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HomeMy WebLinkAbout4/25/2023 - SpecialRoanoke County Board of Supervisors April 25, 2023 INVOCATION: PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 5 Roanoke County Board of Supervisors Agenda April 25, 2023 Good afternoon and welcome to our meeting for April 25, 2023. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Sunday from 10:00 a.m. until 5 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.gov. Our meetings are closed -captioned, so it is important for everyone to speak directly into the microphones at the podium. 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. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PUBLIC HEARING 1. Public hearing for citizen comments on the proposed Fiscal Year 2023-2024 Operating Budget and the proposed Fiscal Year 2024-2033 Capital Improvement Program (Steve Elliott, Budget Administrator) D. FIRST READING OF ORDINANCES 1. Ordinance authorizing the acquisition of new, variable -width easements for a stream restoration project located on Canter Drive and Titan Trail in the Windsor Hills Magisterial District (Tarek Moneir, Director of Development Services) Page 2 of 5 E. APPOINTMENTS 1. Roanoke County Board of Zoning Appeals (BZA) (appointed by District) 2. Roanoke County Economic Development Authority (EDA) (appointed by District) 3. Roanoke County Library Board (appointed by District) 4. Roanoke County Parks, Recreation and Tourism Advisory Commission (appointed by District) F. 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 — January 24, 2023; February 14, 2023-Special 2. The petition of Boing US Holdco, Inc. to obtain a special use permit to operate a car wash on approximately 1.97 acres of land zoned C-2, High Intensity Commercial District, and CVOD, Clearbrook Village Overlay District, located at 3434 Buck Mountain Road and 5147 Franklin Road, Cave Spring Magisterial District (First Reading and request for Public Hearing and Second Reading) 3. The petition of Terio and Lisa Comerose to remove the existing proffered conditions on approximately 14.713 acres of land zoned AVCS, Agricultural/Village Center District with conditions and special use permit, and AR, Agricultural/Residential District, located at 9651 Bent Mountain Road, 9744 Tinsley Lane, and 9786 Tinsley Lane, Windsor Hills Magisterial District (First Reading and request for Public Hearing and Second Reading) 4. The petition of Hugo Jimenez to rezone approximately 1.24 acres of land from C- 1, Low Intensity Commercial District, to 1-1, Low Intensity Industrial District, and to obtain a special use permit to operate a construction yard located at 5681 Starkey Road, Cave Spring Magisterial District (First Reading and request for Public Hearing and Second Reading) 5. The petition of Martie Murphy to obtain a special use permit to operate a car wash on approximately 5.995 acres of land zoned C-2, High Intensity Commercial District, and C-2C, High Intensity Commercial District with conditions, located at 3939 Valley Gateway Boulevard, Vinton Magisterial District (First Reading and request for Public Hearing and Second Reading) Page 3 of 5 6. Ordinance authorizing the approval of new variable width drainage easements to the Board of Supervisors of Roanoke County, Virginia on properties on Colonial Avenue and Vest Drive for the purpose of drainage improvements, in the Cave Spring Magisterial District (First Reading and request Second Reading) 7. Ordinance authorizing the acquisition of one-half (1/2) interest in three (3) parcels of real property containing approximately 42 acres adjacent to Explore Park, located in Roanoke County and in Bedford County, and authorizing execution of an amended purchase agreement, deeds of conveyance and other documents necessary to accomplish the acquisition of this real estate (Second Reading) 8. Ordinance accepting and appropriating a donation from the Cave Spring First Aid and Rescue Squad, Inc. in the amount of $8,250 for use by the Roanoke County General Services Department (Second Reading) 9. Request to accept and allocate funds in the amount of $24,651.80 to the Clerk of the Circuit Court from the Commonwealth of Virginia for Technology Trust Funds 10. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Todd R. Hanson, Firefighter/EMT, upon his retirement after more than twenty (20) years of service 11. Request to approve the Roanoke Regional Cable Television budget for fiscal year 2023-2024 G. CITIZENS' COMMENTS AND COMMUNICATIONS H. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of March 31, 2023 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of March 31, 2023 5. Accounts Paid — March 31, 2023 I. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. David F. Radford 2. P. Jason Peters 3. Phil C. North 4. Paul M. Mahoney 5. Martha B. Hooker Page 4 of 5 J. WORK SESSIONS 1. Work session to discuss the Bonsack Fire Station with the Board of Supervisors (Doug Blount, Assistant County Administrator; George Assaid, Capital Projects Administrator) K. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: Public hearing for citizen comments on the proposed Fiscal Year 2023-2024 Operating Budget and the proposed Fiscal Year 2024-2033 Capital Improvement Program SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Conduct a public hearing for citizen comment on the proposed fiscal year 2023-2024 Operating Budget and the fiscal year 2024-2033 Capital Improvement Program. BACKGROUND: State Code requires a public hearing to receive written and oral comments on the proposed fiscal year 2023-2024 Operating Budget and the proposed fiscal year 2024- 2033 Capital Improvement Program. This public hearing satisfies that requirement. DISCUSSION: This time has been set aside for a public hearing on the proposed annual budget for fiscal year 2023-2024 and the fiscal year 2024-2033 Capital Improvement Program. A summary of the proposed budget was advertised in the Roanoke Times on April 16, 2023, and budget documents can be found on the Roanoke County website at www.roanokecountyva.gov Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with this public hearing. STAFF RECOMMENDATION: Staff recommends conducting the public hearing to satisfy State code requirements and receive citizen comments on the proposed annual budget for fiscal year 2023-2024 and the fiscal year 2024-2033 Capital Improvement Program. Page 2 of 2 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: Ordinance authorizing the acquisition of new, variable -width easements for a stream restoration project located on Canter Drive and Titan Trail in the Windsor Hills Magisterial District SUBMITTED BY: Tarek Moneir Director of Development Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance authorizing the acquisition of stream restoration and temporary easements in support of possible stream restoration project in Windsor Hills Magisterial District. BACKGROUND: The Virginia Department of Environmental Quality (DEQ) has assigned Roanoke County a waste -load allocation (WLA) for sediment, which standard is enforceable under the County's Municipal Separate Storm Sewer System (MS4) permit. The County is required by its MS4 permit to decrease discharge of sediment to the Roanoke River to the maximum extent practicable to meet its WLA. One of the means that the County has been addressing this permit requirement is by constructing natural stream restoration projects in streams within its MS4 service area that are experiencing severe bank erosion. The County has previously completed 5 stream restoration projects, and has one project about to be advertised for construction. The County has programmed designing and constructing one stream restoration project about every 2 years using grant funding from the Virginia Local Stormwater Assistance Fund (SLAF) fifty percent (50%), and local funds from the Capital Improvement Program (CIP) fifty percent (50%). In 2015, the County had a consultant perform a high-level assessment of County Page 1 of 3 streams to identify the most promising candidate sites for stream restoration projects. One of the top sites identified in this study was an unnamed tributary to Mudlick Creek located at Hidden Valley High School and along Canter Drive. In June 2022, residents along Canter Drive contacted the County and requested assistance to address erosion issues that they were experiencing from this unnamed tributary to their properties. Several meetings were held with residents to discuss their erosion concerns. Staff explained that the erosion from the stream on their property could not be addressed through the County's drainage program since it was a private property issue. However, since this section of unnamed stream had been identified as a significant source of sediment, it might be possible to construct a stream restoration project to further the County's MS4 permit compliance. Staff informed the residents that this process would take several years and was contingent on obtaining easements from five impacted residential properties, and from the Roanoke County School Board for work on Hidden Valley High School property; obtaining state SLAF funding, and continued local funding. The affected residents expressed support for this stream restoration project. Staff has obtained donations of stream restoration and temporary easements from the five residential properties and the Roanoke County School Board that would be required to allow construction. DISCUSSION: Constructing this stream restoration project would support compliance with the County's MS4 permit, and would address citizen erosion concerns. The next SLAF application period is in October 2023. Executing easements prior to grant application would strengthen our application and increase our chance of grant selection. Following is a listing of properties: Tax Parcel ID 086.07-03-03.00-0000 Tax Parcel ID 086.07-02-04.00-0000 Tax Parcel ID 086.07-03-05.00-0000 Tax Parcel ID 086.07-03-04.00-0000 Tax Parcel ID 086.07-03-02.00-0000 Tax Parcel ID 086.07-01-01.00-0000 FISCAL IMPACT: Michael T. Kupec & Karen N. Kupec Thomas R. Oster & Sherry H. Oster John M. Cummings & Joyce A. Cummings Douglas C. Martin & Kathryn E. Martin Kerlie Talice Roanoke County School Board There is no fiscal impact to obtain easements. If the easements are executed, and the stream restoration project proceeds to design and construction; the costs will be Page 2 of 3 supported fifty percent (50%) by State SLAF grant and fifty percent (50%) local CIP funding. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance of accepting these easements and scheduling the second reading for May 9, 2023. Page 3 of 3 PREPARED BY: Mary Beth Nash VSB # 38800 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 This instrument is exempt from the imposition of recordation fees and taxes pursuant to § 58.1- 811(A)(3) and § 17.1-266 of the Code of Virginia (1950), as amended. Roanoke County Tax Map No: 086.07-03-05.00-0000 Property Owners: John M. Cummings and Joyce A Cummings THIS DEED OF EASEMENT is entered into this day of 2023, by and between JOHN M. CUMMINGS and JOYCE A. CUMMINGS, Grantors, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH That for and in consideration of the sum of One Dollar ($1), paid in hand at and with the execution and delivery of this Deed, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, Grantors do hereby GRANT and CONVEY unto the Grantee, its successors and assigns, the following described real estate for stream restoration purposes: A new variable -width stream restoration easement consisting of approximately 5471 square feet, to construct, install, improve, operate, inspect, use, maintain, and repair or replace the stream and its riparian buffers, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to John M. Cummings and Joyce A. Cummings, Grantors, shown and designated as "New Variable width stream restoration easement 5471 SF +/- upon the Plat entitled "PLAT OF STREAM RESTORATION EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and JOHN AND JOYCE CUMMINGS 5367 CANTER DRIVE, WINDSOR HILLS MAG. DISTRICT, ROANOKE VA TAX PARCEL 086.07- 03-05.00-0000" prepared by Nickie Mills, Professional Land Surveyor, Department of Development Services, dated 26 January 2023, said parcel being designated on the Roanoke County Land Records as Tax Map # 086.07-03-05.00- Page 1 of 5 0000. The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by reference incorporated herein. The stream restoration easement being for the installation and maintenance of a stream and riparian buffers, and to allow for necessary grading and storage during any phase of construction, reconstruction, repair or replacements of the improvements to the stream and its riparian buffers, the location of which is set forth on the plat. The Grantee agrees to restore and repair any actual damage to Grantors' property that may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantors agree that the Grantee may remove any improvements from the easement area and will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantors will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents have the right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that in any way endanger or interfere with the proper use of the same. The Grantors covenant that no building, structures or other improvements shall be erected upon or within the easement herein granted. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantors covenant that the easement area shall remain in its natural state following the Grantee's stream restoration project. The Grantors shall not change any grades or slopes, or perform any land disturbance. No vegetation may be removed from the easement area, except that the Grantors may prune and/or remove diseased or dead plants, and may remove plants that are listed on the Virginia Department of Conservation and Recreation Invasive Plant Species List. Page 2 of 5 The Grantors acknowledges that the plans for the aforesaid project as they affect Grantors' property have been fully explained to Grantors. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the easement by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantors covenant and agree for themselves, and for their successors and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement area. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. Richard L. Caywood, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by the Board of Supervisors of the interest in the real estate conveyed herein pursuant to Action No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 2023. WITNESS the following signatures and seals: [remainder of page intentionally blank] Page 3 of 5 JOHN M. CUMMINGS Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by John M. Cummings, Grantor. Notary Public My commission expires: JOYCE A. CUMMINGS Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Joyce A. Cummings, Grantor. My commission expires: Notary Public Page 4of5 BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Richard L. Caywood, County Administrator Commonwealth of Virginia County of Roanoke, to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Approved as to form: County Attorney Page 5 of 5 NOTES: THIS MAP REFLECTS A PLAT FROM RECORDS. A BOUNDARY SURVEY OF THE PARCEL AFFECTED WAS NOT PERFORMED. BEARINGS AND DISTANCES ARE PER PLAT, OR EXTENDED TO INTERSECT PLAT LINES. THIS MAP WAS PREPARED WITHOUT THE BENEFIT OFATITLE REPORT, AND MAY NOT REFLECT ALL ENCUMBRANCES. THE EASEMENT SHOWN HEREON IS NOT IN A SPECIAL FLOOD HAZARD - — AREA, PER FIRM PANEL 51161C0159G, LAST REVISED 9-28-07. NEW VARIABLE WIDTH STREAM RESTORATION EASEMENT 5,471 SF +/- oLn I Ln TAX # 086.07-03-06.00-0000 JEWUSIAK DAVID M; JEWUSIAK MARY B DB201103366 6'i 9 AGE.6)S7 0' 30' 60' TAX # 086.07-01-01.00-0000 ROANOKE COUNTY SCHOOL BOARD CH07/06/1999 DB 1620, PG 445 105.13' N 39° 40' 00" W 5367 CANTER DRIVE TAX # 086.07-03-05.00-0000 CUMMINGS JOHN M; CUMMINGS JOYCE A DB0200323391 105.00' N 36'50'13" W CANTER DRIVE 50' PUBLIC RZW 1100' +/- TO CROMWELL CT 90' SCALE: 1 "=30' EX. 20' DRAINAGE EASEMENT CENTERED ON NATURAL WATERCOURSE PB 9, PG 334 TAX # 086.07-03-04.00-0000 MARTIN DOUGLAS C; MARTIN KATHRYN E DB201208648 PLAT of STREAM RESTORATION EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and JOHN AND JOYCE CUMMINGS rn,. r, A 1. Tmr�n TTITi rr, AT rn. ITN rlT1 TTTT T Ci Tif n r' TAT'T'T)T/�T PREPARED BY: Mary Beth Nash VSB # 38800 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 This instrument is exempt from the imposition of recordation fees and taxes pursuant to § 58.1- 811(A)(3) and § 17.1-266 of the Code of Virginia (1950), as amended. Roanoke County Tax Map No: 086.07-03-04.00-0000 Property Owners: Douglas C. Martin and Kathryn E. Martin THIS DEED OF EASEMENT is entered into this day of 2023, by and between DOUGLAS C. MARTIN and KATHRYN E. MARTIN, Grantors, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH That for and in consideration of the sum of One Dollar ($1), paid in hand at and with the execution and delivery of this Deed, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, Grantors do hereby GRANT and CONVEY unto the Grantee, its successors and assigns, the following described real estate for stream restoration purposes: A new variable -width stream restoration easement consisting of approximately 4845 square feet, to construct, install, improve, operate, inspect, use, maintain, and repair or replace the stream and its riparian buffers, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to Douglas C. Martin and Kathryn E. Martin, Grantors, shown and designated as "New variable width stream restoration easement 4845 SF +/- upon the Plat entitled "PLAT OF STREAM RESTORATION EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and DOUGLAS C. MARTIN & KATHRYN E. MARTIN 5359 CANTER DRIVE, WINDSOR HILLS MAG. DISTRICT, ROANOKE VA TAX PARCEL 086.07- 03-04.00-0000" prepared by Nickie Mills, Professional Land Surveyor, Depailment of Development Services, dated 26 January 2023, said parcel being designated on the Roanoke County Land Records as Tax Map # 086.07-03-04.00- Page 1 of 5 0000. The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by reference incorporated herein. The stream restoration easement being for the installation and maintenance of a stream and riparian buffers, and to allow for necessary grading and storage during any phase of construction, reconstruction, repair or replacements of the improvements to the stream and its riparian buffers, the location of which is set forth on the plat. The Grantee agrees to restore and repair any actual damage to Grantors' property that may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantors agree that the Grantee may remove any improvements from the easement area and will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantors will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents have the right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that in any way endanger or interfere with the proper use of the same. The Grantors covenant that no building, structures or other improvements shall be erected upon or within the easement herein granted. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantors covenant that the easement area shall remain in its natural state following the Grantee's stream restoration project. The Grantors shall not change any grades or slopes, or perform any land disturbance. No vegetation may be removed from the easement area, except that the Grantors may prune and/or remove diseased or dead plants, and may remove plants that are listed on the Virginia Department of Conservation and Recreation Invasive Plant Species List. Page 2 of 5 The Grantors acknowledges that the plans for the aforesaid project as they affect Grantors' property have been fully explained to Grantors. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the easement by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantors covenant and agree for themselves, and for their successors and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement area. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. Richard L. Caywood, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by the Board of Supervisors of the interest in the real estate conveyed herein pursuant to Action No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 2023. WITNESS the following signatures and seals: [remainder of page intentionally blank] Page 3 of 5 DOUGLAS C. MARTIN Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Douglas C. Martin, Grantor. Notary Public My commission expires: KATHRYN E. MARTIN Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Kathryn E. Martin, Grantor. My commission expires: Notary Public Page4of5 BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Richard L. Caywood, County Administrator Commonwealth of Virginia County of Roanoke, to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Approved as to form: County Attorney Page 5 of 5 NOTES: THIS MAP REFLECTS A PLAT FROM RECORDS. A BOUNDARY SURVEY OF THE PARCEL AFFECTED WAS NOT PERFORMED. BEARINGS AND DISTANCES ARE PER PLAT, OR EXTENDED TO INTERSECT PLAT LINES. THIS MAP WAS PREPARED WITHOUT THE BENEFIT OFATITLE REPORT, AND MAY NOT REFLECT ALL ENCUMBRANCES. THE EASEMENT SHOWN HEREON IS NOT IN A SPECIAL FLOOD HAZARD AREA, PER FIRM PANEL 51161C0159G, LAST REVISED 9-28-07. NEW VARIABLE WIDTH STREAM RESTORATION EASEMENT 4,845 SF +I - TAX # 086.07-01-01.00-0000 ROANOKE COUNTY SCHOOL BOARD CH07/06/1999 DB 1620, PG 445 85.60' N 39' 40' W r $ r TAX # 086.07-03-05.00-0000 CUMMINGS JOHN M; CUMMINGS JOYCE A DB0200323391 0' 30' L5041 /317- A EX. 20' DRAINAGE EASEMENT CENTERED ON NATURAL WATERCOURSE PB 9, PG 334 5359 CANTER DRIVE TAX # 086.07-03-04.00-0000 MARTIN DOUGLAS C; MARTIN KATHRYN E DB201208648 68.95' N36'S0'13;W_1 CANTER DRIVE 50' PUBLIC RZW 60' 90' SCALE: 1 "=30' TAX # 086.07-03-03.00-0000 KUPEC MICHAEL T; KUPEC KAREN N DB0017120860 D4'32'27,' R454.94 A36.06 990' +I- TO CROMWELL CT PLAT of STREAM RESTORATION EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and DOUGLAS C. MARTIN & KATHRYN E. MARTIN PREPARED BY: Mary Beth Nash VSB # 38800 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 This instrument is exempt from the imposition of recordation fees and taxes pursuant to § 58.1- 811(A)(3) and § 17.1-266 of the Code of Virginia (1950), as amended. Roanoke County Tax Map No: 086.07-02-04.00-0000 Property Owners: Thomas R. and Sherry H. Oster THIS DEED OF EASEMENT is entered into this day of 2023, by and between THOMAS R. OSTER and SHERRY H. OSTER, Grantors, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH That for and in consideration of the sum of One Dollar ($1), paid in hand at and with the execution and delivery of this Deed, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, Grantors do hereby GRANT and CONVEY unto the Grantee, its successors and assigns, the following described real estate for a temporary construction easement that is necessary for Grantee to complete a stream restoration proj ect: A temporary construction easement of variable width, consisting of approximately 5483 square feet, to construct, install, improve, operate, inspect, use, maintain, for purposes of accessing a stream restoration project on adjacent properties, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to Thomas R. and Sherry H. Oster, Grantors, shown and designated as "Variable Width Temporary Construction Easement 5483SF +/-" upon the Plat entitled "PLAT OF TEMPOROARY CONSTRUCTION EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and THOMAS and SHERRY OSTER 5235 CANTER DRIVE, WINDSOR HILLS MAG. DISTRICT, ROANOKE VA TAX PARCEL 086.07- 02-04.00.00-0000" prepared by Nickie Mills, Professional Land Surveyor, Depaiiment of Development Services, dated 26 January 2023, said parcel being Page 1 of 5 designated on the Roanoke County Land Records as Tax Map #086.07-02-04.00- 0000. The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by reference incorporated herein. The temporary construction easement being for the staging, ingress and egress for a stream restoration project on adjacent properties, and to allow for necessary grading and storage during any phase of construction, reconstruction, repair or replacements of the improvements to the stream restoration project, the location of which is set forth on the plat. The Grantee agrees to restore and repair any actual damage to Grantors' property that may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantors agree that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantors will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents have the right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that in any way endanger or interfere with the proper use of the same. The Grantors covenant that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantors acknowledges that the plans for the aforesaid project as they affect Grantors' property have been fully explained to Grantors. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the easement by the Grantee shall Page 2 of 5 remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantors covenant and agree for themselves, and for their successors and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement area. This temporary easement will be extinguished six months after final completion of construction of the Stream Restoration project on the neighboring properties, or ten years from the date of this agreement, whichever occurs first. The grant and provision of this temporary construction Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns until such Easement is extinguished in the manner set forth herein. Richard L. Caywood, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by the Board of Supervisors of the interest in the real estate conveyed herein pursuant to Action No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 2023. WITNESS the following signatures and seals: [remainder of page intentionally blank] Page 3of5 THOMAS R. OSTER Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Thomas R. Oster, Grantor. Notary Public My commission expires: SHERRY H. OSTER Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Sherry H. Oster, Grantor. My commission expires: Notary Public Page4of5 BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Richard L. Caywood, County Administrator Commonwealth of Virginia County of Roanoke, to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Approved as to form: County Attorney Page 5 of 5 20' P.U.E. AND SLOPE EASEMENT NOTES: THIS MAP REFLECTS PLAT FROM RECORDS. A BOUNDARY SURVEY OF THE PARCEL AFFECTED WAS NOT PERFORMED. BEARINGS AND DISTANCES ARE PER PLAT, OR EXTENDED TO INTERSECT PLAT LINES. THIS MAP WAS PREPARED WITHOUT THE BENEFIT OFATITLE REPORT, AND MAY NOT REFLECTALL ENCUMBRANCES. THE EASEMENT SHOWN HEREON IS NOT IN A SPECIAL FLOOD HAZARD AREA, PER FIRM PANEL 51161C0159G, LAST REVISED 9-28-07. 0' O o 44, co 60' \ TAX # 086.07-03-01.00-0000 ANDREWS MICHELE p DB201303893 ��g\ \ �\ 1 cROMVVEL1- CW 50' APPROX. LOCATION EX.\ SANITARY SEWER 1 EASEMENT 1 APPROX. LOCATION EX. DRAINAGE EASEMENT EX. STREAM 120' 180' �1= MIM-�MEM SCALE: 1"=60' PLAT of TEMPORARY CONSTRUCTION EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and THOMAS AND SHERRY OSTER 5235 CANTER DRIVE, WINDSOR HILLS MAG. DISTRICT, ROANOKE, VA TAX PARCEL 086.07-02-04.00-0000 ,-T \ lT A EX. STREAM VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT 5,483 SF +1- TAX # 086.07-01-01.00--0000 ROANOKE COUNTY SCHOOL BOARD CH07/06/1999 DB 1620, PG 445 42.32' Crti�� � \ w vy l ,t \ S 56'35'42" \ W EX. STREAM 1\ \� \� \_ \ o 5235 CANTER DRIVE \\�ci'y TAX # 086.07-02-04.00-0000 \ OSTER THOMAS R; OSTER SHERRY H DB0200404964 186.95' S 74°41'25" W TAX # 086.07-02-03.00-0000 KRACK FREDERICK A; KRACK JUDITH L PREPARED BY: Mary Beth Nash VSB # 38800 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 This instrument is exempt from the imposition of recordation fees and taxes pursuant to § 58.1- 811(A)(3) and § 17.1-266 of the Code of Virginia (1950), as amended. Roanoke County Tax Map No: 086.07-03-02.00-0000 Property Owner: Kerlie Talice THIS DEED OF EASEMENT is entered into this day of 2023, by and between KERLIE TALICE, Grantor, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH That for and in consideration of the sum of One Dollar ($1), paid in hand at and with the execution and delivery of this Deed, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, Grantor doES hereby GRANT and CONVEY unto the Grantee, its successors and assigns, the following described real estate for stream restoration purposes: A new variable -width stream restoration easement consisting of approximately 8131 square feet, to construct, install, improve, operate, inspect, use, maintain, and repair or replace the stream and its riparian buffers, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to Kerlie Talice, Grantor, shown and designated as "New variable width stream restoration easement 8131 SF +/- upon the Plat entitled "PLAT OF STREAM RESTORATION EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and KERLIE TALICE 5331 CANTER DRIVE, WINDSOR HILLS MAG. DISTRICT, ROANOKE VA TAX PARCEL 086.07-03-02.00-0000" prepared by Nickie Mills, Professional Land Surveyor, Depaihnent of Development Services, dated 26 January 2023, said parcel being designated on the Roanoke County Land Records as Tax Map # 086.07-03-02.00- 0000. The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by reference incorporated herein. Page 1 of 4 The stream restoration easement being for the installation and maintenance of a stream and riparian buffers, and to allow for necessary grading and storage during any phase of construction, reconstruction, repair or replacements of the improvements to the stream and its riparian buffers, the location of which is set forth on the plat. The Grantee agrees to restore and repair any actual damage to Grantor's property that may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee may remove any improvements from the easement area and will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents have the right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building, structures or other improvements shall be erected upon or within the easement herein granted. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor covenants that the easement area shall remain in its natural state following the Grantee's stream restoration project. The Grantor shall not change any grades or slopes, or perform any land disturbance. No vegetation may be removed from the easement area, except that the Grantor may prune and/or remove diseased or dead plants, and may remove plants that are listed on the Virginia Department of Conservation and Recreation Invasive Plant Species List. The Grantor acknowledges that the plans for the aforesaid project as they affect Grantor's property have been fully explained to Grantor. The fixtures, facilities, lines, utilities, and any Page 2 of 4 other improvements placed upon, under, or across the easement by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for themselves, and for their successors and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement area. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. Richard L. Caywood, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by the Board of Supervisors of the interest in the real estate conveyed herein pursuant to Action No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 2023. WITNESS the following signatures and seals: [remainder of page intentionally blank] Page 3 of 4 KERLIE TALICE Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Kerlie Talice, Grantor. My commission expires: Notary Public BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Richard L. Caywood, County Administrator Commonwealth of Virginia County of Roanoke, to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Approved as to form: County Attorney Page 4 of 4 NOTES: THIS MAP REFLECTS A PLAT FROM RECORDS. A BOUNDARY SURVEY OF THE PARCEL AFFECTED WAS NOT PERFORMED. BEARINGS AND DISTANCES ARE PER PLAT, OR EXTENDED TO INTERSECT PLAT LINES. THIS MAP WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT, AND MAY NOT REFLECT ALL ENCUMBRANCES. THE EASEMENT SHOWN HEREON IS NOT IN A SPECIAL FLOOD HAZARD AREA, PER FIRM PANEL 51161C0159G, LAST REVISED 9-28-07. Ex'1T 1 fj 1 T A EX. 20' DRAINAGE TAX # EASEMENT CENTERED ON 086.07-01-01.00-0000 NATURAL WATERCOURSE ROANOKE COUNTY PB 9, PG 334 SCHOOL BOARD NEW VARIABLE WIDTH CH07/06/1999 STREAM RESTORATION / DB ,I620, PG 445 EASEMENT 8,131 SF +1- f NEW AREA) �� 9 40'00�� �16` �-°-� 11 \\\\ � �'- %� �- � �� TAX .' �,' ..--- (TOTAL r 086.07-03-01.00-0000 /' /r ANDREWS MICHELE i' / DB201303893 _L`____ ▪ �.- Yr al _A / ▪ /O / / .�r� \ / 0'� 5331 CANTER DRIVE j'1�'- 1 TAX # ��� f 086.07-03-02.00-0000r r0 TALICE KERLIE \LC _. DB202200886 -- TAX # r �_ j E 2 2 086.07-03-03.00-0000 1 WJ.?, S 5_050 — 139:-c1--- KUPEC KAREN L T; \ J f O cgOM�E\L KUPEC KAREN N DB0017120860 ocy +1-1 R °RIV W 5Q 0' 50' 100' 150' SCALE: 1 "=50' PLAT of STREAM RESTORATION EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and KERLIE TALICE c ^f T CI A I.TT`7 ,T) T'1T) TN Tt AITTTUT'%C rYD LTTT T Q if A PREPARED BY: Mary Beth Nash VSB # 38800 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 This instrument is exempt from the imposition of recordation fees and taxes pursuant to § 58.1- 811(A)(3) and § 17.1-266 of the Code of Virginia (1950), as amended. Roanoke County Tax Map No: 086.07-01-01.00-0000 Property Owners: Roanoke County School Board THIS DEED OF EASEMENT is entered into this day of 2023, by and between ROANOKE COUNTY SCHOOL BOARD, Grantor, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH That for and in consideration of the sum of One Dollar ($1), paid in hand at and with the execution and delivery of this Deed, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, Grantors do hereby GRANT and CONVEY unto the Grantee, its successors and assigns, the following described real estate for stream restoration purposes: A new stream restoration easement consisting of approximately 2.147 Acres, to construct, install, improve, operate, inspect, use, maintain, and repair or replace the stream and its riparian buffers, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Roanoke County School Board, Grantor, shown and designated as "Stream restoration easement 2.147 AC +/- upon the Plat entitled "PLAT OF STREAM RESTORATION EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and COUNTY OF ROANOKE SCHOOL BOARD, 5000 TITAN TRAIL, WINDSOR HILLS MAG. DISTRICT, ROANOKE VA TAX PARCEL 086.07-01-01.00-0000" prepared by Nickie Mills, Professional Land Surveyor, Department of Development Services, dated 26 January 2023, said parcel being designated on the Roanoke County Land Records as Tax Map # 086.07-01-01.00-0000. The location of said easement is more particularly Page 1 of 4 described on the plat attached hereto as "Exhibit A" and by reference incorporated herein. The stream restoration easement being for the installation and maintenance of a stream and riparian buffers, and to allow for necessary grading and storage during any phase of construction, reconstruction, repair or replacements of the improvements to the stream and its riparian buffers, the location of which is set forth on the plat. The Grantee agrees to restore and repair any actual damage to Grantor's property that may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee may remove any improvements from the easement area and will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents have the right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building, structures or other improvements shall be erected upon or within the easement herein granted. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor covenants that the easement area shall remain in its natural state following the Grantee's stream restoration project. The Grantor shall not change any grades or slopes, or perform any land disturbance. No vegetation may be removed from the easement area, except that the Grantor may prune and/or remove diseased or dead plants, and may remove plants that are listed on the Virginia Department of Conservation and Recreation Invasive Plant Species List. Page 2 of 4 The Grantor acknowledges that the plans for the aforesaid project as they affect Grantor's property have been fully explained to Grantor. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the easement by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agree for themselves, and for their successors and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement area. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. Richard L. Caywood, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by the Board of Supervisors of the interest in the real estate conveyed herein pursuant to Action No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 2023. WITNESS the following signatures and seals: [remainder of page intentionally blank] Page 3 of 4 ROANOKE COUNTY SCHOOL BOARD By Superintendent Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Kenneth Nicely, Superintendent, on behalf of the Roanoke County School Board, Grantor. My commission expires: Notary Public BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Richard L. Caywood, County Administrator Commonwealth of Virginia County of Roanoke, to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Approved as to form: County Attorney Page 4 of 4 KNOW ALL MEN BY THESE PRESENTS TO WIT: THE ROANOKE COUNTY SCHOOL BOARD IS THE FEE SIMPLE OWNER OF THE PARCEL OF LAND SHOWN HEREON IDENTIFIED AS TAX PARCEL 086,07.01-01.00-0000. THE SATfI OWNER DOES HEREBY CERTIFY THAT THEY HAVE CONVEYED THE STREAM RESTORATION EASEMENT SHOWN HEREON ENTIRELY OF THEIR OWN FREE WI11 AND ACCORD AS REQUIRED BY SECTION 15.2-2240 THROUGH 15.2-2270 OF THE 19S0 CODE OF VIRGINIA AS AMENDED TO DATE, AND AS REQUIRED BY THE COUNTY OF ROANOKE, VIRGINIA SUBDIVISION ORDINANCE AS AMENDED. BY VIRTUE OF THE RECORDATION OF THIS PLAT, THE SAID OWNERS ➢D HEREBY DEDICATE THOSE AREAS SHOWN FOR STREAM RESTORATION EASEMENTS SUBJECT TO THE APPROVED TERMS OF THE EASEMENT. WITNESS THE SIGNATURE AND SEAL OF SAID OWNERS: AGENT, ROANOKE COUNTY SCHOOL BOARD DATE STATE OF VIRGINIA OF 1, A NOTARY PUBLIC IN AND FOR THE AFORESAID STATE DO HEREBY CERTIFY THAT . WHOSE NAME IS SIGNED TO THE FOREGOING WRITING HAS PERSONALLY APPEARED BEFORE ME AND ACKNOWLEDGED THE SAME IN MY AFORESAID JURISDICTION ON THIS OF 2022. MY COMMISSION EXPIRES NOTARY PUBLIC DAY WITNESS THE SIGNATURE AND SEAL OF SAID OWNER: THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA DATE AUTHORIZED AGENT STATE OF VIRGINIA OF I I , A NOTARY PUBLIC IN AND FOR THE AFORESAID STATE DO HEREBY CERTIFY THAT WHOSE NAME IS SIGNED TO THE FOREGOING WRITING HAS PERSONALLY APPEARED BEFORE ME AND ACKNOWLEDGED THE SAME IN MY AFORESAID JURISDICTION ON THIS OF , 2022. MY COMMISSION EXPIRES NOTARY PUBLIC DAY DEPARTMENT OF DEVELOPMENT SERVICES 5204 BERNARD DRIVE ROANOKE. VA 24018 (540) 772-2080 u IC TCI II. MILLS Lk No. 0403003418 rw DATE: Ze PLC BO 500 TA: \ \ TAX # 086.07-01-01.00-000C ROANOKE COUNTY 'SCHOOL BOARD CH07/06/1999 DB 162C, PG 445 }' \ \ \ \ - i \ \ �`r Cf \ - \ \ _ \ \ • \ \ NOTES: 1. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT BY A LICENSED ATTORNEY. THEREFORE, THERE MAY EXIST ENCUMBRANCES WHICH AFFECT THE SUBJECT PROPERTY THAT MAY NOT HE SHOWN HEREON. 2. THE SUBJECT PROPERTY 15 IN A SPECIAL FLOOD HAZARD AREA, PER FIRM PANEL 51161CO232G, LAST REVISED 9-28-07. THE DETERMINATION IS BASED ON SAID MAP AND HAS NOT BEEN VERIFIED RYACTUAL FIELD ELEVATIONS. 3, LEGAL REFERENCES: DB 1520, PC 445. PB 9, PG 334 \ IN THE CLERK'S OFFICE OF THE C1RCUfl COURT OF THE COUNTY OF ROANOKE, \ VIRGINIA, THIS MAP WAS PRESENTED WITH THE CERTIFICATE OF ACKNOWLEDGEMENT \ _ THERETO ATTACHED ADMITTED TO RECORD AT O'CLOCK .M. ON •- THIS DAY OF .2022. \ TESTE: \ CLERK BY' DEPUTY CLERK AT OF STREAM RESTORATION EASEMENT for COUNTY OF ROANOKE ►ARD OF SUPERVISORS and COUNTY OF ROANOKE SCHOOL BOARD )0 TITAN TRAIL, WINDSOR HILLS MAG. DISTICT, ROANOKE, VA X PARCEL 086.07-0 I -0 I.00-0000 EXHIBIT A 2 of 2 PREPARED BY: Mary Beth Nash VSB # 38800 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 This instrument is exempt from the imposition of recordation fees and taxes pursuant to § 58.1- 811(A)(3) and § 17.1-266 of the Code of Virginia (1950), as amended. Roanoke County Tax Map No: 086.07-03-03.00-0000 Property Owners: Michael T. Kupec and Karen N. Kupec THIS DEED OF EASEMENT is entered into this day of 2023, by and between MICHAEL T. KUPEC and KAREN N. KUPEC, Grantors, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH That for and in consideration of the sum of One Dollar ($1), paid in hand at and with the execution and delivery of this Deed, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, Grantors do hereby GRANT and CONVEY unto the Grantee, its successors and assigns, the following described real estate for stream restoration purposes: A new variable -width stream restoration easement consisting of approximately 11,239 square feet, to construct, install, improve, operate, inspect, use, maintain, and repair or replace the stream and its riparian buffers, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to Michael T. Kupec and Karen N. Kupec, Grantors, shown and designated as "New variable width stream restoration easement 11,239 SF +/- upon the Plat entitled "PLAT OF STREAM RESTORATION EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and MICHAEL T. KUPEC & KAREN N. KUPEC 5347 CANTER DRIVE, WINDSOR HILLS MAG. DISTRICT, ROANOKE VA TAX PARCEL 086.07- 03-03.00-0000" prepared by Nickie Mills, Professional Land Surveyor, Depailment of Development Services, dated 26 January 2023, said parcel being designated on the Roanoke County Land Records as Tax Map # 086.07-03-03.00- Page 1 of 5 0000. The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by reference incorporated herein. The stream restoration easement being for the installation and maintenance of a stream and riparian buffers, and to allow for necessary grading and storage during any phase of construction, reconstruction, repair or replacements of the improvements to the stream and its riparian buffers, the location of which is set forth on the plat. The Grantee agrees to restore and repair any actual damage to Grantors' property that may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantors agree that the Grantee may remove any improvements from the easement area and will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantors will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents have the right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that in any way endanger or interfere with the proper use of the same. The Grantors covenant that no building, structures or other improvements shall be erected upon or within the easement herein granted. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantors covenant that the easement area shall remain in its natural state following the Grantee's stream restoration project. The Grantors shall not change any grades or slopes, or perform any land disturbance. No vegetation may be removed from the easement area, except that the Grantors may prune and/or remove diseased or dead plants, and may remove plants that are listed on the Virginia Department of Conservation and Recreation Invasive Plant Species List. Page 2 of 5 The Grantors acknowledges that the plans for the aforesaid project as they affect Grantors' property have been fully explained to Grantors. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the easement by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantors covenant and agree for themselves, and for their successors and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement area. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. Richard L. Caywood, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by the Board of Supervisors of the interest in the real estate conveyed herein pursuant to Action No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 2023. WITNESS the following signatures and seals: [remainder of page intentionally blank] Page 3 of 5 MICHAEL T. KUPEC Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Michael T. Kupec, Grantor. Notary Public My commission expires: KAREN N. KUPEC Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Karen N. Kupec, Grantor. My commission expires: Notary Public Page4of5 BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Richard L. Caywood, County Administrator Commonwealth of Virginia County of Roanoke, to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Approved as to form: County Attorney Page 5 of 5 NOTES: THIS MAP REFLECTSA PLAT FROM RECORDS. A BOUNDARY SURVEY OF THE PARCEL AFFECTED WAS NOT PERFORMED. BEARINGS AND DISTANCES ARE PER PLAT, OR EXTENDED TO INTERSECT PLAT LINES. THIS MAP WAS PREPARED WITHOUT THE BENEFIT OFATITLE REPORT, AND MAY NOT REFLECT ALL ENCUMBRANCES. THE EASEMENT SHOWN HEREON IS NOT IN A SPECIAL FLOOD HAZARD AREA, PER FIRM PANEL 51161C0159G, LAST 1- REVISED 9-28-07. ^j^ NEW VARIABLE WIDTH STREAM RESTORATION EASEMENT 11,239 SF +1- (D � ol� c_>< TAX #` 086.07-03-04.00-0000 MARTIN DOUGLAS C; MARTIN KATHRYN E DB201208648 TAX # 086.07-01-01.00-0000 ROANOKE COUNTY SCHOOL BOARD CH07/06/1999 DB 1620, PG 445 0' LP 0 1, 50' ixH1B7r EX. 20' DRAINAGE EASEMENT CENTERED ON NATURAL WATERCOURSE PB 9, PG 334 185.94' N 39'40'CD: 5347 CANTER DRIVE TAX # 086.07-03-03.00-0000 KUPEC MICHAEL T; KUPEC KAREN N DB0017120860 50'4g„ 9 A7 8 19 , E G`C-�� r �� DRIVE 15+I �QCRCMW -- -- � CANTER �o, pUB�-IC R�� _ TAX # �086.07-03-02.00-0000 TALICE KERLIE DB202200886 100' 150' SCALE: 1 "=50' 5A'330�� PLAT of STREAM RESTORATION EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and MICHAEL T. KUPEC & KAREN N. KUPEC r-r r , A rr, ' T TTX rT T1 T TTT T Cl 11, rf A Vicinity Map — Ordinance authorizing the acquisition of multiple public stream restoration and temporary easements for a possible stream restoration project along Canter Drive * Properties with proposed easements. Hidden Valley High School Beginning of Project; confluence of tributary with Mudlick Creek Main Stem, Mudlick Creek 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 14, 2023 ORDINANCE AUTHORIZING THE ACQUISITION OF NEW VARIABLE - WIDTH EASEMENTS FOR A STREAM RESTORATION PROJECT LOCATED ON CANTER DRIVE AND TITAN TRAIL IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, the Virginia Department of Environmental Quality (DEQ) has assigned Roanoke County a waste -load allocation (WLA) for sediment, which standard is enforceable under the County's Municipal Separate Storm Sewer System (MS4) permit; and WHEREAS, the County is required by its MS4 permit to decrease discharge of sediment to the Roanoke River to the maximum extent practicable to meet its WLA; and WHEREAS, one of the methods by which the County has been addressing this permit requirement is the construction of natural stream restoration projects in streams within its MS4 service area that are experiencing severe bank erosion; and WHEREAS, the County has historically designed and constructed one stream restoration project approximately every 2 years using grant funding from the Virginia Local Stormwater Assistance Fund (SLAF)(for 50% of the necessary funds), and local funds from the County's capital improvement program (for the remaining 50% of needed funds); and WHEREAS, it is proposed that the County likewise apply for a SLAF grant to assist in the funding of a stream restoration project located on Canter Drive and Titan Trail in the Windsor Hills Magisterial District; and WHEREAS, the acquisition of easements from property owners prior to grant application will strengthen the County's application for a SLAF grant; and Page 1 of 3 WHEREAS, the next SLAF application period is in October 2023; and WHEREAS, the names of the property owners for the individual properties at issue (collectively, "Property Owners") and the corresponding tax map numbers across which the variable width easements will lie are set forth on this chart: Address Tax Map No. Owner 5347 Canter Drive 086.07-03-03.00-0000 Michael T. Kupec & Karen N. Kupec 5235 Canter Drive 086.07-02-04.00-0000 Thomas R. Oster & Sherry H. Oster 5367 Canter Drive 086.07-03-05.00-0000 John M. Cummings & Joyce A. Cummings 5359 Canter Drive 086.07-03-04.00-0000 Douglas C. Martin & Kathryn E. Martin 5331 Canter Drive 086.07-03-02.00-0000 Kerlie Talice 5000 Titan Trail 086.07-01-01.00-0000 Roanoke County School Board WHEREAS, the Property Owners have agreed to convey the new variable -width easements to the County and have executed deeds to such effect; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on April 25, 2023, and the second reading and public hearing was held on May 9, 2023. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conveyance of these new variable -width easements by the Property Owners to the Roanoke County Board of Supervisors, as set forth in the above preliminary recitals, is hereby authorized and approved. 2. That the County Administrator, Deputy County Administrator, or Assistant County Administrator is authorized to execute, deliver and record the deeds and any other related documents on behalf of the County, and to take all such further action as any of them may deem necessary or desirable in connection with this project. The form of the Page 2 of 3 deeds and any other such documents shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective from and after the date of its adoption. Page 3 of 3 ACTION NO. ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Open district appointments BACKGROUND: 1. Roanoke County Board of Zoning Appeals: Robert Arthur's five (5) year term representing the Windsor Hills Magisterial District expired June 30, 2022. 2. Roanoke County Economic Development Authority (EDA)(appointed by District): Steve Musselwhite's four-year term on the EDA expired on September 26, 2021 and he does not wish to be reappointed. 3. Roanoke County Library Board (appointed by District): The following District appointments remain open: Vinton Magisterial District Windsor Hills Magisterial District Page 1 of 2 4. Roanoke County Parks, Recreation and Tourism Advisory Commission (appointed by District): The following appointments remain open: Mike Roop's three (3) year term representing the Vinton Magisterial District expired June 30, 2019. Rich Tomlinson's three (3) year term representing the Vinton Magisterial District expired June 30, 2021. Murray Cook's three (3) year term representing the Windsor Hills Magisterial District expired June 30, 2020. There is also one open Windsor Hills Magisterial District appointee. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25, 2023 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM F - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for April 25, 2023, designated as Item F - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 11 inclusive, as follows: 1. Approval of minutes — January 24, 2023; February 14, 2023-Special 2. The petition of Boing US Holdco, Inc. to obtain a special use permit to operate a car wash on approximately 1.97 acres of land zoned C-2, High Intensity Commercial District, and CVOD, Clearbrook Village Overlay District, located at 3434 Buck Mountain Road and 5147 Franklin Road, Cave Spring Magisterial District (First Reading and request for Public Hearing and Second Reading) 3. The petition of Terio and Lisa Comerose to remove the existing proffered conditions on approximately 14.713 acres of land zoned AVCS, Agricultural/Village Center District with conditions and special use permit, and AR, Agricultural/Residential District, located at 9651 Bent Mountain Road, 9744 Tinsley Lane, and 9786 Tinsley Lane, Windsor Hills Magisterial District (First Reading and request for Public Hearing and Second Reading) 4. The petition of Hugo Jimenez to rezone approximately 1.24 acres of land from C-1, Low Intensity Commercial District, to 1-1, Low Intensity Industrial District, and to obtain a special use permit to operate a construction yard located at 5681 Starkey Road, Cave Spring Magisterial District (First Reading and request for Public Hearing and Second Reading) 5. The petition of Martie Murphy to obtain a special use permit to operate a car wash on approximately 5.995 acres of land zoned C-2, High Intensity Commercial District, and C-2C, High Intensity Commercial District with conditions, located at 3939 Valley Gateway Boulevard, Vinton Magisterial District (First Reading and request for Public Hearing and Second Reading) Page 1 of 2 6. Ordinance authorizing the approval of new variable width drainage easements to the Board of Supervisors of Roanoke County, Virginia on properties on Colonial Avenue and Vest Drive for the purpose of drainage improvements; Cave Spring Magisterial District (First Reading and request for Public Hearing and Second Reading) 7. Ordinance authorizing the acquisition of one-half (1/2) interest in three (3) parcels of real property containing approximately 42 acres adjacent to Explore Park, located in Roanoke County and in Bedford County, and authorizing execution of an amended purchase agreement, deeds of conveyance and other documents necessary to accomplish the acquisition of this real estate (Second Reading) 8. Ordinance accepting and appropriating a donation from the Cave Spring First Aid and Rescue Squad, Inc. in the amount of $8,250 for use by the Roanoke County General Services Department (Second Reading) 9. Request to accept and allocate funds in the amount of $24,651.80 to the Clerk of the Circuit Court from the Commonwealth of Virginia for Technology Trust Funds 10. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Todd R. Hanson, Firefighter/EMT, upon his retirement after more than twenty (20) years of service 11. Request to approve the Roanoke Regional Cable Television budget for fiscal year 2023-2024 Page 2 of 2 ACTION NO. ITEM NO. F.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: The petition of Boing US Holdco, Inc. to obtain a special use permit to operate a car wash on approximately 1.97 acres of land zoned C-2, High Intensity Commercial District, and CVOD, Clearbrook Village Overlay District, located at 3434 Buck Mountain Road and 5147 Franklin Road, Cave Spring Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance 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 this ordinance is scheduled for May 23, 2023. The title of this ordinance is as follows: 1. The petition of Boing US Holdco, Inc., to obtain a special use permit to operate a car wash on approximately 1.97 acres of land zoned C-2, High Intensity Commercial District, and CVOD, Clearbrook Village Overlay District, located at 3434 Buck Mountain Road and 5147 Franklin Road, Cave Spring Magisterial District. Page 1 of 2 DISCUSSION: There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for May 23, 2023. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1, 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. Page 2 of 2 County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive POBox29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff Use Only, Date receiadi I‚Ia3 Receiver / Applica a PC Placards issued: BO tticA4 l f ,� Case Number — 5 1 Z07_ ALL APPLICANTS Check type of application filed (check all that apply) o Rezoning X Special Use o Variance o Waiver o Administrative Appeal o Comp Plan (15.2-2232) Review Applicants name/address w/zip Boing US Holdco, Inc., Attn: Rebecca McAllister 400 S. Church St., Suite 700 Charlotte, NC 28202 Phone: (281) 660-9583 Cell #: Email: Rebecca. McAl lister@ Driven Brands.com Contact for Legal Ads Owner's name/address w/zip Springwood Properties, LLC 2917 Trebark Road Buchanan, Virginia 24066 Phone #: Cell #: Email: Property Location 3434 Buck Mountain Road Roanoke, Virginia Magisterial District: Cave Spring Community Planning area: Clearbrook Tax Map No.: 088.03-02-01.00-0000 Existing Zoning: C-2 Size ofparcel(s): Acres: 1.97 Existing Land Use: Commercial REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2 2232) REVIEW APPLICANTS (RIS/W/CP) Proposed Zoning: C-2 High intensity Commercial with Special Use Proposed Land Use: Commercial - Car Wash Does the parcel meet the minimum lot area, width, and frontage Yes IK No C IF NO, A VARIANCE IS REQUIRED Does the parcel meet the minimum criteria for the requested IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this requirements of the requested district? FIRST (Rezoning). Use Type in Article IV (Special Use Permit)? Yes ( No L Yes 0 No ❑ request? A� 14 r VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (V/W/AA) N. N. Variance/Waiver of Section(s) of the Roanoke County Zoning ' ance in order to: 0) Appeal of Zoning Administrator's decision to co Mr1 1 0 2023 c Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordina . Gumll' aiti Developmento Appeal of Interpretation of Zoning Map to Sl Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACC ITEMS ARE MISSING OR INCOMPLETE. R/S/W/CP VIAA Consultation Application Justification R/SIW/CP V/AA T t IF ANY OF R/S/W/CP V/AA 8 1/2" x 11" concept plan Application fee Metes and bounds description Proffers, if applicable Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent f the owner. iPe6eccm 711,G411ta.2. Owner's Signature a-3 ca3 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant Take 5 Car Wash - Boing US Holdco, Inc. The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review 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 Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The request furthers the purpose of the Roanoke County Zoning Ordinance by redeveloping an existing commercial site along a major commercial corridor. The proposed car wash can serve a large population along that corridor. The proposed car wash conforms with buildings setbacks, lot and building coverage, frontage, and other requirements . specified in the Roanoke County Zoning Ordinance, and it is a use allowed by Special Use Permit in the C-2 High Intensity Commercial District. Furthermore, the car wash will be equipped with a water recycling system that will recycle 85% of the water used, as required by Section 30-85-10 of the Roanoke County Zoning Ordinance. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The future land use designation of the site is "Core". The proposed car wash fits into that designation in that it is a personal -service highway-orlented use that serves the region. Because of the high amount of water recycling for the facility, the car wash has a lower environmental impact than more conventional ways of washing cars, and will thus have a lower impact on the existing public water and sewer system in the area. The building design will offer a modern, clean looking look along the commercial corridor, and will complement the mix of commercial uses in that area. And car washes primarily attract visitors that are already using the road, and therefore do not generally introduce new traffic into an area. 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. As mentioned above, the proposed modern car wash replace the older existing commercial building on the site. The car wash can accommodate a high volume of cars, has ample stacking, and contains adequate vacuum stations. These factors result in a positive impact to the many members of the public that will use the facility. Because of the high amount of water recycling for the facility, the car wash will have a low impact on the existing public water and sewer system. And because car washes primarily attract visitors that are already using the road, they do not generally introduce new traffic into an area. This car wash will use an existing entrance on Buck Mountain Road and will not introduce a new entrance onto Franklin Road. No detrimental impact on neighboring businesses/residents are anticipated because of this proposed use. 3 CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS X a. Applicant name and name of development X b. Date, scale and north arrow X c. Lot size in acres or square feet and dimensions X d. Location, names of owners and Roanoke County tax map numbers of adjoining properties X e. Physical features such as ground cover, natural watercourses, floodplain, etc. X f. The zoning and land use of all adjacent properties X g. All property lines and easements X h. All buildings, existing and proposed, and dimensions, floor area and heights X i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development X j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS X k. Existing utilities (water, sewer, storm drains) and connections at the site X 1. Any driveways, entrances/exits, curb openings and crossovers X m. Topography map in a suitable scale and contour intervals X n. Approximate street grades and site distances at intersections X o. Locations of all adjacent fire hydrants X p. Any proffered conditions at the site and how they are addressed X q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. ecca- 2/27/2023 Signature of applicant Date Community Development Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list Is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic -Generating Land Uses: • Single-family residential subdivisions, Multi -family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive -through windows) • Gas station/Convenience store/Car wash • Retail shop/Shopping center • Offices (including: financial institutions, general, medical, etc.) • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing home/Clinic • Industrial site/Factory • Day care center • Bank • Non-specific use requests Road Network Situations: • Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly • When required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signal(s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date: April 19, 2005 7 Community Development Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Depai tuient of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided cis part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Rebecca McAllister Name of Petition .Pe6ecc � 712r�Ae�iatan. Petitioner's Signature 2/27/2023 Date Effective date: April 19, 2005 8 •EUMOUNTAIN RD (S.R.878) WM:MF xYORiAJ' yr£rtAws ,(0..+7.da ate rfl$mC V.. qS$a G,IO W DVS 5' US R4!rr .Li8J vailutaa EDUP„EN IALrRMY.E16A OtK5'-0t n,W :POLE .63e13,0 .e+.e z IIE F!O VE :THt t R4W OFNlN � YMw18' Ab ccavmvLSOX :IPPA.0C�m3 STALLS VTCINETYMAP SCAIE',TAU LANDSCAPE LEGEND: OFROFOOM Wat lcusTREE 0 FROPoSEDSNPLEB CRVTRFE • FROPOSED,Remu =urn' E05TPi 1121,30.E NOTES: CONCRETE R` ruor., ID q at.^1,00 =AM5L) aP a3s fiRMh E 96PFPO.a9 THIS 1 91'E Sw bx1174 OLEARIMOIORtLBE TOISTpCY. :NE FROWONC OG ROANOKE COM, 2OWrGORdNwCE SWIM 5092E1 SI WLPPRY. FRANKLIN ROAD BUFFER CALCULATIONS: R9G 2.0. SEC 20s2,5sc:11 IFNCSH OF9ulD'IC = 19]FT. (:_O=5) LANDSCAPING RECIAPID FER30OF SUWNGE JRG 1REE = 165. 8 W.. 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EACEEDS B4'L1 REFEE TO COZEN STRUCTURAL NOTES ON 5011 R Row -roman AND NmencEN vNEcutt TIN Aso, LosnomNC rPAUE E AND FRAME ENSRIES. ND FINISHES AND GLASS EXTERIOR FINISH SCHEDULE N0. AREA COLOR 0 TOWER BY MANUF. MATCH SW B19.15EOA1E GIRT /� lJ METAL PANELS SY MENLOIBLEILIMESTONE 0 ACCENT SW MAICNSW COLOR EMS, GRA5 DARECMU MATCH SW COLOR• BINC, BLAUFOA 1 ARCHITECT OF RECORD' RALPH M. COLEMAN VIRGINIA REGISTERED ARCHITECT v "A OWNERS REPRESENTATIVE COR3 DESIGN. LLC ARCHITECTURE "C COR3 Design, LLC i 125 Rhe4t And L Suite 101 Greenville, SC 29601 14 Phoney 861451.5285 -D : Far:. 8E4 990.3085 8 oma*lcor3design.cnm qW5 SFROCTLIPAL E c PLUMBING� MECHANICAL r.MMyy a I ELE1UTRIYAL 0 6 TAKE 5 CAR WASH G= ROA BUCK MOUNTAINANOKEVRD, ROANOKE, VA S - W H -M 10 12 13 17 8 N A4.00 Itnittla EXTERIOR ELEkW-IONS Page 1 of 6 Rebecca James - RE: [EXTERNAL] - Take 5 Car Wash - Buck Mountain Road From: Blake Smith <basmith@pennoni.com> To: Rebecca James <RJAMES@roanokecountyva.gov> Date: 3/9/2023 11:28 AM Subject: RE: [EXTERNAL] - Take 5 Car Wash - Buck Mountain Road Cc: "Douglas R. Kennedy" <dkennedy@Pennoni.com>, Diana Milian <DMilian@Penn... Attachments: DRVBR2022032 SUP Concept Landscape Plan-Rev.pdf; DRVBR2022032 SUP Site Plan - Rev.pdf; 22085 Take 5 CW Roanoke Exterior Elevations 03.09.2023.pdf Rebecca, I think Doug Kennedy copied you on the VDOT Access Management Exception submittal to VDOT yesterday. We have made a couple of adjustments for additional traffic mitigation, including decreasing the size of the existing entrance which moves it a few feet further away from Franklin Road, and decreasing the number of car wash stacking lanes to two instead of 3. Attached is the new SUP Plan and Landscape Plan reflecting those changes. Also attached are the architectural renderings for the car wash building, as requested. Please let me know if we will be on track with the March 10 application schedule. Thanks. -Blake Blake Smith, PE, LEED, AP Principal Engineer S M IT.� DWISICIXOFPEI MQM_ 14901 Bogle Dr Suite 202 I Chantilly, VA 20151 Direct: +1 (703) 956-6204 I Mobile: •fi1.1703) 593-0299 www.oennoni.com l basmith@pennoni.com From: Rebecca lames <RJAMES@roanokecountyva.gov> Sent: Tuesday, March 7, 2023 9:30 AM To: Blake Smith <basmith@pennoni.com> Cc: Douglas R. Kennedy<dkennedy@Pennoni.com>; Diana Milian <DMilian@Pennoni.com>; Ethan Mindrebo <EMindrebo@Pennoni.com>; Greg R. Deubler <GDeubler@Pennoni.com>; Denise Sowder file :///C:/Users/rjames/AppData/Local/Temp/XPgrpwise/6409C2F9PO2 DOMAINM-Z_P... 3/10/2023 VDEITVirginia of Transportation February 2015 ACCESS MANAGEMENT EXCEPTION REQUEST: AM-E ACCESS MANAGEMENT REGULATIONS 24 VAC 30-73 SECTION 120 Submitted by: Douglas R. Kennedy, PE - Pennoni for the Applicant Boing US Holdco Inc Date: March 13, 2023 Email Address: DKennedy@Pennoni.com Phone: 703-840-4830 Address: 3434 Buck Mountain Road, Roanoke, VA 24018 Project Name: Take 5 Car Wash Roanoke Rte # 679 Locality: Roanoke Co. Description of Project: The applicant proposes to redevelop the Willow Tree Antiques to a one -tunnel automatic car wash and maintain right in/out access to Buck Mt Road. The proposed access is an existing driveway within 70 feet of the US 220 traffic signal. The US 220 signal is to be modified to remove turn conflicts with site access maintained; The proposed use site traffic has minimal change to the overall signal operations and alt. access is not feasible. Mitigation proposed for site signing and entrance design. VDOT District: Salem Area Land Use Engineer: Steven B. Mullins - PE NOTES: (1). Submit this form and any attachments to one of the District's Area Land Use Engineers. (2). See Section 120 of the Regulations for details on the requirements, exceptions, and exception request review process. (3). Attach additional information as necessary to justify the exception request(s). (4). If a traffic engineering study is required, the decision on the request will be based on VDOT engineering judgment. (5). Use the LD-440 Design Exception or the LD-448 Design Waiver forms for design and engineering standards, e.g. radius, grade, sight distance. See IIM-LD-227 on VDOT web site for additional instructions. Select the Exception(s) Being Requested Exception to the shared commercial entrance requirement. (Access M. Regulations Section 120 C.2) Reason for exception: A. An agreement to share the entrance could not be reached with adjoining property owner. Attached: Written evidence that adjoining property owner will not share the entrance. B. Physical constraints: topography, adjacent hazardous land use, stream, wetland, other. Specify constraint: Attached: Documentation of constraint such as aerial photo or topographic map. Exception to the vehicular connection to adjoining undeveloped property requirement. (Section 120 C.4) Reason for exception: A. Physical constraints: topography, adjacent hazardous land use, stream, wetland, other. Specify constraint: Attached: Documentation of constraint such as aerial photo or topographic map. B. Other reason: 1 February 2015 Exception to the commercial entrance shall not be located within the functional area of an intersection requirement. (See Regulation Section 120 C. 1; Appendix F, Rd Design Manual) Attached: A traffic engineering study documenting that the operation of the intersection and public safety will not be adversely impacted. EXCEPTION TO THE SPACING STANDARDS FOR: • Commercial entrances; intersections/median crossovers (Table 2-2); • Commercial entrances/intersections near interchange ramps (Tables 2-3, 2-4); or • Corner clearance (Figure 4-4). Appendix F, Road Design Manual Information on the Exception Request ON A STATE HIGHWAY Functional classification: Principal Arterial: ® Minor Arterial: ® Collector: © Local: Posted speed limit: 40 mph ▪ NEAR AN INTERCHANGE RAMP (Submittal of a traffic engineering study required) ▪ CORNER CLEARANCE (Submittal of a traffic engineering study required) Type of intersection/entrance: Signalized ® Unsignalized ® Full Access ® Partial Access Required spacing distance 250 ft Proposed spacing distance 109 ft Requested exception: Reduction in required spacing 141 ft REASON FOR EXCEPTION: A. To be located on an older, established business corridor along a highway where existing spacing did not meet the standards prior to 7/1/08 or 10/14/09. (Regulation Section 120 C.3.c) Attached: Dated aerial photo of corridor identifying proposed entrance/intersection location. B. Not enough property frontage to meet spacing standard, but the applicant does not want a partial access right-in/right-out entrance. (Section 120 C.3.f) Attached: A traffic engineering study documenting that left turn movements at the entrance will not have a negative impact on highway operation or safety. C. To be located within a new urbanism mixed use type development. (Section 120 C.3.d) Attached: The design of the development and compliance with intersection sight distance. D. The proposed entrance meets the signal warrants but does not meet the signalized intersection spacing standard. The applicant requests an exception to the spacing standard. Attached: A traffic engineering study that (i) evaluates the location's suitability for a roundabout and (ii) provides documentation that the proposed signal will not impact safety and traffic flow. (Section 120 C.5) 2 February 2015 E. The development's 2nd (or additional) entrance does not meet the spacing standards but is necessary for the streets to be accepted into the secondary system. (Section 120 C.3.e) Attached: Information on the development that identifies the location of entrances. F. To be located within the limits of a VDOT and locality approved access management corridor plan. Attached: Aerial photo of corridor identifying proposed entrance/intersection location. (Sect 120 C.3.b) FOR VDOT USE ONLY Recommendation on Exception Request: Approve Deny' Date: Area Land Use Engineer or: Name Remarks: Exception Request Action: Approved Denied Date: District Administrator or Designee: Name (and position if Designee) Remarks: District Staff: Please email copy to Bradley.Shelton©VDOT.Virginia.gov 3 TRAFFIC ENGINEERING JUSTIFICATION STUDY TAKE 5 CAR WASH ACCESS AT RTE 679 CAVE SPRING MAGISTERIAL DISTRICT 3434 BUCK MOUNTAIN ROAD, ROANOKE COUNTY, VA 24018 VDOT AM-E REQUEST FOR COMMERCIAL ENTRANCE SPACING WAIVER FOR SPACING ON A COLLECTOR AT LESS THAN 250 FT FOR TYPE 4 ACCESS VA ROUTE 679 (BUCK MOUNTAIN ROAD) AND FOR PROXIMITY TO SIGNALIZED INTERSECTION (US 220, FRANKLIN RD) Introduction Boing US Holdco, Inc. (The Applicant) is pursuing a Special Use Permit for the existing Willow Tree Antiques site for redevelopment as a Take 5 Car Wash. The total 1.973 acres is proposed in the C-2 (High Intensity Commercial District) for a one tunnel automatic car wash facility, to be operated by the Take 5 Companies. The site includes the Buck Mountain Road (Va. Route 679) frontage southwest of US 220 (Franklin Road) at the Franklin Road/Buck Mountain Road/Stable Drive/Clearbrook Lane traffic signal. The location of the site is shown on Figure 1. For the purposes of the Access Management Exception, the redevelopment is proposed to include up to 5,130 sf facility to accommodate a one -bay automatic car wash, with approximately 23 parking spaces for car service and employees. The Proposed Conceptual site plan would include modifications to the existing commercial entrance on Buck Mt. Road to accommodate a VDOT entrance adjacent to the US 220 signal. The on -site circulation as right in/out is maintained, and traffic circulation includes 2 drive lanes to the pay stalls with counterclockwise access to the wash. The proposed AM-E is submitted for the proposed Take 5 car wash entrance location on Buck Mountain Road within 50 feet of the US 220 signal. The proposed location of the three-legged entrance was established to reflect the existing entrance for the property. In initial discussion with VDOT staff, new access to the Principal Arterial, US 220, was not encouraged, to avoid adding new conflict locations on the 4-lane divided arterial. With the limited length of frontage on Buck Mountain Road, (at 79 Feet) and along US 220 (at app. 310 Feet), alternative access to the site is not available, as outlined in the alternatives section. This Access Management Exception is being submitted for the entrance on Va. Route 679 since the new access is approximately 109 feet from the adjoining US 220 centerline and approximately 141 feet from the Valley Star Credit Union entrance (3452 Buck Mountain Road). Additionally, with the existing/proposed access, the driveway is located within the influence area of the US 220 signal, as the driveway is within the turn lane storage for turns from eastbound Buck Mountain Road to US 220. The VDOT roadway improvements for the corridor are under final design to be implemented in Roanoke County to improve signal efficiency on US 220. The spot safety improvements are part of the VDOT project 0220-960-50 to enhance the traffic operations at the signal and restrict side street throughs at the signal. The project introduced "thru-cut" design concept to redirect side street throughs to turn left or right to increase signal efficiency by reducing side street green times. The project has a total budget of $16.1 million and is expected to commence in late 2023. The technical justification provides documentation of the road context, planned improvements, and previous access conditions. The justification also includes a traffic summary of the existing and Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 2 of 19 future peak hour operations, with the proposed site based on the derived site operations envisioned by the Applicant based on review of average car wash sites operated by Driven Brands. The AM- E also includes review of the safety conditions based on historical crash data, and review of alternatives and site mitigation suggested with the proposed use. The existing site entrance is proposed to be modified with the proposed Take 5 Car Wash development, as shown on the Concept Site Plan on Figure 2. FIGURE 1: SITE LOCATION J !� T F —uaFT— f.^ /. r Spa Works i t Tempurar y closed Willow Tree Antiques 8 Primitfves,�' S" Psychic Readings Source: Roanoke Co VA GIS mapping One View & Google Maps Clearbrook Elementary School Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Er ▪ .04400 TAS PARCEL. ID DM ..cU-220 W APIRI/YSYiii EOLta7R1 FAIR 09YEE3 CREC/T IlRk?11 Mx; 941.281E9C110 RTA.W. 09041klYE VA ZONE- a USE BRry:4' VACUUM EQUIPMENT E!fCLosuIE FIGURE 2: CONCEPT SITE PLAN BUCK MOUNTAIN. RD SS.R. ST9I PAR;a(pe IWPIH wrr fERNNSIIi 200910247 • OyMPSTEf ENCLOSURE V+wtEELS OP fTYPj !.,GULIM SPACE ti. ITYPi \l CANOPY-J. MOUNTED LIGHT • :AXP.ARX»iT. p7 0&4L 1-0n. PJP1 !TOWetW£€YIBORRO lW SCOE010SAKS S.iC N▪ x sAa+cRavE BR RaO ME vA mtF r� Page 3 of 19 PAL MARI-14E41 £5: ATEHLIsw£ss rRusr OB2U1i1 101 5% • u�eulc$i dcYEVffisthw I,41KFLAWE .9lTTii RpDVYE NA ZONE D2S y f ALK EVIC1 v. ate: *DAWNS DEP57iG 35 E SA Ki/..WAY. SYKYG tAr r- OSE SCROX Background A traffic statement to develop the range of trips for the commercial uses and compare to national averages and the existing Antiques use was submitted in advance of the AM-E in October 2022 by Pennoni. The conclusions were that the proposed change of use did not substantially change site volumes in relation to existing traffic. The trip generation analysis noted that there is not a large data set for car washes in the ITE Trip Generation Manual (11th Edition) for automatic car washes (Land Use Code 948), and the data varies between tunnels and building size. No data for AM and Daily trips is published in ITE for LUC 948, and PM data is limited to 3 studies so the derivation of trips was determined from the Applicant 's sales experience data was used as the basis for the trip generation derivation. Based on the operator's expectations, Pennoni extrapolated the average daily use data in the ITE Trip Generation Manual with other sites analysis performed for Take 5 Express sites in Virginia. The effort included reviewing the ITE trip rate data base from the appropriate land use codes and trip variables and reviewing the hourly traffic trends for 1 car wash site in the ITE Appendix. With the high customer demand of 100 customers, the peak hour and Daily trips were estimated at 6-10 Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 4 of 19 customers per hour. Other similar sites expect 4-8 customer per hour, so Pennoni used the high end of customer trips per day. Take 5 does not yet operate a site in Virginia, so review of nationwide averages for sales at 30 sites was reviewed. The average Saturday data was refined. Pennoni utilized a derived rate per tunnel based on Saturday average sales for a Driven Brands Tier 2 site (i.e. stand-alone car wash without co -branded oil lube and vehicle service activities). The site activities were approximately 200 weekday Daily trips and 350 weekend (Saturday trips) for the subject site, which were comparable to the derived empirical retail and office uses for the Willow Tree Antiques an on -site palm reader. VDOT input and responses were update in February 2023, based on more refined Saturday activities, which highlighted VDOT concerns that access to Buck Mountain Road should not negatively impact the proposed VDOT signal improvements for the US 220 corridor. On initial review, VDOT supported a higher weekend estimate based on review of average sales data and requested the Applicant provide a detailed capacity analysis as part of the AM-E review to quantify the traffic operations with the site. The email correspondence is included as Attachment A. Relevant Design Criteria The relevant VDOT access spacing criteria is summarized in Table 1 from the VDOT Road Design Manual (Table 2-2). The partial access crossing Type 4 would require 250 feet spacing to not require a VDOT AM-E. Additionally, as noted on the AM-E form, the Exception is requested due to the proximity to the adjacent signal, as noted in Section 120.C.1 of the code. TABLE 1: VDOT ROAD DESIGN MANUAL APPENDIX F COMMERCIAL ACCESS SPACING Functional Classification Design Speed {See Note 2) Minimum Spacing (Distance) in Feet Type 1 (Signalized) Type 2 {Unsignalizedl Full Crossover) Type 3 (Full Access /Directional Crossover} Type 4 (Partial Access) 5 30 mph 660 440 225 200 Collector 35 to 45 mph 660 440 335 250 2 50 mph 1.050 660 445 360 TABLE 2-2 MINIMUM SPACING STANDARDS FOR COMMERCIAL ACCESSES, INTERSECTIONS AND MEDIAN CROSSOVERS` Road Context Franklin Road (US 220) is a four -lane divided Other Principal Arterial southeast of the Blue Ridge Parkway interchange with signalized median crossovers in the vicinity at Buck Mountain Road/Stable Road and at Indian Grave Road SW/Clearbrook Village Lane. The posted speed limit is 45 MPH and Franklin Road does not have direct access to the adjacent parcels south of Buck Mountain Road signal. VDOT AADT from 2021 has 26,000 VPD (factored) south of the Parkway to the Franklin County line, with 27,000 VPD weekdays. Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 5 of 19 Buck Mountain Road (Va. Route 679) is a two-lane Major Collector west of US 220 between the Parkway and US 220 with a 40 MPH speed limit with 9,700 VPD ADT reported in 2021 (factored) and 6,700 vpd west of the Parkway underpass. The road has a raised median adjacent to the site for app. 275 feet which restricts left turns to/from the property and to the adjacent Valley Star Credit Union access. The Credit Union has a separate driveway with a left turn lane approximately 480 feet from the US 220 signal. The Buck Mountain Road existing site entrance is located immediately west of the signal with approximately 45 feet of stacking from the entrance center to the existing painted stop bars. The Buck Mountain Road approach is designated for a separate right turn lane to SB US Rte. 220 and a shared through/left and left for dual turns to northbound US Rte. 200. No pedestrian facilities are provided at the existing signal. VDOT Historical traffic volumes for US 220 and Buck Mountain Road are attached in Appendix B, which show annual growth at less than 2 percent annually prior to COVID-19 in the last 10 years. The VDOT Functional Plan for the study area is shown below in Figure 3, which shows US 220 as an Other Principal Arterial and Buck Mountain Horner Road as major collectors. Site FIGURE 3: VDOT FUNCTIONAL PLAN MAP Clem FC Prime — Interstate — Other Freeways and Expressways — Other Principal Arterial — Minor Arterial — Major Collector Minor Collector — Interstate Rarnp — Other Freeways and Expressways Ramp — Other Principal Arterial Ramp — Minor Arterial Ramp For context the entrance has been used for the Antique shop based on aerials from Google Map before the summer of 2008, as shown in Figure 4, with the raised median added after 2011 for Route 679, before the construction of the Valley Star Credit Union. The aerial was grainy at the signal, but later Google Earth photos confirmed the median was added after April of 2011. The exception to the VDOT Road Design Manual Appendix F Figure 4-11 spacing is requested based on one (1) of criteria in the Code 24VAC30-73-120: • C.3.c Established Business Corridor: c. On older, established business corridors along a highway in a locality where existing entrances and intersections did not meet the spacing standards prior to July 1, 2008 for Site Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 6 of 19 principal arterials or October 14, 2009 for minor arterials, collectors, or local streets, spacing for new entrances and intersections may be allowed by the district administrator's designee that is consistent with the established spacing along the highway, provided that the permit applicant submits a request according to 24VAC30-73-120 D for an exception to the spacing standards that includes evidence that reasonable efforts were made to comply with the other access management requirements of this section including restricting entrances within the functional areas of intersections, sharing entrances with and providing vehicular and pedestrian connections between adjoining properties, and physically restricting entrances to right -in or right -out or both movements. Therefore, the justification satisfies the condition that the driveway is located on an older, established business corridor along a highway where existing spacing did not meet the standards prior to October 14, 2009. (Regulation Section 120.C.3.c). Note that since the use is changing, our engineering experience is that the entrance is not `grandfathered', so an AM-E is required. FIGURE 4: 2008 AERIAL CONDITIONS AT BUCK MOUNTAIN ROAD Source: Google Earth, October 2008, accessed by Pennoni Planned Improvements VDOT is proceeding with final plan to modify the Buck Mountain Road signal as part of project 0220-960-50 m501 to enhance the traffic operations at the signal and restrict side street throughs at the signal. The generalized plan is shown in Figure 5 to install channelized islands in the S and N quadrants with an island in the median to allow a future pedestrian crosswalk with the signal operation changes. The revision are part of the Route 220 Corridor intersection Improvements in the City of Roanoke and Roanoke, Franklin, and Henry Counties. The project introduced "thru- Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 7 of 19 cut" design concept to redirect side street throughs to turn left or right to increase signal efficiency by reducing side street green times. The project has a total budget of $16.1 million and is expected to commence in late 2023. Both signals adjacent to the site are proposed for upgrades for the VDOT project, which includes 5 other signals locations on US 220 and the 2 median enhancements to the north adjacent to the Blue Ridge Parkway/US 220 interchange junction. 0 FIGURE 5: VDOT BUCK MOUNTAIN ROAD US 220 IMPROVEMENTS Ror WelseeweeMee r yo, E8 "1 h 2 '¢n1 JF'OT'k�- ,die �r iS RCP �4jg-�a... ti V-04 ZA4 ®r j� a --, W J 11 L� Lai ............we _. �_.... �0(0511,10,011 n05Q743J8 •tl33,. Source: VDOT Ica ti4 4 sA `a B, Cisme as _ evil) CCorrs trrlxlion Sams 3e33.4Q Begin Cori/:461mA 5031348 S 40" 2r 44 E CONSTR. -•-•--- _d a r Qom- 159- fr53`� y� ssppy� Ssr+ `• rUnwire stenni. Sir&- SPRONQ bone Ma1,10.rffe e.SMe Na 2+6 7.LO/ry Rq` ea ffrOf,RK. Lf#en dLy� A ua.c r,.lraad ® smais,+Me'1 n vac rrre pi l`Vt A g4.0 L5d NyL • udrsa owt wawa +was Q SraaC+haa sraawcs3 +as srd for (i Fog4 Sre.GNICYlwffd Site The following sections are organized to provide the justification of the proposed Access Management Exception on the basis of Sections C.1 and Section C3.c and include: 1. Existing Spacing 2. Section 110 Application a. Safety b. Use c. Maintenance 3. Section 120 Application a. Six Access Management Criteria 4. Support Materials a. Site Trip Generation Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 8 of 19 b. Existing Volumes c. Traffic Forecasts d. Traffic Operations with Planned Improvements e. Potential Mitigation f. Alternatives g. Impacts to Adjacent Intersections Existing Spacing The existing spacing is summarized in Table 2 for Buck Mountain Road. TABLE 2: ROUTE 679 PROPOSED ACCESS SPACING FOR TAKE 5 CAR WASH Location Ai VDOT Entrance Type Proposed Spacing (1) (ft.) [Existing] AM-E Status (2) 3452 Buck Mt. Rd (Valley Star Credit Union) Type 4 -- -- 3434 Buck Mt. Rd (Subject site) Type 4 141 ft. [146 ft] NO < 250 ft (3) Franklin Rd (4' 5) Type 1 109 ft. [104 ft] NO < 250 ft (1) Spacing per Pennoni measurements (2) Spacing criteria measured from intersection centerline with VDOT 40 MPH Design Collector Road (3) Proposed entrance centerline shifts dimension by 10 feet. (4) For eastbound Route 679, entrance in functional area of signal with raised median at 42 feet from stop bar. (5) With existing signal, stacking from stop bar at 47 feet. Entrance located in right turn lane to SB US 220. Section 110 Application Access management requirements are established by 24VAC30-73, Access Management Regulations (December 5, 2013). Section 110, Paragraphs Al through A3 establish criteria for evaluating the continued feasibility of an existing entrance. Section 110, Paragraph establishes the events at which an existing commercial entrance may be reviewed for continued feasibility, among these is, "... rezoning or other local legislative action involv[ing] a change in use of property (Paragraph C1)." The proposed change of use does not change zoning but would require County approvals. The proposed commercial entrance is therefore noted under the criteria established in Section 110, Paragraph A. A) Safety Utilizing crash data obtained from Virginia Roads (vdot.maps.arcgis.com) and AADT data published by VDOT, Pennoni undertook a crash analysis of Buck Mountain Road (VA Rte. 679) and the US 220 segments adjacent to the Route 679/ between Iron Place and Industrial Drive (VA Rte. 2735). Crash data available from Virginia Road Crash Tableau covers the Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 9 of 19 period 2017 through 2019 (pre COVID-19) and for the most current 3 years (2020-2022) and is presented graphically in Figure 6 with 105 total incidents over the last 3 years. The VDOT Crash Tableau reveals only one crash along the site frontage of Buck Mountain Road, a rear end accident in October 2019 to the west of the site entrance with an afternoon incident with the driver following too close. The US 220 signal and the Buck Mountain Road links do experience high rates of crashes at the signal, but primarily are associated with the mainlines movement on the arterial, and not the Buck Mountain Road approach. The total summaries are shown in the Attachment C. There was one incident reported in February 2022, a sideswipe, without injuries reported west of the subject site, with darkness as a factor at the end of the median at the left turn to the Valley Star Credit Union access. The only reported visible injury was an incident from August 2019, a head on crash adjacent to the median but west of the right in/out access to the Valley Star Credit Union access. FIGURE 6: BUCK MOUNTAIN ROAD CRASH DATA HISTORY WNW When 0.0 W.,,..- neh arm .enhen Nazi -a 3434 B!uck,,Mt. Rd Source: Virginia Crash Tableau, last accessed March 2023 Crash Serethy B V%rde OP.). • pmo Prapmr Gwna;x. onir ▪ C Nenviwie InJ,y ✓ A Severe Inky ^v Mashes C CLchSIramtrAsa Impasse ass map The sight distance for the entrance looking west is adequate and will be documented with the site plan submittal. B) Use The proposed commercial entrance is located and designed to support a VDOT Commercial entrance for uses allowed under the C-2 zoning. A separate truck access is not proposed or required. C) Maintenance The proposed commercial entrance location would not change VDOT maintenance obligations. Section 120 Application Access management requirements are established by 24VAC30-73, Access Management Regulations (December 5, 2013). Section 120, Paragraph C3, a through f, establishes the exceptions to the spacing standards for entrances and intersections. These are briefly reviewed with regard to proposed commercial entrance for the subject site; the exception identified as subparagraphs c. and f. are the only applicable exceptions. Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 10 of 19 a. Existing Entranced Proffered Prior to October 14, 2009 — Not Applicable. Subject parcel and proposed entrance subject to pending Roanoke County SUP approval. However, the existing entrance has been in place since before 2008 as note in the aerials through Google Maps, creating a right in/only site access. The raised median on Buck Mountain Road were installed after 2011, prior to the Credit Union site plan operations. b. Access Management Corridor Plans — Not Applicable. Subject parcel and proposed entrance are located in an area that is not subject to `grandfathered` access management corridor plans. c. Existing Spacing on Established Business Corridor — APPLICABLE. Existing entrances and entrance spacings pre -date October 2009. Proposed entrance modifies an existing entrance. Proposed entrance is located in the functional area of an intersection, so a technical analysis is performed. Subject site does not have the option to share entrances with adjoining properties, as noted in the alternatives. d. Development within a Designated Urban Development — Not Applicable. Subject parcel is located in a planned C-2 High Intensity Commercial uses and is located out of the 2010 Roanoke Urban Area boundary line (smoothed), which is located north of Buck Mountain Road. e. Acceptance into Secondary System of State Highways — Not applicable. Subject parcel fronts Buck Mountain Road. No new street acceptance is proposed with the use. f. Insufficient Frontage to Meet Spacing Standards — APPLICABLE. The site only has 79 feet of frontage on Buck Mountain Road and 310 feet along US 220. a) Trip Generation To verify trips in relation to the average trip rates in the ITE Trip Generation Manual. Using the peak hour activities at approximately 8-10 vehicles on average, and hourly activities occurring from 7 AM to 8 PM, this Take 5 car wash could average 7.7 vehicle per hour, or 100 customers per day. This would equate to 200 trips per day (in + out). Adding the employee traffic at 5 staff would result in 210-215 trips per day in and out. While the derivation is higher than the applicant's expected data, it provides a range of trips to compare for site impacts. For site assignments, Pennoni increased site trip by 15 percent for the AM peak and doubled for the PM peak to assess maximum impacts. The Daily trips reflect approximately 250 weekday and 385 VPD for Saturday. The proposed land use plan submitted with the subject rezoning applications provides for two land bays, designated as Land Bay A for the previous Cowles site and Land Bay B for the Station Plaza property. The site trips are summarized in Table 3. The pass -by trips for the assignments are based on 35 percent of the total trips, to be conservative. Previous submittals had 50 percent pass -by. All trips are assigned to the subject driveway. Saturday trips are increased from the October 2022 statement to reflect the average sales, which results in 28 peak hour trips in and Daily trips of 388, with employees included. Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County TABLE 3: PROPOSED TAKE 5 TRIP GENERATION Page 11 of 19 Weekday Saturday Land Use ITE LUC (Land Use Code) Size Variable Notes Daily Trips Daily Vehicles AM Peak Hour Trips PM Peak Hour Trips Daily Trips Daily Vehicles SAT Peak Hour Trips Enter Exit Enter Exit Enter Exit PREVIOUS ESTIMATE (1) Oct-22 214 107 6 6 9 9 357 178 19 22 ITE ESTIMATES Autiomated Car Wash 948 1 Tunnel ' (2) N/A N/A N/A N/A 39 39 N/A N/A 21 20 PROPOSED TRIP DERIVIATION Autiomated Car Wash 948 1 Tunnel r (3) 251 125 8 7 18 18 388 194 28 28 PROPOSED USE TOTALS (2) 251 125 8 7 18 18 388 194 28 28 ITE llth Edition Pass -By Percentages (3) 35% 35% 35% 35% 35% Pass By -88 -44 -2 -2 -6 -6 -136 -68 -10 -10 Internal Trips 0 0 0 0 0 0 0 0 0 0 ADJUSTED PROPOSED USE NEW TRIPS I — 163 81 6 5 12 12 252 126 Calculations by Pennoni, Source ITE Trip Generation Manual (11th Edition) (1) October 24, 2022 letter (2) For subject use from LUC 948. See Attacmrnt A for derived Daily trip worksheets. (3) Pass -By not included in 11th Edition Attachments. Used as lowest of in/out trips, Daily % estimated as average from weekday as retail uses. b) Existing Volumes For the existing conditions, Pennoni utilized the long-range forecasts from the US 220 study, which included weekday AM and PM peak hour volumes for a 2040 design year. Volumes are summarized in Attachment D from VDOT with turns for the Route 220 signal. The forecasts are adjusted to reflect the restrictions of side street turns and the right turns were coded in the signal timing as a yield condition. For Saturday operations, Pennoni had Quality Counts LLC, a VDOT certified count firm, to collect 4-hour midday counts for existing conditions at both the signal and the turns at the Willow Tree antiques entrance on Saturday, February 11, 2023. The count summaries are included in Attachment E. The peak hour for the Saturday occurred at the signal between 12:15 and 1:15 PM. Turns ranged from 82 to 153 vehicles per hour on Buck Mountain Road with 257 trips on SB US Route 220 to the east at Stable Road and Clearbrook Lane. The counts also turns for the Willow Tree Antique with approximately 26-31 turns in/out for the midday peak. The counts also noted that some drivers executed a left turn out at the site and turned into the opposite direction on Buck Mountain Road and turned into the Valley Star Credit Union entrance. The turns occurred with gaps to travel in the opposite direction of eastbound Route 679, with one occurring at 11:45 AM during the driveway peak. when no one was approaching on right turn lane on eastbound Mountain Road. Outbound rights also waited for gaps in the US Route 220 signal side street green gaps or until the end of the green phase for lefts to northbound US 220. For existing weekday conditions, Pennoni calculated that the effective growth from VDOT 2019 peak hour link volumes to the projected 2040 volumes was 0.88 percent annually. The existing weekday conditions were calculated by applying a negative annual growth of 0.88% from 2040 to 2023, to determine `existing' volumes with side street throughs restricted. Since weekday counts were not updated, the turns for the site at the Willow Tree Antiques were derived as half of the estimates from the October 2022 calculations as office and retail from ITE. The conservative approach from ITE was used to not over -estimate site trip credits. The effective AM and PM peak hour trips were used as 5 AM (two-way) and 12 PM peak hour trips. The weekend trips used from the 2023 counts with 26 in and 30 outbound trips for the Saturday peak hour. Existing volumes are shown in the top of Figure 7A for the weekday and 7B for Saturday conditions. Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 12 of 19 34600 EXISTING VOLUMES 2023 BACKGROUND VOLUMES 2030 WITH GROWTH W/O SITE CHANGES TAKE 5 SITE TRIPS (PASS -BY + NEW TRIPS) W/O CREDIT TOTAL VOLUMES 2030 WITH TAKE 5 SITE 0 00 3]' (399) —. (8) z 140 384 (305) r m 0 00 .— 441 (349) 140 8 (18) Buck Mounts" 2 VA Route 679 250 0 N 0 0 366 (459) — (18) z El 250 445 (359) VA Route 679 0 0 0 00 0 m r1 a M a 00 o In a a m J 1 L a 1 (8) El F r 7 t r 153 (143) —t N m N 0% 00 n 00 168 (265) z 00 LA n M a -I LA 34500 0 N N an N. In In a a -I a -I a -I N. N N 00 N 0 0 0 m 37300 37400 1 (8) a � 0 Lrl 90 il r t r 00 0 a O 0 0 37300 37400 Legend: Peak Hr Volume: AM (PM) Average Daily Traffic: ADT �rPBrrn�r" TAKE 5 ROANOKE AM-E ROANOKE, VIRGINIA WEEKDAY PEAK HOUR VOLUMES FIGURE 7A Project #DRVB R220032 Mar-23 Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 13 of 19 EXISTING VOLUMES 2023 BACKGROUND VOLUMES 2030 WITH GROWTH W/O SITE CHANGES TAKE 5 SITE TRIPS (PASS -BY + NEW TRIPS) W/O CREDIT TOTAL VOLUMES 2030 WITH TAKE 5 SITE 0 00 (260) —. (24) z 690 - (242) M 0 Iry (299) —. (24) z 690 • (274) r m M 0 0 Buck Mountain Rd 500 - (28) VA Route 679 - (278) 0 Buck Mountain Rd 7 VA Route 679 500 0 27600 ▪ N ^l ■ 00 I, N - (4) - (3) J 1 L • (1) i n 7 t r (115) s N o Let m (85) =— (91) z 25000 0 0 29800 a -I N lD O I. I. i (5) 13 ) 1 L • (1) ri 7 t r (130) s r o (199) z 29400 0 oo 00I 0 29600 ■ 15) 13) 1 L (1) 29200 0 7 t r • g 0 Legend: Peak Hr Volume: AM (PM) Average Daily Traffic: ADT �iPBrrn�r" TAKE 5 ROANOKE AM-E ROANOKE, VIRGINIA SATURDAY PEAK HOUR VOLUMES FIGURE 7B Project #DRVB R220032 Mar-23 Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 14 of 19 c) Traffic Forecasts For the future year conditions Pennoni used a 2030 forecast year (six years after the opening in 2024), and increased traffic at 1 percent per year for the US 220 throughs and 2 percent annual growth on Buck Mountain Road. The higher growth on Route 679 reflects the VDOT historical trends. The future volumes also include modifying the side street turns for the restriction of throughs with the VDOT project. The Saturday volumes on Buck Mountain Road were rerouted as rights and turns to Stable Road. Future volumes without the site are shown in the middle of the figures. For site trips, Pennoni assigned the new peak hour trips in Table 3 with the proposed access as right in/out access. Site trip distributions were derived based on the existing daily traffic links with the distributions in Table 4, recognizing that U-turns are required for site access. Three levels of site assignments were performed: • Credit for existing site trips (as a subtraction of trips in and out to the Willow Tree Antiques and subtraction of turns at US Route 220 for balancing), • Addition of new external site trips with the proposed car wash, • Addition of pass -by trips as new turns at US 220 and subtraction of throughs on Franklin Road. Directional distributions are based on the future US 220 north/south directional volumes. TABLE 4: PROPOSED TAKE 5 TRIP DISTRIBUTION Direction External Pass -By (3) Buck Mountain Road West (1) 10% 0% US 220 North 40% 60% US 220 North U turn (2) 15% 0% US 220 South 35% 40% Total 100% 100% (1) U-turn outbound shown as rights to SB US 220, U-turn, and NB left at Buck Mt Rd signal; (2) App. 1/4 of trip shown as U-turn outbound shown as rights to SB US 220, U-turn, and NB through at Buck Mt Rd signal; (3) Pass -by trip based on peak hour directional NB/SB splits (i.e., NB AM at 71% NB, 40% PM) The total site trips are shown in the third row of Figure 7 for the weekday peaks and in Figure 7B for Saturday. The total trips with the proposed Take 5 site add the net new site trips to the base conditions, as shown at the bottom of the figure. Note that the effective ADT on US 220 is at 37,300 VPD which is consistent with the long-term forecasts from the VDOT improvement project. The Saturday counts on US 220 are at 74 percent of the weekday PM volumes for Franklin Road and at 73 percent of the PM peak Buck Mountain Road volumes for 2040. Site trips are shown by type in Attachment F. d) Traffic Operations with Planned Improvements The 2030 projected AM and PM peak hour volumes and proposed lane geometry with the site plan were used to calculate the levels of service (LOS) and back of queues for the signalized intersection Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 15 of 19 of Franklin Road/Buck Mountain Road and Stable Road/Clearbrook Lane. The calculations were performed in Synchro 11 with the VDOT improvement project, which eliminates throughs on Buck Mountain Road and restricted left turns to one lane to northbound Route 220. as part of the rezoning review with the delay and LOS results of the analyses are shown in Table 5. Synchro worksheet outputs are included in Attachment G for the weekday peaks and Saturday. LOS grades are color coded with orange at LOS "E" and yellow at LOS "D", based on average delay, using the Highway Capacity Manual thresholds. TABLE 5: BUCK MOUNTAIN ROAD US 220 LOS SUMMARY 2030 BACKGROUND 2030 TOTAL # Intersection Traffic ControlLane Storage Lengths (ft.) AM Peak Hour PM Peak Hour Saturday Peak Hour AM Peak Hour PM Peak Hour Saturday Peak Hour LOS Delay (sec) 95th %Be Queue (ft.) LOS Delay (sec) 95th %Be Queue (ft.) LOS Delay (sec) 95th %Be Queue (ft) LOS Delay (sec.) 95th %Be Queue (ft) LOS Delay (sec.) 95th %Be Queue (ft) LOS Delay (sec.) 95th %Be Queue (ft) Group/ Approach Full- WidthTaper EFFEC 11VE Franklin Road (US 1 220) &Buck Mountain Road/ Stable Road Cycle Length 140s (Actuated Coordinated dwiog Weekday AM/PM Peak Hours; Actuated EB/L - - - E 66.9 246 E 76.7 #264 D 51.0 192 E 66.9 250 E 78.2 #273 D 50.9 188 EB/R 610 100 660 A 0.2 0 A 0.3 0 A 0.2 0 A 0.2 0 A 0.3 0 A 0.2 0 EB Buck Mountain Road LOS C 32.0 - C 27.0 - C 20.3 - C 32.0 - C 27.6 - C 20.2 - WB/LR - - D 50.4 D 53.3 D 43.0 D 50.3 D 53.3 D 42.9 E 56.9 15 - - 6 - - 24 - - 6 - - 24 E 56.7 15 WB Stable Road LOS D 50.4 - D 53.3 - D 50.7 - D 50.3 - D 53.3 - D 50.6 - NB/UL 640 105 690 A 5.7 n52 D 44.4 m152 B 12.4 63 A 5.7 n53 D 45.7 m156 B 12.4 63 NB/T B 12.5 #836 B 12.3 1201 C 26.9 567 B 12.6 #836 B 12.3 rr201 C 26.8 563 NB/LR 1010 - 1010 Uncoordinated assumed for Saturday Peak How)* NB US 220 LOS B 11.7 - B 17.8 - C 25.1 - B 11.7 - B 18.1 - C 25.0 SB/L 425 115 480 C 24.5 56 C 21.4 135 C 30.1 250 C 24.5 55 C 21.5 136 C 29.6 249 SB/1T - - - B 15.3 267 C 30.4 822 B 12.8 228 B 15.4 267 C 30.6 816 B 12.9 226 SB/R 190 155 265 B 12.5 39 B 11.6 35 A 9.9 23 B 12.6 39 B 11.7 35 A 10.0 24 SB US 220 LOS B 15.2 - C 28.0 - B 16.7 - B 15.3 - C 28.1 - B 16.7 - Overall B 15.0 - C 24.5 - C 21.3 - B 15.1 - C 24.8 - C 21.2 - 2 Buck Mountain Road &Site Entrance Unsigpalized EB/P - - - - - 0 - - 0 - - 0 - - 0 - - 0 - - 0 EB/PR 535 100 585 - - 0 - - 0 - - 0 - - 0 - - 0 - - 0 EB Buck Mountain Road LOS - 0.0 - - 0.0 - - 0.0 - - 0.0 - - 0.0 - - 0.0 - WB/T I 25 - I 25 - - 0 - - 0 - - 0 - - 0 - - 0 - - 0 WB Buck Mountain Road LOS - 0.0 - - 0.0 - - 0.0 - - 0.0 - - 0.0 - - 0.0 - NB/LR I - - I - A 9.5 0 A 9.9 0 A 9.9 0 A 9.5 0 B 10.0 3 A 9.5 3 NB Site Entrance LOS A 9.5 - A 9.9 - A 9.9 - A 9.5 - B 10.0 - A 9.5 - Overall - 0.0 - - 0.1 - - 0.1 - - 0.0 - - 0.2 - - 0.4 - # 95th percentile volume exceeds capa ity, queue may be longer. m Volume for 95th percentile queue is metered by upstream signal. * WeekdayAM/PM Peak Hour Signal Timing Data from VDOT Synchro Files (March 2023). Splits optimized for Saturday Signal Timing while maintaining 140s cycle length. As shown in table, the eastbound Buck Mountain Road left turn to northbound Franklin Road would operate at a Level of Service (LOS) "E" in the AM and PM peak and at a LOS "D" for the Saturday peak in the Background (with no change in site activities) and total conditions. The 95% percent Back of queue is 264 feet in Synchro with the site in the PM peak and 273 feet with the proposed site. Saturday back of queues are at approximately 190 feet. Right turns to Southbound Route 220 operate as a yield result in a LOS "A", so the overall approach grade is a LOS "C" for Buck Mountain Road with and with the Take 5 site. For Franklin Road, the northbound left turns operate at a LOS "D" for the PM peak hour with and without the site development. The overall Route 220 signal operates at a LOS "C" or better for the 3 peak hours, with the revised operation without side street through. However, the effective US 220 mainline queues extend past the available intersection storage. Site turns out of the driveway operate at LOS `B" or better unsignalized in synchro. The 95% back of queue extends back through the existing/proposed driveway. The LOS change in delay and back of queue do not change significantly between the scenarios. Additional modeling as SimTraffic to review the maximum back of queues was not performed for this analysis since the operations are shown as a sensitivity to define the area of influence for the signal operations on Buck Mountain Road. Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 16 of 19 e) Potential Mitigation For the Take 5 site at Buck Mountain Road, the development team considered the following mitigation elements in the access design to reduce potential impacts and address the illegal left turns at the existing driveway: 1. Decrease entrance width from the approximately 42 ft driveway to a standard VDOT 30 ft -wide entrance to define travel routes and reduce potential turn confusion. This slightly increased the off -set from the Franklin Road signal by adjusting the entrance west. 2. Provide a minimum 25 ft radius at the entrance returns in and out. 3. To reduce driver decision for outbound trips, install the following signing adjacent to the entrance to provide clear wayfinding, subject to VDOT approval at site plan: i. Add a MUTCD R6-1R (One -Way) right sign in the existing Buck Mountain Road median island, ii. Add a MUTCD Stop sign R1-1 (30"x30") at the exit with a MUTCD R3-2 No left turn sign below, iii. Add a MUTCD R5-1 "Do Not Enter" Sign on the eastbound approach (facing the exit) on Buck Mountain Road west of the driveway 4. Demarcate pavement with paint marking as right turns at the exit 5. For on -site wayfinding, consider if a custom sign can be placed at the car wash exit (away from the entrance) to direct outbound trips "To Rte 679 W 220 N Turn right at Signal, U-Turn at Clearbrook Village" as an option to direct trips to turn right onto US 220 southbound as opposed to vehicles waiting to find a gap to turn out to the left turn lane queue to turn left at to northbound US 220. f) Alternatives As part of the VDOT Access Management spacing review, the Department identifies three components which influences intersection spacing criteria: 1. Functional Classification 2. Design Speed 3. Existing and Proposed Access Types The sensitivity of alternatives to satisfy the VDOT criteria are noted below. For the Take 5 site, we do not expect the functional classification, or design speeds to be changed, and the access type is already restricted as a right in/out access. Therefore, the only other alternative is to review access location for the property. The access scenarios are noted below: • Alternative Access to US 220 — Not Applicable as an alternative without adding turn lanes and introducing a new conflict location. The site frontage would not accommodate a turn lane for deceleration lane for a minimum 100-foot storage and 200 ft deceleration length for rural design speeds at 50 MPH. Adding a new conflict location on US 220 would potentially be possible but generally conflicts with the Franklin Road Corridor Access management goals. Spacing between partial driveways is allowed for a 45 MPH legal speed limit at 305 feet from the Buck Mountain Road centerline but adding a new conflict Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 17 of 19 location would impact the corridor safety. VDOT Access Management Type 4 access spacing is 495 feet for a Principal Arterial for speed limits at 50 MPH. • Alternative access to the south — Not feasible as the Clearbrook School is located immediately to the southeast of the site. No public street access is provided. • Alternative access to the west — Not feasible as the Clearbrook Park has frontage on the property's west side with no vehicular access. The access road to the park does not extend past the turnaround. • Alternative access to the northwest - Not possible with adjacent development. The 3452 Buck Mountain Road site was developed as drive through facility and is operating as the Valley Star Credit Union. The site plan does have a service drive adjacent to Buck Mountain Road, but the drive i used as one way out for the bank's drive through lane and is not wide enough for two-way traffic. And in reviewing the site plans for the adjacent property, the was no interparcel access easements established for the bank uses to allow the subject property at 3434 Buck Mountain Road to have an interparcel access. While interparcel access is desirable, the previous approvals did not provide a mechanism to provide the connection. The aerial site information of the adjacent parcels is shown in Figure 8. FIGURE 8: ADJACENT PROPERTY ACCESS AERIALS Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 18 of 19 g) Impact to Adjacent Intersections The proposed access as a right in/out has included mitigation in the current design concept. As part of the analysis, the site changes do not significantly change since operations for the weekday and weekend peak periods at Franklin Road. As noted in the existing condition, the trips to/from the Willow Tree Antiques site are comparable to the proposed car wash activities for the Take 5 site. The overall site volumes are 4.4 percent of the Buck Mountain Road background 2030 link volumes weekday and only 0.9 percent of the total traffic signal volumes at US 220. For the weekend peaks, site trips are 9.3 percent of the Route 679 link volumes for the Saturday peak and 1.7 percent of the total signal. The location of the driveway within the existing and proposed stacking from the Buck Mountain Road turns to US 220 does add conflicts for drivers to turn in/out of the subject site. However, as observed in the field for the weekends, the site traffic typically queue up and waits for gap in the turn queue before entering the roadway at the signal. Since the left turn storage extends through the entrance, the on - site design accommodates extra stacking in relation to existing parking lot access to reduce on -site circulation conflicts. Conclusions The following conclusions support the proposed entrance for the Take 5 Car Wash on VA Route 679: 1. The entrance at Buck Mountain Road is an existing condition that occurs on a developed corridor and has been in place prior to 2009. 2. The Take 5 Car Wash entrance is located at the same driveway that was proposed to remain with tr VDOT Route 220 corridor improvements for the Buck Mountain Road traffic signal as part of the VDOT Route 220 safety project (0220-960-50, m501). 3. The proposed reconstruction of the entrance slightly improves stacking by providing a narrower commercial entrance off -set to the west in relation to the existing driveway, and shifts the available stacking area from approximately 42 feet to 47 feet. 4. The proposed sit trips for the car wash are consistent with existing uses as antique store. Proposed trips for a Saturday peak are projected at 28 vehicles in and out, which is comparable to the existing trips at 24 in and 31 out for the Saturday peak hour. 5. The crash data at the signal does show an increased incident frequency on US 220, but the Buck Mountain Road eastbound approach crash occurrence have been slight in the last 6 years, with only 1 reported crash near the driveway, which was a rear end incident, not associated with site turns. 6. The traffic operations show minimal change in the back of queue with proposed VDOT improvements and the adjacent site driveway for the weekday and Saturday peak hours, in relation to the existing turns. Therefore, the access location within the functional area of the intersection has been quantified. 7. With the proposed access, additional signing and pavement marking are suggested with the site plan to promote right turns out to the existing right turn lane to southbound US 220. Take 5 Car Wash Buck Mountain Road VDOT Access Management Exception Spacing Traffic Engineering Justification Study Rte. 679, Roanoke County Page 19 of 19 8. Alternative site access for the subject site is not currently feasible with highway, public use, and easement constraints for all property boundaries. Based on the reasons listed above, the Access Management Exception for the proposed Take 5 Car Wash site entrance on Buck Mountain Road (Va. Route 679) should be approved by VDOT for spacing at less than 250 feet. Attachments A: Correspondence B: Historical Growth Trends C: Crash Data D: VDOT 2040 Traffic Volumes E: 2023 Saturday Traffic Counts F: Proposed Site Assignments G: 2030 Synchro Outputs U:\Accounts\DRVBR\DRVBR22032 - Take 5 Car Wash -Roanoke VA\DOC PREP \AM- E\PennoniTake5CarWash BuckMtRdUS220RoanokeCoVDOT AMExcep202303.docx 01N1•••_ verj-\L311 OF I .Ni •'`J �1 l[� • + • • - s 1 -,I I I-1 --I f :-o Lic. No. 21450 ,i t > 03/13/2023 w�� • N%.,(540�N1N�; Douglas R. Kennedy, PE Traffic Engineer Leesburg, VA Roanoke County, Virginia 2019 Aerial Map Boing US Holdco, Inc. 3434 Buck Mountain Rd Lot Size: 1.97 Magisterial District: Cave Spring Current Zoning: C2 Proposed Zoning: C2S SUP: Car Wash —I Subject Site 1earbroo:‹ Park Clearbrook Park Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 Feet 0 35 70 140 Date: 3/16/2023 1:1,128 //V�IIJC".VJlll".U.Y.q Lidwr,3Ica, WU:Allld/ © II 660rto- ©o0 War ©io Roanoke County, Virginia 2019 Zoning Map Boing US Holdco, Inc. 3434 Buck Mountain Rd Lot Size: 1.97 Magisterial District: Cave Spring Current Zoning: C2 Proposed Zoning: C2S SUP: Car Wash Subject Site Zoning C2 Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. ROANO E Roanoke VA 24018 Feet 0 35 70 140 Date: 3/16/2023 1:1,128 /Clearbro: Park Clearbrook Park 5 35 Clearbrook Park 3434 5147 Roanoke County, Virginia 2019 Future Land Use Map Boing US Holdco, Inc. 3434 Buck Mountain Rd Lot Size: 1.97 Magisterial District: Cave Spring Current Zoning: C2 Proposed Zoning: C2S SUP: Car Wash Subject Site Future Land Use Core Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 ROANOKE O N '�. VA Feet 0 35 70 140 Date: 3/16/2023 1:1,128 ,77 /Clearbro. Park Clearbrook Park 5335 Clearbrook Park 3434 5147 ACTION NO. ITEM NO. F.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: The petition of Terio and Lisa Comerose to remove the existing proffered conditions on approximately 14.713 acres of land zoned AVCS, Agricultural/Village Center District with conditions and special use permit, and AR, Agricultural/Residential District, located at 9651 Bent Mountain Road, 9744 Tinsley Lane, and 9786 Tinsley Lane, Windsor Hills Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance 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 this ordinance is scheduled for May 23, 2023. The title of this ordinance is as follows: 1. The petition of Terio and Lisa Comerose to remove the existing proffered conditions on approximately 14.713 acres of land zoned AVCS, Agricultural/Village Center District with Conditions and Special Use Permit, and AR, Agricultural/Residential District, located at 9651 Bent Mountain Road, 9744 Tinsley Lane, and 9786 Tinsley Lane, Windsor Hills Magisterial District. Page 1 of 2 DISCUSSION: There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for May 23, 2023. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 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. Page 2 of 2 13 .1 AcC2cd) County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P 0 Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 ALL APPLICANTS For Staff Use Only Date receive: y ! �3 R �or e� s ' -I PC/BZA d : S a�a eJ Placards issued: BOS date: a Case Number 5 - 5 r< UR 3 3 Check type of application filed (check all that apply) t%oning o Special Use o Variance o Waiver o Administrative Appeal ❑ Comp Plan (15.2-2232) Review Applicants name/address w/zip T l0 # V 1-1 CA L4M Ly'G$Lphane: (5-40) 7 j— i f g 3 / WWV7: /t)tr-44'Ga./ ,e . S4D vzi , . Cell #: --- 3//1/41 t✓1(/t1/ere.+4 f/r,✓d., 1,s,i%`4.2-GTi—G- Email: t f wi-eboritiaPli, ttitl A s tad ice./ yA- . flit Contact for Legal Ads 722 rte 1 air1 t-o5.- liOW • Owner's name/address w/zip Phone #: !' '71 r i p k. t.em eety S-G akin i-45 f P . M4Aep.' z., Cell #: (g4 813 ' &r' 4 4 P, r,, Las; 654-0 Email: Gts ri 0 ID Old tin am 61 �-,cl 41 f.e A/ t VA ? 3-45 4 Property Location /6 4oc t B.6. t j m Er- +i N /7.-I'/ti/ ,_O�t. Magisterial District: y� l d1,Fit• rt17 r }� / �(, $ I, C, 6G/t' t-hi bliv. v. tv' 1V%A ? 4-Qsri Community Planning area: /ems f M 1S7/41/7_,/'AJ Tax Map No: 16 3 , 071- 0 a -- 1, t-v- a�1 ,• Existing Zoning: ��S Size ofparcel(s): Acres: j b , �:::)Z Existing Land Use: V REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (RIS/W/CP) Proposed Zoning: /rV-5 Proposed Land Use: i/tii✓ lc" Does tliyparccl meet the minimum lot area, width, and frontage requirements of the requested district? Yes ✓ No 1F NO, A VARIANCE IS REQUIRED FIRST (Rezoning). / Does the parcel meet the minimum criteria for the requested Use Type in Article IV (Special Use Permit)? Yes V l�io IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No v VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (Y/W/AA) Q4 Z Variance/Waiver of Section(s)'� of the Roanoke County Zoning Or ce in or�er ta: b., Appeal of Zoning Administrator's decision to ,-- C Appeal of interpretation of Section(s): of the Roanoke County Zoning Ordinan�, 1 ��(123 �._.,W.',110111 Appeal of Interpretation of Zoning Map to ,'( C Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCE ITEMS ARE MISSING OR INCOMPLETE. R/S/WICP V/AA R/SIW/CP VIAA 8 1/2" x 11" concept plan Metes and bounds description Water and sewer application I hereby certify thal I am either the owner of the property or the owntr's age consent f the owner. Consultation Application Justification R/S/WICP V/AA Application fee Proffers, if applicable Adjoining property owners contract purchaser and am acting with the knowledge and Owner's Signature 2 Application Requirements Consultation with the County Planning staff to review the feasibility of the proposal and to obtain recommended procedures and technical assistance. Applicant is encouraged to contact adjoining property owners to inform them of the proposal. Application must be legible and signed by property owner, contract purchaser, or owner's agent. Justification stating in general terms the change in use of the property, the effect of the changes on the surrounding area, the reasons for the request, the consistency of the request with the Community Plan, and the consistency of the request with the general purposes of the Zoning Ordinance and the purpose stated at the beginning of the applicable district regulations. Concept Plan of the proposed project and the concept plan checklist must be submitted with the applications. Plan must be 8.5" x 11". Metes and hounds description must accompany rezoning application. Water and sewer application and planimetric maps must accompany rezoning and special use permit application, if applicable. List of adjoining property owners including owner's names, addresses (mailing address including zip code) and tax map numbers of all adjoining properties and those directly across any public right-of-way must accompany application, including those in adjacent jurisdictions. Refer to tax records in the County Assessor's office. Application fees must accompany application and are as follows: Rezoning — Agri/Single/Two Rezoning— Multi -family Rezoning — Industrial Rezoning — Commercial Land Use Plan Amendment Special Use B Landfill Special Use B Other Variance Waiver Administrative Appeal Technology Fee $415 + $20/acre or portion thereof $860 + $25/acre or portion thereof $840 + $30/acre or portion thereof $945 + $32/acre or portion thereof $710 $1,875 $150 $190 $190 $275 5% fee on all permit issuing fees In addition, the applicant must pay legal advertisement fees. Staff will prepare ad for the applicant and deliver ad to The Roanoke Times. The applicant will be billed by The Roanoke Times for the ad. Please include email and phone number Public Hearing Notices must be posted at clearly visible locations along the street frontage or property lines of the subject property. Notices will be issued by Planning & Zoning following receipt of the completed application. For further information or assistance, please contact: Department of Planning 5204 Bernard Drive, SW P 0 Box 29800 Roanoke, VA 24018-0798 Phone (540) 772-2068 - Fax (540)776-7155 E-Mail: planning tc roanokecountvva.tov All required items must be submitted before the application deadline. 1 County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff Use Only Date received: Received by: Application fee: PC/BZA date: Placards issued: BOS date: Case Number ALL APPLICANTS Cluisle type of application filed (check all that apply) ezoning ❑ Special Use o Variance o Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review Applicants name/address w/zip 724 +0 e(/ts(1-t vf1. (.(micrd CC Phone: ( 5-4 0 72- S•— - J 8 3 `T: /1)Vl'd rJ4v- P. F ve Cell #: �i/' -0 altpArrx-/ Pt fVa-., CWh't, LCrr -c: Email: eI._ '3/!if'•®(] JI! f tiv" t-,6 , /i- --Get-/v 1 -, V4 i)-4-o1 a Contact for Legal Ads rm. io i.4,r,firs$L„ ,.slow Owner's name/address w/zip Phone #: 'J T l 0- /F C.Ltr'1.44'-'O. -'- aAi-rC L i l l?. 641ry... € Cell #: ' -.. p 0, 4.0x. G $ - 0 Email: (..# ' 1 ii . GM RUi;'k. UM 6-1.C-A- 11.4/lrf. VA- 2 �5 i Property Location bite,.5'M� A- Magisterial District: kV / p 4 7? /11 ia W'lf- iniA, tet l" qt V ?- Q 5,7 Community Planning area: tkirv-I M iv y '.j Tax MapNo.: /03. 0"0 '' C 2 " 1- l • 0 1 -trucl7 Existing Zoning: A. Y� _5 Size ofparcel(s): Acres: f • • � Existing Land Use: VA,6„ift,iL '.. REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (R/SIWICP) Proposed Zoning: A4 V Proposed Land Use: ,,S' /A— a ,_ am, PV . t t- i M&i di t'i C tl--Gi. Does file rcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No IF NO, A VARIANCE IS REQUIRED FIRST (Rezoning). / Does the parcel meet the minimum criteria for the requested Use Type in Article IV (Special Use Permit)? Yes 1/ No IF NO, A VARIANCE IS REQUIRED FIRST / If rezoning request, are conditions being proffered with this request? Yes No ✓ VARIANCE, WAIVER AND ADMINISTRATIVEAPPEAL APPLICANTS (V/W/AA) Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation ofSection(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/SIW/CP V/AA R/S/W/CP VfAA R/S!W/CP V/AA Consultation 8 1f2" 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 ag• ar contract purchaser and am acting with the knowledge and consent f the owner. Owner's Signature 2 County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff Use Only Date received: Received by: Application fee: PC/BZA date: Placards issued: }OS date: Case Number l.- ALL APPLICANTS Check type of application filed (check all that apply) E4 ezoning ❑ Special Use o Variance o Waiver o Administrative Appeal o Comp Plan (15.2-2232) Review Applicants name/address w/zip TWO A/14-1--icell Goereraye- #C%ii r /potty.'W %. 54C vbe, 4 Phone: ( 54o) 725- 8 ) tf = Cell #: �. .• Email: Gd . i12 - .M .i,i1W 3I 4/1 C,fI..tpt rsr-A/ pYly-�A`I I`d.-2dT ea./ye i — YA - f Contact for Legal Ads `,j/'/ I11.14-44 L4,14W, Owner's name/address w/zip / x.,- 19', If - (iti/rl -if yc- lam- U $F `P ,p Ca Rex (p 5 9'0 &I L/lr j111 4 Ai/ 1, A ?3'05 Phone #: — • LGm/i'zaell #: (kt?4) ei 347103 Email: CA - "I 0 iC CIL 1 I crI C . C.d' M Property Location 9Magisterial Cc A /Yt zgivi e / 42i- P` -51 District: ky' l I? R/ Community PIanning area: in N Tax Map No.:, 23 3 CD.- U ~23 , r —0-5-0-0 Existing Zoning; S12/1 / AR l /It V-. Size of parcel(s): Acres: 0. 3 Existing Land Use: >1// 7- REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (R'S/W/CP) Proposed Zoning; .SQL / /T / .4 V Proposed Land Use: _5'lA,41A.-fistm/E�y javv.{,1,.41%,-6 d, pdL�fzL),er , Does theep rcel meet the minimum lot area, width,jand frontage requirements of the requested district? Yes ✓ No "'I IF NO, A VARIANCE IS REQUIRED FIRST (Rezoning). Does the parcel meet the minimum criteria for the requested Use Type in Article IV (Special Use Permit)? Yes V No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes . No t. VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (V/W/AA) 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): of the Roanoke County Zoning Ordinance , Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed, APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S/W/CP V/AA Consultation Application Justification R/S/W/CP VWAA 8 t /2" x 11 " concept plan Metes and bounds description Water and sewer application R/S/W/CP V/AA Application fee Proffers, if applicable Adjoining property owners I hereby certify that I am either the owner of the property ur the owner's agen or`Fontract purchaser and am acting with the knowledge and consent f the owner. Owner's Signature 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant .L� i' i,L% _1C r �arf�.t ��`t /1 t;a` ,t.r, C rn'*- The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review 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 Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. 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 surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. 3 Roanoke County Rezoning Application to remove proffered condition applicable to 9651 Bent Mountain Road, Bent Mountain, Virginia 24059 (Tax Map No. 103.00-02- 21.00-0000) ("Parcel 1"), 9744 Tinsley Lane, Bent Mountain, Virginia 24059 (Tax Map No. 103.00-02-21.01-0000) ("Parcel 2"), and 9786 Tinsley Lane, Bent Mountain, Virginia 24059 (Tax Map No. 103.00-02-23.00-0000) ("Parcel 3") (collectively, the "Properties"): Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zo ing district classification in the Zoning Ordinance, This request to remove the proffered conditions applicable to the Properties furthers the purposes of the Roanoke County Ordinance as well as the purposes found at the beginning of the AR and AV zoning district classifications. In 2011, the Roanoke County Board of Supervisors approved Ordinance No. 121311-12 (the "Ordinance"), which rezoned current Parcel 1, Parcel 2, and about one- half (1/2) of Parcel 3 from Agricultural/Residential District ("AR") to Agricultural/Village Center District with Conditions and Special Use ("AVCS"). The Ordinance approved a special use permit for a convenience store and contained one condition ...that " tlhe site shall be developed in substantial conformance with the site plan prepared by Pierson Engineering and Surveying, dated November 28, 2011, and the architectural renderings prepared by Interactive Design Group dated July 18, 2011 [(the "Original Plan")]." The Original Plan, attached hereto, contemplates a "convenience store with hardware, deli, and gas pumps" off Bent Mountain Road on current Parcel 1, a one-story "school area for 100 students K-12th grade" with an entrance off Tinsley Lane on each of current Parcels 1, 2, and 3, and a twenty -foot landscaping buffer of evergreens in between the school and the convenience store that traverses each of current Parcels 1, 2, and 3. The property subject to the Ordinance was never developed, however, and it was ultimately sold to the current owner in a substantially similar state as that prior to the passing of the Ordinance. The current owner of the properties subject to the Ordinance purchased the remaining land that makes up the current application and subdivided it to create what is now being referred to as current "Parcel 1," "Parcel 2," and "Parcel 3," or collectively the "Properties." The owner's intent by doing so is to construct a single-family detached dwelling on Parcel 2 as well as a single-family detached dwelling on Parcel 3. The owner is also open to the possibility of constructing a convenience store on Parcel 1, as many in the Bent Mountain community have reached out to the owner to show their support in doing so. As the Ordinance requires development in substantial conformance with the 100401855-1 } Original Plan, this rezoning application to remove the proffered condition applicable to the Properties is necessary to allow for the construction of a convenience store on Parcel 1, a single-family detached dwelling on Parcel 2, and a single-family detached dwelling on Parcel 3. One of the purposes of the Roanoke County Ordinance is to implement the comprehensive plan of Roanoke County (the "Plan"). This request to remove the proffered condition applicable to the Properties furthers this purpose by allowing development in such a way that is otherwise permitted by right in the underlying zoning districts and that is contemplated in the Plan. As the developer of the Original Plan abandoned the project and sold the land, the proffered condition applicable to the Properties will prevent their development and result in the Properties remaining vacant for the foreseeable future. in a similar vein, this request to remove the proffered condition applicable to the Properties furthers the purposes of both the AR and Agricultural/Village Center ("AV") ,Districts in particular. It furthers the purposes of the AR District by providing a path for low density residential and institutional uses and an opportunity for rural living in convenient proximity to urban services and employment. It furthers the purposes of the AV District by contributing to the sense of community in the surrounding rural areas and by providing a path for the development of small service and personal service businesses. In both the AR and the AV Districts, single-family detached dwellings are allowed by right and use as a convenience store is permitted by special use permit. Please explain how the project conforms to the generalguidelines and policies contained in the Roanoke County Community Plan. General guidelines and policies contained in the Plan include encouraging sustainable economic growth that enhances the quality of life and fosters economic health, encouraging land use development patterns that reflect community values and desires while recognizing the uniqueness of the community, and allowing flexibility in site design to encourage the preservation of unique natural resources and open space. The project conforms to each of these general guidelines and policies by allowing otherwise vacant property to be put to use in a way that is both contemplated by the Plan and permitted in the underlying zoning district. The project contributes to the economic growth of the Bent Mountain community and provides a path forward for use of Parcel 1 in such a way that would enhance the quality of life and foster economic health for the residents of Bent Mountain. As the proffered condition limits development of the Properties to the Original Plan, its removal provides the flexibility in site design needed to put the Properties to economical use. {00401855-1 Please describe the impacts) of the request on the property itself, the adjoininc) 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 impact of this request on the Properties themselves, the adjoining properties, and the surrounding area is to allow the Properties' development and to do so in such a way that does not require substantial conformance with the Original Plan's contemplation of use as a school. As the developer of the Original Plan abandoned the project, the Properties are prevented from use at all except in a very limited way. Without this request and the removal of the proffered condition, the Properties will remain vacant unless and until a subsequent owner thereof is ready, willing, and able to develop the Properties in substantial conformance with Original Plan. Vis-a-vis the Original Plan, the request provides a path forward for a much less intense use of the Properties than that contemplated by the Original Plan. The impact of this request on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue, is much less than that contemplated by the Original Plan. As stated above, the request provides a path forward for a much less intense use of the Properties than that contemplated by the Original Plan, which will naturally result in Tess demand and strain on the existing public services and facilities that service the area. {OO40 855-1 ) JUSTIFICATION FOR VARIANCE REQUEST Applicant The of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the Folio •ing factors before a variance can be granted. Please read the factors listed below carefully and in your own words, dcscri how the request meets each factor. If additional space is needed, use additional sheets of paper. 1. The variance shall not be contrary to the public interest and shall be in harmony with tit mended spirit and purpose of the Zoning Ordinance. 2, The variance will not be of a substantial detri era to the adjacent properties or the character of the district. 3. Evidence s sporting claim: 4 JUSTIFICATION FOR ADMINISTRATIVE APPEAL REQUEST Applicant Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheep of paper. I. Reasons for appeal: 2. Evidence supporting claim: 5 CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall grap -ally depict the land use change, development or variance that is to be considered. Further, the plan shall address any ► ential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer onditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not • manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required tar to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and Couy development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered nd accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent crmitled by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, c=.mmunity plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site plann` The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exem^ some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensio d. Location, names of owners and Roanoke ' unty tax map numbers of adjoining properties e. Physical features such as ground cover, atural watercourses, floodplain, etc. f. The zoning and land use of all adjac tt properties g. All property lines and easements h. All buildings, existing and pro scd, and dimensions, floor area and heights i, Location, widths and names all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and location. Fall driveways, parking spaces and loading spaces Additional information require for REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utiliti- - (water, sewer, storm drains) and connections at the site I. Any drivew s, entrances/exits, curb openings and crossovers m. Topograpl map in a suitable scale and contour intervals n. Approx. nate street grades and site distances at intersections o. Loca ons of all adjacent fire hydrants p. A proffered conditions at the site and how they are addressed q. project is to be phased, please show phase schedule I certif that all items required in the checklist above are complete, gnature of applicant Date 6 Community Development Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic -Generating Land Uses: • Single-family residential subdivisions, Multi -family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive -through windows) • Gas station/Convenience store/Car wash ▪ Retail shop/Shopping center • Offices (including: financial institutions, general, medical, etc.) • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing home/Clinic • Industrial site/Factory • Day care center • Bank • Non-specific use requests Road Network Situations: • Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly • When required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signal(s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date: April 19, 2005 Community Development Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Petition s Signature °01 3 Effective date: April 19, 2005 8 List of Adjoining Property Owners (names, mailing addresses, and tax map numbers, including those directly across public rights of way): David A. Deel and Larhonda L. Deel 9615 Bent Mountain Road Bent Mountain, Virginia 24059 Tax Map No. 103,00-02-16.00-0000 Bent Mountain Point, LLC 23 Franklin Road Roanoke, Virginia 24011 Tax Map No. 103.00-02-17.00-0000 Site address: 9607 Bent Mountain Road Bent Mountain, Virginia 24059 Bent Mountain Point, LLC 23 Franklin Road Roanoke, Virginia 24011 Tax Map No. 103.00-02-18.00-0000 Site address: 9732 Tinsley Lane Bent Mountain, Virginia 24059 Amelia A. Molitoriss 9759 Bent Mountain Road Bent Mountain, Virginia 24059 Tax Map No, 103.00-02-22.00-0000 Bent Mountain Farms, LLC Attn: David Higginbotham 5315 Fox Den Road Roanoke, Virginia 24018 Tax Map No, 103.00-02-24.00-0000 Site address: 0 Tinsley Lane Bent Mountain, Virginia 24059 (00401936-1 } Bent Mountain Farms, LLC Attn: David Higginbotham 5315 Fox Den Road Roanoke, Virginia 24018 Tax Map No. 103.00-02-25.01-0000 Site address: 9809 Tinsley Lane Bent Mountain, Virginia 24059 Bent Mountain Farms, LLC Attn: David Higginbotham 5315 Fox Den Road Roanoke, Virginia 24018 Tax Map No. 103.00-02-20.00-0000 Site address: 0 Tinsley Lane Bent Mountain, Virginia 24059 Carson L. King and Sylvia P. King 9755 Tinsley Lane Bent Mountain, Virginia 24059 Tax Map No. 103.00-02-19.00-0000 Commonwealth of Virginia 9700 Bent Mountain Road Bent Mountain, Virginia 24059 Tax Map No. 103.00-03-48.00-0000 William D. Carlisle and Lisa A. 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Matter tic Crai 701 FIRST M0100, 5.1 0011YAE . 1M1fi1 Sl 2401 (540) 345-934 FAX EA 345-764 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 13, 2011 ORDINANCE 121311-12 REZONING 13.7 ACRES FROM AR, AGRICULTURAL/RESIDENTIAL DISTRICT, TO AV, AGRICULTURAL/ VILLAGE CENTER DISTRICT, FOR PRIMARY/SECONDARY EDUCATIONAL FACILITIES AND GENERAL OFFICE USE AND TO OBTAIN A SPECIAL USE PERMIT FOR A CONVENIENCE STORE LOCATED AT 9651 BENT MOUNTAIN ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT (TAX MAP NO. 103.00-02-21.00), UPON THE APPLICATION OF GLENN REED WHEREAS, the first reading of this ordinance was held on September 27, 2011, and the second reading and public hearing were held December 13, 2011; and, WHEREAS, the Roanoke County Planning Commission held public hearings on this matter on October 4, 2011 and December 5, 2011; 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 Board finds that the granting of a special use permit to Glenn Reed for a convenience store located at 9651 Bent Mountain Road in the Windsor Hills Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved. 2. That the zoning classification of a certain tract of real estate containing approximately 13.7 acres, as described herein, and located at 9651 Bent Mountain Road (Tax Map Number 103.00-02-21.00) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of AR, Agricultural/Residential District, to the zoning Page 1 of 3 classification of AV, AgriculturalNillage Center District. 3. That this action is taken upon the application of Glenn Reed. 4. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The site shall be developed in substantial conformance with the site plan prepared by Pierson Engineering and Surveying, dated November 28, 2011, and the architectural renderings prepared by Interactive Design Group dated July 18, 2011, 5. That said real estate is more fully described as follows: Being 13.7 acres of real estate located at 9651 Bent Mountain Road and further described as Tax Map No. 103.00-02-21.00. 6. That this ordinance shall be in full farce 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. On motion of Supervisor Elswick to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTS: rah C. Jack Clerk to the Board o upervisors cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Page 2 of 3 William Driver, Director of Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 3 of 3 ulotion or connection ond office buildings, eed -twenty (20) feet In arcerce ond materials espy shall be recessed e slte. fixhires. shall be ,e grade. my or grayish -brown. Ical be oe Mr ihis doveloprnent. to generally match the architecture osesed seuen (7) feel In signs shall be eitonnet• lit, ground so res to to cost t:gtn onto the' oroperty. eupy less Than five (5) percent number of signs shall be limited iehind buildings. ;torts of Section Zcancite County Zoning Ordtnanco Tx* IDDADI-62-24.D. Ea. Dr, 111,ninalhan lbounvowS: i501'DOM tate .evni Sag xt.1.00-02-25,D1 WAD D, xnecteei Zent. lend U, Vcioni 2744 • t'gr0:74.7:1 ATE711.1 ▪ \• . I ask, z -1--7P:1 laYi t i / = , =/ "1-1- i I. i 01 1 / i . qi.• Ee•1,4. F.N1CR ,IP. OV1ri ' .......' ----, ....-r1 ,/ ''',........ i 1 : verntr. ' ..: a. 1. tocelkm. , -........_ 1 sera uouiruem F:VAD / US fiClitt..#221 319 KIN / 7.0 ID4M-132-/M11 Dend 14.06.19ent ItteSJ 2DOM. Zen-.52 LDre De. Van., - rixact•LJNE w. SEC. WI. 7'1 • Tor, 147..CC-R-111-= ikmalrun.r...2001111,54, 2..16 *I. it. VP 0,41 Lone um: PultronDel Imo 10.124-CD-11oD D.:. L. coo.o 111025.34 bp. Ar 2001307 u:a. Caiumnsi. 1114,41 re' unease:A% Ihritm ,,`"" 5.4winK Cworsom. Buffer Yard Da In... Venn , WO, ; / alas Building. Cen.lne1.4. ,q.AP}IaC SCAIZ 11111212-112-16.00 I0=4' 1T:04Z Lend 1114g5 14..1141 a. 4s EA PIERSON ENGINEERING SURVEYING P-U BOX 511 44 iSTAVRCAD DAL£VILIS., VA 24Ce3 403 344-3127 000. C.C. 9.46-5906 MX c_ Li Is/ 4.1 71 CC >— < z L.! 15 z E-77 > 1. 0 0 0 BELL TOWER /�- ALUMINUM FINISH METAL ROOF WHITE WINDOWS DARK RED SIDING EARTH BERM ON SIDES STONE BASE- FRUNT 3ROUP 3-342.7S3M 1-842-7526 '.I DGARCHITECTURE.COM PROJECT NAME: GLEN REED PROPERTIES SKETCH NAME: E W 1,A" DATE: 7-18-2112 JOBNUUADft 1123 SHEET nwmaxA-1 O 1 ALUMINUM FINISH METAL ROOF WHITE WINDOW AND DORMER PAGE WHITE COLUMNS & TRIM WHITE WINDOWS DARK RED SIDING PROJECT NAME: GROUP o•342.7534 D-342.7536 l l aaAR£H ITFCTU R E.£A M GLEN REED PROPERTIES SKETCH NAME: 1/8" _ 1_D" BRTE 7--lawn SCALE 11B""1'-0' 3033 NUMBER 1123 SHEET HUNTER A-10 2 PROJECT NAME ROUP 342-7534 142.7536 )GARCHRECTURE.COM GLEN REED PROPERTIES SKETCH NAME `i AWMINUM FINISH METAL ROOF -'-^� WHITE WINDOW AND DORMER FACE WHITE WINDOWS DARK RED SIDING 1/8" =1'-0" MITE 7-111.20u SC LE 1/B'. 1,0. ER 2123 2A-103 9796 Aerial Map Terio and Lisa Comerose 9651 Bent Mountain Rd Lot Size: 10.228 Existing Zoning: AVCS Proposed Zoning: AVS 9786 Tinsley Ln Lot Size: 2.903 Acres Existing Zoning: AR / AVCS Proposed Zoning: AR / AV 9744 Tinsley Ln Lot Size: 1.582 Acres Existing Zoning: AVCS Proposed Zoning: AV Total area to be rezoned: 13.7Acres Magisterial District: Windsor Hills Subject Sites Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. ROANOKE Roanoke VA 24018 Feet 0 145 290 580 Date: 3/ 16/2 023 1:4,514 ,#8 ent Fir escu: CAigiyo f 0 R0000ko Co k�oOodi Comor ■f _.� JJ Roanoke County :Virginia 2019 Zoning Map Terio and Lisa Comerose 9651 Bent Mountain Rd Lot Size: 10.228 Existing Zoning: AVCS Proposed Zoning: AVS 9786 Tinsley Ln Lot Size: 2.903 Acres Existing Zoning: AR / AVCS Proposed Zoning: AR / AV 9744 Tinsley Ln Lot Size: 1.582 Acres Existing Zoning: AVCS Proposed Zoning: AV Total area to be rezoned: 13. 7Acres Magisterial District: Windsor Hills Zoning AR AV Subject Sites Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 4 ROANOKE CCLN VA Feet 0 145 290 580 Date: 3/ 16/2 023 1:4,514 J J 22t 41 21 #8 Bent Fire Rescue Future Land Use Map Terio and Lisa Comerose 9651 Bent Mountain Rd Lot Size: 10.228 Existing Zoning: AVCS Proposed Zoning: AVS 9786 Tinsley Ln Lot Size: 2.903 Acres Existing Zoning: AR / AVCS Proposed Zoning: AR / AV 9744 Tinsley Ln Lot Size: 1.582 Acres Existing Zoning: AVCS Proposed Zoning: AV Total area to be rezoned: 13.7Acres Magisterial District: Windsor Hills Future Land Use ■ Conservation Rural Preserve Rural Village Village Center F 1 Subject Sites Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. ROANOKE Roanoke VA 24018 Feet 0 145 290 580 Date: 3/ 16/2 023 1:4,514 696 9 J 9619 960 J J \,J 12 O97z6 #8 Bent Fire Rescue ACTION NO. ITEM NO. F.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: The petition of Hugo Jimenez to rezone approximately 1.24 acres of land from C-1, Low Intensity Commercial District, to 1-1, Low Intensity Industrial District, and to obtain a special use permit to operate a construction yard located at 5681 Starkey Road, Cave Spring Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance 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 this ordinance is scheduled for May 23, 2023. The title of this ordinance is as follows: 1. The petition of Hugo Jimenez to rezone approximately 1.24 acres of land from C- 1, Low Intensity Commercial District to 1-1, Low Intensity Industrial District, and to obtain a special use permit to operate a construction yard located at 5681 Starkey Road, Cave Spring Magisterial District. Page 1 of 2 DISCUSSION: There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for May 23, 2023. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 4, 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. Page 2 of 2 County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P0Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff Use Only Date re l /.....3CI :DI Rece i AP 1elonf •50 r` � a-la3 Placards issued: 1305 d..% ..3 ,3 Case Number -1 — 5 / 215-7.7,2 ALL APPLICANTS Check type of application filed (check all that apply) it<Rezoning3siSpecial Use o Variance ri Waiver o Administrative Appeal ❑ Comp Plan (1S.2-2232) Review Applic nts name/address w/zip Phone: �� 03a Pi 2- t 1f i'S� n G Ce1I #: 5110 cO I /- C`/ /3 e&co- aeiDk'� d Email: MctjThu 790hmfrna•i Caf'i C1ttS+Eorl VA. 2c44$4 Contact for Legal Ads /-iv/Sc) `rimeoC'Z Owner's name/address wlzip phone #: e iL �lt�F \OC"t t'`lCtl1e Cell#: 5YC '3/`1- Cgc-f3 eL� 1.,,, t,.f 11 !AY -eel- Email:/��-Jl it u] f3" ED.'G, m,70;, -eo,---p .berm V ci 15 3 Location Property6,E3 5 tom, E3! 5`T 14 e, e7 X C om}© op Oft C- V V Zc-f o , FS Magisterial District: C aif ,Sp R i ao C-r Community Planning area: Cn \ e, S p ( F;,3 0, Tax Map No.: Q p • , ( .©/ , eta.. �1 • Lab (5 C� } 1 Existing Zoning: C — Size ofparcel(s): Acres: L.::::'. 4,1 ACie 5 Existing Land Use: / AG cciA6 6. C%UB REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEWI APPLICANTS (RJS/WICP) Proposed Zoning: C 0 Y) S'�'r -I c - l o't , Vvir d -L ! - .' W/SU f Proposed Land Use: - — Does the parcel meet the minimum lot area, width, and frontage requirements ofthe requested district? 3 -1 63:l''i Yes X No IF NO, A VARIANCE 1S REQUIRED FIRST (Rezoning). S? C-; h0 Does the parcel meet the minimum criteria for the requested Use Type in Article IV (Special Use Permit)? Yes % No (.)-` IF NO, A VARIANCE IS REQUIRED FIRST ,'a12---h- ' I - If rezoning request, are conditions being proffered with this request? Yes X No _ . 00 S f RU c.-11(;1;J VARIANCE, WAIVER AND AYMINLRRATIVE APPEAL APPLICANTS (V/W/AA) Variance/Waiver of Section(s) of the Roanoke County Zoning Ordi .., ,, Er' r Appeal of Zoning Administrator's decision to 61 Appeal of Interpretation of Section(s): of the Roanoke County + . • u Ordina' Appeal of interpretation of Zoning Map to of r'.? a a ITEMS ARE MISSING OR INCOMPLETE RIS/W/CP WA& }t/S/W/CP V/AA RJS/W/CP VIAA Consultation 8 1/2" x 11"concept plan Applicat�+: Application Metes and bounds description Proffers, ifapp 1C. Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the l<iiowledge and consent I'the owner. Owner's Signature 7 Application Requirements Consultation with the County Planning staff to review the feasibility of the proposal and to obtain recommended procedures and technical assistance. Applicant is encouraged to contact adjoining property owners to inform them of the proposal. Application must be legible and signed by property owner, contract purchaser, or owner's agent. Justification stating in general terms the change in use of the property, the effect of the changes on the surrounding area, the reasons for the request, the consistency of the request with the Community Plan, and the consistency of the request with the general purposes of the Zoning Ordinance and the purpose stated at the beginning of the applicable district regulations. Concept Plan of the proposed project and the concept plan checklist must be submitted with the applications. Plan must be 8.5" x 1 1 ". Metes and bounds description must accompany rezoning application. Water and sewer application and planimetric maps must accompany rezoning and special use permit application, if applicable. List of adjoining property owners including owner's names, addresses (mailing address including zip code) and tax map numbers of all adjoining properties and those directly across any public right-of-way must accompany application, including those in adjacent jurisdictions. Refer to tax records in the County Assessor's office. Application fees must accompany application and are as follows: Rezoning — Agri/Single/Two Rezoning — Multi -family ezoning — Industrial Rezoning — Commercial Land Use Plan Amendment Special Use B Landfill �pecial Use B Other Variance Waiver Administrative Appeal .. 'echnology Fee $415 + $20/acre or portion thereof $860 + $25/acre or portion thereof $8442+ $30/acre or portion thereof $945 + $32/acre or portion thereof $710 $1,875 $19 $190 $275 on all permit issuing fees In addition, the applicant must pay legal advertisement fees. Staff will prepare ad for the applicant and deliver ad to The Roanoke Times. The applicant will be billed by The Roanoke Times for the ad. Please include email and phone number Public Hearing Notices must be posted at clearly visible locations along the street frontage or property lines of the subject property. Notices will be issued by Planning & Zoning following receipt of the completed application. For r1hcr, information or assistance, please contact: Department of Planning 5204 Bernard Drive, SW P 0 Box 29800 Roanoke, VA 24018-0798 Phone (540) 772-2068 - Fax (540)776-7155 E-Mail: planning(7a,roanokecountyva.gov All required items must be submitted before the application deadline. 1 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant 0 1-Ao,r1ivelie 2 2-we Inez The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determinethe 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 Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classi cation in the oning Ordinance. Lal)d I5 orr ed N C-IC +0 he SoV•1i1 C.- V acctr14 4m. he No(4dh, I ?rope, 3 +0 * wre eciz4 . Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. 3~l h S De 5 i rrc ecl a. S u uTe LCkVVd - u u re \cn k%t c reo` l)a�ere j S �'ti .eNi l -amen IS ercoura9ece ta nd U j r-thrn CO re atets fV ar Para Ile4 * cev'14r^ck C bog rserr s c Ream:Are,SoIev1 Vri4oti Corc CAY trek. al COW 0,?propric or lay cjese .otciy a("1+jrrra( Ue.s aAd i'etto'r' l !�, — b ctseck p i c t I ill el 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 apd facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. -�)M kxv u , Be3e1) St inn I (00(1 .+0 now Lor * h + e cep' t M (' vtICa r q.01 loovael Wook Se oi. t Qc1 .S S h00 1 , ?av .5 e Vc. Sho rlD Nc be IY1pled o c. 7) e t 0-41 S- rock- rt s u w Val uvvkle -\faC1 L nAck ; e.YNA pfr j c 3 3 JUSTIFICATION FOR ADMINISTRATIVE APPEAL REQUEST Applicant Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper. 1. Reasons for appeal: 2. Evidence supporting claim: 5 CONCEPT PLAN CJIECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensuu-e compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A. concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Signae of applicant 03- 0 Date 6 Community Development Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Name of Petition ,14 3 d v. Petitioner's Signature lO ° Z Date Effective date;. April 19, 2005 8 Community Development Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic -Generating Land Uses: • Single-family residential subdivisions, Multi -family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive -through windows) • Gas station/Convenience store/Car wash • Retail shop/Shopping center • Offices (including: financial institutions, general, medical, etc.) • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing home/Clinic • Industrial site/Factory • Day care center • Bank • Non-specific use requests Road Network Situations: • Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly • When required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc, (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signal(s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date; April 19,2005 7 ' ADJACENT PROPERTY 0 Friendship Apartment Village G2 G5 i Leaf Box <1 Leaf Box Troller Trailer Existing >- Trailer Concrete Pad c„; `"-A Trailer N Troller Troller Troller Trailer Troller PROPOSED CON NEW CRUSHED GRAVEL ACCESS DRIVE TIE-IN (}IO' wide} CLEAR BRUSH AT BACK RIGHT PROPERTY CORNER FOR VE- HICLE PARKING (screened) —NEW CRUSHED GRAVEL PAVING FOR VEHICLE PARKING/ACCESS GARAGE (±SO'x30°' size) Indoor Storage: Small Tools Mulch Blower Air Compressor Icemelt 0 Pick-up/ Troller Pick-up/ Troller Pick-up Trucks Pumptruck — Approximate Property Lin/ (per Roanoke County G.I online tax mapping information •-.I�iIIIt� • 1 • :• 4 V Pick-up Trucks e o Dum truck xi.6tirig Ash p / ' (kith b Gnrlc Dumptrurk_ • . t WNv . : b :EIE'LOYE�"f'Q -NNW GRf HEI? &RAV1 L-.PAYING: : ....FORVEFHCLE PARKING/ACC 55:: -y; 'C,LEAf' BRUSH AT BACK OF ' • • ...•PRC1f?ER'1Y.GORNER FOR V'E- • •• ; fl GL• E PARKING (screened) ADJAGEN1 5bc5 Starkey Roc Uyen Ng C H',PTUAL PLAN: Intended Site Use (prepared 0 Roanoke County,: Virginia 2019 5681 Starkey -Fuukte, or‘ci us,e_ ConAp Disclaimer: It is understood that the data displayed through this application is subject to constant change and that its accuracy cannot be guaranteed. The maps have keen created from information provided by various government and private sources at various levels of accuracy. The data is provided to you as is; with no warranty. representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of any of the information provided herein. It Is the responsibility of the user of the data to be aware of the ,,. data's limitations and to utilize the data in an appropriate manner. NI S Feet 0 70 140 280 Date: 1/9/2023 1:2, 257 Roanoke County, Va 2022, Roanoke "Ci Geographics, and the GIS User Comm 5681 Starkey Disclaimer: It is understood that the data displayed through this application is subject to constant change and that its accuracy cannot be guaranteed. The maps have been created from Information provided by various government and private sources at various levels of accuracy. The data Is provided to you as is; with no warranty, representation or guaranty de to the content, sequence, accuracy, timeliness or completeness of any of the information provided herein. It is the responskUliity of the user of the data to be aware of the data's limitations and to utilize the data In an appropriate manner. N 5 Feet 0 70 140 280 Date: 1/9/2023 1:2,257 Roanoke County, Va 2022, Roanoke Cc Geographies, and the GIS User Commu 3/9/23, 3:20 PM Roanoke County, VA Code of Ordinances SEC. 30-61. -1-1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30-61-1. - Purpose. (A) The purpose of the I-1, low intensity industrial district is to provide areas within the urban service area which are suitable for less intensive industrial activities. These areas are primarily designated based on the suitability of the land in terms of slope and freedom from flooding, as well as the availability of adequate sewer and water capacity, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system. This district generally coincides with the recommendations for the principal industrial land use category contained in the comprehensive plan, and particularly those areas unsuitable for more intensive or potentially hazardous industrial uses. Distributing these areas around the county in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged. Since land with suitable characteristics for less intensive industrial development is limited in the county, a high degree of protection is promoted where industrial development is located adjacent to existing or future residential areas. The conversion and/or redevelopment of existing non- conforming uses in this district which are unrelated to industrial needs is also encouraged. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-61-2. - Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requir- ents contained in this ordinance. An asterisk (*) indicates additional, modified or more s ngent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture Agritourism * 2. Civic Uses Administrative Services Day Care Center * Park and Ride Facility Post Office Public Maintenance and Service Facilities about:biank 1/5 3/9/23, 3:20 PM Roanoke County, VA Code of Ordinances Public Parks and Recreational Areas * Safety Services Utility Services, Major * Utility Services, Minor Guidance Services 3. Office Uses Financial Institutions * General Office Laboratories 'Medical Office 4. Commercial Uses Agricultural Services * Automobile Parts/Supply, Retail * Automobile Repair Services, Major * Automobile Repair Services, Minor * Business Support Services Business or Trade Schools * Communication Services Construction Sales and Services * Consumer Repair Services Equipment Sales and Rental * Garden Center * Laundry Personal Improvement Services Restaurant, General Retail Sales about:blank 2/5 3/9/23, 3:20 PM Roanoke County, VA Code of Ordinances Veterinary Hospital/Clinic 5. Industrial Uses Custom Manufacturing* — Industry, Type I Landfill, Rubble * Recycling Centers and Stations * Transportation Terminal Truck Terminal Warehousing and Distribution 6. Miscellaneous Uses Amateur Radio Tower * Parking Facility * Wind Energy System, Small * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Commercial Uses Automobile Dealership * Automobile Rental/Leasing Commercial Indoor Sports and Recreation Convenience Store * Fuel Center * Gasoline Station * Manufactured Home Sales * Mini -warehouse * Recreational Vehicle Sales and Service * Surplus Sales about:blank 3/5 3/9123, 3:20 PM Roanoke County, VA Code of Ordinances Truck Stop * 2. Industrial Uses Composting * ---`Construction Yards * Resource Extraction * Transfer Station * 3. Miscellaneous Uses Aviation Facilities, Private * Broadcasting Tower * Outdoor Gatherings * Wind Energy System, Large * Wind Energy System, Utility* (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042297, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 082807-18, § 1, 8-28-07; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 030811-1 , § 1, 3-8-11; Ord. No. 052411-9 § 1, 5-24-11; Ord. No. 091311-7 , § 1, 9-13-11; Ord. No. 111213-15 , § 1, 11-12-13; Ord No. 092215-9 , § 1, 9- 22-15; Ord. No. 062816-4 , § 1, 6-28-16; Ord. No. 062717-4 . § 1, 6-27-17; Ord. No. 072721-8 , § 1, 7-27-21) Sec. 30-61-3. - Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: 30 feet, or 20 feet when all parking is located behind the front building line. 2. Side yard: about:blank 4/5 319123, 3:20 PM Roanoke County, VA Code of Ordinances a. Principal structures: 10 feet. b. Accessory structures: behind front building line and 3 feet from side line. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. All structures: When adjoining property zoned residential, forty-five (45) feet, including rooftop mechanical equipment. The maximum height may be increased provided each required side and/or rear yard adjoining a residential district is increased two (2) feet for each foot in height over forty-five (45) feet. This distance shall be measured from the portion of the structure which exceeds forty-five (45) feet. In all other locations the height is unlimited. (D) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 42694-12, § 9, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08) about:blank 5/5 1/9/23, 3:00 PM Roanoke County, VA Code of Ordinances SEC.'30-61. - 1-1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30-61-1. - Purpose. (A) The purpose of the 1-1, low intensity industrial district is to provide areas within the urban service area which are suitable for less intensive industrial activities. These areas are primarily designated based on the suitability of the land in terms of slope and freedom from flooding, as well as the availability of adequate sewer and water capacity, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system. This district generally coincides with the recommendations for the principal industrial land use category contained in the comprehensive plan, and particularly those areas unsuitable for more intensive or potentially hazardous industrial uses. Distributing these areas around the county in a planned manner to create employment centers within dose proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged. Since land with suitable characteristics for less intensive industrial development is limited in the county, a high degree of protection is promoted where industrial development is located adjacent to existing or future residential areas. The conversion and/or redevelopment of existing non- conforming uses in this district which are unrelated to industrial needs is also encouraged. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-61-2. - Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture Agritourism * 2. Civic Uses Administrative Services Day Care Center * Park and Ride Facility Post Office Public Maintenance and Service Facilities about:blank 1/5 1/9/23, 3:00 PM Roanoke County, VA Code of Ordinances Public Parks and Recreational Areas * Safety Services Utility Services, Major * Utility Services, Minor Guidance Services 3. Office Uses Financial Institutions * General Office Laboratories Medical Office 4. Commercial Uses Agricultural Services * Automobile Parts/Supply, Retail * Automobile Repair Services, Major * Automobile Repair Services, Minor * Business Support Services Business or Trade Schools * Communication Services Construction Sales and Services * Consumer Repair Services Equipment Sales and Rental * Garden Center * Laundry Personal Improvement Services Restaurant, General Retail Sales about:blank 2/5 1/9/23, 3:00 PM Roanoke County, VA Code of Ordinances Veterinary Hospital/Clinic 5. Industrial Uses Custom Manufacturing * Industry, Type I Landfill, Rubble * Recycling Centers and Stations * Transportation Terminal Truck Terminal Warehousing and Distribution 6. Miscellaneous Uses Amateur Radio Tower * Parking Facility * Wind Energy System, Small * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses, 1. Commercial Uses Automobile Dealership * Automobile Rental/Leasing Commercial Indoor Sports and Recreation Convenience Store * Fuel Center * Gasoline Station * Manufactured Home Sales * Mini -warehouse * Recreational Vehicle Sales and Service * Surplus Sales about:blank 3/5 1/9/23, 3:00 PM Roanoke County, VA Code of Ordinances Truck Stop* 2. Industrial Uses Composting * Construction Yards Construction Yards Resource Extraction * Transfer Station * 3. Miscellaneous Uses Aviation Facilities, Private* Broadcasting Tower * Outdoor Gatherings * Wind Energy System, Large * Wind Energy System, Utility* (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042297, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 082807-18, § 1, 8-28-07; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 030811-1 , § 1, 3-8-11; Ord. No. 052411-9 , § 1, 5-24-11; Ord. No. 091311-7 , § 1, 9-13-11; Ord. No. 111213-15 , § 1, 11-12-13; Ord No. 092215-9 , § 1, 9- 22-15; Ord. No. 062816-4 , § 1, 6-28-16; Ord, No. 062717-4 , § 1, 6-27-17; Ord. No. 072721-8 , § 1, 7-27-21) Sec. 30-61-3. - Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements, 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: 30 feet, or 20 feet when all parking is located behind the front building line. 2. Side yard: about:blank 4/5 1/9/23, 3:00 PM Roanoke County, VA Code of Ordinances a. Principal structures: 10 feet. b. Accessory structures: behind front building line and 3 feet from side line. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. All structures: When adjoining property zoned residential, forty-five (45) feet, including rooftop mechanical equipment. The maximum height may be increased provided each required side and/or rear yard adjoining a residential district is increased two (2) feet for each foot in height over forty-five (45) feet. This distance shall be measured from the portion of the structure which exceeds forty-five (45) feet. In all other locations the height is unlimited. (D) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 42694-12, § 9, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08) about:brank 5/5 Roanoke County, Virginia 2019 Aerial Map Hugo Jimenez 5681 Starky Rd 087.18-01-40.00-0000 Lot Size: 1.24 Existing Zoning: Cl Proposed Zoning: 1-1 Proposed SUP for Construction Yard Magisterial District: Cave Spring Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 d ROANOKE Feet 0 35 70 140 Date: 3/22/2023 1:1,128 \Roanoke County, Va 2022, Roanoke Cot Geographics, and the GIS User Commun Roanoke County, Virginia 2019 Zoning Map Hugo Jimenez 5681 Starky Rd 087.18-01-40.00-0000 Lot Size: 1.24 Existing Zoning: Cl Proposed Zoning: I-1 Proposed SUP for Construction Yard Magisterial District: Cave Spring Zoning C1 C2 R1 R3 Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. ROANOKE VA Roanoke VA 24018 FLAN.. Feet 0 35 70 140 Date: 3/22/2023 1:1,128 Roanoke County :Virginia 2019 FLU Map Hugo Jimenez 5681 Starky Rd 087.18-01-40.00-0000 Lot Size: 1.24 Existing Zoning: Cl Proposed Zoning: 1-1 Proposed SUP for Construction Yard Magisterial District: Cave Spring Future Land Use Neighborhood Conservation Transition Core I I Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 41 R©ANORE 0 70 140 Date: 3/22/2023 Feet 280 1:2,257 0 m cP G 577 ®5745 \_\5733 5 904 568( 569'6 1f'1! 11A 471 4715 i 4711 196 IVY GREEN Cr ACTION NO. ITEM NO. F.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: The petition of Martie Murphy to obtain a special use permit to operate a car wash on approximately 5.995 acres of land zoned C-2, High Intensity Commercial District, and C-2C, High Intensity Commercial District with conditions, located at 3939 Valley Gateway Boulevard, Vinton Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance 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 this ordinance is scheduled for May 23, 2023. The title of this ordinance is as follows: 1. The petition of Martie Murphy to obtain a special use permit to operate a car wash on approximately 5.995 acres of land zoned C-2, High Intensity Commercial District, and C-2C, High Intensity Commercial District with conditions, located at 3939 Valley Gateway Boulevard, Vinton Magisterial District. Page 1 of 2 DISCUSSION: There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for May 23, 2023. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 2, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P 0 Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff Use Only Date v I '3 Re �e7• cutteue S Applicati fee: iS'•So PC/BZA M e: �� i ci- Placardsissued: BOS date: a3 GZe Case Number 5 - S 1Z3 a3 ALL APPLICANTS Check type of application filed (check all that apply) ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review ❑ Rezoning FA Special Use ❑ Variance n Waiver Applicants name/address w/zip Martie Murphy 124 East Thompson Street Thomaston, GA 30286 Phone: 701;-6 7-na14 Cell #: 708-975-6882 Email: martieRshiconstructuiongroup.com Contact for Legal Ads t-k l tk l t WArpCt� Owner's name/address w/zip LIDL US Operations, LLC 3500 S. Clark Street Arlington, Virginia 22202 Phone #: 844-747-5435 CeI1 #: 844-747-5435 Email: legal@IidLus Property Location At the intersection of Valley Gateway Blvd. and Challenger Avenue US Route 460 Magisterial District: Vinton Community Planning area: Bonsack/Vinton Tax Map No.: PID #50.01-01-05.06 Existing Zoning: C-2C, High Intensity Commercial District Size of parcel(s): Acres: 5.995 Acres Existing Land Use: Vacant Lot REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15 2 2232) REVIEW APPLICANTS (R/S/W/CP) Proposed Zoning: Remain C-2C Proposed Land Use: Carwash Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? FIRST (Rezoning). Use Type in Article IV (Special Use Permit)? request? Yes Cl No ❑ Yes m No FI Yes I4 No C IF NO, A VARIANCE IS REQUIRED Does the parcel meet the minimum criteria for the requested IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this ta VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (V/W/AA) Variance/Waiver of Section(s) of the Roanoke County Zoning Or C cc in order to: 3 Appeal of Zoning Administrator's decision to co tj \ • 11. Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinanc c° r �sL 4y{ i �p� 'E'�' ,, . Appeal of Interpretation of Zoning Map to s Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPT ITEMS ARE MISSING OR INCOMPLETE. e/S /CP V/AA Consultation Application ustification R/S/WLCP V/AA I hereby certify that I am either the owner of the consent f the owner. 8 1/2" x 11" concept plan Metes and bounds description Water and sewer application 11/S/W/CP V/AA limil Application fee Proffers, if applicable r/ Adjoining property owners property or the owner's agent or contract purchaser and am acting with the knowledge and ,_''2t`1-- - -i y.--, Owner's Signature Contract Purchaser 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant TWAS Properties LLC The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review 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 Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The proposed development is for an automated tunnel car wash, the purpose of the C-2 zoning is providing a variety of commercial and service related actives. We feel that a car wash would fall into this category in providing a commercial service to the urban area. The zoning allows for car wash but only with a special use permit approval. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Per the Community Plan the portion of the lot that is being proposed for development is classified as "core" in which the proposed car wash would be in conformance with. Note the rear of the parcel is classified as Principal Industrial designation, the parcel would be subdivided so that the rear of the property could be developed along with the guidelines of Principal industrial. 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 current parcel is a vacant lot, the proposed development will have a high end car wash with stone exterior and landscaping to develop the parcel. Access to the parcel will come off of Valley Gateway Blvd, therefore we see no negative impact to the public. Utility services are available In the area, and would be designed to meet the local requirements. 3 CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS m a Applicant name and name of development b Date, scale and north arrow c. Lot size in acres or square feet and dimensions ® d Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc, f. The zoning and land use of all adjacent properties ID g. All property lines and easements All buildings, existing and proposed, and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading spaces I✓1 Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS Existing utilities (water, sewer, storm drains) and connections at the site Any driveways, entrances/exits, curb openings and crossovers Topography map in a suitable scale and contour intervals Approximate street grades and site distances at intersections Locations of all adjacent fire hydrants Any proffered conditions at the site and how they are addressed If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. 3/2/23 Date Community Development Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this fist is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic -Generating Land Uses: • Single-family residential subdivisions, Multi -family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive -through windows) • Gas station/Convenience store/Car wash • Retail shop/Shopping center • Offices (including: financial institutions, general, medical, etc.) • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing home/Clinic • Industrial site/Factory • Day care center • Bank • Non-specific use requests Road Network Situations: • Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly • When required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signal(s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date: April 19, 2005 7 Community Development Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Comrnissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Martie Murphy Name of Petition Petitioner's Signature 3/10/2023 Date Effective date: April 19, 2005 8 SITE INFORMATION: AGGREE¢TsxrcN visrraar 13.3313.00.0x71, 73,04A P3OPERTY AREA.A336ACRE PROPERTY Ma. C-]CHIGH UMW, CanuelFR033,17312147 eueoxG sgrarcm LA31713CAPE 63F1=ER PROM,. Weft 37 SEEREAR IV PARKING NOTE PARC.ECUR., PARKING PRONG@ csaso Rmw�� AcEta iuwtiicwPm ca 3270TALSPACEs SITE LAYOUT AND STAN]NG NOTES 1. F TNEPLANsARE MT CLEM o3.336cpEPsH$02a3VNECOMPAncRrsio 03317.41" 63C 0WI11®LN6 SER.ES..AYlos& [86FaRCLu .11031MM®uSBv. ALL NOR.°AN6F.MSl1NC ARETC THE RPfE OF Cols, UM OF BULCE3G. oRMALL7'3913NLLY FXPMNE,L130.A1Blr6AN6TNEtAVISTWICStoxsrfETOGerIW Mar N aN 0.0.27. OF E%19 f EG C O N CRI O N A A 131371Id3MUrE 4:3Le CREWED TOVNFCRM& WELL 0.0413 AND %1 J3LY APPEALING auVS ACEr4 AVI cFRAIRIN.138. IssxALLMAX,RMMarHTrE COMMONWEALTH OP NFONIA LIFPARTURROF OTHEMNWLONOHFCRM3ICGONTROL DENCES 01UTWj LMTE97E6730. PARKINGPARKING, q SD srsll_PFIgiW OEE VIELONSRI IGUELENAHpCAPPE]ARRIFHNC 9 ROYr'E JALL CONFORM MA THEMMFPJCAN VSM 3.� ols.31.317 ACT DEMON GUOEJNEE AW6e7rCF[cmry,91,7537 EOspN T. OI.Ea15307180.3t7134507. hGEG3103 TO PArECF vrQ vdgtE 731130 CN11ERI8 SHOWN CMB'NASE0I3Br31C.AREGNEN TO THE WOE OP PAVE... caurRAcrpR IS TOGOOROINKIE MMMTNE AROHRE)TLR LPLANS ASTGTrEEWLONEUYOIIr aM 033Ea9GNs HATCH LEGEND: VA STANDARD UJIY cCNCETEE PAVEMENT STANDARD DUTY ASPHALT PAVEMENT 3 HIGH ROLL CURB EUSTING ASPHALT tetkai CONCRETE SIDEWALK HEAR DUTY CONCRETE PAYMENT IXJSIING OONCREIE PROJECT xa: 6RA.Musr DEs131F3 sr 3431303303re SURVEYED BT: us crr3mr Cectvmar: SG.-E: +•=2a CAM 3,73773333_, SHEET 1A OF 2 •®may 'r2 F SITE INFORMATION: A00146S6. VINTON CISMOT ROMOPEOCUNTY. VIRG. PROMS, APS. i6.W5.5CRES P29G2h'x5NTc: WONIGM GREHETTOOMM9ICIS SIIWC SIAM. SUS.. »G P ARWNG NOTE PARISMS nES.UM LAMES FSR5RTO 6FA O 6939Fn0ry aA �ACT:fW SITE LAYOUT AND STAKING NOTES ASTM'sNp,7(•{q, sPOARORFACES ICFFP{p SPACES YTMA IFTHE PUMA. BM CLEW oR DI MS.MNESOCGYi THEOCHMASTOR 000NTACT BICNORMIING SERI SS. X1,05.565..5555FPR Ua9FlUTIOMINMECIAM., ALLNCSOI MO ANS EUTNS ASSEPOTHE FACE OF CMiB.®6E OF MAIMS. C MfRACROR GHAL.MFITILLY SIMMS ALIMS ANDTEGONSMUOfpN WETS OMAN anT HANLE. T.OF ESSTI.0 CaNCJVCNE EMWESRES4,us4 I TO GNFOOA, 44ELL OEANEM VISV41,( AMF-41.INOSURFACE NRH A M NI NNMTO PMIL uTER °F A'S"; I N G S.S. E MANSPORTAMON MS A MAHAL IRIRMITRAPAGGSNMO OEMC6 fNILMM TESTA MO. PARKINS 4IMMPPPG TO BE YTBLOLIMSTHSLUE.CMAPPSOIMIPFlNG ▪ AELRANSCAPPAAIUNG SPACES MC AOCIMIIRMINNME.J.LCONFORMV4MITMAIASAMMVAMX 01SA1311.7Y ASS MUGS 61.1I0EINSS AND SPSIAMMTONGUMW HMO& SMB EONS MD WRYER. S ES»9I TOFILEOF CUM w4ftECJRBAp GLITTER IS SHOW , ODERASE gM@ySGNSAREONEN TO THE EMS OF PAVEMENT. GOICP.ACCOR IS SO COPCINnTE WITH THE CE,WNtPLRM STO ME SLY.LINS LAYS, NOCIMBTSICNS HATCH LEGEND. STAIOAPD DUTY ODNCRETE PAVEMENT ®STANDARD DUTY ASPHALT PAVEMENT 5 [NIGH ROLL CURS EXISTNS ASPHALT w/a CCICCRrrE SIDEWALK HEAVY DUTY DONNE PAVEMENT EXISTING CONCRETE W E PLAN 40 SCA Q. G] z U I- HE Lit' = m W W ❑ 0 D- O U 2 YaD- co O ~ FRAD.ECT NO, CESIGMEO. DESIGNED S'/ SURVESSCMY IMP S.M.-TMM C.HECKIE. .SW APal >H>� O'503Y5929 SHEET 1B OF 2 fpF -011' dirt' oro.. wow 1P WM eV 1%.3r..„71...e. NOTES 9. Mal= now .1 OPPoi. wo Poor SHFILIE I:LAMING Om-PE, 1Per avo nog no. PLA4ado oats. 41:67 V.Ltt TREE PLANTING 111111.1e PIC t5azi-o.t.os,t5e s'ensAcREs 'ZONED C2 3133303VERREA311333. 333.3 339. 03, ARO Cae9133.133.1313earaaLle 71,4 • gm. 45-?' 31.3 ILL • 7-11-1M." 72- eremplepuaue 3,13P13113,19333.1.319P3193,3013 .310k1oustpot o our KIIVAXIIIMMPAPP,P119 04.141.111 AELLNONPOPLORPURIPPOOOMPOY wcoanno.-InuanwrIr 11.12.1.11PAY1111/114. orralatovyni raw 1011P-91.1114.111 WW1. OIL03110. /161P4POPICLO IdOPOPLIGNIP1,01. 114,..11,41,00PRIPPA .34,APItto .3,933A .93333303.1.....3.3* LI.O.0.311102..13P-LSOLLP 1.110.91:011RONO.I.PPLAs OPOOLF0P.01,1.1. CLOP. 1.12,90 p.pOOPOOT SITE iNFORMATICet F3331.331,133E3.31.33 ACRES P130131RT./ Sagas .3 LANDSCAPE NOTE.. PLLGOOIRPEOPRE081,0,001/ERED EV EMIICIUREIPP.O0O1P092309P101.21.1.LPH SONE/ OMPORPOWHERMLIOAGRAN MOM. WREN SEIZOTEDBY OMER. 2 ..21,2orr nips sw.61,51.11VERIAINVIRIIIMING1PINGP2P1OANDFINF2-0F903.1,... •33,3tiwrni333930.3.311C-(3.911ED. 3. 41.1.191VER POO( LISEOZHALL BE 9,6,101111MINE, 4. ALLS0e.uno.ponpupErm21.1.1-canerr (IF ReelwALTAPPRCPRIATE 9022 . 31.3339331.3.3313111-301333F-13331.131.11.3v3•13.413[3.1331310111391 ¥41111E031419 1.33,333 31-1,3331111553.13.113-7.333333.13,3TEPEOFT311F1.3310SCAPEOOHR4C113131.7711EVAEOF 11131,41/3.3. T. THE POE 1111.1.11.161.1 OPALL DEMOSPHOIRASPIPPOEPOCIOIT11.11.01.4054PLETED. B. NOLAREE1PEE39406.11BEMANTEWEITHIHIOPEETCPAIN OIXOTI.P.OR stow OA.. 131,39,.3. c011110.2-1-. sHALL VEMP/LOOrriati OF 311.3133 PRIOR TO EEONIPIGIOPPOLEISTPLIATIOOL LPNOECAPIAACPPEECTTOPPPROVEPLROVIECPIH7OR.W- LOPATPOPE 1.31.311.3311391T133.31011 MALL BE RESPDX3333.3 301311.313/3.03 UllArry 431E3 WAGED 0(13333113/33ING. 9. ELT (3371313.111.1,3919.133.330.3333 111M,.33,.,310N. 191.393L SHALL MAIMED -RI YOFT9P0313/3131131333331,31.1.13 311.0331131310311301313.11o33T31E3.911111.333313.11..E.41093131333.1.39311113[1333131033 033.131re Cows Na3R39149.3314333.333.430 03133LTY1311111E WM. ESCIRIO OWE RULES FGR ALL ELECTRIC ,3331333,314933,1333.3. ZAMZE CONTPACOMSHOUGOOLOITEE ALL IIMPAXPESHIPPR2P-POrIMPESIAL TO EE HEDY DEMME-PGA A PER= OP ONE .1)150,11.PO4 PPIPLACCEPTANCE OPINE PROM, 0011TR4OTOR .PLACE AMP PLANT MEM. FOLPOPPOEEEGFEL-TIVE OPIEWNE PER100 OP GWYN= 4tnesebtrrsti212onvoli, 2.21.1,121.1. KmacEutprr pecE9902.7.1)BV Wage BY MOO OR OIEBACNIJue TO 9.331Knaorr timatwncon4A7a.290.1ENLE. PAE.OE 14. XL PUNT 1RRTERIV. IOVETMEETAA.EPPOIFICKEOMPPOR 40.1 ORPOE, IRRIGATION NOTES: 3111.111.103031E33649,3101/63393,310.33331.00.33133RFR6A1414C9t STREET5M3331.331.11133, re02.212 • otiGhTIONS16.1.10 11.1JOE.SPLIAVIZAD8,VALVESPAOCONT1011111.2. 3. AV:1.RM METERANDE31:11FLGW 13334133303.133/ BE 303111330(SEELITILITY R,130. LANDSCAPE GRADING NOTES: 1.totrttcrola TO mum ALL PREPS 011 THE LM4.P&PUh MOJI.E.HO 106,11.PFAVAY, 14.14..15) BEEM2 soca.. 2. TOP SOIL MAU- BE =Irmo FROM ALL cur ono PI.L.PRO4.ESOCOPLE0 REOlarlINTED 0415, wow Amos. PROVIDE MOM. MO SE1911.01TATIP11 panto. WM. "WOLFS 111.1i1N6 Otristacnoti 3. TILL BOOTOA DO11.POOPY PESEEL 4. HEMMEN, ROMS SAREERMAN 11PEASORED IN LAPPIEST ERECTION. ORADEP11. AHEM lOWSPEVIIPCOPOYE SLOPEAWAY PROMPPLONO. 0. 31113RADED ARM TO RECEIVE SEM OR 300.1W SOL STRAY AM NAM MEL HEALTHY 31,6610 O P OW. POOBELEJEO. LAWN SODDING NOTES ▪ POKEPPOmPpePOPIWoun roan r3•113313.9.933333.333,m939133...3139.1933133333r33.3 RE31/11317-33 GULLY 19.3611,11.0.11E2,1115.4. PAPASTOPECEIVESEOD. A3EASIORECERESCOMAILBECLE04DFCE00ANDFREEOFWEE68.. 2114...v.m141.11E-21028,111/05111W0F1142.0APANICAT.B.I.Pf,ORRYEAPPEADATA CFR. 7011,21,0044. 2-1.01.01ET10013. 01112£1.1714A0.6.12a2.1,1111.3...20 ESTABUSHEDLAntl. 3. 1131311913303331.LUE3111.1133PATSLY.73133E301110.4/3331331£011.3.13,059331>ulyeen/333.9 1.03STS013333,333EGER13333TION3/10133.333.131,13334331333•TH33333333,333_3333393v3. 33.340711333 3T1.103 OF E0TAEL391E0 L33.119.03.30 THE CORE MOMS. WE. RES 03 GROOM 3.39.33:3,333.9 00 111,,. le 0 30PP.P- tr4 1 11 ij HATCH LEGEND: SOCEED AREAS .110001/19.1.1101.99111,114/.111591. . 911.1.1110,11 n pinw..2,angia 0.411.0P4P .111.01ArleR10.0,011./.18 DROP eurF0111.11, war .3393..31313 1110419.11f otel..1 1100L11.1.90,1 ,3.0.33.1r33.3. 000LOCNOPOrt \mire me..333933./ 9119.1.01.11 9100114.61. 3391133totox MO ROM 0.10110.1111.9 11.1.11,91.4.1 13,33,33.3 W.11010011 1.11114-14.1.19, 33 MIX.. pi. Omit.. Po, 19 10 LEE .11 330 ItrrAf CITISIP V'!" 110 GO 492 LANDSCAPE PLAN PRISIFCT 73.7DIM NAME, _Nair_ DESIGNED.: 0014 511119a1S0 Q. POPP,E,ME, CHECKED BPI SOY. DAM: _FOIBPZID_ SHEET L1.0 OF MARVIN POTENIlALALL.SRMENET — — (3REENWAY PATH OPTIONS — GREENWAYEY OTHERS — • • 209E ROANOKE VALLEY GREENWAY PLAN — BIKEWAYIPEDESTRIAN PATH I• NEW ROADWAYS • • OPTIONAL ROADWAYS DEVELOPMENT DEPENDENT) S EXISTING CARSON EN IMPROVEMENTS um CROSSINGS - RAILROAD CROSSING OPTIONS mos FUNDED ROADWAYS ENVIRONMENTAL LAYERS ion YEAR FLOODPLAIN BLUE RIDGE PARKWAY WAT€RBODIES —STREAMS SASE MAP LEGEND STUDY LIMITS • COUNTY BOUNDARY PARCEL BOUNDARIES —RAILROAD U.S. ROUTE 460 LAND USE AND CONNECTIVITY STUDY POTENTIAL TRANSPORTATION IMPROVEMENTS ROANOKE COUNTY, VA — SEPTEMBER 2022 i P °..'TIMMONS GRROUXP DROOMFIAPEi r r'�-- Ise OM WAN1L� _ anN.E1. ! I n,arnl ousHommo mEN ,..""'° HREDEIZNIaNc 91I��I�Ifp��ff11 lF#I��I��I�R�i�Nflf}1If{I�il�ffi�ft�fIfflfffflRlll�l��l�ffl�liAl�tlllfi�� ; ' r.f��ifA�� -------_........._ -r_. P..� rrras�rrn MOH sick. NA SPA- EXTERIOR FINISH SCHEDULE: 1 PUSHED METAL ROOF ILOR - REGAL BLUE SOFFIT, FASCIA, FLASHING R-MATCH ROOF COLOR) UIME IZE CH 5F FRAME COLOR STUCCO SW 9102 $WHOA SPLITFACE WATERTABLE COURSE OLD CASTLE " WHITE SPLIT FACE BLOCK {BELOW WATEATABLE) AL STEEL HM DOORS/FRAMES OLD CASTLE • BEIGE NS, PAINT - PAINT SW 2735 ROCHWEED 4 0 PRELIMINARY FLOOR PLAN M. TODD ALBRITTON ARCHITECT ❑ ❑ ❑ m mstHANTANHATAHIAATAAmm NEW TIDAL WAVE AUTO SPA TIDAL WAVE AUTO SPA EAST THOME SON STREET THOMASTONNE7N,, Rcw TE DESCRIPTION SHEET TITLE PRELIMINARY PROJECT RATE NM. PROJECT NUMBER EMPAS Sy um LAROMID EQUAL EQUAL �xeM.�,eA ram, 0 FRONT ELEVATION 0 SIDE ELEVATION - ENTRY 0 SIDE ELEVATION - EXIT M. TODDA16HITTON ARCHITECT ❑ ❑ ❑ i�wSeeN., 4faxNce mieoaJlbmm�e u� � @prvamm NEW TIDAL WAVE AUTO SPA TIDAL WAVE AUTO SPA EAST MPSCN STREET T}CMASTON GEORGIA MOS MARK DATE DESORPTION SHEET TITLE PRELIMINARY PROJECT DATE. O.. PROJECT NiJmaEa. w PR.2 ••• • • vESI. e 1Y.117 4.1r."1,5111r, a .41 Ne: Attractive Facilities Attractive Facilities JUNUNOTED WASH CLUBWash you. ear cia dr, It you want' refill LAMS OF MINS PlItOTKIIIONI 549" MIWITSIMAMWMM - .. .it ,..:. NI; 1 •-ci [ 1;7 E 9 115;1 CI .*: 1:i? tii? . A,1.,.. • zzi i L3 Cil T. ' '(:-.-- - F'.:' - ' -rg-- , , '• - i _:_yut,..L.: OUP FISST WA 516,!_ 5-....— IMMIIIMIAMVOM6AV Professional Landscaping • 111,141/ 46. *"..* ..14 I * /oft, TIDAL WAVE AUTO SPA ,'RE LVED! S US APART ;OM S IS OUR ENT TO THE IES THAT WE VE OFFER R.AISING NITIES FOR CHURCHES, JPS, SPORTS & MORE. A TIDAL WAVE E.ms4+fre vacuums DATE December 6 1a 16 P°aAaoea ncT°T„E Upson -Lee North Elementary PTO i$ Two thousand two hundred fifty and no/100 oXLAA 2,250.00 TIDAL AUTO IPA WE GIVE BACK! TIDAL WAVE AUTO SPA BELIEVES IN GIVING BACK TO THE CITIES THAT WE CALL HOME. ON THE 3RD FRIDAY OF SEPTEMBER EVERY YEAR, EACH LOCATION DONATES 100% OF ALL SALES MADE THAT DAY TO A CHARITY OR NON-PROFIT GROUP, WITH A SPECIAL EMPHASIS ON THOSE THAT SERVE CHILDREN AND ADULTS WITH SPECIAL NEEDS. OVER THE PAST 11YEARS, TIDAL WAVE AUTO SPA HAS DONATED OVER $500,000 TO CHARITIES WITH PROCEEDS FROM CHARITY DAY ALONE. SOME LOCAL RECIPIENTS INCLUDE: ANNANDALE VILLAGE; BIG BROTHERS/BIG SISTERS; ST. JUDE HOSPITAL; FLORENCE COUNTY DISABILITIES FOUNDATION & AMERICAN RED CROSS AT A REGULAR' MEETING OF THE BOARD OF ;SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JULY 25, 2006 ORDINANCE 072506-8 TO REZONE 17.24 ACRES FROM 11-C, INDUSTRIAL DISTRICT WITH CONDITIONS, TO C2C, GENERAL COMMERCIAL DISTRICT" WITH CONDITION, FOR THE CONSTRUCTION OF A RETAIL SALES FACILITY LOCATED AT THE 3900 BLOCKOF F CHALLENGER AVENUE NEAR .THE INTERSECTION OF VALLEY GATEWAY BOULEVARD (TAX MAP NO. 60 1-1-5.44, VINTON MAGISTERIAL DISTRICT UPON THE APPLICATION OF KAHN DEVELOPMENT COMPANY, INC. WHEREAS, the first reading of this ordinance was held on June 27, 2000, and the cond reading and public hearing were held July 25, 2006; and, WHEREAS, the Roanoke County Planning Commission held a pubiic hearing on this matter on July 10, 2006; and legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Vi rginia, as That the zoning classification of a certain tract of real estate containing 17.24 acres, as described herein, and located at the 3900 block of Challenger Avenue near the intersection of Valley Gateway Boulevard (Tax Map Number 50.01-1-5.5) in the Vinton Magisterial District, is hereby changed from the zoning classification of I1-C, Industrial District with conditions, to the zoning classification of C2C, General Commercial District 2. That this action is taken upon the appl Company, Inc: cation of Kahn Developrr'rent 3. . That a pardon of this property was included in the 9989 rezoning upon a petition by the Industrial Development Authority of a 105 acre parcel from residential to industrial, at which time the following conditions were placed an the property; which. conditions are now being REMOVED a. The property will not include permitted uses for: i, Manufacture of pottery and figurines or other similar ceramic products: ii; Veterinary hospital and commercial kennels with exterior runs and yards: iii. Outside flea markets, unless a special exception has been granted by the Board of Supervisors. b. That all locational signage (Sec. 21-9 ([))) will be aesthetically pleasing and be not more than forty (40) square feet in sign face and no more than eight (8) feet in height, Outdoor advertising signs (billboards) will be prohibited. c. That all utilities will be underground. d. That there will be no on -street parking. e. That there will be sufficient truck loading spaces designed for each building site, as necessary. That the Petitioner will evaluate the drainage situation for the subject tracts and implement a design for drainage facilities to either retain or detain the two (2) year storm (as required by Roanoke County) and the retention or detention for a ten (10) year storm. g. That primary access to the property will be limited to Route 460. h. Building placement and parking will be designed to not impede the future widening of one additional lane along Routes 460 and 758. Should out -parcels be subdivided along Route 460 frontage (Parcel A), access will be provided via an internal road network plan utilizing the existing median cut on Route 460. Type E (Option 2) buffer and screening and requirements will be provided between Parcel "A" and single-family residences. All Roanoke County screening and buffering requirements will be implemented as specific development occurs. k. Existing oak trees on Parcel "A" will be preserved to the extent allowing for. feasible development of the subject parcel. I. All internal thoroughfares will be designed and constructed to'VOOT standards for future dedication. m. Dust mitigation controls will be implemented during site excavation activities. n;,: The developer will cooperate with the Roanoke County Utility Department to provide necessary utility eaments(s) for a sanitary sewer submain along Route 758 (Carson Road) at a mutually agreed upon location: 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) Before a certificate of occupancy can be issued for any building constructed along the southern border of the property, a row of staggered evergreen trees will be installed along said southern border at or nearthe top of the slope above the existing storm water detention facility, Trees will be spaced 12' on center and will extend from one end of the building or buildings along that border to the other end. It is estimated that this would result in the planting of no more than 45 trees. (2) Screening shall be provided for HVAC rooftop units on the building or buildings located along the southern border of the property in order to shield those units from the view of residentssituateddirectly behind the Integrity Windows facility. Screening shall be in the form of covers or parapet walls, and shall be a neutral color. 5. That said real estate is more fully described as follows: Beginning at a point on lntegrity Drive (formerly Woods Farm Road) being the northeastern corner of the hereinafter described parcel as shown on a Plat from Survey', and Records showing Dedication of Right of Way and Easements for Integrity Drive from Tract "B Tract "C" and Tract "D", Valley Gateway Business Park dated September 5, 2003, made by HSMM and recorded in the Roanoke County Circuit Court Clerk's Office in Plat Book 27, page 23 (the "Plat"), then along Integrity Drive 914.14 feet to a point marking the southeastern corner of Tract "C" as shown on the Plat; then N. 67 degrees 24' 04" East 781.46' to a point marking the southwest corner of Tract "C" as shown on the Plat; thence N. 01 degrees 29' 30" West 1077.57' to a point marking the northwestern corner of Tract "C" as shown an the Plat; thence N 83 degrees 52' a2" East 783.75' to the point of beginning, being Tract "C" containing 17.2432 Acres as shown on the Plat. 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 sarne hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by On motion of Supervisor Altizerto adopt the ordinance with the proffers dated July 25, 2006, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: $4.'6/11"- Brenda J. Heil n, CMC Deputy Clerk to the Board of Supervisors File Arnold Covey, Director, Community Development Philip Thompson, Deputy Director, Planning Janet cheid , Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney Roanoke County, Virginia 2019 Aerial Map Martie Murphy 3939 Valley Gateway Blvd Size: 5.995 Acres Magisterial District: Vinton Current Zoning: C2 / C2C Proposed Zoning: C2S / C2CS SUP: Car Wash Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 Feet 0 70 140 280 Date: 3 /2 3/2 02 3 1:2 , 2 5 7 - o o ,. o M crAd J r ©jr`Fata Roanokel Count-y�Weriyinia 2019 ,! Zoning Map Martie Murphy 3939 Valley Gateway Blvd Size: 5.995 Acres Magisterial District: Vinton Current Zoning: C2 / C2C Proposed Zoning: C2S / C2CS SUP: Car Wash Zoning C1 C2 11 R1 R3 E Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 PO JOKE Feet 0 70 140 280 Date: 3 /2 3/2 02 3 1:2 , 2 5 7 Future Land Use Map Martie Murphy 3939 Valley Gateway Blvd Size: 5.995 Acres Magisterial District: Vinton Current Zoning: C2 / C2C Proposed Zoning: C2S / C2CS SUP: Car Wash Future Land Use Neighborhood Conservation Transition Core Principal Industrial E Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 Feet 0 70 140 280 Date: 3 /2 3/2 02 3 1:2 , 2 5 7 ACTION NO. ITEM NO. F.6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: Ordinance authorizing the approval of new variable width drainage easements to the Board of Supervisors of Roanoke County, Virginia on properties on Colonial Avenue and Vest Drive for the purpose of drainage improvements, in the Cave Spring Magisterial District SUBMITTED BY: Tarek Moneir Director of Development Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance authorizing the acquisition of public drainage easements for multiple properties to facilitate construction of drainage improvements with ARPA Funds BACKGROUND: The drainage improvements projects selected for construction with ARPA funds were selected from the priority list maintained by the Stormwater Operations Division. The selected projects involve long-standing drainage issues which have typically been the source of numerous complaints or maintenance issues. Additional easements are needed in many cases to construct the required drainage improvements. DISCUSSION: The Owners of the impacted parcels have agreed to donate public drainage easements to Roanoke County for construction and maintenance of storm drainage improvements. The new easements will be public drainage easements to allow for construction and maintenance of the proposed improvements. Attached at the end of this briefing is a list of easements slated for acquisition. Page 1 of 2 FISCAL IMPACT: There is no cost to Roanoke County associated with the acquisition and preparation of the deeds or plats associated with the easements, as the deeds and plats have been prepared by Roanoke County staff. Roanoke County will administer the construction and maintenance of the drainage improvements. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling the second reading for May 9, 2023. Page 2 of 2 PREPARED BY: Mary Beth Nash VSB # 38800 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 This instrument is exempt from the imposition of recordation fees and taxes pursuant to § 58.1- 811(A)(3) and § 17.1-266 of the Code of Virginia (1950), as amended. Roanoke County Tax Map No: 077.17-04-05.00-0000 Property Owner: Ronald Stafford Thompson, III, and Teresa Thompson THIS DEED OF EASEMENT is entered into this day of 2023, by and between the RONALD STAFFORD THOMPSON, III and TERESA THOMPSON, Grantors, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH That for and in consideration of the sum of One Dollar ($1), paid in hand at and with the execution and delivery of this Deed, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, Grantors do hereby GRANT and CONVEY unto the Grantee, its successors and assigns, the following described real estate for drainage purposes: A new variable -width drainage easement consisting of approximately 292 square feet, to construct, install, improve, operate, inspect, use, maintain, and repair or replace a drainage easement, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Ronald Stafford Thompson, III and Teresa Thompson, Grantors, shown and designated as "New Drainage Easement 292 SF +/" upon the Plat entitled "PLAT OF DRAINAGE EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and RONALD STAFFORD THOMPSON, III and TERESA THOMPSON, 4621 VEST DRIVE, CAVE SPRING MAG. DISTRICT, ROANOKE VA TAX PARCEL 077.17-04-05.00-0000" prepared by Nickie Mills, Professional Land Surveyor, Depailiuent of Development Services, dated 2023, said parcel being designated on the Roanoke County Land Records as Tax Map # 077.17-04-05.00-0000. The location of said easement is Page 1of5 more particularly described on the plat attached hereto as "Exhibit A" and by reference incorporated herein. The drainage easement being for the installation and maintenance of a drainage system, and to allow for necessary grading and storage during any phase of construction, reconstruction, repair or replacements of the improvements to the drainage system, the location of which is set forth on the plat. The Grantee agrees to restore and repair any actual damage to Grantors' property that may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantors agree that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantors will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents have the right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that in any way endanger or interfere with the proper use of the same. The Grantors covenant that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantors acknowledge that the plans for the aforesaid project as they affect Grantors' property have been fully explained to Grantors. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the easement by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. Page 2of5 The Grantors covenant and agree for themselves, and for their successors and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement area. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. Richard L. Caywood, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by the Board of Supervisors of the interest in the real estate conveyed herein pursuant to Action No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 2023. WITNESS the following signatures and seals: [remainder of page intentionally blank] Page 3of5 RONALD STAFFORD THOMPSON, III Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Ronald Stafford Thompson, III, Grantor. Notary Public My commission expires: TERESA THOMPSON Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Teresa Thompson, Grantor. My commission expires: Notary Public Page4of5 BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Richard L. Caywood, County Administrator Commonwealth of Virginia County of Roanoke, to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Approved as to form: County Attorney Page 5 of 5 NOTES: THIS MAP REFLECTS A PLAT FROM RECORDS. A BOUNDARY SURVEY OF THE PARCEL AFFECTED WAS NOT PERFORMED. BEARINGS AND DISTANCES ARE PER PLAT, OR EXTENDED TO INTERSECT PLAT LINES. THIS MAP WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT, AND MAY NOT REFLECT ALL ENCUMBRANCES. THE EASEMENT SHOWN HEREON IS NOT IN A SPECIAL FLOOD HAZARD AREA, PER FIRM PANEL 51161 CO232G, LAST REVISED 9-28-07. 0' TAX # 087.05-05-01.00-0000 THOMAS E. WILSON REV. TRUST & MARGARET W. WILSON REV. TRUST INST. 200419839 N 86°45'21" E 11.18' TAX # 077.17-04-06.00-0000 TRINA I. SIMPSON WB 201300213 L _ �38'S- _ S 58__L_ ___--- 8 4' _ — --r 9,92' B 29.54 48.9 ,I N 57°53'00" E ATO B TAX # o000 w 077.17-04-05.00- o RONALD STAFFORD THOMPSON g 111 & TERESA THOMPSON D 20181 2166r-- N 58°39'04" E 133.63 TAX # 077.17-04-04.00-0000 PAUL SAM WHITAKER & AMY T. WHITAKER DB 0016411441 50' 100' 150' SCALE: 1 "=50' i EX. DRAI GE EASEMENT NEW DR , INAGE EASEMENT 292 SF +1 EASEME T STOPS AT FACE OF RESIDENCE COLONIAL AVE. 300 +/- FT PLAT of DRAINAGE EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and RONALD STAFFORD THOMPSON III & TERESA THOMPSON PREPARED BY: Mary Beth Nash VSB # 38800 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 This instrument is exempt from the imposition of recordation fees and taxes pursuant to § 58.1- 811(A)(3) and § 17.1-266 of the Code of Virginia (1950), as amended. Roanoke County Tax Map No: 087.05-05-01.00-0000 Property Owner: Thomas E. Wilson Revocable Trust and Margaret W. Wilson Revocable Trust THIS DEED OF EASEMENT is entered into this day of 2023, by and between the THOMAS E. WILSON REVOCABLE TRUST and MARGARET W. WILSON REVOCABLE TRUST, Grantors, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH That for and in consideration of the sum of One Dollar ($1), paid in hand at and with the execution and delivery of this Deed, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, Grantors do hereby GRANT and CONVEY unto the Grantee, its successors and assigns, the following described real estate for drainage purposes: A new variable -width drainage easement consisting of approximately 2571 square feet, to construct, install, improve, operate, inspect, use, maintain, and repair or replace a drainage easement, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Thomas E. Wilson Revocable Trust and Margaret W. Wilson Revocable Trust, Grantors, shown and designated as "New Drainage Easement 2571 SF +/" upon the Plat entitled "PLAT OF DRAINAGE EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and THOMAS E. WILSON REVOCABLE TRUST and MARGARET W. WILSON REVOCABLE TRUST, 4623 COLONIAL AVENUE, CAVE SPRING MAG. DISTRICT, ROANOKE VA TAX PARCEL 087.05-05-01.00-0000" prepared by Nickie Mills, Professional Land Surveyor, Depaittnent of Development Services, dated February 6, 2023, said parcel being designated on the Roanoke County Land Records as Tax Map # 087.05-05-01.00-0000. The location of said easement is forth on the plat. The Grantee agrees to restore and repair any actual damage to Grantors' property that may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantors agree that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantors will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents have the right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that in any way endanger or interfere with the proper use of the same. The Grantors covenant that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. In the event Grantors apply for and are granted a re- zoning of the subject property by Grantee, Grantor shall be permitted to plant shrubs in the easement if such are required as a condition of re -zoning. The Grantors acknowledge that the plans for the aforesaid project as they affect Grantors' property have been fully explained to Grantors. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the easement by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantors covenant and agree for themselves, and for their successors and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement area. The grant and provision of this Deed of Easement shall constitute a covenant running by the Board of Supervisors of Roanoke County, Virginia, on the day of , 2023. WITNESS the following signatures and seals: [remainder of page intentionally blank] THOMAS E. WILSON REVOCABLE TRUST Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by , Trustee for the Thomas E. Wilson Revocable Trust, Grantor. My commission expires: Notary Public MARGARET W. WILSON REVOCABLE TRUST Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by , Trustee for the Margaret W. Wilson Revocable Trust, Grantor. My commission expires: Notary Public BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA The foregoing instrument was acknowledged before me this day of 2023, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Approved as to form: County Attorney NOTES: THIS MAP REFLECTSA PLAT FROM RECORDS. A BOUNDARY SURVEY OF THE PARCEL AFFECTED WAS NOT PERFORMED. BEARINGS AND DISTANCES ARE PER PLAT, OR EXTENDED TO INTERSECT PLAT LINES. 08705- TAX09.00-0000 'S 73o , . THIS MAP WAS 0 MEREDITH J. POOLE (r) DB 1307, PG 531 0 o b l Co _W PREPARED WITHOUT THE BENEFIT OFATITLE REPORT, AND MAY NOT REFLECT ALL ENCUMBRANCES. THE EASEMENT SHOWN HEREON IS NOT IN A SPECIAL FLOOD HAZARD AREA, PER FIRM PANEL 51161CO232G, LAST REVISED 9-28-07. 0' TAX # EX. DRAINAGE & 077.17-04-21.00-0000 SEWER EASEMENT JOSEPH D. & SUSAN S. THURSTON DB 241 PG 27 S_S TAX # 087.05-05-08.00-0000 ROBERT W. FERGUSON & LARRY ROBERT BLY INST. 201601305 50' TAX # 087.05-05-02.00-0000 BETTY LOU ALLEN SMITH DB 200808548 100' 5.60 pm 150' SCALE: 1 "=50' S3 TAX # 077.17-04-07.00-0000 SUSAN HINCHEE WB 201100160 N73=00"E \ -. . 151.62 '00„ w -- T � � g8 w N 86° r6, NEW DRAINAGE EASEMENT 2571 SF +/- 864,1 506„ TAX # 087.05-05-01.00-0000 THOMAS E. WILSON REV. TRUST & MARGARET W. WILSOIi1 REV. TRUST INST. 200419839 1.1312+/_ACMESTOTgL 3706 SF BLD 2788 SF PAVED 0.15 AC, IMpERV TOTAL 13% IMPER _N . W(xi ol 0 Z O/ ct oo r" /Q �° c, O� r / ° 5.731 1 ; S63°18'44"W N7121`38"E ot� l0 0 S62°52'44"W 101.00' 53.86' COLONIAL AVE. VAR. WIDTH PUBLIC RZW PLAT of DRAINAGE EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and THOMAS E. WILSON REVOCABLE TRUST & PENN FOREST BLVD 75 FT PREPARED BY: Mary Beth Nash VSB # 38800 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 This instrument is exempt from the imposition of recordation fees and taxes pursuant to § 58.1- 811(A)(3) and § 17.1-266 of the Code of Virginia (1950), as amended. Roanoke County Tax Map No: 087.05-05-09.00-0000 Property Owner: Meredith J. Poole THIS DEED OF EASEMENT is entered into this day of 2023, by and between MEREDITH J. POOLE, Grantor, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH That for and in consideration of the sum of One Dollar ($1), paid in hand at and with the execution and delivery of this Deed, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, Grantor does hereby GRANT and CONVEY unto the Grantee, its successors and assigns, the following described real estate for drainage purposes: A new 10' wide drainage easement consisting of approximately 2093 square feet, to construct, install, improve, operate, inspect, use, maintain, and repair or replace a drainage easement, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to Meredith J. Poole, Grantor, shown and designated as "New 10' Drainage Easement" upon the Plat entitled "PLAT OF DRAINAGE EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and MEREDITH J. POOLE 4705 COLONIAL AVENUE, CAVE SPRING MAG. DISTRICT, ROANOKE VA TAX PARCEL 087.05-05-09.00-0000" prepared by Nickie Mills, Professional Land Surveyor, Department of Development Services, dated 2023, said parcel being designated on the Roanoke County Land Records as Tax Map # 087.05-05-09.00-0000. The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by reference incorporated herein. Page 1 of 4 The drainage easement being for the installation and maintenance of a drainage system, and to allow for necessary grading and storage during any phase of construction, reconstruction, repair or replacements of the improvements to the drainage system, the location of which is set forth on the plat. The Grantee agrees to restore and repair any actual damage to Grantor's property that may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents have the right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect Grantor's property have been fully explained to Grantor. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the easement by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for themselves, and for their successors and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all Page 2 of 4 claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement area. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. Richard L. Caywood, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by the Board of Supervisors of the interest in the real estate conveyed herein pursuant to Action No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 2023. WITNESS the following signatures and seals: [remainder of page intentionally blank] Page 3 of 4 MEREDITH J. POOLE Commonwealth of Virginia County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Meredith J. Poole, Grantor. My commission expires: Notary Public BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Richard L. Caywood, County Administrator Commonwealth of Virginia County of Roanoke, to -wit: The foregoing instrument was acknowledged before me this day of 2023, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Approved as to form: County Attorney Page 4 of 4 NOTES: THIS MAP REFLECTS A PLAT FROM RECORDS. A BOUNDARY SURVEY OF THE PARCEL AFFECTED WAS NOT PERFORMED. BEARINGS AND DISTANCES ARE PER PLAT, OR EXTENDED TO INTERSECT PLAT LINES. THIS MAP WAS PREPARED WITHOUT THE BENEFIT OFATITLE REPORT, AND MAY NOT REFLECT ALL ENCUMBRANCES. THE EASEMENT SHOWN HEREON IS NOT IN A SPECIAL FLOOD HAZARD AREA, PER FIRM PANEL 51161CO232G, LAST REVISED 9-28-07. TAX # 077.17-04-07.00-0000 SUSAN HINCHEE WB 201100160 TAX # / 077.17-04-21.00-0000 JOSEPH D. & SUSAN S. THURSTON / o , DB 1241, PG 27 / o / TAX # / h / 087.05-05-09.00-0000 EX. DRAINAGE / / / / 90.00' EASEMENT /. / / NEW 10' DRAINAGE / EASEMENT 2093 SF +/- / MEREDITH J. POOLE / DB 1307, PG 531 yv_ c.); ^M / 0' TAX # 087.05-05-01.00-0000 THOMAS E. WILSON REV. TRUST & MARGARET W. WILSON REV. TRUST INST. 200419839 50' TAX # 087.05-05-08.00-0000 ROBERT W. FERGUSON & LARRY ROBERT BLY INST. 201601305 100' 150' SCALE: 1 "=50' PLAT of DRAINAGE EASEMENT for COUNTY OF ROANOKE BOARD OF SUPERVISORS and MEREDITH J. POOLE Salem Proposed Public Drainage basements District: Cave S s ring 244,4, Vinton VITA r'HERE, Garmiggi JSGS, NPS,fiRoa in ke` County, Virrginia 2019 2093 SF +/- 59. os, 2571 SF +/- J Date: 4/13/2o23 5 2925 SF +/- Ig,---4 4' 39.92' 0 75 Exis 1 *The said owner hereby dedicates for public use the COLONIAL AVE,; AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25, 2023 ORDINANCE AUTHORIZING THE APPROVAL OF NEW VARIABLE WIDTH DRAINAGE EASEMENTS TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, ON PROPERTIES ON COLONIAL AVENUE AND VEST DRIVE FOR THE PURPOSE OF DRAINAGE IMPROVEMENTS IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, it appears that improvements to a drainage system located on three adjacent properties on Colonial Avenue and Vest Drive in the Cave Spring Magisterial District, are needed; and WHEREAS, the names of the property owners for the individual properties at issue (collectively, "Property Owners") and the corresponding tax map numbers across which the variable width drainage easements will lie are set forth on this chart: Address Tax Map No. Owner 4705 Colonial Avenue 087.05-05-09.00-0000 Meredith J. Poole 4623 Colonial Avenue 087.05-05-01.00-0000 Thomas E. Wilson Revocable Trust & Margaret E. Wilson Revocable Trust 4621 Vest Drive 077.17-04-05.00-0000 Ronald Stafford Thompson III & Teresa Thompson WHEREAS, in order to assist the Property Owners in making such drainage system improvements, the County has requested that the Property Owners grant new variable width drainage easements to the County; and WHEREAS, the Property Owners have agreed to convey the new variable width drainage easements to the County; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the Page 1 of 2 first reading of this ordinance was held on April 25, 2023, and the second reading and public hearing was held on May 9, 2023. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conveyance of these new variable width drainage easements by the Property Owners to the Roanoke County Board of Supervisors, in the Cave Spring Magisterial District, is hereby authorized and approved. 2. That the County Administrator, Deputy County Administrator, or Assistant County Administrator is authorized to execute, deliver and record the deeds, and any other documents on behalf of the County, and to take all such further action as any of them may deem necessary or desirable in connection with this project. The form of the deed is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective from and after the date of its adoption. Page 2of2 ACTION NO. ITEM NO. F.7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: Ordinance authorizing the acquisition of one-half (1/2) interest in three (3) parcels of real property containing approximately 42 acres adjacent to Explore Park, located in Roanoke County and in Bedford County, and authorizing execution of an amended purchase agreement, deeds of conveyance and other documents necessary to accomplish the acquisition of this real estate SUBMITTED BY: Lindsay B. Webb Parks Planning and Development Manager APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance authorizing the acquisition of one-half (1/2) interest in three parcels of real property containing approximately 42.94 acres adjacent to Explore Park, located in Roanoke County and in Bedford County; and authorizing execution of an amended purchase agreement, a deed of conveyance, and other documents necessary to accomplish the acquisition of this real estate BACKGROUND: Roanoke County has operated Explore Park since 2013 under a 99-year lease from the Virginia Recreational Facilities Authority (VRFA), a political subdivision of the Commonwealth that owns over 1,100 acres along the Roanoke River in Bedford and Roanoke Counties. Following an extensive public involvement process, Roanoke County developed the 2016 Explore Park Adventure Plan that proposed a new vision for Explore Park as an outdoor adventure recreation destination. The Adventure Plan also proposed preserving much of Explore Park in its natural state to allow for passive recreation, open space, and forest conservation. There are three parcels totaling 42.94 acres that are located north of the Roanoke River Page 1 of 3 within the boundaries of Explore Park. The parcels are located in Bedford and Roanoke Counties identified as Tax Parcel Numbers 080.00-05-17.00-0000, 172 A 42, and 172 A 14A, as shown on the attached map and plat. These parcels are co -owned by the VRFA and Betty W. Mayes, who each own a one-half interest (50%). Ms. Mayes approached Roanoke County expressing her willingness to sell her one half -interest in the three parcels. Roanoke County submitted a grant application in 2018 to the Virginia Outdoors Foundation (VOF) Forest CORE Program for acquisition of Ms. Mayes' interest that was awarded. The Roanoke County Board of Supervisors approved Ordinance 121520-6 in 2020 accepting and appropriating $165,450 from the VOF, and a grant agreement was executed between Roanoke County and the VOF for acquisition of Ms. Mayes interest in the parcels. The Board of Supervisors approved Ordinance No. 081021-5 in 2021 authorizing staff to execute a Purchase Agreement with Ms. Mayes in the amount of $58,600, as well as a deed of conveyance and other documents necessary to accomplish this real estate transaction. The purchase price was based on 2021 real estate assessments, plus $10,000. The Purchase Agreement was executed between Ms. Mayes and Roanoke County on August 17, 2021. DISCUSSION: Throughout the administration of the VOF grant, the deeds, boundary survey, preliminary plat, title report, appraisal, and Phase 1 Environmental Assessment have been completed. The appraisal report was completed on December 28, 2022 in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP). Based upon that report, the estimated fee simple market value of the three properties identified as Tax Parcel Numbers 080.00-05-17.00-0000, 172 A 42, and 172 A 14A is $165,000; therefore, the estimated value of Ms. Mayes' one-half interest in the three parcels is $82,500. Staff are requesting approval of an ordinance authorizing staff to increase the compensation amount due to Ms. Mayes from $58,600 to $82,500. Roanoke County proposes to manage these three parcels as part of Explore Park, remaining forested and largely undeveloped, except for trails and similar facilities for outdoor recreation, as outlined in the Explore Park Adventure Plan. Planned restoration management activities will follow the guidance of a forest management plan, written with forest health as the management objective. County staff have met with the VRFA Board of Directors who are supportive of Roanoke County owning a one-half interest in the parcels and recording an open space easement with forest management restrictions on the parcels. There have been no changes since the first reading of the ordinance on April 11, 2023. Page 2 of 3 FISCAL IMPACT: The VOF Forest CORE Program provides one -hundred percent (100%) of the costs associated with the land acquisition, including the appraisals, survey, environmental assessments, title reports, and closing costs. There is no local match required. Funding for the purchase and incidental costs of the acquisition is available in the County's grant fund, which was created pursuant to Ordinance 121520-6 whereby the Board accepted and appropriated $165,450 from the VOF for the purchase of the land. Per the grant agreement executed in 2021 and amended in 2022, the VOF grant funds distributed shall not exceed the approved appraised value of the three properties acquired plus eligible costs incurred, and shall not exceed the total grant amount of $165,450. The grant funds may be released in stages as each of the parcels are acquired and subsequent required enhancement activities occur. Roanoke County staff will request reimbursement for eligible grant expenses after the one-half interest is acquired from Ms. Mayes. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. Page 3 of 3 MayesNRFA (Tax Map No. 172-A-14A, 8.1053 acres) ▪ MayesNRFA (Tax Map No. 172-A-42, 11.7267 acres) Q MayesNRFA (Tax Map No. 080.00-05-17.00-0000, 23.1109 acres) ▪ Explore Park I= National Park Service Jurisdictional Boundary t Railroad Tracks 800 1,600 Feet 3,200 Proposed Property Acquisition from Betty W. Mayes A ROANOKE COUNTY VA Virginia Outdoors Foundation Forest CORE Grant Fund PARKS, RE TOURISM March 30, 2023 21308a102-sheet 1.plt TITLE REPORT CASE No. LRR 21-039 DEEDED EASEMENT: NONE TITLE REPORT CASE No. LRR 21-039 ITEMS SHOWN ON OTHER PLATS OF RECORD: 1. PLAT OF BASE ACREAGE RECORDED IN BEDFORD COUNTY DEED BOOK 111, PAGE 450. DOES NOT AFFECT THE THESE TRACTS WERE TAKEN OUT LOT No. 1 AS SHOWN ON SAID PLAT. LEGAL DESCRIPTION: THE FOLLOWING PARCEL DESIGNATED ROANOKE COUNTY, VIRGINIA TAX # 080.00-05-17.00-0000, THE PROPERTY OF VIRGINIA RE HALF INTEREST) AS ACQUIRED IN DEED BOOK 705, PAGE 310, PARCEL 11 OF 7HE CLERK'S OFFICE OF THE CIRCUIT COURT OF BED BOOK 1294, PAGE 313, PARCEL I1 OF THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ROANOKE COUNTY, VIRGINIA AND THE PRO! INTEREST) AS ACQUIRED IN WILL INSTRUMENT # 180000218 OF SAID BEDFORD COUNTY CLERK'S OFFICE BEING LOCATED WEST OF LANE, A 50' NON—EXCLUSIVE INGRESS/EGRESS RIGHT—OF—WAY EASEMENT NEAR THE BEDFORD AND ROANOKE COUNTY LINE, EAS' FEET NORTH OF WHERE THE EASTERLY RIGHT—OF—WAY LINE OF THE NORFOLK SOUTHERN RAILWAY LINE CROSSES FROM ROANOKE DESCRIBED AS FOLLOWS PORTION EASTERLY OF NORFOLK SOUTHERN RAILWAY RIGHT-OF-WAY: COMMENCING AT A POINT ON THE ROANOKE AND BEDFORD COUNTY LINE AT THE COMMON PROPERTY CORNER OF 771E HEREIN DE # 172 A 48 AND BEDFORD COUNTY TAX f 172 A 14A FOR THE POINT OF BEGINNING. BEDFORD COUNTY TAX # 172 A 48 BEING THE PROPERTY OF VIRGINIA RECREA71ONAL FAC/U71ES AUTHORITY AS ACQUIRED IN DEE COUNTY CLERK'S OFF10E AND TAX # 172 A 14A BEING 7HE PROPERTY OF VIRGINIA RECREA71ONAL FAC/U71ES AUTHORITY (A HALF 705, PAGE 310, PARCEL 11 OF 7HE CLERK'S OFF10E OF 7HE CIRCUIT COURT OF BEDFORD COUNTY, VIRGINIA AND IN DEED BOOK 1: OFF10E OF 7HE CIRCUIT COURT OF ROANOKE COUNTY, VIRGINIA AND 7HE PROPERTY OF BETTY W. MAYES (A HALF INTEREST) AS 180000218 OF SAID BEDFORD COUNTY CLERK'S OFFICE; THENCE LEAVING TAX 1172 A 14A AND WITH 7HE HEREIN DESCRIBED PR A 48, N 87' 27' 521 E, PASSING 7HE COMMON CORNER OF NORFOLK SOUTHERN RAILWAY AND TAX # 172 A 48 AT A DISTANCE 197.82 FEET TO A SET IRON PIN ON 7HE EASTERLY RIGHT—OF—WAY LINE OF 7HE NORFOLK SOUTHERN RAILWAY LINE AND LYING 7HE RAILROAD TRACK ACCORDING TO 7HE VIRGINIA RAILWAY COMPANY RIGHT—OF—WAY TRACK MAP V2-62; THENCE WITH 7HE EA NORFOLK SOUTHERN RAILWAY FOR 7HE FOLLOWING FOUR (4) COURSES N 14' 56' 25" W, A DISTANCE OF 740.07 FEET TO THE F LYING 100' EAST FROM 7HE CENTERLINE OF 7HE RAILROAD TRACK ACCORDING TO THE VIRGINIA RAILWAY COMPANY RIGHT —OF —WA FEET ALONG A SPIRAL CURVE TO 7HE RIGHT AND PARALLEL TO 7HE CENTERLINE SPIRAL WHICH HAS A DELTA ANGLE OF 2' 30' d 06' 59" W, A DISTANCE OF 195.62 FEET TO 7HE POINT OF SPIRAL CURVE AT STATION 639+04.6 LYING 100' EAST OF 7HE CENTS ACCORDING TO 7HE AFORESAID TRACK MAP V2-62; THENCE 295.84 FEET ALONG 7HE ARC OF A CIRCULAR CURVE TO 7HE RIGHT TANGENT OF 148.14 FEET, A DELTA ANGLE OF 7 44' 00" AND A CHORD OF N 08' 34' 25" W, A DISTANCE OF 295.61 FEET TO 71 642+13.9 LYING 100' EAST FROM 7HE CENTERLINE OF 7HE RAILROAD TRACK ACCORDING TO 7HE VIRGINIA RAILWAY COMPANY RIG 70.43 FEET ALONG A SPIRAL CURVE TO 7HE RIGHT AND PARALLEL TO 7HE CENTERLINE SPIRAL WHICH HAS A DELTA ANGLE OF 2 N 03' 54' 12" W, A DISTANCE OF 70.43 FEET TO A SET IRON PIN AT 7HE SOUTHWESTERLY PROPERTY CORNER OF ROANOKE COL PROPERTY OF MG/NIA RECREATIONAL FAC/LI71ES AUTHORITY AS ACQUIRED IN DEED BOOK 1289, PAGE 1481 OF 7HE SAID ROANOI LEAVING 7HE EASTERLY RIGHT—OF—WAY LINE OF SAID NORFOLK SOUTHERN RAILWAY AND WITH SAID ROANOKE COUNTY TAX # 07 TWO (2) COURSES S 70' 45' 00" E, A DISTANCE OF 303.41 FEET TO A SET IRON PIN; THENCE N 19' 15' 00" E, A DISTANCE OF ROANOKE AND BEDFORD COUNTY LINE; THENCE LEAVING ROANOKE COUNTY TAX 1071.00-01-13.00-0000 AND W17H 7HE ROANO FOLLOWING TWD (2) COURSES: S 16' 19' 12" W, A DISTANCE OF 781.50 FEET TO A POINT THENCE S 13' 57' 28" W, A DISTANCE BEGINNING AND CONTAINING 829,757 SQUARE FEET, 19.0486 ACRES MORE OR LESS AND LYING EAST OF 7HE NORFOLK SOUTHER! PORTION WESTERLY OF NORFOLK SOUTHERN RAILWAY RIGHT-OF-WAY 7HE FOLLOWING IS A DESCRIP71ON OF ROANOKE COUNTY TAX # 080.00-05-17.00-0000 LYING WEST OF 7HE NORFOLK SOUTHERN COMMENCING AT A SET IRON PIN ON 7HE WESTERLY RIGHT—OF—WAY LINE OF 7HE AFORESAID NORFOLK SOUTHERN RAILWAY, N 8; WEST OF 7HE ROANOKE AND BEDFORD COUNTY LINE FOR 7HE POINT OF BEGINNING; THENCE WITH 7HE WESTERLY RIGHT—OF—WAY OF SAID RAILWAY N87' 27' 52" W, A DISTANCE OF 26.21 FEET TO A POINT ON AFO 48, IN ALL 245.15 FEET TO A SET IRON PIN ON 7HE EASTERLY BANK OF 7HE ROANOKE RIVER; THENCE LEAVING BEDFORD COUN ROANOKE RIVER FOR 7HE FOLLOWING EIGHT (8) COURSES: N 28' 13' 58" W A DISTANCE OF 112.32; THENCE N 00' 26' 38" E A PIN; THENCE N 08' 10' 14" E A DISTANCE OF 192.45 FEET TO A SET IRON PIN; THENCE N 03' 29' 27" W A DISTANCE OF 129.0 56' 37" W A DISTANCE OF 197.46 FEET TO A SET IRON PIN; THENCE N 04' 53' 59" W A DISTANCE OF 169.26 FEET TO A SET I! DISTANCE OF 171.67 FEET TO A SET IRON PIN; THENCE N 00' 06' 07" E A DISTANCE OF 157.25 FEET TO A SET IRON PIN ON 71 ROANOKE COUNTY TAX 1071.00-01-13.00-0000; THENCE LEAVING 7HE BANK OF 7HE ROANOKE RIVER AND WITH 7HE SOUTHER TAX # 071.00-01-13.00-0000, S 70' 45' 00" E A DISTANCE OF 53.18 FEET TO A SET IRON PIN ON 7HE WESTERLY RIGHT—OF—N SOUTHERN RAILWAY,• THENCE LEAVING ROANOKE COUNTY TAX 1071.00-01-13.00-0000 AND WITH 7HE WESTERLY RIGHT —OF —WA' SOUTHERN RAILWAY FOR 7HE FOLLOWING FOUR (4) COURSES: THENCE 147.11 FEET ALONG A SPIRAL CURVE TO 7HE LEFT 75.00' CENTERLINE SPIRAL WHICH HAS A DELTA ANGLE OF 2' 30' AND A SPIRAL LENGTH OF 200 FEET, S 03' 20' 34" E, A DISTANCE 0 21308a102-sheet 2.plt ABBREVIATIONS AC. ACRES CO. COUNTY D.B. DEED BOOK EX. EXISTING IP IRON PIN P.B. PLAT BOOK PG. PAGE P.S. POINT OF SPIRAL P.S.C. POINT OF SPIRAL CURVE P.C.S. POINT OF CURVE SPIRAL P.S.T. POINT OF SPIRAL TANGENT R/W RIGHT—OF—WAY S.F. SQUARE FEET 1 TAX , 071.00-01-13.00-0000 •1 '1RGINIA RECREA110NAL FACILITIES AUTHORITY D.B. 1289, PG. 1481 (ROANOKE CO.) BOUNDARY LINE TABLE LINE BEARING DISTANCE SPIRAL LENGTH L1 N 2813'58" W 112.32' L2 N 00 26'38" E 21Z95' L3 N 08'10'14" E 192.45' L4 N 0329'27" W 129.09' .. ,.,.._,.,_," ... ..., ..., i • ZONE X a (SHADED) ZONE X (UN -SHAD! 646+40.7 P.S. I EDGE OF • RIVER SET IP' 3,18,: • 188; (ne) SET IP SET IP SET IP 0 00 1 0 SET IP 21308a101-layout1.plt TITLE REPORT CASE No. LRR 21-039 DEEDED EASEMENT: EASEMENT GRANTED TO APPALACHIAN POWER COMPANY, DATED DECEMBER 23, 1969, RECORDED IN DEED BOOK OF EASEMENT IS BLANKET IN NATURE AND EXACT LOCATION IS UN -KNOWN. EASEMENT GRANTED TO COMMONWEALTH OF VIRGINIA, DATED JANUARY 12, 1965, RECORDED IN DEED BOOK 326 A DRAINAGE DITCH ADJACENT TO ROUTE 1635. EASEMENT GRANTED TO COMMONWEALTH OF VIRGINIA, DATED JANUARY 20, 1965, RECORDED IN DEED BOOK 326 A DRAINAGE DITCH ADJACENT TO ROUTE #635 TITLE REPORT CASE No. LRR 21-039 ITEMS SHOWN ON OTHER PLATS OF RECORD: 1. PLAT OF BASE ACREAGE RECORDED IN PLAT BOOK 10, PAGE 9. DOES NOT AFFECT THE SUBJECT PROPERTY. 2. PLAT OF THE SUBJECT PROPERTY RECORDED IN PLAT BOOK 12, PAGE 66: TITLE TO THAT PORTION OF THE LYING WITHIN THE BOUNDARIES OF THE TURNAROUND OF THE "50' ROAD". DOES NOT AFFECT THE SUBJECT TITLE REPORT CASE No. LRR 21-039 OTHER MATTERS: EASEMENT CONVEYED TO COMMONWEALTH OF VIRGINIA, DATED JANUARY 11, 1965, RECORDED IN DEED BOOK 32 GRANTING RIGHT-OF-WAY ALONG ROUTE #635. EASEMENT CONVEYED TO COMMONWEALTH OF VIRGINIA, DATED JANUARY 20, 1965, RECORDED IN DEED BOOK 32 GRANTING RIGHT-OF-WAY ALONG ROUTE #635. TAX 11)7100-01-13 00-0000 3Tf SET IP VIRGINIA RECREATIONAL ! \ o FACILITIES AUTHORITY D.B. 1289, PG 1481 (ROANOKE CO.) 1 i CP I 1 N 86'46'39" E \ EX. IP \\\\\\\ \ 0o / 845.26'1 1 EX. IP 0" TAX #172 A 14 VIRGINIA RECREATIONAL FACILITIES AUTHORITY D.B. 696, PG. 614 (BEDFORD CO.) ABB: AC. CO. D.B. EX. IP P.B. PG. R/W S.F. TAX #172 A 15 VIRGINIA RECREATIONAL FACILITIES AUTHORITY D.B. 696, PG. 614 (BEDFORD CO.) 748.53' EX. IP N 8019'; 198.E TAX #172 A 42 VIRGINIA RECREATIONAL FACILITIES, AUTHORITY D.B. 705, PG. 310 (PARCEL 11) (BEDFORD D.B. 1294, PG. 313 (PARCEL 11) (ROANOKE & BETTY W. MAYFS WILL INSTRUMENT #180000218 (BEDFORD 11.7267 AC. %, 510,814 S.F. 686.03' 846.03, EX. IP 159.95' TAV 1147,E A / 7 • SUMMARY OF SALIENT FACTS AND CONCLUSIONS LOCATION: PROPERTY RIGHTS APPRAISED: EFFECTIVE DATE OF APPRAISAL: DATE OF THE OBSERVATION: DATE OF THE REPORT: TAX MAP NUMBERS: OWNER OF RECORD: LAND AREA/SHAPE/FRONTAGE: ZONING: PRESENT USE: HIGHEST AND BEST USE — AS IF VACANT: VALUE INDICATIONS — LAND VALUE BY SALES COMPARISON APPROACH: FINAL ESTIMATE OF MARKET VALUE: West of Breezewood Lane (private) and East of the Roanoke River and Adjoining Explore Park Roanoke and Bedford Counties, Virginia 24179 Fee simple estate November 17, 2022 November 17, 2022 December 28, 2022 080.00-05-17.00-0000, 172 A 42 and 172 A 14A Betty W. Mayes and Virginia Recreational Facilities Authority ±42.9429 acres / irregular / limited frontage along the northern side of Breezewood Lane (private road) EP, Explore Park District Recreational land Recreational use and passive timber growth with future rural acreage homesites $165,000 $165,000 This "Summary of Salient Facts and Conclusions" must remain attached to this report, which contains 42 pages, plus related exhibits, in order for the value opinion to be considered valid. iv Miller, Long & Associates, Inc. SUBJECT PHOTOGRAPHS PHOTOGRAPH OF THE SUBJECT PROPERTY (TAX MAP NUMBER 172 A 42) AT THE END OF BREEZEWOOD LANE TAKEN FACING SOUTH PHOTOGRAPH OF A CREEK ON THE SUBJECT PROPERTY (TAX MAP NUMBER 172 A 42) CLOSE TO THE EASTERN CORNER -- TAKEN FACING NORTHEAST PHOTOGRAPHS OF THE CREEK ON THE SUBJECT PROPERTY (TAX MAP NUMBER 172 A 42) CLOSE TO THE EASTERN CORNER — TAKEN FACING EAST AND WEST RESPECTIVELY PHOTOGRAPHS OF A SOIL ROAD BED ON THE SUBJECT PROPERTY (TAX MAP NUMBER 172 A 42) — TAKEN FACING EAST AND WEST RESPECTIVELY 1 Miller, Long & Associates, Inc. PHOTOGRAPHS OF SURVEY TAPE MARKING A CORNER OF THE SUBJECT PROPERTY (TAX MAP NUMBER 172 A 14A) AND VIEWS FROM THE SUBJECT -- TAKEN FACING WEST PHOTOGRAPHS OF SURVEY TAPE MARKING ANOTHER CORNER OF THE SUBJECT PROPERTY (TAX MAP NUMBER 172 A 14A) AND VIEWS FROM THE SUBJECT — TAKEN FACING EAST PHOTOGRAPHS OF THE TOP OF THE RIDGE ON THE SUBJECT (TAX MAP NUMBER 172 A 42) AND THE STEEP SLOPE DOWN TOWARDS THE ROANOKE RIVER (TAX MAP NUMBER 172 A 14A) — TAKEN FACING WEST AND SOUTHWEST RESPECTIVELY 2 Miller, Long & Associates, Inc. PHOTOGRAPHS OF THE SLOPING TOPOGRAPHY OF THE SUBJECT PROPERTY (TAX MAP NUMBER 080.00-05- 17.00-0000) — TAKEN FACING SOUTH AND NORTH RESPECTIVELY PHOTOGRAPHS OF THE SUBJECT PROPERTY (TAX MAP NUMBER 080.00-05-17.00-0000) — TAKEN FROM ACROSS THE ROANOKE RIVER AND FACING NORTHEAST AND SOUTHEAST RESPECTIVELY PHOTOGRAPHS OF THE SUBJECT PROPERTY (TAX MAP NUMBER 080.00-05-17.00-0000) — TAKEN FROM ACROSS THE ROANOKE RIVER AND FACING NORTHEAST AND SOUTHEAST RESPECTIVELY 3 Miller, Long & Associates, Inc. STREET SCENES PHOTOGRAPH OF BREEZEWOOD LANE — TAKEN FACING EAST PHOTOGRAPH OF SHADY RUN LANE (STATE ROUTE 635) — TAKEN FACING NORTHWEST 4 Miller, Long & Associates, Inc. PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney VSB # 88094 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 Consideration: Assessed Value: Title Insurance: Fidelity National Title Insurance Company Roanoke County Tax Map Number: 080.00-05-17.00-0000 This instrument is exempt from the imposition of recordation taxes (other than those recordation taxes imposed by § 58.1-802) pursuant to § 58.1-811(A)(3) of the Code of Virginia (1950), as amended. THIS DEED is made and entered into this day of , 2023, by and between BETTY W. MAYES party of the first part (the "Grantor"), and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA a political subdivision of the Commonwealth of Virginia, party of the second part (the "Grantee"). WITNESSETH: WHEREAS, Grantor has the authority to execute this deed of conveyance; and WHEREAS, Grantor is the owner of one-half (1/2) interest in the parcel of real estate that is the subject of this Deed (the "Property"); and WHEREAS, the remaining one-half (1/2) interest in the Property is owned by the Virginia Recreational Facilities Authority, a political subdivision of the Commonwealth of Virginia; and WHEREAS, Grantor desires to sell Grantor's one-half (1/2) interest in the Property to Grantee, and Grantee desires to purchase the Grantor's interest in the Property; and WHEREAS, the Grantee has received a grant from the Virginia Outdoors Foundation ("VOF") Forest CORE Fund, and VOF and Grantee entered into a Grant Agreement in which 1 Grantee agreed to manage the property for outdoor recreation and to designate the properties as open -space land in exchange for VOF's agreement to provide such grant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) in hand paid to Grantor, at and before the signing, sealing, and delivery of this deed and other good and valuable consideration, receipt whereof is hereby acknowledged by Grantor, Grantor does hereby grant, bargain, sell, and convey in fee simple with General Warranty and English Covenants of Title unto Grantee all of her one-half interest as a tenant in common in the following described real property located in the Vinton Magisterial District, Roanoke County, Virginia, to -wit: All that certain tract or parcel of land lying, being, and situate in the Vinton Magisterial District, Roanoke County, Virginia, bearing Roanoke County Tax Map No. 080.00-05- 17.00-0000 and containing 23.1109 acres (19.0486 acres east of the Norfolk Southern Railway track and 4.0623 acres west of the Norfolk Southern Railway track) as shown on that plat entitled "PLAT SHOWING ALTA/NSPS LAND TITLE SURVEY OF 31.2126 AC. 1,359,780 S.F. BEING TAX #172 A 14A 8.1053 ACRES (353,068 S.F.) AND TAX #080.00-05-17.00-0000 23.1109 ACRES (1,006,712 S.F.) PROPERTY OF VIRGINIA RECREATIONAL FACILITIES AUTHORITY D.B. 705, PG. 310 (PARCEL II) (BEDFORD COUNTY) D.B. 1294, PG. 313 (PARCEL II) (ROANOKE COUNTY) AND BETTY W. MAYES WILL INSTRUMENT #180000218 (BEDFORD COUNTY) WILL INSTRUMENT #202100621 (ROANOKE COUNTY) SITUATED NEAR THE TERMINUS OF BREEZEWOOD LANE BLUE RIDGE MAGISTERIAL DISTRICT BEDFORD COUNTY, VIRGINIA VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA" dated November 22, 2022 which is attached hereto and is to be recorded herewith as Schedule A. It being all that one-half interest as tenant in common in property conveyed to the Grantor herein by Instrument 2 #202100621 recorded in the land records of the Roanoke County Circuit Court Clerk's Office on December 1, 2021. The Property is shown as Tax Map No. 080.00-05-17.00-0000 among the land records of the County of Roanoke, Virginia. Even if the Property may have been acquired previously as separate parcels, it shall be considered one parcel for purposes of this Deed, and the restrictions and covenants of this Deed shall apply to the Property as a whole. Grantee hereby designates and declares that the Property described above is to be used in perpetuity only as open -space land in accordance with the Open -Space Land Act (Va. Code § 10.1-1700 et seq.) Code of Virginia (1950), as amended. This conveyance is made subject to all recorded easements, conditions, reservations, and restrictions now affecting the Property. This Deed is executed by Beverly S. Duvall on behalf of Betty W. Mayes by virtue of the authority granted to Beverly S. Duvall by Betty W. Mayes under a General Power of Attorney dated November 17, 2020. This Deed is executed by the County Administrator, Deputy County Administrator, or Assistant County Administrator of Roanoke County on behalf of the Board of Supervisors of Roanoke County pursuant to Ordinance # adopted by the Board of Supervisors of Roanoke County on the day of , 2023. WITNESS the following signatures and seals: [Signatures and notary acknowledgement on following page] 3 GRANTOR: BETTY W. MAYES, BY BEVERLY S. DUVALL AS AGENT UNDER GENERAL POWER OF ATTORNEY COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: I, , a Notary Public for the Commonwealth of Virginia, hereby certify that BEVERLY S. DUVALL AS AGENT UNDER GENERAL POWER OF ATTORNEY personally appeared before me this day and acknowledged the foregoing instrument. WITNESS my hand and official seal this day of 20 Notary Public My commission expires: [Signatures and notary acknowledgement on following page] 4 GRANTEE: ROANOKE COUNTY BOARD OF SUPERVISORS By: Title: COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: I, , a Notary Public for the Commonwealth of Virginia, hereby certify that personally appeared before me this day and acknowledged the foregoing instrument. WITNESS my hand and official seal this day of 20 Notary Public My commission expires: Approved as to form: County Attorney 5 PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney VSB # 88094 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 Consideration: Assessed Value: Title Insurance: Fidelity National Title Insurance Company Bedford County Tax Map Numbers: 172 A 14A and 172 A 42 This instrument is exempt from the imposition of recordation taxes (other than those recordation taxes imposed by § 58.1-802) pursuant to § 58.1-811(A)(3) of the Code of Virginia (1950), as amended. THIS DEED is made and entered into this day of , 2023, by and between BETTY W. MAYES party of the first part (the "Grantor"), and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA a political subdivision of the Commonwealth of Virginia, party of the second part (the "Grantee"). WITNESSETH: WHEREAS, Grantor has the authority to execute this deed of conveyance; and WHEREAS, Grantor is the owner of one-half (1/2) interest in the parcels of real estate that are the subject of this Deed (the "Property"); and WHEREAS, the remaining one-half (1/2) interest in the Property is owned by the Virginia Recreational Facilities Authority, a political subdivision of the Commonwealth of Virginia; and WHEREAS, Grantor desires to sell Grantor's one-half (1/2) interest in the Property to Grantee, and Grantee desires to purchase the Grantor's interest in the Property; and WHEREAS, the Grantee has received a grant from the Virginia Outdoors Foundation ("VOF") Forest CORE Fund, and VOF and Grantee entered into a Grant Agreement in which 1 Grantee agreed to manage the property for outdoor recreation and to designate the properties as open -space land in exchange for VOF's agreement to provide such grant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) in hand paid to Grantor, at and before the signing, sealing, and delivery of this deed and other good and valuable consideration, receipt whereof is hereby acknowledged by Grantor, Grantor does hereby grant, bargain, sell, and convey in fee simple with General Warranty and English Covenants of Title unto Grantee all of her one-half interest as a tenant in common in the following described real properties located in the Blue Ridge Magisterial District, Bedford County, Virginia, to -wit: BEDFORD COUNTY PARCEL 1: All that certain tract or parcel of land lying, being, and situate in the Blue Ridge Magisterial District, Bedford County, Virginia, bearing Bedford County Tax Map No. 172 A 14A and containing 8.1053 acres as shown on that plat entitled "PLAT SHOWING ALTA/NSPS LAND TITLE SURVEY OF 31.2126 AC. 1,359,780 S.F. BEING TAX #172 A 14A 8.1053 ACRES (353,068 S.F.) AND TAX #080.00-05- 17.00-0000 23.1109 ACRES (1,006,712 S.F.) PROPERTY OF VIRGINIA RECREATIONAL FACILITIES AUTHORITY D.B. 705, PG. 310 (PARCEL II) (BEDFORD COUNTY) D.B. 1294, PG. 313 (PARCEL II) (ROANOKE COUNTY) AND BETTY W. MAYES WILL INSTRUMENT #180000218 (BEDFORD COUNTY) WILL INSTRUMENT #202100621 (ROANOKE COUNTY) SITUATED NEAR THE TERMINUS OF BREEZEWOOD LANE BLUE RIDGE MAGISTERIAL DISTRICT BEDFORD COUNTY, VIRGINIA VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA" dated November 22, 2022 which is attached hereto and is to be recorded herewith as Schedule A. and BEDFORD COUNTY PARCEL 2: All that certain tract or parcel of land lying, being, and situate in the Blue Ridge Magisterial District, Bedford County, Virginia, bearing 2 Bedford County Tax Map No. 172 A 42 and containing 11.7267 acres as shown on that plat entitled "PLAT SHOWING ALTA/NSPS LAND TITLE SURVEY OF 31.2126 AC. 1,359,780 S.F. BEING TAX #172 A 14A 8.1053 ACRES (353,068 S.F.) AND TAX #080.00-05- 17.00-0000 23.1109 ACRES (1,006,712 S.F.) PROPERTY OF VIRGINIA RECREATIONAL FACILITIES AUTHORITY D.B. 705, PG. 310 (PARCEL II) (BEDFORD COUNTY) D.B. 1294, PG. 313 (PARCEL II) (ROANOKE COUNTY) AND BETTY W. MAYES WILL INSTRUMENT #180000218 (BEDFORD COUNTY) WILL INSTRUMENT #202100621 (ROANOKE COUNTY) SITUATED NEAR THE TERMINUS OF BREEZEWOOD LANE BLUE RIDGE MAGISTERIAL DISTRICT BEDFORD COUNTY, VIRGINIA VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA" dated November 22, 2022 which is attached hereto and is to be recorded herewith as Schedule A. It being all that one-half interest as tenant in common in property conveyed to the Grantor herein by Instrument #WF180000218 recorded in the land records of the Bedford County Circuit Court Clerk's Office on May 29, 2018. The Property is shown as Tax Map Nos. 172 A 14A and 172 A 42 among the land records of the County of Bedford, Virginia. Even if the Property may have been acquired previously as separate parcels, it shall be considered one parcel for purposes of this Deed, and the restrictions and covenants of this Deed shall apply to the Property as a whole. Grantee hereby designates and declares that the Property described above is to be used in perpetuity only as open -space land in accordance with the Open -Space Land Act (Va. Code § 10.1-1700 et seq.) Code of Virginia (1950), as amended. This conveyance is made subject to all recorded easements, conditions, reservations, and restrictions now affecting the Property. 3 This Deed is executed by Beverly S. Duvall on behalf of Betty W. Mayes by virtue of the authority granted to Beverly S. Duvall by Betty W. Mayes under a General Power of Attorney dated November 17, 2020. This Deed is executed by the County Administrator, Deputy County Administrator, or Assistant County Administrator of Roanoke County on behalf of the Board of Supervisors of Roanoke County pursuant to Ordinance # adopted by the Board of Supervisors of Roanoke County on the day of , 2023. WITNESS the following signatures and seals: [Signatures and notary acknowledgement on following page] 4 GRANTOR: BETTY W. MAYES, BY BEVERLY S. DUVALL AS AGENT UNDER GENERAL POWER OF ATTORNEY COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: I, , a Notary Public for the Commonwealth of Virginia, hereby certify that BEVERLY S. DUVALL AS AGENT UNDER GENERAL POWER OF ATTORNEY personally appeared before me this day and acknowledged the foregoing instrument. WITNESS my hand and official seal this day of 20 Notary Public My commission expires: [Signatures and notary acknowledgement on following page] 5 GRANTEE: ROANOKE COUNTY BOARD OF SUPERVISORS By: Title: COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: I, , a Notary Public for the Commonwealth of Virginia, hereby certify that personally appeared before me this day and acknowledged the foregoing instrument. WITNESS my hand and official seal this day of 20 Notary Public My commission expires: Approved as to form: County Attorney 6 THIS AMENDED AGREEMENT OF SALE AND PURCHASE ("this Amended Agreement") is made and entered into this day of , 2023 ("the Effective Date"), by and between BETTY W. MAYES, whose address is 242 Trevey Road, Buchanan, Virginia 24066 ("Seller"), and the ROANOKE COUNTY BOARD OF SUPERVISORS, of the County of Roanoke, Virginia, a political subdivision of the Commonwealth of Virginia, whose address is 5204 Bernard Drive, Roanoke, Virginia 24018 ("Purchaser"). The parties acknowledge that no real estate broker was involved in this transaction. Purchaser, through its employees, has negotiated directly with Seller. RECITALS Seller is the owner of one-half (1/2) interest in the following three (3) unimproved parcels of real property: (1) Parcel 1, located in Roanoke County, Virginia, bearing County of Roanoke Tax Map No. 080.00-05-17.00-0000, and containing approximately 23.1109 acres ("Parcel 1"); (2) Parcel 2, located in Bedford County, Virginia, bearing County of Bedford Tax Map No. 172 A 14A, and containing approximately 8.1053 acres ("Parcel 2"); and (3) Parcel 3, located in Bedford County, Virginia, bearing County of Bedford Tax Map No. 172 A 42, and containing approximately 11.7267 acres ("Parcel 3"). The remaining one-half (1/2) interest in Parcel 1, Parcel 2, and Parcel 3 are owned by the Virginia Recreational Facilities Authority, a political subdivision of the Commonwealth of Virginia. Seller desires to sell her one-half (1/2) interest in Parcel 1, Parcel 2, and Parcel 3 to Purchaser, and Purchaser desires to purchase the Property from Seller, on the terms and conditions set forth in this Amended Agreement. 1 The parties entered into an Agreement of Sale and Purchase on August 17, 2021, and it is the intent of the parties to amend that Agreement of Sale and Purchase by executing this Amended Agreement of Sale and Purchase. WITNESSETH Now, therefore, in consideration of the premises and of the mutual covenants set forth herein, the parties agree as follows: (1) Sale and Purchase. In consideration of the sum of Eighty Two Thousand Five Hundred Dollars ($82,500.00) ("the Amended Purchase Price") to be paid by Purchaser to Seller in cash (by wire transfer of good funds or bank check) in full, at the Closing hereinafter provided for, Seller hereby agrees to sell, and agrees to grant and convey to Purchaser, and Purchaser hereby agrees to purchase, and agrees to accept conveyance of, the Property from Seller, on the terms and subject to the conditions of this Amended Agreement. (2) Right of Access for Inspections. (a) Between the Effective Date and the date which is ninety (90) days after the Effective Date ("the Inspection Period"), Purchaser and its agents and contractors shall have the right of free access to and entry upon the Property for the purpose of making such surveys, inspections, surface and subsurface explorations, tests, borings, appraisals, and other site evaluations and analyses as Purchaser may desire to make. Purchaser shall (i) indemnify Seller and hold Seller harmless from and against any loss, cost, damage, or liability arising out of or resulting from the exercise by Purchaser or Purchaser's agents or contractors of the rights granted by this paragraph (2), to the extent allowed under the laws of the Commonwealth of Virginia, and (ii) if Closing does not occur under this Amended Agreement, at its expense, restore the Property substantially to its condition immediately prior to those tests and inspections. 2 (3) (b) If Closing does not occur, Purchaser shall deliver to Seller copies of the results of any and all such surveys, tests, and studies no later than ten (10) days after termination or expiration of the Inspection Period. (c) Purchaser may, at any time prior to the end of the Inspection Period (including on the final day of the Inspection Period), by written notice to Seller terminate this Amended Agreement, for any reason or no reason. If Purchaser does not terminate this Amended Agreement before the expiration of the Inspection Period, then Purchaser shall be deemed to have waived its rights to terminate the Amended Agreement under this paragraph (2). Title Examination. Purchaser shall, at its expense, obtain such examination of the title to the Property as Purchaser shall deem necessary or advisable. Should any title examination indicate that Seller cannot convey to Purchaser good and marketable fee simple title to the Property, other than because of liens in a total amount less than the Purchase Price which can be satisfied by the payment of money deducted from the Purchase Price at Closing, then Purchaser shall give Seller written notice of any conditions, restrictions or encumbrances which Purchaser will not waive ("the Title Exceptions"), and Seller will have a period of sixty (60) days from its receipt of such notice to take such action as Seller wishes to take to cure the Title Exceptions (the "Title Cure Period"). "Cure" of any Title Exception may be accomplished either by resolving and removing the Title Exception or by obtaining the agreement of Purchaser's title insurer to insure Purchaser against loss resulting from the exception, on terms reasonably satisfactory to Purchaser. If all Title Exceptions have not been cured within the Title Cure Period, then Purchaser shall have the option either (i) to terminate this Amended Agreement or (ii) to allow this Amended Agreement to continue in effect and to proceed with Closing with no reduction in the Purchase Price. Seller agrees that it will not, from the Effective Date until the date of Closing, convey any rights in the 3 Property (including by lease) to any other person or entity without the specific written consent of Purchaser, which consent Purchaser may grant, condition, or withhold in its sole discretion. (4) Existing Lease. Seller and Purchaser acknowledge that the Property is currently subject to a lease between the Virginia Recreational Facilities Authority and the Roanoke County Board of Supervisors. (5) Closing; Closing Costs. Closing shall take place on a date as agreed upon by Seller and Purchaser, at a location selected by Purchaser. Purchaser may select any closing agent solely at Purchaser's discretion. At Closing, Purchaser shall pay to Seller the Purchase Price and Purchaser shall also pay all closing costs except those that are specifically provided in this paragraph (5) to be paid by Seller. At Closing, Seller shall deliver to Purchaser a fully executed and notarized general warranty deed with modern English covenants of title, conveying good and marketable fee simple title to the Property to Purchaser, subject only to real estate taxes which are not yet delinquent and to such other Title Exceptions as Purchaser shall have agreed in writing, prior to Closing, to accept or otherwise accepted in accordance with paragraph (3). The deed shall convey the Property to Purchaser with all appurtenances and by description based on the current survey obtained by Purchaser, or if Purchaser has not obtained a current survey, by the description(s) set forth in the deed(s) conveying the Property to Seller. Seller shall also deliver such other documents, instruments, certificates, and affidavits as shall be reasonably and customarily required by Purchaser and its title insurer to complete and evidence the purchase and sale transaction. Seller shall pay its own attorneys' fees. Real estate taxes shall be prorated as of the date of the Closing. (6) Risk of Loss. If after the expiration of the Inspection Period (and Purchaser not having elected to terminate this Amended Agreement during the Inspection Period), but prior to Closing the Property is materially damaged by a casualty or the environmental condition of the Property is materially and adversely changed (and such change is not due to the acts of Purchaser 4 or its agents or contractors), then, Purchaser shall have ten (10) business days within which to notify Seller whether it wishes to (a) proceed to close and be entitled to an assignment of all insurance proceeds of Seller's at Closing; or (b) terminate this Amended Agreement which shall have no further force or effect except for any liability pursuant to the indemnity provisions of paragraph (2). For purposes of this paragraph (6), the Property shall be considered materially damaged if the cost of repair or cure exceeds Thirty Thousand and 00/100 Dollars ($30,000.00). Seller agrees that if the Property is damaged within thirty (30) days of the Closing date as a consequence of an insured casualty for which Seller has not commenced repair, then Seller will assign any insurance proceeds received by Seller and associated with that casualty to Purchaser at Closing. (7) Possession. Seller shall deliver exclusive possession of the Property to Purchaser on the date of Closing and shall, prior to Closing, remove any of Seller's personal property from the Property. (8) Assignment. Purchaser may assign its rights under this Amended Agreement at any time prior to the Closing date, in which case it shall give Seller written notice of assignment stating the name and address of the assignee. In the event of an assignment, the assignee shall succeed to all of the rights and obligations of the Purchaser under this Amended Agreement. (9) Notices. Any notice required or permitted to be given under this Amended Agreement shall be in writing, addressed to the parties at the addresses set forth above in the opening paragraph of this Amended Agreement, and sent either by certified mail, return receipt requested, via the United States Postal Service, or by a nationally recognized overnight delivery service. The postmark date, in the case of a mailed notice, or the date of deposit with the overnight delivery service, in the case of use of an overnight courier, shall be the effective date of such notice. Any notice sent to Purchaser shall be addressed to the Roanoke County Attorney's Office. (10) Default. 5 (a) If Purchaser is ready, willing and able to close and tenders closing on the date set for Closing, but Seller fails to deliver to Purchaser on or before the Closing date the executed deed and other Closing documents required by paragraph (5) above and/or is unable to deliver to Purchaser exclusive possession of the Property as required by paragraph (7) above and to proceed with Closing, then Seller shall be in default under this Amended Agreement. (b) If Seller is ready, willing and able to close on the date set for Closing, but Purchaser fails to close, then Purchaser shall be in default under this Amended Agreement. (c) Prior to the exercise of any default remedies, the non -defaulting party shall provide written notice of any default(s) to the defaulting party (the "Default Notice") permitting the defaulting party ten (10) business days to cure any such default(s). If the defaulting party does not cure the default(s) or does not respond to the Default Notice, then the non -defaulting party may pursue any legally available remedies provided by law. (11) Seller's Warranties. Seller represents and warrants to Purchaser that: (a) Seller has good and marketable fee simple title to the Property to be conveyed herein; (b) Seller has full right and power to enter into and perform her obligations under this Amended Agreement; (c) this Amended Agreement constitutes the valid and binding agreement of Seller and is fully enforceable in accordance with its terms; (d) there are no actions, suits or proceedings at law or in equity pending, threatened against, or affecting the Property before or by any federal, state, municipal, or other governmental depai intent, commission, board, bureau, agency, or instrumentality; and (e) to the best of Seller's actual knowledge: no toxic or hazardous materials (as said terms are defined in any applicable federal or state laws) have been used, discharged or stored on or about the Property in violation of said laws, no such toxic or hazardous materials are now or will be at Closing located 6 on or below the surface of the Property, and there are no petroleum storage tanks located on or beneath the surface of the Property. (12) Agents and Brokers. Each party represents and warrants that it did not consult or deal with any agent or broker with regard to this Amended Agreement or the transaction contemplated herein and, to the extent permitted by law, each party hereto agrees to indemnify and hold harmless the other party from all liability, expense, loss, cost or damage, including reasonable attorneys' fees, that may arise by reason of any claim, demand or suit of any agent or broker arising out of facts constituting a breach of the foregoing representation and warranty. (13) Entire Agreement; Amendment; Governing Law. This Amended Agreement contains the entire agreement of the parties with respect to its subject matter, and it shall not be amended except by a written amendment signed by both Seller and Purchaser. By execution of this Amended Agreement, the Agreement of Sale and Purchase entered into by the parties on August 17, 2021 is hereby terminated. This Amended Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia, and any actions or suits relating to this Amended Agreement shall be brought in the courts of the County of Roanoke. (14) Successors and Assigns. This Amended Agreement shall inure to the benefit of and be binding upon and enforceable against the parties hereto and their respective personal representatives, heirs, successors and assigns. (15) Execution. This Amended Agreement may be executed in duplicate, each of which shall constitute an original. The Effective Date of this Amended Agreement shall be the date on which this Amended Agreement is signed by both parties. (16) Authority of Agent. This Amended Agreement is executed by Beverly S. Duvall on behalf of Betty W. Mayes by virtue of the authority granted to Beverly S. Duvall by Betty W. Mayes under a General Power of Attorney dated November 17, 2020. Beverly S. Duvall represents 7 and warrants that she has the full authority to execute this Amended Purchase Contract on behalf of Betty W. Mayes. (17) Authority of County Administrator. This Amended Agreement is executed by the County Administrator, Deputy County Administrator, or Assistant County Administrator of Roanoke County on behalf of the Board of Supervisors of Roanoke County pursuant to Ordinance # adopted by the Board of Supervisors of Roanoke County on the day of , 2023. WITNESS the signatures and seals of the parties as of the date first above written: [Signatures and notary acknowledgement on following page] 8 Seller: BETTY W. MAYES, BY BEVERLY S. DUVALL AS AGENT UNDER GENERAL POWER OF ATTORNEY COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: I, , a Notary Public for the Commonwealth of Virginia, hereby certify that BEVERLY S. DUVALL AS AGENT UNDER GENERAL POWER OF ATTORNEY personally appeared before me this day and acknowledged the foregoing instrument. WITNESS my hand and official seal this day of , 20 Notary Public My commission expires: [Signatures and notary acknowledgement on following page] 9 Purchaser: ROANOKE COUNTY BOARD OF SUPERVISORS By: Title: COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: I, , a Notary Public for the Commonwealth of Virginia, hereby certify that personally appeared before me this day and acknowledged the foregoing instrument. WITNESS my hand and official seal this day of , 20 Notary Public My commission expires: 10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25, 2023 ORDINANCE AUTHORIZING THE ACQUISITION OF ONE-HALF (1/2) INTEREST IN THREE (3) PARCELS OF REAL PROPERTY CONTAINING APPROXIMATELY 42 ACRES ADJACENT TO EXPLORE PARK, LOCATED IN ROANOKE COUNTY AND IN BEDFORD COUNTY, AND AUTHORIZING EXECUTION OF AN AMENDED PURCHASE AGREEMENT, DEEDS OF CONVEYANCE AND OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE ACQUISITION OF THIS REAL ESTATE WHEREAS, Betty W. Mayes is the owner of one-half (1/2) interest in three parcels of property, containing approximately 42.94 acres, located in Roanoke County (identified as Roanoke County Tax Map Number 080.00-05-17.00-0000) and in Bedford County (identified as Bedford County Tax Map Numbers 172 A 14A and 172 A 42); and WHEREAS, the remaining one-half (1/2) interest in the three parcels (3) is owned by the Virginia Recreational Facilities Authority, a political subdivision of the Commonwealth of Virginia; and WHEREAS, the Board approved Ordinance 081021-5 on August 10, 2021, authorizing staff to execute a purchase agreement and other documents necessary to effectuate the purchase for a purchase price of $58,600; and WHEREAS, an appraisal on the properties was completed on December 28, 2022, finding that the estimated value of the three parcels is $165,000, and finding that the estimated market value of one-half (1/2) interest in the three parcels is $82,500; and WHEREAS, staff recommends an amended purchase price of $82,500 for the purchase of the one-half (1/2) interest in the three (3) parcels; and Page 1 of 3 WHEREAS, the Virginia Outdoors Foundation ("VOF") has awarded Roanoke County $165,450 in grant funds for the purchase of the one-half (1/2) interest in the three (3) parcels, which are adjacent to Explore Park; and WHEREAS, on December 15, 2020, the Board of Supervisors appropriated $165,450.00 from the VOF for the purchase of the one-half (1/2) interest in the three (3) parcels; and WHEREAS, the three (3) parcels will be used to manage the property as part of Explore Park, remaining forested and largely undeveloped, except for trails and similar facilities for outdoor recreation; and WHEREAS, the Board of Supervisors of Roanoke County has determined that it is in the public interest to acquire a one-half (1/2) interest in the three (3) parcels; and WHEREAS, § 2.03 of the Roanoke County Charter provides that the County, upon a showing of public necessity, may acquire property within or without its boundaries for any of its facilities or functions; and WHEREAS, the Board finds that there is a showing of public necessity for the County to purchase those portions of the property, which are located in Bedford County, as they are immediately adjacent to Roanoke County, are included in the 2016 Explore Park Adventure Plan, and will provide benefits to citizens such as trails and similar facilities for outdoor recreation; and WHEREAS, § 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on April 11, 2023, and the second reading was held on April 25, 2023; Page 2 of 3 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there is a showing of public necessity for the County to acquire property without its boundaries for the purpose of expanding Explore Park. 2. That the acquisition of approximately 42.94 acres located in Roanoke County (identified as Roanoke County Tax Map Number 080.00-05-17.00-0000) and in Bedford County (identified as Bedford County Tax Map Numbers 172 A 14A and 172 A 42) is hereby authorized and approved at the amended purchase price of $82,500. 3. Funding for the purchase and incidental costs to the acquisition is available in the County's grant fund, which was created pursuant to Ordinance 121520-6 whereby the Board accepted and appropriated $165,450 from the VOF for the purchase of the land. 4. That the County Administrator, Deputy County Administrator, or Assistant County Administrator are hereby authorized to execute such documents, including but not limited to the amended purchase agreement, the deeds of conveyance (with any changes as approved by the County Attorney's Office), and any other documents necessary to accomplish the acquisition and to take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. 5. That this ordinance is to be in full force and effect upon its passage. Page 3 of 3 ACTION NO. ITEM NO. F.8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: Ordinance accepting and appropriating a donation from the Cave Spring First Aid and Rescue Squad, Inc. in the amount of $8,250 for use by the Roanoke County General Services Department SUBMITTED BY: Ashley King Assistant Director of General Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Acceptance and appropriation of $8,250 received as a donation from the Cave Spring First Aid and Rescue Squad, Inc. to be used towards the replacement of the floor in the large conference room at Cave Spring Rescue Station #3. BACKGROUND: The Cave Spring First Aid and Rescue Squad, Inc. is a 501(c)3 organization that has been using Cave Spring Rescue Station #3 since it was built in 1989. They use the large conference room for full crew meetings, training sessions, EMT certification courses, Auxiliary meetings, regional VAVRS meetings and the Auxiliary's chicken BBQ. Because of their vested interest and use of this room, they would like to donate $8,250 towards replacing the flooring. DISCUSSION: The General Services Department will use the funds to supplement the costs associated with replacing the floor in this conference room. There have been no changes since the first reading of this ordinance on April 11, 2023. Page 1 of 2 FISCAL IMPACT: Funds in the amount of $8,250 are from the Cave Spring First Aid and Rescue Squad, Inc., and will be used towards replacing the floor in the large conference room at Cave Spring Rescue Station #3. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. Page 2 of 2 December 7, 2022 To Whom It May Concern: I am writing to inform whom it may concern that Cave Spring First Aid and Rescue Squad (CSRS) has voted and approved to allocate $8250 towards the restoration and repair of the floor in the large conference room on the second floor of 3206 Valley Forge Avenue, Roanoke, VA. This was approved by the general membership of the crew at our September 2022 business meeting. As CSRS has been the sole renter of this establishment since it was built in 1989, CSRS has a vested interest in the management and upkeep of this building owned by the Roanoke County Board of Supervisors. CSRS uses this specific space at least twice a month for full crew meetings and trainings, twice a week for four months to host an initial EMT certification course, once a month for Auxiliary meetings, several times a year for regional VAVRS meetings, and twice a year for our Auxiliary's chicken BBQ. CSRS fully appreciates the willingness of the Board of Supervisors and Roanoke County and Fire and Rescue Department to continue to enter into these joint ventures to maintain and improve the space. Laura Ale President Cave Spring First Aid and Rescue Squad, Inc A 501(c)3 organization FIN: 54-1553832 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25, 2023 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $8,250 FROM THE CAVE SPRING FIRST AID AND RESCUE SQUAD, INC. FOR USE BY THE ROANOKE COUNTY GENERAL SERVICES DEPARTMENT WHEREAS, the Cave Spring First Aid and Rescue Squad, Inc., a 501(c)3 organization, has been using the large conference room at Cave Spring Rescue Station #3 since 1989 for full crew meetings, training sessions, EMT certification courses, Auxiliary meetings, regional VAVRS meetings, and the Auxiliary's chicken BBQ; and WHEREAS, due to the Cave Spring First Aid and Rescue Squad, Inc.'s vested interest and use of this room, it would like to donate $8,250 to the General Services Department toward replacement of the conference room flooring; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on April 11, 2023, and the second reading was held on April 25, 2023. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $8,250 made available to the General Services Department toward replacement of the flooring in the large conference room at Cave Spring Rescue Station #3 is accepted and appropriated to the general fund. 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 1 ACTION NO. ITEM NO. F.9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: Request to accept and allocate funds in the amount of $24,651.80 to the Clerk of the Circuit Court from the Commonwealth of Virginia for Technology Trust Funds SUBMITTED BY: Jill Camilletti Deputy Clerk IV APPROVED BY: Richard L. Caywood County Administrator ISSUE: Acceptance and allocation of funds in the amount of $24,651.80 to the Clerk of the Circuit Court from the Commonwealth of Virginia BACKGROUND: Technology Trust Funds represent fees collected by the Roanoke County Circuit Court Clerk's Office, and have been received from the State in the amount of $24,651.80. In accordance with State of Virginia Code Section 17.1-279, the Circuit Court Clerks Office shall assess a $5.00 fee called Technology Trust Fund Fee. Each month, the Clerk's Office can request the fees that were assessed the previous month. The code section further states that four of every five dollar of the fee shall be allocated by the Compensation Board from the trust fund for the purposes of obtaining and updating office automation and information technology equipment including software and conversion services; preserving, maintaining and enhancing court records, including but not limited to the costs of repairs, maintenance, land records, consulting services, service contracts, redaction of social security numbers from land records and system replacement or upgrades and improving public access to court records. DISCUSSION: The funds received from the Commonwealth of Virginia have been earmarked for maintenance needs for the Clerk of Circuit Court, specifically towards the twice yearly Page 1 of 2 maintenance bill from the Supreme Court for maintaining their records, offset the cost of postage, equipment, etc. FISCAL IMPACT: All funds are provided by the Commonwealth of Virginia. No County matching funds are required. STAFF RECOMMENDATION: Staff recommends accepting and allocating $24,651.80 to the Clerk of Circuit Court from the Commonwealth of Virginia. Page 2 of 2 ACTION NO. ITEM NO. F.10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Todd R. Hanson, Firefighter/EMT, upon his retirement after more than twenty (20) years of service SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Recognition of the retirement of Todd R. Hanson BACKGROUND: Todd R. Hanson, Firefighter/EMT, retired on June 1, 2022, after twenty (20 years and five (5) months of service with the Department of Fire and Rescue. Mr. Hanson is unable to attend today's meeting and his quilt and resolution will be mailed to his home. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 11, 2023 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO TODD R. HANSON, FIREFIGHTER/EMT, UPON HIS RETIREMENT AFTER MORE THAN TWENTY (20) YEARS OF SERVICE WHEREAS, Todd R. Hanson was employed by Roanoke County on January 14, 2002; and WHEREAS, Mr. Hanson retired on June 1, 2022, after twenty (20) years and five (5) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Mr. Hanson has served as a firefighter/EMT throughout his career and has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, throughout Mr. Hanson's career with Roanoke County, he served on the special operations Heavy Technical Rescue Team which required a number of ongoing state certifications, as well as providing a great resource to the department by using his mechanical skills to assist in diagnosing and repairing small engine equipment within the Department; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to TODD R. HANSON for more than twenty years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 1 ACTION NO. ITEM NO. F.11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: Request to approve the Roanoke Regional Cable Television budget for fiscal year 2023-2024 SUBMITTED BY: Scott Ramsburg Director of Community Media APPROVED BY: Richard L. Caywood County Administrator ISSUE: Approval of the Roanoke Regional Cable Television budget for fiscal year 2023-2024 BACKGROUND: Roanoke Valley Television, RVTV-3, serves Roanoke County, Roanoke City, the Town of Vinton, and their respective school systems. RVTV-3 was created in 1993 as an agreement between the three localities to form a Government & Educational Access Station. The station is located at the Jefferson Center, and is staffed by five full time staff members. RVTV-3 produces original video productions, monthly television shows, and covers live government meetings. Programming is cablecast on Cox Communications, Channel 3, and Comcast, Channel 3 and Shentel/Glofiber Channel 7. RVTV-3 is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the County, the City, and the Town. Mr. Jason Peters represents the Board of Supervisors and Ms. Amy Whittaker represents Roanoke County Administration. The operational budget for RVTV is provided by the three local governments, and is funded through the Virginia Communications Sales and Use Tax paid by telecommunications operators such as Cox Communications and Shentel/GloFiber, as well as the EG fee paid by customers to each locality. RVTV staff are included in the County's payroll and benefit system. Page 1 of 2 DISCUSSION: Last year, Roanoke Valley Television finished 354 unique media projects, including video for the three localities and their school systems. RVTV also provides the Live Board Meeting signal for Web Streaming. Examples of media content produced for Roanoke County this year include: "Roam RoCo" Public Information Series, "Out of the Office" Podcast, Employee Appreciation Series, Roanoke County Business Partners, Parks, Recreation and Tourism Program Features, General Services Instructional Videos, Public Safety Informational Videos, Event PSA's, Public School Highlight Videos and other special communications projects. RVTV-3 programming is uploaded to the RVTV website and social media sources. Additionally, RVTV-3 programming is posted to the websites and social media sources for Roanoke County, Roanoke City, Town of Vinton and their School Systems. The fiscal year 2023-2024 total Operating Budget is $587,254. Roanoke County's share is 45% and based on a proportional share of the three sponsoring jurisdictions, as defined by US Census population data. FISCAL IMPACT: Roanoke County's share of the cable budget for 2023-2024 is $266,085, which is a $51,015 increase over the contribution in the adopted 2022-2023 budget. Roanoke County's share as presented is included in the proposed fiscal year 2023-2024 operating budget within the non -departmental section of the document. STAFF RECOMMENDATION: The Roanoke Valley Regional Cable Television Committee recommends approval of the fiscal year 2023-2024 RVTV Operating Budget. Page 2 of 2 To: Roanoke Regional Cable Television Committee From: Scott Ramsburg, Director Date: April 13, 2023 Re: FY 2023-2024 RVTV Operating Budget BACKGROUND INFORMATION: Roanoke Valley Television (RVTV) is a civic media resource serving the City of Roanoke, Roanoke County, Town of Vinton, and their respective school systems. Since 1993, RVTV has provided government and educational media services for the three localities, and distributes video content via cablecast, live -stream, social media and on -demand. RVTV is located at the Jefferson Center (541 Luck Ave. SW). The operational budget for RVTV is provided by the three local governments, and it is funded through the Virginia Communications Sales and Use Tax Revenue paid by telecommunications operators such as Cox Communications and Shentel/GloFiber, as well as the EG fee paid by customers to each locality. Primary functions of RVTV are as follows: • Government Meetings & Live Streaming Events In 2022, RVTV facilitated the recording, directing and live streaming of (96) government meetings including: (37) Roanoke City Council Meetings, (32) Roanoke County Board Meetings, (12) City Council Briefings, (3) City Council Special Meetings, (1) City School Board Interview Meetings, (1) Roanoke County Planning Commission Meetings, and (10) special event social media event live streams • Creative Media Production RVTV produces original media content for the municipalities we serve. In 2022, RVTV carried out 354 unique projects including 2,238 minutes (37 hours) of finished video (See APPENDIX for summary & value) o Longform Video: Productions that are typically 11 to 30 minutes in length. This may include recurring programs (quarterly/monthly) or standalone videos such as employee training or tourism profiles. o Shortform Video: Productions that are typically 1 minute to 10 minutes in length, suitable for use on social media and general public communications efforts. o Public Service Announcements: Productions that are typically one minute or less in length, typically created to promote an upcoming event or public service. o Graphic & Print Design: Custom creation of digital graphics, and limited print production such as postcards, flyers and brochures. o File Photo/Video & Event Services: Documentation of municipal events, as well as the capture of file video and photography for future use. • Distribution - Live Stream 24/7 Video Feed o Cox Cable - Channel 3 o Comcast Cable — Channel 3 o Shentel/GloFiber Cable — Channel 7 o RVTV Website www.RVTV.org o RVTV Youtube Live Stream www.youtube.com/RoanokeValleyTV o RVTV Roku https://channelstore.roku.com/details/a4fcd27fc81fab1 ab226dd5dc9295072/ • Distribution — On Demand via Social Media o RVTV YouTube www.youtube.com/RoanokeValleyTV o RVTV Facebook www.facebook.com/RoanokeValleyTelevision o RVTV Instagram www.instagram.com/roanokevalleytelevision/ o RVTV Twitter www.twitter.com/RoanokeValleyTV FISCAL IMPACT: On January 1, 2007, the Virginia Communications Sales and Use Tax Act of 2006 (Va. Code 58.1-645 et seq.) required cable television providers to pay a five percent (5%) sales or use tax to the Commonwealth of Virginia in place of paying franchise fees to the localities, including the City of Roanoke, County of Roanoke, and Town of Vinton. Under the Act, the Commonwealth pays the amount of revenues it receives from cable television providers, like Cox and Shentel/GloFiber, to the localities. Additionally, each locality passes an EG fee of $0.20 per subscriber to be used in support of PEG programming The operational budget for RVTV is provided by the three local governments, and it is funded through the Virginia Communications Sales and Use Tax Revenue and EG fees communications providers. The RVTV budget amount paid by each locality is based on most recent US Census Bureau Population Estimates each partner government. Locality City of Roanoke Roanoke County (excl. Vinton) Town of Vinton US Census Population Est. 98,865 88,568 8,021 Percentage 50.58% 45.31% 4.10% FY 2023-2024 Operating Revenues RVTV's operating budget for FY 23-24 has increased primarily due to changes in personnel costs over the past year. Roanoke County is the fiscal agent for RVTV, and staff members are included in the County's payroll and benefits system. In consultation with RVTV's Operations Committee, the Roanoke County Human Resources department made modifications to staff salaries including: • An adjustment made to address a specific employee retention concern • An organizational chart reclassification aimed at improving succession planning • Adjustments to address compression, resulting from an organization -wide job description update and comparative analysis of like positions nationwide • In addition to these changes, a cost of living adjustment is expected to be adopted by the Roanoke County Board of Supervisors for all Roanoke County employees in FY23-24 Non -personnel costs will see only a minor change for the upcoming year. Combined changes will result in an overall budget increase of 22% over last fiscal year as outlined below. This finalized budget has been approved and recommended by the Roanoke Valley Regional Cable Television Committee as of April 13, 2023. Locality City County Vinton From Surplus TOTAL 20-21 Budget 21-22 Budget 22-23 Budget $223,501 $240,109 $243,746 $205,621 $211,861 $215,070 $17,880 $18,832 $19,117 $21,425 $0 $27,066* $481,538 $468,427 $505,000 23-24 Budget $297,033 $266,085 $24,077 $0 $587,254 *Job reclassifications and compensation adjustments taking place mid-FY 22-23 are predicted to result in an overspend of the originally adopted budget by an estimated $27, 066 mount will be absorbed by RVTV's operating surplus account. RVTV OPERATING BUDGET FY 23-24 RVTV PERSONNEL 2022-2023 2022-2024 = -_ 101010 Regular $270,194 $356,018.00 202100 FICA -Employer Contribution $20,670 $27,235.00 202200 Retirement - VRS $43,149 $56,855.00 202300 Group Health Insurance $44,927 $42,855.00 202310 Group Dental Insurance $2,069 $1,764.00 202400 Life Insurance - VRS $3,620 $4,770.00 202500 Long Term Disability Insurance $790 $1,050.00 202750 VRS Retiree Health Credit $811 $1,068.00 202840 Deferred Comp Match $1,950 $1,950 PERSONNEL TOTAL: $388,180 $493,565.00 *Note during FY22-23, RVTV's job structure was updated and positions reclassified by our fiscal agent's HR department in accorance with internal procedures and comparative analysis of positions nationwide. ** Budget also includes a cost of living adjustment adopted by our fiscal agent RVTV NON -PERSONNEL 2022-2023 2023-2024 Change: 202810 Cash -In FLP Option (Estimate) $3,500.00 $4,000.00 Increased based on trend 300013 Professional Services (Closed Captioni $7,000.00 $6,000.00 Reduced based on trend 320001 Contracted Repairs $1,000.00 $1,000.00 Flat 330005 Maintenance & Service - (Tele, Security $3,450.00 $3,450.00 Flat. 520030 Telephone (land lines) $1,000.00 $600.00 Reduced based on trend 520033 Internet Lines $5,376.00 $5,376.00 Flat. 520035 Cell Phones and Pager Services $1,488.00 $1,320.00 Reduced due to current trend 530008 General Liability Insurance $2,650.00 $2,446.00 Reduced due to estimate 540010 Lease and Rent $53,890.00 $57,172.00 Annual increase contracted 550001 Travel - Mileage $100.00 $1,200.00 Proposed training trip 550040 Conferences, Training & Education $500.00 $2,000.00 Proposed training trip 580001 Dues & Association Memberships $500.00 $325.00 Reduced based on trend 580003 Professional Certifications $150.00 $150.00 Flat. 601010 General Office Supplies $600.00 $600.00 Flat. 601013 Supplies & Small Equipment $2,000.00 $1,500.00 Reduced based on trend 608080 Gas, Oil & Grease $1,000.00 $1,000.00 Flat. 609091 Garage Tires and Parts Allocation $200.00 $200.00 Flat. 611030 Uniforms $350.00 $350.00 Flat. 650009 Computer Software (Less than $5,000) $5,000.00 $5,000.00 Flat. 850040 Misc. Capital Costs $0.00 $0.00 Flat. NON PERSONNEL TOTAL: $89,754 $93,689 RVTV COMBINED BUDGET LAST FY PROPOSED BUDGET POPULATION. TOTAL OPERATING BUDGET $477,934 POPULATION2021 $587,254 51% City of Roanoke (98,865) $243,746 50.58% $297,033 45% Roanoke County (88,568 excl. Vinto $215,070 45.31% $266,085 4% Town of Vinton (8,021) $19,117 4.10% $24,077 "Projected 22% increase over previous FY Capital and Reserve Budgets — Projected as of June 1, 2022 The Capital Budget is appropriated by Regional Cable Television Committee vote as needed, following the 10-year capital plan laid out by RVTV's director each June. Cable grants shown below represent capital and equipment funds provided through past franchise agreements. The Operating Reserve is a rollover account representing unused funds from previous operating budgets. C817-9602 (Salem Cable TV Grant) $21,892 (est.) C817-9603 (Cox Cable Capital Equipment Grant) $633,112 (est.) C817-9604 (Operating Reserve) $69,706 (est.) APPENDIX Summary of Completed Projects - Calendar Year 2022: Complete Projects by Type / Municipality- Selec:zd Fr or Months: • Other Total Project lype Empty Video: Longform Video: Shortform Video: PSA Live Meeting Event Beauty Shots Message Board Graphic Design Other Total 1 1 95 24 4 9 4 1 3 143 5 13 1 19 2 16 2 1 2 4 27 79 7 3 7 6 3 2 114 3 18 1 1 24 2 25 1 4 32 2 19 246 35 4 17 15 3 359 Estimated Values of Service - Calendar Year 2022: Creative Video Production 2,238 Minutes (37 hours) Estimated at $800 per finished minute, production value is $1,790,400. Live Meetings 96 meetings averaging 2 hours each Estimated at $1000 per meeting, production value is $96,000 Drone and Photography Services 97 Aerial Photography Shoots 30 Still Photography Shoots Estimated at $100 per hour event, production value is $12,700 Graphic Design and Amination Services 10 Unique Projects Estimated at $500 per project, production value is $5,000 Total Estimated Service Value: $1,904,100 1:11) BUSINESS PUBLIC SERVICE RECREATION County of Roanoke Unappropriated Balance, Board Contingency, and Capital Reserves Fiscal Year 2022-2023 General Government Capita Unappropriated Balance % of Revenues Board Contingency Expenditure Contingency Reserves 22 $ 24,124,662 $ - $ 502,597 $ 7,923,936 id close out of completed projects 35,604 ;et (Ordinance 051022-4) 2,093,025 50,000 43,605 tions - December 13, 2022 7,547,689 ambulances and fire arms(Ordinance 02283-4) 216,832 't (Ordinance 051022-5) (3,225,059) acres at Read Mountain Preserve (Ordinance 101122-1) (75,000) id fire arms (Ordinance 022823-4) (613,339) $ 26,217,687 12.0% $ 50,000 $ 546,202 $ 11,810,663 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: VPSA School Bonds Lease Revenue Bonds Subtotal Premiums Audited Outstanding Outstanding June 30, 2022 Additions Deletions April 25, 2023 $ 85,873,052 $ $ 8,043,501 $ 77,829,551 73,900,000 12,660,000 3,800,000 82,760,000 159,773,052 12,384,805 12,660,000 812,376 11,843,501 160,589,551 13,197,181 $ 172,157,857 $ 13,472,376 $ 11,843,501 $ 173,786,732 Submitted By Laurie L. Gearheart Director of Finance and Management Services Approved By Richard L. Caywood County Administrator Real Estate Taxes Personal Property Taxes Public Service Corp Base Penalties & Interest on Property Taxes Payment In Lieu Of Taxes COUNTY OF ROANOKE Comparative Statement of Budgeted and Actual Revenues General Fund - C100 For the Nine Months Ending Friday, March 31, 2023 Prior Year Current Year Revenues Revenues Budget Revenues % of Budget Budget Revenues % of Budget $102, 084, 564 33, 500, 000 3,710,928 529,072 180,000 $51,842,675 2,427,949 3,858,439 655,312 92,291 Total General Property Taxes 140,004,564 58,876,666 50.78% $112,535,000 $55,220,815 49.07% 7.25% 40,812,500 2,531,669 6.20% 103.98% 4,040,928 3,917,800 96.95% 123.86% 529,072 650,884 123.02% 51.27% 180,000 93,069 51.71% 42.05% 158,097,500 62,414,237 39.48% Communication Taxes 2,900,000 1,877,626 64.75% 2,650,000 1,821,200 68.72% Local Sales Tax 12,200,000 9,462,101 77.56% 14,967,641 10,039,778 67.08% Consumer Utility Tax 3,650,000 2,519,417 69.03% 3,750,000 2,536,431 67.64% Business License Tax 6,364,000 7,141,552 112.22% 7,575,000 7,417,163 97.92% Franchise Tax 660,000 0 0.00% 700,000 (42,136) -6.02% Motor Vehicle License Fees 2,400,000 441,587 18.40% 2,400,000 454,827 18.95% Taxes On Recordation & Wills 1,400,000 1,131,945 80.85% 1,800,000 788,183 43.79% Utility License Tax 725,000 359,777 49.62% 600,000 318,488 53.08% Hotel & Motel Room Taxes 807,597 980,369 121.39% 1,349,568 1,043,596 77.33% Taxes - Prepared Foods 4,270,750 3,347,581 78.38% 5,400,000 3,827,779 70.88% Other Taxes 275,000 411,272 149.55% 1,175,000 906,996 77.19% Total Other Local Taxes 35,652,347 27,673,227 77.62% 42,367,209 29,112,305 68.71% Animal Control Fees 42,500 36,435 85.73% 42,500 38,428 90.42% Land and Building Fees 15,850 75,222 474.58% 15,850 8,646 54.55% Permits 549,840 450,830 81.99% 924,107 425,106 46.00% Prior Year Current Year Revenues Revenues Budget Revenues % of Budget Budget Revenues % of Budget Fees 64,600 52,044 80.56% 64,600 76,072 117.76% Clerk of Court Fees 127,000 97,559 76.82% 127,000 97,503 76.77% Photocopy Charges 210 0 0.00% 210 0 0.00% Total Permits, Fees and Licenses 800,000 712,090 89.01% 1,174,267 645,755 54.99% Fines and Forfeitures 353,500 326,134 92.26% 400,000 302,532 75.63% Total Fines and Forfeitures 353,500 326,134 92.26% 400,000 302,532 75.63% Revenues from Use of Money 125,000 24,920 19.94% 90,897 441,199 485.38% Revenues From Use of Property 178,200 140,102 78.62% 178,200 150,601 84.51% Total Use of Money and Property 303,200 165,023 54.43% 269,097 591,800 219.92% Charges for Services 3,773,400 2,492,983 66.07% 3,790,100 2,369,769 62.53% Charges for Public Services 70,000 70 0.10% 70,000 10 0.01% Education Aid -State 0 0 0.00% 0 0 0.00% Total Charges for Services 3,843,400 2,493,053 64.87% 3,860,100 2,369,779 61.39% Reimb-Shared Programs Salem Miscellaneous Revenue Recovered Costs Total Miscellaneous Non -Categorical Aid Shared Expenses 771,464 317,302 875,000 298,417 271,482 399,615 38.68% 85.56% 45.67% 996,464 314,336 800,129 493,538 334,677 474,221 49.53% 106.47% 59.27% 1,963,766 969,514 49.37% 2,110,929 1,302,436 61.70% 402,000 5,523,431 1,029,957 3,851,595 256.21 % 69.73% 402,000 5,772,874 1,022,003 4,019,452 254.23% 69.63% Prior Year Current Year Revenues Revenues Budget Revenues % of Budget Budget Revenues % of Budget Welfare & Social Services -Categorical 4,448,865 2,705,922 60.82% 4,000,727 2,697,670 67.43% Other State Categorical Aid 2,320,569 1,634,462 70.43% 2,468,805 1,853,934 75.09% Welfare & Social Services 5,495,953 3,977,806 72.38% 6,250,000 4,084,354 65.35% Education Aid -Federal 0 0 0.00% 0 0 0.00% Other Categorical Aid 0 0 0.00% 0 0 0.00% Total State and Federal Revenue 18,190,818 13,199,742 72.56% 18,894,406 13,677,412 72.39% Other Financing Sources 38,711,874 0 0.00% 39,426,765 0 0.00% Total Other Financing Sources 38,711,874 0 0.00% 39,426,765 0 0.00% Transfers 0 0 0.00% 0 0 0.00% Total Transfers 0 0 0.00% 0 0 0.00% Grand Totals 239,823,468 104,415,448 43.54% 266,600,273 110,416,257 41.42% COUNTY OF ROANOKE Comparative Statement of Budgeted and Actual Expenditures and Encumbrance General Fund - C100 For the Nine Months Ending Friday, March 31, 2023 Prior Year Current Year Expenditures Exp & Encum Expenditures Exp & Enc Budget & Encumbrances % of Budget Budget & Encumbrances % of Bud Legislative 331,603 289,722 87.37% 398,981 282,319 70.- General & Financial Administration 7,904,251 5,409,305 68.44% 8,809,620 6,678,381 75.1 Electoral Board & Officials 471,516 441,773 93.69% 820,131 550,493 67. General Government Administration 8,707,370 6,140,799 70.52% 10,028,732 7,511,192 74.1 Courts 1,650,781 1,012,727 61.35% 1,715,404 1,115,463 65.1 Other Judicial Support 1,344,243 1,026,907 76.39% 1,461,425 1,154,965 79.1 Judicial 2,995,024 2,039,634 68.10% 3,176,829 2,270,427 71.4 Law Enforcement & Traffic Cont 14,991,033 10,903,047 72.73% 16,914,417 13,066,674 77.: Fire and Rescue 17,360,251 13,115,440 75.55% 20,140,445 15,534,157 77.• Correction & Detention 9,679,077 6,409,823 66.22% 10,862,582 7,608,901 70.1 Animal Control 837,711 616,120 73.55% 1,124,393 764,214 67.5 Public Safety 42,868,072 31,044,431 72.42% 49,041,837 36,973,946 75.: General Services Administration 797,665 658,652 82.57% 949,179 705,129 74.: Refuse Disposal 5,441,462 3,873,839 71.19% 5,646,669 4,424,822 78.: Maint Buildings & Grounds 5,049,229 3,936,160 77.96% 5,424,601 4,093,174 75., Engineering 1,664,905 1,335,567 80.22% 2,329,994 1,810,766 77.- Inspections 1,569,358 886,287 56.47% 1,117,938 804,768 71.5 Garage Complex 0 0 0.00% 0 0 0.1 Prior Year Current Year Expenditures Exp & Encum Expenditures Exp & Enc Budget & Encumbrances % of Budget Budget & Encumbrances % of Bud( Public Works 14,522,619 10,690,504 73.61 % 15,468,381 11,838,659 76.: Mental Health 0 0 0.00% 0 0 0.1 Public Health 515,902 386,927 75.00% 579,181 413,701 71., Social Services Administration 8,818,788 6,068,864 68.82% 8,651,519 6,023,524 69.1 Comprehensive Services Act 0 0 0.00% 0 0 0.1 Public Assistance 4,918,666 3,432,236 69.78% 4,918,666 3,352,304 68.• Social Services Organizations 0 0 0.00% 0 0 0.1 Health and Welfare 14,253,356 9,888,026 69.37% 14,149,366 9,789,528 69.' Parks & Recreation 2,390,260 1,547,452 64.74% 2,546,009 1,842,057 72.: Library 4,356,057 2,872,347 65.94% 4,655,691 3,298,565 70.1 Cultural Enrichment 0 0 0.00% 0 0 0.1 Parks, Recreation & Cultural 6,746,317 4,419,799 65.51% 7,201,700 5,140,622 71.: Planning & Zoning 1,304,878 864,332 66.24% 1,557,390 1,124,417 72.: Cooperative Extension Program 87,097 24,030 27.59% 87,097 56,677 65.1 Economic Development 529,257 359,273 67.88% 563,335 376,291 66.1 Public Transportation 0 0 0.00% 766,930 166,518 21. Contribution to Human Service Organizations 0 0 0.00% 0 0 0.1 Planning 1,921,232 1,247,635 64.94% 2,974,752 1,723,903 57.1 Employee Benefits 3,368,937 2,965,687 88.03% 1,666,434 944,614 56.1 Dixie Caverns Landfill Cleanup 52,000 18,258 35.11% 67,000 26,810 40.1 Prior Year Current Year Expenditures Exp & Encum Expenditures Exp & Enc Budget & Encumbrances % of Budget Budget & Encumbrances % of Bud Miscellaneous 10,844,343 7,609,849 70.17% 10,494,982 8,022,334 76., Tax Relief/Elderly & Handicapp 1,110,000 728,560 65.64% 1,610,000 734,408 45.1 Refuse Credit Vinton 110,000 110,000 100.00% 225,000 168,750 75.1 Board Contingency 24,677,259 0 0.00% 29,813,889 0 0.1 Unappropriated Balance 0 0 0.00% 0 0 0.1 Non -Departmental 40,162,539 11,432,354 28.47% 43,877,305 9,896,917 22.: Interfund Transfers Out 101,497,037 82,625,301 81.41% 114,864,921 93,624,175 81.! Intrafund Transfers Out 6,149,901 5,523,756 89.82% 5,816,452 5,042,266 86.1 Transfers Out 107,646,938 88,149,057 81.89% 120,681,373 98,666,441 81.; Grand Totals 239,823,467 165,052,239 68.82% 266,600,275 183,811,635 68.1 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: April 25, 2023 AGENDA ITEM: Accounts Paid — March 2023 SUBMITTED BY: Laurie L. Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors Payroll Payroll Payroll Manual Checks Grand Total 03/03/23 03/17/23 03/31/23 Direct Deposit Checks 1,832,836.55 1,745,943.11 2,077,824.97 12,909.24 10,481.36 9,932.18 2,731.23 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. Total $ 12,303,093.17 1,845,745.79 1,756,424.47 2,087,757.15 2,731.23 $ 17,995,751.81 ACTION NO. ITEM NO. J.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2023 AGENDA ITEM: Work session to discuss the Bonsack Fire Station with the Board of Supervisors SUBMITTED BY: Doug Blount Assistant County Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: This time has been set aside to discuss the Bonsack Fire Station Page 1 of 1