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Home My WebLink About11/16/2004 - Regular Roanoke County Board of Supervisors Agenda November 16, 2004 NOTE: An audit committee meeting will be held at 2:00 p.m. prior to the Board meeting. Good afternoon and welcome to our meeting for November 16, 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 Wednesday at 7:00 p.m. and on Sunday 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: Pastor Foster Covington Victory Independent Baptist 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. Recognition of the Community Development Department for their collaborative efforts with the National Parks Service, Radford and Co., Friends of the Blue Ridge Parkway, and the Western Virginia Land Trust which resulted in the receipt of the 2004 Scenic Virginia Award for Best Preservation of a Scenic Viewshed 2. Recognition of the Police Department for receiving the Virginia Association of Counties 2004 Achievement Award in the category of Criminal Justice and Public Safety for the Crisis Intervention Team program "A Caring Solution to a Community Issue" 1 D. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2004-2005 budget in accordance with Section 15.2-2507, Code of Virginia. (Diane D. Hyatt, Chief Financial Officer) E. NEW BUSINESS 1. Request from the Police Department to appropriate a grant in the amount of $450,000 from the Department of Justice for the hiring of six additional police officers and appropriation of an additional $42,300 in local funds for the purpose of creating an additional patrol district. (Ray Lavinder, Chief of Police) 2. Resolution adopting a legislative program for the 2005 session of the Virginia General Assembly and petitioning the General Assembly to favorably consider the topics and issues addressed therein. (Paul Mahoney, County Attorney) 3. Presentation of results of operations for fiscal year ended June 30, 2004, and appropriation of funds. (Rebecca Owens, Director of Finance) 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 of, 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 obtain a special use permit to construct a 199 ft. broadcast tower located at 432 Bandy Drive near Windy Gap Mountain, Vinton Magisterial District, upon the petition of Nextel Partners, Inc. 2. First reading of an ordinance to rezone .98 acres from C1 Office District to C2 General Commercial District, and to obtain a special use permit on 2.22 acres for the operation of a fast food restaurant and drive-thru located at the intersections of Brambleton Avenue, Colonial Avenue and Merriman Road, Cave Spring Magisterial District, upon the petition of Seaside Heights, LLC. 3. First reading of an ordinance to rezone 158.657 acres from AR Agricultural Residential District to AG-1 Agricultural District for the development of single family housing located at 6944 Bent Mountain Road and Bergenblick Lane, Windsor Hills Magisterial District, upon the petition of Vaughn & Jackson, LLC. Withdrawn at the reQuest of the petitioner. 2 G. FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing conveyance of an easement to Appalachian Power Company to provide electric service to Virginia PCS Alliance, L. C., d/blal NTELOS, for a 3,400 sq. ft. tower site at the Hollins Fire Station on Barrens Road, Hollins Magisterial District. (Anne Marie Green, Director of General Services) 2. First reading of an ordinance approving a residential lease at the Roanoke County Center for Research and Technology, Catawba Magisterial District. (Anne Marie Green, Director of General Services) H. SECOND READING OF ORDINANCES APPOINTMENTS I. 1. Blue Ridge Behavioral Healthcare 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 13, October 26, October 27, and November 1, 2004 2. Request to accept and appropriate a grant in the amount of $255,000 from the Virginia Department of Rail and Public Transportation on behalf of Unified Human Transportation Services, Inc. (RADAR) 3. Request to accept Cezanne Court into the state secondary road system 4. Request to adopt a resolution fixing the compensation that may be received by non-employee members and non-elected officials of the boards of the Western Virginia Water Authority and the Roanoke Valley Resource Authority, and establishing an effective date 3 5. Request from the Police Department to accept and appropriate a grant (donation) in the amount of $8,900 from the Loyal Order of the Moose to purchase a new total mapping station 6. Request from the Police Department to accept and appropriate a grant in the amount of $6,000 from the Court Community Corrections Alcohol Safety Action Program 7. Request to approve the execution of a contract to provide Commonwealth Attorney services to the Town of Vinton for $6,000 and appropriation of funds 8. Request to approve the execution of an amendment to protective covenants, Mountain View Farm Technological Park K. REQUESTS FOR WORK SESSIONS REQUESTS FOR PUBLIC HEARINGS L. M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future Capital Projects 5. Accounts Paid - October 2004 6. Statement of expenditures and estimated and actual revenues for the month ended October 31, 2004 7. Statement of Treasurer's accountability per investment and portfolio policy as of October 31,2004 8. Economic Development Report for the month ended October 31,2004 O. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made; Section 2.2-3711 A (7) consultation with legal counsel and briefings by staff pertaining to legal matter, namely Virginia Department of Social Services; Section 2.2-3711 A (1) discussion or consideration of the performance of specific public officers; Section 2.2-3711 A 4 (3) discussion or consideration of the acquisition of real property for public purposes, namely regional jail facility; Section 2.2-3711 A (3) discussion or consideration of the acquisition of real property for public purposes, namely Southwest County library branch. P. WORK SESSIONS (4th Floor Conference Room) 1. Work session to discuss the six-year secondary system construction plan for fiscal years 2005-2011 and review of the revenue sharing priority list for fiscal years 2005-2006. (Arnold Covey, Director of Community Development) 2. Work session to review the drainage maintenance program. (Arnold Covey, Director of Community Development) EVENING SESSION Q. CERTIFICATION RESOLUTION R. NEW BUSINESS 1. Request to authorize the execution of a memorandum of agreement among the Federal Highway Administration, the Virginia State Historic Preservation Officer, the Virginia Department of Transportation, and the National Park Service regarding the Interstate 73 Corridor - Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia. (Elmer Hodge, County Administrator) S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. This item has been postponed until January 25. 2005. 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 4.83 acres from 11 C, 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, upon the petition of the Roanoke County Board of Supervisors. (Janet Scheid, Chief Planner) 5 3. Second reading of an ordinance to rezone 9.78 acres from R1, Low Density Residential District, to 11, Industrial District with conditions, 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. (Janet Scheid, Chief Planner) T. CITIZENS' COMMENTS AND COMMUNICATIONS REPORTS AND INQUIRIES OF BOARD MEMBERS U. 1. Joseph P. McNamara 2. Joseph B. "Butch" Church 3. Michael A. Wray 4. Michael W. Altizer 5. Richard C. Flora v. ADJOURNMENT 6 ACTION NO. ITEM NUMBER C-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Recognition of the Community Development Department for their collaborative efforts with the National Parks Service, Radford and Co., Friends of the Blue Ridge Parkway, and the Western Virginia Land Trust which resulted in the receipt of the 2004 Scenic Virginia Award for Best Preservation of a Scenic Viewshed Elmer C. Hodge ~ ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: This is a significant award! We commend the Radford's for taking the initiative and encourage other developers to use this partnership model. I would also like to recognize the Western Virginia Land Trust, Friends of the Blue Ridge Parkway, and the National Parks Service for their collaboration on this project. Special thanks are extended to Janet Scheid, Chief Planner, for coordinating the program. SUMMARY OF INFORMATION: Scenic Virginia's second annual awards program was held on Monday, October 18, 2004, in Richmond where awards were presented in six major categories. Attached is a list showing these awards and the recipients. The award for Best Preservation of a Scenic Viewshed was presented to a coalition composed of the National Parks Service, Roanoke County, Radford & Co., Friends of the Blue Ridge Parkway and the Western Virginia Land Trust for collaborating to preserve 60 acres of scenic viewshed along the Blue Ridge Parkway in Roanoke County. Two years ago, Scenic America, the parent organization of Scenic Virginia, named the area as one of ten "Last Chance Landscapes," a national designation it bestows on places of natural beauty that are imminent danger of being destroyed. As a result of the publicity following that designation, the coalition formed to save the viewshed and developer Frank Radford donated more than 60 acres to protect critical views of his development from the Blue Ridge Parkway. C-1 The Board wishes to recognize this significant achievement and congratulate the Community Development Department and members of the coalition for their efforts to preserve this scenic viewshed. Arnold Covey, Director of the Community Development Department, and Janet Scheid, Chief Planner, will be present for the recognition. Also planning to attend are Frank Radford, David Radford, and Tom Wilson, Radford & Co.; and Roger Holnback, Western Virginia Land Trust. 2 C-I SCENIC VIRGINIA 2004 SCENIC A WARD WINNERS BEST PRESERVATION OF A SCENIC VIEWSHED. Presented to a coalition composed of the National Parks Service, Roanoke County, Radford & Co., FRIENDS of the Blue Ridge Parkway, and the Western Virginia Land Trust for collaborating to preserve 60 acres of scenic viewshed along the Blue Ridge Parkway in Roanoke County. Two years ago Scenic America, the parent organization of Scenic Virginia, named the area as one of 10 "Last Chance Landscapes," a national designation it bestows on places of natural beauty that are in imminent danger of being destroyed. As a result of the publicity following that designation, the coalition fonned to save the viewshed, and developer Frank Radford donated more than 60 acres to protect critical views of his development from the Blue Ridge Parkway. A CHALLENGE TO THE VDOT DISTRICTS: BEST IMPLEMENT A TION OF TREE-TRIMMING POLICY. For the second year in a row, Scenic Virginia presented the award to the Lynchburg VDOT District for taking extra care to make sure Virginia's roadsides are attractive for our visitors and citizens. The category is the result of legislation that Scenic Virginia successfully passed in 2002 that developed new statewide policy for the trimming of roadside trees. This award recognizes the VDOT district that best trims roadside trees for motorist safety while leaving the beauty of the trees for all to see. MOST CREATIVE SCENIC IMPROVEMENT (tie): 0 The Gateway Streetscape Foundation. Honored for its work in beautifYing and enhancing the gateway corridors of Martinsville and Henry County through the planting of trees, shrubbery and flowers, and for demonstrating to Virginia's citizens the value of attractive gateways. 0 The City of Danville Department of Public Works. Recognized for its Danville Interchange Gardens (DIG) program that beautifies the City and encourages civic pride by planting flower gardens that enhance the views of the Dan River, the beauty of the scenic byways, and the wannth ofDanville's historic neighborhoods. C-\ BEST LOCAL ANTI-LITTER PRACTICES. Presented to the City of Richmond's CLean City Commission/Department of Public Works for the City of RichmondIV erizon SuperCity Clean- up in March 2004. Starting with the premise that "every little bit can make a difference," the project pre-registered 6000+ volunteers representing more than 300 groups citywide. Approximately 260 tons of litter were collected, an average of 83 pounds per volunteer. BEST PRESERVATION OF A SCENIC WATER CORRIDOR. Given to the Town of Luray for the Luray-Hawksbill Greenway, a linear park stretching 4 miles through the center of town along the Hawksbill Creek waterway. The new greenway provides Luray's citizens with enhanced opportunities for outdoor recreational activities, including walking, biking, fishing and wildlife- watching, in a natural and beautiful setting. As a result of the riparian buffer that the Town planted, the water quality in the strean1 has significantly improved. SCENIC HERO (given to an elected official, private citizen, or organization for particular achievement in scenic preservation). Presented to The Garden Club of Virginia for their long and distinguished service to conservation and beautification in the Commonwealth. In addition to restoring historic gardens, working to preserve Virginia landmarks, and fighting against visual blight such as billboards, the women of The Garden Club of Virginia work tirelessly to educate their elected officials about the economic benefits of scenic conservation. In a special announcement, Scenic Virginia revealed that the 2004 ENDANGERED VrRGINIA VIEWSHED was given to the ridges of Highland County. The ridges are slated to house a wind energy fann composed of 400-foot high wind turbines that will destroy the view for Highland County's residents and visitors. There is also concern about the effects of the turbines on the surrounding animal population, particularly of birds and bats. While Scenic Virginia and the Friends join other conservation groups in recognizing the value of alternate energy sources, both groups are asking that further study on the effects of wind turbines be conducted and that criteria be developed regarding the siting of the turbines on the East Coast. ### ACTION NO. ITEM NO. c'-R AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Recognition ofthe Police Department for receiving the Virginia Association of Counties 2004 Achievement Award in the category of Criminal Justice and Public Safety for the Crisis Intervention Team program "A Caring Solution to a Community Issue" Elmer C. Hodge ~ II + County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: This is a well-deserved recognition for the County Police Department. The officers and staff of the department have an outstanding way of doing their job with a customer-oriented touch. I commend the department for its caring way of handling this special group of people. SUMMARY OF INFORMATION: The Roanoke County Police Department is the only law enforcement agency in Virginia that trains its officers to effectively communicate with individuals suffering from mental illness. Those in the Roanoke County Police Department who undergo this training are designated members of the department's Crisis Intervention Team (CIT). The program, formed four years ago with the assistance of local mental health care professionals, works by assigning officers who are part of the CIT to 911 calls where a person is in crisis or there is knowledge of a mental health diagnosis. In 2003, Roanoke County stepped up its commitment to the CIT philosophy by offering this valuable training to even more of its officers. The Police Department, in conjunction with Lewis Gale Clinic and Blue Ridge Behavioral Healthcare, also created a pocket-sized pamphlet that officers can distribute to individuals who appear to need counseling or other treatment and/or their family members. In the past year, the Roanoke County Police Department also began providing training assistance to other police departments across the state. c-~ On November 9,2004, the Roanoke County Police department was honored by the Virginia Association of Counties (VACo) with an Achievement Award in the Criminal Justice and Public Safety category for its continued commitment to this invaluable program. The following individuals will be present at the meeting: Ray Lavinder, Chief; Donna Furrow, Assistant Chief; and Sergeant Tom Kincaid. ACTION NO. D-\ ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2004-2005 budget in accordance with Section 15.2-2507, Code of Virginia SUBMITTED BY: Diane D. Hyatt Chief Financial Officer ElmerC. Hodge &.-- /f~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: This is a public hearing to secure citizen's comments concerning amending the FY 2004-05 budget by adjusting the aggregate amount to be appropriated during the fiscal year. Section 15.2-2507 of the Code of Virginia. as amended, provides that whenever such amendment exceeds 1 % of the total expenditures shown in the adopted budget or $500,000, whichever is lesser, the County must publish notice of a meeting and public hearing. The notice must state the County's intent to amend the budget and include a brief synopsis of the proposed budget amendment. This notice was published on November 9, 2004. 1. Appropriation of an amount not to exceed $50,000 to authorize a refund to Public Facilities Consortium for a deposit made on the Phase II unsolicited proposal for the construction of the public safety center 2. Appropriation of an amount not to exceed $527,115 in fee for service revenues in excess of budget to be used for capital fund purchases 3. Appropriation of an amount not to exceed $280,400 for renovations to the Vinton Fire and Rescue building 4. Appropriation of an amount not to exceed $8,900 for grant from the Loyal Order of the Moose to purchase a new total mapping station 5. Appropriation of an amount not to exceed $6,000 from the Court Community Corrections Alcohol Safety Action Program Y-I 6. Appropriation of an amount not to exceed $550,000 for a grant from the Department of Justice for the hiring of additional police officers 7. Request to appropriate an amount not to exceed $1,420,000 to the major County capital fund 8. Request to appropriate an amount not to exceed $255,000 to CORTRAN for capital expenses FISCAL IMPACT: None, as a result of the public hearing. Requests for appropriations will occur later on this agenda. STAFF RECOMMENDATION: It is recommended that the board hold the required public hearing. Board action appropriating funds as provided in this notice will occur later during this meeting. ACTION NO. E .. \ ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request from the Police Department to accept and appropriate a grant in the amount of $450,000 from the Department of Justice for the hiring of six additional police officers and appropriation of an additional $42,300 in local funds for the purpose of creating an additional patrol district SUBMITTED BY: James R. Lavinder Chief of Police Elmer C. Hodge ¿;/I County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. This grant provides a way to add a new patrol district, which is something we have wanted to do for several years. In addition, it will help improve response times throughout the County. SUMMARY OF INFORMATION: The Roanoke County Police Department has applied for, and received, a grant in the amount of $450,000 for the purpose of hiring six additional police officers. This amount will be received over a three year period. The officers will be used to create an additional patrol district and will also be used to enhance Homeland Security. In order to accept this grant, the County will need to increase the number of police officers by six from 114 to 120. The automobile allocation should also be increased by six. Since there are no funds for vehicles, the Police Department will utilize vehicles that were on the surplus schedule. FISCAL IMPACT: The grant will provide funding for six officers on a declining basis for three years. The first year the County will receive $180,000, year two - $150,000, year three - $120,000. The cost of salary and benefits for each uniform officer is $38,100 annually. In order to fully cover salary and benefits, the Police Department will need an additional $48,600 in year one, $78,600 in year two, and $108,600 in year three. E-I This does not include any funds for uniforms, equipment, or training. The Department will also need $6,000 per officer (or $36,000 per year) to cover daily operating expenses such as the purchase of gasoline, (gasoline alone is averaging $3,800 per officer), uniforms, vehicle maintenance, and other equipment and training. The officers will be hired the first of January 2005 so that they can attend the training academy. Therefore in the 2004-05 fiscal year, the Police Department will need half of the first year local costs outlined above. This totals $24,300 for salary and benefit match and $18,000 for operating expenses. Since the County received an unexpected $150,000 in 599 monies in the 04-05 budget, we request that the additional funds come from these monies. Future year's local costs will be included in the budget process. STAFF RECOMMENDATION: Staff recommends the following: 1. Accept and appropriate the grant funds totaling $450,000 over a three year period 2. Appropriate an additional $42,300 for a half year match for salaries and benefits and additional operating expenses. The source of these funds is an increase in the 599 budget of the same amount 3. Increase the sworn personnel count by six positions to 120 4. Increase the vehicle count of the Police Department by six to 131 ACTION NO. ITEM NO. E-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Resolution adopting a legislative program for the 2005 session of the Virginia General Assembly and petitioning the General Assembly to favorably consider the topics and issues addressed therein Paul M. Mahoney County Attorney SUBMITTED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: This resolution is based upon major legislative issues identified by the Board of Supervisors at its work session on October 26, 2004. It requests the Virginia General Assembly to consider these legislative issues during its 2005 session. STAFF RECOMMENDATION: It is recommended that the Board consider the adoption of a legislative program for the 2005 session of the Virginia General Assembly for Roanoke County. Ë-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 16,2004 RESOLUTION ADOPTING A LEGISLATIVE PROGRAM FOR THE 2005 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 2005 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2005 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 2005 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. Senate Bill 478 (Patron: Edwards) was carried over from the 2004 session to the 2005 session. 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. 1 E-~ 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 the State Code to allow Franklin and Montgomery counties to participate in a regional jail with Roanoke County and the City of Salem. 5) Support additional state funding for transportation, and in particular, funding for improvements to 1-81, and funding for passenger and freight rail improvements. 6) Support legislation to correct the 2004 amendments to the Personal Property Tax Relief actlSB 5005, which in its implementation will cost Roanoke County taxpayers approximately $10 million. 7) Support state funding to implement the Program Improvement Plan (PIP) for the Department of Social Services. 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. 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. 2 E-~ 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 Council; 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. 3 ACTION NO. [-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: November 16, 2004 AGENDA ITEM: Presentation of the results of operations for the fiscal year ended June 30, 2004 and appropriation of funds SUBMITTED BY: Rebecca E. Owens Director of Finance Elmer C. Hodge ~ ff+ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~ ~r--<-- SUMMARY OF INFORMATION: KPMG LLP has completed their audit of the financial operations of the County of Roanoke and the County of Roanoke Schools for the year ended June 30, 2004. The County will receive a favorable opinion. The Comprehensive Annual Financial Report will be going to the printers on November 19, 2004 and will be distributed to the Board of Supervisors as soon as it is received. The Audit Committee met this afternoon to review the results of the year's operations and the management letter comments from the auditors. Results of Operations of the County of Roanoke for the Year Ended June 30, 2004: The County operations for the year ended June 30,2004 resulted in general fund revenues $3,993,953 over budget as shown on Attachment I. The additional revenues collected were primarily from increased tax collections in the areas of real estate, sales, business license, and cellular phone tax. This is attributed to a more positive economic climate. A detailed analysis of the general fund revenues is outlined in Attachment II. 1 £:-3 Fee for Service revenues exceeded budget by $527,115. At the time the Ambulance Fee was approved, these revenues were verbally committed to Fire and Rescue and will need to be appropriated accordingly. Staff recommends appropriating $400,000 for pagers as outlined in the Capital Improvement Plan and the remaining $127,115 to capital for the radio system. This leaves a balance of $3,466,838. In recent months, the School Board and Board of Supervisors have been working on a joint funding policy to provide for a sustainable funding stream to school and county capital improvements in future years. In the near future, staff will be bringing a policy to the Board of Supervisors that designates portions of the year- end balance for major and minor capital projects as well as revisions to the County's Fund Balance Policy. Based upon these policies and Board discussions, staff recommends the following appropriations: . $2,050,000 to be added to the general fund unappropriated balance. This will increase the General Fund Unappropriated Balance from $9,738,285 to $11,788,285 at June 30, 2004 which is 8% of the 2004-2005 General Fund Revenues. No action is required from the Board for these funds to close to the unappropriated balance. . $1,416,838 to be appropriated to the Major County Capital Fund. Departmental expenditure savings were $1,170,570 as shown on Attachment III. From this amount, the Board previously approved at the June 22,2004 funding for the purchase of land from N. Mason in the amount of $250,000 from year end money. Also, as part of the 2004-05 Capital Improvements Plan funding for Vinton Fire and Rescue renovations were approved for $400,000. Of this amount $280,400 is to be appropriated from year end money and the remainder was part of the 2004-05 Capital budget. Based upon the policy for rollover of year end savings the departments were able to request up to 60% of the savings within their own department for special purchases and programs approved by the County Administrator. These approved department rollovers total $406,751 and are outlined in Attachment IV. This leaves a net expenditure savings of $233,419. Based upon the rollover policy this amount will be transferred to the County Capital Fund Unappropriated Balance (Minor County Capital). Results of Ooerations of the Roanoke Countv Schools for the Year Ended June 30. 2004: Attachment V is the report that was presented to the School Board on November 10, 2004. The School Board will take final action to approve this report on December 9. 2004 meeting. The Schools ended the year with a surplus of $3,670,524. Based upon the adopted County budget ordinance, these funds will automatically be transferred to the School Capital Fund. No action is required by the County Board. 2 £-3 STAFF RECOMMENDATION: The Board has previously approved either by policy or board action the above items noted and the only actions required by the Board are to: 1. Appropriate the Fee for Service in excess of budget of $527,115 to Fire and Rescue capital of which $400,000 is for pagers and the remaining $127,115 is for radios. 2. Appropriate $280,400 for the Vinton Fire and Rescue Renovation to capital. 3. Appropriate $1,416,838 to the Major County Capital Fund. 3 County of Roanoke, Virginia Summary of General Operating Fund Revenues For the Year Ended June 30, 2004 Budgeted Revenues Attachment I Actual Revenues Revenues and transfers $ 128,605,524 $ Amount 132,599,477 $ 3,993,953 Excess Fire and Rescue Fees (Required board action for appropriation) ($400,000 for pagers per CIP document and $127,115 for radios) Subtotal of amount available Amount to add to General Fund Unappropriated Balance June 30, 2004 Transfer to Major County Capital Fund (527,115) $ 3,466,838 (2,050,OOO} $ 1,416.838 Page 4 f\1 , W County of Roanoke Attachment II Revenue Summary FY 2003-2004 Revenue Analysis Year to Year % Change Final Unaudited 3/31/04 Surplus FY01to FY02 to FY03 to Actual Budget Surplus' Revenue Net of FY02 FY03 FY04 FY 03-04 FY 03-04 (Deficit) Update Adjustments Revenue Real Estate Taxes 6.1% 6.8% 6.0% $61,066,864 $60,047,500 $1,019,364 $702,500 $316,864 Personal Property Taxes 1.3% 3.6% -1.7% 23,812,984 24,000,000 (187,016) 800,000 ($987,016) Other Property Taxes 0.6% 5.7% 5.0% 3,272,384 3,050,700 221,684 188,800 $32,884 Local Sales Tax -1.2% 5.3% 10.7% 7,152,543 6,375,000 777,543 415,000 $362,543 Utility Consumer Tax 5.0% 0.5% 6.3% 5,008,648 4,775,000 233,648 (25,000) $258,648 Business License Tax 4.7% 8.0% 4.8% 4,835,035 4,400,000 435,035 450,000 ($14,965) Bank Franchise Tax 13.5% -23.5% 3.0% 357,895 475,000 (117,105) (75,000) ($42,105) Motor Vehicle License Tax 2.7% 0.6% 3.1% 1,774,956 1,740,000 34,956 0 $34,956 Recordation and Conveyance Tax -2.0% 9.4% 6.0% 1,275,313 1,160,000 115,313 25,000 $90,313 Hotel/Motel Tax 23.2% -12.6% -0.3% 589,080 683,000 (93,920) (63.000) ($30.920) Meals Tax 3.6% 7.0% 3.2% 2,870,557 2,675,000 195,557 145,000 $50,557 Cellular Phone Tax 4.3% 34.5% 18.6% 1,175,509 780,000 395,509 195,000 $200,509 Other Local Taxes 6.3% -1.7% 6.0% 1,458,091 1,440,000 18,091 (50,000) $68,091 Permits, Fees & Licenses 8.4% -10.3% 19.7% 720,637 669,638 50,999 (13,110) $64,109 Fines and Forfeitures 28.6% -17.6% 16.3% 680,283 639,400 40,883 (40,200) $81,083 Use of Money and Property -50.2% -49.7% 5.8% 361,512 704,600 (343,088) (300,700) ($42,388) Charges for Services 41.9% 30.1% 21.9% 943,724 764,736 178,988 85,900 $93,088 Miscellaneous Revenue 6.1% -8.3% 26.1% 825,817 690,045 135,772 5,500 $130,272 Recovered Costs -6.9% -19.2% 4.1% 84,606 104,822 (20,216) (37,476) $17,260 Commonwealth -7.6% 3.7% -4.4% 8,368,956 7,994,115 374,841 51,510 $323,331 Federal 5.8% -1.7% 38.9% 3,893,382 3,893,382 0 50,000 ($50,000) Rescue Fees (Implemented 12/01) 151.2% 21.1% 1,697,115 1,170,000 527,115 0 $527,115 Total Revenue 3.4% 5.8% 4.9% $132,225,891 $128,231,938 $3,993,953 $2,509,724 $1,484,229 Transfer From Other Funds 373,586 373,586 0 0 0 Grand Total $132,599,477 $128,605,524 $3,993,953 $2,509,724 $1,484,229 Less: Fee for Service (Rescue Fees) 1,697,115 1,170,000 527,115 0 $527,115 Grand Total excluding Rescue Fees $130,902,362 $127,435,524 $3,466,838 $2,509,724 $957,114 f't1 \ vJ Page 5 County of Roanoke, Virginia Summary of General Operating Fund Expenditures For the Year Ended June 30,2004 Budgeted ExQenditures Expenditures, encumbrances, and transfers $ 133,685,099 $ Approved based on rollover policy: Departmental rollover per policy Previously approved items: Vinton Fire and Rescue Renovation per CIP document (Requires board action for appropriation) land Purchase from N. Mason approved at 6/22/2004 meeting Transfer to Minor County Capital Fund Attachment III Actual Expenditures Amount 132,514,529 $ 1,170,570 (406,751 ) (280,400) (250,000) $ 233,419 Page 6 ,-r. \ \"'v Department FYO4 to FYO5 Department Rollover Requests Need Attachment IV £-'3 Dept Request $ 6,125 13,729 2,607 177 25,010 912 9,953 8,570 1,200 5,739 50,000 22,690 72,690 37,000 51,000 70,000 44,141 202,141 1,508 5,518 1,000 1,700 12,000 10,000 30,218 9,666 2,000 14,505 Economic Development Commissioner of Revenue Clerk Circuit Court J&D Court Real Estate Evaluation CFO Finance - Central Acctg Finance - Payroll Management & Budget Finance - Purchasing Community Development Community Development General Services General Services General Services General Services Assist Co. Admin - HS Parks & Rec Parks & Rec Parks & Rec Parks & Rec Parks & Rec Social Services VPI Extention Elections Upgrade/replace PCs Replace carpet and printers Remodel on-site file storage; Purchase file system 2 new bins for pending cases Vehicle/equipment replacement 100% to Update Printer Personal Computers & Printers Personal Computers Computer and Printers Personal Computers Consultant fees for Comp Plan Update 9 laptops and software for inspectors / HP Integration Phase I Community Development Subtotal Trusses at Court Svcs Building Paving Guy House Parking Lot Three pickup trucks for Solid Waste Above ground lifts for garage General SeNiees Subtotal 100% for Computer PCs Therapeutic Rec Equipment Camp Roanoke Equipment Craig Ave Rec Center fitness equipment New server for CLASS System Parks & Ree Subtotal Future purchase of Easy Filer System Sister City Program non-reoccurring expenses Update storage space in Salem Bank bldg for new voting equip (more outlets. computer lines. shelves) / office furn Total Departmental Rollover Requests $ 406,751 Page 7 Attachment V E-- 3 ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE COUN1Y SCHOOL BOARD OF ROANOKE COUN1Y, VIRGINIA HELD AT THE ROANOKE COUN1Y SCHOOLS ADMINISTRATION BUILDING MEETING DATE: November 10, 2004 AGENDA ITEM: Request for Appropriation of Final Y ear- End Balance ttom School Operations for Fiscal Year Ended June 30, 2004 BACKGROUND: As a result of year-end operations, actual revenue received exceeded budgeted revenue by $1,706,378 (or 1.56%), while under-expenditures in the major spending categories accounted for $1,963,846 (or 1.79%) of the year-end balance (Attachment A). The additional revenues collected were primarily due to the higher than anticipated enrollment for the school year. The March 31, 2004 enrollment (14,279) used for state funding was 341 students higher than budgeted (13,938). This increase was the largest increase in enrollment experienced in the last 10 years. See Attachment B for a comparison of FY03-04 enrollment to prior years. Under-expenditures were attributable primarily to savings in the personnel budget ($1.3 million). Over $500,000 of savings resulted ttom lower payouts of accrued leave and severance pay to tenninating employees this year and the lower retirement rate for non-professional employees yielded a $220,000 savings. As noted in the finalized audit for fiscal year 2003-04, the year-end fund balance for school operations is $3,670,524 less outstanding encumbrances of $32,41 1 and band unifonn rollovers of $20,000, for a net of$3,618,113. The budget ordinance adopted by the Board of Supervisors on June 8,2004 indicated "that all school fund appropriations remaining at the end of the 2003-04 fiscal year not lapse but shall be appropriated to the School Capital hnprovements Fund in fiscal year 2004-05." SUMMARY OF INFORMA nON: Historically, the School Board has asked staff to identify and prioritize capital needs to be considered for funding with the year-end balance. Last year, the School Board designated the year-end balance to fund the second year of the laptop initiative for FY04-05, replenish the bus fund, stadium lighting, and pool cars for out of town travel. In recent months, the School Board and Board of Supervisors have been working on ajoint funding policy to provide for a sustainable funding stream for school and county capital improvements in future years. In the near future, staff will be bringing a policy to the School Board that designates portions of the year-end balance for major and minor capital projects. Consequently, staff is recommending the following appropriations: Minor Capital Funds . $17,515 for the purchase of new/used pool cars primarily for out of town travel. This amount represents the unspent mileage funds remaining in the departmental budgets at year- 8 Attachment V t~3 . end. $23,500 for replacement of the warehouse forklift which will be moved to the textbook operations (to replace that forklift). $70,000 for one new distance learning lab at Cave Spring Middle. $888,985 remaining balance allocated to minor capital projects to be approved by the School Board at a later date per the pending year-end fund balance policy (including new filing system in Personnel Office subject to bid). . . Maim Capital Funds . $2,618,113 reserved for major capital projects in the approved School Capital Improvement Plan per the pending year-end balance fund policy. Other Capital Funds . $1,276,139 for expanding the Laptop Initiative into the 11th grade during FY05-06. These funds would be allocated from prior year-end balances reserved by the School Board and available for capital spending. This funding would be used in conjunction with grant funding and $200,000 in baseline funding to begin to build a recurring revenue stream for sustaining the laptop program in future years. Attachment C outlines the recommendations and the reservation of prior year balances still available to the School Board. STAFF RECOMMENDA nON: Staff recommends appropriation of the fiscal year 2003-04 year-end balance of$3,670,524 and the $1,276,139 from previous year-end balances per Attachment C. An infonnational report will be forwarded to the Board of Supervisors and the year-end funds will be placed in the School Capital Fund per the approved budget ordinance. SUBMITTED BY: Penny A. Hodge, CPA Director of Budget & Finance Approved Denied Received Referred To Motion by No Yes Abs () () () () () Barrineau Canada Irvin Roark Stovall 9 Ë-3 Attachment A Roanoke County Schools Year-End Balance for FY 2003-04 Unaudited Budget Year to Date Dollar Percentage 2003-04 Actuals Difference of Budget Revenues: State Revenue 48,027,129 49,673,994 1,646,865 103.43% Federal Revenue 204,259 252,946 48,687 123.84% Tuition, Rent & Interest 573,956 585,082 11,126 101.94% Transfer from County 55,740,339 55,740,339 0 100.00% Transfer from CPMT 799,000 799,000 0 100.00% Transfer from Alternative Sch 55,220 55,220 0 100.00% Beginning Balance 4,190,156 4,190,156 0 100.00% Total Revenue 109,590,059 111,296,737 1,706,678 101.56% Expenditures: 70 School Board 168,917 162,057 6,860 95.94% 71 School Superintendent 254,633 150,284 104,349 59.02% 72 Budget & Finance 9,598,636 9,456,685 141,951 98.52% 73 Instructional Personnel 65,869,722 65,417,950 451,772 99.31 % 74 Transportation 1.042,632 1 ,052,273 (9,641) 100.92% 75 Facilities & Operations 3.688,380 3,656,514 31,866 99.14% 76 Administrative Personnel 7,423,333 7,008,854 414.479 94.42% 77 Summer School 398,013 373,548 24.465 93.85% 78 Community Relations 46,900 38,376 8,524 81.83% 79 Instruction 645,022 593,967 51,055 92.08% 80 Deputy Superintendent 1,025,061 974,927 50,134 95.11 % 81 Remediation & Testing 102,735 80,344 22,391 78.21 % 82 Career & Technical Education 420,115 416,390 3,725 99.11 % 83 Pupil Personnel Services 2,085,587 1,992,648 92,939 95.54% 85 Staff Development 70,302 52,793 17,509 75.09% 86 Guidance 328,722 325,971 2,751 99.16% 87 Media Services 868,721 868,623 98 99.99% 88 Pupil Assignment 104,741 101,282 3.459 96.70% 89 Classified Personnel 15,298,324 14,837,895 460.429 96.99% 90 Adult Education 149,563 64,832 84,731 43.35% Total Expenditures 109,590,059 107,626,213 1,963,846 98.21 % 0 3,670,524 Less: Outstanding PO's (32.411) Balance at June 30, 2004 3,638,113 Page 10 13--3 Attachment B Average Daily Membership Attendance Months 1994-95 1995-96 1996-97 1997-98 1998-99 1999-2000 2000-01 2001-02 2002-03 2003-04 September 13,691 13,753 13,881 13,956 13,875 13,852 13,871 13,911 14.094 14,385 October 13,691 13,779 13,923 13,954 13,854 13,840 13,844 13,943 14,125 14,347 November 13,672 13,757 13,896 13,924 13,861 13.843 13.886 13,938 14,138 14,376 December 13,652 13,754 13,892 13,932 13,868 13,834 13,824 13,941 14,167 14,394 January 13,648 13,767 13,874 13,921 13.837 13.851 13,843 13,937 14,155 14,400 February 13,606 13,817 13,883 13,889 13,795 13,840 13,835 13,910 14,141 14,385 March 13,613 13,816 13,886 13,857 13,782 13.843 13.803 13,905 14.130 14,385 Gain (loss) since Sept (78) 63 5 (99) (93) (9) (68) (6) 36 0 March ADM 13,652 13,721 13,863 13,898 13,862 13.856 13,865 13,930 14,127 14,279 Budget ADM 13,600 13,650 13,776 13,950 13,950 13,825 13,825 13,825 13,830 13,938 Over (under) budget 52 71 87 (52) (88) 31 40 105 297 341 Over (under) prior year N/A 69 142 35 (36) (6) 9 65 197 152 NOTE: The above figures do not include Regional School students. The table and graph reflect variances in Average Daily Membership (ADM) between September and March 30. State revenue is driven primarily by ADM as of March 30 of each year. This graph shows the fluctuating student enrollments in previous years. Enrollment Growth: Enrollment growth of 627 students (or 3%) from 94.95 to 03-04 with 414 in past 3 years. Change in Enrollment March 30 ADM 14,200 14,100 14,000 13,900 13,800 13,700 13,600 13,500 ~~ó:;-,*,~§'~&~~ ¿f J;5 J,~ 6:! 8f g¡ r§ ~ & ~ Year Page 11 E-3 Attachment C Roanoke County Schools Staff Recommendations Year-End Balance for FY 2003-04 FY03-04 Prior Years Total Sources: Prior year-end balances in reserve FY03-04 year-end balance Balance Available for Appropriation 1,276,139 1,276.139 3,670,524 4,946,663 3,670,524 3,670,524 1,276,139 Recommended Uses: Outstanding encumbrances Reserve for music uniform rollover Reserve for future capital various (32,411) (32,411) 792030-6324 (20,000) (20,000) 3,618,113 1,276,139 4,894,252 xxxxxx-5501 (17,515) (17,515) (23,500) (23,500) (70,000) (70,000) - (1,276,139) (1,276,139) (111,015) (1,276,139) (1,387,154) 3,507,098 0 3,507,098 Minor Capital Projects: Replace pool cars with excess mileage budget Replace fork lift Distance learning lab at CSM Laptop initiative - 11th grade Filing system for Personnel (future request) Recommended Minor Capital Uses Year-End Fund Balance Allocation per pendina policy Major Minor Total 2,618,113 1,000,000 3,618,113 (111,015) (111,015) 2,618,113 888,985 3,507,098 Page 12 Allocation of FY03-04 Year-End Fund Balance Pending minor capital projects above Major & Minor Capital Reserves ACTION NO. L\-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: November 16, 2004 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances - consent agenda SUBMITTED BY: Janet Scheid Chief Planner Elmer C. Hodge a..-, ~~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: 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 December 21 , 2004. The titles of these ordinances are as follows: 1. The petition of Nextel Partners, Inc., to obtain a special use permit to construct a 199 ft. broadcast tower located at 432 Bandy Drive near Windy Gap Mountain, Vinton Magisterial District. 2. The petition of Seaside Heights, LLC, to rezone .98 acres from C1 Office District to C-2 General Commercial District, and to obtain a special use permit on 2.22 acres for the operation of a fast food restaurant and drive-thru located at the intersections of Brambleton Avenue, Colonial Avenue and Merriman Road, Cave Spring Magisterial District. 1 (/-3 3. First reading of an ordinance to rezone 158.657 acres from AR Agricultural Residential District to AG-1 Agricultural District for the development of single family housing located at 6944 Bent Mountain Road and Bergenblick Lane, Windsor Hills Magisterial District, upon the petition of Vaughn & Jackson, LLC. Withdrawn at the reQuest of the petitioner. Maps are attached. More detailed information is available in the Clerk's Office. 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 December 21.2004. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1-3, 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 0 ~I County of Roanoke Community Development Planning & Zoning For Staff Use Only Date received: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 ?]acards issued: Rtceived by: ,"""',' "'.'., ..' ,-.. ..., ....., . ':'~\"',(Ji~':;iñ,'-;",:,":";':-'-\"'--' :,~dp.É1C)f:N:TS -","',"';,..; "'c';.,.:..',;;;'.", ,':.:,:' ,. Case Nwnber 3 1 - \ , --0 .,... ,-- ....'. . , . ..,. Check type of application filed (check all that apply) 0 Rezoning KSpecial Use 0 Variance 0 Waiver 0 Administrative Appeal Applicants name/address wlzip Ne)(~t\ PM~~"S I W. RÞ'AI"\okt. 11,4 ,fl"¡ot$ S"JIS" 8e.rnAr'é [:)t'. S...i~e. ZOO Cot\+~+: f\k+e ~llcwJ Phone: 757-3t6- 81/;10 Work: Cell #: Fax No.: 5"40 - 72 S ~ £/'150 Owner's name/address wjzip U"!A .s~ ~u~l,/e '43'- ßo",Ay bf'. ~NJt. VA ~4to' Property Location Phone #: -z;-'t.:Y - Lf }.. 7 - ;;.. 0 s>C¡ Work: Fax No. #: ~ 3~ ~Lt\Åy ~r. CommUDity Planning area; ViIJIbN . (\A.\-. D{~Q.1'G'--. t-- ~ Magisterial District: Tax Map No.: {,- 71/.:1. (F(ø.nkl:-, C",,) Existing Zoning: A'-3 Size of parcel(s): Acres: II. '15" Existing Land Use: Re.~i JeW'.\1L\, tJooded iii,~~iii~~;o$i~.9.W: [J$~'~ß.tt#tt.~:!t~~,t1~i4l~~:ç~:1~tm. ..,.~~~'_.....,.,_._~.,.,-"._..._._...,....__.__.,_._...,,. Proposed ZoDing: A Go- 3 Proposed Land Use; Þ v-v C4 ~-t ThCA.I V ~ the parcel meet the minimum lOt area, width, and frontage requirements of the requested district? QSJ No IF NO, A VARIANCE IS REQUIRED FIRST, Does the parcel meet the minimum criteria for the requested Use Type? ~ No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No ;i:':~imJúi~~,;.:~~~; ~.,#?¥imii~fi~M.~~~~~~Þiüiiii#J~J~',,~;_:,.~-;: .: .,-~'~".:-:~ ,..-.""c:,'_:- ..~.:~,-~.:~,-,:.. _.:.,:,~.., VarianceIWaiver of Section(s) of the Roanoke County ZoDing Ordinance j¡¡ order to: Appeal of Zoning Administrator's decision to AppeaJ of Interpretation of Section(s): Appeal of Interpretation of Zoning Map to of the Roanoke County ZoDing Ordinance Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RlSfW V/AA Rlsrw VIM m' Consultation - g 1/2' x 11' concept plan . Application '/t- Metes and bounds description Justification A- Water and sewer applic:ation I hereby certify that I am either the owner of the rap or the 0 e s a or co consent of the owner. t;ttJST.ìFI.C¡\~ON FOR REZÖNING, SP~dL:\$ V~"~~~T'ÖttW~'REq~~1J "",.,.,.,., """,. , ","._"'"--",,,',, ",,"" .""""",.~,-",.,,-.,- (-I ". ,,-- '" '. " Applicant N e..¡t ~t \ Po.l~...tts. ~. , The Planning Commission win study rezoning, special use permit or waiver requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as po~sible. Use additiona] space if necessary. Set. A~c}..~d SPeG~A.\ l)~ ~scf.P.J10V\ (5ed~cl'\ ~) Please explain how the request furthers the purposes of the Roanoke County OrdiIIance as well as the purpose found at the beginDing of the applicable zoning district classification in the Zoning Ordillance. , ' Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the SUITounding area, as well as the impacts 011 public services and facilities, including water/sewer, roads, schools, parkslrecreation and fire and rescue. I ~"ö~~~;~~#.;P.L ANCHEC ~IST . -." ..; --""---... -_:. ....-.........,-... ...... r\ I A concept plan of !he 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 i>sues arising from the request. In such cases involving rezomngs, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct aDY deficiencies that may not be ma.Dageable by County pennitring regulatioDS. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuan:e of a building pennit. Site plan and buiJding permit procedures ensure compliance with State and County development regulations and may require changes to the initial coI1cept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variaDce, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezonmg, special use perInit, waiver and variance applícations. 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 Plamring Division. staff may exempt some of the items or suggest the addition of extra items, but the following are considered minllnum: ALL APPLICANTS L a. Applicant name and name of development ')( b. Date, scale and north arrow ~ c. Lot size in acres or square feet and dimensions .X d. Location, names of OWDers and Roanoke County tax map numbers of adjoirLing properties Li. 1 j. Physical features 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 h~igbts Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development Dimensions and locatioDS of all driveways, parking spaces aDd loading spaces >'- e. L f. x g. - 'X. h. Additiontll information required for REZONING and SPECIAL USE PEPMlT APPLICANTS -y.. k. Existing utilities (water. sewer, storm drains) and connections at the site X 1. AIly driveways, entrances/exits, curb openings and crossovers X ffi. Topography map in a suitable scale and contour intervals X n. Approximate street grades and site distances at illtersections )( o. Locations of all adjacent fire hydr311ts Ñ/A p. AI1y proffered conditions at the site and how they are addressed tJ/A q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. ~~~kan~M ~ } ~~ ~ Date hi f-I Applicant Name: Ne.}(.tL-\ Pc...)...VltIf"S Consultant Staff Member: D BROADCASTING TOWERS AND ASSOCIATED ANTENNA PERMITTED BY RIGHT: . New and replacement broadcasting towers and associated antenna not exceeding thirty (30) feet in height and located within any commercial or industrial zoning district provided: a) the proposed tower is a monopole type design: b) the general area of the proposed tower is cUlTently served by above ground utilities including electric power and telephone poles: and c) an other use and design standards for the construction of the broadcasting tower and associated facilities are met. . Antennas may be installed on any existing structure within the County provided said antenna does not meet the definition ofa broadcasting tower, does not increase the height of the existing structure more than ten (10) feet, and does not result in the structure and antenna exceeding the maximum structure height for that zoning district. . Tem orary towers erected for a eriod not to exceed twenty-one da s. The following information shall be required as part ofthe Special Use Permit for a Broadcast Tower in addition to standard application requirements. Proposed Site Qualities UtiJities that are currently present on site: YC>NPY'" Utilities required that are not currently present on site: - ll~ +:'1' - Expected route oflinkage: ê-v¡" 1""- t.. t- fÌ;> -l1C1..,h n I} Ý::-'-VI cC' V 0(-; 1 ('[-(/11 U -' Estimated noise level in decibels: I\¿ £',Lí , ~ e. ~ Broadcast Tower Structure Type: œl Monopole 0 Lattice Tower 0 Guyed Tower 0 Stealth Design (description) 0 Other (description) Proposed height of tower excluding antenna: Vi t"1 . Existing height of sUITounding tree canopy and/or buildings: À-r>ÿtvY. tiC) I' Construction material and finish of tower: Specific tower location Material: -s~;;,...¿..1 Finish:(:,tlAloWl"lt>f1 Longitude:1q 055' 1':11 Latitude: Ji1 0.2. ' 2.;' Ground Elevation in mean sea level of the proposed tower site: I , Is 5c; . ,,-, >1- Tower has structural ability to accommodate: DOne DTwo IR Three other providers. Tvpes(s) of Antenna or Other Devices Attached to Tower 0 Omni-Directional Antenna ~Directional Panel 0 Parabolic Antenna 0 Whip Antenna 0 Other Material and finish ofthe proposed antenna(s). Dimensions of Antenna(s)-height/widthldepth Material: A(¡"'l.WliV\tAw, tH¡¡'i Finish: Nvo'¡, '2¿¡:{n-+\V"~ q[..s'( I ¡¡.w,;- I b.¿(( 1 The following information must be submitted separately in either a written or mapped format. r- , rø Information on how the proposed site relates to the applicant's existing communication system including number of other sites within the Roanoke ValJey, and the location of the antenna at each site. fiZ(' A map designating the specific coverage area(s) desired with any overflow areas denoted separately. Iïf A list, with a map, of all the alternative sites considered or evaluated to serve the area of this proposed tower, including other existing tower sites in the vicinity. This should include any co-locations considered and the specific technical, legal or other reasons the other site(s) were rejected. ISZf Provide conceptual site plan drawn to scale, depicting the location of support structures, equipment enclosures, landscaped areas, fences, lighting, access, limits of disturbed land, average slope of the site, ownership and use of adjoining properties, etc. œ(Provide accurate, to scale, photographic simulations showing the relationship of the proposed broadcast tower and associated antenna to the surroundings. Photographic simulations should include the relationships of any new or modified road or utility corridors necessary to serve the proposed broadcast tower site. ~vide computerized terrain analysis showing the visibility of the proposed broadcast tower and antenna at the requested height and location. Ifnew or modified road, access or utility corridors are proposed, the terrain analysis shall also show the visibility of these new or modified features. E:t Provide detail sheet for broadcast tower structure. [3JIProvide an accurate description and photograph of the proposed tower structure, including antenna. rsf Provide detail sheet of any antenna or devises attached to tower including electrical and mechanical specifications for antenna systems. Notes: 'l'4v'~ (tÌ/~( J;J f~:""j : ¡) -{ l4 -CV, ~ '- c. ~ t~ t.:.~ '1 0\- { o( >- ---(v L-( ~ b '1 UV~I -flvz. 1rl1C)<.V~ w-uk ~ IZfI -i-f, ~ e l-r~ fiø., ~ ( ttA--,'j¡.f (-.) /.i &-y1 ¡.v!--e. I hereby certify that: . All required submittals to the FAA, as required by Zoning Ordinance Section 30-87-2D.6, have been submitted. A required on-site balloon or comparable test will be performed on the dates of lX.{ , 1 ,kÖ.:.tor the Planning Commission public hearing scheduled for iX.c. - l i ].15{ J and on the dates of . - 1)¿.(".. ;.( I 1-J'J..r for the Board of Supervisors public hearing scheduled for tk-¿. ') I , J..1}~t.f 1, the applicant, shall be responsibleJor allfees associated with thefiling oJthe application, including the reasonable cost oj any independent analysis deemed necessary by the County to verify the need for the new broadcast tower. . . Signature: f' dtf. Date: [-0 ( 7 1'5 { Ii if 2 f~ , APPLICATION FOR SPECIAL USE PERMIT Nextel Partners, Inc. Wireless Communications Facility Windy Gap I. LETTER OF APPLICATION a. Proposed Us.e of the Property. Nextel PartnE!rS, Inc. is requesting a Special Use Permit for the purpose of installing a wireless communications facility (WCF) within a 50' x 100' leased area located in the southwest corner of the parent tract containing 11.95 acres. The subject parcel is located at 432 Bandy Drive, Hardy, Roanoke County, Virginia, approximately 1,200 feet west of Highway 116 with a tax map number of 6-74.2 (See Figure 4). The parent parcel is zoned AG-3 (Agricultural-See Figure 5) with the existing land use primarily wooded and undeveloped except for one residence located approximately 650 feet to the northeast and Bandy Drive to the east running along the border of the parent tract. The parcel straddles the Roanoke and Franklin County border with' Nextel's leased area on the Roanoke County side. The proposed WCF is located at an elevation of 1,659' AMSL with 8-25 percent slopes that are moderately steep to steep (See Figure 3). The proposed WCF will contain a 195 foot monopole with twelve (12), 8 foot panel type antennas mounted at the top. At the base of the tower, a 10'(w) x 20'(f) x 10'(h) equipment shelter will sit on a concrete pad the same length and width (See Zoning Drawings). Coaxial cables running from the equipment shelter will rul1 up the inside of the monopole to the panel antennas at the top. A six foot higl1 chain link fence will surround Nextel's shelter and monopole for security purpl)ses. Power and telephones lines will be pulled approximately 100 feet from Bandy Drive up to the site. From Rocky Mount take Highway 40 east until Highway 122 (Booker T. Washington Hwy). Turn left on Highway 122 heading north until Burnt Chimney. Turn left on Highway 116 (Jubal Early Hwy) heading north and continue on to Windy Gap (See Figure 2). Turn left at 432 Bandy Drive heading west on the gravel road. At the next right, turn heading north up the gravel road. Approximately 580 feet before the residence, turn left up a dirt path to an opl~n area. The site is directly ahead on a dirt path (See Figure 1). It is Nextel's policy to provide collocation opportunities to other carriers and county departments as long as the design and engineering can accommodate such request:s. In this case, it may be possible for 2 to 3 other carriers to collocate on this monopole. Mr. Bill Agee of the Franklin County Emergency 911 Department mentioned that many county fire, police, and emergency crews carry f'lextel phones as a backup to county radios and coverage in the Special Use Permit Application Roanoke County, VA October 22, 2004 F-l HardylWindy Gap area would be essential not just for Nextel but for Franklin/Roanoke county as well. b. Effect of the changes on the Surrounding Area. The proposetj wireless communications facility will be located in a heavily wooded area on a parcel that is primarily undeveloped and of course, some trees will need to be cleared within the leased area. The size and scale of the proposed development is relatively small in comparison to the size of the parent parcel. The equipment shelter and monopole will not significantly affect storm water runoff or create soil erosion issues. The proposed WCF was strategically planned in a location that would not adversely impact surrounding view-planes. There are no known historic resources located on the subject parcel and no known endangered species or vegetation. Apart from the removal of a few trees, no significant impacts are anticipated on the subject parcel or surrounding area. c. Reason for the Request. As Nextel's customer base grows, so does the need for expanded coverage. In order for N'3xtel to be competitive and satisfy customer demand, Nextel must be continually expanding coverage areas. In this case, coverage along Highway 116 from Vinton to Red Valley is sparse at best (See Figure 6). With the proposed facility, road and in-building coverage will be significantly increased from southeast Vinton to Windy Gap Estates, hence the request for a Special Use Permit (See Figure 7). II. Justification for Re¡¡:onina. Special Use or Waiver Reauest 1. Please explain how the request furthers the purposes of the Roanoke County Ordinance as WEt II as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance The intent of SecUon 30-87-2 is to regulate the placement of new broadcasting towers within Roélnoke County. Whenever possible, carriers are encouraged to co- locate antennas on existing structures with request for new towers when no other reasonable location is available. In addition, it is the intent of the ordinance to require engineering documentation which proves the structure meets all the required standards of the ordinance. Nextel has provia'ed engineering drawings which show the proposed tower meets all the required sHtbacks for telecommunication structures as well as the setbacks for principal structures in the AG-3 zoning district classifications. Nextel has also provided a third party engineering review which concluded we meet all of the engineering specifications of the Roanoke County zoning ordinance. Nextel Partners, Inc. 2 Windy Gap-VA178P Special Use Permit Application Roanoke County, VA October 22, 2004 r- ~ 2. Please explain how the project conforms to the general guidelines and policies containled in the Roanoke County Community Plan The Roanoke County Community Plan was developed as a blueprint for the future growth and development of the county over the next 10-15 years. A major force behind the plan has been to identify and protect scenic view sheds as well as its natural resources. I I [ [ t I I ¡ ¡ ¡ , i , t , , I t Ê t ¡ I I Many times telecommunication structures have been located in areas which disturb the natural scenic view sheds of many important local resources. Nextel has identified a location which meets their current engineering needs as well as protecting the nBtural beauty of the region. Since the area has many elevation changes becausH of the Blue Ridge Mountains, the proposed tower will only be seen from a selE'ct few locations. This can be documented from a balloon test which was conducted at the proposed location simulating the 195 foot tower and as expected, the proposed location of the tower mitigates any visual impacts along Highway 116 and most surrounding areas (See Figures 12-25). The essential character of the (~xisting region will not be significantly impacted by the proposed use. 3. Please describe the impact(s) of the request on the property itself, the adjoining propel1ies, and the surrounding area, as well as the impacts on public services and facilities, including waterlsewer, parkslrecreations and fire and rescue. The impact of the proposed facility on the property will be very minimal. Nextel has leased only a 50' by 100' area on the 11.95 acre, with very little tree clearing required for the félcílíty. Nextel will utílíze the existing private entrance road (Bandy Drive) off of Highway 116 and will not be required to build any new road to access the facílíty. Any impact on thH adjacent properties will be very minimal since the nearest adjacent residential residence is approximately 800' away, with existing wooded property in between. Since only a minimal amount of trees wíll need to be removed for the f3Cility, the existing buffer will help to shield the ground equipment as well as a large portion of the tower. The facílíty operates on only power and telephone conneGtions and is unmanned, therefore not impacting any public services or facilities. In fact, since most police, fire and rescue crews use Nextel service as back up to their own communication system, the facílíty will only enhance safety in the area. III. REQUEST FOR APPROVAL i ! I r i r; The proposed wireless communications facility meets the criteria of the Special Use Permit Application and Zoning Ordinance and furthers the policies of the COmmunityuThe general health, safety and welfare of the community has been considered in the proposed design and location of the WCF. Nextel Partners, Inc. humbly requests approval of the Special Use Permit Application in regards to the proposed development. Nextel Partners, Inc. 3 Windy Gap-VA178P QI nunt1J nf ~nannk£ !) 0-11 i J .¡1o Ilb-Jj f~ I PAUL M. MAHONEY COUNTY A ITORNEY OFFICE OF THE COUNTY A ITORNEY P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2089 JOSEPH B. OBENSHAIN SENIOR ASSISTANT COUNTY A ITORNEY VICKIE L. HUFFMAN SENIOR ASSIST ANT COUNTY A ITORNEY (540) 772.2007 October 13, 2004 (540) 772-2071 James Jefferson, Esq. 5 East Court Street, Suite 101 Rocky Mount, V A 24151 Re: Nextel Partners, Inc. Dear Mr. Jefferson: This letter will confirm a telephone conference held on October 13, 2004, between you, Jay Carter, David Holladay, and me concerning the proposal by Nextel Partners, Inc. to erect a 199-foot cell tower and equipment shelter on a 5,OOO-square foot portion of an 11.95-acre tract owned by Linda Sue Perdue (Franklin County Tax Map No. 6-74.2). Nextel filed an application for zoning approval for this tower with Franklin County in August of 2004. A question has arisen with respect to the proper application of zoning power and authority to this application, since it appears that the proposed location of this tower may be in Roanoke County. Upon further review, Franklin County officials have determined that a large portion of this parcel is located in Roanoke County. Both Franklin County and Roanoke County officials have reviewed topographical maps of this area and have determined that the proper location of the boundary line between the counties is along the ridgeline. This determination results in the conclusion that the proposed location of this cell tower and equipment shelter is in Roanoke County. Mr. Jefferson will review this matter with the Commissioner of the Revenue for Franklin County and 1 will provide a copy of this letter to the Commissioner of the Revenue for Roanoke County so that these officials may take appropriate action with respect to this parcel. James Jefferson, Esq. Page Two October 13,2004 Mr. Holladay will inform the representatives of Nextel of this determination and recommend that it file the necessary zoning application for approval of this cell tower by the Roanoke County Board of Supervisors. Further review by Franklin County officials will be necessary to determine the exact location of Ms. Perdue's house on tlùs parcel. This review will have an effect on such issues as school attendance and voting registration. I trust that this letter accurately reflects the discussion of the parties. Very truly yours, ~~ "{V\ ,y{\~ Paul M. Mahoney ~ County Attorney Ò PMMfsb C: David Holladay Nancy Horn (- - \ -.. ""","^,.CI.'..r:'::::~-D ToøoQua"" <!D. DaT. copyrIghT of conTon< o_nor. . '--t' ; .-----:. "v. ", ~"""'--;,; r Topographic Map & Terrain Analysis Special Use Permit Application County, VA t;\ NEXTEL ~ ParlnerSJiNC Wireless Communications Facility Windy Gap - VA 178P * = Visible Location Roanoke ,...\ ". TK * u.. ' " a.O"W 'I I ! <- . C----~-, L..----,,-"\ '\\ f/ I \\', r Site Photos 1-6 Map Key 9. N~~[";fCE:~ Special Use Permit Application ~ PartnerSJ!'M:;; County, VA Wireless Communications Facility Roa,1Oke Windy Gap - VA178P , '. r-= ..~ County of Roanoke Community Developmént Planning & Zoning For Staff Use Only Date received: Placards isrued: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 újßi~r.~içi#.rs . Caxe Number Check type of application fiJed (check all that apply) KJ Rezoning 0 Special Use 0 VariaDce I Applicants name/address w ZIp Seaside Heights, LUC CJ:M':G. Cå\..ra r cl. A "1.. ll, 3 . lLolo.'J { {,..'- C. I ,>-f~ 5'9 6Ð e"i t!- r-..t/..--. íZ-J E P..o~ICe.. v:A -:z..t.-/Ð{? sq. 0 Waiver SY!! olfr 1- Phone: Work: Cell #: Fax No.: 0 Administrative App~ 5'"5 7 - t I q?( ~a nS-818i1 Owner's name/address w/zi '1 ( ;J....:! ~a. ~-rl- -c.r (2...:1 Phone #; .> ~ 7 - ,( '1/ Seaside Heights, u..c G-¿Lt:n E-r.s ~./7 {'Ii. b Work: 540 72S-HßO aNTACT: £..Jnørçl A. flatt, Esq. ~O¡Î'( FaxNo.#;5-lI@ ì71 99'61 . 018 5.!LO-17!J -'HH~ 1 Property Location Intersection of Brambleton Avenue, Colonial Avenue and I'krriman Road Magisterial District: Cave Spr i ng Community Planning area: Cave Spr i ng T~f111b~o;fOS~~ ~SŠ~~3~~~ ~ ~ 1 and ~. ~ '? ð Size of parcel(s); Acres: ~ Existing Zoning: C-l Existing Land Use: Vacant :-"":'":~.tP1~~.~r~çI# r;rSjf fß!W-t~~\1t~~.~~~~~t*jJtm. ...:-:_......,......_,~.... ...".'---.......----...."-...,.. food restaurant w/drive-thru.& 6600 sq ft retai I space D s the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No IF NOt A VAlUANCE IS REQumED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? ~ IF NOt A VARIANCE IS REQUIRED FIRST If rezoIDng request, are conditions being proffered with this request? Yes ~ ;~i~~~.:~~B' ÂNP::@}fw.l§ijJt~M~~;~i~l_i_~~il~;.~'.;':..'."".. ., .,:~~..:..;~:~ .,..'~..,:.:.~.'~: .~~~: ;.~,~~~,','..~.:.:,~.~. No VariancelWaiver of Sec'Ôon(s) of the Roanoke County ZoDÍn.g Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of lDterpretation of Sec'Ôon(s): Appeal of lDterpretation of Zoning Map to of me RoaIloke County ZOIDng OrdÌllallce Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RlSIW V/AA RlSfW V/AA RJSIW VIM êE Consultation E§i 8 1/2" x 11" concept plan ~ Application fee Applicadon Metes and bounds description Proffers, if applicable Justification WatJ;r and sewer application Adjoining property owners I hereby certify that I am ej!ber !be owner.Df the wn~gent or conJract purchaser and am acting with the knowJedge aDd' consent of the owner. SEAS , Owner'~ Signature r-~ JUSTIFICATION FOR REZONING OR SPECIAL USE PERMIT REQUEST Applicant SEASIDE HEIGHTS, LLC The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general wefar~. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The purpose of the C-2 District is to provide for a variety of commercial and service-related activities within the urban service area serving the community of several neigh!:lorhoods or large areas of the County. These commercial districts are generally found along maj.' - " ¡ " thoroughfares which serve large segments of the County population. The use as a mixed retail anu restaurant meets these criterions and those uses are specifically permitted within the County's Zoning Ordinance and within the County Comprehensive Plan. Retail uses are specifically allowed by right and the restaurant, drive-in and fast food is allowed with a Special Use Permit. A significant portion of the subject property is already zoned C-2 and, thus, the rezoning effort is a small extension of the existing Zoning District Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The subject property is designated as "transition" within the County's land Use Plan. The "transition" category recognizes that certain roadways have the potential of becoming primary corridors where strip development pressures exist. Certainly this is true with the subject property with the adjoining uses on Brambleton Avenue. The guidelines for "transition" promote planned development nodes and major road junctions in redevelopment of existing strip developments. The former uses on the subject property have been eliminated and, with the appropriate grading plan, the proposed use as retail and restaurant, fast food with a dríve-thru, subject to a Special Use Permit, are appropriate in this area. All of the adjoining properties along Brambleton are similar retail uses. Thus. the proposed use meets the objective of the "transition districr which is to provide for development along designc.. : :.... .oad corridors in the County. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The proposed development will have no negative impact upon public services and facilities. The property is already zoned Commercial, a portion being C-1 and a portion being C-2. The rezoning from C-1 to C-2 will allow for the appropriate development of a significant portion of the property with one owner, thereby assuring limited access and a well-designed and coordinated plan of development. F:\USERS\CBalJmgardner\ZONING\Seaside Heights JUSTIFICATION.doc ------ frTl: 221 (BfrAAlBl£TCW AIt:) ------ / I I \ -\\. 'y 20' O' 40' 80' ~- I 1"=40' ¿;; ~ GRAPHIC SCALE SITE LA YOUT AND GRADING PLAN FOR Ro80, LLC --- -oIIII!: --"IlK. ..---!II<:. - S£1'1EII8E1! 2l 20tH $<d. ,".",,' :.G. ... - ..--............, "'" ... --HLA- .. Mo. 04-000J SITVA TE BRAMBLETON A VENUE AND COLONIAL A VENUE COUNTY OF ROANOKE. VA. reWA C~ELL WHITE ASSOCIATES ........... / _.M / ........... -.. ---G" ........ 'G--::'.~~'T-"" .... .-> ...-._. ~ Zoning _AG3 _EP ~ _AG1 fJR 7r( :~ - C2CVOO 11 j¡¡lj 12 ~ - PCD PRO _PIÐ '-....... R1 R2 R3 ~ R4 ,,~ (-./1." f--~, IT [ ç ~ N "'.., 0. ~ w ¡¡ Roanoke County Department of Community Development N Â Applicants Name: Seaside Heights, LLC Existing Zoning: C-1 Proposed Zoning: C-2S Tax Map Number: 86.08-3-36.1 Portion of 86.08-3-35.1 Magisterial District: Cave Spring Area: 0.98 acres October 25, 2004 No Scale f-~ . County of Roanoke Community Development Planning & Zoning For Staff Use Only 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Application fee: o. DO Placards issued: BOS date: ðt.( Case Number Check type of application filed (check all that apply) 0 Rezoning IXSpecial Use 0 Variance 0 Waiver 0 Administrative Appeal . . R.,ßo LLé.- S'-f~ l!f!-ïk-l>cJr /.. I!J Apphcantsname/addr ïZlp ~1"oCð(.i. ¡2.."A Phone: 5'")7-(71'/"" ~}.gf:HE~d ~I~",I r~~~~A ;:J_J.-e'::>(? ~e~~;: sae 73"i-R1RO :H/Hl 9,al"11 r.1 0.., St:li ty 100-C, ~~..ð1(e, ... 1IrO1AxNo.: ~I.LII '71,f QV-él Owner's name/address wI . c¡ {2..3 G-a..iý{.....-- e.J Phone #: S 37 - Cd 7'1" SEASIDE HE I GITS LI..1: G- á / (t... e rJ /.J '" r., ;M. Ì) Work: 5 4!J - J 2§ ttti 0 , ( CD'ITJICT: [cia\! J Au tlett, I:"'fl -:J-O:/7'7 Fax No. #: ~A 71', o~ 3 . Propeny Location 0 Colonial Avenue 4510 Brambleton Avenue Magisterial District: Cave Spr i ng Community Planning area: Cave Spr i ng Existing Zoning: C- 2 Proposed Zoning: Proposed Land Use: food res taurant w Idr i ve- thru Does t~rcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes~' No 0 IF NO, A VARIANCE IS REQUffiED FIRST. / Does the parcel meet the minimum criteria for the requested Use Type? Yes,r' No 0 IF NO, A VARIANCE IS REQumED FIRST If rezoning request. are conditions being proffered with this request? Yes D No 0 Variance/Waiver 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 Zoning Map to of the Roanoke County Zoning Ordinance Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE J\lISSING OR INCOMPLETE. RlS/W V/AA RlS/W V/AA RlS/W VfAA m Consultation ~. 8 ](2" x 11" concept plan ~ Application fee Application X Metes and bounds description Proffers, if applicable Justification Water and sewer application X Adjoining property owners I hereby certify that I am either the owner of the pr e r th owner's agent or coniracl purchaser and am acting with the knowledge and consent of the owner. SEAS I 8'(. Owner's Signature 2 (-~ JUSTIFICATION FOR REZONING OR SPECIAL USE PERMIT REQUEST Applicant SEASIDE HEIGHTS, LLC The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The purpose of the C-2 District is to provide for a variety of commercial and service-related activities within the urban service area serving the community of several neighborhoods or large areas of the County. These commercial districts are generally found along major arterial thoroughfares which serve large segments of the County population. The use as a mixed retail and restaurant meets these criterions and those uses are specifically permitted within the County's Zoning Ordinance and within the County Comprehensive Plan. Retail uses are specifically allowed by right and the restaurant, drive-in and fast food is allowed with a Special Use Permit. A significant portion of the subject property is already zoned C-2 and, thus, the rezoning effort is a small extension of the existing Zoning District. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The subject property is designated as "transition" within the County's land Use Plan. The "transition" category recognizes that certain roadways have the potential of becoming primary corridors where strip development pressures exist. Certainly this is true with the subject property with the adjoining uses on Brambleton Avenue. The guidelines for "transition" promote planned development nodes and major road junctions in redevelopment of existing strip developments. The former uses on the subject property have been eliminated and, with the appropriate grading plan, the proposed use as retail and restaurant, fast food with a drive-thru, subject to a Special Use Permit, are appropriate in this area. All of the adjoining properties along Brambleton are similar retail uses. Thus, the proposed use meets the objective of the "transition district" which is to provide for development along designated key road corridors in the County. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The proposed development will have no negative impact upon public services and facilities. The property is already zoned Commercial, a portion being C-1 and a portion being C-2. The rezoning from C-1 to C-2 will allow for the appropriate development of a significant portion of the property with one owner, thereby assuring limited access and a well-designed and coordinated plan of development. \\JOLL Y\SYS\USERS\CBaumgardner\ZONING\Seaside Heights JUSTIFICA TION.doc ~ Zoning _AG3 _EP ~ - AG1 Irl :~ - C2CVOD 11 '-.....; ~ 12 ~ - PCO PRO . Pro ~ R1 R2 R3 R4 ~ '-... (~ r . r> dl., " 'L o;¡ ~ -- Ii """'.., A. I _J "'5" AR '" ~ ~ Roanoke County Department of Community Development N Â Applicants Name: Seaside Heights, LLC Existing Zoning: C-1/C-2 Proposed Zoning: C-2S Tax Map Number: 86.08-3-34 86.08-3-35 86.08-3-35.1 86.08-3-36.1 Magisterial District: Cave Spring Area: 2.22 Acres October 25, 2004 No Scale ç:-3 . County of Roanoke Community Development Planning & Zoning For Staff Use Onl Date received: Received by: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Application fee: PCIBZA date: Placards issued: BOS date: Check type of application filed (check all that apply) iXRewning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal Applicants name/address w/zip Phone: Vauqhn & Jackson, L LC. Work: 540-725-8180 Contact: Edward A. Natt, Esq. Cell#: 3140 U'\aparra I Dr., Sui te 200-C, Roanoke, VA 24°¥lx No.: 540-774-0961 Owner's name/address wizip Harry P. Clause, Jr. Contact: Edward A. Natt, Esq. 3140 Cha rral Dr. Suite 200-C Property Location 0 Berganb lick Avenue 6944 Bent T\b.Jnta inRoad Tax Map No.: 095.01-02-25 095.01-02-29.01 Phone #: WOß: 540-725-8180 Fax No. #: 540-774-0961 Roanoke VA 24018 Magisterial District: Windsor Hi I I s Community Planning area: Existing Zoning: AA Back Creek ÞC-1 single-family residential Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes [])( No D IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes D YesX NoD NoD Variance/Waiver 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 Zoning Map to of the Roanoke County Zoning Ordinance Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RIS/W V/AA RIS/W V/AA RJS/W V/AA §B Consultation ~ 8 1/2" x 11" concept plan ~ Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's a ent or contract urchaser and am acting with the knowledge and consent of the owner. Contract Purchaser: ... L.L.C. ::e:. 11.1'. ~~¡¡: 2 JUSTIFICATION FOR REZONING OR SPECIAL USE PERMIT REQUEST F,3 Applicant VAUGHN & JACKSON, L.L.C. The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The existing zoning under the AR District provides for lot density ranging from one (1) acre if private wells and sewage disposal systems are provided to 25,000 sq. ft. if those water and sewer services are provided. The proposed AG-1 provides for subdivision of lots with a lot requirement of 1.5 acres per lot. The property is proposed for development consistent with the AG-1 District and in order to ensure development, over the long term, in accordance with these regulations, the Applicant proposes to rezone the property with proffers limiting the number of lots within the rezoned area to one hundred (100). This is consistent with the developer's overall plan and fits the County's Long Range Comprehensive Plan of ensuring that large lot subdivisions would be developed in this portion of the County. The AR District's purpose section states that "these areas are expected to become increasingly residential in character with residential development becoming the dominant use over agricultural and more rural type uses. The AG-1 District, with the larger lots, limits the number of lots which may be provided within this District. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The Comprehensive Plan designates this property as rural village. The guidelines of the rural village encourage development that leaves a large portion of the property as open space. The development of the one hundred fifty-eight (158) acres with one hundred (100) lots would ensure that there is a significant amount of open space. This will ensure that the area remains in a setting that does not provide for dense residential development. The limitation on the number of lots also puts less demand on the County public services and facilities. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The existing zoning of the property allows for one-acre lots if no public water and sewer are provided. The proposed zoning requires 1.5-acre lots. The proffers limit the number of lots to one hundred (100). Thus, the density on the subject property is significantly reduced, thereby creating significantly less demand on public utilities from that permitted under the existing zoning. The developer will provide water and sewer, either through extensions of public facilities or the provision of private utility services. F: IUS ERSICBaumgard ner\ZO N I NGI Va ughn -Jackson JUSTI FI CATION. doc PROFFERS r~'3 Address of Subject Property: Tax Map No. 0 Berganblick Lane 6944 Bent Mountain Road 095.01-02-25 095.01-02-29.01 Applicant's Name: Vaughn & Jackson, LLC Owner: Harry P. Clause, Jr. PROFFERS The undersigned owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. Not more than one hundred (100) single-family lots will be developed. Applicant: VAUGHN & JACKSON, LLC BY ITS Owner: HARRY P. CLAUSE, JR. \\JOLL Y\SYS\USERS\CBaumgardner\ZONING\Vaughn-Jackson PROFFERS.doc October 20, 2004 Page 1 of 1 NDV-10-2004 10:35 OSTERHOUDT PRILLAMAN NATT 15407740961 P.02/02 LAW OPl'IO}~S F~3 . OSTERHOUDT, PRILLAMAN. NATT, HELSCHER, YOST, MA:XWELL & FERGUSON, PLG . (3140 G'Rt.P.l.RRAL DRIVE, SUITS ~WO.C RO,,-N'OJ(E. VIRGINiA 2-.016.4:370 (:>40) gall-OOOo FAX (540) 172.0126 S'.n,F.>l. VIRCI:>:I.' 2'1l~3 J>. l). n"" '71> IO~ N. COCO!IA"O SfkKIIT !~"O) 'IBD'~'~"O FoUl. (~..o) :JB'."~no November 9, 2004 Janet Scheid, Chief Planner Department of Community Development Planning and Zoning Division County of Roanöke P. O. Box 29800 Roanoke, VA 24018 Dear Janet This letter is written to formally advise that Vaughn & Jackson, L.L.C. is withdrawing its relquest to rezone approximately 158.657 acres of land located in Roanoke County. If you need anything further, please advise. Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, M~VfEL~ & FERGUSON, PLC ¿ J N/Lrqr . E~ A. NattiW ' EANllhs cc: David A. Vaughn. President Vaughn. Inc. P. O. Box 21309 Roanoke, VA 24018 Lee Henderson Lumsden Associates, P.C. P. O. Box 20669 Roanoke, VA 24018 TOTAL P.02 -1 _AG3 _EP .....,...... _AG1 _AV 8C2 - <;2CVOD 11 Mi2 ----_!'CD PRQ ~ 8PTD ( : R3 AR C1 FI4 Roanoke County Department of Community Development N A Applicants Name: Vaughn & Jackson LLC Existing Zoning: AR Proposed Zoning: AG-1 Tax Map Number: 95.01-2-25 95.01-2-29.1 Magisterial District: Windsor Hills Area: 158.657 acres October 25, 2004 No Scale ACTION NO. ITEM NO. G-l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: First reading of an ordinance authorizing conveyance of an easement to Appalachian Power Company to provide electric service to Virginia PCS Alliance, L.C., d/b/a/ NTELOS, for a 3,400 sq. ft. 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 tf! County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: ~ ~~ At the Board meeting on October 26, 2004, the Board of Supervisors approved leasing property to Virginia PCS Alliance, LC, d/b/a Ntelos, at the Hollins Fire Station for construction of a new communications tower. Currently, there is no power at that corner of the County's property, and Ntelos needs electric service in order to construct and maintain the tower. AEP is requesting that the Board convey an easement for the purpose of running power to that corner of the property. The easement will run along the current driveway and is not anticipated to interfere with County operations in any manner. FISCAL IMPACT: There is no fiscal impact to this request. STAFF RECOMMENDATION: Staff recommends that the Board approve the first reading of this ordinance authorizing an easement to Appalachian Power Company at the Hollins Fire Station for the purpose of providing electric power to a tower being constructing by Virginia PCS Alliance, LC, d/b/al Ntelos. &-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 16, 2004 ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP #27.13- 4-1) TO PROVIDE ELECTRIC SERVICE TO 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 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, 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, by Ordinance #102604-7 adopted on October 26, 2004, the Board approved a lease with Ntelos 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, in order to provide electric service to the tower site an easement is required by Appalachian Power Company across County property; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including easements, shall be accomplished by ordinance; the first reading of this ordinance was held on November 16, 2004; and the second reading was held on December 7, 2004. G-I THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service in connection with the location of a new telecommunications tower at the Hollins Fire Station, located at 7401 Barrens Road in the County of Roanoke, Virginia, by Virginia PCS Alliance, LC, d/b/a Ntelos. 2. That donation to Appalachian Power Company of an easement and right-of- way for underground transmission lines and related improvements, within the "proposed 10' easement area" on the County's property (Tax Map #27.13-4-1) as shown on APCO Drawing No. V-1531, dated November 1, 2004, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County Administrator, or any assistant county administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. 2 G..I ,,<, ,,; ~- ,,;,' '- , '- ,,- " ";,, --', " '- ,,; " ,,;/ -', ,,-' ./' --'-- " , , ./ , , ," " --'- ",' " -', / ' , ,,;" " '-, " ,.' '--, , , ..... / , .... / / ~ " " ) " ,/ , / ,I ,,/ " ;' " , ( ," / / , , , <..... , / ROfflOrlE COUNTY / '<, 8O.I\RD OF SUPErt\~SOAS / ~ Tt¡)( MAP #27,13-'-1 , -.... ' , ,I .... ""', ; " , '--, ; '-"- .... /' , " / & , ~ / ~ ", - "'If'R'JPQSED ;';>Á" " . I Kr Rill' €.ASEJAEIIT ~~S " , "" .... -, ' 'ro~ -', / -, ¡ " / --'- / " ' ""', ,I -', / "I / :~'~'" APPALACHIAN POWER COt.4PANY 0""""[$'(>0. 0(°'0>, .0",0-.0 :>'" cr, ",,'M"':, ""G"I> I~O;;~'RIGHT Of WAY I ON PROPERTY OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA '_M/'. I"')":: 0'" "'i 1/Q'- "...., !CA"'" COUNTY 0" ROANOKE, V~RGINIA T 0 665000 ',.¡AP 3780-181 C4 "" . DRAWING NO. V-1531 ACTION NO. ITEM NO. G-{) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: First reading of an ordinance approving a residential lease at the Roanoke County Center for Research and Technology, Catawba Magisterial District SUBMITTED BY: Anne Marie Green Director of General Services APPROVED BY: Elmer C. Hodge Æf/ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The Roanoke County Board of Supervisors acquired four dwellings as part of the transaction for the property for the Center for Research and Technology (CRT). Three of the houses have been demolished but the fourth house, a log cabin, has been rented out until recently. The cabin is located on Glenvar Heights Boulevard at the far southeast corner of the property, and the area behind it provides access to the CRT site in case of emergency. In the past when the cabin has been unoccupied, there was evidence of poaching activity on the CRT site, as well as a break-in at the building. Staff believes that it is important to keep the cabin occupied, which will increase security at the back entrance of the property. The cabin was advertised for rent in the Roanoke Times. Staff is in the process of reviewing the applications and interviewing prospective tenants on the basis of a variety of factors including rental and employment history, ability to maintain the surrounding grounds, and number of occupants. A tenant will be chosen and named in time for the second reading of the ordinance. In order to maintain upkeep at the cabin, the rental income in the past has been placed in a special fund. This has worked well, and the fund was recently used to prepare the house G-~ for new occupants. Because the well may have to be replaced in the near future and a connection made to County sewer, staff recommends that this funding mechanism be continued. FISCAL IMPACT: The cabin will rent for $600 per month or $7,200 per year. This money will replenish the maintenance account for the facility and provide for future needs. STAFF RECOMMENDATION: Staff recommends that the Board approve the first reading of the ordinance and schedule the second reading at the Board meeting on December 7, 2004. ç-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 16, 2004 ORDINANCE APPROVING THE RESIDENTIAL LEASE OF THE LOG CABIN LYING GENERALLY IN THE SOUTHEAST CORNER OF THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY PROPERTY (TAX MAP NO. 54.00-1-2) IN THE CATAWBA MAGISTERIAL DISTRICT OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the Board of Supervisors of Roanoke County is the owner of a tract of land containing 457.60 acres, and being located in the Catawba Magisterial District and designated on the Roanoke County Land Records as Tax Map No.54.00-1-2, which is being developed for economic development purposes as the Roanoke County Center for Research and Technology; and, WHEREAS, by Ordinance 031098-7, the Board of Supervisors authorized the continued rental of the three residences on the property until such time as construction would begin and require termination; and WHEREAS, the leases for 5365 Glenmary Drive and 5393 Glenmary Drive were terminated by the County, effective November 1, 1999, to permit commencement of construction and, WHEREAS, the log cabin at 4958 Glenmary Drive had been rented until recently; and WHEREAS, it would serve the public interest for the County to have the log cabin occupied and maintained until such time as all or portions thereof may be needed for economic development purposes; and, WHEREAS, on December 2, 1997, the Board authorized creation of a self- balancing account entitled Glenn Mary Capital Account for acceptance of rent payments and expenditure of the funds on maintenance of the property; 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 Ç-à accomplished by ordinance; the first reading of this ordinance was held on November 16, 2004, and the second reading was held on December 7,2004. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement with for the log cabin residence having the address of 4958 Glenvar Heights Boulevard, for a monthly rental of $ , thereafter continuing on a month-to-month basis, to be paid into the Glenn Mary Capital Account. from 2. That the County Administrator or an Assistant County Administrator is authorized to execute said 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. 3. That this ordinance shall be effective on and from the date of its adoption. 2 G-~ THIS LEASE AGREEMENT, made and entered into this ~ day of_, 2004, by and between THE BOARD OF SUPERVISORS OF ROANOKE COUN1Y, VIRGINIA, Grantor, herein referred to as "Landlord;" and , Grantee(s), herein referred to as "Tenant. " WITNESSETH: THAT in consideration of the mutual covenants contained herein, the Landlord and Tenant hereby agree as follows: LEASED PREMISES Landlord hereby rents and leases to Tenant and Tenant hereby rents and hires from Landlord, upon the conditions hereinafter set forth, the following real property, herein referred to as "premises," to-wit: Residential dwelling and yard located at 4958 Glenvar Heights Boulevard, Salem, Virginia, 24153, generally outlined on the drawing attached hereto as Exhibit A. TERM OF LEASE The term of this lease shall commence on the - day of -f 2004, and shall continue for one (1) year, until , 2005, unless sooner terminated as herein provided. Beginning the day of 2005, the term of this lease shall continue on a month to month basis until one of the parties shall have given to the other party thirty (30) days' written notice of the termination of this lease. RENTAL The Tenant shall pay as rent the sum of Six Hundred Dollars ($600.00) per month, due and payable on the first (1st) day of each month, commencing on , 2004. Rent shall be deemed to be paid when received by John F. Patten, Facility Manager, Department of General Services, 1216 Kessler Mill Road, Salem, VA, 24153, or at such other place as the Landlord may from time to time designate in writing to the Tenant. In the event a monthly payment is not received by the tenth (10th) day after which it is due, Tenant agrees to pay as an additional charge or late fee the sum of Ten Dollars ($10.00). Tenant further agrees to pay an additional fee of Twenty Dollars ($20.00) for all checks returned for insufficient funds. If any of Tenant's checks are returned to Landlord for insufficient funds, Landlord shall thereafter at any time have the option of requiring G-:< that all subsequent rent payments be made in cash, or be made by cashier's check, certified check or money order. All rental payments will be first applied to all past due balances and then to current rental due. All checks shall be made payable to the County of Roanoke. SECURITY DEPOSIT Tenant agrees to pay the sum of Five Hundred Dollars ($500.00) as a security deposit. This sum will be due when this lease is signed by Tenant. Prior to the termination or expiration of this lease, if Landlord makes any deductions from the security deposit for charges arising under this lease or by law, Tenant agrees to pay Landlord such sums as may be necessary to offset such deductions to replenish and maintain the security deposit in the amount set forth above. The security deposit, with accrued interest, will be held by Landlord to secure Tenant's full compliance with the terms of this lease. Within thirty (30) days after the termination or expiration of this lease, Landlord may apply the security deposit with interest to the payment of any damages Landlord has suffered due to Tenant's failure to maintain the premises, to surrender possession of the premises thoroughly cleaned and in good condition (reasonable wear and tear excepted), or to comply fully with the terms of this lease, and the balance, if any, to unpaid rent. Landlord shall provide Tenant with an itemized accounting, in writing, showing all deductions. Within said thirty (30) day period, landlord will give or mail to Tenant the security deposit, with accrued interest and minus any deductions. To assist Landlord, Tenant shall give Landlord written notice of Tenant's new address before Tenant vacates the premises. During the term of occupancy under this lease, if Landlord determines that any deductions are to be made from the security deposit, Landlord will give written notice to Tenant of such deduction(s) within thirty (30) days of the time Landlord determines that such deduction should be made. This provision applies only to deductions made thirty (30) days or more before the termination of this lease. Landlord will maintain itemized records of all security deposit deductions, and these records may be inspected by Tenant, his authorized agent, or attorney during normal business hours. However, when two (2) years have passed from the time a deduction was made, Landlord may destroy the record of such deduction. G-~ USE AND POSSESSION OF PREMISES It is expressly agreed that the demised premises shall be used by Tenant exclusively for residential purposes. The premises will be occupied by no persons other than persons who have signed this lease as Tenant and such persons' children under the age of eighteen (18) years. An itemized list setting forth the existing defects to the premises, its equipment, and appliances is attached hereto as Exhibit B. Tenant agrees to accept the premises, equipment and appliances in their current condition and subject to said existing defects. Tenant further agrees to exercise the appropriate care and accepts responsibility for Tenant's belongings and personal property in consideration of the existence of such defects. SPECIAL CONDITION Tenant acknowledges and understands that Landlord's acquisition and ownership of the property is for purposes of economic development and this lease is entered into as an interim measure for the proper care, maintenance, and occupancy of the premises. Tenant specifically agrees to accept the premises with the understanding that Landlord plans to commence construction activities as soon as may be feasible and that Tenant's rights to use and occupy the premises shall be subject to all construction activities, including but not limited to, construction and equipment traffic, land disturbance and dust, demolition of outbuildings and sheds as may be necessary, construction noise, and any other potential disturbances associated with construction activities. EQUIPMENT AND APPLIANCES The landlord agrees that Tenant shall have use of the following equipment and appliances: washer. dryer, refrigerator. electric stove, and dishwasher. Landlord agrees to be responsible for repair or replacement of such equipment or appliances, at Landlord's cost, and Landlord may elect whether to make repairs or to replace such equipment or appliances. In the event, however, that any defect or damage is intentionally or negligently caused by the Tenant or by Tenant's family, guests or invitees, Landlord shall repair or replace the equipment or appliances at Tenant's expense. UTILITIES 3 G-~ Tenant shall, in Tenant's name and at Tenant's own cost and expense, pay all charges for water, sewer, gas, electricity, heat, and any other utility charges incurred by Tenant in the use of the leased premises. Tenant acknowledges receipt of the premises with a full tank of heating oil, and agrees that, upon termination of this lease and prior to return of Tenant's security deposit, the Tenant shall refill the oil tank. Landlord shall not be liable in damages or otherwise if the furnishing by Landlord or any other supplier of any utility service or other service to the leased premises shall be interrupted or impaired by fire, accident, riot, strike, act of God, the making of necessary repairs or improvements, or by causes beyond the control of the Landlord. SERVICES Covenants By Landlord The Landlord shall maintain the well water and septic systems, and all electrical, plumbing, heating, and ventilation in good, safe and sanitary working condition, subject to the covenants by Tenant hereinafter set forth. Landlord further agrees to comply with the applicable building and housing code requirements materially affecting the health and safety of the Tenant. The Landlord's failure to comply with the above requirements shall not give rise to a right in the Tenant to terminate this Lease Agreement, unless the Tenant has given the Landlord written notice of such defective condition and Landlord has failed to repair or cure the condition within thirty (30) days of the Landlord's receipt of such notice. The Tenant may not terminate this Lease Agreement if Tenant, a member of Tenant's family or an invitee or guest of Tenant intentionally or negligently causes a defective condition. Such intentionally or negligently caused condition shall be promptly repaired at Tenant's expense. Covenants By Tenant Tenant covenants and agrees to: (a) abide by all Landlord's rules and regulations, as may be applicable to the premises, and imposed or changed from time to time; (b) keep the premises clean and safe; (c) use all electrical, plumbing, heating, ventilating and air conditioning facilities and appliances in a safe and reasonable manner; (d) use the fireplace in a safe and reasonable manner, provided such fireplace is operative and functional, does not exhibit any defects, and appears to be in good working order upon inspection by the Landlord at reasonable intervals; and (e) conduct themselves and their family, and to require guests to conduct themselves, in a manner which will not disturb Tenant's neighbors. Tenant shall not: (a) intentionally or negligently destroy, damage or remove any part of the premises; (b) permit any person to intentionally or negligently destroy, damage or remove any part of the Premises; (c) dispose of or permit spillage of any paint, waste tires, petroleum or petroleum-based products, pesticides, herbicides or other hazardous 4 G-.). substances on or about the premises; and (d) keep any combustible materials on the premises, nor do anything that might create a hazard of fire on the premises. Tenant shall not: (a) change or add locks without notifying Landlord immediately and providing Landlord with duplicate keys to such locks; (b) permit temperature in dwelling to drop below 50 degrees Fahrenheit, in order to prevent the freezing of pipes; (c) make any alterations, installations, or redecorations of any kind to the premises without the prior written consent of the Landlord. Tenant covenants and agrees to care for, and maintain fixtures, including but not limited to: (a) replacement of light bulbs, fuses, water filters and furnace filters; (b) clearing clogged pipes, toilets and drains; (c) removal of snow and ice from all walks, steps, and drives from the state maintained portion of Glenvar Heights Boulevard; (d) regular removal of all trash and garbage to the road for pickup. During the term of this Lease Agreement, the Tenant shall give the Landlord prompt written notice of any defects in or damage to the Premises, and all equipment, appliances and fixtures provided by Landlord as hereinabove specified. In the event that further damages occur between the time when Tenant discovers a defect and the time that Tenant notifies the Landlord of the defect, Tenant shall pay the cost of repairing such additional damage, unless such damage could not have been avoided had Tenant promptly notified Landlord of the defect. The Tenant shall notify the Department of General Services when sudden problems, requiring immediate attention develop during business hours. If sudden maintenance problems that constitute an emergency or require immediate attention or repair develop during non-office hours, the Tenant shall contact the staff on the emergency phone number. The telephone number for the Department of General Services is 540-387-6108 and the after-hours emergency telephone number is 540-561-8036, or such other number (including a pager number) as may be provided in writing to Tenant by Landlord. If the Tenant initiates maintenance for problems, for which the Landlord is responsible pursuant to the terms of this agreement, without the approval of the Department of General Services, the Tenant shall be responsible for the cost of such repairs and maintenance; including labor, materials, supplies and any other associated expenses. The Landlord will only authorize payment for maintenance and repair fees that are performed or contracted by an employee of Roanoke County; the power or authority to make such decisions, maintenance and/or repairs must be vested in the employee by Roanoke County. Tenant agrees to pay all costs resulting from the intentional or negligent destruction, damage or removal of any part of the premises by Tenant, any guest of 5 G-~ Tenant, or other persons on the premises with Tenant's consent, whether such persons are known to Tenant or not. WATER SUPPLY AND USAGE Tenant recognizes that the well extends to a depth of fifty-seven (57) feet and may be stressed during drought conditions and periods of high water consumption. The Tenant must take adequate measures to ensure that sufficient water is available. Tenant should avoid multiple activities that may stress the water supply within a short period of time. Activities that stress the water supply include, but are not limited to, washing laundry, washing vehicles and multiple showers. During drought conditions, residents must regulate water activity and use all necessary and proper water conservation techniques. If at any time the well water appears murky or a odor is detected the Tenant should discontinue use and contact the Department of General Services immediately. GROUNDS Tenant agrees to mow, trim, and rake the yard and otherwise maintain the grounds in good and safe condition; trees and bushes shall be kept trimmed. Tenant further agrees to mow and maintain the lawn at a reasonable height. The Tenant will have three (3) days in which to completely mow the lawn if notified by the Landlord that the grass is unreasonably high. Tenant agrees that grounds, porches and patios are to be kept clear and unobstructed, that they shall not be used as storage facilities, and that no trash, tires, or other debris shall be allowed to accumulate thereon. Tenant agrees to clean or have cleaned the gutters, downspouts and drains, and to keep them free of leaves and other debris. Tenant shall sweep and clean the basement area on a regular basis, to the degree necessary to prevent the build-up of leaves and other debris in the outside drain next to the entrance door. Any equipment which may be necessary to comply with the terms hereof shall be provided by the Tenant. PETS Tenant is permitted to keep the following described pets on the premises: . Any additional pets must be approved by the Landlord in writing. T he Tenant shall be liable for any and all damages caused by the pets. INSPECTION AND ACCESS 6 G-~ Landlord may enter the premises for the following purposes: (1) to inspect to see if the Tenant is complying with the provisions of this lease; (2) to make repairs, alterations, or improvements; (3) to show the premises to prospective purchasers, mortgagees, tenants, workmen or contractors. Such entries shall not be so frequent as to seriously disturb the Tenant's peaceful enjoyment of the premises. Such entries shall take place with reasonable prior notice to the Tenant; consent shall not be unreasonably withheld. If the Landlord or its agent reasonably believes that an emergency exists which requires immediate entry, such entry may be made without the Tenant's consent. The Tenant agrees to allow access and occupancy to workmen for maintenance, repairs, or improvements on or in the premises. FAILURE TO PAY RENT; BREACH OF COVENANTS In the event of: (a) the Tenant's material breach of this agreement, (b) the Tenant's abandonment of the premises, (c) the filing of insolvency proceedings by or against the Tenant or the appointment of a Receiver or Trustee of his property, (d) the Landlord not receiving any payment of rent or other charge by the tenth day after which it becomes due, (e) the Tenant's denial of any right reserved in this agreement to the Landlord, (f) the institution of legal proceedings by or against the Tenant looking to a disposition of the premises or any part thereof, (g) the use of the premises by the Tenant or others for illegal purposes, or (h) a breach of Tenant's obligations under this agreement involving or constituting a criminal or willful act, which is not remediable and which poses a threat to health or safety, the Landlord shall have the right to: (1) enter and retain possession of the premises by any lawful means and remove the Tenant and his effects by unlawful entry or detainer proceedings; or (2) to sue for rent; provided that the Landlord's recourse to any of these remedies shall not deprive him of any other action or remedy permitted by law. Should the Landlord pursue any such remedies, regardless of whether such action shall be prosecuted to judgment, the Tenant shall be liable as follows: 1. For all installments of rent and other charges that are past due and for the remainder of the term of this lease which shall immediately become due and payable; 2. For all expenses that may be incurred by the Landlord for re-renting the premises, including, but not limited to, brokerage, advertising, cleaning, repairing, and redecorating expenses; 3. For any court costs incurred by the Landlord for possession of the premises or for collection of unpaid rent or other charges under this agreement; 7 ç-~ 4. For reasonable attorney's fees incurred by the Landlord to obtain possession of the premises or in the collection of rent, damages, or other charges where the Tenant's breach of this lease agreement results from the Tenant's willful noncompliance. If the Tenant has breached this lease agreement by failing to pay rent when due, the Landlord shall give a written notice to the Tenant stating that the Lease will terminate in ten (10) days if the rent is not paid. If the Tenant fails to pay rent within that ten-day period, the Landlord may terminate this lease agreement and proceed to obtain possession of the premises by filing an unlawful detainer proceeding, wherein the Landlord may pursue a claim for rent and other damages. If the Tenant's breach involves or constitutes a criminal or willful act, which is not remediable and which poses a threat to health and safety, the landlord may terminate this lease agreement immediately and proceed to obtain possession of the premises by filing an unlawful detainer proceeding, wherein the Landlord may pursue a claim for rent and damages. In connection with breaches other than the failure to pay rent or breaches involving or constituting a criminal or willful act which poses a threat to health or safety, if a material noncompliance with this lease agreement exists, or if there is a violation which materially affects health and safety, the landlord may serve upon the Tenant a written notice stating the acts or omissions constituting the breach and stating: (a) that the lease agreement will terminate upon a date not less than thirty (30) days after the Tenant receives the notice unless the breach is remedied within twenty-one (21) days, and (b) that the lease will terminate as set forth in the notice. If the breach is remediable by repairs or the payment of damages and the Tenant adequately remedies the breach within twenty-one (21) days or such longer period as the landlord may specify in writing, the lease agreement shall not terminate. However, in the event the breach is not remediable, the Landlord's written notice to the Tenant may state the acts or omissions constituting the breach and state that the lease agreement will terminate upon a specific date, which date shall not be less than thirty (30) days from the date the Tenant receives the written notice. LANDLORD'S BREACH OF COVENANTS In the event the Landlord fails to abide by the provisions of this agreement or violates any requirement of state or federal law pertaining to this lease agreement, which breach materially affects health and safety, the Tenant may serve a written notice on the landlord specifying the acts and omissions constituting the breach and stating that this lease agreement will terminate upon a specific date not less than thirty (30) days after receipt of the notice if such breach is not remedied within twenty-one (21) days. If the 8 G'~ breach can be remedied by repairs, and the Landlord adequately remedies the breach prior to the date specified in the notice, this lease agreement will not be terminated, unless Tenant or Landlord otherwise terminate as provided herein. The Tenant may not terminate this agreement for a condition caused by the deliberate or negligent act of the Tenant, his family or invitees. In addition, the Tenant may recover damages and reasonable attorney's fees where permitted by law and obtain injunctive relief for the Landlord's failure to abide by the provisions of this agreement. The Tenant's recourse to the remedies mentioned above shall not deprive him of any other action or remedy permitted by law. INJURY, DAMAGE OR DESTRUCTION In the event of the destruction of the leased premises by fire, explosion, the elements, or otherwise through no fault or negligence of the Tenant, or Tenant's family or guests, or in the event of such partial destruction, damage or disrepair as to render the premises unfit for occupancy, including but not limited to the complete failure of the well/water supply on the premises, the term hereby created shall, at the option of either party upon notice to the other, terminate as of the date of such damage, and the accrued rent shall be paid up to the time of such damage. If neither party desires to terminate the lease, the landlord shall enter and repair the premises with reasonable speed and, if the Tenant continues to occupy the premises for the duration of such repairs, the rent will be reduced by a reasonable amount for the period during which the repairs are completed. Tenant shall maintain his or her own hazard insurance policy and/or "renter's insurance", at Tenant's expense, to protect Tenant and/or Tenant's personal property against damage, injury or destruction from any cause whatsoever. Tenant shall be responsible for obtaining such other insurance, including comprehensive public liability insurance, as Tenant shall deem appropriate for adequate protection of his or her person or property. To the extent permitted by law, and not in limitation of Landlord's other rights and remedies at law, Tenant agrees to indemnify Landlord against all claims, demands, and liability for any loss, damage, injury or other casualty to person or property, whether that of either of the parties hereto or of third persons, caused by Tenant's negligent or intentional acts or omissions in connection with Tenant's use and occupancy of the premises, structures, equipment, appliances, or fixtures, or caused by Tenant's violation of the terms of this lease agreement. VACATING 9 G-~ Upon the expiration or termination of this Lease Agreement, the Tenant shall completely vacate the premises, including the removal of all of his or her property. No right of storage is given by this agreement and the Landlord has no duty to protect the Tenant's possessions against loss. In the event the Tenant's property is not removed, the Landlord may dispose of such property at his discretion, without liability to the Tenant for damage or loss. The Tenant shall pay for all cost of removal of such property. Any item left behind by the Tenant not claimed within thirty (30) days of the termination of this lease agreement will be disposed of by the Landlord. Before departure, the Tenant shall return all keys and shall turn over to the landlord the premises and all its fixtures and equipment in good and substantial repair, thoroughly cleaned and in sanitary condition, reasonable wear and tear excepted. The Tenant agrees to pay for all repairs and cleaning required as a result of extraordinary wear and tear. The Tenant shall allow the Landlord to inspect the premises, and its contents, which inspection must be made within seventy-two (72) hours of termination of occupancy. CONDEMNATION In the event that the leased premises or any part thereof shall be condemned or taken for a public or quasi-public use, such as by the Virginia Department of Transportation for the widening and improvement of Interstate 81, then, upon payment of any award or compensation arising from such condemnation or taking, this lease shall terminate immediately and Tenant shall be required to vacate the Premises. Tenant shall be entitled to abatement of the rent and other such adjustment as might be just and equitable under all the circumstances, but Tenant shall not, under any circumstances, be entitled to a condemnation award for the value of his or her tenancy. ASSIGNMENT The Tenant shall not transfer or assign this lease agreement, or let or sublet the whole or any part of the premises without the Landlord's prior written consent. FAILURE TO ENFORCE NOT A WAIVER Landlord's acceptance of rent or conduct by Tenant which is not in compliance with Tenant's obligations under this lease Agreement shall not be interpreted as a waiver of any subsequent breach or non-compliance by Tenant, and the terms and provisions of this Lease Agreement shall remain in full force and effect. Tenant is hereby notified that acceptance by Landlord of rent with knowledge of a material non-compliance by Tenant 10 ç'-~ shall not constitute a waiver of landlord's rights to terminate this Lease Agreement for such non-compliance. NOTICES All written notices required or permitted by this Lease Agreement may be delivered in person or sent by certified mail, return receipt requested (postage prepaid) to the landlord or Tenant at the following addresses: Landlord: Board of Supervisors of Roanoke County Attn: John F. Patten, Facility Manager Department of General Services 1216 Kessler Mill Road Salem, VA 24153 Tenant: REQUIRED LEAD-BASED PAINT DISCLOSURE The certification as to Lead-Based Paint, required pursuant to the lead-Based Paint Hazard Reduction Act of 1992, signed by landlord and Tenant is attached hereto as Exhibit C. All improvements on the Premises were not constructed after January 1, 1978. HEADINGS The paragraph headings are for convenience only and do not alter or amend the provisions of this Agreement. JOINT AND SEVERAL LIABILITY If more than one person constitutes the "Tenant" hereunder, all persons signing as Tenant shall be jointly and severally liable for all Tenant obligations set forth in this Lease Agreement. GOVERNING LAW; SEVERABILITY 11 G.~ This Lease Agreement shall be construed under the laws of the Commonwealth of Virginia. Any provision of this Agreement that is prohibited by, or unlawful or unenforceable under Virginia law shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions of this Lease. This lease is executed by the County Administrator of Roanoke County by authority of the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. 110999-1 adopted by said Board on the day of , 2003. WITNESS the following signatures and seals: APPROVED AS TO FORM: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Landlord (SEAL) Paul Mahoney County Attorney Elmer C. Hodge County Administrator Tenant (SEAL) (SEAL) State of Virginia, County of Roanoke, to-wit: The foregoing instrument was acknowledged before me this day of , 2003, by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia, Landlord. Notary Public My commission expires: 12 State of Virginia, County/City of , to-wit: The foregoing instrument was acknowledged before me this , 2003, by , Tenant. Notary Public My commission expires: 13 day of {;-~ EXHIBIT A G-~ tJ';. tr:. ~ t:: *- ff'. ;::j CO v ~ 0 t:: ~ 0 e::: ""Q 0 V;¡ 0 ~ cêt ACTION NO. IJ-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: November 16, 2004 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge! If County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Blue Ridge Behavioral Healthcare The three-year term of Roger Laplace will expire on December 31,2004. Mr. Laplace has advised that he is willing to serve an additional term. 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, NOVEMBER 16, 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 November 16, 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 13, October 26, October 27, and November 1, 2004 2. Request to accept and appropriate a grant in the amount of $255,000 from the Virginia Department of Rail and Public Transportation on behalf of Unified Human Transportation Services, Inc. (RADAR) 3. Request to accept Cezanne Court into the state secondary road system 4. Request to adopt a resolution fixing the compensation that may be received by non-employee members and non-elected officials of the boards of the Western Virginia Water Authority and the Roanoke Valley Resource Authority, and establishing an effective date 5. Request from the Police Department to accept and appropriate a grant (donation) in the amount of $8,900 from the Loyal Order of the Moose to purchase a new total mapping station 6. Request from the Police Department to accept and appropriate a grant in the amount of $6,000 from the Court Community Corrections Alcohol Safety Action Program 7. Request to approve the execution of a contract to provide Commonwealth Attorney services to the Town of Vinton for $6,000 and appropriation of funds 1 ~ I-'; 8. Request to approve the execution of an amendment to protective covenants, Mountain View Farm Technological Park 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. ITEM NO. J-<9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request to accept and appropriate a grant in the amount of $255,000 from the Virginia Department of Rail and Public Transportation on behalf of Unified Human Transportation Services, Inc. (RADAR) SUBMITTED BY: John M. Chambliss, Jr. Asst. County Administrator Elmer C. Hodge t If County Administrator APPROVED BY: COUNTY ADM INISTRA TOR'S COM ~ ~ SUMMARY OF INFORMATION: Unified Human Transportation Services, Inc. (RADAR), who operates the CORTRAN program for the County, has been advised by the Virginia Department of Rail and Public Transportation that their grant has been amended by $255,000 to provide additional funds for computer equipment and related software. This grant must pass through one of the local governments and Roanoke County has served as their fiscal agent in the past. This specific grant amendment provides an additional $20,400 in state dollars to match the federal grant of $204,000 and a local match of $30.600. The local match for this grant will be provided by RADAR. No Roanoke County money is involved in this grant. The Board of Supervisors is requested to accept and appropriate these monies on behalf of RADAR as we have in the past and we will pass through the money to RADAR. RADAR and the Virginia Department of Rail and Public Transportation have also agreed to allow the wire transfer of funds to be made directly to RADAR rather than being channeled through the County. This will save time and reduce the confusion in tracking these monies. RADAR will continue to be responsible for the audit and compliance requirements and will notify the County of each of the payment requests so that we may account for the monies. <r-~ FISCAL IMPACT: The Board of Supervisors is requested to accept the grant and appropriate the grant in the amount of $255,000 to be passed through to RADAR. No appropriation of County money is required. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors accept the grant in the amount of $255,000 from the Virginia Department of Rail and Public Transportation on behalf of RADAR, authorize the County Administrator or his designee to sign the grant documents, and that RADAR be required to complete the audit and compliance requirements of this grant. 2 ACTION NO. ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Acceptance of Cezanne Court into the State Secondary System SUBMITTED BY: Arnold Covey Director of Community Development Elmer C. Hodge & J1 County Administrator APPROVED BY: COUNTY ADMINISTRA T:::::;: ~ SUMMARY OF INFORMATION: Strauss Construction Corporation, developer of The Gardens of Cotton Hill, Sections 5 & 6, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.24 mi. of Cezanne Court from its intersection with Matisse Lane (Route 1280) north to its cul-de-sac. Roanoke County staff has inspected this road along with representatives from the Virginia Department of Transportation (VDOT) and find the road acceptable. FISCAL IMPACT: No county funding is required. AL TERNA TIVES: 1) Approve the resolution requesting that VDOT accept Cezanne Court into the State Secondary System. 2) Do not approve the resolution and leave Cezanne Court a private road. 3-3 STAFF RECOMMENDATION: Staff recommends that the Board approve the resolution accepting Cezanne Court into the State Secondary System. 2 Y~3 THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 16TH DAY OF NOVEMBER 2004, ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF CEZANNE COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form SR-5(A), fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Reauirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: Yeas: Nays: A Copy Teste: Diane S. Childers, Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. J-3 l ---- ... -;:;'----, "\ IM""- "\ "\ "\ Length: 0.2449 Miles No. of Homes Served: 31 TAX MAP NO.__~6.:.P"L__------ . 1"=200' SCALE._--------- PLAT SHOWING Aceceptance of Cezanne Ct. into the Virginia Department of Transportation Secondary System PREPARED BY: ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT DATE:_LO-27-l>4 i Form SR-:'i(^) (2/1/9~) ~ 5fCONOA"Y "o,t[~mY" ADDITIONS FORM SR-5{A) - Proposed Additions to the Secondary System of Siale HIghways ^l\AehmenllO (ch..ck cne cnly) B~d of SUpeMlorl1l4l8c1uUon 0 Surely Instrumenl Oðted: ~Uilp~ . Attachmenl .Name of SubdivisIon: G~~s- o~Q,4.'1l{.jL9d.. S ~ 01 .-£ County All. Ncune or Street Streel ^ddition TllfTTllnl A.O-W Miseellaneoul Not... MdiUcnlongth No. WIdth (It) Centodln.. Mil... Fr4JJk..-,pc...LcQr, ¡.tJr~~ Mtt..f.;S$e. L,.. (~~ 'z.tjO') I Ce &:it? J1€. c+ To: (1,1. - d~ -"D..r 101 ð. 2.1 "7 ,11191 r~t-- /'1 PIal Recorded Oalo: . : Page: 11.."Z.- From: ~ To: PIal Aeccrded Dele: Deed Book: Page: From: :I To: PI"I Reccrded 0,,1..: Deed Book: Page: From: ~ To: PIal Reccrded Ooto: Ooed Book: Pog..: from: 5 To: PIal Recorded Oat..: Deed Book: Page: From: 6 To: Plot Recorded O"te: Deed Book: Page: from: 7 To: Plat Aeecrded OllIe: Deed Book:. P"ge: Notel: GuGlanlet>d widlh or right of way o.eluslvo of any necessary eolemenls lor CUll, fills, and drAInage. TotAl Mileage o,zci CERTIFICA nON OF A TTACHUENT This allachmoolls c8l1JOe<l as a part or the document Indicated above: II."'" .nd Tld.) ~I ¡ Cd -v ACTION NO. ITEM NO. J-l\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request to adopt a resolution fixing the compensation that may be received by non-employee members and non-elected officials of the boards of the Western Virginia Water Authority and the Roanoke Valley Resource Authority SUBMITTED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At their meeting on August 27,2004, the Western Virginia Water Authority (WVWA) voted to pay eligible board members $250 a month, and to communicate this to the City and the County asking them to fix the compensation in accordance with statute. According to State statute (Section 15.2-5113(C)), authority board members may receive such compensation as fixed by resolution of the governing bodies. The attached resolution defines eligible board members as those that are not staff or elected officials of the City of Roanoke or the County of Roanoke. In addition, the resolution includes authorization for the Roanoke Valley Resource Authority (RVRA) to pay their board members according to the same guidelines, if they so choose. The Town of Vinton will also need to adopt an authorizing resolution before the RVRA can pay their board members. The City of Roanoke will be considering a similar resolution. FISCAL IMPACT: The compensation of authority board members will be an expense ofthe WVW A and/or the RVRA. The compensation will be $3,000 per eligible board member per year. There are currently 3 citizen representatives on the WVWA and 3 citizen representatives on the ~-~ RVRA. Board members who are staff or elected officials of the governing bodies will not receive compensation. STAFF RECOMMENDATION: Staff recommends adopting the attached resolution fixing the compensation for eligible board members of the WVWA and the RVRA at $250 per month. '-""" ...c:. f -1-- .~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, NOVEMBER 16, 2004 RESOLUTION FIXING THE COMPENSATION THAT MAY BE RECEIVED BY NON-EMPLOYEE MEMBERS AND NON-ELECTED OFFICIALS OF THE BOARDS OF THE WESTERN VIRGINIA WATER AUTHORITY AND THE ROANOKE VALLEY RESOURCE AUTHORITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, pursuant to the provisions of §15.2-5113.C, Code of Virginia, the governing bodies who appoint members of the boards of the Western Virginia Water Authority and the Roanoke Valley Resource Authority are authorized to fix by resolution compensation for the members of such boards; and WHEREAS, Council and the Roanoke County Board of Supervisors desire to fix the compensation for the board members of the Western Virginia Water Authority and the Roanoke Valley Resource Authority, but to limit such compensation to members who are not employees or elected officials of such jurisdictions. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. A monthly sum of $250 is hereby fixed as the amount of compensation that may be received by members of the boards of the Western Virginia Water Authority and the Roanoke Valley Resource Authority, provided that such members are not employees or elected officials of the City of Roanoke or the County of Roanoke. 2. This resolution shall be in full force and effect on and after January 1 , 2005. ACTION NO. ITEM NO. T-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request from the Police Department to accept and appropriate a grant (donation) in the amount of $8,900 from the Loyal Order of the Moose to purchase a new total mapping station APPROVED BY: James R. Lavinder Chief of Police Elmer C. Hodge ê Jf County Administrator SUBMITTED BY: COU NTY AD M I N ISTRA TO~: ~ SUMMARY OF INFORMATION: The Roanoke County Police Department was awarded a grant (donation) from the Loyal Order of the Moose, Vinton, VA, for $8,900. The grant will be used to purchase a new total mapping station. This device will be used to aid in the reconstruction of traffic crashes and crime scenes. FISCAL IMPACT: The Loyal Order of the Moose, Vinton, VA, has provided a grant in the amount of $8,900 with no matching funds. ALTERNATIVES: None STAFF RECOMMENDATION: The staff recommends acceptance and appropriation of the Loyal Order of the Moose grant in the amount of $8,900. ACTION NO. ITEM NO. J-lo AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request from the Police Department to accept and appropriate a grant in the amount of $6,000 from the Court Community Corrections Alcohol Safety Action Program SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: Elmer C. Hodge f /I County Administrator COUNTY ADMINISTRAT~ ~ SUMMARY OF INFORMATION: The Court Community Corrections Alcohol Safety Action Program has allocated $6,000 to the Police Department to combat aggressive driving. $5,000 will be used to pay overtime salaries to officers assigned to work selective and targeted patrols. $1,000 will be used to provide training on aggressive driving and the Highway Safety Corridor to members of the criminal justice community. FISCAL IMPACT: Court Community Corrections has provided a grant in the amount of $6,000 with no matching funds required. ALTERNATIVES: None STAFF RECOMMENDATION: The staff recommends acceptance and appropriation of the Court Community Corrections grant in the amount of $6,000. ACTION NO. ITEM NO. 3-11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request to approve the execution of a contract to provide Commonwealth Attorney services to the Town of Vinton for $6,000 and appropriation of funds SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Elmer C. Hodge ~ A1~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: In the past, the prosecution of criminal cases including traffic infractions, misdemeanors, and preliminary hearings of felony cases, for the Town of Vinton were heard in the Vinton municipal building. Beginning July 1,2004, the judges of the General District Court wanted these cases heard in the Roanoke County courthouse in the City of Salem. This eliminated the need for the judges, clerks, and sheriff's deputies to travel to Vinton for these cases. In addition, by staying in the Roanoke County courthouse, the clerks had available computer access. While the cases were in Vinton, they were handled by the Town's Attorney; however with the move to the County courthouse, the travel became prohibitive for the Town Attorney. The Town of Vinton approached the County Commonwealth's Attorney, Randy Leach, about handling the Town cases through his office. An agreement was reached to provide these services to the Town for $6,000 annually. This money will be paid as a salary supplement to the four Assistant Commonwealth's Attorneys, who will be adding these cases to their existing workload. The Commonwealth's Attorney's Office has been handling the Town of Vinton cases, as well as cases in Juvenile and Domestic Relations Court and in the Court of Appeals of Virginia on petitions for writ of error, and also acting as a legal advisor on criminal issues for ~-ì the Town's Police Department since July 1, 2004. Because of the need to help the Town with this change, the services were provided while the contract was being written. The attached contract outlines the arrangement. Once the contract is approved, the Town will pay the County $6,000, and the Assistant Commonwealth Attorneys will be paid retroactively for their work. This contract is for a one year period but it can be renewed annually. FISCAL IMPACT: The Town will pay the County $6,000 to provide legal services for the 2004-05 fiscal year. This money will be paid to the four Assistant Commonwealth's Attorneys as a supplement of $53.60 per pay period. The $6,000 will also cover the employer portion of the FICA tax for these employees. STAFF RECOMMENDATION: Staff recommends the following: 1. Approve the attached contract for the County Commonwealth's Attorney Office to provide legal services to the Town of Vinton 2. Appropriate a revenue of $6,000 from the Town of Vinton, and appropriate increased expenditure of $6,000 for salary supplements and FICA for the Commonwealth's Attorney's Office 3-; CONTRACT FOR PROFESSIONAL LEGAL SERVICES BE IT KNOWN TRA T this agreement is entered into by and between the Town of Vinton, Virginia (hereinafter sometimes referred to as "Town") and Roanoke County Commonwealth's Attorney (hereinafter sometimes referred to as "Counsel"). Counsel hereby agrees to furnish the following services: Representing the Town in the prosecution of criminal cases, including but not limited to traffic infractions, misdemeanors, civil and mental hearings, and preliminary hearings of felony cases, as well as cases in Juvenile and Domestic Relations Court, and in the Court of Appeals of Virginia on petitions for writ of error. Counsel will also act as a legal advisor on criminal issues for the local law enforcement (Town of Vinton Police Department). The scope of this contract does not include litigation or proceedings arising out of or involving tort or worker's compensation. These legal services are to be provided under the immediate supervision of the Roanoke County Commonwealth's Attorney, Edwin Randy Leach, III. In consideration of services described hereinabove, the Town hereby agrees to pay the Counsel $6,000 per annum to be used as follows: 1. Each of the four attorneys listed in Attachment A will receive a pay supplement of $53.60 per pay period. Based on 26 pay periods per year, this amounts to an annual supplement of$1500 each (including the employer portion of FICA tax at $4.10 per pay period). 2. Any amounts remaining, due to turnover in the office, may be used by Counsel for other office expenses, related to Vinton cases. Upon execution of the contract, the Town should mail a check in the amount of$6,000 to the County of Roanoke, Attention Ms. Diane D. Hyatt, PO Box 29800, Roanoke, VA 24018. At least semi-annually, Council will provide a summary of cases handled by Council, showing a breakdown of the cases handled on behalf of the Town of Vinton. The County of Roanoke will include the pay supplement on the County payroll checks for the attorneys listed on Attachment A. Any change in attorneys will require an amendment to Attachment A, which will need to be signed by the County Chief Financial Officer, in order to insure that the payroll change is made. A copy of this amendment will by mailed to the Town of Vinton, Attention Mr. Kevin Boggess, 311 South Pollard Street, Vinton, VA 24179. This contract is for a one year period only, commencing July 1,2004 and ending on June 30, 2005. This contract may be renegotiated on an annual basis. This contract should be renegotiated thirty days before the beginning of the new fiscal year in order to insure the continuation of the payroll supplement to the individual attorneys. S-"7 All records, reports, documents and other material delivered or transmitted to Counsel by Town shall remain the property of Town, and shall be returned by Counsel to Town, at Counsel's expense, at termination or expiration of this contract. All records, reports, documents, pleadings, exhibits or other material related to this contract and/or obtained or prepared by Counsel in connection with the performance of the services contracted for herein shall become the property Town, and shall, upon request, be returned by Counsel to Town, at termination or expiration of this contract. The Town and Counsel acknowledge and agree that the Department of Justice has the right to review all records, reports, worksheets or any other material of either party related to this contract. The Town and Counsel further agree that they or either of them will furnish to the Department of Justice, upon request, copies of any and all records, reports, worksheets, bills, statements or any other material of Counsel or Town related to this contract. Counsel agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and counsel agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Counsel agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. IN WITNESS WHEREOF, the parties have executed this Agreement as of this day of TOWN SIGNATURE: Title: COUNSEL SIGNATURE : Title: ROANOKE COUNTY SIGNATURE : Title: ACTION NO. T-g ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request to approve the execution of an amendment to protective covenants, Mountain View Farm Technological Park SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: Roanoke County recently acquired 4.83 acres of real estate (Tax Map No. 28.13-1-27.5) located on Hollins Road for park purposes from Norman D. Mason. This parcel was originally part of a larger tract developed by the County and known as the Mountain View Farm Technological Park. The property was rezoned in 1983 to 11 with protective covenants. The County is in the process of rezoning this property from 11 to R1 and this board report requests approval to execute a modification of the protective covenants on the 4.83 acres. Pursuant to the protective covenants, Roanoke County has secured the approval of Cardigan, LLC and DePaul Family Services, Inc. as required by the termination and modification provisions. Attached as Exhibit A you will find the amendment to protective covenants. STAFF RECOMMENDATION: Staff recommends that the Board approve the execution of the amendment to protective covenants and authorize the County Administrator, or Assistant County Administrator, to execute said document. Attachment A Tax Map No. 28.13-1-27.5 s-~ AMENDMENT TO PROTECTIVE COVENANTS MOUNTAIN VIEW FARM TECHNOLOGICAL PARK This Amendment to the Protective Covenants of the Mountain View Technological Park, made effective as of this - day of , 2004, by the Roanoke County Board of Supervisors; Cardigan, LLC; and DePaul Family Services, Inc., hereinafter referred to as the Owners. WHEREAS, the Owners are all of the owners 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 aforesaid in 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 Anew tract B-1A-2 - 4.83 acres@ upon the 'Plat Showing the Resubdivision of Property 1 Attachment A ~--~ of Norman D. Mason Creating Hereon New Lots New Tract "B-1A-1" (2.33 acres), New Tract "B-1A-2" (4.83 acres), Being Original Tract "B-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 admíIÚstrator of Roanoke County, Virginia, on behalf of the Board of Supervisors of Roanoke County, Virginia, pursuant to Action # 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: PaulM.Mahoney County Attorney 2 CARDIGAN, LLC By ..,.... \ \. ...J -- \ . Attachment A 8 State of of , to-wit: The foregoing instrument was acknowledged this , 2004, by , its behalf of Cardigan, LLc. day of , on Notary Public 3 DePAUL FAMILY SERVICES, INc. By Attachment A - '\"\ ~'o. ~ State of of , to-wit: The foregoing instrument was acknowledged this , 2004, by , its behalf of DePaul Family Services, Inc. Notary Public day of , on 4 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Unaudited Balance at June 30, 2004 Amount $9,738,285 July 1, 2004 Explore Park Loan Repayment 20,000 Balance at November 16, 2004 9,758,285 Changes below this line are for information and planning purposes only. Balance from above $9,758,285 $9,758,285 N-\ % of General Fund Revenues 6.61% 6.63% 6.63% Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 2004 - 2005 General Fund Revenues $147,255,793 6.25% of General Fund Revenues $9,203,487 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge é/J County Administrator N-Q CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Unaudited Balance at June 30, 2004 $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 November 16, 2004 $5,192,988.22 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ê II County Administrator 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 October 26,2004 Appropriation for participation in a libarary study (29,700.00) with the City of Roanoke Balance at November 16, 2004 $43,300.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge l fI County Administrator N-J N-4 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 November 16, 2004 $ 670,000 1,113,043 2,000,000 321,772 2,000,000 2,000,000 (1,219,855) 780,145 495,363 2,000,000 (1,801,579) 198,421 2,000,000 (465,400) 116,594 1,651,194 2,000,000 (2,592, 125) (592,125) 2,000,000 (2,202,725) (202,725) 2,000,000 (4,192,701) (2,192,701) $ 6,242,387 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ê II County Administrator ACTION NO. ~-~ ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Accounts Paid - October 2004 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: Elmer C. Hodge tll County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors Payroll 10/08/2004 Payroll 10/22/2004 Manual Checks Voids Grand Total Direct Deposit Checks Total $ $ $ 3,369,995.18 803,370.60 125,177.90 928,548.50 785,613.50 125,868.38 911,481.88 1,748.43 1,748.43 $ 5,211,773.99 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. FIN 162 County of Roanoke, Virginia Page 1 8:22:45AM Date 11/8/2004 Schedule of Expenditures, Encumbrances and Appropriations For the 04 Month Period Ended 10/31/04 Year to Date Expend Expenditures & Ene"mb Monthly Outstanding & Encumbrance Unencumbered asa%of Fund 100 General Fund Budget Expenditures Encumbrance Year to Date nalance Budget 0101 Legislative 347,103.00 37,271.58 5,792.50 140.838.19 206,264.81 40.58 0102 General & Financial Administra 9,455,029.00 689,501.84 41,764.06 3,169,944.91 6,285,084.09 33.53 0103 Electoral Board & Officials 274,931.00 21,825.50 O.(() 62,209.30 212,721.70 22.63 0100 General Government Administrat 10,077,063.00 748,598.92 47,556.56 3,372,992.40 6,704,070.60 33.47 0201 Courts 1,152,789.Q4 77,795.88 144.48 310,546.05 842,242.99 26.94 0202 Other Judicial Support 755,875.00 58,495.49 O.(() 234,946.11 520,928.89 31.08 0200 Judicial 1,908,664.04 136,291.37 144.48 545,492.16 1,363,171.88 28.58 0301 Law Enforcement & Traffic Cont 11,184,569.57 1,051,830.65 246,860.02 3,920,581.86 7,263,987.71 35.05 0302 Fire and Rescue 9,46],3]1.8] 688,548.27 76,869.30 2,738,554.76 6,722,757.05 2895 0303 Correction & Detention 5,929,354.00 435,403.18 12,405.48 1,649,546.51 4,279,807.49 27.82 0304 Animal Control 407,490.00 27,890.66 5,267.97 120,967.62 286,522.38 29.69 0300 Public Safety 26,982,725.38 2,203,672.76 341,402.77 8,429,650.75 18,553,074.63 31.24 040] General Services 395,545.00 25,214.27 5],072.66 172,337.02 223,207.98 43.57 0402 Refuse Disposal 4,619,528.00 369,527.70 144.48 1,163,402.12 3,456,125.88 25.]8 0403 Maint Buildings & Grounds 3,421,949.00 294,919.19 9,774.73 1,070,273.99 2,351,675.01 31.28 0404 Engineering 2,567,682.00 182,695.30 24,685.16 1,137,295.37 1,430,386.63 44.29 0405 Inspections 924,777.00 ]09,137.88 0.00 320,545.53 604,231.47 34.66 0406 Garage Complex 346,392.00 27,983.70 2,430.00 84,565.21 261,826.79 24.41 0400 Public Works 12,275,873.00 1,009,478.04 88,107.03 3,948,419.24 8,327,453.76 32.16 0501 Mcntal Hcalth 32,475.00 354.52 0.00 21,730.23 10,744.77 66.91 0503 Public Health 459,403.00 0.00 0.00 0.00 459,403.00 .00 0504 Socia] Services Administration 3,905,586.00 299,073.91 88.18 1,223,219.06 2,682,366.94 31.32 0505 Comprehensive Services Act 5,037,171.00 378,884.27 0.00 894,136.46 4,143,034.54 17.75 0506 Public Assistance 2,619,500.00 286,950.19 0.00 1,081,146.97 1,538,353.03 41.27 0507 Institutional Care 33,100.00 31,207.09 0.00 31,207.09 1,892.91 94.28 0508 Socia] Services Organizations 168,585.00 59,292.50 0.00 59,292.50 109,292.50 35.17 0500 Health and Welfare 12,255,820.00 1,055,762.48 88.18 3,310,732.31 8,945,087.69 27.01 Z I ç- FIN162 County of Roanoke, Virginia Page 8:22:45AM Dat, IllS/20M Schedule of Expenditures, Encumbrances and Appropriations For the 04 Month Period Ended 10131/04 Year to Date Expend Expenditures & Encumb Monthly Outstanding & Encumbrance Unencumbered asa"!oof Fund 100 General Fund Budget Expenditures Encumbrance Year to Date Balance Budget 0601 Parks & Recreation 3,520,944.00 304,313.51 1,137.25 1,191,682.34 2,329,261.66 33.85 0602 Library 2,266,550.00 183,893.70 577.92 696,423.41 1,570,126.59 30.73 0603 Cultural Enrichment 167,068.00 29,344.00 0.00 129,760.00 37,308.00 77.67 0600 Parks, Recreation & Cultural 5,954,562.00 517,551.21 1,715.17 2,017,865.75 3,936,696.25 33.89 0701 Planning & Zoning 619,150.00 38,181.55 0.00 178,702.78 440,447.22 28.86 0702 Cooperative Extension Program 94,129.00 420.22 0.00 1,355.11 92,773.89 1.44 0703 Economic Development 615,981.00 46,294.24 1,495.00 286,802.22 329,178.78 46.56 0705 Contribution to Human Service 95,050.00 1,700.00 0.00 84,116.00 10,934.00 88.50 0700 Community Development 1,424,310.00 86,596.01 1,495.00 550,976.11 873,333.89 38.68 0801 Employee Benefits 1,068,244.00 28,479.68 0.00 117,639.78 950,604.22 11.01 0802 Dixie Caverns Landfill Cleanup 35,000.00 1,676.67 0.00 5,040.82 29,959.18 14.40 0803 Miscellaneous 2,744,267.00 225,140.86 0.00 900,405.46 1,843,861.54 32.81 0804 Tax ReliefJElderly & 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 91,000.00 0.00 0.00 0.00 91,000.00 .00 0800 Non-Departmental 4,778,511.00 255,297.21 0.00 1,023,086.06 3,755,424.94 21.41 0901 Interfund Transfers Out 71,820,565.00 4,172,831.87 0.00 4,739,621.39 67,080,943.61 6.60 0902 Intrafund Transfers Out 994,900.00 17,775.17 0.00 51,354.64 943,545.36 5.16 0900 Transfers Out 72,815,465.00 4,190,607.04 0.00 4,790,976.03 68,024,488.97 6.58 Grand Totals 148,472,993.42 10,203,855.04 480,509.19 27,990,190.81 120,482,802.61 18.85 <- I Q FINDS] County of Roanoke, Virginia Page 8:19:37AM Date 11/812004 Statement of Estimated and Actual Revenues For the 04 Month Period Ended 10/31/04 Year to Date Revenues Monthly Year to Date Unrealized as a % DC Fund 100 General Fund Budget Revenues Revenues Balance Budget 010 Real Estate Taxes 64,475,000 1,493,839 4,009,935 60,465,065 6.22 011 Personal Property Taxes 25,464,846 35,153 321,174 25,143,672 1.26 012 Public Service Corp Base 2,530,000 2,530,000 .00 013 Penalities & Interest On Prope 600,000 36,978 110,371 489,629 18.40 014 Payment In Lieu Of Taxes 120,000 410 119,590 .34 020 Local Sales Tax 7,400,000 599,130 1,807,297 5.592,703 24.42 021 Consumers Utility Tax 6,955,377 815,350 1,986,447 4,968,929 28.56 022 Business License Tax 5,050,000 28,341 179,250 4,870,750 3.55 023 Franchise Tax 1,240,000 493,376 746,624 39.79 024 Motor Vehicle License Fees 1,760,000 16,596 91,877 1,668,123 5.22 025 Taxes On Recordation & Wills 1,195,000 161,634 336,755 858,245 28.18 026 Utility License Tax 470,000 51.581 103,584 366,416 22.04 027 Hotel & Motel Room Taxes 625,000 110,423 195,197 429,803 31.23 028 Taxes - Prepared Foods 2,860,000 238,994 744,276 2,115,724 26.02 029 Other Taxes 110,000 8,412 31,248 78,752 28.41 030 Animal Control Fees 28,177 392 4,525 23,652 16.06 031 Land and Building Fees 293,700 25,643 99,304 194,396 33.81 032 Permits 243,650 19,866 109,977 133,673 45.14 034 Fees 43,050 3,784 23,764 19,286 55.20 037 Clerk of Court Fees 46,732 4,119 12,616 34,116 27.00 038 Photocopy Charges 25,000 203 24,797 .81 039 Fines and Forfeitures 599,200 53,994 189.561 409,639 31.64 040 Revenues from Use of Money 400,000 40,571 79,032 320,968 19.76 041 Revenues From Use of Property 11,833 1,946 5,790 6,043 48.93 042 Charges for Services 3,548,054 269,605 967,318 2,580,736 27.26 048 Charges for Public Sevices 2,694,267 261,117 1,035,381 1,658,886 38.43 050 Reimb-Shared Programs Salem 319,000 26,801 26,801 292,199 8.40 051 Miscellaneous Revenue 53,250 19,022 307.102 253,852- 576.72 056 Recovered Costs 750,189 46,795 71,141 679,048 9.48 060 Non-Categorical Aid 233,000 86,633 431,876 198,876- 185.36 061 Shared Expenses 4,879,037 552,393 1,488,866 3,390,171 30.52 064 Welfare & Social Servies-Categ 1,960,000 499,227 1,839,260 120,740 93.84 073 Other State Categorical Aid 5,379,448 206,433 724,584 4,654,864 13.47 080 Welfare & Social Services 2,677,177 321,960- 2,999,137 12.03- Z 086 Other Categorical Aid 666,048 30,671 277,031 389,017 41.59 l 092 Other Financing Sources 107,424 107,424 .00 0----' 093 Transfers 2,659,535 30,940 104,015 2,555,520 3.91 FI~O53 8:19:37AM Fund 100 General Fund Rcoort Parameters Fiscal Month Entered: 04 Report Date Entered: 10/31104 Fiscal Year Ending Enter..t 2,005 Grand Total§ County of Roanoke, Virginia Statement of Estim:¡ted and Actual Revenues For the 04 Month Period Ended 10/31104 Monthly Budget Revenues 148,472,993 5,776,384 Year to Date Revenues Unrealized Balance Page Date 11/8/2004 17,887,385 130,585,608 Year to Datc Revenues as a % of Budget 12.05 2: I Ô' ACTION NO. ITEM NUMBER~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16,2004. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of October 31,2004. SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: SUNTRUST CAP 944,429.89 944,429.89 CERTIFICATE OF DEPOSITS: SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 100,000.00 CORPORATE BONDS ALEXANDER KEY FED SUNTRUST CAP 2,180,512.50 298,403.42 2,478,915.92 GOVERNMENT: ALEXANDER KEY FED ALEXANDER KEY - Sub Acct SUNTRUST-CAP 41,050,796.56 4,341,506.00 11,657,142.78 57,049,445.34 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 12,169,813.77 12,169,813.77 MONEY MARKET: ALEXANDER KEY FED ALEXANDER KEY - Sub Acct SUNTRUST - CAP SUNTRUST - SWEEP WACHOVIA 6,624,724.96 45,914.23 2,313,797.81 5,189,119.50 2,321,689.86 16,495,246.36 89,237,851.28 TOTAL County of Roanoke Economic Development Report For the Month Ended October 31, 2004 I Permits Issued Value I I Permits Issued Value I I Permits Issued Value Permits Single family residential (detached) 47 $3,461,393 53 $2,921,428 467 $29,119,526 Single family residential (attached) 10 492,178 0 0 49 2,086,218 Multi-family (apartment/duplex) 3 162,423 0 0 2 103,463 Hotels/motels - 0 0 0 0 0 Am u seme nt/socia I/recreati 0 n - 0 0 0 0 0 Churches/religious - 0 0 0 2 1,210,975 Industrial buildings - 0 1 391,566 2 7,030,585 Parking garages - 0 0 0 0 0 Service stations - 0 0 0 1 156,288 Hospitalslinstitutional - 0 0 0 1 205,012 Offices/ba nks/ professi on al - 0 1 126,746 3 411 ,230 Public works/utilities - 0 0 0 0 0 Schools/educational - 0 0 0 0 0 Stores (retail) customer service - 0 0 0 2 1,690,608 Other buildings/structures 13 91,384 8 119,138 138 3,349,100 Additions/alterations (residential) 66 742,335 41 400,373 479 4,279,816 Additions/alterations (commercial) 11 635,868 7 196,830 101 4,523,533 Demolitions 4 12,500 3 11 ,250 38 336,200 TOTAL 154 $5,598,081 114 $4,167,331 1,285 $54,502,554 1 Z I 00 County of Roanoke Economic Development Report For the Month Ended October 31, 2004 Permits Issued Value Permits Issued Value Permits Issued Value Fees Collected The following portion of this report reflects all permits issued, refunds, courtesy permits and deleted permits, and monies collected. Figures for prior periods on this report may not match previous reports if further transactions have been made to permits since the original reports were printed. Building permits 156 $28,900 115 $22,092 1,278 $239,950 Electrical permits 146 6,714 151 7,777 1,384 70,897 Plumbing permits 99 5,303 83 4,408 881 50,505 Mechanical permits 96 5,032 83 4,680 786 55,032 Signs 5 149 8 264 139 4,810 Re-inspection for construction 7 175 3 75 25 650 TOTAL 509 $46,273 443 $39,296 4,493 $421,844 Examinations - $0 - $0 - $0 Certificates of occupancy 18 360 11 215 109 2,315 18 $360 11 $215 109 $2,315 < \ 0(:). 2 ACTION NO. ~ ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Work session to discuss the six-year secondary system construction plan for fiscal years 2005-2011 and review of the revenue sharing priority list for fiscal years 2005-2006 SUBMITTED BY: Arnold Covey Director of Community Development Department APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following summarizes the changes made to this year's six-year secondary construction plan, revenue sharing priority list, and rural addition priority list. Roanoke County received $3.07 million in VDOT allocations last year for secondary road projects. Roanoke County's budget for FY 2005-2006 is estimated to be approximately $2.72 million (a decrease of nearly $350,000). As a review, there are two funding categories in the six-year plan: County-wide incidental construction items and numbered projects. County-wide incidental construction items include any operation, usually constructed within one year, which changes the type, width, length, location, or gradient of a road, facility, or structure. It could also include the addition of features not originally provided for such road, facility or structure. Services included under this category include subdivision plan review, right-of-way engineering, preliminary engineering and surveys, traffic services, to name a few. Another item included in this category is the rural addition program. Ofthe $290,000 that Roanoke County is allocated for this category, $135,000 is appropriated to rural addition roads. ?-I Rural Addition projects - there were no new rural addition projects added to the priority list this year. Staff continues to work on the rural addition projects that are on the list, and there are still many to resolve. After much effort and deliberation, Artrip Lane and Indian Hill Road will be removed from the list without successfully getting them adopted into VDOT's maintenance system. The bulk of Roanoke County's allocation of funds, approximately $2.35 million, is for Numbered Projects which are the projects commonly referred to as "being on the six-year plan". Priority projects numbered 0 through 5, 7,8, and 15 are scheduled to receive funding this year. They include the following: Indian Grave Road, Hollins Road, McVitty Road, Old Cave Spring Road, Colonial Avenue, Buck Mountain Road, Mountain View Road, Boones Chapel Road, and Rocky Road. Roanoke County normally handles minor construction items that can be completed generally within one year, such as pavement overlays, drainage improvements, and minor curve improvements through our revenue sharing program. Staff will again be requesting the maximum allocation of $500,000 matching funds for the FY 2005-2006 revenue sharing program from the Commonwealth of Virginia. The complete six-year secondary system construction plan for FY 2005- 2011 and revenue sharing priority list for FY 2005-2006 will available for your review and staff will be available to discuss the plan. FISCAL IMPACT: No fiscal impacts to County funds are involved at this time. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors authorize staff to schedule a public hearing on the six-year secondary road construction plan for FY2005-2011 and revenue sharing priority list for FY2005-2006 to be held December 21,2004. ACTION NO. ITEM NO. P-Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Work session to review the drainage maintenance program SUBMITTED BY: Arnold Covey Director of Community Development Elmer C. Hodge t ff County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staff will present an overview of the drainage maintenance program. The work session will consist of the following: . History of the drainage program . Drainage complaint procedure . Maintenance responsibilities . Review project list . Review of the 1995 Regional Storm Water Master Plan STAFF RECOMMENDATION: Staff recommends that the new priority list of drainage projects be adopted at the Roanoke County Board of Supervisors meeting on December 7,2004. Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 16, 2004 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia. that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. ACTION NO. ITEM NO.-ß.::..L- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: SUBMITTED BY: Request to authorize the execution of a memorandum of agreement among the Federal Highway Administration, the Virginia State Historic Preservation Officer, the Virginia Department of Transportation, and the National Park Service regarding the Interstate 73 Corridor - Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia Elmer C. Hodge ¿f~ (f ~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Transportation (VDOT) has invited Roanoke County to participate in attempts to mitigate potential adverse effects of the proposed Interstate 73 crossing of the Blue Ridge Parkway through the implementation of a memorandum of agreement (MOA). VDOT and the Federal Highway Administration intend to mitigate the adverse effect to the Blue Ridge Parkway through consultation with a variety of parties to insure that the design and aesthetic treatment of the proposed Interstate 73 crossing are compatible with the historic character of the Blue Ridge Parkway. The MOA provides the various parties an opportunity to participate in the design process by consulting with the signatories during the project scoping conducted prior to initiation of preliminary of design and by providing the signatories an opportunity to review and comment on preliminary and detailed design plans. The signatories will also have an opportunity to review and comment on the compatibility of the final plans for the Interstate 73 crossing of the Blue Ridge Parkway with the historic character of the Blue Ridge Parkway. Each signatory shall have 30 calendar days to respond to VDOT on the plans. Failure to respond within this time period may result in VDOT assuming that signatory's concurrence. 1 ~_I FISCAL IMPACT: Fiscal impact will involve the cost of staff time in reviewing the preliminary and detailed design plans within the limited period of time available. AL TERNATIVES: 1. Authorize the County Administrator to execute the MOA on behalf of the County. 2. Refuse to authorize execution of the MOA and decline the opportunity to consult, review, and comment on the preliminary and detailed design plans. STAFF RECOMMENDATION: It is recommended that the Board authorize the County Administrator to execute the memorandum of agreement on behalf of Roanoke County. 2 COMMONWEALTH of VIRGINIA PHILIP A. SHUCET COMMISSIONER DEPARTMENT OF TRANSPORTATION PO BOX 3071 SALEM. VA 24153-0560 RICHARD L. CAYWOOD, P.E. DISTRICT ADMINISTRATOR October 21, 2004 Ms. Kathleen S. Kilpatrick ATrN: Mr. Marc Holma, Office of Review and Compliance Virginia Department of Historic Resources 2801 Kensington Avenue Richmond, Virginia 23221 Route: 1-73 Project: 0073-962-F01, PE1O1 County: Multiple Funding: Federill Doc. Type: E1S PPMS: 16596 DHRFile No.: 1994-0572 Dear Ms. Kilpatrick: The Virginia Department of Transportation (VDOT) has recently completed the identification process for the Interstate 73 Corridor project. On July 15,2004, the Commonwealth Transportation Board (CTB) rescinded its approvill of the previous Approved Location Corridor (ALC) alternatives and approved a revised ALC that consisted of Alternatives 374, 375,118, ll8B, 118C, 400, 153, 202A, 385, 369, 373,333, and 398. Based on this revised ALC, the VDOT seeks Virginia Department of Historic Resources' (VHDR) concurrence on the effect that the proposed Interstate 73 Corridor will have on historic properties. VDOT has previously coordinated with the VDHR regarding the eligibility of the various cultural resources that were recorded during identification efforts for this project. A brief summary of these identification efforts and VDOT's previous coordination with VDHR is provided below. Architecture Results of the identification survey of architectural resources eligible for the Nationill Register of Historic Places (NRHP) was submitted to the VDHR by letter dated July 5, 2000. This letter 'transmitted the report, 1- 73 Location Study: Bedford, Botetour~ Henry, VirginiaDOT.org WE KEEP VIRGINIA MOVING R-J Ms. KS. Kilpatrick October 21, 2004 Page Two Franklin, Roanoke Counties, Virginia, Identification and Evaluation of Historic Properties: Buildings, Districts, Structures, and Objects, (1999) prepared by Joanna Carter Jones, Loretta Lautzenheiser, Maral Kalbian, and Debra McClane of Coastal Carolina Research, Inc. (CCR). On October 1, 1999, VDHR concurred with VDOT that the following eight properties that are located within the area of potential effect (APE) for the now revised ALC are eligible for the NRHP: Blackard-Trent House (#044-5055) - Segment 333; Blue Ridge Parkway (BRP) and Clearbrook Elementary School (#080-0605) - Segment 118C; Walnut. Street Bridge, Jefferson Street Bridge, and Virginia Passenger Station and Depot (#128- 5461) - Segment 375; Old Southwest Historic District (#128-0049) - Segments 374 & 375; and Norfolk & Western Power Motive Building (#128-5471) - Segment 374. Archaeolo!rV Results of the identification survey of archaeological resources eligible for the NRJll> was submitted to the VDHR by letter dated February 20,2003. This letter transmitted the report, I- 73 Location Study: Bedford, Botetourt, Henry, Franklin, Roanoke Counties, Virginia- Archaeological Survey, (2003) prepared by Mary Ann Holm, John Cooke, and Loretta Lautzenheiser of CCR, Inc. On April 4, 2003, VDHR concurred that 30 of the 36 recorded sites were not eligible for the NRHP and that 16 of the 18 cemeteries were not eligible. Four of the archaeological sites (44RN5, 44RN77, 44RN219, and 44RN220) recommended for further work are now not located within the revised ALC. The remaining two sites, 44HR183 and 44HR184, were subjected to evaluative testing and the results transmitted to VDHR by letter dated July 1, 2004, with recommendations of not eligible for both sites. VDHR concurred with these recommendations by signature on July 30, 2004. VDHR requested that the two remaining cemeteries, Eggleston Cemetery (#044-5157) and the First Baptist Church Cemetery (#128-5783), be further evaluated to determine their eligibility for the NRHP. Additional archaeological survey was conducted on the new segments, Segments 375 and 118C, incorporated into the revised ALC. One archaeological site, 44RN350 was identified on BRP property. On April 30, 2004, VDOT recommended this site not eligible for the NRHP. This letter transmitted the report, I- 73 Location Study, Bedford, Botetourt, Henry, Franklin, Roanoke Counties, Virginia: Archaeological Survey Addendum - Supplemental Archaeological Survey of Segments 375 and llBC, written by Susan E. Bamann and Loretta Lautzenheiser of CCR, Inc. VDHR concurred by letter dated May 24, 2003 that Site 44RN350 was not eligible for the NRHP. Cultural Landscapes and TCPs One additional evaluation of a potential historic resource associated with the Oak Hill Old GenTIan Baptist Brethren Community in Franklin County was conducted by the VDOT. Based on the report, Independent Evaluation of Oak Hill Old German Baptist Brethren Community as a Rural Historic Landscape and a Traditional Cultural Property, Franklin County, Virginia, prepared by Margaret Slater and R. Henry Ward of Parsons Brinckerhoff (PB), VDOT recommended this community as not eligible for the NRHP as a rural historic landscape or as a traditional cultural property. VDHR concurred by letter dated December 18, 2003 that the Oak Hill community was not eligible for the NRHP. f-J Ms. K.S. Kilpatrick October 21, 2004 Page Three Effect Determination In accordance with 36 CFR 800.5(a), theVDOT has applied the criteria of adverse effect to historic properties within the project's area of potential effects. The regulations implementing Section 106 of the National Historic Preservation Act defme an effect as an "alteration to the characteristics of a historic property qualifying it for inclusion in or eligibility for the National Register" [36CFR800.16(i)]. The effect is adverse when the alteration of a qualifying characteristic occurs in a "manner that would diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association" [36 CFR 800.5(a)]. On July 5, 2000, VDOT sent a letter to VDHR addressing anticipated impacts that the proposed Interstate 73 Corridor may have on historic properties. VDHR concurred with VDOT's recommendations by letter on August 11, 2000. Specifically, VDHR concurred with the following recommendations for the properties listed below that are still located within the APE for the revised ALC: 1) Blackard- Trent House (#044-5055): not affected - proposed coITidor will be located over one-quarter mile away and will not be visible from the house; 2) Blue Ridge Parkway (BRP): adversely affected - visual alteration; 3) Clearbrook Elementary (#080-0605): not affected - proposed corridor will stay within existing right-of-way of Route 220; 4) Walnut Street Bridge: not adversely affected - proposed corridor will stay within existing right-of-way of Route 2201I-5 81 ; 5) Jefferson Street Bridge: not adversely affected - proposed corridor will stay within existing right-of-way of Route 2201I-58l; 6) Virginia Passenger Station and Depot (#128-5461): not adversely affected - proposed corridor will stay within existing right-of-way of Route 2201I-581 (*Please note this structure has burned down since this effect coordination); 7) Old Southwest Historic District (#128-0049): not adversely affected - proposed corridor will stay within existing right-of-way of Route 2201I-581 (*Please note that retaining walls may be used to accomplish design within existing right-of-way); and 8) Norfolk & Western Power Motive Building (#128-5471): not affected - proposed corridor will be shifted slightly to the east to avoid any right-of-way acquisition from this property. The Eggleston Cemetery (#044-5157) is a late nineteenth century family cemetery in Henry County with 18 marked interments and 8-10 depressions, with the last interment dated 1998. The cemetery is located along the northern edge of the 300-foot wide APE and will not be impacted by the proposed interstate. The Interstate 73 Corridor will be shifted down along the southern limits of the APE in this area and will not have any direct or indirect impact to the cemetery or its setting. The First Baptist Church Cemetery (# 128-5783) contains over 150 marked and unmarked interments. All the marked interments date to the first half of the twentieth century while the unmarked interments may date to the period 1850-1892 when St. John's Episcopal Church owned the cemetery. The cemetery is located in the northwest R-I Ms. K.S. Kilpatrick October 21,2004 Page Four corner of the heavily urbanized intersection ofI-581 andOrange Avenue in the City of Roanoke. Prior to the construction ofI-581 many of the interments were relocated to Waslúngton Park or Coyner's Springs cemeteries. The Interstate 73 Corridor will stay within the existing I-581/0range Avenue right-of-way and will not have any direct or indirect impact to the cemetery. The proposed Interstate 73 Corridor will have no effect to the Eggleston and First Baptist Church cemeteries. The proposed Interstate 73 crossing of the BRP under the recently revised ALC will now occur in Segment 118C at the existing crossing of the BRP over Route 220. The proposed preliminary design for the crossing of Interstate 73 at the BRP will maintain the proposed six-lane interstate within the existing 160 foot-wide right-of-way of Route 220. The existing bridge carrying the BRP over Route 220 will be replaced with a larger span bridge to accommodate the wider footprint of the proposed interstate. The current bridge (Structure #5009, Federal II) #14824) is a typical box beam-concrete deck bridge built in 1964 and is considered by the National Park Service (NPS) to be a non-contributing feature to the BRP. The existing access ramps on Route 220 will be closed and obliterated with alternative access to the BRP to be determined by the NPS in accordance with their draft management plan for the BRP. Previously, the VDHR concurred in their letter of August 11, 2000 that the proposed Interstate 73 Corridor would adversely affect the BRP. The Federal Highway Administration (FHW A) promptly notified the Advisory Council on Historic Preservation (ACHP) of this adverse effect in a letter dated September 11, 2000. Given the visual alteration involved in replacing the current bridge and improving the existing roadway to interstate standards within Segment 118C of the revised ALC, this proposed undertalcing would diminish the BRP's integrity of setting and feeling. As a result, the proposed Interstate 73 Corridor project will have an adverse effect upon lústoric properties. The VDOT intends to mitigate the potential adverse effect to the BRP through implementation of a Memorandum of Agreement (MOA) developed in consultation with the consulting parties identified for this project by the FHW A. Enclosed is a draft MOA that conveys the general intent of the VDOT and FHW A to mitigate the adverse effect to the BRP through consultation with consulting parties to ensure that the design and aesthetic treatment of the proposed Interstate 73 crossing are compatible with the historic character of the BRP. The VDOT requests the VDHR's comments on this draft MOA, as well as those of the consulting parties receiving the draft MOA by copy of this letter, within 30 days of receipt of this letter. The VDOT would also request that all parties receiving the draft MOA please indicate if they feel that a meeting of all the signatories is necessary to discuss the draft MOA or if, given the nature ofthe historic property and the potential impact of the undertaking, your concerns can be adequately represented through written comments. R-' Ms. K.S. Kilpatrick October 21,2004 Page Five The VDOT invites you to concur with our recommendation that the Interstate 73 Corridor will have an adverse effect on historic properties. Please indicate your concurrence with this recommendation by completing the signature block below within 30 days of receipt of this letter and the attached draft MOA. Please return the 'original signature to this office and provide a copy to Ms. Mary Ellen Hodges in VDOT's Central Office, in Richmond. Thank you for your assistßnce on this project. If you have any questions about this report or the proposed project, please contact me at (540) 387-5237. Sincerely, ~. A. f~QA Bruce R. Penner, RP A Regional Program Manager Cultural Resources - Salem/Staunton Districts BRP: Attachments cc: Ed Sundra, FHW A Don Klima, ACHP Dan Brown, NPS C. Nelson Harris, City of Roanoke EIIn~~'<4~!;1-1Q'g.g~;;;ç;1QlIDtY&QfEB:QãnQke ,J Ann M. Rogers, V AR ,........................................................................ The Virginia Department of Historic Resources concurs with the Virginia Department of Transportation's recommendation on VDOT Project No. 0073-962-FOI, PElOI; PPMS 16596 (VDHR File No. 94-0572) that the proposed Interstate 73 Corridor will have an adverse effect on historic properties, as previously described in regards to the Blue Ridge Parkway. Ms. Kathleen S. Kilpatrick Director, Virginia Department of Historic Resources Virginia State Historic Preservation Officer Date R-I ~'111~"';,',"'".,,',",',',"."",',,,',',',','","'T,"'",'~,,',',','K"",',"','",=, r",.'.hìi,',"""'~,."",:'",',,?"',',:.,' ,,"',: ~~J_í..~1 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, THE VIRGINIA STATE mSTORIC PRESERVATION OFFICER, THE VIRGINIA DEPARTMENT OF TRANSPORTATION, AND THE NATIONAL PARK SERVICE, REGARDING THE INTERSTATE 73 CORRIDOR FRANKLIN, HENRY AND ROANOKE COUNTIES AND ' CITY OF ROANOKE, VIRGINIA WHEREAS, the Virginia Department of Transportation (VDOT) proposes to construct Interstate 73 (VDOT Project No. 0O73-962-FOl, PE101; PPMS 16596; VDHR File No. 94-0572) extending south from Interstate 81 in Roanoke to the Virginia-North Carolina state line, hereinafter referred to as the Project; and WHEREAS, the VDOT anticipates receiving Federal financial assistance for the Project from the Federal Highway Administration (FHW A); and WHEREAS, the FHW A has determined that the provision of fmancial assistance for the Project is an illldertaking as defined in 36 CFR 800.16(y); and WHEREAS, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 V.S.C. 401 and 403) and Section 404 of the Clean Water Act of 1973 (33 V.S.C. 1344), a Department of the Army pennit will likely be required from the Corps of Engineers (Corps), and the Corps has designated FHW A as the lead federal agency to fulfill federal responsibilities illlder Section 106 of the National Historic Preservation Act (16 V.S.C. 470); and W1ffiREAS, the final alignment of the proposed Interstate 73 crossing of the Blue Ridge Parkway (BRP) was approved by the Commonwealth Transportation Board (CTB) on July 15, 2004, and will be located in the vicinity of the existing crossing of Route 220 at the BRP; and WHEREAS, the FHW A, in cooperation with the VDOT, and in consultation with the Virginia State Historic Preservation Officer (SHPO), has determined that the Project will have an adverse effect on the BRP, a property considered eligible for the National Register of Historic Places (National Register); and WHEREAS, the FHW A, with the assistance of the VDOT, has consulted with the Advisory Coilllcil on Historic Preservation (ACHP) and the SHPO, to address the potential effects of the Project on historic properties in accordance with Section 106 of the National Historic Preservation Act (16 V.S.C. 470) and its implementing regulations, 36 CFR Part 800, and in accordance with the 1999 Programmatic Agreement Between the Virginia Departments of Transportation and Historic Resources Concerning Interagency Project Coordination; and Page 1 of 8 f-I Interstate 73 Corridor Franklin, Heruy, and Roanoke Counties and City of Roanoke, Virginia MEMORANDUM OF AGREEMENT WHEREAS, the final design of the proposed Interstate 73 crossing of the BRP has not yet been completed; and WHEREAS, pursuant to 36 CFR 800.2(c)(4), the VDOT and, pursuant to 36 CFR 800.2(c)(5), the National Park Service (NPS), the division of Federal government which manages the BRP, have participated in this consultation, and the FHW A has invited both the VDOT and the NPS to join FHW A, the ACHP, and the SHPO as signatories to this Memorandrnn of Agreement (MOA) pursuant to 36 CFR 800.6(c)(2)(iii); and WHEREAS, pursuant to 36 CFR 800.2(c)(3), the City of Roanoke and the County of Roanoke, and, pursuant to 36 CFR 800.2( c )(5), Virginians for Appropriate Roads (V AR) have participated as consulting parties during the consultation process and have been invited by the FHW A to concur in this MOA; NOW, THEREFORE, the FHW A, the SHPO, and the ACHP agree that this undertaking shall be implemented in accordance with the following stipulations in order to take into account the effects of the undertaking on historic properties. Stipulations The FHW A shall ensure that the following stipulations are implemented: I. Blue Ridge Parkway (BRP) Crossing Design A. The VDOT shall implement the Project so that the major features of the Interstate 73 crossing of the BRP include a divided median interstate with six traffic lanes that will be maintained within the existing 160-foot-wide dedicated right-of-way of Route 220. To minimize the effect of the crossing on the BRP, the VDOT shall ensure that the aesthetic treatment of the Interstate 73 crossing of the BRP--to include aesthetic elements of the bridge carrying the BRP over Interstate 73 and any related landscape or streetscape elements--is compatible with the historic character of the BRP. B. The VDOT shall provide all signatories to this MOA an opportunity to participate in the design process for the Interstate 73 crossing of the BRP by consulting with the signatories during the project scoping conducted prior to initiation of preliminary design and by providing the signatories an opportunity to review and comment on preliminary and detailed design plans. The VDOT shall also provide the signatories an opportunity to review and comment on the compatibility of the final plans for the Interstate 73 crossing of the BRP with the historic character of the BRP. Each signatory shall have 30 calendar days to respond to VDOT on the plans. If a signatory fails to respond to VDOT within 30 calendar days of docrnnented receipt of the plans, the VDOT and the FWHA may assume that signatory's concurrence. C. The VDOT, in conjunction with the FHW A, shall, in a manner consistent with 36 CFR Part 800, complete any additional efforts that may be needed to identify historic properties, apply the criteria of adverse effect, and resolve adverse effects to historic Page 2 of8 {Z-I Interstate 73 Corridor Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia MEMORANDUM OF AGREEMENT properties in the Project's area of potential effects in the vicinity of the Interstate 73 crossing of the BRP. VDOT may initiate these efforts once the design for this area of the project is better developed but shall complete them prior to construction of the Project. II. Late Discoveries of Archaeological Properties In the event that a previously unidentified archaeological resource is discovered during ground-disturbing activities, the VDOT, in accordance with Section 107.l4(d) of VDOT's Road and Bridge Specifications, shall require the construction contractor to halt all construction work involving subsurface disturbance in the area of the resource and in surrounding areas where additional subsurface remains can reasonably be expected to occur. Work in all other areas of the project may continue. The VDOT shall notify the FHW A and the SHPO of the resource within two working days of the discovery. The VDOT's cultural resource staff, or an archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards (48 FR 44739), shall investigate the work site and the resource, and then the FHW A, in conjunction with the VDOT, shall forward to the SHPO an assessment of the National Register eligibility of the resource (36 CFR 60.4) and proposed treatment actions to resolve any adverse effects on the resource. The SHPO shall respond within two working days of receipt of the VDOT's assessment of National Register eligibility of the resource and proposed action plan. The FHW A, in conjunction with the VDOT, shall take into account the SHPO's recommendations regarding National Register eligibility of the resource and the proposed action plan, and then carry out appropriate actions. The VDOT shall ensure that construction work within the affected area does not proceed until appropriate actions are implemented. III. Dispute Resolution A. Should any signatory to this agreement object in writing to the FHW A or the VDOT regarding any plans provided for review pursuant to this MOA, or should any signatory object in writing to the FHW A regarding the manner in which measures stipulated in this MOA are being implemented, the FHW A or the VDOT, as appropriate, shall first consult with the objecting signatory to resolve the objection. If the FHW A determines that the objection cannot be resolved through such consultation, the FHW A or the VDOT, as appropriate, shall then consult with the signatories to this MOA to resolve the objection. If the FHW A then determines that the objection cannot be resolved through consultation, the FHW A shall forward all documentation relevant to the objection to the ACHP, including the FHW A's proposed response to the objection. Within 30 days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: (1) Advise the FHW A that the ACHP concurs in the FHW A's proposed response to the objection, whereupon the FHW A will respond to the objection accordingly; or (2) Provide the FHW A with recommendations, which the FHW A shall take into account in reaching a final decision regarding its response to the objection; or Page 3 of 8 R-I Interstate 73 ColTidor Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia MEMORANDUM OF AGREEMENT (3) Notify the FHW A that the objection will be referred for comment pursuant to 36 CFR 800.7(a)(4), and proceed to refer the objection and comment. The FHW A shall take the resulting comment into account in accordance with 36 CFR 800.7(c)(4). Should the ACHP not exercise one of the above options within 30 days after receipt of all pertinent documentation, the FHW A may assume the ACHP' s concurrence in its proposed response to the objection. The FHW A shall take into account any ACHP recommendation or comment provided in accordance with this stipulation with reference only to the subject of the objection; the FHW A's responsibility to carry out all actions under tIlls agreement that are not the subjects of the objection shall remain unchanged. B. At any time during implementation of the measures stipulated in this MOA, should a member of the public object to the FHW A or the VDOT regarding the manner in which the measures stipulated in this MOA are being implemented, the FHW A shall notify the signatories to this MOA and consult with the objector to resolve the objection. IV. Duration This Agreement will continue in full force and effect for fifteen years. At any time during the six-month period prior to expiration of the Agreement, the FHW A, the NPS, the ACHP, the SHPO, and the VDOT may agree to extend this Agreement with or without amendments. If the FHW A or the VDOT decides they will not proceed with the Project, they may so notify the SHPO, the ACHP' the NPS, and the concurring parties and then this MOA shall become null and void. Execution of this Memorandwl1 of Agreement and implementation of its terms evidence that the FHW A has afforded the ACHP an opportunity to comment on the proj ect and its effects on historic properties, and that the FHW A has considered the effect of the Wldertaking on historic properties. Page 4 of8 R-\ Interstate 73 Corridor Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia MEMORANDUM OF AGREEMENT FEDERAL HIGHWAY ADMINISTRATION By: Roberto Fonseca-Martinez, Division Administrator Virginia Division VIRGINIA STATE mSTORIC PRESERVATION OFFICER By: Kathleen S. Kilpatrick, Director Virginia Department of Historic Resources ADVISORY COUNCIL ON HISTORIC PRESERVATION By: Don Klima, Director Office of Federal Agency Programs NATIONAL PARK SERVICE-BLUE RIDGE PARKWAY By: Dan Brown, Superintendent VIRGINIA DEPARTMENT OF TRANSPORTATION By: Earl. T. Robb, Administrator Environmental Division Page 5 of 8 Date: Date: Date: Date: Date: K -l Interstate 73 Corridor Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia NŒMORANDUM OF AGREEMENT CONCUR: CITY OF ROANOKE, VIRGINIA By: C. Nelson Harris, Mayor Date: Page 6 of 8 R- \ Interstate 73 Corridor . Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia ìvŒMORANDUM OF AGREEMENT CONCUR: COUNTY OF ROANOKE, VIRGINIA By: Elmer C. Hodge, County Administrator Date: Page 7 of 8 R- , Interstate 73 CoITidor Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia MEMORANDUM OF AGREEMENT CONCUR: VIRGINIANS FOR APPROPRIATE ROADS By: Ann M. Rogers Board of Directors Date: Page 8 of 8 1'<-1 5-1 PETITIONER: CASE NUMBER: Comprehensive Plan 7/2004 Planning Commission Hearing Date: November 2, 2004(Continued from July 6, 2004) Board of Supervisors Hearing Date: January 25,2005 (Continued from July 27, 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. Ms. Scheid summarized the two years work on the revised Community Plan and reviewed each of the 5 chapters. Mr. Holladay explained the land use maps. B. CITIZEN COMMENTS 1. Four members of the Roanoke Regional Home Builders Association spoke. They commended staff for their hard work and had the following comments: strongly urged Roanoke County to budget tax dollars to purchase conservation easements and viewshed easements; need to better define "lot" and "parcel"; allow but do not require rural cluster; adopt rural rustic road standards and allow private road developments; be careful with slope/ridgetop ordinances because many good building areas are accessed through steep slopes; RRHBA believe that there is not sufficient buildable land with access to public sewer and water to sustain the annual demand for housing; disagree with requiring 15.2-2232 reviews for "by right" development; do not think there should be any reference to "adequate public facilities" in the Community Plan; believe the Economic Development chapter should reference the importance of housing and the home building industry as a key component of the County's economy and also that there is the need for a strong residential base to support commercial development; RRHBA believe the Capital Improvement Plan must fund the County's infrastructure needs; agree with the recommendations on mixed-use developments; do not think a 40% tree canopy is in the County's best interest; disagree with reducing residential density in rural areas; think only VDOT, and not staff, should be able to request a traffic impact study; request that the Utility chapter expand on how the WVWA is funded and what their policies are; encourage the development of a Mountain Zoning District. 2. Elizabeth Abe (6909 Mary B Place) commended the staff on their work; asked that a Steep Slope ordinance be a high priority in the work plan; expressed 3-1 concern about DEQ enforcement; recommended the 15.2-2232 review in the Community Plan. 3. Helen Sublette (5577 Valley Drive) expressed concern about higher density in areas already impacted by drainage and stormwater concerns. C. SUMMARY OF COMMISSION DISCUSSION The Planning Commission thanked staff for their work and thanked citizens for their participation in the process. Ms. Hooker asked Mr. Covey to explain the coordination between Roanoke County and DEQ for drainage and erosion complaints. Mr. Covey explained that staff had met with DEQ and were coordinating enforcement efforts. D. CONDITIONS None. E. COMMISSION ACTION(S) Ms. Hooker made the motion to approve the Resolution. Ms. Scheid read the resolution. Motion passed 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: - Vicinity Map - Other - Concept Plan - Staff Report Janet Scheid, Secretary Roanoke County Planning Commission 2 5-¿) PETITIONER: CASE NUMBER: Roanoke County Board of Supervisors 29-11/2004 Planning Commission Hearing Date: Board of Supervisors Hearing Date: November 2, 2004 November 16, 2004 A. REQUEST 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 construct a public park and recreational area, located in the 5600 Block of Hollins Road, Hollins Magisterial District. B. CITIZEN COMM ENTS Mrs. Bentley of DePaul Family Services spoke in favor of the petition, and mentioned a desire by DePaul Family Services for possible future residential use of the rear portion of their property. C. SUMMARY OF COMMISSION DISCUSSION Mr. David Holladay presented the staff report. Mr. Azar commented in favor of the proactive approach by the Board of Supervisors to purchase the land for Hollins Park. Mr. Jarrell asked if any specific plans were submitted by the Parks, Recreation and 10urism Department. Mr. Holladay responded that no immediate plans have been drawn for park facilities, and that the rezoning was unconditional to allow maximum flexibility for the park expansion. D. CONDITIONS E. COMMISSION ACTION(S) Mr. Jarrell made a motion for a favorable recommendation to the Board of Supervisors. Motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: - Concept Plan - Staff Report - Vicinity Map - Other Janet Scheid, Secretary Roanoke County Planning Commission 3 Petitioner: STAFF REPORT Roanoke County Board of Supervisors S'-~ Request: IlC to Rl for Public Park and Recreational Area Location: 5600 Block Hollins Road Magisterial District: Hollins Proffered/S uggested Conditions: None EXECUTIVE SUMMARY: The Roanoke County Board of Supervisors recently purchased the property in order to expand Hollins Park. The existing zoning ofll, Industrial District does not pennit public parks and recreational areas, so the Board of Supervisors is petitioning to change the zoning on the property to R1, Low Density Residential District. Prior to acting on the rezoning, the Board of Supervisors is also scheduled to amend the protective covenants and remove them from the property. The property is designated Principal Industrial in the 1998 Roanoke County Community Plan. This designation was appropriate when the property was available for industrial land use. Since the Board of Supervisors has purchased the property to expand Hollins Park, the land use designation is proposed to change to Neighborhood Conservation in the current update of the plan. The proposed use confonns with the policies and guidelines of the proposed new land use designation of Neighborhood Conservation. The need to provide additional park and recreation areas prompted the Board of Supervisors to purchase this property in order to expand Hollins Park. The rezoning is necessary in order for the property to be used as a park. The addition of this property to Hollins Park will benefit the citizens of Roanoke County for generations to come. 1. APPLICABLE REGULATIONS Site development review may be required as facilities are added to Hollins Park 2. ANALYSIS OF EXISTING CONDITIONS Background - In 1983, the Roanoke County Board of Supervisors petitioned to rezone the property for industrial development. During the conceptual design phase of the project, an extensive list of protective covenants was written to control the land use of the property as well as impacts to the surrounding neighborhoods. In addition to being recorded with the land records, the protective covenants were accepted by the Board of Supervisors as proffered conditions. The Board of Supervisors recently purchased the property in order to expand Hollins Park. The existing zoning of 11, Industrial District does not pennit public parks and recreational areas, so the Board of Supervisors is petitioning to change the zoning on the property to R1, Low Density Residential District. Prior to acting on the rezoning, the Board of Supervisors is also scheduled to amend the protective covenants and remove them from the property. Copies of the draft amendment document as well as the original protective covenants are attached for reference. 1 ç-~ TopographvN egetation - The property slopes gently from east to west. A stonnwater detention pond is located on the southeast corner of the property. This detention pond serves the adjacent DePaul Family Services development. Sinkholes exist on the property, and will have to be considered during any park development. Surrounding Neighborhood - Hollins Park adjoins to the west and is zoned R1. Properties to the north are zoned R1, and contain single family residences. Property to the east, across Hollins Road, is zoned R3, Multi-Family Residential, and contains town homes. Other vacant property to the east, across Hollins Road, is zoned II. Property to the south is zoned 11 C and contains the offices of Depaul Family Services. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout! Architecture - The site provides additional space for Hollins Park. No specific development plans exist at this time. Access/Traffic Circulation - Access will continue via the existing entrance to Hollins Park. Fire & Rescue/Utilities - No impacts are anticipated to Fire and Rescue services. Water and sewer utility services are available, but not needed for the park. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The property is designated Principal Industrial in the 1998 Roanoke County Community Plan. This designation was appropriate when the property was available for industrial land use. Since the Board of Supervisors has purchased the property to expand Hollins Park, the land use designation is proposed to change to Neighborhood Conservation in the current update of the plan. The proposed use confonns with the policies and guidelines of the proposed new land use designation of Neighborhood Conservation. s. STAFF CONCLUSIONS The need to provide additional park and recreation areas prompted the Board of Supervisors to purchase this property in order to expand Hollins Park. The rezoning is necessary in order for the property to be used as a park. The addition oftms property to Hollins Park will benefit the citizens of Roanoke County for generations to come. CASE NUMBER: PREPARED BY: HEARING DATES: 29-11/2004 David Holladay PC: 11/2/04 BOS: 11/16/04 2 , . s-~ County of Roanoke Community Developmênt Planning & Zoning For Staff Use Only Dare received: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 :\~~:~þ~~~# Application fee: ;VA pcæZA date: II L D7' Placards islUed; Case N1JlJlber , ". "",. '.." ,...' ".. Check type of application filed (check all that apply) gRezoning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal Applicants name/address w/zip "[2.o<~ke- ~J"J¡.:tt¡ ~¡~ "f J (,((":.r(/~ J ,'.- f ~ 0. "J 0;<' Á ? ?òb ~ k;..-L- VA ..2-~OI Phonc: ì 7?- - 2. ¡JOT Work: Cell #: Fax No.: ì ì 1- - d-('1 ') Owner's name/address whip $' áth ~ Phone #: Work: Fax No. #: Property Location 5"'b 00 7>/.,<-1<- ~llt-'" f IZo~d- Magisterial District: Tax Map No.: 0 :l.."ð ] - tlt - 2. f. (J.F Size ofparcel(s): Acres: '-I. ¡,J "",r-c..f Community Planning area: ~ U ;. '" ~ Existing Zoning: :t:-- J c- Existing Land Use: 1/ ¿(..t-¡¡....YV+ , -"'c"'::~~.~k~.ciIAf f!S:!fPEt~¥'lT~\!t~E'.~~~tJf~~'~.~~. ~..:~~_...,......._~-".. .",."..--......-..-........"....N. p...J- tPLrk- 't'" re.-- ~ f -v< a--r- E'-.. V'.- Do the pared meet the minlmum lot area, width, and frontAge requirements of the requested district? Yes, No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the m.in1mum 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 i~~~.':~~i ~.'M!~Kfjjfif1M~~i~Jii~~~~~Œ{~J::"~.:,:'........' -,,¡.~:,...~-.; ,....',:.,;..:.,._~ .,,~::.~,~..:,',,:,....:,:'.,.;:, VariancelWaiver of Secrlon(s) N / A of the Roanoke C01lIlty Zoning Ordinance in order to: , Yes No Appeal of Zoning AdmiIÚS1rator's decision to Appeal of Interpretation of Secdon(s): Appeal of Interpretation of ZoI1Îng Map to of the Roanoke CO1lIlty Zoning Ordinance Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RlSfW V/AA RlSIW V/AA RJS/W V/AA m Consultation a 81/2" x 11" concept plan ~ Applicationfee . Application Metes and bounds description Proffers, if applicable , , Justification ~ Water and sewer appliCBêon --- Adjoining property owners . I ~::~~t :r: =~r ~ either the owner of th~/Jerty orlltb.e wner~¡gent or contract purchaser and am acting with the knowledge and' ~..".. - ~ ý?- ,Owner's Signature I 2 ì S'-;).. Tax Map No. 28.13-1-27.5 AMENDMENT TO PROTECTIVE COVENANTS MOUNT AIN VIEW FARM TECHNOLOGICAL PARK This Amendment to the Protective Covenants of the Mountain View Technological Park, made effective as of this - day of ,2004, by the Roanoke County Board of Supervisors; Cardigan, LLC; and DePaul Family Services, Inc., hereinafter referred to as the Owners. WHERP ^~ tLe O"TT">"~ ar'" ",11 Ot +L", O""""":>"s ",f +l.,.a.L C""'+-m' P~o~~r""'. ~ ~~, u . .'V h_Á ê> ~ Cli Á. a t~ n .LL~... U.L LH l ~... La ... 1-'<:: l Y 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 afore[;D.id i11 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 1 s-~ Norman D. Mason Creating Hereon New Lots New Tract "B-IA-l/l (2.33 acres), New Tract "B-IA-2" (4.83 acres), Being Original Tract "BOolA" (P.B. 17 PG. 5) Situated Along Hollins Road (Route #604)' dated March I, 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 ,I " Ii 2 S'-~ By Stateof~f({¿'IAJ¡ft, I totJÞJíf of a."AJo/(v, to- ": The foregoing instrument was acknowledged this ;;¡..( J day of ~ /..l6 'to¡,-(' , 2004, by JDH~ t,J. "vt;b~) , its ).lA.JAMAJ' iJtlY1~€~on behalf of Cardigan, LLC Q; L ¿ j~ Not ~blic {'.....1/'1IUlI::>P ifií.!II((> ;¿);..'j/~,"J' I !I 3 DePAUL ~. -SERVICES, INC c:.r B If? Y - r - ~ , , S'-~ State of \j\\(j.\CÙð , -~ Dl)íb\-~ of KD()fY) ~ to-wit: The foregoing instrument was acknowledged tills ~ day of ~ 2004, by ~<[.-\b ~r:.:)~Cû , its fy--f.~,. b;$/,eJOíon behalf of DePaul Family Se~~, ~lC\ () "'- \ I ~~ Å 1JE-. \-'/).1'\1 L-{) u bQ)l~1 Notary Public 1 4 .' ç~ ../ ~/~ . '.' '¡òIi ~....,;. ~..-.......;.",:~ Y,l;~~~~~~~""""'~:"'~S-~,""""'i~~'"":"i<,,;.'~~,?,~,,,,~, H"'28iPG 0O69Y '1',)""'0 uv......v DEL. COUNTY ATTORNlY }j mol~ M:XNrA!N \fIE)l F~ 'IfI1N)L(X;ICAI, PARK '!bis emea~1t to the Protective CovenMts of the lbJntllin view Farm Ted'nological Parle, is made this Jil ~ day of Jemuary, 1988, by the Roemke County Board of Supervisors: AMP, Incorporðted: end Shim::hock's . ...- Litho Service, m::. (t19reinafter the "owners") pursuant. to the rrrx1ificsticn provisions of Ssctlon 7.02 of the Protective O:::Jven5nts es recorded in Deed Book 1199. page 1417, mncng the cecord9 of the Clerk of the Circuit Court - for Roanoke County, Vlrginið. 'n19 owners hereby ISgree to mXlify or emend the Protactive O:weNnts previously i1Tposed, and are the ~ of mre th!!n sixty-five p"'-I'cent (65$ of the PE'OfeCty specified in Exhibit "a". 'It1e modifiCðt1cns or emend- menta to Artiole V, "AdditiOMl Restrictions" ere as follo¡.ls; 5.05. Publio Use Park 'I11at certain parœ1 of reel estate owned by the Cb.1nty of Roanoke, flS dœcribed in e wrvey dated the 27th day of O::tober, 1987, !!II"Id recorded in the offioa of thè Clerk of the Circuit Cbuct. and fomd in Plot Book 10 tit page 109, containing approximately eight (8) ðCres, is hereby reserved to - r'elMin as is, until the need arises for this parcel to be used for other public park and recreatiooal uses. 'Ihese public park and recreational ðCtivitiee are limited to football, soo:er. baseball, either adth..; or youth, 8M 8ÌiTJ.lar endeavors. 5.06. Access to Public Use Park '!'be ea:ess to the public use park shall be from Hollins Road. ~;Z ~ &MJM= ~ldnWS a - , _._...~-~~, .......,,-, -. "'°- "~"'=""""""=","-~,,,,",~=œ,;~~I<""'-"'~'«-f~x,,~.~:;;;~,,. ".1"""".,.;.<,' ----- ---- j S-é). . 5I~~"""m:1~~~.IS~~~~~'.;i1'.\..~" ,'r.~~~-1'~"""!"""'~ B~'2B1P6 00700 ApproYed as to tom: ~~'W\.~I =;. A= ð :7~dh ~~yO~fV~ , to-wit: The foregoing instrunent was sdcncwledgad before me this P- of F...J..L.....1'~ ' 1985, by Elmer C. Hodge, Ccwty ÞdminiBtretol.". e. . day My camù.esicn eq;>iree:: ~ (., ¡ jet 'f '. . Commonvealth of Pennsylvania COUnty of Dauphin , ~itz 'Ibe foregoing lnstn.l'ner1t WeB e~ledged before fie this ~'dàÿ"', C'f ~. ' 1988, by Pnn' tJ....."4..S"" , on behalf.of ~;. ""'" . lnoOiCorateâ~--. ,.:,'." :;'-" I, . . >b~~ a. ~;~t~, oWiEUA"-: AHYI"IJi:uC .-;..~.iJ rC\":..: My o:mùssion expires: UY COI.WISSOI RES Wl;t) 1992 . . '. . . . . .' .,' SWI\ì~ 1M'. t'1'\ ~~ccirov """'" ~I \',>' ,........., Stðte of virg.ini.a, Oo\Jnty of Roanoke , t:o-wi t: 'lb:: foregoing imt.rums!nt wœ acItnowledged before me th.i9 3rd day of March , 1988, by Stephen L. Sh1mchodt , en bciì51f of SIùJid>cd<'. Lith> So<viœ. Ire. ~. ~ ",," . ð~~ ¿þ~ No Public f+¡ camnission e:lpices: June 25. 1989 Doad aI Tnat ~ m ~ CEerits or. e¡ß h ~ ~~ tM ~ Sta8D T-= -- -;I ~ "to. ~~ ~(A ,. . ~ eo..o,.... "- ~ ". ..~- ~~ !; ¿~ di2 ~ pg~- r.'\YJ ... thfI , ,.f' ~~~. TGtI!£ f;'j/(!7.¿zð' ~~ ,',' ,'.,'. ~ -- ~',....' ...1"-" ., ",' '1", "A_~._'" ,",' ~-~ :'"'ri.~ " -- "-~-'~-~~""""-' , '"m.... -- I ~~~ ~,¡¿~~r",:'!:j::!;,!!~¡¡¡:¡;"""":r,.,,. ;. Iff' ,"j.;!fi . , ~L- 1 A }y 2 iY(\\ øÆd ~{ 3 4 5 ,6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 " IK 1199P8 01417 Del. County Attorney .. ~.3 rf' Protective Covenants Mountain View Fann Technological Park This Declaration. made th1S~ day Of~. 1983. by the Roanoke County Board of Supervisors (here1naft~r .~clarant.). Article I. Recitals. 1.01. Declarant is the owner of certain real property in. the County of Roanoke. Virginia. described in Exhibit '10 All which is attached hereto and by reference made a part hereof (hereinafter the IIproperty.). 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 area of real property owned by Declarant as of the date of th1s 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 1n relation to the development and use of the Retained 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 inhannonious improvements. and in general to provide adequately for a high type and qua1fty of improvement and use of the Property in accordance with a general plan for the development of the Mountain'View Technological Park as a whole. Declarant desires tosubjec't the Property and each parcel of the Property to certain covenants for the benefit of all pro~erty wIthin the Reta;ned 1 , ' s-~ I ¡ ! i' . I " I ~ ¡ : . ' . ' j : : I I, ! ; I , . . I , .. , i I ¡ I \ IK 1-199f6 01418 29 30 31 32 Parcel. All of the property and each parcel within the Property shall be held, improved and conveyed ~ubject to ~~ose covenants. which sh~ìl be enforceable in accordance with this Decl~ration bJ Declarant and by each owner of a parcel or parcels of real property within the Retained Parcel. 33 34 Article. II. General Provisions. 35 36 37 38 39 40 41 42 43 Establishment of Restrictions and Covenants Declarant owner of the Property and of the Retained Parcel hereby declares that the Property is now held. and shan be transferred, sold, leased. conveyed and occupied subject to the restrictions and covenants herein set forth. each and all of which is and are for and shall inure to the benefit of and pass with each and eve~ parcel of the Property and each and every parcel of the Retained Parcel and apply to and bind the heirs, assignees and suc:essors in interest of each and eve~ owner of å parcel or parcels of the Property. 2.01. 44 2.02. Restrictions Operate as Covenants 45 Each purchaser of any.parcel of the Property covenants and agrees 46 with Declarant, its successors and assigns to use the Property only in 47 . accordance with the restrictions herein set forth and to refrain from 48 using the Property in Iny way inconsistent with or prohibited by the 49 provisf~ns of this Declaration. 50 51 52 53 54 55 56 57 58 :;9 2.03. Purpose of Restrictions and Covenants It is the intent and purpose of these covenants and restrictions to allow the location on the Property of general manufacturing activities, provided that such activities are confined within a building or buildings and do not contribute excessive noise, dust, smoke or vibration to .the surrounding environment nor contain 8 high hazard potential due to the nature of the products. material or processes involved. It is the further intent and purpose of these covenants' and restrictions to expressly prohibit certain uses of the PrOperty and to protect the character of adjacent residentially zoned areas. 2 ç-~ 11(1199'901419 60 2.04. Definitions 61 (a) Area ~f Elevation. rota 1 height and length of a buUding as 62 projected to a vertical plane. 63 (b) Building line. An imaginary 11ne 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 wmy be located (except for 66 overhangs. stairs and sunscreens). 67 Cc} Lot. The fractional part of blocks as divided and subdivided 68 on subdivision maps of the official records of Roanoke County. Virginia. 69 as they f~ time to time become current. 70 Cd) Right-of-way .!:!!!.e. When reference is .de to right-of-way 1 ine 71 it shall mean the line which is then established by the Virginia 72 Department of Highways and Transportation. 73 Ce) Side and Front ~f Lots and Sites. The Front of a Lot or Site. 74 except a corner Lot or Site. is the portion thereof facing on any street. 7S (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) M9.n. Any 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 (9) Site. All contiguous land under one ownership and tenancy; 87 provided. however. that multiþle occupancy of a building 1n accordance 88 with Paragraph 4.04 of this Dec1aration does not destroy a parcells 89 character as a Site. . 90 (h) Streets. Reference to all streets or rights-of-way within this 91 ~ shall mean d~dicate~ \ehicular right-af-way. In the case of 92 private or non-dedicated streets. a min1mum setback from the right-of-way 93 lineof.said streets of ten'(la) feet shall be required for ell 94 structures. Except for sidewaH:s or access drives. this area shall be S'-~ 3 '. .1 !JK1~99í'S 01420 95 96 landscaped according to the ~(tback area standards for dedicated streets contained herein. 91 98 Article III. Permitted Uses. 99 100 101 102 103 íJ4 105 105 107 lOB 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 3.01. Each and every parcel of the Property is .restrtcted to the following permitted uses: (a) Uses primarily engaged in research activities, including but not limited to research laboratories and facilities~ developmental laboratories and facilities, and compat~ble light manufacturing relating to the following examples: Bio-chemical Chemical Film and Photogrpahy Medical or Dental Metallurgy Phannaceuti cal X-Ray (b) Manufacture, research assembly, testing and repair of components. devices, equipment and systems and parts and components such as but not limited to the following examples: . Coi 1 s. Tubes, Sellli".Conductors Communication, Navigation Control, Transmission and Reception Equipment, Control Equipment and Systems Guidance Equipment and Systems Data Processing Equipment and Systems Glass Edging, Beveling and Silvering Graphics. Art EG~ipment Metering In$truments Optical Devices, Equipment and Systems Phonographs, Audio Units, Radio Equipment and Television Equipment Photograhic Equipment . Radar, Infra-red and Ultra-violet Equipment and Systems 4 .::., .s: .~ ! i I , ! ì ! \ I I ! i I I 1 I I. \ j; Ii I I i I I , I I I I r.. ! \ . ¡'. 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 ~K1199'8 01421 Scientific and Mechanical Instruments Testing Equipment (c) Other manufacturing to include but not.limited to the following examples: (i) Manufacture and/or assembly of the following or similar products: Clocks and watches Coffins' Ceramic Products Electrical Appliances Linoleum Musical Instruments Neon Signs Novelties Oil Well Valves & Reapirs Optical Goods' Refrigeration Screw Machine Products . Shoes' Silk Screens SpòrtingGoods' Springs Stencils Toys ( i i) The manufacturer of products or products made from the following or. similar mlterial~: Aluminum Bags. Except Burlap Bags or Sacks Batteries Boxes. Papèr . Brass' Cans' Copper Glass' '- Grinding Wheèls ., . 5 I I S..~ ! rl ;¡." ., ,¡ \ 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 17B 179 180 181 182 183 184 185 186 187 18B 189 190 191 192 193 194 195 ,196 197 œ¡¡c 1199P8 01422 Linoleum Matches Paþer Steel 11n Tools Wool Yarn (iii)The manufacturing. compounding. processing or treatment of the following or similar items: Acids. Non-Corrosive Detergents Disinfectants Food Products Pharmaceutical Products Plastics' To 11 etri es Vitamin Products Waxes and Polishes (iv) Distribution and Warehousing Plants (d) Administrative. professional and business offices associated with and accessory to a permitted use. (e) Regional or home offices of industries w~ich are lilrited to a single USe and accesso~ to any of the above industrial developments. (f) Blue printing. photostating. photo engraving. printing. publishing and bookbinding. provided that no on-site commercial service is associated with said uses. ' (g) Cafeteria. cafe. restðurantor auditorium accessory with and incidental to any of the 'foregoing uses. (h) Any oth~r use permitted by applicable zoning ordinances and regulations of government authorities having jurisdiction over the Property. provided'Declarant ,pec1fically cOnsents to such use 1n writing. . 3.02. All uses listed aDDve are subject to the Development Standards listed in Article IV of this Declaration. r-~ .." "6 - fI ~! '~ ~ r~ \:.:. .; i; ~i ~1 ,n , t " !', ~ r~' . I,,:. , ~ " ", ',' h i : I , j I I \ 11\ 11991'8 01423 198 199 Article IV. Development Standards.' s--~ 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 4.01. Setbacks No building shall be located on anyone or 8Ore Lots nearer to the front Lot line or nearer to the side lot line than the minimum setback set forth below: fa) Front Yard Setback. No structure shall be located within fifty-five (55) feet of the center line of an adjacent street right-of-way or fifty feet (50) fmll the property line, whichever is greaœr. eb) Side Yard Setback. Fifty (50) feet. except that unsupported roofs and sunscreens may project three (3) feet into the setback area; provided that if a single building is constructed on two or more lots,' (or if a Site on which a single building was originally constructed is further subdivided into two or more Lots in accordance with the provisions of Paragraph 5.02 of this Declaration) no side yard setback is required from interior Lot lines; provided further that. in any event. there shall be at least twenty (20) feet of open space between all buildings on the Property Which area shall be a Side Yard Setback Area for the purpose of this Declaration. In the case of a comer lot. the street side .setback shall be thirty (30) feet, except that unsupported roofs and sunscreens may project. six (6) feet into the setback area. Interior lot lines for a comer lot shall bl!' considered side lot lines. (c) Whenever a building is constructed upon a lot adjaêent to a residential district bounda~. there shall be provided a yard of fifty (50) feet or more on the side of the building adjacent to such a res;dential district boundary line. (d) Rear Yard Setback. A fifty (50) feet setback is required. 226 227 228 '229 230 231 4.02. Site Coÿerllge . Maximum"building coverage of fifty percent (50~) of a Site 'is allowed. Parking structures shall not becàlculatedas building area; however, said"structures shall be used ónly for the 'perking of company vehicles. employees' veh1cles~ or vehicles be1onging to pei"s'ons visiting the subject firm. . :.' c,' , " . ,: 7 - f~ I II ~ 11 99 P S 0'1 42"" 232 233 234 235 236 237 238 239 240 241 4.03. Number of Tenants per Building For a period of five (5) years from the date of this Oecla~ation. no building shall be occupied or used by more than ~ tenants or users simultaneously without the specific written consent of Declarant. nor shall more than two businesses be conducted simultaneously in anyone buildng without the specific written consent of Declarant. The multiple occupancy and/or use of a building under this Paragraph does not change the character of the parcel. on which the building was constructed and the boundaries of which were used to determine compliance ~th this Declatiltion. as a Site for the purposes of this Declaration. 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 4.04. Signs No signs shall be erected or maintained on the Property except in conformity with the following: " , (a) Signs visible from the exteriar of any building may be lighted. but no'signs or'any other contrivance shall be devised or constructed so as to rotate. gyrate. blink or more in any animated fashion. (b) Signs shall be restricted to advertiSing only the person. finn. company or corporation operating the use conducted on the 'site or the products produced or sold thereon. (c) All signs attached to the building shall be surface 'mounted. (d) Only one (1) single faced or double faced sign shall be' . penn1tted per street frontage~ No sign or c_inaUon of signs shall exc~d one (I) squIre foot in arei for each six hundred (600) square feet of total site area. However. no sign shan exceed two hundred (200) square feet inarea'pel' face. An additional twenty (20) square feet shall be 'allowed for each additional business conducted on the site. (e) A sign advertising the sale. lease. Dr hire of the site shall be penmitted in Iddition to the other signs listed in this section. Said sign shall not exceed a maximum area of thirty-two (32) square ~. ' ..' (f) No ground signs shall 'exceed, four' (4) -feet above grade in vertical'height. Also, ground signs 'in' excess of one hundred (100) square feet in area (single face) shall nQt be erected in the first . . , ' , .. . 8 ,',,; ,;'. .", , , ! S-~\ ¡ i j: I: I I I I I I I . ì ¡ 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 28Z 283 284 285 286 287 288 Z89 290 291 292 293 294 295 296 297 298 , eK1199~8 01425 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 a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area enclosed by such line. . (i) One (1) construction s1gn denoting the architects, engineers, contractor, and other re lilted subjects, shall be penlli tted upon the COlllllencement of construction. Said sign shaH conform to applicable. zoning ordinances and regulations. (j) A Future Identification Sign listing the name of the future tenants, responsible agent or realtor, and identification of the Roanoke County Mountain View Research and Technological. Park shall be pennitted. Said sign shall conform 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 Identificat1Qn Signs, used to give directions to and identify areas within Roanoke Coun~'s Mountain View Research and Technological Parle. shall be in conformity with applicable zonfng'ordiances and regulations. 5-~!1 II .j ,. I 4.06. Parking. Each owner of a site shall provide adequate off-street parking to accommodate all parking needs for the site. The intent is to eliminate the need for any on.street parting. . ReqUired off-street parking shall.be provided on the site of the use served. The following guide shall be used to detenmine parking requirements: . . . , 9 ::.0 .¡ ~i...I¡ Fe" ~1'1 !k) i'l ift...1 ;-:, ;if'1 ~) .' ' ~..,"i L" C' ... ". ;.. r t. i\ \ \ :: i {I U I I I I 'I :1 Î ! 81(1199,.801426 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 '1 Office i Three (3) spaces for each one thousand (1.000) square feet?f total office space (excluding such areas as pedestrian corridors. rest rooms. elevator shafts. equipment areas). I Manufacture. Research and AssenÐly . ¡ Two (2) parking spaces for each three (3) employees. but in no event less than two (2) spaces for each one thousand (1.00D) square feet of gross f1oor space. ¡. I Warehouse . I Two (2) parking spaces for each three (3) employees. but in no event less than one (1) space for each one thousand (I,OOO) square feet of gross floor area forthe first twenty thousand ,(20.000) square feet; one space for each biD thousand (2.000) 'square feet of gross floor area for the second twenty thousand (20.000) square feet¡ one (1) space for each four thousand (4.000) square feet of gross floor area for areas in excil!ss of the initial forty thousand (40.000) square feet of f1oor area of the building. If'there is more than one shift, the number of employees on the largest shift sha11 be used in determining parking reguirements. $"-~ 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 4.07. landscaping (a) The front Yard Setback area of each site shaH be landscaped with an effective combination of street trees, trees. ground co~er and shrubbe~. A11 unpaved areas not utilized for parking shall be landscaped in a similar manner. The entire area between the curb and a point ten (10) feet in back of the front property line shall be. landscaped. except for any access driveway in said area. Notwithstanding the above. the entire area between the curb and the building setback 1ine of a~ property fronting on Ho1lins Road shall be landscaped. (b) Side and Rear Yard Setback areas not used for parking or storage shaH' be bndsca¡¡ed util1zh'lg ground cover andlorshnlb and tree materials. . (c) Undeveloped areas proposed for future expansion shall be maintained in a weed-frée condition and may be famed in pastùre type crops.:""" (d) Areas usèdfor parking shill be landscaped and/or fenced in such a manner as to interrupt or screen said areas from view from 'access 10 '. '. . . I iK1199PG 01427 s-~ 334 335 336 331 338 339 340 streets, freeways, and adjacent properties. Plant materials used for this purpose shall consist of lineal or grouped masses of ShTUb~ and/or trees. (e) Buffer Strip. A fifty (50) foot .nde buffer strip and pine tree plantings will be located along the south and west property lines of the Mountain View ranm Technological Park to provide additional protection to adjacent residential properties. 341 4.08. Loading areas. 342 No loading shan be allowed which is visible from adjacent streets. 343 Street side loading shall be allowed provided the loading dock is set 344 back a minimum of seventy (70) feet from the street right-of-way line, or 345 one hundred ten (110) feet from the street centerline. whichever is 346 greater. Said loading area must be screened from view from adjacent 347' residential areas. 348 349 350 351 352 353 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~ht but need not be opaque above that point. No storage shall be permitted between a frontage street and the building line.' . 354 355 356 357 358 4.10. Refuse Collection Areas. All outdoor refuse collection areas shall be visually screened from access streets. freeways. and adjacent property by a complete opaque screen. No refuse collection areas shall be permrttted between a frontage street and the building line. .' . 359 360 361 362 363 4.11. Telephone and Electrical SerVicè -.. All .on site. electrical lines (excluding lines in excess of 12 KY) and telephone" Hnes shall be placed underground. Transfonner Dr tem1nal equipment shall be visually screened from view from streets and adjacent . properties. '.' , . . 11 :1 g \{, 11 99 P B 0 1 4 2 8 364 365 366 367 368 369 370 4.12. Nuisances. No portion of the property shan be used in such a manner a.s to create a nuisance to adjacent sites. such as but not limited to vibration. sound. electro-mechånical disturbance and radiation. electro-.agnetic disturbaflce. radiation. air or water pollution. dust emission of odorous. toxic or noxious matter. Appropriate governmental agencies shall be notified if such a condition exists. 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 4.13. Buildings and Structures All buildings erected shall create a creditable and acceptable appearance of all four sides. Buildings. including ancillary buildings shall not be constructed of unfinished galvanized steel or sheet aluminum for exterior walls. All exterior walls shall be finished in subdued earth colorS. ,', ' Construction or alterations of all buildings shall meet the standard provided in these restrictions: (a) No building shall be constructed with a wooden frame. (b) No prefabricated corrugated met.sl sidewall &ul1dings shall be erected. However. the use of metal panels or metal and glass for architectural effect may be permitted. ' No construction 'or exterior alteration of buildfngsi utl1it1'es. signs. pavements. landscaping and other. facilities may be initiated without the , prior 'Written IPProvalofsucÞ pl.ans and such proposed construction by Roanoke Ctlunty or such other entity as required by County or State law. 387 388 389 390 391 392 393 394 4.14. Heights , Buildings maybe erected up to a height of fòrty-five feet. Chinmeys. flues. cooHng towers. flag poles. radio or COJIIIIIni'cation towers. or their accessory facilities 'not normally occupied by workmen are excluded. Parapet walls are penmtted up to four feet above th~ limited height of the building on which thewa11s rest. Heights shall conform to airport zoning restrictions as contained in the Roanoke County Zoning Orciinance. ... . . ... ,', .: ,,', "" , , :' , ;, 12 ç-~ i ¡ I. 400 401 402 403 Ii( 1199r~ 01"429 s-~ 395 396 391 4.15. E~terfor lighting All exterior lighting shall be designed and located to precl~de reflection or glare into adjoining properties or rights-of-way. 398 399 Article V. Additional Restrictions. 5.01. Mo access from 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 Headewood Drive. 404 405 406 407 408 5.02. No Lot Subdivision " Each and eve~ :ite shall consist of at least one ~hole or entire" lot. No owner sha1l 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 Ordinance. 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 wil} be no rail access to the site across Hollins Road (State Route 601). Artii:le VI. "EnforCement. 419 420 421 422 423 424 6.01. Abatenænt and Suit . Violation ~r b~ach ~f any restriction and" covenant herein contained shall give to" Declarant. and'eYe~ other oWner of property for whose benefit these restrictions and covenants are expressly made. the right to "prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to vi~late"any of these re5trictions 13 . - \ . 432 433 i iC 1 1 9 9 P e 01 4 :1 0 425 426 covenants to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damag~s for said v1olat1o~. 421 428 429 430 431 6.05. Failure to Enforce Not a Waiver of Rights The failure of Declarant or any other property owner to enforce any restriction herein contained shall in no event be deemed to be a waiver of the right to do so thereafter nor of the right to enforce any other restriction or covenant. Article VII. Tenn, . Te~.nat10n and Modification. .' 434 435 436 431 438 7.01. Term This Declaration. every provision hereof and every covenant and restriction contained herein shall continue in full force and effect for a period of thirty (30) years fram the date hereof. unless otherwise specifically provided. . . , .. , , . 439 440 441 442 443 444 445 446 44/ 448 449 450 451 452 7.02. Tenøination and Modification' .. This Declaration or any provision hereof. or any covenant or I1!striction contained herein. may be tenn1nated, extended. mdified or amended. as to the'whole'of said property or allY portion thereof. with the written consent of the owners of sixty-five percent (651) of the property specified in Exhibit 8B8 hereto based on the ntm>erof square feet owned as canpared to the total number of square feet so specified. provided. however, .that so long as Declarant owns at least twenty percent (201) of the proper~ specified in Exhibit .B8 hereto. no such termination. extension. modification or amendment shall be effective without the written approval of Declannt thereto. No such tencination. extension. modification or amendment shall be effective until a proper instruœnt in writing has been executed and acknow1edged and recorded in the office of the Clerk Of the Circuit Court of Roan;ke County. Virginia. 14 .,.: .s-~ I ! I: 1.\ ! , I ., . ! \1 , ~ I ; ¡ ¡. :~ '1 473 474 475 476 477 478 479 480 481 482 483 484 485 . 486 IK1i99P901431 453 454 Article VIII. Miscellaneous Provisions. 455 456 457 458 459 460 461 8.01. Constructive Notice and Acceptance Eve~ person who now or hereafter owns or acquires any right, tftle or interest in or to any portion of said property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to thh Declaration is contained in the instrument by which such person acquired an interest in said p1"Operty. 462 463 464 465 466 467 468 469 470 471 472 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 or hereafter executed upon land subject to these restrictions, and none of said restrictions shall supe~ede or in any ~y reduce the security or affect the validity of any. such mortgage or deed of trust; provided, however, that if a~y portion of said property is sold under a foreclosure of any mortgage or under the provisons of any deed of trust, any purchaser of 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, mutual and reciprocal benefit of each al~ every part and parcel of said property; shall create mutual, equitable servitudes upon each'parcel in favor of every other parcel; and shall create reciprocal ~ights and obligations betwen the respective owners of all parcels of the property and pri~i~ of contr3ct and estate between atl grantees of said parcels. their heirs, successors and assigns. In addition, all restrictions contained herein shall operate as cóŸenants running with the land for the bénèf1~ of the laftd'd~scribed in Exhibit 888 hereto and shaH insure to the benefit of all grantees of said land, the~r heirs. successors and assigns, Bcd shall apply to 8"d bind the grantees of any and all parcels of the property. their heirs. successors, and assigns. 15 . - , s-~ 3 K 11991'" 0;432 487 488 489 490 491 Paragraph Headings Paragraph headings. where used herein. are inserted for co~venience only and are not intended to be it part of Declaration or in any way to define, limit or describe the scope and intent of the particular paragraphs to-which they refer.' ' 8.04. 492 493 494 495 8.05. Effect of Invalidation If any provision of this Declaration is held to be invalid by any court, th2 invalidity of such provision shall not affect the validity of the remaining provisions hereof. " ~<~, ': .', ?:', '-, " , , ; ,', . - ¡ d- , . 16 5-~ ~ BK1199P801433 5-~ W1'1'NESS t:he fol1owi.~ signatm:es aM seals the day and year first œreinabaI1e written. ø::mnŒ CDJNlY BCIPa) œ SOPERVISORS By~ Attest ; State of Virginia, Coanty of IÐæ1oke, to-'Wit: '1be foxegoinq Pmtective ~ts for the lob.mtain View Fa3:m Tech001Dgica1 1?~ were this -15 ¿ ~ of ~, 1983, ackiÞt1edged before ne by Dcnald R. i'1.arœrs, County 1Iãn:in:i.sb:ator, and Patricia Ric1mDr1d, Deputy Clerk, on behalf of the lbmcJœ County Boa%d of SUpeI;visors . :tyT~ax ~ In ~ Clerk's Office of the'Clrcuit ~ for the County of Roanoke, Va. thll - nsf F ~ day af --;;rz..~".J 1 this jns~ìI1ment was presented and .rn er ee $~ lJi" !~q'd~C Cert ficat~ackncw_e '",:m¡;'r.: I!:"-r.-'... -- ~ -..-.. ,,"n-'.'er! to reco'rd at ,jerk's Fee <t'" ¿. v' . -' - ~ - . . . . - ".." -- - - 0 -..o",k . M. Tile l<:'Y.C.. liTI...C3c.:j by ;::1r. ;:;(3_:::' -ant.g 5B.54.1 -'lab; $-. --.: of the code have been paid. ~. . ."" , l20 & 22OA ~ T I -', - .~~- . r.at1II .yæ e5t../ ~~¡., "", ",_J,,:""~ CIertc . By - '.) ,{ Deo. CIM+ -- .. ~)? so ,cr:::Cï. CD ;" c...-' t")1'j¡-," 'í14' Hr,! IC" '}rJ '1' íI:40 I \.l '. L-"~ ,~I~l L I ~ . 20041S966 S-~ Return to: Roanoke County Attorney's Office This conveyance is exempt from state and local recordation taxes under Virginia Code §S8.1-801, pursuant to Virginia Code §S8.l-811 (A)(3). THIS DEED made and entered into this J.iJ 'I-h day of August, 2004, by and between NORMAN D. MASON, party of the fIrSt 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: 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 ofNorrnan D. Mason Creating Hereon New Lots, New Tract "B-1A-1" (2.33 ACRES), New Tract "B-1A-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 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 identified upon the Roanoke County Land Records as Tax Map #28.13-1-27.5. .. , F( 0127 '04 HUG Zl 10:40 ç-~ TillS 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 ~ (~~ Elmer C. Hodge County Administrator (SEAL) ~ State of Virginia County/City of KCC&.¥Io k-, to-wit: The foregoing instrument was acknowledged by Norman D. Mason, Grantor. i My commission expires: I II ~~ D\. '2004:- , Notary Public 2 I ,I II ¡, Pt 0128 '04 HUG 27 :1.0:40 S'-~ State of Virginia County/~of l(oClrtoKc:. . to-wit: The foregoing instrument was acknowledged before me this ~ +-10. day of August, 2004, by Elmer C. Hodge, Jr., County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia, Grantee. My commission expires: ~dJ.-. I ! ¡I J II ¡ i II j ¡ " ~\Ÿ.~ Notary Public ~/S ) ;¿OO? INSTRUMENT #200415966 RECOF.:IiED IN THE CLERiC'S OFFICE OF ROA~'¡OfŒ COUNi'r' ON AUGUST 27, 2004 AT 10:40AM $250.00 GRANTüR TAX WAS PAID AS REG!U I F.:ED I:Y ~~;EC 5:::. i -:::£12 OF THE VA. CODE sn~TE: :f;125.ØØ LOCAL: $125,Oi3 ::;TEVE~'~ :~~r'ic?¡.j,;=:~ P'r' ~------~~~----- <DC) 3 ~-~ SETTLEMENT STATEMENT 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 (poc) Balance Due from Purchaser 249,992.00 $ 250,992.00 $ 250,992.00 S-À Disbursements CHECKS: Clerk of Roanoke County Circuit Court Southern Title Settlement Company $ 267.00 975.00 342.54 Roanoke COlU1ty Treasmer WIRE TRANSFERS: Nonnan D. Mason 248.407.46 $249,992.00 ~fÇ ;i?; NORMAN D. MAS BUYER: ~ H 0-1)(1 Elmer C. Hodge, County Administrator THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA 2 .s-~ T:\VHuffman\PARKS\M:ason\Rezoning lega1.Exhibit A.wpd EXHJBIT 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-lA-2 - 4.83 ACRES" upon the 'Plat Showing the Resubdivision of Property of Norrnan 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 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 Corner 5A on the above-referenced plat, said corner being a common corner to the property of DePaul Family Services, Inc., referenced as Tract B-IA-l 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- lA-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-IA-l and Tract B-IA-2 a distance of 624.09 feet to Corner 2A as shown on the above-referenced plat; thence turning and running N 21 o 16' 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 ° 18' 15" W 334.06' to Comer SA, 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. s-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 16, 2004 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 4.83-ACRE TRACT OF REAL ESTATE LOCATED IN THE 5600 BLOCK OF HOLLINS ROAD (TAX MAP NO. 28.13-1-27.05) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF 11C TO THE ZONING CLASSIFICATION OF R1 UPON THE APPLICATION OF THE ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, the first reading of this ordinance was held on October 26, 2004, and the second reading and public hearing were held November 16, 2004; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 2,2004; 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 4.83 acres, as described herein, and located in the 5600 block of Hollins Road (Tax Map Number 28.13-1-27.05) in the Hollins Magisterial District, is hereby changed from the zoning classification of 11 C, Industrial District with conditions, to the zoning classification of R1, Low Density Residential District. 2. That this action is taken upon the application of the Roanoke County Board of Supervisors. 3. That said real estate is more fully described as follows: 1 s-~ 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 as "New Tract B-1 A-2 - 4.83 ACRES" upon the 'Plat Showing the Resubdivision of Property of Norman D. Mason Creating Hereon New Lots, New Tract "B-1A-1" (2.33 ACRES), New Tract "B-1A-2" (4.83 ACRES), Being Original Tract "B-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 more particularly described as follows: Beginning at a point on the west side of Hollins Road (VA Secondary Route 601) designated as Corner 5A on the above-referenced plat, said corner being a common corner to the property of DePaul Family Services, Inc., referenced as Tract B-1A-1 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-1 and Tract B-1A-2 a distance of 624.09 feet to Corner 2A as shown 0 the above-referenced plat; thence turning and running N 21 ° 16' 30" E a distance of 313.26 feet to Corner 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 ° 18' 15" W 334.06' to Corner 5A, the Point of Beginning of the said Tract B-1A-2 containing 4.83 acres. Said parcel of land is identified upon the Roanoke County Land Records as Tax Map #28.13-1-27.05 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. 4. 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 5~ d... -.... Legend I-~ _EP _AG1 7 AR _AV C1 _C2 - C2CVOD It -L _12 f/ -:: JI _PTD R1 R2 R3 ............ R4 7r-N Roanoke County Department of Community Development N Â Applicants Name: Roanoke County Board of Supervisors Existing Zoning: 11C Proposed Zoning: R1 Tax Map Number: 28.13-1-27.05 Magisterial District: Hollins Area: 4.8 Acres September 24, 2004 No Scale 5-3 PETITIONER: CASE NUMBER: New century Development Co., LLC 30-11/2004 Planning Commission Hearing Date: November 2, 2004 Board of Supervisors Hearing Date: November 16, 2004 A. REQUEST The petition of New Century Development Co., LLC to rezone 9.78 acres from R-1 Low Density Residential District to 1-1, Industrial District to develop a warehousing and distribution area located at 7704 - 7706 Friendship Lane, Hollins Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION Tim Beard presented the staff report. Traffic Engineer Anthony Ford noted details of the pavement width and section of Friendship Lane and stated that Friendship Lane should be placed on the VDOT Six-Year Secondary Road Improvement Plan, although potential funding and construction could be years away. Mr. John Shoulders of New Century Development explained the applicant's plan for the site. Ms. Hooker inquired as to the definition of "permanent structure." Mr. Jarrell inquired about the suggested proffer designed to prevent the location of any permanent structure in the area adjoining Interstate 81. Mr. Shoulders stated that the map referenced by the suggested proffer is the most aggressive VDOT acquisition plan to date and that individual lot layout will be affected. Mr. Azar stated that fewer dollars would be spent on condemnation if development is minimized along northern portions of the subject site and he asked the petitioner if this suggested proffer would amount to a "deal breaker" for New Century Development Co. Mr. Shoulders replied that he could not answer that question at this time. Mr. McNeil stated that this suggested proffer is not needed considering VDOT's inability to map the exact area of acquisition and provide the date of purchase. Staff stated that this proffer was suggested to protect both VDOT and the petitioner from potential future (avoidable) costs. Mr. Thomason asked if VDOT had estimated any land acquisition or 1-81 improvement dates for this area. Mr. Shoulders replied that no such estimates are currently available. It is generally thought that any right-of- way purchase and/or interstate construction is more than 10 years away. D. CONDITIONS 1. Owner/developer shall prepare the site in full accord with Virginia Department of Environmental Quality regulations pertaining to wetlands and Roanoke County stormwater management requirements. 2. The property shall be accessed from Friendship Lane by a street built to Virginia Department of Transportation standards directly opposite the center line of existing Garland Circle as depicted on the rezoning exhibit by Lumsden Associates, PC, dated September 22, 2004. 4 COMMISSION ACTION S - 3 Mr. Jarrell made a motion to favorably recommend the rezoning request with conditions. The motion carried 5 - O. E. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS - Concept Plan - Staff Report - Vicinity Map - Other Janet Scheid, Secretary Roanoke County Planning Commission 5 S-3 PROFERRED CONDITIONS The undersigned applicant/owner hereby proffers the following conditions in conjunction with this rezoning request: 1. Owner/developer shall prepare the site m full accord with Virginia Department of Environmental Quality regulations pertaining to wetlands and Roanoke County stonnwater management requirements. 2. The property shall be accessed ftom Friendship Lane by a street built to Virginia Department of Transportation standards directly opposite the center line of existing OarJand Circle as depicted on rezoning exhibit by Lumsden Associates, PC. dated September 22. 2004. Applicant: New Century Development Co., LLC Br7rL ~¿'.tj--J=- Maœgmg MembèÍ' Owner: j j}j ard-j~ J.~ ~'¥ Martha Sicora, Executrix Avis Marie Myers Estate .-... ..... -- Petitioner: Request: Location: Magisterial District: Proffered/Suggested Conditions: S-3 STAFFREP.ORT New Century Development Company, LLC To rezone 9.78 acres from R-l Low Density Residential to 1-1 Industrial in order to develop a warehousing and distribution area located at 7704 - 7706 Friendship Lane, Catawba Magisterial District 7704 - 7706 Friendship Lane Hollins 1. Owner/developer shall prepare the site in full accord with Virginia Department of Environmental Quality regulations pertaining to wetlands and Roanoke County stormwater management requirements. 2. No permanent structure shall be constructed in the northern portion of the property indicated in red on the attached map entitled "Potential Interstate 81 Expansion VDOT - Property Acquisition Limit" dated September 22, 2004. 3. The property shall be accessed from Friendship Lane by a public street constructed directly opposite ofthe center line of existing Garland Circle as depicted on the rezoning exhibit by Lumsden Associates, PC, dated September 22, 2004. EXECUTIVE SUMMARY: This is a request by New Century Development Company, LLC to rezone 9.78 acres on Friendship Lane approximately 0.25 mile east of its intersection with Plantation Road for the purpose of developing a warehousing and distribution area. Portions of the site are subject to Virginia Department of Environmental Quality wetlands regulations and potential Interstate 81 right-of- way acquisition. The proposed rezoning complies with policies and guidelines of the Principal Industrial future land use designation which encourages employment centers, industrial parks and conventional warehousing and wholesaling uses. The applicant has worked closely with VDOT on the potential impacts of 1-81 expansion and is awaiting VDEQ and US Army Corps of Engineers input on the extent of onsite wetlands and possible mitigation of development impacts. If the Planning Commission wishes to favorably recommend this petition, the proffered conditions listed above are suggested. APPLICABLE REGULATIONS Warehousing and distribution is defined by the ordinance as "uses including storage, warehousing and dispatching of goods within enclosed structures or outdoors" and is pennitted by right in the I-I and 1-2 Industrial, Planned Commercial Development and Planned Technology Development Districts. Site plan review and VDOT approval for a commercial entrance will be required. Other state and federal applicable regulations are pending. 1. 1 2. .Ç-3 ANALYSIS OF EXISTING CONDITIONS Background - The project site has historically been developed residentially and to a limited extent, with light agricultural uses. It is comprised of two parcels totaling 9.78 acres. The property has been zoned R-I since 1992 and was zoned A-I Agricultural prior to that time. New Century Development Company has committed to purchase and develop the property subject to approval of this request. No contracts or commitments were pending to or from any end user at the time this proposal was filed. TopographyN egetation - The site drops slightly north from Friendship Lane to a perennial stream flowing through the rear of proposed Lot 1 and bisecting proposed Lots 7 and 9 (please see "rezoning exhibit" by Lumsden Associates, PC attached). The terrain rises moderately uphill to the north above the stream and drops again to the west (proposed Lots 2 and 3). A man-made pond is found near the center of proposed Lot 3 which is identified on the National Wetlands Inventory. Vegetation consists of pasture and deciduous trees north of the stream and lawn grass south of the stream. Surrounding Neighborhood - Interstate 81 lies north of the project site. R-1 zoned single family residences stand to the east. South across Friendsmp Lane is the I-I zoned Interstate Commerce Park. To the west are additional single family homes and private stables zoned R-1. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture - The petitioner's proposed layout indicates nine potential lots, all except proposed Lot 9 to be internally accessed by an extension of Garland Circle. The applicant has not submitted a grading plan, although cut and fill slopes are anticipated adjoining 1-81 right- of-way. The petitioner intends to construct custom industrial buildings approximately 5,000 square feet in size. Also shown on the rezoning exmbit is a Type D, Option 2 buffer which requires one large tree per 30 feet and six shrubs per 10 feet in addition to a six-foot mgh screen along the site's east and west boundaries. Access/Traffic Circulation - VDOT reports a varying width of 16 feet to 18 feet on Friendship Lane and a posted speed limit of 25 miles per hour. The extension of existing Garland Circle would provide internal access to proposed Lots 1 through 8 as recommended by VDOT. The 2003 traffic count for Friendship Lane was 1900 vehicles per day. Trip generation could exceed 600 trips per day based on trips per acre for industrial park usage which could decrease if the entire 9.78 acres is not developed. The county traffic engineer suggests placing Friendship Lane on the Six -Year Secondary Road Improvement Plan for purposes of providing an adequate pavement cross-section and adequate width to handle truck traffic. Fire & RescuelUtilitieslDrainage - Emergency services will be provided by Hollins Fire & Rescue - no service delivery impact anticipated. Public water and sewer exist in the Friendship Lane right-of-way and will be extended. A 36-inch water line cuts through the center of the overall site. Both 100 and 500-year flood designations impact the property (portions of proposed Lots 7 and 9) per FEMA's flood insurance rate map. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The proposed proj ect area is designated Principal Industrial by the 1998 Community Plan. In addition to encouraging the development of employment centers, industrial parks and conventional warehousing and wholesaling uses, Principal Industrial advocates the siting of agricultural, small industry and custom manufacturing and mining and extraction where feasible. 2 Db" 'hi P. 'lInd 'ld' .dl' . ld . 'd ' h .. ~-3 ~ectIves WIt n nncIpa ustna esIgn gUl e mes mc u e creatmg III ustnes t at utIlIze environmental design practices in their development and become assets to neighbors and clustering to combine industry, supporting retail and open space. Among applicable design guidelines are the fol1owing: . Protect and utilize natural features and resources to combat increased runoff; . Apply exceptional design measures to achieve compatibility adjoining residential areas; . Provide direct access to sufficient capacity public streets; . Avoid slopes exceeding 15 percent for building sites; . Where large parking areas are necessary, consider using pervious pavement, take advantage of slopes and provide at least one shade tree per 20 spaces; . Provide a vegetative screen, open space or a communal greenway along property borders; . Allow opportunities for site employees to use alternative travel modes, hiking or walking, STAFF CONCLUSIONS This is a challenging site in any development scenario and opportunities for new industrial development in Roanoke County are rare. Economic Development staff states that "the area bounded generally by 1-81, Plantation Road and Friendship Lane is ideal for commercial and industrial development due to its proximity to the 1-81 - Plantation Road interchange and commercial/industrial development. Additional commercial and industrial zoned land is needed in the county in order to attract new business and retain existing business. A demand exists for small commercial and industrial zoned lots such as those proposed for this rezoning." The property is zoned R-l, Low Density Residential and designated Principal Industrial in a viciruty characterized by general commercial, and to a lesser extent, light industrial uses. Impacts on the applicant's ability to change use of the subject property imposed by future Interstate 81 improvements and environmental controls relative to wetlands designations will heavily influence any development on site. Major changes in the proposed site layout are probable. Protection of the perennial stream - a Carvins Creek tributary - calls for extreme care. No burying or stream channelization should be allowed. In order to utilize the majority of the property, an environmentally-friendly stream crossing which can withstand heavy commercial vehicles and not aggravate flooding should be constructed, However, achievement of these objectives falls under state and/or federal jurisdiction. The developer's task is to find a means of complying with DEQ and Corps of Engineers requirements or scale the project back to a point where impact mitigation is not an issue. Staff recommends that the Planning Commission recommend approval of this request only if the suggested conditions listed on the first page of this report are proffered. CASE NUMBER: PREPARED BY: HEARING DATES: 30 -11/2004 Timothy Beard PC: November 2, 2004 BOS: November 16,2004 3 County of Roanoke Community Developmént Pla~g & Zoning 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 For Staff Use On! S-3 . " Date received: Received by; "'^-- ..' ',"" ""."""" do,' PlacardJ issued: I Case Number 30 - \ \ .?~~"~,,~1.J¡i~" " ,..'.' ..." '" ...."' , , ", ." ' , . .." ,".... ", " Check type of application filed (check all that appJy) , IXRewI1ÌD.g 0 Special Use 0 Variance 0 Wajver 0 Administrative Appeal Applicants name/address wlzip , John F. Shoulders, Jr. Managing Member New Century Development Co., LLC 5041-A Benois Road, Roanoke, VA 24014 Owner's name/address whip Avis Marie Myers Estate Martha A. Sicora, Executrix 4953 W' 0 ander Drive. Property Location 7704 - 7706 Friendship Lane Roanoke, VA 24020 SW. Phone: ~;;: ~ ~:g~ ~.~~=~~~~ Fax No.: ( 540) 725-8231 Phone#: (540) 774-5751 Work: Fax No. #: 4 8 Magisterial District: Hollins Community Plamling area: H 0,11 ins Tax Map No.: 018.18-03-04. DO-DODO Existing Zoning: R-1 Size ofparcel(s): Acres: 9.78 Existing Land Us~: es' dential ..~~;~~~-~-;;:~:: :r~Ü '. ""'~"'r>~irr¡,j';¡~\.h~~';w'~1»:"~~¡i:~:¡'~.":':':¡H~""'" ",.." ,." -'" - ",'., "", :'~~~~!~flßrJ¿'~~ C!~!f f.F;~~!';iiR#- !!'?f.{~~F.M~~~~Y:t'~:'~~OO." ,:~-"-".. ..._,-- ~,--...,," --,.._-- -'- ".., ,. .' Proposed Zoning: Proposed Land Use: I-I Industrial Does the parcel m~t the minimum. lot area, width, and frontage requirements of the requested district? lfiþ No IF NO. A VARIANCE IS REQUIRED FIRST. Does the parcel meet the min;mmu criteria for the requested Use Type? IF NO, A VARIANCE IS REQUIRED FIRST If reroDing request, are conditions being proffered with this request? Yes f!Q) :;~,!~~~~,:iW~~;ÂÞ-~~~~Þt.$ir~i.~i~;~~~Þw)iii';',","¡ , ,"", ,'::,',',,"'-'" ","',':',,', ..!.~';~'i~t~~,:t;'t. "'...",' ," "" '" """"'., """,.';;,-~~~~~,-,~,~\w",':1_,~, ,<~~,~-t¿- .....,-.,.."~,~"'..L.".._.-..,...""""-"......"..<-,~"..,",.-._",,,~,"".- Ifiþ No VariancelWaivcr of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Secêon(s): Appeal of Interpretation of Zoning Map to of the Roanoke County Zoning Ordinmce Is the application complete? Please check if enclosed. APPLICATION WD..L NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/srw VIM R/SIW V/AA R/SIW V/AA m Consultation , 5i 8 1/2" x 11" concept plan EE Application fee 1/ Application Metes ami bounds 4escription Proffers, ü applicable ...¡ Justification r Water and sewer application ~ Adjoining property oWDers I hereby certify that I am ei1her the owner of the property or the owner's agent or contract purchaser ItDd am acting with the knowledge aDd '""'"' of ~ .WOO<, {!J:J!.~ L!tiJI.J £xwJÍw.. ~:w"'~=:y Ø'eve 10 pn ro- TTro s-~ Applicant: New Century DeveloDment 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 has remained zoned R -1 through the construction oflnterstate 81 and subsequent development of numerous commercial and industrial sites along the Plantation Road I I -81 corridor. Its location (just 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 I-I zoning. 2. This 9.78 acre tract, with 500 (+) feet of road frontage 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 connnitments 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 fulfill that objective by providing attractive industrial sites along the 1-81 corridor. Further, although the site is presently zoned R-l, 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 (CIC on the west side of Keaton Dr. and I-I directly across Friendship Lane from the subject property on Garland Cr.). The Applicant has connnitted 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 fmal site planes) will be prepared and presented for approval when fmal development plans are known. The northern boundary of this property (687 ft.) abuts the Interstate 81 right-of-way. The planned expansion ofl-81 will most likely impact this property. In a meeting S.3 with VOOT on August 27, 2004, the Applicant learned that the most aggressive expansion plan to date could reduce tills 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 ofthe property. The east and west boundaries of tills property abut seven (7) properties which are zoned residential (R-1). Two of these 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' "0" 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 screening 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 of this 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 electrica4 where AEP has advised that overhead lines may provide more and better options to the end users. s-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 16, 2004 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 9.78-ACRE TRACT OF REAL ESTATE LOCATED AT 7704-7706 FRIENDSHIP LANE (TAX MAP NOS. 18.18-3-4, 18.18-3-5) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R1 TO THE ZONING CLASSIFICATION OF 11 WITH CONDITIONS UPON THE APPLICATION OF NEW CENTURY DEVELOPMENT CO., LLC WHEREAS, the first reading of this ordinance was held on October 26,2004, and the second reading and public hearing were held November 16, 2004; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 2, 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 9.78 acres, as described herein, and located at 7704-7706 Friendship Lane (Tax Map Numbers 18.18-3-4, 18.18-3-5) in the Hollins Magisterial District, is hereby changed from the zoning classification of R1, Low Density Residential District, to the zoning classification of 11, Industrial District with conditions. 2. That this action is taken upon the application of New Century Development Co., LLC. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1 ~-~ (1) Owner/developer shall prepare the site in full accord with Virginia Department of Environmental Quality regulations pertaining to wetlands and Roanoke County storm water management requirements. (2) The property shall be accessed from Friendship Lane by a street built to Virginia Department of Transportation standards directly opposite the center line of existing Garland Circle as depicted on rezoning exhibit by Lumsden Associates, PC, dated September 22, 2004. 4. That said real estate is more fully described as follows: Beginning at Corner #1, said point located on the northerly right-of-way Friendship Lane, VA Secondary Route 1895, said point also being the southwesterly corner of property of Danny R. Myers, Roanoke County Tax #18.18-3-3.01; thence leaving Myers and with Friendship Lane for the following 7 courses: S 46° 38' 49" W 38.62 feet to Corner #2; thence S 49° 03' 22" W 57.08 feet to Corner #3; thence S 55° 05' 00" W 48.96 feet to Corner #4; thence S 58° 50' 37" W 100.72 feet to Corner #5; thence S 61 ° 00' 21" W 148.77 feet to Corner #6; thence N 33° 00' 00" W 14.93 feet to Corner #7; thence S 61 ° 40' 00" W 106.00 feet to Corner #8; said point being the southeasterly corner of property of David L. Myers, Roanoke County Tax #18.18-3- 5.01; thence leaving Friendship Lane and with Myers for the following 2 courses: thence N 33° 00' 00" W 206.10 feet to Corner #9; thence S 61 ° 40' 00" W 106.00 feet to Corner #1 0; said point being the southeasterly corner of property of Tracy L. and Julian C. Starr, Jr., Roanoke County Tax #18.18-3-7; thence leaving Myers and with Starr for the following 2 courses: thence N 33° 00' 00" W 107.85 feet to Corner #11; thence S 61 ° 40' 00" W 208.08 feet to Corner #12; said point located on the easterly boundary line of Rebecca K. White, Roanoke County Tax #18.18-3-8.01; thence leaving Starr and with White N 33° 00' 00" W 138.57 feet to Corner #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 Corner #14, said point being the northeasterly corner of propertry of Jeraldean and George W. Wilkerson, Roanoke County Tax #18.18-3-1 0, said point also located on the southerly right-of-way of Interstate 81; thence leaving Wilkerson and with 1-81 for the following 4 courses: thence S 89° 10' 59" E 7.80 feet to Corner #15; thence N 83° 04' 09" E 169.90 feet to Corner #16; thence N 63° 58' 58" E 301.98 feet to Corner #17; thence N 74 ° 06' 36" E 214.98 feet to Corner#18, said point being the northwesterly corner of property of Donna S. & Robert W. Paxton, Roanoke County Tax #18.18-3-3.02; thence leaving 1-81 and with Paxton for the following 3 courses: thence S 25° 25' 08" W 8.90 feet to Corner#19; thence S 000 26' 08" W 111.60 feet to Corner #20; thence S 20° 03' 52" E passing the southwesterly corner of Paxton at approximately 75 feet, in all 305.20 feet to Corner #21, said point being the southwesterly corner of Phyllis W. and Henry C. Boitnott, being Roanoke County Tax #18.18-3-3; thence continuing with Boitnott, N 60° 47' 52" E 239.38 feet to 2 Corner #22, said point being located on the northerly boundary of property of Danny R. Myers; thence leaving Boitnott and with Myers S 29° 01' 52" E 251.84 feet to Corner #1 , the place of Beginning and containing 9.78 acres, as more particularly shown on rezoning exhibit prepared by Lumsden Associates, PC, dated September 22, 2004. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. ~-3 3 s~ 1tð. UH£ BEARING DISTANCE: I-Z S~':1IJ'.fI. iI' Jars:' /I =t~ s .fI'OJ"U" iI' 57.011' S 55"05'00. iI' olAN° BIl V 4-5 S 5ll'5O'57" iI' l00.7Z' """'tieD 5-8 S 5I'DO'ZI" iI' 14ß. 77' 8-7 S .D'OO'OO" iI' lof,.l1J' 7-1 S "'4ttoo" iI' 1011.00' 15-15 S ",Q'S" £ 7.Sa' ,~ZO S 2525'06" iI' 11110' ~'. ~~ -~ - \ \ \ \ \ \ \ 11 -81 .B. 11 "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: "" ' '-" " J 0/ /' / / , .' ,.,,/ SEPTEMBER 22, 2004 - ----,'~-- --- ~- -- --- -- -~-~"-~- ---- ~-- ---- ---,- ---- -~,- -~-- ----- - ---- - ---- ---- ---- --'--- -- - ---- - -~ - ~ - -~ - - - ----~- - --~-- - - ~- - - --- ~ - ~ - - - ----- - LUMSDEN ASSOCIATES, P.C. ENGI NEERS-SUR VEYORS-PLANNERS ROANOKE, V]RGlNIA SCALE: 1"...200' COMM. NO,: 04-273 4664 BRAMBLETON AVENUE P,Oo BOX 20669 ROANOKE, VIRGINIA 24018 PHONE: (540) 774-4411 FAX: (540) 772-9445 E-MAIL: MAIL@LUMSDENPc.COM CADD FilE: F:\2004 \0427 3\ENG\O4273Pl04.DWG 5-3 Comm: 2004-273 NEW CENTURY INDUSTRIAL PARK The following description is for Roanoke County Tax Parcels Nwnbers 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 of Danny R. 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 S 49° 03' 22" W, 57.08 feet to Comer #3; thence S 55° 05' 00" W, 48.96 feet to Comer #4; thence S 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 Comer #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 #10; said point being the southeasterly comer of property of Tracy L. and Julian C. Starr, Jr., Roanoke County Tax #18.18-03-07; thence leaving Myers and with Starr 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 Starr and with White, N 33° 00' 00" W, 138.57 feet to Comer #13, said point being the southeasterly comer 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 Comer #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 S. & Robert W. Paxton, Roanoke County Tax #18.18-03-03.02; thence leaving 1- 81 and with Paxton for the following 3 courses; thence S 25° 25' 08" W, 8.90 feet to Comer #19; thence S 00° 26' 08" W, 111.60 feet to Comer #20; thence S 20' 03' 52" E, passing the southwesterly corner of Paxton at approximately 75 feet, in all 305.20 feet to Comer #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, S 29° 07' 52" E, 251.84 feet to Corner #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. " Rt,615 ,~ ' , =;::,0 ~ \ \ / -------== /' 1-81 Potential Interstate 81 Expansion VDOT Property Acquisition Limit Most Aggressive Plan To Date September 22, 2004 l' l' \ l' "., } PlIOPERT\' UNE Q PoJUlER LOT UNE - - IWlJWAD D WATERCOURSE PARCI!L WlDlloor -if- c:.w:DLATED ACREIt.GB 1BQAL LOr 'DEEDED ACREAGE LEGAL BLDCX 0 sCALED DDIEHSIDN PARCEl. HUI/III!R 21,01 DEEDED DIHEHSIDN ...Ð -- -_.~ - - - - ,",,^=""- ,^"-Ð 17.5~) 19,9 OJ 225(5 115 ~ Scale', I" . 100' r :1 ...) - -' N 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 Roanoke County Department of Community Development A