pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 to design, develop and construct a new Public Safety Facility and certain radio system upgrades, to amend a contract with Construction Dynamics Group for construction management and value engineering, and to appropriate funds for these purposes SUBMITTED BY: Dan O'Donnell Assistant County Administrator APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Mr. Chairman and Members of the Board, The staff and I want to thank you for your support of the new Public Safety Building. As you know, this is a much needed facility that will house some of our most critical functions. We also express great appreciation to the three teams that expressed interest in this project and submitted proposals. Choosing among them has been difficult because of their professionalism and thoroughness. Our timing for construction is perfect. The nation is coming out of an economic slump and construction costs are beginning to rise. The financing that you authorized through VRA has been accomplished at very favorable rates. Departmental needs, now and for the future, have been thoroughly reviewed and planned. This is probably our best work yet at determining facility needs. Much of this is due to the new PPEA process which requires the architect, the contractor, and the County to work together. We have made sure the construction costs are favorable to the County and fair to the builder by including competition in the process and by using an independent construction management firm. Because of the complexity of the decision and because much of the information submitted by the two finalists is proprietary, we will review this with you in closed session. Based on the very detailed proposals, our recommendation will be based on three overall reasons: 1 s-} 1. One proposal has a decidedly better use of the available land. Less land is used for the building, reserving space for future expansion. 2. One has a firmer maximum project cost with fewer allowances and undefined terms and conditions. 3. One was more receptive to working in partnership with our independent contract manager. This serves as a valuable cost management/quality control tool for us. Again, I want to thank the Board and commend the staff. I especially want to recognize Dan O'Donnell for the work that he has done. SUMMARY OF INFORMATION: Since July 2004 staff, along with the assistance of the consultant team of Construction Dynamics and RCC Communications, have been involved in detailed design proposal review and competitive negotiations with Northrop-Grumman Corporation and Public Facility Consortium, LLC for the provision of a new Public Safety Building and Emergency Communications Center and the relocation and upgrading of the current emergency radio system. These negotiations are now nearing completion and we are prepared to recommend an award of a comprehensive agreement for the project. As the details of the proposals are proprietary under the PPEA legislation, we will be briefing the Board in closed session on the confidential information in the proposals prior to the item being considered for action by the Board. After a detailed review of proposals, qualifications of proposers and proposed project designs, in accordance with the criteria set forth in the Public Private Education Facilities and Infrastructure Act of 2002, staff, in consultation with Construction Dynamics Group, has determined that the proposal submitted and the comprehensive agreement currently being negotiated with is the best proposal and will provide the best value alternative for the citizens of Roanoke County. Representatives from Construction Dynamics Group along with County staff will be in attendance at the meeting and will be available to discuss the recommendation in detail. The criteria upon which this recommendation will be made are found in the County's PPEA guidelines entitled "Public-Private Education Facilities and Infrastructure Act of 2002 - County of Roanoke Procedures". The selection criteria are attached to this board report and are taken from section VI of the County's guidelines. This County policy will guide this and any future selection of PPEA project proposals, as outlined in Attachment A. PUBLIC SAFETY BUILDING SCOPE The need for the Public Safety Building has been well documented and accepted by the Board as a top capital project priority. The scope of this project will meet the needs of the public for a fully functional public safety communications center, and will provide for a secure location for the County's public safety agencies. 2 5-\ The scope of the project is as follows: 1. A New Public Safety Building of approximately 80,000 square feet, housing the following departments: Police, Fire and Rescue, Information Technology. 2. A New Emergency Communications Dispatch Center including 14 new completely equipped dispatch stations, a new Computer Aided Dispatch System, and new 911 telephone equipment. The Center is designed in accordance with National Fire Protection Association Section 1221 standards for emergency communications centers ensuring security and stability in the provision of emergency communications services. 3. A New Emergency Operations Center which serves as the command and control center for the management of major emergencies. 4. The relocation of the emergency radio system from the existing Public Safety Building, with communications capabilities remaining functional during the transition. Please note that the emergency radio system is not being upgraded to a digital system as part of this project due to recommendations of both proposers and RCC Communications. The current analog radio system functions well, but due to its nearing the end of its life cycle in the next several years the transition to digital will need to be planned and pursued in the very near future. As the radio system is shared by the City of Roanoke and the Town of Vinton, this upcoming project will need to be pursued on a regional cooperative basis. 5. An upgraded microwave system which will provide enhanced equipment compatible with a migration path to a digital radio system in the future. 6. Secure parking for 120 employees and open parking for 100 visitors. 7. Security enhancements including closed circuit television systems, security fencing for employee parking areas, a proximity reader card system for building access, bullet resistant materials for crucial portions of the building and a structural design to withstand natural disruptions including high winds and earthquakes. 8. Several out-buildings for storage of materials not suitable for storage in the main structure. 9. The site work includes a graded pad for the construction of a school warehouse. Subsequent funding will need to be identified for the construction of the warehouse and renovation to the existing public safety building on Peter's Creek Road when it is returned to the School Board as documented in the Memorandum of Understanding between the Board of Supervisors and the School Board approved by the Board of Supervisors at the July 27, 2004 Board meeting. Staff has received an informal estimate of the cost of the warehouse project. The cost estimate is $534,000. 3 5-1 AMENDMENT OF AGREEMENT WITH CONSTRUCTION DYNAMICS GROUP In addition to the award of the Comprehensive Agreement, staff is recommending that the current agreement with Construction Dynamics Group be amended to include construction management and value engineering services. This amendment will be done in accordance with the RFP issued for technical assistance for this project which allows for the inclusion of these services. It is crucial that construction management and design review be included in this project as the County needs to be able to ensure complete quality control on this vital public safety facility and its technical systems. APPROPRIATION OF PROJECT BUDGET Finally, the resolution calls for the appropriation of the project budget. As the cost proposals are confidential and proprietary until a comprehensive agreement is formally considered by the Board, the proposed budget will be included in the resolution prior to the recommendation of appropriation. Diane Hyatt will present the budget at the Board meeting. FISCAL IMPACT: The budget for the project will be handed out at the meeting. The known components will be as follows: Total Budget $ 799,874 157,507 11 ,467 $ Comprehensive Agreement (Not to Exceed) Construction Management I Value Engineering Contingency (10% of construction contract) Issuance costs Bond discount The total project budget will not exceed $30,000,000 as advertised. The sale of bonds through the Virginia Resources Authority (VRA) 2004 fall pool sale was closed on June 30, 2004. The County issued $22,170,000 of bonds in this sale. The balance that will be needed to complete this project is available in the Capital Fund Unappropriated Balance. The bonds sold through VRA were 30 year bonds, with coupons ranging from 2.9182% to 5.1377%. The True Interest Cost (TIC) of the bonds is 5.081 %. The debt service has been increased by $1,200,000 in the 2004-05 fiscal year to pay for the debt service on these bonds. An additional $248,980 will need to be added to the 2005-06 debt service to make the second year payment. The debt service will be level for the remainder of the life of the loan. 4 ~~I STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the resolution which: 1. Authorizes the County Administrator to Execute the Comprehensive Agreement with for the amount of upon completion of review of the draft agreement by legal counsel. Staff involved in reviewing the proposals in conjunction with Construction Dynamics Group and RCC Communications has determined that this is the best proposal and will provide the best long term value to the County based on the selection criteria attached. We believe choosing this proposal is in the best interest of the County based on the building design, the utilization of the site, facility security and the technological components of this proposal. 2. Authorize the County Administrator to amend the existing contract with Construction Dynamics Group for the provision of Construction Management and Value Engineering Services for $799,874. In order to ensure the high quality of design, construction and systems integration that this vital project calls for, we strongly recommend that Construction Dynamics Group (CDG) be retained to perform these services. CDG has been actively involved in proposal review and contract negotiations for this project and has an excellent track record of providing construction management services for a wide variety of public projects. 3. Appropriates the project budget in the amount of with revenue sources of $22,170,000 lease-revenue bonds and the remaining project balance from the Capital Fund Unappropriated Balance. 5 S-I Attachment A Below is the language taken directly from the County's PPEA selection criteria approved by the Board of Supervisors in April 2003. Proposal Evaluation and Selection Criteria Some or all of the following items may be considered in the evaluation and selection of PPEA proposals. In selecting proposals, all relevant information from both the Conceptual Stage and the Detailed Stage should be considered. The County reserves the right at all times to reject any proposal at anytime for any reason. A. Qualifications and Experience Factors to be considered in either phase of an agency or institution's review to determine whether the proposer possesses the requisite qualifications and experience may include, but are not necessarily limited to: 1. Experience, training and preparation with similar projects; 2. Demonstration of ability to perform work; 3. Demonstrated record of successful past performance, including timeliness of project delivery, compliance with plans and specifications, quality of workmanship, cost~ control and project safety; 4. Demonstrated conformance with applicable laws, codes, standards, regulations, and agreements on past projects; 5. Leadership structure; 6. Project manager's experience; 7. Management approach; 8. Project staffing plans, the skill levels of the proposed workforce, apprenticeship and other training programs offered for the project, and the proposed safety plans for the project; 9. Financial condition; and 10. Project ownership. B. Project Characteristics Factors to be considered in determining the project characteristics may include, but are not limited to: 1. Project definition; 2. Proposed project schedule; 3. Operation of the project; 4. Technology, technical feasibility; 5. Conformity to laws, regulations, and standards; 1 ~-I Attachment A 6. Environmental impacts; 7. Condemnation impacts; 8. State and local permits; and 9. Maintenance of the project. C. Project Financina Factors to be considered in determining whether the proposed project financing allows adequate access to the necessary capital to finance the project may include, but are not limited to: 1. Cost and cost benefit to the County; 2. Financing and the impact on the debt or debt burden of the County; 3. Financial plan, including overall feasibility and reliability of plan; operator's past performance with similar plans and similar projects; degree to which operator has conducted due diligence investigation and analysis of proposed financial plan and results of any such inquiries or studies. 4. Estimated cost; and 5. Life-cycle cost analysis; and 6. Identity of any third party that will provide financing for the project and the nature and time of its commitment. D. Project Benefit and Compatibility Factors to be considered in determining the proposed project's compatibility with the County's comprehensive or development plans and zoning ordinance include: 1. Community benefits, including the economic impact the project will have on the County and local community in terms of amount of tax revenue to be generated for the Commonwealth and the County, the number jobs generated for Virginia residents and level of pay and fringe benefits of such jobs, the training opportunities for apprenticeships and other training programs generated by the project and the number and value of subcontracts generated for Virginia subcontractors. 2. Community support or opposition, or both; 3. Public involvement strategy; 4. Compatibility with existing and planned facilities; and 5. Compatibility with local, regional, and state economic development efforts. 2 5-) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28,2004 RESOLUTION AUTHORIZING THE EXECUTION OF A COMPREHENSIVE AGREEMENT PURSUANT TO THE PUBLIC. PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 TO DESIGN, DEVELOP AND CONSTRUCT A NEW PUBLIC SAFETY FACILITY AND CERTAIN RADIO SYSTEM UPGRADES, TO AMEND A CONTRACT WITH CONSTRUCTION DYNAMICS GROUP FOR CONSTRUCTION MANAGEMENT AND VALUE ENGINEERING, AND TO APPROPRIATE FUNDS FOR THESE PURPOSES WHEREAS, Roanoke County, Virginia, (the "County") has an urgent need for a new public safety facility and radio system upgrades (the "Project"), and the Board of Supervisors of Roanoke County, Virginia, (the "Board") has included in its Capital Improvement Program plans for building such facilities; WHEREAS, the means traditionally used to procure new facility design and construction could result in limited flexibility in design and longer lead times for delivery of these facilities than desirable; WHEREAS, the General Assembly enacted the Public-Private Education Facilities and Infrastructure Act of 2002 ("PPEA"), which provides an alternative to traditional methods for procurement of new design and construction services; WHEREAS, the Board adopted its implementation procedures for the PPEA on May 13, 2003; WHEREAS, the Board subsequently received an unsolicited proposal pursuant to the PPEA from Northrop-Grumman Corporation to construct an emergency communications/public safety center and determined that it would be advantageous to the public to proceed under the PPEA; 1 s-¡ WHEREAS, the Board determined that proceeding with the procurement under the PPEA was likely to be advantageous to the public and that use of "competitive negotiation" procedures under the PPEA for the procurement of these facilities was likely to be more advantageous to the County and the public based upon (1) the probable scope, complexity, or urgency of the project, or (2) risk sharing, added value, economic benefit from the project that would not otherwise be available; WHEREAS, the Board then accepted the unsolicited proposal and invited competing proposals for the procurement of the emergency communications/public safety center; WHEREAS, the County received proposals from three offerors; Northrop- Grumman Corporation, Public Facilities Consortium, LLC and SafetyFirst; WHEREAS, The County engaged the services of qualified professionals not employed by the County to provide to the County independent analysis regarding the specifics, advantages, disadvantages, and long- and short-term costs of the proposals for this Project; WHEREAS, County staff has engaged in negotiation of a comprehensive agreement with , and a draft copy of the negotiated comprehensive agreement has been provided to the members of the Board of Supervisors; WHEREAS, the negotiated comprehensive agreement is within the scope of the procurement and the procurement's terms and conditions, is in the public interest, and the qualifying project for which it provides serves the public purpose under the criteria of Va. Code § 56-575.4.C.; 2 S~) NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: (1 ) The Board of Supervisors hereby finds that the qualifying Project to be performed under the negotiated comprehensive agreement with serves the public purpose under the criteria of Va. Code § 56-575.4.C; (2) The Board hereby determines in writing that is most qualified to implement this Project, and that it has made the best proposal. (3) The County Administrator is authorized to execute the comprehensive agreement on behalf of the County to build this Project, upon form approved by the County Attorney, and to take such actions as may be necessary and appropriate to implement the purposes of this resolution. (4) The Board recognizes that, given the length of the comprehensive agreement and the schedule within which it was negotiated and drafted, further minor revisions to it, primarily of a technical nature, may be necessary or desirable, and it therefore authorizes the County Administrator to execute on its behalf the comprehensive agreement with , and, prior to execution, to make any technical changes to it agreed upon by him and that do not materially affect its terms and conditions, provided that the County Attorney concurs with such technical changes. (5) The Board authorizes an amendment to the contract with Construction Dynamics Group to provide construction management and value engineering services for this Project. (6) The Board hereby appropriates the sum of to the Public Safety Building Project. This project is funded from $22,170,000 of lease 3 s~ ) revenue bonds sold through Virginia Resources Authority on June 30, 2004, and transferred from the Capital Unappropriated Balance. 4 ACTION NO. ITEM NO. 5-Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Request to adopt a resolution establishing a program for spot blight abatement SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The Board of Supervisors has observed instances of blighted or deteriorated areas developing in Roanoke County. These blighted or deteriorated areas are defined as areas with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light, and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these and other factors, are detrimental to the safety, health, morals or welfare of the community. Section 36-49.1: 1 of the Code of Virginia (see attached Exhibit A) grants any locality the power to acquire or repair any blighted property by exercise of the powers of eminent domain provided in Title 25.1 of the Code of Virginia. The locality shall also have the power to hold, clear, repair, manage or dispose of the property, and to recover the costs of repair or disposal from the owner. An outline of the procedures required to exercise these powers is attached as Exhibit B to this report. These procedures include a preliminary determination of blight by the County Administrator, 30 day notice to the property owner, and a public hearing after publication of notices before the Planning Commission for findings and recommendations. The Board may affirm, modify or reject the Planning ~-~ Commission's findings and recommendations, acquire the property by eminent domain, and file liens for costs of improvements or disposal. This program will allow the Board to consider exercising these powers on a case- by-case basis, after satisfying all due process requirements to protect the property rights of the owner. The Board would appropriate funds for each individual blight abatement action under this program based upon the plan for repair or disposition of the property. FISCAL IMPACT: Each property that is the subject of spot blight abatement shall be considered on a case-by-case basis by the Board. Therefore the Board can determine and limit any expenditure necessary for spot blight abatement as each situation develops and a plan of repair or disposal is approved. ALTERNATIVES: 1. Adopt the resolution establishing a program of spot blight abatement for Roanoke County. 2. Decline to adopt the resolution, continue to address these situations thru current procedures. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the attached resolution. Exhibit A 'S-~ § 36-49.1: 1. Spot blight abatement authorized; procedure. A. Notwithstanding any other provision of this article, an authority, or any locality, shall have the power to acquire or repair any blighted property, as defined in § 36-49, whether inside or outside of a conservation or redevelopment area, by exercise of the powers of eminent domain provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1, and, further, shall have the power to hold, clear, repair, manage or dispose of such property for purposes consistent with this title. In addition, the locality shall have the power to recover the costs of any repair or disposal of such property from the owner. This power shall be exercised only in accordance with the procedures set forth in this section. B. The chief executive or designated agency or authority of the locality shall make a preliminary determination that a property is blighted in accordance with this article. It shall notify the owner, specifying the reasons why the property is considered blighted. The owner shall have 30 days within which to respond with a plan to cure the blight within a reasonable time. C. If the owner fails to respond within the 30-day period with a plan that is acceptable to the chief executive of the agency, authority or locality, the agency, authority or locality (i) may request the local planning commission to conduct a public hearing and make findings and recommendations that shall be reported to the governing body of the locality concerning the repair or other disposition of the property in question and (ii) in the event a public hearing is scheduled, shall prepare a plan for the repair or other disposition of the property. D. Not less than three weeks prior to the date of the public hearing before the planning commission, the commission shall provide by regular and certified mail, notice of such hearing to (i) the owner of the blighted property or the agent designated by him for receipt of service of notices concerning the payment of real estate taxes within the locality; (ii) the abutting property owners in each direction, including those property owners immediately across the street or road from the property; and (iii) the representative neighborhood association, if any, for the immediate area. The notice shall include the plan for the intended repair or other disposition of the property. The notice of the public hearing shall be published at least twice, with not less than six days elapsing between the first and second publication in a newspaper published or having general circulation in the locality in which the property is located. The notice also shall be posted on the property. The notice shall specify the time and place of the hearing at which persons affected may appear and present their views, not less than six days nor more than 21 days after the second publication. E. The planning commission shall determine whether: 1. The owner has failed to cure the blight or present a reasonable plan to do so; Exhibit A S-à. 2. The property is blighted; 3. The plan for the repair or other disposition of the property is in accordance with the locally adopted comprehensive plan, zoning ordinances, and other applicable land use regulations; and 4. The property is located within an area listed on the National Register of Historic Places. In such instances, the planning commission shall consult with the locally established architectural review board, if any, regarding the proposed repair or other disposition of the property by the authority or governing body. F. The planning commission shall report its findings and recommendations concerning the property to the governing body. The governing body, upon receipt of such findings and recommendations, may, after an advertised public hearing, affirm, modify, or reject the planning commission's findings and recommendations. If the repair or other disposition of the property is approved, the authority, agency or locality may carry out the approved plan to repair or acquire and dispose of the property in accordance with the approved plan, the provisions of this section, and applicable law. The locality shall have a lien on all property so repaired or acquired under an approved plan to recover the cost of (i) improvements made by such locality to bring the blighted property into compliance with applicable building codes and (ii) disposal, if any. The lien authorized by this subsection shall be filed in the circuit court where the property is located and shall be subordinate to any prior liens of record. The governing body may recover its costs of repair from the owner of record of the property when the repairs were made at such time as the property is sold or disposed of by such owner. If the property is acquired by the governing body through eminent domain, the cost of repair may be recovered when the governing body sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any such sale. G. Notwithstanding the provisions of this section, unless otherwise provided for in Title 36, if the blighted property is occupied for personal residential purposes, the governing body, in approving the plan, shall not allow for an acquisition of such property if it would result in a displacement of the person or persons living in the premises. The provisions of this subsection shall not apply to acquisitions, under an approved plan, by any locality of property which has been condemned for human habitation for more than one year. In addition, such locality exercising the powers of eminent domain in accordance with Title 25.1, may provide for temporary relocation of any person living in the blighted property provided the relocation is within the financial means of such person. H. In lieu of the acquisition of blighted property by the exercise of the powers of eminent domain as herein provided, and in lieu of the exercise of other powers granted in subsections A through F, a locality may, by ordinance, declare any blighted property as defined in § 36-49 to constitute a nuisance, and thereupon Exhibit A ~-~ '" abate the nuisance pursuant to § 15.2-900 or § 15.2-1115. Such ordinance shall be adopted only after written notice by certified mail to the owner or owners at the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records. I. The provisions of this section shall be cumulative and shall be in addition to any remedies for spot blight abatement that may be authorized by law. (1994, 2nd Sp. Sess., cc. 5, 10; 1995, cc. 702, 827; 1996, c. 847; 1997, c. 572; 1998,cc.690, 898; 1999, cc.39,410,418;2001,c.482; 2003,c.940.) Exhibit B s-~ COUNTY OF ROANOKE SPOT BLIGHT ABATEMENT PROCESS PURSUANT TO VIRGINIA CODE Section 36-49.1:1 1. The Department of Community Development receives blighted property referrals from Board members, community groups, other County agencies and citizens. 2. All referred properties are entered into a blight database. The Department of Community Development investigates, begins a file on referred property and makes a preliminary blight assessment. A property can be considered blighted if it meets the standards set forth in Virqinia Code Sections 36-49 and 36-49.1: 1 and if it meets any of the following criteria: 1. It has been vacant and/or boarded for at least one year. 2. It has been the subject of documented complaints. 3. It is no longer being maintained for useful occupancy 4. It is dilapidated or lacks normal maintenance and upkeep. 5. It has been the subject of nuisance abatement actions undertaken by the County. 3. The Chief Building Official in coordination with the Blight Improvement Group (Health, Fire, Police, County Planning, and County Attorney) reviews properties on the referred blight list. Upon review of the property, a preliminary blight determination is made if the property meets the criteria for the Determination of Blighted Properties. 4. If condition of property is determined to be blighted by the Blight Improvement Group (BIG), the County Administrator, or his designee, sends a certified letter to the owner of record indicating a preliminary determination of blight and giving 30 days to cure the blight. 5. The Chief Building Official follows up to assist the owner toward resolution through compliance. Upon the owner's failure to eliminate the blight or failure to submit an acceptable plan to cure the blight, the Chief Building Official and BIG prepares a blight abatement plan and requests a hearing before the Planning Commission. 6. The Planning Commission schedules the matter for public hearing. Notice of the hearing must be sent 3 weeks prior by regular and certified mail to: Exhibit B S-~ a. owner(s) b. abutting owner(s) c. civic league or association, if any for the immediate area Notice must include plan for dealing with blight (Le., teardown, repair, etc.) Notice must also be published twice (with not less than 6 days elapsing between first and second publication). Notice shall also be posted on the property. Hearing must occur within 21 days of 2nd application. 7. The Planning Commission holds a public hearing and determines whether (1) property is blighted; (2) whether owner has failed to cure blight or develop a reasonable plan; (3) whether plan is in accordance with applicable law and (4) whether property is listed as historic. 8. The Planning Commission reports its findings to the Board of Supervisors. 9. Board of Supervisors holds advertised public hearing and affirms, modifies or rejects the Planning Commission findings. 1 O.lf Board of Supervisors approves repair or demolition, the Department of Community Development will solicit bids and will carry out a contract to abate the blight. 11. The owner of record is billed for the cost of blight abatement including administrative costs. If the owner fails to pay for the abatement, the costs will be collected by any manner provided by law for collection of state or local taxes. A lien shall be recorded to recover the County's costs and expenses. 12. If Board of Supervisors determines that it is necessary to acquire property by eminent domain in order to cure the blight, the matter is referred to the County Attorney's Office for condemnation suit. 13. Throughout the entire process, the Department of Community Development continues to work with the owner to gain voluntary compliance to eliminate blight. 2 ~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28,2004 RESOLUTION ESTABLISHING A PROGRAM FOR SPOT BLIGHT ABATEMENT IN ROANOKE COUNTY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has determined blighted or deteriorated areas and properties are developing in Roanoke County, and, WHEREAS, these blighted or deteriorated areas are defined as areas with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light, and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these and other factors, are detrimental to the safety, health, morals or welfare of the community; and, WHEREAS, the Board finds that the establishment of a spot blight abatement program in accordance with the provisions of Section 36-49.1: 1 of the Code of Virginia, 1950, as amended, is necessary and appropriate, and WHEREAS, that certain blighted, deteriorated or deteriorating areas are susceptible of conservation through appropriate public action and the elimination or prevention of the spread or increase of blight or deterioration in such areas is necessary for the public welfare and is a public purpose for which public money may be spent and private property acquired by purchase or by the power of eminent domain. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, c:::: ') v-, 1 ) That there is hereby established a spot blight abatement program for Roanoke County, in accordance with the provisions of Section 36-49.1: 1 of the Code of Virginia, 1950, as amended. 2) That the County Administrator shall develop procedural guidelines for the implementation of this program and the exercise of the spot blight abatement powers authorized by the Code of Virginia, in substantial conformity with Exhibit A, attached hereto and incorporated herein by reference. The County Administrator is authorized to delegate functions and activities as he deems appropriate. 3) That the County Administrator is granted the power and authority as may be necessary to commence spot blight abatement in Roanoke County, as provided in this Resolution and consistent with the provisions of law. 4) That this Resolution shall be effective immediately upon its adoption. ACTION NO. ITEM NO. T-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: First reading of an ordinance amending the Roanoke County Code Section 21-73, General Prerequisites To Grant of Division 3. Exemption For Elderly And Disabled Persons of Chapter 21. Taxation to increase the various asset threshold amount provisions for real estate tax exemption for the elderly and handicapped SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTSj ~~~ SUMMARY OF INFORMATION: This is the first reading of an ordinance amending Section 21-73 of the Roanoke County Code to increase the various asset threshold amount provisions for the elderly and disabled persons real estate tax exemptions. The 2004 session of the Virginia General Assembly amended Section 58.1-3211 of the State Code which establishes the various restrictions, limitations, and conditions on the authority of local governments to adopt real estate exemptions for elderly and handicapped persons. The General Assembly has authorized the governing bodies of counties, cities, and towns to adopt an ordinance to provide for the exemption from, deferral of, or a combination program of exemptions from and deferrals of real estate taxation for elderly or disabled property owners subject to certain conditions and in such amounts as the ordinance may allow and the enabling legislation may authorize. Roanoke County has adopted the exemption instead of deferral program for local real estate taxes for eligible citizens. The Board has budgeted $600,000 for this exemption program in the current fiscal year. There are 1,386 persons in this program; and 1,463 parcels of real estate. T-\ This real estate property tax relief program is authorized by Article X, Section 6 (b) of the Constitution of Virginia. The exemption is intended to provide relief to those elderly or disabled persons whose real estate property tax burden is deemed to be excessive in comparison with their income and financial worth. There are three conditions in calculating eligibility for this exemption: 1. 2. 3. Total combined income cannot exceed $50,000 Total combined net worth cannot exceed $100,000 The net worth amount shall not include the value of the sole dwelling house and up to one acre of land. Roanoke County excludes an amount up to $6,500 of income of each relative who is not the spouse of an eligible owner living in the dwelling and who does not qualify for the exemption. The recent amendments by the General Assembly increased this amount ($6,500) to $10,000; it increased the net combined financial worth to $200,000; and it allowed excluding the value of the sole dwelling and land not to exceed 10 acres from this calculation. The draft ordinance recommends increasing from $6,500 to $10,000 of income of each relative who is not the spouse of the owner living in the dwelling house and who does not qualify for the exemption from the $50,000 total combined income limitation. The ordinance does not recommend increasing the total combined net worth from $100,000 to $200,000. The ordinance does not recommend increasing the value of acreage from one acre to ten acres in calculating the total combined net worth of the owner and spouse. Finally the ordinance allows exempting the income of a relative or the relative's spouse who moves in and provides care for an eligible person in order to avoid going into a hospital, nursing home, convalescent home, or other similar facility. The current total combined income and total combined net worth limitations appear to be appropriate for Roanoke County based upon median family income statistical data. The higher dollar limits are more appropriate for the more expensive Northern Virginia and Tidewater areas of the Commonwealth. Roanoke County's program provides real estate tax relief to elderly and handicapped citizens of modest means while assisting them in alleviating an undue real estate tax burden. By excluding the value of the sole dwelling house and up to one acre of land from the total combined net worth calculation, the County helps these qualifying citizens to retain the family home. At the same time this exemption program does not shift an undue tax burden to young families with children. 2 T-I The ordinance grants a tax exemption to eligible persons based upon financial need and ability to pay, while balancing the tax burden among the generations. FISCAL IMPACT: The County has budgeted $600,000 in this fiscal year for this real estate exemption program. Staff believes that these amendments can be accommodated within the existing approved budget. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the proposed ordinance. The first reading and public hearing is scheduled for September 28, 2004; second reading would be scheduled for October 12, 2004. If adopted this ordinance would become effective for the tax year beginning January 1, 2005. 3 T- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 28, 2004 ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY AMENDING SECTION 21-73, GENERAL PREREQUISITES TO GRANT OF DIVISION 3. EXEMPTION FOR ELDERLY AND DISABLED PERSONS OF CHAPTER 21. TAXATION TO INCREASE THE VARIOUS ASSET THRESHOLD AMOUNT PROVISIONS FOR REAL ESTATE TAX EXEMPTION FOR THE ELDERLY AND HANDICAPPED WHEREAS, Section 21-73 of the Roanoke County Code establishes a restriction upon the total combined income for the exemption from or deferral of real estate taxes for certain elderly or permanently or totally disabled persons; and WHEREAS, Ordinance 84-232 adopted on December 18, 1984, increased this financial restriction from $15,000 to $18,000, and Ordinance 22388-9 adopted February 23, 1988, increased this financial restriction from $18,000 to $22,000, and Ordinance 82791-10 adopted August 27, 1991, increased this financial restriction from $22,000 to $30,000; Ordinance 052201-14 adopted May 22, 2001, increased this financial restriction from $30,000 to $50,000; and WHEREAS, the 2004 General Assembly for the Commonwealth of Virginia amended Section 58.1-3211 of the 1950 Code of Virginia by increasing various asset threshold amounts; and WHEREAS, the first reading and public hearing on this ordinance was held on September 28, 2004; and the second reading was held on October 14, 2004. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: T~I 1. That Section 21-73, General prerequisites to arant of Division 3. Exemption for elderly and disabled persons of Chapter 21, Taxation be amended to read and provide as follows: Sec. 21-73. General prerequisites to qrant. Exemptions provided for in this division shall be granted only if the following conditions are met: (1 ) That the total combined income, during the immediately preceding calendar year, from all sources, of the owner of the dwelling and his relatives living therein did not exceed fifty thousand dollars ($50,000); provided, however, that the first sixty five hundred dollars ($6,500) ten thousand dot!.êr§J$10,000) of income of each relative, other than the spouse of the owner, who is living in the dwelling shall not be included in such total. (2) That the owner and his spouse did not have a total combined net worth, including all equitable interests, exceeding one hundred thousand dollars ($100,000.00) as of December 31 of the immediately preceding calendar year. The amount of net worth specified herein shall not include the value of the sole dwelling house and up to one (1) acre of land. (3) ~hstand¡nq sub-section (1) a~ a person qualifies for an exempt!9..0. and if that person can prove by clear and convincina evidence that his or her physical or mental health has deteriorated to the point that the only alternative to permanently residina in a hospital, nursina home. convalescent home or other facility or physical or mental care is to have a relative move in and provide care for that person. and if a relative does then move in for that purpose. then none of the income of the relative or of the relatives spouse shall be counted towards the income limit. provided the owner of the residence has not 2 T..-, ( transferred assets in excess of ten thousand dollars ($..:! 0,000) w!!.hout aqequate consideration within a three year period prior to or after the relative moves into such residence. 2. That this ordinance shall be in full force and effect from and after January 1, 2005, and it shall become effective for the 2005 real estate tax year. 3 U-\ PETITIONER: CASE NUMBER: Comprehensive Plan 7/2004 Planning Commission Hearing Date: October 5, 2004(Continued from July 6, 2004) Board of Supervisors Hearing Date: October 26,2004 (Continued from July 27,2004) A. REQUEST Public Hearing to receive public comments on a proposal to adopt a revised Community (Comprehensive) Plan for Roanoke County, Virginia. The proposed Community Plan is comprised of both text and maps. Once recommended by the Planning Commission and adopted by the Board of Supervisors, the plan will serve as a general guide for a long range use and development of all land within Roanoke County. The proposed plan has been prepared in accordance with guidelines contained in Sections 15.2-2223 and 2224 of the Code of Virginia, and Section 30-8-1 of the Roanoke County Zoning Ordinance. B. CITIZEN COMMENTS Eight citizens spoke. Concerns were expressed regarding the following: 1) rural densities should be increased; 2) Section 2232 review should not be required; 3) need more residential development; 4) need more specific information and more time to review it; 5) need more citizen participation; 6) transportation section needs to be more closely linked to growth management section; 7) rural areas need to be preserved. In addition, Mr. Bob Flynn spoke representing the Roanoke Regional Home Builders Association. He expressed concern that the areas projected for growth will not be areas where land is available for sale or that the land may not be developable. His organization is concerned with any form of an urban service boundary. C. SUMMARY OF COMMISSION DISCUSSION The Commission expressed thanks to citizens for their continued participation in the process. D. CONDITIONS E. COMMISSION ACTION(S) Voted to continue this petition for 60 days. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: - Concept Plan - Staff Report - Vicinity Map - Other Janet Scheid, Secretary Roanoke County Planning Commission 2 PETITIONER: CASE NUMBER: Pinkerton Properties LLC (Rezoning) 20-8/2004 u-~ Planning Commission Hearing Date: Board of Supervisors Hearing Date: September 7,2004 (Continued from 8/3104) September 28, 2004 (Continued from 8/24/04) A. REQUEST The petition of Pinkerton Properties, LLC to rezone 6.15 acres from R1 Low Density Residential District to R3 Medium Density Multi Family District with conditions in order to construct townhouses, located at the northerly end of Byron Road, Catawba Magisterial District. B. CITIZEN COMMENTS Tim Witt (2628 Embassy Drive) - Expressed concerns with water runoff and sewer backups. Mr. Witt was also concerned with the speed of drivers in the area. Mr. Witt expressed support of this project instead of a by right R-1 development. Giles Gilley (2828 Emissary Drive) - Expressed concerns with water runoff and the detention facility being so close to his backyard. Mr. Gilley also has a concern with the structural integrity of the detention facility. Mr. Gilley felt more comfortable with the project after talking extensively with the staff. Craig Dickerson (2817 Emissary Drive) - Mr. Dickerson came opposed to the project and had a signed petition against the project. Mr. Dickerson changed his mind but felt that he had an obligation to the citizens who filled out the petition to read it before the planning commission. Mr. Dickerson read the petition which expressed the concerns of runoff and traffic. The petition also stated that though they did not support this request they did not want to interfere with the best interests and wishes of their neighbors who adjoin this property. Tim Murphy (5628 Ambassador Drive) - Concerns with road and patio homes close to the property line. Mr. Murphy is also concerned with buffering. Mr. Murphy believes that with the proffers offered this plan would be less detrimental to his property than something that can be done by right. Darissa Thompson (4728 Diplomat Drive) - Expressed concerns with traffic. Gerald Curtis - (2628 Embassy Drive) - Expressed concerns with traffic, stormwater problems, speeding motorists, and how the patio homes fit in the neighborhood. Heather Ashley (2608 Embassy Drive) - Requested approval for the rezoning because she felt that traffic concerns would be less than a single family neighborhood. Diana Morehart (5719 Deputy Drive) - Felt that a study needed to take place to see if the schools could handle the development. She also felt that traffic was horrible and cars parked along the street. C. SUMMARY OF COMMISSION DISCUSSION Mr. Chris Lowe presented the staff report. D. CONDITIONS 1. The property will be developed in substantial conformity with the "Revised Townhouse Development August 20,2004, Proposed 28 Townhouses Proposed Zoning R-3, 6.15 Acres", prepared by T.P. Parker & Son attached hereto. 2. Wherever possible, existing vegetation shall be preserved and incorporated into the buffering requirements. Screening and buffering in that area of the development adjoining Tax Map No. 036.19-01-12.00 shall utilize Type (A) Buffer, 1 E. Option 2 with an eight (8) foot vinyl screening fence instead of the six (6) foot screening required. U - à.., COMMISSION ACTION(S) Ms. Hooker made the motion to recommend approval of the rezoning with conditions. Motion carried 4-0. F. DISSENTING PERSPECTIVE G. ATTACHMENTS: - Concept Plan - Staff Report - Vicinity Map - Other Janet Scheid, Secretary Roanoke County Planning Commission 2 Location: Magisterial District: STAFF REPORT Pinkerton Properties LLC Rezone Approximately 6.15 Acres of R-l Single Family Residential to R-3 Multi-Family Residential. Northerly end of Byron Road, NW Roanoke County Catawba u~~ Petitioner: Request: Staff Suggestions: Staff suggests the following proffers: 1. The site plan shall generally conform to the Master Development Plan dated August 20,2004 developed by T.P. Parker & Son. 2. Wherever possible, existing vegetation shall be preserved and incorporated into the buffering requirements. Screening and buffering in that area of the development adjoining Tax Map No 036.19-01-12.00 (Murphy Property) shall utilize Type (A) Buffer, Option 2 with an eight (8) foot vinyl screening fence instead of the six (6) foot screening required. EXECUTIVE SUMMARY: This is a rezoning request to change approximately 6.15 acres of R-I, Low Density Single Family Residential to R-3 Medium Density Multi-Family Residential. Currently R-I zoned property allows I lot per 7200 square feet (approximately 6 lots per acre) which would be 37 lots by right for this property. This is not taking into consideration the necessary acreage for public road, utilities, or stonnwater management. The proposal is for a zoning change to R-3 to allow for a 28 unit, single story patio home (townhouse) development. The site is designated as Neighborhood Conservation and Transition in the 1998 Roanoke County Community Plan. 1. APPLICABLE REGULATIONS I. Site Plan Review required. 2. VDOT approval required. 3. R-l Zoning, 1 lot per 7,200 square feet (37 units by right) 4. R-3 Zoning, 12 units per acre (73 units by right without proffers) and Use and Design Standards, 30-82-14. 2. ANALYSIS OF EXISTING CONDITIONS Background -This site consists of two vacant lots. A portion of this site was a neighborhood swim club that closed and was subsequently tom down. The property serves as a buffer between existing vacant property along Rt. 419 zoned C-2C and existing R-I single family homes located along Embassy, Emissary, Byron, Ambassador, and Deputy Drives. The C-2C and R-l zoning are divided by AEP power lines. This petition has no effect on the C-2C property. 1 l\~~ Topography/Vegetation - The site slopes gently from east to west and has a dense concentration of mature vegetation with the exception of an AEP right-of-way which borders the property and the former swim club area. Surrounding Neighborhood - The surrounding neighborhood consists of a mix of commercial and residential properties. To the north, R-l established single family homes with access off of Deputy Drive adjoin this property. To the east, R-l single family homes with access off of Ambassador and Emissary Drives adjoin this property. To the south, R-l established single family homes adjoin this property. The vacant property to the west is a portion of one of the tracts subject to this rezoning action and is zoned C-2C. This portion of the property fronts on Route 419 and is not part of the petition. 3. ANALYSIS OF PROPOSED DEVELOPMENT Background - The property consists of two parcels surrounded by single family homes and a vacant commercial property. A portion of the property use to be the site of a neighborhood swimming pool. The applicant bought this property approximately 18 months ago with plans to develop a housing development. Site Layout/Architecture - The applicant intends to develop a 28 unit, single story patio home (townhouse) development. Petitioner states that minimum starting price for a patio home will be approximately $160,000. The patio homes will be 1 story, 2 bedroom units. There are eight (8) different clusters of units ranging from 2 units to 4 units per cluster. Conceptual layout plan shows that the limits of grading will leave some undisturbed areas. Those areas are along the northern property line with the adjoining property owners along Deputy Drive and 5 of the 6 property owners on Embassy Drive along the southern property line. Grading will occur up the property lines of Mr. and Mrs. Murphy. This will take out a portion of mature vegetation that currently provides a buffer between the Murphy's property and the petitioner's property. The Murphy's have requested a proffer stating that the applicant will provide an 8' opaque screening fence along their adjoining property lines. Section 30-92 of the Roanoke County Zoning Ordinance, requires a Type (A) Buffer for R-3 Developments along R-l property lines. There are two options available. Option 1 requires a twenty (20) foot buffer, consisting of large trees, one (I) row of evergreen shrubs and one (I) row of deciduous shrubs. Option 2 requires a fifteen (15) foot buffer, consisting of one (1) large and three (3) small trees for every seventy-five (75), six (6) foot screening (fence, etc.) and two (2) large shrubs for every ten (10) feet. Staff has recommended as a proffer, Option 2, a fifteen (IS) foot buffer, but with an eight (8) foot tall screening fence instead of six (6), and the required landscaping along the entire adjoining property line of property 036.19-01-12.00-0000 (Mr. and Mrs. Murphy's Property). Access/Traffic Circulation - Access to the development will be an extension of the existing Byron Road which currently ends in a cul-de-sac. It has not been determined whether the applicant will develop a private or public extension of Byron Drive. The Roanoke County Traffic Engineer states that 28 residential townhouse units would generate approximately 218 trips per day. This traffic calculation is less than a single-family detached housing development with 19 units which would generate 226 trips per day. Mr. Ford utilized the 6th edition ofthe ITE Trip Generation Manual and Land Use Code (230), and utilized the "fitted curve equation". V DOT had no significant concerns and will address any future concerns during site plan review. 2 lk- J., Fire & RescuelUtilities - Property is located approximately 5 miles from Hollins Fire Station. 6- 8 Minute response times expected for this site. There is no adverse impact on Fire and Rescue for this development. Water and sewer utilities are available to this development. Department of Economic Development - Economic Development has no objections. Community Meeting - On Thursday, July 29, a community meeting was held at the Kessler Mill Training Center. Approximately 40 people were present to hear the proposed petition, ask questions, and voice their concerns. The majority of the concerns addressed stOrn1water runoff and traffic. The past history of stOrn1water problems in this area fueled many of the concerns. Residents were advised that stonnwater management procedures would have to be followed according to Roanoke County Drainage Standards or site plans would not be approved. It was explained by County staff that drainage conditions would actually improve if this site was developed compared to existing conditions there now due to the construction of a stOrn1water management facility.. Traffic was a concern also with the residents. Residents felt that increased housing in the area would cause a traffic increase and would create an unsafe environment for children in the area. At the conclusion of the meeting, County staff requested that the petitioner provide a "by-right" R-llayout so that County staff could estimate traffic counts, number of units, buffers, units' proximity to adjoining residences and stOrn1water implications. A conceptual R-l by-right plan was submitted the following week. Staff has analyzed this R-l conceptual plan and come to the following conclusions: 1. The R-l conceptual plan shows 19 single-family homes compared to the 28 patio homes requested by the petitioner. 2. Stonnwater management remains relatively the same between the R-l and the proposed R-3. The R -1 conceptual plan would produce an insignificant amount of increase of impervious surfaces which would then increase the size required for the drainage basin, but not by a significant amount. 3. The traffic count for the proposed R-3 28 patio homes is estimated to be approximately 218 trips per day. The traffic count for the conceptual R-l plan is estimated to be approximately 226 trips per day. Again an increase for the conceptual R-1 plan but not a significant increase. 4. Distances from proposed units to adjoining property lines: Adjacent Residence Proposed R-3 Zoning Conceptual R -1 Zoning 2817 Byron (Paxton) 2816 Byron (Lucas) 5628 Ambassador (Murphy) 5628 Ambassador (Murphy) 35' 26' 18.5' (Unit 24) 35' (Unit 25) 15' 10' 10' (Unit 24) 18' (Unit 3) 3 L\-~ 5. Buffer yards - The proposed R-3 28 patio home development would require a Type (A) Buffer along R-1 property lines. There are two options available. Option 1 requires a twenty (20) foot buffer, consisting oflarge trees, one (1) row of evergreen shrubs and one (1) row of deciduous shrubs. Option 2 requires a fifteen (15) foot buffer, consisting of one (1) large and three (3) small trees for every seventy-five (75), six (6) foot screening (fence, etc.) and two (2) large shrubs for every ten (10) feet. The conceptual R-l plan would require no buffering between the development and the adjoining properties nor would it require a public hearing before the Planning Commission and the Board of Supervisors. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The site has two parcels and each parcel has a different land use designation. The 1.77 acre tract (tax parcel # 036.19-01-12.01) which shows the stormwater management facility, units 25-28, and units 1-3 is designated Neighborhood Conservation in the 1998 Community Plan. The 4.28 acre tract (portion of tax parcel # 036.19-01-40) which shows the remaining 21 units is designated Transition in the 1998 Community Plan. Land designated Neighborhood Conservation encourages single-family residential of attached and detached housing at a reasonable density that is not significantly higher than the existing neighborhood. Infilllots should be designed to be sensitive to the surrounding neighborhood but can be at reasonably higher density. Land designated Transition generally serves as buffer between highways and nearby or adjacent lower intensity residential development. Multi-family residential, single- family attached residential, small scale retail and planned office parks are all encouraged in these areas. This proposed rezoning meets the criteria of both land use designations, providing a buffer between the existing low density neighborhood and the existing vacant commercial property along Rt. 419. 5. STAFF CONCLUSIONS This is a rezoning request to change 6.15 acres ofR-l, low-density residential property to R-3, medium density multi-family residential. The proposed rezoning involves 2 parcels located at the end of the Byron Drive cul-de-sac. This petition conforms to the Roanoke County Community Plan and the site has ample space to conform to all applicable development standards. Most impacts can be alleviated with the addition of the above proffers recommended by staff. CASE NUMBER: PREP ARED BY: HEARING DATES: 20-8/2004 Chris Lowe PC: September 7,2004 BOS: September 28, 2004 4 AUG-31-2004 09:25 u~ I t:r<HUULJ I r-'r< 1 LLHf'IHN NH I I l::>41Q ( (41Q::;SOl r.~<:::/~'-I I , ~-à County of Roanoke ComulUnity Development Plannmg & Zoning ~l~~ 5204 B~rnard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 :f~~~f-~~fS ' Checlc type of application f1.1ed (check all that appJy) KJ RezoIlÙJ.g 0 Special Us~ CJ Varia.c.ce Cue Number "'. ..... '", .' , ; , ",'.., ,.. " ." 0 WaiVtr 0 AdmiDlstrative Appt:.al Applicwt.s name/address w/zip Pinkerton Properties, l.L.C. 925 N. Electric Rd., Salam, VA 24153 CONTACT: Edward A. Natt 3912 Electric Owner's na.me:ladd1ess whip Pinkerton Properties, l.l.C. 925 N. Electric Rd., Salem, VA 24153 <IM"x:T: Edward A. Na Property LocatioD Northerly end of Byron Road Phone: Work: 725-8180 Cell K: Fax No.: 772-,0126 Phone #: Work: 725-81 80 Fax No. #:772-0126 Magisœrial District: Ca t avba Commun.ity Pla.Il.!lÍ.tlg éU'ca: HoII ins Tax Map No.: all of 036.19-01-12.01 and ExLstiDg ZoDing: R 1 Size of parccl(s): Aerts: te I 6. 15 ac ëLsrlng Land Use: vacant :;~~'.~fg,~I# q~~~§~~'Jiw'#A~~~~:~.§W. ~,;,-,'.'..,.,'..,_..._.~', Proposed Zoning: R=3 (Res ¡dent ia I Mll t i -Fami Iy) , Proposed Land Use: Construct i on of 28 to'Nrlhouses , .. ", ..' .. """""'<-""""""""_',1,'-.-. Does the parcel mr:et the rnIDimum lot area, width. aDd frontage requjreme.nts of the requested district? Yes No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the m.iDimum criteria for the requested Use Type? IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with 1:bis request? Yes ;'~"~"c~':""-~,'~.:.:'.::",',." ':.'" '1Í,~;J~:::::~r'::~M,'~""":::-""'::;:~';~.~.l-,:',';:--:'~';';;;¡'>'~;;:,~'-",""" "'," ,,"""',""" ,',~t.1'~j<~j{jè-G:w.;4'hJ'i:"R:'ANVADLt2:.uv..liY.l~"J.J.y,.crARri'ð<'A'i'is.4J>kil;i";:W;¡.::1.I:,tti~!.ßA 1:, ' "~I...,F.),,.~f' ::':,...... "..""...~...._,- ".n,', ,..",4:~~. ,..._~r~:I_."{'ni....,:¡I<,,, ..,. """'.' ~-_._"~"" """""'" "'" , ',.. '" .,.._,~.'\I"""..,..~......,~.,."""" ...,.......,;:._~.;t.""_"_..-...__.,,,..;.¡.,,-,.,.....,,,.... .....,.--- Yes No Ntl '..,", ,',,"'" ., .. ."...._...."~,,,,::..' Varié!IlcelWa.iver of Section(s) of the Roanoke COUll!)' ZoDing Ordina.ru:e in oId~ [0: Appeal of ZoDÏDg Administrator's decision to Appeal of Interpretation of Section(s): Appeal of Interpretation of ZOIÛDg Map to of in~ Remoke COUDty Zomng O¡dinmce Is the !pplicatioD complete? Please check if enclosed. APPLICATION wn..L NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE M1SSING OR INCOMPLETE. 'RJSrw VIM FJSIW VIM RJSIW VIM m Consultltion ê3i 8 1/2' x ll" concept p13.11 ~' Application fœ Application M~Þ:s aDd bounds description Proffers, if applicable 1ustification Water aDd s~e:r application AdjoilliDg property owners I bere:by certify tha.t I "-'tI either the c¡wner C1f the property or the: owu.r's agent or CDUtt'act purch..ase.r and am acting with the kDowl~ge wd consent oime ownc:r.CMNER: ~ nker~o^, - Prltfl~t,,\es....d...J.h.L..£.. ~ PI: ~~I r"u. ~ Owner's SignatUre HUb-~1-¿~~4 ~~;¿b ----0::'1 t::i'<HUUIJ I I""'i'< i LLHI'IHN NH I I 1::>41:::)( (41:::)~b1 1""'.1:::).)/1:::)4 u-- à. ~~'~:~ihÇJ\TION FOR REZO1';~G, S~i.ê~'P~'~~~~:ÒWW~~'ïiE~u;eS~ : - "",-""--""-,-""""":",,,,,'-"",-.......,,.--..,-------""-"'",--""-"",--",-,,..,..-,-'.,,-"" Applicant Pinkerton Properties, L.L.c. Th~ PlanDing Commission will stUdy rezoning. specia1u.se permit or waiver requests to de[ennin~ the need andjusIificaúan for the change in terms of public health, ¡¡af~ry I and general welfare. P1ease answer the following q'Jestions as thoroughly as possible. Use additional space if necessary- Pl~ase explain how the rtquest furthers the purposes of the Roanoke County Ordinance as well as the purpose fOUDd at the begin.D..iDg of the applicable zoning distric! c1assifiC4tion in the Zoning Ordinance. The prope...,r ty Is presen t I y , zoned R-1 (036.19-01-12.01) and (036.19-01-40). The proposed rezoning to R3 with proffers would allow for the development of twenty-eight (28) townhouses on' the parcel of land. The R-3 District is to provide for high-density development within the urban service area with between twelve (12) and twenty-four (24) units per acre. The propos I for twenty-eight (28) townhouses within this parcel of land wi II fall within that crit rioo. As stated in the purposes of the R-3, the proposal would serve as a buffer between les ."' intensive (single-family residential) and !TOre intensIve (comœrcia,l) uses. Th~ propo at wi II provide for the development of twenty-eight (28) units within eight (8) clusters, ranging in size from two (2) to four (4) units. Please explain bow we: project COnf0IID5 to the general guidelines and polic:ks contained in the Roanoke Count)' Community Plan. . e property, as designated in the Community Plan, falls along the border of transitio and neighborhood conservation. Neighbofhood conservation allows for attached housing at reasonable density that is not significantly higher than the existing neighborhood. is, coupled with the buffer provision$, makes this a reasonable use. A significant rtion of the property remains undisturbed. Transition district provrdes for single- family attached residential with not more than six (6) units per acre. The proposal falls within that criterion and, ,thus, is an appropriate use. Please descrIbe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding a.rez., as well as: the impactS on public services and facilities, includiDg water/sewer, roads. schools. parb/rec:reoa.tion a.nd roe and rescue. Public uti Ii ties are available within the immediate area and no significant burden wi I be placed upon the pub I ic fat::i I i ties of the County. Address of Subject Property: Tax Map No.: Northerly end of Byron Drive Part of 036.19-01-40; Part of 36.19-01-12-01 Applicant/Owner's Name: Pinkerton Properties, L.L.C. LEGAL DESCRIPTION PARCEL 1: BEGINNING at a point at the northwest corner of Lot 12, Block 18, Section 4, Montclair Estates (PB 10, PG 7); said point being at the northeast corner of Byron Drive; thence S. 650 00' 30" W. 191.02 feet to a point; thence N. 240 55' 30" E. 180.31 feet to a point; N. 710 19' 24" E. 57.68 feet to a point; thence with a curved line to the right having a chord, bearing and distance of S. 660 48' 03" E. 200.26 feet, a distance of 219.26 feet to a point; thence S. 240 55' 30" E. 7.07 feet to the point and place of BEGINNING. PARCEL 2: BEGINNING at a point at the northeast corner of Lot 1, Block 5, Montclair Forest, as said point intersects with the line of Section 4, Montclair Estates; thence with the line of Montclair Forest S. 710 03' 00" W. 464.08 feet to a point; thence with a new division line through the property of Pinkerton Properties, LLC (Tax Map No. 36.19-01-40) to a point; thence N. 710 03' 00" E. 364.22 feet to a point; thence S. 240 55' 30" E. 463.33 feet to the point and place of BEGINNING. \\JOLL Y\SYS\USERS\CBaumgardner\ZONING\Pinkerton REZONING LEGAL.doc lA/~.. Page 1 of 1 \A--~ PROFFERS Address of Subject Property: Northerly end of Byron Drive Tax Map No.: Part of 036.19-01-40; All of 36.19-01-12.01 Applicant/Owner's Name: Pinkerton Properties, L.L.C. PROFFERS The undersigned owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. The property will be developed in substantial conformity with the "Revised Townhouse Development August 20,2004, Proposed 28 Townhouses Proposed Zoning R-3, 6.15 Acres", prepared by T. P. Parker & Son attached hereto. 2. Wherever possible, existing vegetation shall be preserved and incorporated into the buffering requirements. Screening and buffering in that area of the development adjoining Tax Map No. 036.19-01-12.00 shall utilize Type (A) Buffer, Option 2 with an eight (8) foot vinyl screening fence instead of the six (6) foot screening required. OWNER/APPLICANT: :~~.c. ITS \\JOll y\SYS\USERS\CBaumgzrdner\zONING\Pinkerton Prop REZONING PROFFERS.doc September 8, 2004 Page 1 of 1 Lk-à-. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 28, 2004 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 6.15- ACRE TRACT OF REAL ESTATE LOCATED AT THE NORTHERLY END OF BYRON ROAD (TAX MAP NOS. 036.19-01-40 and part of 036.19- 12.01) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R1 LOW DENSITY TO THE ZONING CLASSIFICATION OF R3 MEDIUM DENSITY MULTI FAMILY DISTRICT WITH CONDITIONS IN ORDER TO CONSTRUCT TOWNHOUSES UPON THE APPLICATION OF PINKERTON PROPERTIES, LLC WHEREAS, the first reading of this ordinance was held on August 24,2004, and the second reading and public hearing were held September 28,2004; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 7, 2004; 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. That the zoning classification of a certain tract of real estate containing 6.15 acres, as described herein in order to construct townhouses, and located at the northerly end of Byron Road (Tax Map Numbers 036.19-01-40 and 036.19-01-12.01) in the Catawba Magisterial District, is hereby changed from the zoning classification of R 1, Low Density District, to the zoning classification of R3, Medium Density Multi family District. 2. That this action is taken upon the application of Pinkerton Properties, LLC. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: LA~~ 1. The property will be developed in substantial conformity with the "Revised Townhouse Development August 20,2004, Proposed 28 Townhouses Proposed Zoning R-3, 6.15 Acres", prepared by T. P. Parker & Son attached hereto. 2. Wherever possible, existing vegetation shall be preserved and incorporated into the buffering requirements. Screening and buffering in that area of the development adjoining Tax Map No. 036.19-01-12.00 shall utilize Type (A) Buffer, Option 2 with an eight (8) foot vinyl screening fence instead of the six (6) foot screening required. 4. That said real estate is more fully described as follows: PARCEL 1: BEGINNING at a point at the northwest corner of Lot 12, Block 18, Section 4, Montclair Estates (PB 10, PG 7); said point being at the northeast corner of Byron Drive; thence S. 65000' 30" W 191.02 feet to a point; thence N. 24055' 30" E, 180.31 feet to a point; N. 71019' 24" E. 57.68 feet to a point; thence with a curved line to the right having a chord, bearing and distance of S. 66048' 03" E. 200.26 feet, a distance of 219.26 feet to a point; thence S. 24055' 30" E. 7.07 feet to the point and place of BEGINNING. PARCEL 2: BEGINNING at a point at the northeast corner of Lot 1, Block 5, Montclair Forest, as said point intersects with the line of Section 4, Montclair Estates; thence with the line of Montclair Forest S. 710 03' 00" W. 464.08 feet to a point; thence with a new division line through the property of Pinkerton Properties, LLC, (Tax Map No. 36.19-01-40) to a point; thence N. 710 03' 00" E. 364.22 feet to a point; thence S. 240 55' 30" E. 463.33 feet to the point and place of BEGINNING. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to 2 \,;~ ~. amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 3 MtRIDIAIV StCr¡OIV OF' MO 4. 'lyìC!A Þ ,.,IR t:- .8. '> <;SìA"'t:- . Pc 'l.S . 10 'ì!>. REVISED TOWNHOUSE DEVELOPMENT AUGUST 20, 2004 PROPOSED 28 TOWNHOUSES PROPOSED ZONING R3 6.15 ACRES SCALE: 1" = 1 00' (SMALL) SCALE: 1" = 50' (LARGE) u~~ I 29' MIN. t.. 0 ~!~ ¡:::""!:: If) ~ x ~ w w If) ;:) 8 w H!t:: ---{)~w- --i)H ---- -- 50' APCO - EASEMENT ZONED R1 ZONED c2=ë - """-- --= TRACT B PROPERTY OF PINKERTON PROPERTIES. LLC TAX NO. 36.19-01-41 D.S. 1521, PG. 1435 7.791 ACRES ZONED C2-C 40' PROPERTY OF PINKERTON PROPERTIES, LLC TAX NO. 36.19-01-40 INST. NO. 200330458 7.83 ACRES ZONED C2-C I R1 PROPERTY OF PINKERTON PROPERTIES, LLC T, NO. 36.19-01-38 IN T. NO. 200330458 2.61 ACRES x ZONED C2-C .'-..- North £ .ct.-Ic: ~ . . - . . - oo.d~. .19 .. - ..-..- ¡.c-x- X-X ~><-X_*,---, ~ ~-----. ffi PROPERTY OF PINKERTON PROPERTIES, LLC 1Jf -h TAX NO 36.19-01-12.1, 1.773 ACRES, ZONED R1 M A ""ITER \\ ?oJ % ~ ~ '" 'à "6 ~ larn_g Zoning _AGJ _EP ./' _AG1 AA ./' _AV C1 _C2 - C2CVOO 11 _12 _PeO PRO _PTD R1 R2 R3 R4 ~t-d '- -2934- 2935 2928 2929 ~ .. ..> <9 @ CJ) <t 1i N  Applicants Name: Pinkerlon Properlies, LLC Existing Zoning: R-1 Proposed Zoning: R-3C Tax Map Number: 36.19-1-12.1 Magisterial District: Catawba Roanoke County Department of Community Development 36.19-1-40 (Porlion) Acreage: +/- 6.12 Acres September 7, 2004 Scale: 1 "=200' ACTION NO. ITEM NO. tA -,3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Second reading of an ordinance amending Sections 7-71 Building Permit Fees and 7-72 Trade Permit Fees, and establishing a new Section 7-73 Miscellaneous Fees of Article 5, Chapter 7, Building Regulations of the Roanoke County Code, and providing for an effective date SUBMITTED BY: Arnold Covey Director of Community Development Elmer C. Hodge ê If County Administrator APPROVED BY: COUNTY ADMI~~ SUMMARY OF INFORMATION: This is a request to update the building regulations ordinance and particularly, to update the method used to estimate construction costs for the purpose of calculating permit fees. Additionally, it will add certain fees that are not included in the current ordinance and modify other existing fees. As directed by the Board of Supervisors, staff has prepared a breakdown of estimated revenues from the current and proposed fees which are outlined in Attachment 1. The County is currently working with Novalis Technologies on an integrated land records management solution. As Phase One of the HP migration project, the Information Technology Department, through Novalis Technologies, is developing the new software package for land development. Phase One includes Community Development, Real Estate Valuation and Business Licenses. A part of this update involves reviewing our fees and processes and having them programmed into the new software. The Community Development Department is working with Information Technology Department on a new software system which we hope will be implemented in the next few months. One of the issues we hoped to address with the new system was the under- l\-3 reporting of annual construction values in Roanoke County. Under our current fee calculation method, standard residential construction is valued at $26.10 per sq. ft. This value is obtained from a construction cost table published by BOCA International in 1991 and adopted by the county into the current ordinance. BOCA is now defunct and the table is no longer published. A new method of calculating construction cost for the purpose of determining permit fees as well as more accurate reporting is needed. After researching the matter we discovered that we had an in-house method available that is updated annually and is extremely accurate. This is the building construction value base rates as determined annually by the county Real Estate Valuation office. Linking our permitting software to the property assessment software will provide an accurate method to calculate cost that is updated automatically on an annual basis. We propose to delete the 1991 BOCA table in Section 7-71 and replace it with a reference to the cost values as adjusted on an annual basis by the Real Estate Valuation office. Please refer to Attachment 3. Obviously, this would result in a substantial increase in permits fees if no other adjustment is made. To offset this effect, it is our intention to create a new permit type for construction performed under the International Residential Code, specifically one and two family dwellings. This permit will be called a "Residential Construction Permit" and will cover all work necessary to complete the project as described on the application. No additional permits or fees would be required from subcontractors working on the project who are identified at the time of application. This change will result in approximately 1500 fewer permits issued annually by the clerks. We believe this will enhance office efficiency and provide the clerks a better opportunity to serve our customers. The commercial permit process will remain unchanged; however, commercial permit fees will be affected. The effect varies because of the wide variation in commercial construction costs. Most commercial permits will see a fee increase even though a few actually will experience a decline in fees. Sample comparisons for both residential and commercial are included in Attachment 2. Fees to be modified: Re-inspection Fee - $50.00 (applies on 3rd re-inspection of same item) Increase minimum permit fees to $30.00 from $25.00 Fees to be added: Existing Building CO - $35.00 Elevator Periodic Inspection $35.00 Amusement Devices: Kiddie Rides - $15.00 Circular rides or flat rides that can be inspected from less than 20 feet above ground - $25.00 All Other Types of Devices - $45.00 (Amusement Device Fees reduced 50% when a private inspector is used) FISCAL IMPACT: No impact to existing funding levels. ALTERNATIVES: 1. Approve changes to the ordinance. 2. Develop an alternate method of determining construction costs 3. Take no action STAFF RECOMMENDATION: Staff recommends Alternative 1, approval of the changes to the ordinance. lA- -3 Attachment 1 L\ -<3 Building Permit Fee Analysis Roanoke County issued 5029 building permits in calendar year 2003. These permits generated $472,562 in revenue. Projected Revenue under proposed evaluation method Permit Type Current Fees Proposed Fees BuildinQ 281,082 360,000 Electrical 78,980 46,500 Plumbing 53,372 40,000 Mechanical 54,623 40,000 Signs 3,755 4,000 Re-inspect fees 750 1,500 TOTALS $472,562 $492,000 Building Building Current Sq Ft Current Current Proposed Sq Ft Proposed Proposed Type Details Const. Cost Valuation Permit Fee Const. Cost Valuation Fee Single Family Residence Living Area 1276 sq ft $26.10 per sq ft $45,693 $250 bid. $59.00 per sq ft $97,273 Garage 435 sq ft $8.00 per sq ft $100 elec. $29.50 or 50% of base Unfin. Basement 476 sq ft $6.00 per sq ft $75 plb. $11.80 or 30% of base Deck 20 x 20 400 sq ft est. cost $6000 $75 mech. $8.85 or 15% of base $500.00 $510.00 Duplex Living Area 2016 sq ft $26.10 per sq ft $54,619 $295 bid. $54.00 per sq ft $109,674 Deck (2)10 x 10 est. cost $2000 $85 elec. $8.10 or 15% of base $60 plb. $60 mech. $500.00 $538.00 Manufactured Home Living Area 1000 sq ft NONE NONE $50 bId. $29.00 per sq ft $29,435 Deck 10 x 10 $25 elec $4.35 or 15% of base $25 plb $10 CO $110.00 $170.00 Apartments 27041 sq ft $26.10 per sq ft $761,713 $1,582.00 $41.00 per sq ft $1,108,861 $1,874.00 Warehouse 137,280 sq ft $22.88 per sq ft $3,142,174 $2,891.50 $21.00 per sq ft $2,882,880 $2,823.00 Mini Storage 3750 sq ft $20.21 per sq ft $75,801 $400.00 $22.00 per sq ft $82,500 $435.00 Grocery 58,860 sq ft $26.04 per sq ft $1,533,185 $2,086 $49.00 per sq ft $2,884,140 $2,762.00 Private School 3000 sq ft $41.28 per sq ft $123,869 $568.00 $70.00 per sq ft $210,000 $740.00 5[ UJ Attachment 2 Building Building Current Sq Ft Current Current Proposed Sq Ft Proposed Proposed Type Details Const. Cost Valuation Fee Const. Cost Valuation Fee Auto Dealership 6323 sq ft $22.88 per sq ft $144,726 $610.00 $30.00 per sq ft $189,690 $698.00 Church 40,000 sq ft $37.61 per sq ft $1,504,448 $2,072.00 $70.00 per sq ft $2,800,000 $3,170.00 Fast Food 782 sq ft $30.15 per sq ft $23,576 $140.00 $71.00 per sq ft $55,522 $300.00 Attachment 2 sr ()J Building Type Single Family Residence Townhouse Patio Home Duplex Unfinished Basement Manufactured Home Condominium Apartment Condo High Rise Triplex Townhouse Apartment High Rise Apartment Garden Apartment Industrial Manufacturing Lumber Yard Packing Plant / Food Bottler/Brewery Warehouse Cold Storage / Freezer Truck Terminal Service Garage Heavy Manufacturing Light Manufacturing Warehouse Condo Prefab Warehouse Office-Warehouse Petrol Mining Department Store Super Market Shop-Strip Office-4 story Medical Condo Fast Food Office Condo Mini-Warehouse Commercial Convenience Store Carwash Shopping Mall/ Department Store Office Medical Office / Clinic Restaurants Banks Attachment 3 \A-,3 2005 Base Rate 59.00 63.00 62.00 54.00 48.00 29.00 62.00 62.00 54.00 40.00 41.00 38.00 21.00 26.00 17.00 43.00 46.00 21.00 31.00 29.00 32.00 26.00 24.00 23.00 21.00 27.00 30.00 30.00 38.00 49.00 47.00 52.00 60.00 71.00 53.00 22.00 51.00 51.00 30.00 45.00 55.00 60.00 66.00 75.00 Attachment 3 LA-] Community Service Service Station Auto Sales Parking Garage Lab/Research Day Care Center Theaters Lounge/Nightclub Bowling Alley / Arena Commercial Office Condos Hotel/ Motel fewer than 3 stories Hotel/ Motel higher than 3 stories Furniture Showroom Recreation/Clubs Institutional - Single Family Residence Churches- Single Family Residence School/College -Single Family Residence Homes Aged - Single Family Residence Club/Lodges-Single Family Residence Institutional Churches School/College Hospital Homes Aged Orphanages Mortuary/Cemetery Clubs/Lodges Airport Utilities Public School Public College Public Hospital Other County Other State Other Federal Other Municpal 38.00 45.00 30.00 22.00 68.00 52.00 52.00 42.00 39.00 51.00 44.00 48.00 42.00 44.00 54.00 70.00 70.00 60.00 43.00 54.00 70.00 70.00 88.00 62.00 45.00 56.00 44.00 57.00 38.00 80.00 80.00 88.00 60.00 60.00 60.00 60.00 l\-> 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 28,2004 ORDINANCE AMENDING SECTIONS 7-71. BUILDING PERMIT FEES AND 7-72. TRADE PERMIT FEES, ESTABLISHING A NEW SECTION 7- 73. MISCELLANOUS FEES, OF ARTICLE 5 OF CHAPTER 7. BUILDING REGULATIONS OF THE ROANOKE COUNTY CODE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, as part of the HP migration project the Department of Community Development is implementing a new software system to track building permits and to calculate permit fees; and WHEREAS, Novalis Technologies, Inc. is developing an integrated land records management solution for the County; and WHEREAS, this new software system will address the problem of the under- reporting of annual construction values in the County; and WHEREAS, the new method of calculating these permit fees will be based upon building construction values as determined by the County's Real Estate Valuation Office; and WHEREAS, the first reading was held on September 14, 2004; and the second reading and public hearing was held on September 28,2004. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article V. Fees of Chapter 7. Building Regulations be amended to read and provide as follows: ARTICLE V. FEES Sec. 7-71. Building permit fees. Permit fees are determined by calculating a value of construction. In order to derive this valuation, the square footaqe of the structure is multiplied by the buildinq construction value base rates as adjusted annually bY the County Real Estate Valuation Office. An estimated cost of construction is obtained from the applicant and is used to 1 tA-3 determine the permit fees for applications that do not correspond to the square footage construction value base rates as described above. This includes, but is not limited to, interior and exterior alterations, roofing and siding construction, and demolitions. There is hereby established the following schedule for fees for building and demolition permits as set out on Attachment A. Sec. 7-72. Trade permit fees. There is hereby established the following schedule for fees for trade permits (trade permits include permits for heating, electrical, mechanical, and plumbing). The following schedule for trade permits is based upon the valuation as calculated pursuant to section 7-71 as modified by a percentage factor for the use groups and the type of trade permit, as shown on Attachment B: In excess of $5,000.00 the fee shall be $75.00 plus $4.00 for each additional $1,000.00 or fraction thereof. No trade permit shall be issued for less than $30.00. Sec. 7-73. Miscellaneous fees. There is hereby established the followina schedule of miscellaneous fees: Amusement Devices: Kiddie Rides - $15.00 Circular rides or flat rides that can be inspected from less than 20 feet above around ;:..$25.00 All Other T es of Devices - 45.00 (Amusement Dev~Fees reduced 50% w!1en a private inspector is used) 2. The Director of Community Development is aranted the authority to implement these fees when the software packaae from Novalis Technoloaies. Inc. becomes operational. 2 Attachment A § 7-71. Building permit fees. BUILDING AND FEE SCHEDULE Valuation Fee Valuation Fee Valuation Fee $ 0.00--5,000.00 $ 30.00 $41,000.00 $225.00 $ 84,000.00 $ 440.00 42,000.00 230.00 85,000.00 445.00 6,000.00 36.00 43,000.00 235.00 86,000.00 450.00 7,000.00 42.00 44,000.00 240.00 87,000.00 455.00 8,000.00 48.00 45,000.00 245.00 88,000.00 460.00 9,000.00 54.00 46,000.00 250.00 89,000.00 465.00 10,000.00 60.00 47,000.00 255.00 90,000.00 470.00 11,000.00 66.00 48,000.00 260.00 91,000.00 475.00 12,000.00 72.00 49,000.00 265.00 92,000.00 480.00 13,000.00 78.00 50,000.00 270.00 93,000.00 485.00 14,000.00 84.00 51,000.00 275.00 94,000.00 490.00 15,000.00 90.00 52,000.00 280.00 95,000.00 495.00 16,000.00 96.00 53,000.00 285.00 96,000.00 500.00 17,000.00 102.00 54,000.00 290.00 97,000.00 505.00 18,000.00 108.00 55,000.00 295.00 98,000.00 510.00 19,000.00 114.00 56,000.00 300.00 99,000.00 515.00 20,000.00 120.00 57,000.00 305.00 100,000.00 520.00 58,000.00 310.00 Over 20,000.00.00 equals 59,000.00 315.00 Over 100,000.00.00 equal $120.00 plus $5.00 60,000.00 320.00 $520.00 plus $2.00 per M 61,000.00 325.00 per M 21,000.00 125.00 62,000.00 330.00 22,000.00 130.00 63,000.00 335.00 23,000.00 135.00 64,000.00 340.00 Fiç¡ure Fraction from 24,000.00 140.00 65,000.00 345.00 here 25,000.00 145.00 66,000.00 350.00 200,000.00 720.00 26,000.00 150.00 67,000.00 355.00 300,000.00 920.00 27,000.00 155.00 68,000.00 360.00 400,000.00 1,120.00 28,000.00 160.00 69,000.00 365.00 500,000.00 1,320.00 29,000.00 165.00 70,000.00 370.00 >F w 30,000.00 170.00 71,000.00 375.00 Over $500,000.00 equals 31,000.00 175.00 72,000.00 380.00 $1 ,320 plus 32,000.00 180.00 73,000.00 385.00 $1.00 per M 33,000.00 185.00 74,000.00 390.00 600,000.00 1,420.00 34,000.00 190.00 75,000.00 395.00 700,000.00 1,520.00 35,000.00 195.00 76,000.00 400.00 800,000.00 1,620.00 36,000.00 200.00 77,000.00 405.00 900,000.00 1,720.00 37,000.00 205.00 78,000.00 410.00 1,000,000.00 1,820.00 38,000.00 210.00 79,000.00 415.00 39,000.00 215.00 80,000.00 420.00 40,000.00 220.00 81,000.00 425.00 Over 1,000,000.00 82,000.00 430.00 equals $1,820 plus 83,000.00 435.00 0.50 per M 5F w Attachment B § 7-72. Trade permit fees. Percent Chart Class Heating (percent) Mechanical Plumbing Electric (percent) (percent (percent) 1. A1--A5 6 8 8 8 2.8 5 8 5 9 3.E 6 11 8 9 4. F1 & F2 4 5 5 5 5. H1--H4 4 5 5 5 6. 1-1 1-2 1-3 595 812 8 999 912 9 7. M 5 9 5 9 8. R-1 R-2 R-3 & 564 915 7 1015 7 815 7 R4 9. 81 & 82 4 9 4 7 Valuation Fee $0.00 to $1,000 30.00 1,000.00 to 40.00 2,000.00 2,000.01 to 50.00 3,000.00 3,000.01 to 60.00 4,000.00 4,000.01 to 75.00 5,000.00 s=- ( CN