HomeMy WebLinkAbout10/26/2004 - Regular
Roanoke County
Board of Supervisors
Agenda
October 26, 2004
Good afternoon and welcome to our meeting for October 26, 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 David Walton
Belmont Christian Church
3. Pledge of Allegiance to the United States Flag
B.
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
C.
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of appreciation upon the retirement of Linda D. Blair, Social
Services Department, following thirty years of service
D.
BRIEFINGS
NEW BUSINESS
E.
1. Request to authorize the execution of a performance agreement between the
County of Roanoke, Kahn Development Company, and the Industrial
Development Authority for public infrastructure improvements to Keagy Road,
pursuant to Roanoke County's Public Private Partnership Policy. (Elmer C.
Hodge, County Administrator)
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2. Request to appropriate funds in the amount of $29,700 to participate with
Roanoke City in a library study. (Diane D. Hyatt, Chief Financial Officer)
F.
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 4.83 acres from 11 C, Industrial District
with conditions, to R 1, Low Density Residential District, in order to develop a
public park and recreational area located in the 5600 block of Hollins Road,
Hollins Magisterial District, upon the petition of the Roanoke County Board of
Supervisors.
2. First reading of an ordinance to rezone 9.78 acres from R1, Low Density
Residential District, to 11, Industrial District, in order to develop a warehousing
and distribution area located at 7704 - 7706 Friendship Lane, Hollins
Magisterial District, upon the petition of New Century Development Co., LLC.
G.
FIRST READING OF ORDINANCES
H.
SECOND READING OF ORDINANCES
I.
APPOINTMENTS
1. Capital Improvement Program (CIP) Review Committee (Appointed by
District)
2. Parks and Recreation Advisory Commission (Appointed by District)
3. Roanoke Valley Area Metropolitan Planning Organization Community
Advisory Committee (CAC)
J.
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 - October 2, October 4, and October 12, 2004
2. Request from schools to appropriate a grant in the amount of $25,030 from
the Region 6 educational technology grant
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3. Request from Fire and Rescue Department to accept and appropriate a grant
in the amount of $35,297 from the Virginia Department of Health for the
purchase of an ambulance
4. Request from the Police Department to accept and appropriate a grant in the
amount of $10,000 from the Department of Motor Vehicles for use in
conducting checkpoints and roving patrols
5. Request from the Police Department to accept and appropriate two grants in
the amount of $1,500 each from the Department of Motor Vehicles for the
purchase of field Alcosensors
6. Request from the Police Department to accept and appropriate a grant in the
amount of $8,500 from the Department of Motor Vehicles to fund equipment
and training for the Blue Ridge Transportation Safety Board regional crash
team
7. Request from the Police Department to accept and appropriate a grant in the
amount of $3,000 from the Department of Motor Vehicles to conduct strike
force DUI checkpoints
8. Request from the School Board to approve the sale of surplus property at
4808 Pleasant Hill Drive and retention of the proceeds
K.
REQUESTS FOR WORK SESSIONS
1. Request to schedule a work session on November 16, 2004 for the secondary
road system six-year construction plan for fiscal years 2005-2011 and
consideration of projects for fiscal year 2005-2006 in the Virginia Department
of Transportation (VDOT) revenue sharing program. (Arnold Covey, Director
of Community Development)
2. Request to schedule a work session on November 16, 2004 to review the
drainage maintenance program. (Arnold Covey, Director of Community
Development)
L.
REQUESTS FOR PUBLIC HEARINGS
M.
CITIZENS' COMMENTS AND COMMUNICATIONS
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N.
REPORTS
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Future Capital Projects
5. Accounts Paid - September 2004
6. Statement of expenditures and estimated and actual revenues for the month
ended September 30,2004
7. Report of claims activity for the self-insurance program for the period ended
September 30, 2004
8. Proclamations signed by the Chairman
9. Statement of the Treasurer's accountability per investment and portfolio policy
as of September 30,2004
O.
CLOSED MEETING
P.
WORK SESSIONS (4th Floor Conference Room)
1. Work session with Legislative Liaison to consider initiatives for the 2005
session of the Virginia General Assembly. (Paul M. Mahoney, County
Attorney; Pete Giesen, Special Assistant for Legislative Relations)
2. Work session to discuss preliminary unaudited year-end financial information
for fiscal year 2003-2004. (Rebecca Owens, Director of Finance; Brent
Robertson, Budget Director)
EVENING SESSION
Q.
CERTIFICATION RESOLUTION
R.
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of appreciation upon the retirement of William R. Hammond, Jr.,
Social Services Department, following twenty-eight years of service
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S.
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1. This item has been postponed until November 16. 2004 in order to allow
additional time for citizen input. 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. (Janet Scheid, Chief Planner)
2. Second 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 the Roanoke Council of Garden Clubs, Inc. (Janet Scheid, Chief
Planner)
3. Second 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. (Janet Scheid, Chief Planner)
4. Second reading of an ordinance authorizing and approving execution of an
option and lease agreement with Virginia PCS Alliance, loC., d/b/a NTELOS,
for a 3,400 square foot tower site at the Hollins Fire Station on Barrens Road,
Hollins Magisterial District. (Anne Marie Green, Director of General Services)
1.
CITIZENS' COMMENTS AND COMMUNICATIONS
U.
REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Michael A. Wray
2. Michael W. Altizer
3. Joseph P. McNamara
4. Joseph B. "Butch" Church
5. Richard C. Flora
V.
ADJOURNMENT TO WEDNESDAY, OCTOBER 27 AT 5:30 P.M., SCHOOL
BOARD ADMINISTRATION OFFICE, 5937 COVE ROAD, N.W., ROANOKE,
VIRGINIA, FOR THE PURPOSE OF A JOINT WORK SESSION TO DISCUSS
FUNDING OF THE COUNTY AND SCHOOLS CAPITAL IMPROVEMENT
PROGRAM (CIP)
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ACTION NO.
ITEM NO.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26,2004
AGENDA ITEM:
Resolution of appreciation upon the retirement of Linda D.
Blair, Social Services, after thirty years of service
SUBMITTED BY:
APPROVED BY:
Brenda J. Holton
Deputy Clerk to the Board
Elmer C. Hodge ~ J~
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Ms. Blair retired from Roanoke County on September 1, 2004, after thirty years of service
and will attend the evening Board meeting to accept her resolution of appreciation. Dr.
Betty McCrary, Social Services Director, advises that she will be unable to attend this
meeting and sends her best wishes to Ms. Blair upon her retirement.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 26, 2004
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF
LINDA D. BLAIR, SOCIAL SERVICES DEPARTMENT, AFTER THIRTY
YEARS OF SERVICE
WHEREAS, Linda D. Blair was first employed by Roanoke County on August
15, 1974, as a Social Worker Aide in the Social Services Department; and
WHEREAS, Ms. Blair also worked as a Clerk and Eligibility Worker and
retired from Roanoke County as Senior Eligibility Worker on September 1, 2004, after thirty
years of service; and
WHEREAS, Ms. Blair's area of expertise was Medicaid and she worked
collaboratively with citizens, nursing homes, hospitals, and assisted living homes to ensure
eligibility for this medical program; and
WHEREAS, Ms. Blair, through her 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
citizens of Roanoke County to LINDA D. BLAIR for thirty 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.
ACTION NO.
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ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26, 2004
AGENDA ITEM:
SUBMITTED BY:
Request to authorize the execution of a performance
agreement between the County of Roanoke, Kahn
Development Company, and the Industrial Development
Authority for public infrastructure improvements to Keagy Road
pursuant to Roanoke County's Public Private Partnership
Policy
ElmerC. Hodge ~ )1vPg;(
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
Attached is a letter from Kahn Development Company (Attachment A) requesting the
County's assistance in defraying the costs of public infrastructure improvements that will be
necessary for the construction of the proposed Keagy Village Shopping Center. They are
making this request at this time due to recent developments that will require additional road
work in order to make Keagy Road and its intersection at Route 419 safer both for the
residents in the neighboring area, as well as for the employees of Allstate Insurance
Company. Keagy Road currently has a rise or "hump" in the road that inhibits site distance
for all who use the road, and also contributes to the sheet flow of water during heavy rains
or snow which causes less than ideal conditions for both residents of the neighborhood and
Allstate employees. Kahn will eliminate these issues with their road improvements. Kahn
Development has already addressed many ofthe needs requested by the community, and
they are willing to make all necessary road improvements during the construction process
at no cost to Roanoke County and without use of any funds allocated to Roanoke County
by VDOT.
Kahn is requesting a public private partnership agreement with Roanoke County equal to
the amount of one year's new tax revenue generated by the project, which will be
recognized three to five years in the future when the project is complete. These road
improvements will benefit all interested parties by having a much improved intersection
which is buffered from the community and by providing an economic development
opportunity that will add to the tax base for many years in the future. The much needed
improvements to Keagy Road and Route 419 will also benefit Allstate, one of the largest
employers in Roanoke County. The company has closed 22 of its call centers across the
country, but continues to operate this single call center in Roanoke County. Today the
Roanoke County facility employs 1,400 people.
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Allstate has joined with Roanoke County on similar road enhancements. The company
contributed to the installation of a signal light at Keagy Road and Route 419. Allstate is
participating in this improvement by donating the right-of-way on its side of the road.
I would ask that the Board authorize the execution of the public private partnership
agreement between Roanoke County I Kahn Development, and the Industrial Development
Authority.
SUMMARY OF INFORMATION:
Kahn Development Company has requested that the County assist in the costs of public
infrastructure improvements necessary for the construction of the proposed Keagy Village
Shopping Center. This request is consistent with the public private partnership policy
adopted by the Board, as well as the past practices of the Board. Public private partnership
agreements have been used to improve conditions for citizens who live and work in an
area, to improve the appearance of a project, to provide increased safety, or to improve
lighting conditions. Attached is a copy of a draft performance agreement (Attachment B)
prepared by the County Attorney. The terms of the agreement will ensure that public
improvements to be constructed by Kahn will benefit the citizens and businesses in the
project area.
Throughout the rezoning and development process, Kahn has consistently shown a
willingness to compromise and to incorporate the wishes of their residential and business
neighbors into their development plan. While this has enhanced the project in many ways,
it has also increased the costs of the needed public improvements and lessened their ability
to generate income from the development at the same time.
Several examples are listed below for your review:
. At the request of the residential neighbors closest to the project, almost three acres of
the approximately 18 acre tract have been offered as a permanent "no build" buffer.
This has had a significant impact on the profitability of the project.
. Kahn has agreed to make certain road improvements to Keagy Road, as well as its
intersection with Route 419, which are in addition to the improvements required by
VDOT and requested by Roanoke County.
. Kahn has agreed to improve existing storm drain capabilities within the public right-of-
way.
. The public sewer must be extended to the project area along Route 419 which will
enhance the public infrastructure and bring this utility closer to those residents of Keagy
Road where public sewer does not currently exist. Some residents have already
expressed interest in connecting to the public system when it becomes available. This
will bring added customers to the public system and eventually eliminate private
systems.
These public infrastructure challenges can be met by Kahn and Roanoke County to the
ultimate benefit of all concerned. With the implementation of the proposed performance
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agreement, the County will be assured that the much-needed public improvements
constructed by Kahn will serve the dual purpose of facilitating a quality development as well
as improving existing conditions in the project area.
The agreement is an excellent example of how the public and private sectors can partner to
create economic opportunity while improving the conditions of the public infrastructure.
The following is a summary of the major terms of the proposed three-party agreement:
1. Kahn will construct all highway improvements to Route 419 and Keagy Road as
required by VDOT including signalization improvements at the Keagy Road and Route
419 intersection.
2. Kahn will develop the property in accordance with the proffered conditions of Ordinance
No. 062204-10.
3. Kahn will construct storm water management facilities in accordance with existing
County standards.
4. Kahn will extend public water and sewer lines to serve the property and dedicate and
convey at no cost to the County on-site easements as necessary for drainage and
public utilities.
5. The County and Kahn will mutually agree to the qualifying costs of the public
infrastructure within six months after completion of the construction of the public
improvements.
6. Kahn will be eligible for an economic development grant equivalent to one year of new
tax revenue generated by their development. It is recommended that Kahn be allowed
to choose anyone of three years (2006, 2007, or 2008) subsequent to project build-out
in which to request their reimbursement grant in an amount not to exceed the qualified
cost of public infrastructure. The anticipated cost ofthe public improvements, as well as
the one-year new tax revenue, is estimated to be $970,000.
7. Kahn must provide all necessary documentation to the County and the IDA to
implement the terms and conditions of the performance agreement.
FISCAL IMPACT:
The County's participation will be in the form of an economic development grant reimbursed
to Kahn through the Industrial Development Authority, and therefore will be measured by an
amount equal to one year's new taxes generated by the project not to exceed the qualified
cost of public infrastructure.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors authorize the County Administrator to
execute the performance agreement between Roanoke County, Kahn Development, and
the Industrial Development Authority of Roanoke County and request the IDA to assist as
necessary with the implementation of the terms of the agreement.
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Attachment A
Kahn Development Company
P.O. Box 1608 / COLUMBIA, SC 2920~~ / (803) 736-3325 / FAX (803) 788-5923 E-I
October 7, 2004
Mr. E. Douglas Chittum
Director, Department of Economic Development
Roanoke County
5204 Bernard Drive, S.W., Room 421
Roanoke, VA 24018-0798
RE:
Proposed Keagy Village
VA 419 and Keagy Road, Roanoke, VA
Dear Doug,
Kahn Development Company hereby requests the County's assistance to help defray the costs of
some of the infrastructure improvements that will be necessary for the development and
construction of the proposed Keagy Village Shopping Center, pursuant to the County's Public
Private Partnership Policy. We envision Keagy Village Shopping Center as a grocery anchored
center that will have a mix of retail, restaurants and other neighborhood shopping center related
tenants.
In developing our plans, we have taken pains to address not only our needs but those of our
neighbors. At the request of our residential neighbors along Keagy Road, we agreed, through
zoning proffers, that more than three (3) acres of our site would not be developed, but would serve
a landscaped buffer. We have agreed to make improvements in Keagy Road that accommodate not
only our needs but those requested by Allstate Insurance in particular. In addition to adding more
travel and turning lanes to Keagy Road in critical areas, we plan to smooth out the existing
"hump" in Keagy Road which causes particular problems during icy weather conditions. All these
off-site improvements benefit the public at significant expense to Kahn.
Sanitary sewer service, being distant from our site, must be extended. That extension will enhance
the County's infrastructure, provide development opportunities to others, and bring water and
sewer service closer to residential neighbors who have expressed interest in connecting to the
public systems.
Since we have received zoning approval, our engineers are working with Roanoke County
engineers, VDOT engineers and Allstate engineers to finalize our development plans. Much
engineering work has been done and much engineering work remains to be done. In particular, we
do not yet know the extent of the infrastructure improvements to Keagy Road and Route 419, as we
anxiously await VDOT's determinations. Development costs are escalating - yet we remain
committed to Keagy Village, so long as it remains economicalJy feasible.
Thus, we request the County's assistance. Attached to this letter please find the specific
information required by your Public Private Partnership Policy. We estimate that the overall tax
impact of the proposed Keagy V illage Shopping Center upon build-out represents anywhere nom
COLUMBIA, SC ! FORT LAUDERDALE, FL / F¡ICHMOND, VA
Kahn Development Company
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$800,000 to $1,000,000 in annual revenue to the County, depending upon the number of
restaurants and retail shops that locate in the center and the level of sales activity. We are asking
that the County fund the direct tax benefits it receives for one year of the center's operation after
build-out. That would help defray the costs of the infrastructure. And it would allow us to offer
the incentives we need to provide a new grocer coming into this market. We realize that no monies
would come to us except for the direct tax revenues this project generates for Roanoke County.
We are also attaching the preliminary cost estimate prepared by our civil engineer for just the
offsite sewer and road work. That estimate, almost a month old, does not reflect VDOT's final
requirements as to road improvements, as we are still awaiting the same. We anticipate the cost of
these offsite public improvements to continue to grow, before we even begin to address the cost of
developing our own site.
Weare at a cross-roads in our development. We have not yet closed on the purchase of the
properties we have under contact. Confronting escalating infrastructure and site development
costs, and knowing that we will have to provide economic incentives to attract the quality grocer
we wish to anchor our development, we must make a decision on how and whether to proceed.
We recognize that, notwithstanding all our efforts to reach out to neighbors and others, and
notwithstanding the quality development we propose, this has been a controversial project.
However, we remain committed to this project if we can receive some assurance from Roanoke
County that, based on the economic performance of our center, some of the monies we will spend
on infrastructure improvements will be reimbursed at the appropriate time. Without that assurance,
we cannot develop the center given the incentives we must offer to a new grocer and given all the
infrastructure costs.
Please let me know if you need any additional information beyond that provided.
Yours truly,
Kahn Development Company
~'1 ~
¡;X~ Walter
iYtce President, Development
ATTACHMENT
TJW/ng
Attachment B
DRAFT 10/20/04
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PERFORMANCE AGREEMENT
THIS PERFORMANCE AGREEMENT (the "Agreement") is made as of this - day
, 2004, by and between the BOARD OF SUPERVISORS OF
of
ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia,
(hereafter, the "County"), the INDUSTRIAL DEVELOPMENT AUTHORITY OF
ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia,
(hereafter, the "Authority"); and KAHN DEVELOPMENT COMPANY, a South Carolina
corporation, (hereafter, the "Company").
WITNESSETH
WHEREAS, the Roanoke County Board of Supervisors and the Industrial Development
Authority of Roanoke County, Virginia, desire to promote and encourage the economic
development and vitality of Roanoke County and the Roanoke Valley through the recruitment of
new business for the citizens of the Roanoke Valley, in order to provide for increased
employment and corporate investment in Roanoke County; and
WHEREAS, the Company is the contract purchaser of approximately 15.3 acres of real
estate known as the Keagy Village Shopping Center, located off Keagy Road in the southwestern
portion of the County (the "Property"), and
WHEREAS, the Company desires to locate a new commercial retail development
consisting of a 135,000 square foot shopping center on this property (the "Project"), and
WHEREAS, the County and the Authority believe that the Company will create high
quality employment opportunities for the citizens of the Roanoke Valley by the development of
Attachment B
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this Project which will promote economIC development and generate new tax revenues for
Roanoke County, and
WHEREAS, the Company promIses to construct certain public infrastructure
improvements in the Project area; and
WHEREAS, this increased employment and investment constitutes a valid public
purpose for the expenditure of public funds.
NOW, THEREFORE, in consideration of the premIses and the mutual covenants
contained herein, the parties agree to the following:
1.
Project Description. The Company filed a concept plan dated January 22, 2004,
revised February 26, 2004, and revised again June 4, 2004, that proposes a lifestyle shopping
center with access from Route 419 and Keagy Road.
Kahn stipulates and agrees that
development of the property will be in substantial conformity with the proffered conditions of
Ordinance No. 062204-10.
The Company estimates that the Project will create approximately $16,000,000 million of
additional investment in real estate, buildings, and other infrastructure and approximately
$17,500,000 of annual sales from this Project at completion of occupancy. Kahn estimates that
the development of the Project will generate additional annual tax revenues for Roanoke County
in excess of $970,000 from real estate, personal property, business, professional and
occupational license fees, meals, sales tax, and machinery and tools taxes when the development
is built out and fully operational.
2.
Site preparation and public infrastructure improvements.
A.
The
Company
will
cause
the
following
improvements
("Qualifying
Improvements") to be made:
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Attachment B
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1)
Construct approximately 135,000 square feet of retail and office space in general
conformance with the concept plan dated January 22, 2004, revised February 26, 2004, and
revised again June 4, 2004 (attached as Exhibit A). While no time frame is established hereby,
the development may be phased over a period of years.
2)
Construct all public highway improvements to Route 419 and Keagy Road as
required by the Virginia Department of Transportation to provide ingress and egress into the
Property.
3)
Coordinate with VDOT for the improvements to a traffic signal at the Route 419
and Keagy Road intersection.
062204-10.
4)
Develop the property in accordance with the proffered conditions of Ordinance #
5)
Construct storm water management facilities to control drainage arising from off-
site developments to downstream properties as required by and in accordance with existing
County standards.
6)
Dedicate and convey at no cost to the County on-site easements in the Project in
such locations as are necessary for drainage and for public utilities such as water and sewer.
7)
Extend water and sewer lines to serve the Property, and to serve adjoining
properties as approved by the Western Virginia Water Authority.
B.
Where applicable, all improvements must be inspected and accepted by the
County and/or VDOT.
3.
Procedures for the reimbursement of County funds to the Company.
The County shall appropriate to the Authority a sum, as hereinafter described, as an
Economic Development Incentive Grant for the benefit of the Company. The sum will be equal
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Attachment B
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to the estimated total of one year of "New Local Tax Revenues." The tenn, "New Local Tax
Revenues," means the total of local real estate, personal property, business, professional and
occupational license fees, meals, and sales taxes and machinery and tools taxes generated
annually by the Project (in the event the Virginia General Assembly repeals or limits the
authority of the County to levy any of the local taxes described herein, but grants the County the
authority to levy a new local tax on this Project, then the revenues collected shall constitute New
Local Tax Revenues, as long as the new local tax may be used for general governmental
purposes and such revenues are assessed on or before December 31, 2009). It is estimated that
the amount of the annual New Local Tax Revenues will be $970,000. The Authority, upon
receipt of the appropriation of funds from the County, will award an Economic Development
Incentive Grant to the Company to reimburse it for the actual cost of construction of the
Company's Qualifying Improvement to the public infrastructure described above in Section
2(A), 2, 3, 5, and 7.
The Authority, with funds provided by the County, will reimburse the
Company as hereinafter set out for the Qualifying Improvements.
A.
The County will appropriate and allocate to the Authority and the Authority will
reimburse the Company up to a maximum of the actual cost of the "Qualifying Improvements"
described in Section 2(A), 2 3, 5, and 7. The Company shall be eligible to receive a Grant for the
equivalent of one (1) year of New Local Tax Revenues generated by this Project. There shall be
one grant payment which shall be made no later than March 31, 2010. The perfonnance period
required for the detennination of New Local Tax Revenues shall be any calendar year selected
by the Company with the reimbursement to be paid on March 31 of the next succeeding year.
The Company may choose anyone calendar tax year (2006, 2007, 2008 or 2009) for which it
will seek reimbursement.
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Attachment B
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B.
The Qualifying Improvements shall be those public infrastructure improvements
that are described in Section 2(A), 2,3,5 and 7, as well as other improvements in the public right
of way, water, sewer and fire connection fees, and that are approved in advance of construction
by the County in order to determine eligibility for reimbursement, including associated design
and construction management costs not to exceed 5% of the actual construction costs. Within six
(6) months of completion of construction of the Qualifying Improvements, the Company shall
submit such documentation as the County and the Authority may require as to the final cost of
the Qualifying Improvements that are eligible for reimbursement through the Economic
Development Incentive Grant.
c.
If the Company fails to fully construct the Qualifying Improvements described in
Paragraph 2(A), 1,2,3,5, and 7 and to accomplish the requirements of Paragraph 2(A) 4, and 6,
within four years of the date of this Agreement, then the County and the Authority shall be
relieved of any obligation to reimburse to the Company for any Qualifying Improvements.
D.
The Company shall provide such Qualifying Improvements information,
financial, and tax revenue data (the "Financial Data") as may be reasonably required by the
County and the Authority so that the Authority may calculate the amount of the Grant within
sixty (60) days ofthe end of the calendar year which the Company determines to use as the basis
for the Grant.
The Company authorizes the Commissioner of the Revenue and the Treasurer of
Roanoke County to disclose to the County and the Authority such tax information with respect to
the transactions, sales, meals, property, including personal property and machinery and tools,
income or business of the Company as may be necessary to determine the Company's
performance under this Agreement.
5
Attachment B
E-!
E.
The parties shall cooperate in obtaining all necessary financial and tax revenue
data as may be required to perform the calculations. The Company shall, upon receipt of all
information, prepare the calculation for reimbursement; submit the same to the County not later
than February 28th of the year in which it seeks to receive the Grant.
Should the Company be
unable to obtain the necessary financial data within sixty (60) days of the end of the calendar
year, extensions may be granted until such time as the information is provided.
4.
The Company shall have the right to assign this Agreement to a separate entity
provided that any such assignment shall not relieve the Company of its obligations herein.
5.
The Authority's obligations hereunder are expressly contingent upon receipt from
the County of the funds necessary to pay to the Company. The County agrees to take such steps
as are necessary to insure that funding is made available to the Authority.
6.
This agreement and any reimbursement of costs and improvements from public
funds are subject to future appropriations by the Board of Supervisors.
7.
This Agreement shall be governed by and all disputes related hereto shall be
determined in accordance with the laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and
year first above written.
BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By:
Elmer C. Hodge
County Administrator
KAHN DEVELOPMENT COMPANY
By:
6
Attachment B
E-I
INDUSTRIAL DEVELOPMENT
AUTHORITY OF ROANOKE COUNTY
By:
Chainnan
Approved as to fonn:
County Attorney
Authority Counsel
STATE OF VIRGINIA
)
)ss
)
COUNTY OF ROANOKE
The foregoing instrument was acknowledged before me this - day
of , 2004, by Elmer C. Hodge, Jr., on behalf of the Board of Supervisors for
Roanoke County, Virginia.
Notary Public
My Commission expires:
STATE OF VIRGINIA
)
)ss
)
COUNTY OF ROANOKE
The foregoing instrument was acknowledged before me this - day of
, 2004, by Billy Branch, Chainnan of the Industrial Development
Authority of Roanoke County, Virginia.
7
My Commission expires: _/ _/-
STATE OF VIRGINIA
COUNTY OF ROANOKE
)
)ss
)
The
foregoing instrument
, 2004, by
of
Company.
My Commission expires:
was
Attachment B
E-I
Notary Public
acknowledged before me this day
on behalf of Kahn Development
Notary Public
8
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CONCEPTUAL SITE DATA
EXlSTlNG ZONING: R.' & Co'
PROPOSED ZONING: Co2
TAX l'AACB. NUMBEI""
161.18-2.1 O...7ACRES
161.18-2.2 2.""ACRES
167.'8-2.3 1.116ACRES
167.18-2~ 2052ACRES
TOT~ACR£AGE: 15.&SACRES
TOT~ NaHa-EXCEED SOUARE FOOTAG6
.TOTAl"JO.oooSE.
.RETAIL"05.oooS.F.
. OfFICE' 25.000 S.F.
RETAJl S"""", . 99.500 S.F
OfFICE S"""", . 19.500 S.F.
TOT~ PARKING REQUIRED FOR SHOWN
SQUARE FOOTAGE: sœ SPACES
.RETAll438SPt.CES@U',oooS.F.
.OFFICEB8SPACES@3.5/1000S.F.
lOAONG SPACES REQUIRED:
. RETAIL 3 SPACES
.OFFICE'SPACE
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KEAGY VILLAGE
CONCEPT PLAN
Exhibit A
Roanoke
, Vir gin i a
Kahn
Development
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ACTION NO.
ITEM NO.
E-d
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26, 2004
AGENDA ITEM:
Request to appropriate funds in the amount of $29,700 to
participate with Roanoke City in a library study
SUBMITTED BY:
Diane D. Hyatt
Chief Financial Officer
Elmer C. Hodge ~ 1/+
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
The City of Roanoke has hired the firm of Hidell Associates Architects to do a study of the
City library system. In its current form, this study will result in recommendations for the
future direction ofthe Roanoke City library. If the Board wants to study a regional library, it
would be advantageous to expand this study to include the County libraries. This
amendment for the County would include the following services:
. Physical assessment of County library facilities
. Review of prior studies/library materials
. Review of County planning documents
. Demographic studies
. Focus groups
. Stakeholder interviews/meetings
With this project amendment, the consultants can provide an alternative that will show what
a regional library system could provide. It will also provide us with a professional analysis
of the County library system at a reasonable price.
E-~
FISCAL IMPACT:
The amendment to the City contract would be $29,700. This amount would need to be
appropriated from the Board Contingency Fund.
STAFF RECOMMENDATION:
Staff recommends appropriating $29,700 from the Board Contingency Fund to amend the
City of Roanoke contract with Hidell Associates Architects to include the County libraries.
ACTION NO.
~\-jJ
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26, 2004
AGENDA ITEM:
Requests for public hearing and first reading for rezoning
ordinances - consent agenda
SUBMITTED BY:
Janet Scheid
Chief Planner
APPROVED BY:
Elmer C. Hodge ê ff
County Administrator
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 November 16. 2004.
The titles of these ordinances are as follows:
1. The petition of Roanoke County Board of Supervisors to rezone 4.83 acres from 11C,
Industrial District with Conditions to R1, Low Density Residential District in order to
develop a public park and recreational area, located in the 5600 Block of Hollins Road,
Hollins Magisterial District.
2. The petition of New Century Development Co., LLC to rezone 9.78 acres from R1, Low
Density Residential District, to 11, Industrial District in order to develop a warehousing
and distribution area, located at 7704 - 7706 Friendship Lane, Hollins Magisterial
District.
Maps are attached. More detailed information is available in the Clerk's Office.
1
FI-~
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 November 16. 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
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County of Roanoke
Community Developmént
Planning & Zoning
For Staff Use Only
Date received:
5204 Bernard Drive
POBox 29800
Roanoke, VA 24018-0798
(540) 772-2068 FAX (540) 776-7155
:¡~::~:;!;' '<ji!ifi~~ii!$ , ,
Application fee:
,.vA
PCIBZA date:
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Placards issued:
Case N'IUIlber
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Check type of application me<! (check all that apply)
~zon.ing 0 Special Use 0 Variance
0 Waiver
0 Administrative Appeal
Applicants name/address whip
~c~tc..e- Ctll.nd-'J (ŠO{~ ",-I .s (,{/'" .-:..rv~ J ".-.f'
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Owner's name/address whip
Phone: ì 77- - 2l)O.T
Work:
Cell #:
Fax No.: ì ì.2.... - )..(1 "J
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Phone #:
Work:
Fax No. #:
Property Location
S"'t 00 Þ!ve-k- ;41/'-f-¡ f l-¿oð-oI..
Magisterial District:
Community Plan.ning area: !-h:.u. : '" ç
Tax Map No.: ...-r"-1
ð 2."6 '] - cJ I - ~ 7 . ¿:j.r Existing ZoDing: ..f./'" C-
Size ofparcel(s): Acres: 'i. ¡ J Vi-¿,-.¿r Existing Land Use: I/¿{..¿;...~+
:~-"'~"':1~:i~~:~r~,~L1L. ~$# ~!:;tWfrw.,.:'!t~l~~4i.~~~,,~~W. ..,'~--- -.-, ..-.--."'- . ..",'-"-.",,,.---..,"""-""'"
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Proposed ZoDing:
Proposed Land Use:
~k- -r re.- ~ '" ..-v< a..-r- e., ~
Do the parcel meet the minimum lot area, width, and fro$ge requirements of the r~quested district?
~ ,No IF NO, A VARlANCEISREQUIREDFIRST.
'Does the parcel meet the minimum criteria for the requested. Use Type? Yes No
IF NO, A VARIANCE IS REQUIRED FIRST
If rezoDÍI1g request, are conditionS being proffered with this request? Yes
No
<'",~1i~:wÅhŒR;ANb,ÂDMmi~~lP¡:i~i~pH_'~ð;;iW;i4t"':""'-: -,-,'-,--'," "-','"",""
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Variance/Waiver of Sectíon(s) IV / A of the Roanoke CO1mty Zoning Ordinance in order to:
,
Appeal of ZoIlÏ11g Administrator's decision to
Appeal of Interpretation of Section(s):
Appeal of Interpretation of ZoDÎDg Map to
of the Roanoke County ZoIlÎ1lg Ordmance
Is the application complete? Please check if enclosed. APPLICATION Wll..L NOT BE ACCEPTED IF ANY OF TIIESE
ITEMS ARE MISSING OR INCOMPLETE.
RlSfW VIM RfS/W V/AA RfSfW VIAA
m Consultation ~ g 112. x 11" CO1lCept p]an ~ Applkation fee
'Application Metes aDd boUDds description Proffers. if applicable
, , Justifica:tion - Water and sewer a.pplicatioIl ""---' Adjoining prop~rty owners
. I hereby certify that I am either the owner of th~ pr erty or wn;¡jer's gent or coDíract purchaser and am acting with th~ knowledge aDd'
consent of the owner. ,
..,.." , ' Owner's Signature
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Tax Map No. 28.13-1-27.5
AMENDMENT TO PROTECTIVE COVENANTS
MOUNTAIN VIEW FARM TECHNOLOGICAL PARK
Tlús Amendment to the Protective Covenants of the Mountain View
Technological Park, made, effective as of this - day of I 2004,
by the Roanoke County Board of Supervisors; Cardigan, LLC; and DePaul
Family Services, Inc., hereinafter referred to as the Owners.
WHERP.AS, the Qvvners are all of the o""""TIers of that certain property
made subject to certain Protective Covenants dated May 24, 1983, and recorded
in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed
Book 1199, page 1417, and the Amendment to Protective Covenants dated
January 12, 1988, and recorded in said Clerk's Office in Deed Book 1281, page
699; and,
WHEREAS, the Roanoke County Board of Supervisors has recently
acquired that certain parcel of land, consisting of 4.83 acres, and described as
New Tract B-1A-2, located on Hollins Road and shown on plat of record in Plat
Book Plat Book 23, page 19, for future use as public property, i.e. park and
recreational uses, by deed dated ,. and recorded in the
aforesaid Clerk's Office as Instrument # , and has requested
that said parcel be released from the above-referenced Protective Covenants;
and,
WHEREAS, the Owners have agreed to such release and hereby enter into
this Amendment to accomplish said release pursuant to the termination and
modification provisions of Section 7.02 of the Protective Covenants, recorded as
aforef;aid h'1 Deed Book 1199, page 1417.
NOW, THEREFORE, pursuant to the provisions of Section 7.02 of the
Protective Covenants dated May 24, 1983, and recorded in the aforesaid Clerk's
Office in Deed Book 1199, page 1417, the Owners agree that the following parcel
of real estate, located in the County of Roanoke, Virginia, is hereby released from
the force and effect of the Protective Covenants and the Amendment to
Protective Covenants described above, to-wit:
All that certain lot or parcel of land, together with any improvements
thereon, rights incident thereto and appurtenances thereunto belonging, situate
in the County of Roanoke, Virginia, being designated and described as "new tract
B-1A-2 - 4.83 acres" upon the 'Plat Showing the Resubdivision of Property of
II
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Norman D. Mason Creating Hereon New Lots New Tract /fB-IA-I" (2.33 acres),
New Tract "B-1A-2/f (4.83 acres), Being Original Tract /fB-1A" (P.B. 17 PG. 5)
Situated Along Hollins Road (Route #604)' dated March 1, 2000, prepared by
Lumsden Associates, P.C, and recorded in the Clerk's Office of the Circuit Court
of the County of Roanoke, Virginia, in Plat Book 23, page 19, said plat being by
reference incorporated herein. Said parcel of land is identified upon the Roanoke
County Land Records as Tax Map #28.13-1-27.5.
Except as modified by this Amendment, all of the terms and provision of said
Protective Covenants and Amendment to Protective Covenants are hereby
expressly ratified and confirmed and shall remain in full force and effect.
This Agreement may be executed in one (1) or more counterparts, all of
which taken together shall constitute one (1) instrument and constitutes the
entire agreement between the parties as to the subject matter herein described.
This Amendment is executed by a duly authorized administrator of Roanoke
County, Virginia, on behalf of the Board of Supervisors of Roanoke County,
Virginia, pursuant to Ordinance # adopted by said Board
on the - day of . 2004.
WITNESS the following signatures and seals:
ROANOKE COUNTY BOARD OF SUPERVISORS
By
Elmer C. Hodge, County Administrator
Approved as to form:
Vickie L. Huffman
Senior Assistant County Attorney
2
F'
By
State of ~tJ '-Ill I ft. I
fo.JJJ(f of a..A;okÍ-r, to-w' :
~ The foregoing instrument was acknowledged thiS.) J J day of
(,,(6 C{'i>~ , 2004, by Jo¡'ÜJ W. ~-=-) , its MA.JAUAJ' dt:~E~on
behalf of Cardigan, LLC ~ ~ ¿ jl..rJ
Not dublic
C"""I'1WI:># t;-Ií.!J/({.> :lÄ1/~~l'
3
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DeP AUL F~_SERYICES' INC
" C; (
By /í, - ~ .
State of j\\Gu(\)ð ,
-~~Ol)((}~- of "'ROBîi) ~ to-wit:
The foregoing instrument was acknowledged this \2 day of
~ 2004/ by ~T;-b ~b\4Qf" , its fx£.t.. \)~ï(?,ÓO\On
behalf of DePaul Family SerVices, Inc.
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U,-,281PG
0069)
DEL. COUNTY ATTORNEY
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æ::rm::rIVE CDJENANl'S
foD.N1'A!N V]Ðrl FARM 'ŒXJH:!LCGIc;AL PARK
This enenàneot to the Protective COveMnts of tre M:u1tltin View Farm
'I'ednological Park, is made this
1;1 ~
day of January, 1968, by the
Roenoke County Board of SuperviE!!Ors: ÞW, Inoorporated: and Shirrc:hock's.......
....--
Litho Service, Ire. (hereiMfter the "owners") pur9U!!nt' to tl-e modification
provisioos of Sso:tion 7.02 of the Protective O:Jver\!mts as recorded In Deed
Book 1199, Pftge 1417, among the records of the Clerk of the Circuit O:xJrt
-
for Rœnoke Ccu!'1ty I Virginia.
The CW1er8 hereby agræ to modify or mend the Protecti va Covenants
previously ùrpœed, and are the 0WI"'Ien!J of more tMn sixty-five peroent.
(65%) of the property specified in Exhibit "B". 'lb! modlfiCðtlons or amend-
manta to Article V, "Additional Restrictions" are as fol1~:
5.05. Public Uæ Park
That certain parcel of real estate 0¥A'\ed by ths County of Rœnoko, as
deecr ibed in a eurvey dated the 27th day of October, 1987, and recot"ded in
t:ha office of the Clerk of the Circuit Court end found in Plat Book 10 ðt
page 109, containing epprorlmate1y eight (8) ecres, is hereby reserved to
-
rsnein ð9 is, until the need arises for this parcel to be used for other
pub lie park and recrea ti ooa 1 uses .
'l"hese public pm-k and recreational
ætivitiæ are. limited to football, soccer, baseball, either aCkL.¡; or
youth, and 8ÌJT'.Ì.lar endesvoœ.
5 . 06 . Þt:oess to Pub 11 c Uge Par k
The ~ to the pblic use park shell be fran Hollins Road.
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00700
ApprOved 88 to form:
\=>~'Wt.~/
=:'A= ð
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acUities
ea
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State of v~ '
County of " to-wit:
'Ihe f°rEl9Olng instrunent was acknowledged before ne this 1 ~
of ~...L....t~. r 1989, by Elmer C, Hodge, Q)unty Administrator.
Ë.
day
Notary
r-t¡ cx:mrJ.esion empires: ~ (,. ¡ I t1 ~ .
Commonwealth of Pennsylvania
Otu\ty of D~UDhin , to-witz
(
'n1e foregoing instIuœnt wœ ~1edged before ne this ~'däy"',
(If Febru~ ' 1989, by ,""..1 t1""'¡"~"'gq;.. , on behalf -of ~;' ""r .
1æorporO " Q ~:;.... .~{,', ,
,..; h,t ~.:::.'
~JP~ ß, .~ ~:~;
~ll.C . . .... . c;" . '... ;
oWt'EllT/\ AH\' r'1.IëUC ". -;. ~: ~J r-\\\~ ',;.../
tI¥ camù.asion expires: UVcaaul!3SlON JA/L3).1992 -', """,'¿¡;~"'"
_T'~hY\'" f>^ ~COt.MY """ t, ,.,.-
'0.......""
Stðte af Virgi..'Û.a,
County of Roanoke
, to-wit:
'!ha foregoing i.n!:tnJment wes 8.Ckn:Jwledgad before lIE! this 3rd day
of March , 1989, by Stephen L. Shlmchoclt , en behalf of
-'. Litho """'ica, 1R:. ~
--~ 4~/
, No Public
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7
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24
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27
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I
\
";K1199PS 01417
Del. County Attorney
'- ~.3 rf
Protective Covenants
Mountain View Farm Technological Park
This Declaration, made this~ day Of~, 1983, by the
Roanoke County Board of Supervisors (hereinafter- "~cl~rant").
Article I.
Recitals.
1.01. Declarant is the owner of certain real property in. the County
of Roanoke, Virginia, described in Exhib1t~"A. wb1ch is attached hereto
and by reference made a part hereof (hereinafter the "property.).
1.02. In order to establish a general plan for the improvement and
development of the Property. Declarant desires to impose on it mutual,
beneficial restrictions for the benefit of all the lands in the Property
and for the benefit of Declarant and the future owners of those lands.
1.03. The Property is part of a larger al"el of real property owned by
Declarant as of the date of this Declaration in the County of Roanoke,
State.of Virginia, described i~ Exhibit ~B.~which is attached hereto and
by reference made a part hereof (hereinafter the "Retained Parcel"). .
1.04. In order to in~ure the proper development and use of the
property in relation to the development and use of the Retain~d Parcel.
to protect the owner of each parcel within the Property and within the
Retained Parcel against such improper development and use of parcels
within the Property and of the Prope~ty as a whole as will depreciate the
value of his parcel. to prevent haphazard and inhanmonious improvements.
and in general to provide adequately for a high type and quality of
improvement and use of the Property in accordance ~fth a general plan for
the development of the Mountain 'View Technologica~ Park as a whole.
Decla.rant desires to subject the Property and each parcel or the Property
to certain covenants for the benefit of all property wfthin the Retained
1
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1t<1199PS 01419
60 2.04. Definitions
61 (a) Area ~f Elevation. Total height and length of a building as
62 projected to a vertical plane.
63 (b) Building Line. An imaginary line parallel to the street
64 right-of-way line specifying the closest point from this street
65 right-of-way line that a building structure may be located (except for
66 overhangs, stairs and sunscreens).
61 (c) Lot. The fractional part of blocks as d;yided and subdivided
68 on subdivision maps of the official records of Roanoke County. Virginia.
69 as they from time to time become current. .
70 Cd) Right-of-way Line. When referenc~ is lliade to right-of-way line
71 it shall mean the line which 1s then established by the Virginia
72 Department of Highways and Transportation.
73 (e) Side!!!,d Front J!f Lots!!!,d Sites. The Front of a Lot or Site.
74 except a corner Lot or Site. is the portion thereof facing on any street.
75 (Thus a Lot or Site may have two Fronts where. for instance. it faces
76 onto two parallel streets. As to corner Lots or Sites. the narrowest
77 frontage of a Lot or Site facing the street is the Front. and the longest
78 side facing the intersecting street is the Side. irrespective of the
79 direction in which the structures face).
80 (f) ~n. Arty structure. device or contrivance, electric or
81 non-electric and all parts thereof which are erected or used for
. .
82 advertising purposes upon or within'which any poster. bill. bulletin.
83 printing. lettering painting. device or other advertising of any kind
84 whatsoever is used, placed, posted. tacked, nailed, pasted. or otherwise
85 fastened or affixed. .
86 (g) Site. A11 contiguous land under one ownership and tenancy;
87 provided. however. that multiþle occupancy of a building in accordance
88 with Paragraph 4.04 of this Dec1arat10n does not destroy a parcel's
89 character as a Site. .
90 (,h) Streets. Reference to an streets or rights-of-way within this
91 ~ shall mean dèdicate~ \ehicular rtght-of-WðY. In the case of
92 private or non-dedicated strêets. a minimum setback from the right-of-way
93 line.of.said streets of ten.CI0) feet shall be required for all
94 structures. Except for sidewalks or. access drives. this area shall be
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128
129
130
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132
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145
146
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153
154
155
156
157
158
159
160
161
162
~K1199r8 01421'
Scientific and Mechanical instruments ~ t
Testing Equipment ,
(c) Other manufacturing to include but not .limited to the following
examples:
(1) Manufacture and/or assembly of the follow1ng or sim1lar
products:
Clocks and watches
Coffins'
Ceramic Products
Electrical Appliances
linoleum .
Musica1 instMJments
Neon Signs
Novelties
Oil Well Valves & Reapirs
Optical,Goods'
Refrigeration
Screw Machine Products
Shoes '
Silk Screens
Sport1 "g' Goods"
Springs
Stencils
Toys
(11) The manufacturer of products or products made from the
fo11Ow1ng or similar materials: "
, .
Aluminum' ,
Bags, Except Burlap Bags or Sacks
Batteries
Boxes, 'Paper:
Brass' .
Cans
Copper
Glass' . .,"
Grinding Wheèls
, :',
,
. .-
5
. '
. .
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1
200
201
202
Z03
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
8K1199PS 01423
198
199
Article IV'.
Development Sbndard$. .
4.01. Setbacks
No building shall be located on anyone or IIIOre lots nearer to the
front lot line or nearer to the side lot'line than the minimum setback
set forth below:
(8) Front Yard Setback. No structure shall be located within
fifty-fiv~ (55) feet of the center line of an adjacent street
right-of-way or fifty feet (50) ft'Olll the property 1 ine. whichever is
greater. '
(b) Side Yard Setback. Fifty (50) feet. except that unsupported
roofs and sunscreens may project three (3) feet into the setback area;
provided that if II single building is constructed on two or more lots..
(or if a Site on which a single building was originally constructed is
furthe.' subdivided into two or more Lots in accordance with the
provisions of Paragraph'S.02 of this Declaration) no side yard setback is
required fram interior lot lines; provided further that. fn any event.
there shall be at least twenty (20) feet of open space between all
buildings on the Property Which area shal1 be a Side Yard Setback Area
for the purpose of this Declaration. In the case of a corner lot, the
street side ~etback shall be thirty (30) feet. except that unsupported
roofs and sunscreens EaY project. six (6) feet into the setback area.
Interior lot lines for a comer lot shall be considered side Lot lines.
(c) Whenever It building is constructed upon a lot adjaCent to a
residential district boundary, there shall'be provided a yard'of fifty
(50) feet or more on the side of the building adjacent to such a
residential district boundary line.
(d) Rear Yard Setback. "fifty (50) feet setback is required.
226
227
228
229
230
231
4.02. Site CoV'eroge '
Maximum 'building coverage of fifty p!rcent (50~) of a Sfte'is
allowed. Parking structures shall not becilculatedas building area;
however. said' structures shan be used ónly for the 'parlcing of company
vehicles. employees' Yehicles~ or vehicles be1onging to persons visiting
the subject ff~. '
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267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
ZB4
285
286
287
288
289
290
291
292
293
294
295
296
297
298
BKt199P801425
twenty (20) feet, as measured from the.property line, of any street
side setback area. However, the above standards shall not ~pply to
the Community Directional Sign, Special Purpose Sign. Construction
Sign. or Future Tenant Identification Sign.
(g) Wall signs shall be fixture signs; signs painted directly on
the surface of the wall shall not be permitted.
(h) A wall sign with the individual letters applied directly shall
be measured by it rectangle around the outside of the lettering
and/or the pictorial symbol and calculating the area enclosed by
such line. .
(1) One (1) construction sign denoting the architects, engineers.
contractor, and other related subjects. shall be permitted upon the
commencement of construction. Said sign shall contonl to applicable
zoning ordinances and regulations.
(j) A Future Identification Sign 1isting the name of the future
tenants, responsible agent or realtor, and identification of the
Roanoke County Mountain View Research and Technological. Park shall
be permitted. Said sign shall confonm to applicable zoning
ordinances and regulations.
(k) Special Purpose Signs, used to give directions to traffic or
pedestrians or give instructions as to special conditions, and
Community Directional and/or Identification Signs. used to give
direc~ions to and identify areas within Roanoke County's Mountain
View Research and Technological Park shall be in conformity with
app11cable zonfng'ordiances and regulations.
4.06. Parking .',
Each owner of a site shall provide adequate off-street parking to
accOnnIOdate al" parking needs for the s1tl. The intent is to e11minate
the need for anyon-street parking. .
Reqùired off-street parking shall 'be provided on the site of the use
served.
The following guide sha11 be used to detenm1ne parking requirements:
; ".
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9
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334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
~K'li99pa 01427
streets, freeways, and adjacent properties. Plant materials used for
this purpose shall consist of lineal or grouped masses of shrub~ and/or
trees.
(e) Buffer Strip. A fifty (50) foot wide buffer strip and pine
tree plantings will be located along the south and west property lines of
the Mountain View Farm Technological Park to provide additional
protection to adjacent residential properties.
(-I
4.08. loading areas.
No loading shall be allowed wMch is visible from adjacent streets.
Street side loading shall be allowed ~rovided the loading dock is set
back a minimum of seventy (70) feet from the street right-of-way line. or
one hundred ten (110) feet from the street centerline. whichever is
greater. Said loading area must be screened from,view from adjacent
residential areas.
4.09. Storage areas.
All outdoor storage .shall be visually screened from access streets.
and adjacent property. Said.screening shall form a complete opaque
screen up to a point eight (8) feet in vertical hei'ght but need not be
opaque above that point. No storage shall be penDitted between a
frontage street and the building line.'
354
355
356
357
358
4.10. Refuse Collection Areas.
All outdoor refuse collect1on areas shall be visually screened from
access streets. freeways. and adjacent property by a complete opaque
screen. No refuse co1lection areas shall be penmitted between a frontage
street and the building line.' . .
359 4.11. Telephone and Electrical SerVice'"
360 All .on site- electrical lines (excluding lines in excess of 12 KV)
361 and telephone'lines shall be placed underground. Transfonner ar terminal
362 equipment shall be visually screened from view from streets and adjacent
363 ,properties.
... .
, ,
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11
395
396
397
398
399
400
,401
402
403
404
405
406
407
408
,31(1199,.801'429
4.15. EJter1or lighting
All exterior lighting shall be designed and located to pre clyde
reflection or glare into adjoining properties or rights-of-way.
Article Y.
Additional Restrictions.
5.01. No access froD Headewood Drive
No lot or site shall have direct access onto Meadwood Drive and no
driveway or other provision for access other than dedicated streets shall
be constructed onto Meadewood Drive.
5.02. No lot Subdivision
Each and every :.1te sha11 consist of at least one whole or entire -
lot. No owner shall initiate action to reduce the size of any lot or
further subdivide any lot within five (5) years from the date of this
Declaration.
409
410
411
412
413
5.03. Site Plan Approval
A site plan for each lot on the property shall-be submitted as
required by the Roanoke County Zoning Ordin!nce. The Declarant shall
insu~ that all applicable covenants are reviewed a~d included within the
site plan prior to approval.
414
415
416
417
418
5.04.. Rail Access'
There will be no rail access to the site across Hollins Road (State
Route 601). .
"0'
Artiele yr.
'Enforcement.
419 6.01. Abatement and Suit
420 ,~iolation ~r b~ch ~f any restriction and,èovenant herein contained
421 - shall give to- Declarant. ånd 'every other oWner of property for whose'
422 benefit these restrictions and covenants are expressly made, the right to
423 ,prosecute a proceeding at law or in equity against the person or persons
424 who have violated or are attempting to vi9late-any of these restrictions
13
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453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
. 486
iK1199P801431
Article VIII.
Miscellaneous Provisions.
8.01. Constructive Notice and Acceptance
Every person who now or hereafter owns or acquires any right. title
or interest in or to any portion of said property is and shal1 be
conclusively deemed to have consented and agreed to eve~.covenant.
condition and restriction contained h~rein, whether or not any n!ference
to this Declaration is contained in the instrument by which such person
acquired an interest in said property.
8.02. Rights of Mortgages"
All restrictions and other provisions herein contained shall be
deemed subject and subordinate to all mortgages and deeds of trust now Dr
hereafter executed upon land subject to these restrictions, and none of
said restrictions shall supe~ede or in any ~y reduce the secur;ty or
afTect the validity of any. such mortgage or deed of trust; provided,
however. that if ar.y portion of said property is sold under a foreclosure
of any mortgage or under the provisons of any deed of trust, any
purchaser aT such sale, and his successors and assigns. shall hold any
and all property as 'purchased subject to all the restrictions, covenants,
and other provisions of this Declaration.
8.03. Mutuality, Reciprocity; Runs"with Land
All restrictions. covenants and agreements contained herein are made
for the direct. øutual and reciprocal benefit of each afld every part and
pa~cel of said property; shall create mutual. equitable servitudes upon
each"parcel in favor'of eve~ other parcel; and shall create rec;procal
rights and obligations betwen the respective owners of all parcels of the
property and pr1vi~ of contract and estate between all grantees of said
parcels. their heirs. successors and assigns. .
In addition, al1 restrictions contained herein shall operate as
cöŸ~nants running with the land for the benèfit of the land described in
Exhibit .B8 hereto and shall insure to the" benefit OT all grantees of:
said land, the~r heirs,. successors and assigns. å~d shall apply to and
bind the grantees of any and all parcels of the property, their heirs.
successors. and assigns. . .
15
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BK1199ra01433
wmmss the followi.."lI;J signatu:œs and seals tbe day and year first
heI:eiI1abtNe written.
lO!næ ~ BœæD œ StJPERIJIS'ORS
~~
Attest :
State of virginia,
0J0nty of Pœnoke, tcHri.t:
~ faIegoinq Pxotective Covenants for the Mcunta.in View Fann
'l'echno1.ogica1 p~ were this' ~S ¿ ~ of ~, 1983,
ac).:.I1ow1edged befoxe tie by Donald R. F1.anders, QJunty 2Iiin.in:i.st:r, an'I
Patricia R:ic1JraId, DepL1ty Clerk, Œl behalf of the ~ County Boa:td
of~.
i .,
My cœmissi.cn expins:
'.
F~ I
= T~ax $ In ~ Cler1<'s Office of t'dCircuit ~ for the County of Roanoke, Va. Un
. :: F $ ~ day of "7'2-9--- 1 this ins:mmeTlt was presented and
ra er ee $~. \Y)l'Jq'd~cce,.t.fica:l.aCkncw,e"':ml'.r'~'!"r'-"" ..~.w,.,t ""n""~,l,toreco"rda
'Ierk's Fee ~ ':IC:J ,," ',. ~. o. ..', ".."..
; . ~ .. o',;.oçk ' M. Tile t.:~:!; ,m~.c:¡:::.:l by ;:'.Jr. :':G-~-' '¡!~58.54.1
t:: & 22OA $_----: of the code hnve been ~ald. ~i.' -..' ....~~ I
rot8t tx'l~ TesteG' S--~ t:P~Ñ' ,....~ ,,::;.....-:14/, CIertc
, , , By ,,~ '1? d..; t:â Ú.l -(,.4J [)eo. CWt-
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200415966
rJI
Return to;
Roanoke County
Attorney's Office
This conveyance is exempt from state and local recordation
taxes Wider Virginia Code §58.1-801, pursuant to Virginia
Code §58,l-8 1 1 (A)(3),
THIS DEED made and entered into this ;JJ¡ Ifh day of August, 2004, by and between
NORMAN D. MASON. party of the flIst part, hereinafter referred to as "Grantor"; and THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY. VIRGINIA, a political subdivision of the
Commonwealth of Virginia, its successors or assigns, party of the second part, hereinafter referred to
as "Grantee".
WITNESSETH:
That for and in consideration of the sum ofTEN DOLLARS ($10,00), cash in hand paid, and
other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor
does hereby BARGAIN, SELL. GRANT, and CONVEY, in fee simple with GENERAL
WARRANTY and MODERN ENGLISH COVENANTS OF TITLE, free and clear of all
encumbrances, unto the Grantee the following described real estate, to-wit:
I
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All that certain lot or parcel ofland, together with any improvements thereon, rights
incident thereto and appurtenances thereunto belonging, situate in the County of
Roanoke, Virginia, being designated and described as "NEW TRACT B-lA-2 - 4.83
ACRES" upon the 'Plat Showing the Resubdivision of Property of Norman D. Mason
Creating Hereon New Lots, New Tract "B-1 A-I" (2,33 ACRES), New Tract "B-IA-2"
(4.83 ACRES), Being Original Tract "B-1 A" (p.B. 17 PG. 5) Situated Along Hollins
Road (Route #604)' dated March 1, 2000, prepared by Lumsden Associates, P,C.,
and recorded in the Clerk's Office Dfthe Circuit Court of the County of Roanoke,
Virginia, in Plat Book 23, page 19, said plat being by reference incorporated herein.
Said parcel ofland is identified upon the Roanoke County Land Records as Tax Map
#28.13-1-27.5.
,
0 ~. ~,"" rr¡A {ill," ~.., l{,.A{i
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THIS BEING all the remaining portion of the same real estate acquired by Nonnan
D. Mason from Shimchock's Litho Service, Inc., by deed dated August 9, 1994, and
recorded in the aforesaid Clerk's Office in Deed Book 1460, page 1292.
This conveyance is made subject to all recorded conditions, reservations, easements and
restrictions affecting title to the property herein conveyed.
To have and to hold unto the Grantee, its successors and assigns forever.
This deed is executed by a duly authorized administrator of Roanoke County to signify
acceptance by the Board of Supervisors of Roanoke County, Virginia, of the real estate conveyed
herein pursuant to Ordinance No. 062204-9 adopted by said Board of Supervisors on the 22nd day of
June, 2004.
WITNESS the following signatures and seals:
~
(SEAL)
Approved as to form:
BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By ct:- (5) ~
Elmer C. Hodge
County Administrator
(SEAL)
L
State of Virginia
County/City of KDC&.¥Io le-, to-wit:
The foregoing instrument was acknowledged
by Norman D. Mason, Grantor.
My commission expires:
~t.. ~ \ \ '2a?L
2
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I'~ '.,J co ~. HI-' ,.1 '- ~' '-t',
F-t
State of Virginia
County/~of RoQ..l1..oKc:. , to-wit:
The foregoing instrument was acknowledged before me this ~+h day of August. 2004, by
Elmer C. Hodge, Jr., County Administrator, on behalf of the Board of Supervisors of Roanoke
COmIty, Virginia, Grantee.
My commission expires: ~.
I
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Notary Public
tL& . ;¿DO?
,
INSTRUMENT ~20041596£
RECClf:I1ED IN THE CLEF.:K ,,' S OFF I CE OF
RDAf,mt:::E COUNTY ON
AUGUST 27, 20Ø4 AT lû:40AM
$250.00 GRANTOR TAX WAS PAID AS
~:EGHJ IF.:EII E:'¡' SEe se. i -:::02 OF THE VA. CODE
STATE: $125.00 LOCAL: $125.00
':'T;-~' 't:"N ':', 7,vrp-'v ¡'t ::l;:'k'
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'¡'¡'y'" --------------------~----- "I.._",
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F-I
SETTLE~TSTATEN[ENT
NORMAN D. MASON
to
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
August 27, 2004
Seller's Statement
Sale Price
$250,000.00
Deposit
$
1,000.00
Grantor's Tax - Deed
250.00
2004 (2nd half) Pro-Rata
Real Estate Taxes
342.54
Total Balance Due to Seller
248.407.46
$250,000.00
$250,000.00
Buyer's Statement
Purchase Price
$250,000.00
Deposit
$
1,000.00
Recordation Costs - Deed
17.00
Title Search and Insurance
975.00
Environmental Study (pac)
Balance Due from Purchaser
249,992.00
$ 250,992.00
$ 250,992.00
Disbursements
f-I
CHECKS:
Clerk of Roanoke County Circuit Court
$ 267.00
975.00
342.54
Southern Title Settlement Company
Roanoke County Treasurer
WIRE TRANSFERS:
Nonnan D. Mason
248.407.46
$249,992.00
~~ ~--"
NORMAN D. MAS
BUYER:
~ H cnf)(1
Elmer C. Hodge, County Administrator
THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
2
T:\VHuffrnan\P ARKS\M:ason\Rezoning legal.Exhibit A.wpd
(t
EXHIBIT A
All that certain lot or parcel ofland, together with any improvements thereon, rights incident
thereto and appurtenances thereunto belonging, situate in the County of Roanoke, Virginia,
being designated and described as "NEW TRACT B-IA-2 - 4.83 ACRES" upon the 'Plat
Showing the Resubdivision of Property of Norman D. Mason Creating Hereon New Lots,
New Tract "B-1 A-I" (2.33 ACRES), New Tract "B-IA~2" (4,83 ACRES), Being Original Tract
"B-1 A" (P,B. 17 PG. 5) Situated Along Hollins Road (Route #604)' dated March 1, 2000,
prepared by Lumsden Associates, P.e., and recorded in the Clerk's Office of the Circuit
Court of the County of Roanoke, Virginia, in Plat Book 23, page 19, said plat being by
reference incorporated herein. Said parcel ofland is more particularly described as follows:
BEGINNING at a point on the west side of Hollins Road (Virginia Secondary Route 601)
designated as Comer 5A on the above-referenced plat, said corner being a common comer
to the property of DePaul Family Services, lnc" referenced as Tract B-1 A-I on the plat,
as recorded in the aforesaid Clerk's Office in Deed Book 1460, Page 1292, and to the
property of the Board of Supervisors of Roanoke County, Virginia, referenced as Tract B-
1A-2, as recorded in the aforesaid Clerk's Office as Instrument #200415966, thence N 68°
41' 45" W with the division line between Tract B-1A-l and Tract B-IA-2 a distance of
624.09 feet to Comer 2A as shown on the above-referenced plat; thence turning and
running N 21 ° 161 30" E a distance of 313.26 feet to Comer 3 at an existing iron pin;
thence turning and running S 73° 04' 25" E a distance of 599.09 feet to Point 4; thence with
a curve, an arc distance of 41.18 feet with a radius of 25.00 feet and on a chord of S 25°
53' 05" E 36.68 feet to Point 5 at an existing iron pin; thence running parallel with Hollins
Road S 21 ° 18115" W 334.06' to Comer 5A, the POINT OF BEGINNING of the said Tract B-
lA-2 containing 4.83 acres.
Said parcel of land is identified upon the Roanoke County Land Records as Tax Map
#28.13-1-27.5
This being all of the same real estate conveyed to the Board of Supervisors of Roanoke
County, Virginia, by deed dated August 26, 2004, from Norman D. Mason, and recorded in
the aforesaid Clerk's Office as Instrument #200415966.
--1 ~N
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Site Location
Parcel: 28.13-1-27.05
---...
legend
I_A~
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AR
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Roanoke County
Department of
Community Development
N
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Applicants Name: Roanoke County Board of Supervisors
Existing Zoning: I1C
Proposed Zoning: R1
Tax Map Number: 28.13-1-27.05
Magisterial District: Hollins Area: 4,8 Acres
September 24, 2004 No Scale
føQ
County of Roanoke
Community Development
Planning & Zoning
For Staff Use On!
Date received:
Received by:
N"-
5204 Bernard Drive
POBox 29800
Roanoke, VA 24018-0798
(540) 772-2068 FAX (540) 776-7155
Placards is5Ued:
BOS dale:
Case Number 30 - \ l
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Check type of application filed (check all that apply)
IX Rezoning 0 Special Use 0 Variance
0 Waiver
0 Administrative App~l
Applicants name/address whip .
Jahn F. Shau1ders, Jr. Managing Member
New Century Develapment Ca., LLC
5041-A Benais Raad, Roanoke, VA 24014
Owner's name/address whip
Avis Marie Myers Estate
Martha A. Sicara, Executrix
4953 Wi 0 mand r Drive.
Property Location
7704 - 7706 Friendship Lane
Raanoke, VA 24020
Tax Map No.: 018.18-03-04.00-0000
Phone:
~e~~;-::~ ~¿g ~ ~,~~=~~~?
Fax No.: (540) 725-8231
Phone #: ( 540) 774 - 5 7 51
Work:
Fax No. #:
sw. V 4 18
Magisterial District: Ha 11 ins
Community Planning area: H 0. 11 ins
Existing Zoning:
R-1
Size ofparccl(s): Acres: 9. 78 Existing Land Us~: Re sid en t i a 1
:~ ~~':. :,~~:.~~~,~f4 r{~!f. r!f~~~ÜiD~~gJ~~#i:~~!Wl"..:~~~-._._" ....,...~.'~.~"..- .~...._:',:_-~~.,~~-,. ','-,"'-~
Proposed Zoning:
Proposed Land Use:
I-I
Industrial
Does the parcel meet the nùnimum lot area, width, and frontage requirements of the requested district?
~ No IF NO, A VARIANCE IS REQUIRED FIRST.
Does the parcel meet the miDimum criteria for the requested Use Type? Ifiþ
rF NO, A VARIANCE IS REQUIRED FIRST
If rezoning request, are conditions being proffered with this request? Yes @
:-r,~"~'~-r,:.~1it."fi;:~kÂNiJ:Âb_~~~ii'~iii~~1iji1iF[i¡i.~~t;;Ä:i~~,q:,.... ~".-' ":' "',--'."- "'" ....".q....,,"
: 1:!,'. .:::;:c.~.:...~ .t-"'t", ; ,'" ..., . .:".',). (~ f";'~~.L~"'¿.£~If::lr.~.;;:r:. Æ(=:"i:!,!,:'W':ÇJ..:~~.~-t:5J:r\..:::¡;.,t:~;~;,J.~:.:~::.¿.".,._~.: .':;~ ,'-'..<:,,;..,~.._,,":, ..i...~..;;~;,;";~-,
VarimcelWaivcr of Sectlon(s) of the Roanoke County Zoning Ordinance in order to:
No
Appeal of Zoning Administrator's decision to
Appeal of Interpretation of Scction(s):
Appeal of Interpretation of Zoning Map to
of the Roanoke County Zmrlng Ordinance
Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE
I'IEMS ARE MISSING OR INCOMPLETE.
RISfW V/AA R/srw V/AA RISIW V/AA
rn Consultation , ~ 8 112" x 11" concept plan ~ Application fee
Application Metes and boUDds øcscription Proffers, if applicable
Justification Watrt and sewer application Adjoining prop~rty oWD~rs
, I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge 8JJd
=- of ~ own«, ~~~. &ud~ ::wor'~::;y ß eve lop
i,!!.~~~~1iò~ FOR JŒW~~í',s!:~~þ~!~.~~~!~' ~~!'._.':_~'.: :. ~ .'..'~.. . ~~~: ',~". :'.:~ ...:::':.::.',..., F- ~
ApplicaDt
New Century Development Co.. LLC
The PlaDning Commission wiD study rezoDiDg. special use permit. or waiver requests to determine the need and jusûficaêon for
the cbangc in terms of public health, safety. and ¡eDCIal wcl!arc. J:11easc 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 well as the purpose found at the
beginning of the applicable zoning district classification in the Zoning 0rdin1nce.
See #1 on Attached Sheet.
.
Please expWn how the project conforms to the general guid~in~ and policies contained in the Roanoke County Community
Plan.
See #2 on Attached Sheet.
Please describe the impact(s) of the request on the property itself. the adjoming properties. and the surrounding ~, a1 well
as the impacts on public services and facilities, iDcluding water/sewer, roads. schools, parks/recreation aDd fire and rescue.
See #3 on Attached Sheet.
.~
f-~
Applicant: New Century Development Co.. LLC
Development: New Century Industrial Park
Date: September 22, 2004
Justification for Re-Zoning
1. The subject site, situated on the north side of Friendship Lane, lies between Interstate
81 (Exit 146 - Plantation Road) and the existing Interstate Commerce Park. The
property was developed as residential property in the mid-19th century, and bas
remained zoned R-l through the construction ofInterstate 81 and subsequent
development of numerous commercial and industrial sites along the Plantation Road /
1-81 corridor. Its location Gust behind the commercial business along Plantation
Road), ideal topography, proximity and quick access to 1-81, and the existing
availability of all utilities make it suitable for those less intrusive industrial activities
permitted under 1-1 zoning.
2. This 9.78 acre tract, with 500 (+) feet of road ftontage on Friendship Lane, will offer
development opportunity for customized industrial building sites for end users. The
property is being acquired for development. There are no pending contracts or
commitments from or to any end user at this time.
Roanoke County's 1998 Community Plan includes Economic Development
objectives and strategies which specifically note the County's desire to maintain an
inventory of marketable industrial sites for business expansion and relocation. This
property will help fulfùl that objective by providing attractive industrial sites along
the 1-81 corridor.
Further, although the site is presently zoned R -1, it has been identified and designated
as "Principal Industrial" on the Future Land Use map for the Hollins Community
Planning Area dated September 30, 1998 (page 163 in the 1998 Community Plan).
3. The highest and best use of this property will be its development as industrial sites in
accordance with the Community Plan. Such development is also consistent with the
developmental trends of the neighboring properties toward commercial and industrial
zoning (C1C on the west side of Keaton Dr. and I-I directly across Friendship Lane
fÌ"om the subject property on Garland Cr.).
The Applicant has committed to purchase and develop this property subject to the
approval of this re-zoning to 1-1. The enclosed concept plan is being presented as an
example only of a possible site configuration. The fma1 site p1an(s) will be prepared
and presented for approval when final development plans are known.
The northern boundary of this property (687 ft.) abuts the Interstate 81 right-of-way.
The planned expansion ofI-81 will most likely impact this property. In a meeting
with VDOT on August 27 ~ 2004, the Applicant learned that the most aggressive
expansion plan to date could reduce this property by 2-3 acres along the north
boundary. (A plat showing the impact of that expansion plan is enclosed.) The
Applicant recognizes that the 1-81 expansion will limit the development of the rear
(northern) portion of the property.
F-~
The east and west boundaries of this property abut seven (7) properties which are
zoned residential (R-1). Two ofthese property owners are heirs of the Myers estate
and are party to the sale of this property to the Applicant. The Applicant met with all
seven of these adjacent property owners as well as four non-adjacent property-owners
in September to discuss the proposed re-zoning and the development ofthe property,
and to address any concerns that might be raised. No property owner objected to this
re-zoning request. Several of the neighbors did voice concerns that Friendship Lane
be well-maintained and that the County and the Applicant ensure the proper planning
for stormwater management. As developer, the Applicant agrees to develop this
property in accordance with the County code and requirements regarding stormwater
management.
Regardless of the development of the property, the Applicant agrees to create a 35'
"D" buffer between the subject property and the adjoining properties in accordance
with the Roanoke County code. In addition to the new trees and shrubs~ Applicant
will endeavor to preserve any existing natural screemng vegetation in the buffer area.
The Applicant also envisions the probability of a new street~ ending in a cul-de-sac
(see Concept Plan). The Applicant agrees to set the center line ofthis potential street
directly opposite that of Garland Circle at its intersection with Friendship Lane, and
to construct a 30' street (matching Garland Circle) to state specifications.
All utilities, including water/sewer are available on Friendship Lane. Applicant plans
to bury all utilities to the individual sites with the possible exception of electrica~
where AEP has advised that overhead lines may provide more and better options to
the end users.
~~;~~~AN .~_.q'-_::__,-.L~ -qq' ._--~::- -_-q'_m - "". .~ ~
A concept plan of the proposed project must be submitted with the application. The concept plan shall 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 sucb cases involving rezonings, tbe applicant may proffer condidons 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 may
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 nay 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 variance applications. The pl2D should be
prepared by a professional site planner. The level of detall may vary, depending on the nature of the request. The County
Plamrlng Division staff may exempt some of the items or suggest the addition of extra items, but the rollow~g are c.onsidered
minimum:
ALL APPLICANTS
/' a.. Applicant name and name of development
,/ b. Date, scale and north arrow
./ c. Lot size in acres or square feet and dimensions
wi'" d. Location, names of owners and Roanoke County tax map numbers of adjoining properties
./ e. Physical features such as ground cover, namra1 watercour~es, floodplain, etc.
wi'" f. Thc zoning and land use of all adjacent properties
./ g. All property lincs and easements
./ h. All buildings, existing and proposed, aDd dimensions, floor area BJ?d heights
.L 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
Additioncl information required for REZONING and SPECIAL USE PERMiT APPliCANTS
./ k. Existing utilities (water, sewer, storm drains) and connections at the site
./ I. AIly driveways, entrances/exits, curb openings aDd crossovers
./ m. Topograpby map m a sWtab]e scale and contour intervals
./ n. Approximate street grades and siœ distances at intersections
./ o. Locations of all adjacent fire hydrants
IV/", p. AIly proffered conditions at the site and how thcy are addressed
A!lA q. If project is to be phased, please show phase schedule
I cer1ify that a1J items required in the checklist above are complete.
~ -;¡.L.-'~ D.
ignature of applicant /
~ 1.: 14#'(
Date
. 6
0
UNE:
1-2
2-J
3-4
4-5
5-/1
6-7
7-/1
15-16
19-20
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$ ""03'22" If
$ 55"D5'OO" If
$ 5/I'50'J7" If
$ 81'00'21" If
$ 33'00'00" If
$ "'4O'DO" If
$ IJI/"fO'S8" E:
$ 2~'0/ " If
VICINITY MAP
NOT ro SCALE
--".....-.
"NEW CENTURY INDUSTRIAL PARK"
FOR NEW CENTURY DEVELOPMENT COMPANY, LLC
TO INCLUDE TAX PARCELS 18.18-03-04
AND 18.18-03-05 '
PROPERTY OF A VIS MARIE MYERS ESTA TE
TOTAL SITE AREA: 9.78 AC.
CURRENT ZONING: R1
PROPOSED ZONING: 11
DATE:
SCALE:
1"=200'
LUMSDEN ASSOCI A TES, P.C.
EN G I NEERS-SUR V EY ORS-PLANNERS
ROANOKE, VIRGINIA
SEPTEMBER 22, 2004
COMM. NO.:
04-273
4664 BRAMBLETON AVENUE
P.O. BOX 20669
ROANOKE, VIRGINIA 24018
PHONE: (540) 774-4411
FAX: (540) 772-9445
E-MAIL: MAIL@LUMSDENPCCOM
CADD FILE:
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NOTES:
PLAT BASED ON WNUUENTS FOUND AS SIJ)1IN' HEREON
OF CURRENT n ELD 1ÆASUØE)ÆN1'S AND RECORDS (DB 659 PG 397).
100 YEAR FLOOD PLAI N SCALED FROM F. E. K. A. )lAp
ROANOKE COUNTY, VIRGINIA COWWUNlTY PANEL NO. :;10190 0022 D
YAP NO. 51161COO22 D.
THIS PLAT WAS DRAWN lIITHOUl THE BENEFIT or A TITLE
REPORI' BY AN ATTORNEY AND THEREFORE YAY NOT NECESSARI LY
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September 22, 2004
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F-~
NEW CENTURY INDUSTRIAL PARK
The following description is for Roanoke County Tax Parcels Numbers 18.18-03-04 and
18.18-03-05, property of Avis Marie Myers Estate being rezoned for New Century
Development Company, LLc.
The description is as follows:
BEGINNING at Comer #1, said point located on the northerly right-of-way Friendship
Lane, Virginia Secondary Route 1895, said point also being the southwesterly comer of
property ofDannyR. Myers, Roanoke County Tax #18.18.-03-03.01; thence leaving
Myers and with Friendship Lane for the following 7 courses; thence S 46° 38' 49" W,
38.62 feet to Comer #2; thence 8 49° 03' 22" W, 57.08 feet to Comer #3; thence S 55°
OS' 00" W, 48.96 feet to Comer #4; thence 8 58° 50' 37" W, 100.72 feet to Comer #5;
thence S 61 ° 00' 21" W, 148.77 feet to Comer #6; thence N 33° 00' 00" W, 14.93 feet to
Corner #7; thence S 61 ° 40' 00" W, 106.00 feet to Comer #8, said point being the
southeasterly comer of property of David L. Myers, Roanoke County Tax #18.18-03-
05.01; thence leaving Friendship Lane and with Myers for the following 2 courses;
thence N 33° 00' 00" W, 206.10 feet to Comer #9; thence S 61 ° 40' 00" W, 106.00 feet
to Comer # 1 0; said point being the southeasterly comer of property of Tracy L. and
Julian C. 8tarr, Jr., Roanoke County Tax #18.18-03-07; thence leaving Myers and with
StalT for the following 2 courses; thence N 33° 00' 00" W, 107.85 feet to Comer #11;
thence S 61 ° 40' 00" W, 208.08 feet to Comer #12, said point located on the easterly
boundary line of Rebecca K. White, Roanoke County Tax #18.18-03-08.01; thence
leaving 8t31T and with White, N 33° 00' 00" W, 138.57 feet to Comer #13, said point
being the southeasterly corner of Jearldean and George W. Wilkerson property; thence
leaving White and with Wilkerson, N 26° 10' 00" W, 309.07 feet to Comer #14, said
point being the northeasterly comer of property of Jeraldean and George W. Wilkerson,
being Roanoke County Tax # 18.18-03-10, said point also located on the southerly right-
of-way of Interstate 1-81; thence leaving Wilkerson and with 1-81 for the following 4
courses; thence S 89° 10' 59" E, 7.80 feet to Comer #15; thence N 83° 04' 09" E, 169.90
feet to Corner #16; thence N 63° 58' 58" E, 301.98 feet to Comer #17; thence N 74° 06'
36" E, 214.98 feet to Comer #18, said point being the northwesterly comer of property of
Donna 8. & Robert W. Paxton, Roanoke County Tax #18.18-03-03.02; thence leaving 1-
81 and with Paxton for the following 3 courses; thence 8 25° 25' 08" W, 8.90 feet to
Comer #19; thence S 00° 26' 08" W, 111.60 feet to Comer #20; thence 820' 03' 52" E,
passing the southwesterly comer of Paxton at approximately 75 feet, in all 305.20 feet to
Corner #21, said point being the southwesterly comer of Phyllis W. and Henry C.
Boitnott, being Roanoke County Tax #18.18-03-03; thence continuing with Boitnott, N
60° 47' 52" E, 239.38 feet to Corner #22, said point located on the northerly boundary of
property of Danny R. Myers; thence leaving Boitnott and with Myers, 8 29° 07' 52" E,
251.84 feet to Comer #1, the place of BEGINNING and containing 9.78 acres as more
particularly shown on rezoning exhibit prepared by Lumsden Associates, P .C., dated
September 22, 2004.
Roanoke County
Department of
Community Development
Legend
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11
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PRO
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R1
R2
R3
R4
f,À
Site
Parcels 18.18-3-4
18.18-3-5
N
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Applicants Name: New Century Development Co, LLC
Existing Zoning: R1
Proposed Zoning: 11
Tax Map Number: 18.18-3-4,
Magisterial District: Hollins
18. 18-3-5
Area: 9,78 Acres
September 24, 2004 No Scale
ACTION NO.
:[J-3
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26, 2004
AGENDA ITEM:
Appointments to Committees, Commissions and Boards
SUBMITTED BY:
Diane S. Childers
Clerk to the Board
Elmer C. Hodge ¿'ff
County Administrator
APPROVED BY:
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. Parks and Recreation Advisory Commission (Appointed by District)
The three-year term of Bobby G. Semones, Vinton Magisterial District, expired on June
30, 2004.
3. 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.
J\-8
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 26, 2004
RESOLUTION APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM J - 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 October
26, 2004, designated as Item J - 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 - October 2, October 4, and October 12, 2004
2. Request from schools to appropriate a grant in the amount of $25,030 from the
Region 6 educational technology grant
3. Request from Fire and Rescue Department to accept and appropriate a grant in
the amount of $35,297 from the Virginia Department of Health for the purchase
of an ambulance
4. Request from the Police Department to accept and appropriate a grant in the
amount of $10,000 from the Department of Motor Vehicles for use in conducting
checkpoints and roving patrols
5. Request from the Police Department to accept and appropriate two grants in the
amount of $1,500 each from the Department of Motor Vehicles for the purchase
of field Alcosensors
6. Request from the Police Department to accept and appropriate a grant in the
amount of $8,500 from the Department of Motor Vehicles to fund equipment and
training for the Blue Ridge Transportation Safety Board regional crash team
7. Request from the Police Department to accept and appropriate a grant in the
amount of $3,000 from the Department of Motor Vehicles to conduct strike force
DUI checkpoints
8. Request from the School Board to approve the sale of surplus property at 4808
Pleasant Hill Drive and retention of the proceeds
1
,3 I-~
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.
J-~
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26, 2004
AGENDA ITEM:
Request from schools to appropriate a grant in the amount of
$25,030 from the Region 6 educational technology grant
SUBMITTED BY:
Dr. Jane James
Director of Technology
Elmer C. Hodge 8H-
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Virginia awards technology training grants under Title 11-0 (Educational Technology) on a
competitive basis and a formula basis. This is the third year of a five-year grant program.
Roanoke County Schools anticipates receiving $25,030 in funding from the Region 6
Educational Technology grant. The funds will be used to pay stipends to trainers and
participants within Roanoke County for attending specific workshops that are a part of the
grant.
FISCAL IMPACT:
The amount of $25,030 will be added to the 2004-2005 budget.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends appropriation of the $25,030 funding from the Region 6 Educational
Technology grant to the 2004-2005 budget for the Regional Title 11-0 training program.
ACTION NO.
ITEM NO.
~-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26,2004
AGENDA ITEM:
Request from Fire and Rescue Department to accept and
appropriate a grant in the amount of $35,297 from the Virginia
Department of Health for the purchase of an ambulance
SUBMITTED BY:
Richard E. Burch, Jr.
Fire and Rescue Chief
Elmer C. Hodge, Jr. t)f-
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Virginia Department of Health, Office of Emergency Medical Services, awarded the
Fire and Rescue Department a 50% matching grant in the amount of $35,297 to purchase
an ambulance. The new ambulance is replacing an 11 year old ambulance in the
department's fleet.
FISCAL IMPACT:
The Fire and Rescue Department has budgeted funds for the 50% match that the state
requires for the grant.
ALTERNATIVES:
The Fire and Rescue Department will not be able to purchase the new ambulance without
the matching funds from the state.
STAFF RECOMMENDATION:
Staff recommends the acceptance and appropriation of grant funds in the amount of
$35,297 from the Virginia Department of Health to the Fire and Rescue Department's
budget.
ACTION NO,
ITEM NO,
J _t-~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26, 2004
AGENDA ITEM:
Request from the Police Department to accept and appropriate
a grant in the amount of $10,000 from the Department of Motor
Vehicles for use in conducting checkpoints and roving patrols
SUBMITTED BY:
James R. Lavinder
Chief of Police
Elmer C. Hodge t H
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Virginia Department of Motor Vehicles has provided a grant in the amount of $1 0,000
to increase public awareness of using child safety seats, seat belts, and the dangers of
impaired driving. The money will be used to pay officers to man various checkpoints and to
conduct roving patrols.
FISCAL IMPACT:
The Department of Motor Vehicles has provided $10,000 in grant funding to be matched
with $2,000 in local funds, The local match will be provided from existing Police
Department funds.
AL TERNA TIVES:
None
STAFF RECOMMENDATION:
The staff recommends acceptance of the Department of Motor Vehicles grant for $10,000.
ACTION NO.
ITEM NO.
"\- }.:,
......; <-..)
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26, 2004
AGENDA ITEM:
Request from the Police Department to accept and appropriate
two grants in the amount of $1,500 each from the Department
of Motor Vehicles for the purchase of field Alcosensors
SUBMITTED BY:
James R. Lavinder
Chief of Police
APPROVED BY:
Elmer C. Hodge ê/f
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Virginia Department of Motor Vehicles has provided two grants in the amount of
$1,500 each to purchase field Alcosensors. Three of the Alcosensors will be provided to
the Blue Ridge Parkway rangers to assist them in their efforts to combat drunk driving on
the parkway. The Alsosensors will be loaned to them in the spirit of cooperation and
assistance, The remaining Alcosensors will be issued to department members who do not
have one or have antiquated equipment.
FISCAL IMPACT:
The Department of Motor Vehicles has provided two grants in the amount of $1,500 each
with no matching funds required.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
The staff recommends acceptance of two Department of Motor Vehicles grants for $1,500
each,
ACTION NO,
ITEM NO,
5-lv
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26, 2004
AGENDA ITEM:
Request from the Police Department to accept and appropriate
a grant in the amount of $8,500 from the Department of Motor
Vehicles to fund equipment and training for the Blue Ridge
Transportation Safety Board regional crash team
SUBMITTED BY:
James R. Lavinder
Chief of Police
Elmer C. Hodge Cfl
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Virginia Department of Motor Vehicles has provided a grant in the amount of $8,500 to
participate in the Blue Ridge Transportation Safety Board regional crash team concept.
We will join with the City of Roanoke and Salem to provide expertise and equipment to
surrounding localities in need of the services. We are members of one of three regional
crash teams. The money will primarily fund equipment and training for the team.
FISCAL IMPACT:
The Department of Motor Vehicles has provided $8,500 in grant funding to be matched
with $1,700 in local funds. The local match will be provided from existing Police
Department funds.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
The staff recommends acceptance of the Department of Motor Vehicles grant for $8,500,
ACTION NO.
ITEM NO.
:]-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26, 2004
AGENDA ITEM:
Request from the Police Department to accept and appropriate
a grant in the amount of $3,000 from the Department of Motor
Vehicles to conduct 'Strike Force' DUI checkpoints
SUBMITTED BY:
James R. Lavinder
Chief of Pol ice
Elmer C. Hodge elf
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Virginia Department of Motor Vehicles has provided a grant in the amount of $3,000 to
conduct Strike Force checkpoints, Strike Force is a program to conduct DUI checkpoints
in as many jurisdictions as possible. The Police Department participates in this program.
FISCAL IMPACT:
The Department of Motor Vehicles has provided $3,000 in grant funding with no matching
funds required.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
The staff recommends acceptance of the Department of Motor Vehicles grant for $3,000.
ACTION NO.
ITEM NO,
J-R
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26,2004
AGENDA ITEM:
Request from the School Board to approve the sale of surplus
property at 4808 Pleasant Hill Drive and retention of the
proceeds
SUBMITTED BY:
George Assaid
Construction Projects Coordinator
Elmer C, Hodge ¿1 It-
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
As part of the construction of Hidden Valley High School, it was necessary to re-align
Pleasant Hill Drive. The re-alignment required that Roanoke County Schools purchase the
property at 4808 Pleasant Hill Drive and remove the existing house, A portion of this
property was also retained to serve as a right of way. The re-alignment was completed,
and the remaining piece of the property (0.355 acres) is not needed by Roanoke County
Schools,
Pursuant to Section 22.1 - 129 in the Code of Virginia, whenever a School Board
determines that it has no use for some of its real property, the School Board may sell the
property and may retain all or a portion of the proceeds of such sale upon approval of the
local governing body.
When the School Board sells this surplus real property, the proceeds of the sale shall be
retained by the School Board and placed in the school capital improvement fund. The
School Board declared the property surplus in December 2003.
,3-'~
FISCAL IMPACT:
The property was appraised at a market value of $38,500. Funds acquired from the sale of
this property would be deposited in the school capital improvement fund.
STAFF RECOMMENDATION:
Since the property has been declared surplus, the School Board is requesting approval for
the sale of the property and retention of all proceeds which will be deposited in the school
capital improvement fund.
2
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:
October 26, 2004
AGENDA ITEM:
Request to schedule a work session on November 16, 2004 for
the Secondary Road System Six-Year Construction Plan for
Fiscal Years 2005-2011 and consideration of projects for Fiscal
Year 2005-2006 in the Virginia Department of Transportation
(VDOT) Revenue Sharing Program
SUBMITTED BY:
Arnold Covey
Director, Community Development
Elmer C. Hodge tl.f
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
VDOT and County staff request the Board of Supervisors to schedule a work session for
November 16, 2004, to review and finalize the proposed plan.
ACTION NO.
~
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26, 2004
AGENDA ITEM:
Request to schedule a work session on November 16, 2004 to
review the drainage maintenance program
SUBMITTED BY:
Arnold Covey
Director, Community Development
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
County staff requests the Board of Supervisors to schedule a work session for November
16, 2004. Staff will present an overview of the drainage maintenance program including
updates on previously approved projects and a list of new projects.
The work session will consist of:
. History of the drainage program
. Drainage complaint procedure
. Maintenance responsibilities
. Projects completed to date/remaining on approved list
. Power Point presentation
July 1, 2004
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Iv ,-j
% of General
Amount Fund Revenues
$9,738,285 6.61%
Unaudited Balance at June 30,2004
Explore Park Loan Repayment
20,000
Balance at October 26, 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
Elmer C. Hodge £ f/-
County Administrator
Approved By
fl\ / (\
r V ."~ ,),
CAPITAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Unaudited Balance at June 30, 2004
Amount
$11,389,450.22
September 28, 200 Appropriation for the Public Safety Building Project
(6,110,540.00)
October 12, 2004 Appropriation for Regional Jail Facility Study
(85,922,00)
Balance at October 26, 2004
$5,192,988.22
Submitted By
Rebecca E. Owens
Director of Finance
Approved By
Elmer C. Hodge eo ~
County Administrator
Ii/. )
-_/
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
Amount
From 2004-2005 Original Budget $100,000.00
September 28, 2004 Appropriation for professional services provided by (9,000.00)
Chandler Planning
October 12, 2004 Appropriation for Special Assistant for Legislative (18,000,00)
Relations
Balance at October 26, 2004 $73,000.00
Submitted By
Rebecca E. Owens
Director of Finance
Approved By
Elmer C, Hodge t-"tJ-
County Administrator
N-Y
FUTURE CAPITAL PROJECTS
COUNTY OF ROANOKE, VIRGINIA
Savings from 1996-1997 debt budget
Transfer from County Capital Projects Fund
FY1997 -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 October 26, 2004
2,000,000
(1,219,855)
2,000,000
(1,801,579)
2,000,000
(465,400)
116,594
2,000,000
(2,592,125)
2,000,000
(2,202,725 )
2,000,000
(4,192,701)
$
670,000
1,113,043
2,000,000
321,772
2,000,000
780,145
495,363
198,421
1,651,194
(592,125)
(202,725)
(2,192,701 )
$ 6,242,387
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge ¿if
County Administrator
ACTION NO,
ITEM NO.
N- 5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26, 2004
AGENDA ITEM:
Accounts Paid - September 2004
SUBMITTED BY:
Rebecca E. Owens
Director of Finance
Elmer C. Hodge ¿" fJ
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Payments to Vendors
Payroll 9/10/2004
Payroll 9/24/2004
Manual Checks
Voids
Grand Total
Direct Deposit Checks Total
$ $ $ 9,239,932.46
815,432,75 114,415.22 929,847.97
780,811.93 114,129.28 894,941.21
4,634.56 4,634,56
$ 11,069,356,20
A detailed listing of the payments is on file with the Clerk to the Board of Supervisors.
FINl62 County of Roanoke, Virginia Page I
5:17:58PM Date \01712004
Schedule of Expenditures, Encumbrances and Appropriations
For the 03 Month Period Ended 09130/04 Year to Date
Expend
Expenditures & Encumb
Monthly Outstanding & Encumbrance Unencumbered asa%of
Fund 100 General Fund Budøet EJlpenditurl'S Encumbrance Year ioDate Bala""e Budtlet
0101 Legislative 336,720.00 20,441.02 4,359.50 102.133.61 234,586.39 30.33
0102 General & Financial Administra 9,007,642.00 654,248.30 39,433.09 2,476,049.62 6,531,592.38 27.49
0103 Electoral Board & Officials 272,397.00 15,017.01 0.00 40,383.80 232,013.20 14.83
OHIO General Government Admùústrat 9,616,759.00 689,706.33 43,792.59 2,618,567.03 6,998,191.97 27.23
0201 Courts 1,126,363.00 72,998.86 144.48 232,750.17 893,612.83 20.66
0202 Other Judicial Support 729,685.00 57,833.35 0.00 176,450.62 553,234.38 24.18
0200 Judicial 1,856,048.00 130,832.21 144.48 409,200.79 1,446,847.21 22.05
0301 Law Enforcement & Traffic Cont 10,755,202.58 792,355.77 322,338.00 2,910,600.42 7,844,602.16 27.06
0302 Fire and Rescue 8,723,425.00 697.036.32 102,438.03 2,060,799.30 6,662,625.70 23.62
0303 Correction & Detention 5,804,127.00 427,190.91 22,221.48 1,222,589.22 4,581,537.78 21.06
0304 Animal Control 402,487.00 27,917.78 3,743.98 90,358.14 312,128.86 22.45
0300 Public Safety 25,685,241.58 1,944,500.78 450,741.49 6,284,347.08 19,400,894.50 24.47
0401 General Services 383,977.00 26,947.36 51,072.66 146,81123 237,165.77 38.23
0402 Refuse Disposal 4,580,879.00 299,922.76 144.48 777,679.35 3,803,199.65 16.98
0403 Maint Buildings & Grounds 3,362,335.00 257,559.91 23,954.82 778,379.62 2,583,955.38 23.15
0404 Engineering 2,523,624.00 607,052.75 28.141.82 955,108.50 1,568,515.50 37.85
0405 Inspecrions 895,497.00 66,588.96 38,100.00 247,200.19 648,296.81 27.61
0406 Garage Complex 346,392.00 57,772.08 10,146.89 99,00620 247,385.80 28.58
0400 Public Works 12,092,704.00 1,315,843.82 151,560.67 3,004,185.09 9,088,518.91 24.84
0501 Mental Health 0.00 4,964.92 0.00 21,375.71 21,375.71- .00
0503 Public Health 459,403.00 0.00 0.00 0.00 459,403.00 .00
0504 Social Services Administration 3,797,352.00 297,038.66 0.00 923,258.41 2,874,093.59 24.31
0505 Comprehensive Services Act 5,037,171.00 372,104.59 0.00 510,552.19 4,526,618.81 10.14
0506 Public Assistance 2,619,500.00 285,348.45 0.00 794,196,78 1,825,303.22 30.32
0507 Institurional 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 12,115,111.00 959,456.62 0.00 2,249,383.09 9,865,727.91 18.57
0601 Parks & Recreation 3,479.027.00 198,028.34 0.00 885,300.26 2,593,726.74 25.45 ~
I
ç"
FIN162 County of Roanoke, Virginia Page 2
5:17:58PM Date 10/7/2004
Schedule of Expenditures, Encum brances and Appropriations
For the 03 Month Period Ended 09/30/04 Year to Date
E:qIend
Expenditures & Encumb
Monthly Outstanding & Encumbrance Unencumbered asa%of
Fund 100 General Fund Budget Expenditures Encumbrance Year to Date Balance Budget
0602 Library 2,221,454.00 164,051.28 577.92 512,191.79 1,709,262.21 23.06
0603 Cultural Enrichment 167,068.00 21,333.00 0.00 100,416.00 66,652.00 60.11
0600 Parks, Recreation & Cultural 5,867,549.00 383,412.62 577.92 1,497,908.05 4,369,640.95 25.53
0701 Planning & Zoning 597,487.00 76,140.44 0.00 139,527.59 457.959.41 23.35
0702 Cooperative Extension Program 94,129.00 99.50 0.00 934.89 93,194.11 .99
0703 Economic Development 602,226.00 164,614.56 0.00 238,691.16 363,534.84 39.64
0705 Con1ribution to Human Service 95,050.00 5,333.00 0.00 82,416.00 12,634.00 86.71
0700 Community Development 1,388,892.00 246,187.50 0.00 461,569.64 927,3U.36 33.23
0801 Employee Benefits 2,256,237.00 40,431.50 0.00 89.160.10 2,167,076.90 3.95
0802 Dixie Caverns Landfill Cleanup 35,000.00 1,649.59 0.00 3,364.15 31,635.85 9.61
0803 Miscellaneous 2,744,267.00 30,401.05 0.00 480,477.84 2,263,789.16 17.51
0804 Tax Relief7Elderly & 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 N on-Departmental 5,975,504.00 72,482.14 0.00 573,002.09 5,402,501.91 9.59
0901 Interfund Transfers Out 71,820,565.00 170,169.84 0.00 566,789.52 71.253,775.48 .79
0902 Intrafund Transfers Out 988,318.00 11,193.17 0.00 33,579.47 954.738.53 3.40
0900 Transfers Out 72,808,883.00 181,363.01 0,00 600,368.99 72,208,514.01 .83
Grand Totals 147,406,691.58 5,923,785.03 646,817.15 17,698,531.85 129,708,159.73 12.01
~
ç--.
\.}
FINO53
5:1O:47PM
County of Roanoke, Virginia Page
Date 101712004
Statement of Estimated and Actual Revenues
For the 03 Month Period Ended 09ßO/04 Year to Date
Revenues
Monthly Year to Date Unrealized as a % of
Budget Revenues Revenues Balance Budget
64,475,000 203,577 2,516,096 61,958,904 3.90
25,464,846 78,145 286,021 25,178,825 1.12
2.530,000 2.530,000 .00
600,000 41,605 73.393 526,607 12.23
120,000 410 410 119,590 .34
7,400,000 588,355 1,208,167 6,191,833 16.33
6,955,377 267,278 1,229,144 5.726,233 17.67
5,050,000 28,531 150,909 4,899,091 2.99
1,240,000 25,473 493,376 746,624 39.79
1,760,000 17,493 75,281 1,684,719 4.28
1,195,000 88,671 175,121 1,019,879 14.65
470,000 1,204 52.003 417,997 11.06
625,000 5,340 84.773 540,227 13.56
2,860,000 251,085 505.281 2,354,719 17.67
110,000 8,673 22.836 87,164 20.76
28,177 1,100 4,133 24,044 14.67
293,700 27,526 73,661 220,039 25.08
243,650 31,457 90,111 153,539 36.98
43,050 4,754 19,980 23,070 46.41
41,735 4,228 8,498 33,237 20.36
25,000 10 203 24,797 .81
599,200 68,617 135.566 463,634 22,63
400,000 15,981- 415,981 4.00-
11,833 324 3,844 7,989 32.49
3,486,554 307,541 697,713 2,788,841 20.01
2,694,267 8,526 522,399 2,171,868 19.39
319,000 319,000 .00
53,250 254,314 286,506 233,256- 538.04
750,189 10,476 24,346 725,843 3.25
233,000 111,999 345,243 112,243- 148.17
4,879,037 382,637 936,473 3,942,564 19.19
1,960,000 455,993 1,340,033 619,967 68.37
4,978,781 1,621,928 518,152 4,460,629 10.41
2,678,250 321,960- 3.000,210 12.02-
179.843 322,865 247,939 68,096- 137.86
2,652,953 11,193 59,910 2,593,043 2.26
t
G"
Fund 100
General Fund
010
011
012
013
014
020
021
022
023
024
025
026
027
028
029
030
031
032
034
037
038
039
040
041
042
048
050
051
056
060
061
064
em
080
086
093
Real Estate Taxes
Personal Property Taxes
Public Service Corp Base
Penalities & Interest On Prope
Payment In Lieu Of Taxes
Local Sales Tax
Consumers Utility Tax
Business License Tax
Franchise Tax
Motor Vehicle License Fees
Taxes On Recordation & Wills
Utility License Tax
Hotel & Motel Room Taxes
Taxes - Prepared Foods
Other Taxes
Animal Control Fees
Land and Building Fees
Pennits
Fees
Clerk of Court Fees
Photocopy Charges
Fines and Forfeitures
Revenues from Use of Money
Revenues From Use of Property
Charges for Services
Charges for Public Sevices
Reimb-Shared Programs Salem
Miscellaneous Revenue
Recovered Costs
Non-Categorical Aid
Shared Expenses
Welfare & Social Servies-Categ
Other State Categorical Aid
Welfare & Social Services
Other Categorical Aid
Transfers
FINO~3
5:1047PM
Fund 100
General Fund
County of Roanoke, Virginia
Statement of Estimated and Actual Revenues
For the 03 Month Period Ended
09ßO/04
Year to Date
Revenues
Unrealized
Balance
Page
Date
2
10/7/2004
Budget
Monthly
Revenues
Year to Date
Revenues
as a 0/0 of
Budget
Grand Totals
8.04
~. Panunetenl
Fisœl Mooth Entered: 03
Report Date Entered: 09130104
FiSCßI Year En~ Entered: 2,005
147,406,692
5,231,326
11,849,579
135,557,113
;¡:
E)
ACTION NO.
N-r'\
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26,2004
AGENDA ITEM:
Report of claims activity for the self-insurance program for the
period ended September 30, 2004
SUBMITTED BY:
Robert C. Jernigan
Risk Manager
Elmer C. Hodge 1:11
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In accordance with the self-insurance program, ordinance #61494-4, section 2-86.C,
attached is the fiscal year-to-date claims activity report including the first quarter that ended
September 30, 2004. Attachment A - Auto, Attachment B - General Liability.
SELF-INSURANCE TRUSTEES REPORT
FISCAL YEAR TO DATE: JULY 01, 2004 - SEPTEMBER 30, 2004
AUTO
VACo Closed ~676.89
4/5-011 I 08/20/2004 I Police I Rear ended other vehicle VACo Open
4/5-023 I 09/17/2004 ¡Police I Lost control, slid into path of other vehicle t- VACo Closed 4,293.06
4/5-026 I 09/10/2004 I Solid Waste I Ran over underground sprinkler system VACo Open
'2
¡
-J
Page 1 of 1
Attachment A
SELF-INSURANCE TRUSTEES REPORT
FISCAL YEAR TO DATE: JULY 01, 2004 - SEPTEMBER
GENERAL LIABILITY
2004
4/5-009 8/01/2004 Par1<s & Recreation Citizen broke ankle in Garst Mill Par1< VACo Closed I 0.00
*3/4-143 5/25/2004 Solid Waste Supplemental - Trash cart rolled, struck par1<ed vehicle VACo I I
Closed 150.89
*3/4-131 4/29/2004 Utility Water damage - 6225 Nell Cr. VACo Closed I I 240.00
I
~
Page 1 of 1
Attachment B
2"
I
~
QInunt~ nf ~nannk£
ttíJ'~~~trtinl¡
~. .~
¡.... 111
z CI
:::I -
- 0 ~
v ~
N -8
DECLARING OCTOBER 23 THROUGH OCTOBER 31,2004, AS RED
RIBBON WEEK IN SUPPORT OF A DRUG-FREE COMMUNITY
WHEREAS, the Red Ribbon Campaign was initiated in 1985 by the Virginia
Federation of Communities for Drug-Free Youth; and
WHEREAS, the red ribbon was designated as the symbol of intolerance of
illegal drug use and a commitment to a drug-free life style; and
WHEREAS, a group of concerned citizens, parents, students, teachers, police
officers, business people, judges, drug treatment providers,
counselors, ministers, and other caring individuals have
established the Roanoke Area Youth Substance Abuse Coalition
(RAYSAC) to bring better coordination and development of
substance abuse prevention programs and resources; and
WHEREAS, RA YSAC and Blue Ridge Behavioral Healthcare have asked that the
Board of Supervisors recognize Red Ribbon Week in Roanoke
County and are promoting the Red Ribbon Campaign in the
Roanoke Valley through a variety of activities.
NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia
do hereby proclaim October 23 through October 31, 2004, as RED
RIBBON WEEK in Roanoke County, Virginia, and encourage all of
our citizens to join in the observances and activities of this event.
f'JJìJiO ¡ J. tllrkJ))
'Diane S. Childers, Clerk
~,c:)....s> c.. ~-"-
Richard C. Flora, Chairman
In uJw/! ?1"
Michael W. Altizer, Vice- hairman
B, "Æufd. .{!b~
""\Yì~ O.W
Michael A. Wray ~
\.
N-g
1 oíut ~odatmtíOlt
DECLARING OCTOBER 15, 2004
AS WHITE CANE SAFETY DAY
IN THE ROANOKE VALLEY
WHEREAS, National White Cane Safety Day is observed annually on October 15 as a day of special
significance for blind and visually impaired Americans; it represents a declaration of
freedom and signifies a commitment by the sighted community to improve access to
basic services for blind and visually impaired persons; and
WHEREAS, the familiar "white cane" is recognized as a tool of independence that enables the blind
and visually impaired to participate in the facets of daily life; the core principles of our
country promise freedom, justice and hope, and these principles should guarantee the
opportunity for every disabled American to live full and productive lives; and
WHEREAS,
throughout history, the cane, staff and stick have existed as traveling aids for the blind
and visually impaired; dating back to biblical times, records indicate that a shepherd's
staff was used as a tool for solitary travel; the blind used such tools to alert them to
obstacles in their path; and introduction of the white cane in North America in 1931
has been attributed to the Lion's Clubs International as an identifier of blind
independence.
NOW THEREFORE, WE, the undersigned, encourage all citizens to open the doors of opportunity
for all blind and visually impaired persons, and do hereby proclaim Friday, October 15, 2004,
as WHITE CANE SAFETY DAY in the Roanoke Valley.
Michael W. Altizer, Vice-Chair
Roanoke County Board of
Supervisors
Brenda L. McDaniel, Council Member
City of Roanoke
Carl E. Tarpley, Mayor
City of Salem
Bradley E. Grose, Mayor
Town of Vinton
ACTION NO.
ITEM NUMBER
N~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER.
MEETING DATE: October 26, 2004,
AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of
September 30, 2004.
SUMMARY OF INFORMATION:
BANKERS ACCEPTANCE:
SUNTRUST CAP
1,194,059.06
1,194,059.06
CERTIFICATE OF DEPOSITS:
SOUTHWEST VIRGINIA SAVINGS & LOAN
100,000.00
100,000.00
CORPORATE BONDS
ALEXANDER KEY FED
SUNTRUST CAP
2,939,240.25
698,134.31
3,637,374.56
GOVERNMENT:
ALEXANDER KEY FED
ALEXANDER KEY - Sub Acct
SUNTRUST-CAP
44,019,442.35
4,342,016.00
9,394,560,89
57,756,019.24
LOCAL GOV'T INVESTMENT POOL:
GENERAL OPERATION
16,151,396.34
16,151,396.34
MONEY MARKET:
ALEXANDER KEY FED
ALEXANDER KEY - Sub Acct
SUNTRUST-CAP
SUNTRUST - SWEEP
WACHOVIA
6,820,786,77
40,887.05
3,916,526.79
1,233,554.84
2,319,102.01
14,330,857.46
TOTAL
93,169,706.66
1 0/08/04
1 of 1
ACTION NO,
e.::J
ITEM NO,
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26, 2004
AGENDA ITEM:
Work Session with Legislative Liaison to consider initiatives for the
2005 session of the Virginia General Assembly
SUBMITTED BY:
Paul M. Mahoney, County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
AR. "Pete" Giesen, Roanoke County's Legislative Liaison will be present to discuss with
the Board the issues facing the General Assembly in 2005 and determine the Board's
initiatives for the 2005 session.
Attached to this report you will find a copy of Resolution No. 111803-5 which adopted
Roanoke County's legislative program for the 2004 session of the Virginia General
Assembly,
County staff is recommending that the Board consider including the following items in its
2005 Legislative Program:
1, Amending State Code to allow Franklin and Montgomery counties to participate in a
regional jail facility with Roanoke County and the City of Salem.
2. Supporting legislation allowing any chartered county to assess transportation impact
fees on new development.
3, Requesting the additional power to levy and collect taxes on tobacco products.
4, Amending §9.1-1 06 of the State Code to allow Roanoke County to charge a processing
fee in criminal or traffic proceedings to support a criminal justice training academy.
5. Opposing a state surcharge on tipping fees for the disposal of solid waste.
6, Requesting the General Assembly to correct the 2004 amendments to the Personal
Property Tax Relief ActlSB5005, which in its implementation will cost Roanoke County
taxpayers $10 million.
1
p-,
7. Requesting General Assembly funding for implementation of the Program Improvement
Plan for the Department of Social Services.
Finally, does the Board want to continue sponsoring the regional dinner with the legislators
from southwestern Virginia during the Virginia Municipal LeagueNirginia Association of
Counties (VMLNACo) Legislative Day? VMLNACo Legislative Day is scheduled for
February 3, 2005.
2
p--
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDA Y, NOVEMBER 18,2003
RESOLUTION 111803.5 ADOPTING A LEGISLATIVE PROGRAM FOR
THE 2004 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND
PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY
CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified
major legislative issues of state-wide concern to be considered by the 2004 session of
the Virginia General Assembly; and
WHEREAS, the Board adopts this resolution as its Legislative Program for the
2004 session of the Virginia General Assembly.
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke
County, Virginia, that the following legislative initiatives are submitted for its legislative
program for the 2004 session of the Virginia General Assembly for its favorable
consideration and adoption.
1 )
Approve an amendment to the Roanoke County Charter as follows:
Sec. 2.02 - Taxing powers. - In addition to the powers granted by other sections
of the charter and general law, the county shall have the additional power to levy and
collect taxes on cigarettes and tobacco products, pursuant to Section 58.1-3832 of the
Code of Virginia.
2)
Support the JLARC recommendations to address the shortfall in state
funding for K-12 education and to fully fund the state Board of Education proposals,
e
1
P-I
The estimated annual cost of funding both the JLARC recommendations and Board of
Education proposals is $870 Million.
3)
Support tax restructuring that grants localities additional revenue authority
and increases local revenue diversification.
4)
Support amending Sec. 15,2-1716 (reimbursement of expenses, DUI
incidents) to increase the flat fee from $100 to $500, and to assess this fee as part of
the court costs in the criminal/traffic proceedings.
5)
Support additional state funding for transportation, and in particular,
funding for improvements to 1-81,
6)
Support legislation that would fund the Smart Road project from statewide
funds instead of from the Salem District. This project represents an economic benefit
to the entire Commonwealth, therefore funding should not come solely from this region's
highway allocation.
7)
Oppose revisions to a merged state/local telecommunications tax that
would be collected by the state and redistributed back to localities; oppose
telecommunications tax reform that is not part of a comprehensive tax restructuring
program; oppose efforts to reduce the amount or control of local governments over the
E-911 tax.
8)
Oppose the proposal to impose a state surcharge on tipping fees for each
ton of solid waste received by any municipal solid waste disposal facility, or a state
surcharge on water usage.
"
2
þ-(
9)
Support amending Section 9.1-106 to allow Roanoke County to charge a
processing fee in criminal or traffic proceedings to support a criminal justice training
academy.
II.
That the Clerk to the Board of Supervisors is directed to send a certified copy of
this resolution to Senator John S. Edwards, Senator Brandon Bell, Delegate H. Morgan
Griffith, Delegate Onzlee Ware, Delegate William Fralin; Mary F. Parker, Roanoke City
Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City
CouncH; Members of the Salem City Council; Clerk for the Town of Vinton; Members of
the Vinton Town Council and the Roanoke Valley-Alleghany Regional Commission, and
the Virginia Association of Counties.
On motion of Supervisor McNamara to adopt the resolution as amended: Page 2,
Item 4, "Support amending Sec. 15.2-1716 (reimbursement of expenses, DUI incidents)
to increase the flat fee from $100 to ~ $500, and to assess this fee as part of the
court costs in the criminal/traffic proceedings. The motion carried by the following
recorded vote:
AYES:
Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS:
None
A COpy TESTE:
~J~ \g. CJ¡Jj¡1l£))
Diane S. Childers
Clerk to the Board of Supervisors
ø
3
cc:
p - (
File
The Honorable Morgan Griffith, Delegate
The Honorable Onzlee Ware, Delegate-Elect
The Honorable William Fralin, Delegate-Elect
The Honorable John S. Edwards, Senator
The Honorable Brandon Bell, Senator-Elect
The Honorable Bruce F. Jamerson, Clerk of the House of Delegates
The Honorable Susan Clarke Schaar, Clerk of the Senate
Paul M. Mahoney, County Attorney
Pete Geisen, Special Assistant for Legislative Relations
Mary F. Parker, Clerk, Roanoke City Council
Roanoke City Council, Members
Forest Jones, Clerk for Salem City Council
Salem City Council, Members
Carolyn S. Ross, Clerk, Vinton Town Council
Vinton Town Council, Members
Wayne Strickland, Executive Director, Roanoke Valley-Alleghany Regional
Commission
James D. Campbell, Executive Director, Virginia Association of Counties
I hereby certify that the foregoing is a true and correct copy of Resolution 111803-5
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote
on Tuesday, November 18, 2003.
Brenda J. Holton, Deputy Clerk
Roanoke County Board of Supervisors
"
4
ACTION NO.
p-~
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26,2004
AGENDA ITEM:
Work session to discuss preliminary unaudited year-end
financial Information for fiscal year 2003-2004
SUBMITTED BY:
Rebecca E. Owens
Director of Finance
APPROVED BY:
Elmer C. Hodge t'W
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This time has been set aside for a summary review of the financial results of fiscal year
2003-2004. Information will be distributed to the Board during the work session, and this
will allow an opportunity to finalize the documents with input from the Board. The School
Board will be briefed on the year-end results for the schools at their meeting on October 27.
Final reports will be presented to each governing body in November.
ACTION NO.
R-\
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 26,2004
AGENDA ITEM:
Resolution of appreciation upon the retirement of William
Hammond, Social Services, after twenty-eight years of service
SUBMITTED BY:
Brenda J. Holton
Deputy Clerk to the Board
Elmer C. Hodge (;ff
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Mr. Hammond retired from Roanoke County on September 1, 2004, after twenty-eight
years of service and will attend the afternoon Board meeting to accept his resolution of
appreciation. Dr. Betty McCrary, Social Services Director, advises that she will be unable
to attend this meeting and sends her best wishes to Mr. Hammond upon his retirement.
~-I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 26,2004
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF
WilLIAM R. HAMMOND, JR., SOCIAL SERVICES DEPARTMENT,
FOllOWING TWENTY-EIGHT YEARS OF SERVICE
WHEREAS, William Hammond, Jr. was first employed by Roanoke County on
August 16, 1976, as a Social Worker in the Social Services Department; and
WHEREAS, Mr. Hammond retired from Roanoke County as a Senior Social
Worker on September 1, 2004, after twenty-eight years and one month of service; and
WHEREAS, Mr. Hammond served on the Advisory Council for the League of
Older Americans for two terms as a representative of the Roanoke County Social Service
Department, and also served on the Roanoke County Commission for Senior and
Challenged Citizens; and
WHEREAS, Mr. Hammond, who worked with foster care children and
provided services for elderly and disabled adults, demonstrated great compassion, caring
and the willingness to always provide assistance to citizens in need; and
WHEREAS, Mr. Hammond, 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
citizens of Roanoke County to WilLIAM R. HAMMOND, JR. for more than twenty-eight
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.
~ -I
PETITIONER:
CASE NUMBER:
Comprehensive Plan
7/2004
Planning Commission Hearing Date: November 2, 2004(Continued from July 6, 2004)
Board of Supervisors Hearing Date: November 16, 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 the 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:
- Vicinity Map
- Other
- Concept Plan
- Staff Report
Janet Scheid, Secretary
Roanoke County Planning Commissio
4
S-d
PETITIONER:
CASE NUMBER:
Roanoke Council of Garden Clubs, Inc.
27 -10/2004
Planning Commission Hearing Date:
Board of Supervisors Hearing Date:
October 5, 2004
October 26, 2004
REQUEST
The petition of Roanoke Council of Garden Clubs, Inc. to rezone 2.37 acres from C1C, Office
District with conditions to C 1 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.
A.
CITIZEN COMMENTS
David Bittel, DDS, spoke of the storm runoff and mud that covered his parking lot to the west
of the subject property after a recent storm. Mr. Sam Lionberger, project coordinator,
assured Dr. Bittel that the stormwater detention facility will be properly constructed and
functional.
B.
C.
SUMMARY OF COMMISSION DISCUSSION
Mr. Tim Beard presented the staff report. Mr. Azar inquired about the need for additional .28
acre. Mr. Lionberger replied that the Council of Garden Clubs wanted more acreage in the
beginning but did not have the opportunity to purchase at the time of the original petition. Ms.
Hooker asked about the proffered condition regarding rental of the building. Staff provided an
example. Mr. Thomason asked if the applicant intended to obtain a liquor license. Mr.
Lionberger stated that he knew of no plans for such, but could not rule out the possibility.
D.
CONDITIONS
1 )
2)
3)
4)
5)
The subject property will be developed in substantial
conformity with the "Proposed Plan" bearing revised date of
January 14, 2004 and with the architectural rendering dated
January 30,2004 prepared by Rife & Wood Architects.
Use of the property will be limited to activities of or sponsored
by the Roanoke Council of Garden Clubs, Inc. including offices,
meetings and rental of the building.
Applicable Colonial Avenue Corridor Design Guidelines shall
be in effect with the word "shall" replacing the word "should" as
determined during the site plan review process.
The proposed building shall be limited to 6,000 square feet of
gross floor area and 26 feet in height.
Exterior building materials shall be of brick and wood.
6)
~-~
Total parking including rear and building-side dropoff shall
not exceed seventy-seven (77) spaces and no parking shall be
constructed in front of the building.
7)
Monument-style signage at the entrance of the property shall
not exceed 35 square feet. Total site signage shall not exceed 70
square feet. Temporary signage shall be limited to activities
directly related to the Roanoke Council of Garden Clubs, Inc.
E.
COMMISSION ACTION(S)
Mr. McNeil made the motion for a favorable recommendation to rezone 2.37 acres from C1 C
to C1C with amended conditions and a motion in favor of rezoning .28 acres from R1 to C1C
with conditions. Both motions carried 5-0.
F.
DISSENTING PERSPECTIVE
None.
G.
ATTACHMENTS:
- Concept Plan
- Staff Report
- Vicinity Map
- Other
Janet Scheid
Roanoke County Planning Commission
2
s-~
STAFF REPORT
Petitioner:
Roanoke Council of Garden Clubs, Inc.
Request:
Rezone 2.37 Acres from C-1C Office with Conditions to C-1C
Office with Amended Conditions and Rezone 0.28 Acre from R-1
Low Density Residential to C-1 Office with Conditions
Location:
3640 Colonial Avenue and a Portion of 3612 Parkwood Drive
Magisterial District: Cave Spring
Proffered Conditions: 1) The subject property will be developed in substantial
conformity with the "Proposed Plan" bearing revised date of
January 14, 2004 and with the architectural rendering dated
January 30, 2004 prepared by Rife & Wood Architects.
2) Use of the property will be limited to activities of or sponsored
by the Roanoke Council of Garden Clubs, Inc. including offices,
meetings and rental of the building.
3) Applicable Colonial Avenue Corridor Design Guidelines shall
be in effect with the word "shall" replacing the word "should" as
determined during the site plan review process.
4) The proposed building shall be limited to 6,000 square feet of
gross floor area and 26 feet in height.
5) Exterior building materials shall be of brick and wood.
6) Total parking including rear and building-side dropoff shall
not exceed seventy-seven (77) spaces and no parking shall be
constructed in front of the building.
7) Monument-style signage at the entrance of the property shall
not exceed 35 square feet. Total site signage shall not exceed 70
square feet. Temporary signage shall be limited to activities
directly related to the Roanoke Council of Garden Clubs, Inc.
EXECUTIVE SUMMARY:
In February, 2004, a 2.37 acre parcel at 3640 Colonial Avenue was rezoned from R-1 to
C-1 with conditions. In order to provide additional parking above the maximum 60
spaces previously proffered to serve the civic/club facility, the petitioner has filed this
request. The subject 0.28 acre is designated Neighborhood Conservation by the 1998
Community Plan. The proposal complies with most Corridor Study design guidelines.
s._~,
1.
APPLICABLE REGULATIONS
Defined as uses "providing meeting or social facilities for civic or social clubs,
fraternal/sororal organizations and similar organizations and associations primarily
for use by members and guests," clubs are pennitted by right in the A V, C-I and C-2
zoning districts. No specific ordinance use and design standards apply to clubs in a
C-I district, although applicable Colonial Avenue Corridor design guidelines are
attached as proffered conditions. Please see the listed proffers on the first page of
this report. Grading, site and building plan review is required. A commercial
entrance permit is required by VDOT.
2.
ANALYSIS OF EXISTING CONDITIONS
Background - The petitioner has purchased the original 2.3 7 acres and purchase of
the remaining 0.28 acre portion is expected pending rezoning. Previously existing
structures have been removed and grading is underway for the proposed 6,000 square
foot building and parking area sufficient for office uses, gatherings and meetings of
the local council of garden clubs and similar organizations.
TopographyN egetation - The site slopes gently downhill from the rear toward
Colonial A venue. Little, if any existing vegetation is expected to remain after grading
is complete.
Surroundin~ Neighborhood - The original subject 2.37 acre tract is zoned C-I with
conditions, the subject 0.28 acre is zoned R-I and parcels east, south and north are
zoned R-I and contain single family dwellings. A C-I zoned dentists' office stands
to the west.
3.
ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout I Architecture - Proffered is a 6,000 square foot, one-story brick and
wood building centrally located onsite. The structure is projected to have a gable roof
and will stand no taller than 26 feet at roof peak. Signage is proffered at a total of 70
square feet, half of which will consist of a monument sign at the site entrance.
Adopted Colonial Avenue Corridor design guidelines call for new construction that
avoids excessive height, has a distinct residential character, utilizes earth tone exterior
materials and protects existing drainageways.
Access I Traffic Circulation / Parking - The proffered "Proposed Plan" indicates a 24
foot wide access drive extending approximately 400 feet to the rear parking holding
77 total spaces, The newly requested 17 parking spaces are shown at the rear ofthe
site encircled by an extended drive aisle. Design guidelines strongly recommend the
use of pervious materials where possible, particularly where large scale parking is
planned. The county Traffic Engineer reports that no specific applicable trip
generation rates are available, but with only occasional meetings of up to 80
participants, this portion of Colonial Avenue's level of service should not be
adversely affected. VDOT has previously reported a traffic count of 9,641 vehicles
per day and a 35 mile-per-hour speed limit requiring 350 feet of sight distance which
is available
s-~,
Neighborhood Meeting - A citizens' meeting was held on September 22,2004 to
provide the applicant and interested citizens an opportunity to discuss the revised
development proposal. 12 neighbors attended in addition to a Roanoke Council of
Garden Clubs representative and contractor and the district supervisor. Questions and
comments focused on drainage, landscaping, lighting and signage,
Drainage / Utilities / Fire & Rescue - The staff landscape architect reports that "the
history of stonnwater problems in this area fueled many of the concerns at the
neighborhood meeting. 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 staff that drainage
conditions should actually improve if this site was developed with the construction of
a stonnwater management facility. Though it will not cure downstream problems, it
will help alleviate the situation. This drainage area is quite large and was developed
well before stonnwater management practices were required. County staff is now
looking at this area trying to determine the best course of action to help alleviate
some ofthe drainage problems that now exist." Public water and sewer are available
to the property. Emergency vehicle travel time is expected to be within four minutes
with Cave Spring Fire & Rescue squads as the primary response units. Fire & Rescue
staff stated previously that this facility should not impact call volume significantly,
but that water supply for fire suppression should be addressed during construction.
Screening & Buffering - The proffered "Proposed Plan" indicates a variable 20 foot
to 30 foot wide densely vegetated buffer yard along the site's east, south and west
boundaries adjoining R-I zoned single family residences. Interior parking area, lawn
and garden area plantings will also be present. The 20 foot wide buffers should also
include screen fencing which is not shown. Additional landscaping may also be
implemented for the facility's sign and stormwater detention areas.
4.
CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN
The 1998 Community Plan designated the original subj ect parcel Transition to a depth
of approximately 275 feet off Colonial Avenue and Neighborhood Conservation for the
rear 200-plus feet ofthat property. The entire 0.28 acre subject area adjacent southeast
of the original tract is designated Neighborhood Conservation. Transition policy
encourages the orderly development of highway frontage parcels with a high degree of
architectural and environmentally sensitive site design for office, institutional, higher
density residential, park and small scale coordinated retail uses while serving as buffers
between highways and adjoining lower intensity development. Neighborhood
Conservation areas are delineated where established single family neighborhoods exist
and conservation of the existing development pattern is encouraged. Neighborhood
Conservation policy states that single family neighborhoods are traditionally the most
protected land uses. The applicant has proffered that applicable Colonial Avenue
Corridor design guidelines shall be in effect as determined during site plan review.
Sq<- ~,
5.
STAFF CONCLUSIONS
This proposal is a rare example within Colonial Avenue corridor limits of dual land use
designations and it offers an opportunity for proper adaptive re-use. Transition area
guidelines stress the importance of a minimum total of access points, parking and
increased vegetative buffers. Buffering along rear and side property lines adjacent to
lower intensity residential uses is crucial. Sites should be planned to provide a
desirable blend with the streetscape, supply space for adequate planting and ensure safe
pedestrian and vehicular movement. Neighborhood Conservation category guidelines
strive for a high level of protection for established single family residential areas from
potential encroachment by higher intensity uses. The total project area is large enough
to accommodate the building and parking areas proposed and to prevent negative
impacts to adjoining residential uses if carefully developed.
If the Planning Commission is in support of this proposal, staff recommends that the
proffered conditions, as listed on the first page of this report, be accepted. The proffers
appearing in this report are the same as those accepted in February, 2004 with two
exceptions: 1) site plan changes pertaining to parking and screening and buffering;
2) total number of parking spaces pennitted increases from 60 to 77.
CASE NUMBER:
PREPARED BY:
HEARING DATES:
27 - 10/2004
Timothy Beard
P.C.: 10/5/2004
Christopher Lowe
B.O.S.: 10/26/2004
. '.
s~~
County of Roanoke
Community Developmènt
Planning & Zoning
For Staff Use Onl
, , , ,," '
Rtce~ed by:
PCIBZA date:"
10 0
5204 Bernard Drive
POBox 29800
Roanoke, VA 24018-0798
(540) 772-2068 FAX (540) 776-7155
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Check type of application flled (check all that app1y)
C3 Rezoning 0 Special Use 0 Variance
AppCO.NTACT: .samuel L. Lionberger, Jr.
llicants name/aaaress WlZlp ,
Roanoke Council of Garden Clubs, Inc.
3201 Brandon Ave. SW - Suite 2
Roanoke, Virginia 24018
Own~r's name/addr~ss whip
Sterling M and Rochelle R. Wardell
3612 Parkwood Drive SW
0 Waiver
5903 $tarkey ~~¥
Work:
Cell #:
Fax No.:
0 Admillistrative Appeal
Roanoke~ Va. 24014
9~9- ':\0]
~~~!
989-5426
Pbone #:
Work:
Fax No. #:
725-2114
Property Location
Magisterial District: Cave Spr ing
Community Planning area: Cave Spring/Colonial Ave.
Existing Zoning: C::'1C, R-1
Size of parcel(s): Acr~s: 2.37 Existing LaDd Use: vacant
;.iii~.#;~.~~ t1,$Jf'f~~tr~'::!f..~lM~4{~t,~~tm, ."..:~~'..-_.."_.:..,~:,~.~:.,,,- -...:~~.."~_......_.._._",...,-",...,,
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 parcel mret the minlmum lot area, width, aDd frontage requirementS oithe requestcl district?
Yes X No IF NOt A VARIANCE IS REQUIRED FIRST.
Does the parcel meet the minimum criteria for the requested Use Type?
IF NO, A V AmANCE IS REQUIRED FIRST
If rezonmg request, are conditions being proffered with this request? Yes X No
~~ï:"'i~~; ~.:M~i¡yl~iir~,~~~i-.iiüiiitiNtj)¿-;~::"'..~,,, ,! :;~~~,,:,,:~~~, '_.c,;.~~,'~~ ...~::.~~",~.;,'.~~,
Yes X
No
VariancelWaiver of Section(s)
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 Zonmg Map to
of the Roanoke County Zoning OrdÌD.!.llce
APPLICATION MLL NOT BE ACCEPTED IF ANY OF THESE
RISfW Viti
ApplicarloIl f~e
Proffers, if applicable
AdjoiIùng property o'Wtlers
ct peer and am acting with the knowledge aDd"
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t~~!i~~.~~~ON ~OR.~Zd~G,'.~:~:~~~~'P~..:~:~;:~#:'~~~~Ät§.~.~..~:...:....~..~. ~'.~ .""-"'...."".'....
Applicant
Roanoke Council of Garden Clubs, Inc.
The Planning Commission will study rezoning, special use permit or waiver requests to determine the need ånd justification for
the c:.bange in terms ofpublic health, safety;'and general welfare. P1ease answer the following questions as Ü!-°roughly as possible,
Use additionaJ space if necessary. II II
Please explain how the request furthers the purposes of the Roanoke County OrdiDance as well as the purpose found at the
beginning of the applicable zoning disnict classification in the Zoning Ordinance.
Amend Conditions # 1 and #6 of Ordinance # 022404-6 to refteèt 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 cxplaiD bow the project conforms to the genera] guidelines and policies contained in the Roanoke County Community
Plan.
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.
Plwe descnl>e the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well
as the impacts on public services and facilities, including water/sewer, roads, scbools, parks/recreation and fixe and rescue.
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.
s-~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, OCTOBER 26,2004
ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 2.37-
ACRE TRACT OF REAL ESTATE LOCATED 3640 COLONIAL AVENUE
(TAX MAP NO.77.18-3-15) FROM C1C WITH CONDITIONS TO C1C
WITH AMENDED CONDITIONS AND TO CHANGE THE ZONING
CLASSIFICATION OF A .28-ACRE TRACT OF REAL ESTATE
LOCATED AT 3612 PARKWOOD DRIVE (PART OF TAX MAP NO.
77.18-3-3) FROM R1 TO C1C WITH CONDITIONS, CAVE SPRING
MAGISTERIAL DISTRICT UPON THE APPLICATION OF ROANOKE
COUNCIL OF GARDEN CLUBS, INC.
WHEREAS, the first reading of this ordinance was held on September 28, 2004,
and the second reading and public hearing were held October 26, 2004; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on October 5, 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
2.37 acres, as described herein, and located at 3640 Colonial Avenue (Tax Map
Number 77,18-3-15) in the Cave Spring Magisterial District, is hereby changed from the
zoning classification of C1 C, Office District with conditions, to the zoning classification of
C1 C, Office District with amended conditions,
2.
That the zoning classification of a certain tract of real estate containing .28
acres, as described herein, and located at 3612 Parkwood Drive (Part of Tax Map
Number 77.18-3-3) in the Cave Spring Magisterial District, is hereby changed from the
5-~
zoning classification of R-1, Low Density Residential, to the zoning classification of
C 1 C, Office District with conditions.
3.
That this action is taken upon the application of Roanoke Council of
Garden Clubs, Inc.
4,
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:
(1) The subject property will be developed in substantial conformity with the
"Proposed Plan" bearing revised date of January 14, 2004, and with the
architectural rendering dated January 30, 2004, prepared by Rife & Wood
Architects.
(2) Use of the property will be limited to activities of or sponsored by the
Roanoke Council of Garden Clubs, Inc., including offices, meetings, and rental of
the building.
(3) Applicable Colonial Avenue Corridor Design Guidelines shall be in effect
with the word "shall" replacing the word "should" as determined during the site
plan review process.
(4) The proposed building shall be limited to 6,000 square feet of gross floor
area and 26 feet in height.
(5) Exterior building materials shall be of brick and wood.
(6) Total parking including rear and building-side drop off shall not exceed
seventy-seven (77) spaces and no parking shall be constructed in front of the
building,
(7) Monument-style signage at the entrance of the property shall not exceed
35 square feet. Total site signage shall not exceed 70 square feet. Temporary
signage shall be limited to activities directly related to the Roanoke Council of
Garden Clubs, Inc.
5.
That said real estate is more fully described as follows:
All of Tax Map No, 77.18-3-15 containing 2,37 acres and located at 3640
Colonial Avenue.
Part of Tax Map No. 77.18-3-3 containing .2783 acres and located at 3612
Parkwood Drive and more particularly described as: Beginning at a point 1.84'
north of concrete monument at the northwest corner of Lot 6, Section 4, Green
Valleys 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
2
s-~
the rear property line of a portion of Lot 9, and Lots 8, 7, and 6 of Section 4 of
Green Valleys Subdivision to the point of beginning and containing ,2783 acres
and being a portion of Tract liB," Section 4 of Green Valleys Subdivision,
6.
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 amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
3
Jan 22 04 OS:14p
RIFE & WUUU MK~n~I~~'~
Post-it. Fax Note 7672
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N\F PROPERTY OF
PEGGY JOHNSON
TAX NO 77.18-03-17
, '-
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Thursday, June 03, 2004 12:30 PM
Sterling War~eIl5(D.725.21 1 (
NOTES:
1. TI-{IS PLAT WAS PREPARED Vr1THOUT BENEI'1ì Of A TlTlf REPORT AND
IS SUBJECT 'THERETO. THEREFORE, lHERE MAY EXIST ENCUMBRANCES
'M-IICH AFFECT THE PROPERT'r' NOT SHOWN HEREON.
2. "THE SUBJECT PROPERlY IS WITHIN '!HE UMITS OF ZONE
- 'x' AS SHOWN ON'THE FEMAF1.000 INSURANCE
RA Tt MAP. 'THIS DE1ERMINA 11 ON IS BASED ON SAID MAP AND
HAS HOT BEEN 'lERIFlED BY ACllJAL FIELD ELEVAllONS.
J. THIS PLAT WAS PREPARED IN ACCORDANCE WITH REQUIREMENTS
SET rORTH BY THE: COMMONWE"'LTH Of' VlFtOINIA fO~ PHYSICAL
IMPRO'ÆMENT SURVEYS, LEGEND:
',\,B.lo- IoIINIt, UM BUILDINCI LINE W\.. ~'D1
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N\F PROPERTY OF
WALTER C. HAMILTON
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TAX NO 77.18-0J-19.
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IoIAP REFERENCES:
1 SlJRVEY FOR'a.AUDt D. .
¡:;..UL.INE CJ.RlER BY T.P. P...RI(ER
Dum OCT 10. ,.55
2. PI.A T FOR HOWARD W. ¡¡
E\Ð. "'" L. eu. mil IV C.B. .
I,IALOO\.Y .. SOl{ DATED
OCT II, 1"2, D.B. 716 PC. 105
3. WR~ f'OR .BETT"I" t.1. LuCAS
B'r T.P. PMlCER It SOH
DA1tD HOV 3. 1877
4. PLAT f'DI' QAUor; tI. iii
PAVUHt CAATEFt BY OA'I1C
DICK a; HARRY w~u.
DATED DEC I. 1904-, D.B, 774 PG 492 .
T,
SURVEY fOR.
OLGA WARDELL
LECAL REFERENŒ:
O.B. 1;53$ PO. 1ZG
SHOWING TRACT ~B', 1.358 ACRES
SlTUAiE ON PARKWOOD DRIVE
ROANOKE COUlHY, \IIRQlNIA
TAX' 77.18-03-03 TPP&S T. p. PAEID . SON
N.B JR 217 DRAYtNJD435 8Þ ENOI""~E~. In IoIllfftH
CAlC. -- CHK'D..!:BQ...: ."""vs-ro". ~ Dllloe .. U
...... ~ ~I..ANN~ III. ~ 'ftrP.Ia 64,186
-EXHIBIT. An
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ClNDERILDCK
GARAGE W¡M'T
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-BUILDING DETAIL-
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ERROR OF CI.O$UPt!
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DAre 9 DEC ,2002 .
0- 51849
02-08"5
LEGAL DESCRIPTION OF PARCEL TO BE RE-ZONED. . . .
Beginni"8 at a point 1.84' north of concrete monument at the northwest comer of Lot 6,
Section 4, Green Valleys Subdivision Plat and cont11)U11Jg 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' rot» W for 24S' 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 ofbegjnning and containing .2783 acres and being a portion of
Tract "B", Section 4 of Green Valleys Subdivision.
s-
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PROFFERED CONDITIONS
~-~
The undersigned applicant/owner hereby proffers the following conditions in conjunction
with this rezoning request:
1. The subject property will be developed in substantial conformity with the
"Proposed Plan" bearing revised date of January 14,2004 and with the
architectural rendering dated January 30, 2004 prepared by Rife & Wood
Architects.
2. Use of the property will be limited to activities of or sponsored by the Roanoke
Council of Garden Clubs, Incorporated including offices, meetings and rental of
the building.
3. Applicable Colonial Avenue Corridor Design Guidelines shall be in effect with
the word "shall" replacing the word "should" as determined during the site plan
reVIew process.
4. The proposed building shall be limited to 6,000 square feet of gross floor area
and 26 feet in height.
5. Exterior building materials shall be of brick and wood.
6. Total parking including rear and building-side dropoff shall not exceed seventy-
seven (77) spaces and no parking shall be constructed in front of the building.
7. Monument-style signage at the entrance of the property shall not exceed 35
square feet. Total site signage shall not exceed 70 square feet. Temporary
signage shall be limited to activities directly related to the Roanoke Council of
Garden Clubs, Incorporated.
Owner:
~
R..;1,e:leR, Wax.~l ~.
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6~Wardell. .
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Applicant:
Zoning
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Roanoke County
Department of
Community Development
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Applicants Name: Roanoke Council of Garden Clubs, Inc.
Existing Zoning: C-1C/R-1
Proposed Zoning: C-1C
Tax Map Number: 77.18-3-15
Magisterial District: Cave Spring
77.18-3-3 (Portion)
Acreage: +/- 2,6 Acres
September 7, 2004 No Scale
5-3
PETITIONER:
CASE NUMBER:
Roanoke Cheerleading Academy
28-10/2004
Planning Commission Hearing Date:
Board of Supervisors Hearing Date:
October 5, 2004
October 26, 2004
A.
REQUEST
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.
B.
CITIZEN COMMENTS
Two citizens spoke in favor of the petition.
C.
SUMMARY OF COMMISSION DISCUSSION
Mr. David Holladay presented the staff report. The Commission inquired about the suggested
condition to close or relocate the eastern driveway entrance from Terminal Road. The
property owners addressed the issue, and replied that they would prefer to keep the existing
entrances in order to serve the existing business. The commission deferred decisions on the
driveway entrances to the Virginia Department of Transportation, and did not impose the
condition to close or relocate the eastern entrance.
D.
CONDITIONS
1) The facility shall be used for training purposes only.
E.
COMMISSION ACTION(S)
Mr. McNeil moved to approve the Special Use Permit, with the one condition listed above.
The motion carried 5-0.
F.
DISSENTING PERSPECTIVE
G.
ATTACHMENTS:
- Vicinity Map
- Other
- Concept Plan
- Staff Report
Janet Scheid
Roanoke County Planning Commission
3
Petitioner:
Roanoke Cheerleading Academy
~-3
Request:
Special Use Permit for Commercial Indoor Sports & Recreation
Location:
5205 Starkey Road
Cave Spring
Magisterial District:
Suggested Conditions:
1. The facility shall be used for training purposes only.
2. The eastern-most entrance from Terminal Road shall be relocated or
closed in order to meet VDOT standards of separation from the intersection.
EXECUTIVE SUMMARY:
The Roanoke Cheerleading Academy proposes to use approximately 6,000 square feet of space in
the center of a 27,000 square foot warehouse building. The petitioner needs large open interior
space for tumbling mats and high ceilings for aerial gymnastic training. The proposed
commercial use would have minimal impact to the neighborhood and is consistent with the
policies and guidelines in the Community Plan. The proposed use is for training purposes only,
and not for competition. While there appears to be adequate on-site parking for the training
facility, the parking area would not be sufficient for spectators at a competition. The Planning
Commission should consider a condition limiting the use to a training facility only. A second
condition to improve the driveway entrances should also be considered.
1.
APPLICABLE REGULATIONS
Commercial Indoor Sports & Recreation is allowed by Special Use Permit in the 12, Industrial
District.
If the existing entrances are altered, then Virginia Department of Transportation approval is
required for a commercial entrance permit.
Interior alterations may require a building permit.
2.
ANALYSIS OF EXISTING CONDITIONS
Background - Hartwell-Jamison, LLC. owns the 27,000 square foot warehouse building at 5205
Starkey Road. They plan to lease a center portion of the building, approximately 6,000 square
feet, to the Roanoke Cheerleading Academy. The front and rear sections of the building will
continue to be occupied by Hartwell Designs.
TopographvN egetation - The site is flat and fully developed with the building, parking areas and
loading dock.
SUITounding Neighborhood - Properties to the south, west and north are zoned 12, Industrial, and
contain mini-warehouses, bulk petroleum storage tanks, and a farm equipment fabricator.
Properties to the east, across Starkey Road are zoned C2, General Commercial, and contain an
efficiency inn and day care center.
1
3.
ANALYSIS OF PROPOSED DEVELOPMENT
~-3
Site Layout/Architecture - The Roanoke Cheerleading Academy proposes to use approximately
6,000 square feet of space in the center of the building. The petitioner needs large open interior
space for tumbling mats and high ceilings for aerial gymnastic training. An existing side door
would be replaced with a new entrance door which would serve as the main entrance to the
facility. Other planned improvements include new lighting, tile, carpet, HV AC upgrades and
painting.
The petitioners have stated that the facility would only be used for training and not for
competition. While there appears to be adequate on-site parking for the training facility, the
parking area would not be sufficient for spectators at a competition. The Planning Commission
should consider a condition limiting the use to a training facility only.
Access/Traffic Circulation - Access to the site is via three driveways from Tenninal Road. The
western-most driveway serves the rear loading dock. The other two driveways serve the front of
the building. One of the entrances is very close to the intersection of Tenninal Road and Starkey
Road. The Roanoke County Traffic Engineer and the VDOT Assistant Resident Engineer have
both recommended closing this eastern entrance due to its proximity to the intersection. If the
entrance is closed, then some improvements to the other nearby entrance would be necessary in
order to better serve the two-way traffic. If the entrance remains open, on the other hand, it could
aid the parking lot traffic circulation, with one driveway serving as an entrance and one serving as
an exit. The Planning Commission may wish to consider a condition requiring closure or
relocation of the eastern entrance.
Along Starkey Road, a small asphalt curb separates the parking area from Starkey Road. This
curb is short enough to be driven over, and does not sufficiently restrict access to Starkey Road.
The County Traffic Engineer has recommended making this curb more substantial in order to
better control access to the front parking lot.
As stated above, there appears to be adequate on-site parking for the proposed use, but not for any
more intense use such as a competition; which would bring other teams and spectators. Parking
for Commercial Indoor Sports and Recreation is based on maximum occupancy - one space per
three persons occupying the building, plus one for each employee. The petitioners have stated
that the maximum number of occupants in the facility at any time would be around 50. At those
numbers, the existing parking lot would be sufficient, especially given the fact that many of
students that would be dropped off and picked up, rather than parking a vehicle.
Fire & RescuelUtilities - No impacts are anticipated to fire and rescue service. The building is
served by public water and sanitary sewer.
Economic Development - Economic development staff offer no objections to the proposed use,
citing the mix of residential, commercial and industrial uses in the Starkey Road corridor.
4.
CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN
The site is designated Transition in the 1998 Roanoke County Community Plan, Future Land Use
Guide. The transition designation encourages the orderly development of highway frontage
parcels. Transition areas generally serve as developed buffers between highways and nearby or
adjacent lower intensity development. The transition areas are more suitable for office,
institutional and small-scale coordinated retail uses. The proposed commercial use would have
2
S-3
minimal impact to the neighborhood, operates on a regular schedule, functions as a destination
use rather than an "impulse" traffic generator; and is consistent with the policies and guidelines in
the Community Plan.
5.
STAFF CONCLUSIONS
The Roanoke Cheerleading Academy wishes to move their business into vacant warehouse space
at 5205 Starkey Road. They need large open interior space for tumbling mats and high ceilings
for aerial gymnastic training. The proposed use is for training only, and not for competition.
While there appears to be adequate on-site parking for the training facility, the parking area
would not be sufficient for spectators at a competition. The Planning Commission should
consider a condition limiting the use to a training facility only. A second condition to improve
the driveway entrances should also be considered.
CASE NUMBER:
PREPARED BY:
HEARING
DATES:
28-10/2004
David Holladay
PC: 10/5/04
BOS: 10/26/04
3
County of Roanoke
Community Developmént
Planning & Zoning
For Staff Use Only
S-3
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5204 Bernard Drive
POBox 29800
Roanoke, VA 24018-0798
(540) 772-2068 FAX (540) 776-7155
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Check type of appli~a 'on filed (check all that app1y)
0 Rezoning Special Use 0 Variance
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0 Waiver
0 Administrative Appeal
Applicants name/address whip , '
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Phone: .-=)4D ~-'î <.0- t S 2 S
Work: ~~ 9!,~ÍD ... 1523
CellI: ,.. ì -1'lð4
Fax No.: 540 ~ Îì ú> - 1162..
Owner's name/address whip
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Property Location
5 2 0 5 'S-r- O--f \-L L Y Q. oo..ol
Community PlanD.ing area: C,
Tax Map No.: 9l. \ 5 - 2- - 'l Existing Zoning: T 2-
Size ofparcel(s): Acres: t. 2...~ Existing Land Use: W o.Y"~hous"C.-
"j::""'.""'~~::~~~~~(?,#t p$Jf,'iiuw.Jt.~:~#WJt.q~~~~~,~§(m, ..,"..~~'~'--....:..,". ~,~:.",'...,....',_.,.....,..,~~...y "~.,:~'"'
Proposed Zoning: r 2- I 5 P c c- ì 0..... \ U <; c., p c. ý" '('{'\. 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 IlliD1mum criteria for the requested Use Type?
IF NO, A VARIANCE IS REQUIRED FIRST
If rezoning request, are conditions being proffered with this request? Yes No
;'~';;;,%~;iT,';;-à".'2¡.;~m' 'Hrn,:"""AD""~:~,':,~,~~~~~,"',~::';.:'~,~;~.~...,~";~I.:,'~,"::-:~}'a~~:',;~::;.::}i:~'t-""""--' ',""""""-"" ..", ",""""".,"'"
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N/A
Phone #:
Work:
Fax No. #:
Magisterial District: C a \J e.
Yes
No
Variance!Waiver of Section(s)
of the Roanoke County Zoning Ordinance ÍD order to:
Appeal of Zoning Administrator's decision to
Appeal of Interpretation of Sectìon(s):
Appeal of Interpretation of Zoning Map to
of the Roanoke County Zoning Ordinance
Is the application complete? P1ease check if enc1osed. APPLICATION Wll..L NOT BE ACCEPTED IF ANY OF THESE
ITEMS ARE MISSING OR INCOMPLETE.
RlS/W V/AA R/SfW V/AA , RlSIW V/AA
~ Consultation _81/2' x 11" concept plan ~ Application fee
Application' A Metes and bounds description Proffers, if applicable
Justification Wa'œr 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 urcmser and am acting with the knowledge and
~~er. ~- '
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Applicant
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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 thorougWy as possible,
Use additional space if necessary.
Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the
beginning of the applicable zoning district classification in the Zoning Ordinance.
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Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community
Plan.
Please descnòe the ímpact(s) of the request on the property itself, the adjoining propenies, and the SU1Tounding area, as well
as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue.
..,
S'-3
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A concept plan of the proposed project must be submitted with the application. The concept plan shall 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 aDd may
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 coæept plan is required with all rezoning, special use permit, waiver and variance applications. The plan should be
prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County
PlaDDing Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered
minimum:
ALL APPLICANTS
a. Applicant name and name of development
b. Date, scale and north arrow
c. Lot size in acres or square feet and dimensions
d. Locarion, names of owners and Roanoke County tax map numbers of adjoining properties
1.
Physical featuIes such as ground cover, natural watercourses, floodplain, etc.
The zoning and land use of all adjacent properties
All property lines and easements
All buildings, existing and proposed, and dimensions, floor area and heights
Location, widths and mmes of all existing or platted streets or other public ways within or adjacent to the development
Dimensions and locations of all driveways, parking spaces and loading spaces
e.
f.
- g.
h.
- j.
Additional information required for REZONING and SPECIAL USE PERMIT APPliCANTS
k. Existing utilities (water, sewer, stOIDl draiDs) and connections at the site
I. AIly 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. A11y 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.
fJ - 25-04
Date
¡::,
S-3
August 25, 2004
Roanoke Cheerleading Academy~s 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 program started out with 16
cheerleaders and in only three short seasons has grown to over 65 cheerleaders
from Roanoke, Salem, Botetourt, Franklin County, Pulaski, 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 National level. Proud just to have made it that far Roanoke
Cheerleading Academy competed at the National competition and won 1st pIa~e
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 equipment 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 accomlnodations
have to be in place to carry out our activities and practices. For the past two years
Roanoke Cheerleading Academy
4005 Chaparral Drive Roanoke, VA 24018 . Phone Number 540-776-1523
S-3
RCA has looked allover the Roanoke and Salem area to find a building to house
OUI 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 ceiling 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 will 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
Cheer leading Academy. The majority of OUI 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
~-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 26,2004
ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROANOKE
CHEERLEADING ACADEMY TO OPERATE A COMMERCIAL INDOOR
SPORTS AND RECREATION FACILITY TO BE LOCATED AT 5205
STARKEY ROAD (TAX MAP NO. 87.15-2-7) CAVE SPRING
MAGISTERIAL DISTRICT
WHEREAS, Roanoke Cheerleading Academy has filed a petition for a special
use permit to operate a commercial indoor sports and recreation facility to be located at
5205 Starkey Road (Tax Map No, 87.15-2-7) in the Cave Spring Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
October 5, 2004; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on September 28, 2004; the second reading and public hearing
on this matter was held on October 26, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1.
That the Board finds that the granting of a special use permit to Roanoke
Cheerleading Academy to operate a commercial indoor sports and recreation facility to
be located at 5205 Starkey Road in the Cave Spring Magisterial District is substantially
in accord with the adopted 2000 Community Plan pursuant to the provisions of Section
15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is
hereby approved with the following condition:
(1 )
The facility shall be used for training purposes only,
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2.
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 amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
2
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 TED ALONG STARKEY ROAD
CA ve SPRING MAGISTERIAL DISTRICT
RO.ANOKIL COUNTY, VIRGINIA
OCTOBER 28, 2003
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. 1.231 AC, 15205 STARKEY ROAD
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P.B. 1. PG. 256
NOÆS:
,. THIS PROPERTY IS NOT LOCA ÆD ItfTHIN THE UM/TS OF A 100 teAR FLOOD BOUNDARY AS DESIGNA ÆD BY
FEMA. THIS OPINION IS BASE:D ON AN INSPECTION OF THE: FLOOD INSURANCE RA 1f MAP AND HAS NOT
BEEN VERIF1£D BY ACTUAL F1ELD ElEVATIONS, SEE COMMUNITY PANEL 1510190 0062 D, ZONE X,
2. THIS PLA TWAS PRE:PARED Itf7HOUT mE: B£NEF1T OF A CURRENT TITLE REPORT AND THERE MA Y f:X1ST
ENCUMBRANCES 'MIlCH AFFECT THE PROPERTY NOT SHOItN HEREON,
J. THIS PLAT WAS PREPARED IN ACCORDANCE: ItfTH REQUIREMENTS SET FORTH BY THE COMMONVÆ:ALTH OF
VIRGINIA FOR PHYSICAL IMPROVE:MENT SURVE:YS.
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LUMSDEN ASSOCI A rES, P.c.
EN G I NEERS-SUR VEYORS-PLANNERS
ROANOKE, VIRGINIA
4664 BRAMBlETON AVENUE PHONE: (540) 774-4411
P.O. BOX 20669 FAX: (540) 772-9445
ROANOKE, VIRGINIA 24018 E-MAil: MAll@LUMSDENPc.COM
COMM. NO.1
03-354
CADD FILE.
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Roanoke County
Department of
Community Development
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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.
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:
October 26,2004
AGENDA ITEM:
Second reading of an ordinance authorizing and approving
execution of an option and lease agreement with Virginia PCS
Alliance, LC, d/b/a NTELOS, for a 3,400 square foot tower site
at the Hollins Fire Station on Barrens Road, Hollins Magisterial
District
SUBMITTED BY:
Anne Marie Green
Director of General Services
Elmer C. Hodge ~ II~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
Roanoke County has begun advertising various pieces of County property for lease by
cellular service providers for tower sites. Income received from these sites will then be
available for improvements to County facilities and equipment.
NTELOS, a cellular telephone company, has expressed interest in leasing space at the
Hollins Fire Station for a tower, and has already received a special use permit from the
Board for this project. Staff has been negotiating a lease with NTELOS, and a draft copy of
the lease is available in the Clerk's Office. The major provisions of the lease are as follows:
. NTELOS will construct the tower and three cabinets and/or buildings at the Hollins
Fire Station site at no cost to the County.
. NTELOS will provide space for the County's current communication equipment, and
additional space will be reserved for another County antenna.
. NTELOS will move all current County equipment and provide a cabinet at the base
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of the tower for the County's use, at no cost to the County. NTELOS will also
remove and dispose of the current tower at the site.
. NTELOS will pay Roanoke County $6,000 annually for five years to lease the space
at the fire station. The lease may be extended at the option of NTELOS for four
additional five year periods, with an increase in rent of 20% for each extension.
. If NTELOS leases space on the tower to other entities, the County will receive 20%
of the rent from the third party. The County also has approval rights over any
subleases.
. NTELOS may not assign or sell the tower without the County's permission.
Additionally, the County has the right of first refusal to purchase the tower, at fair
market value at the time of the sale. Fair market value will be based on an appraisal
by a certified appraiser, and take into consideration depreciation and income
producing potential of the tower.
. At the end of the 25 year lease period, NTELOS will either remove the tower or give
it to the County, at the County's option.
FISCAL IMPACT:
There is no cost to the County. The County has a variety of other leases with cell tower
companies, but those have not involved construction of a tower. As an example, NTELOS
pays $18,000 annually in rent at the Salem Bank and Trust Building for antenna space. In
that case, the County building acts as the tower, and the County has the associated costs
of maintenance, insurance, etc. In this case, NTELOS will be constructing the tower, and
assuming all maintenance, repair and liability issues.
If space on the tower is leased to three other carriers as anticipated, the County's
consultant predicts revenue of over $20,000 per year.
STAFF RECOMMENDATION:
Staff recommends that the Board approve the second reading of this ordinance and
authorized the County Administrator to sign the lease.
c
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i
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, OCTOBER 26, 2004
ORDINANCE AUTHORIZING AND APPROVING EXECUTION OF AN
OPTION AND LEASE AGREEMENT WITH VIRGINIA PCS ALLIANCE,
LC., D/B/A NTELOS, FOR A 3,400 SQ. FT. TOWER SITE AT THE
HOLLINS FIRE STATION ON BARRENS ROAD IN THE HOLLINS
MAGISTERIAL DISTRICT, OWNED BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a
parcel of land, containing 2.51 acres, located at 7401 Barrens Road in the County of
Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map #27.13-
4-1, and commonly referred to as the Hollins Fire Station; and,
WHEREAS, staff has been approached by and has negotiated with Ntelos for lease
of a portion of the Hollins Fire Station Site to construct a new telecommunications tower,
with space available for the County's equipment and facilities; and,
WHEREAS, by Ordinance #082404-9 adopted on August 24, 2004, the Board
approved a Special Use Permit for this project at the County site; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on October 12,
2004; and the second reading and public hearing was held on October 26, 2004.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1.
That lease of approximately 3,400 square feet of land, together with rights of
access, ingress and egress, and utility easements, at the Hollins Fire Station, located at
7401 Barrens Road in the County of Roanoke, Virginia, to Virginia PCS Alliance, LC, d/b/a
~-.i
Ntelos, for an initial period of five (5) years at an annual rental of $6,000.00, payable
annually in advance, plus installation and payment for its own utility services, and to include
the option to Ntelos to renew said lease for four (4) additional successive periods of five (5)
years at a twenty percent (20%) rental increase for each renewal period, is hereby
authorized and approved.
2.
That an Option to Ntelos to exercise the rights set forth in the Lease
Agreement and authorized in paragraph 1 hereof, for a period of one (1) year during which
Ntelos shall have the necessary rights of access for feasibility studies and tests, at an
Option Fee of $500.00, to be applied to the rent in the event that the option is exercised, is
hereby authorized and approved.
3.
That subleases of tower and equipment space to third party entities by Ntelos,
with 20% of the rental to be paid to the County, shall be subject to approval by the Board
through resolution.
4.
That the County Administrator or an Assistant County Administrator is hereby
authorized to execute an Option and Lease agreement on behalf of the Board of
Supervisors of the County of Roanoke and to execute such other documents and take such
further actions as are necessary to accomplish this transaction, all of which shall be upon
form and subject to the conditions approved by the County Attorney.
5.
That the revenue generated by this lease agreement, including future
subleases, shall be placed in the County Building Repair Account.
6.
That this ordinance shall be effective on and from the date of its adoption.
2