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HomeMy WebLinkAbout2/8/2005 - Regular Roanoke County Board of Supervisors Agenda February 8, 2005 Good afternoon and welcome to our meeting for February 8, 2005. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Wednesday at 7:00 p.m. and on Sunday at 4:00 p.m. The meetings are now closed-captioned. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Reverend Bob McAden Cave Spring United Methodist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Certificate of recognition to Stacey Craighead, Cave Spring High School, for being named First Team All State - Volleyball by the Virginia High School Coaches Association 2. Recognition of the Budget Department for receiving the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for Fiscal Year 2003-2004 D. BRIEFINGS E. NEW BUSINESS 1 F. FIRST READING OF ORDINANCES 1. First reading of an ordinance to accept the conveyance of approximately 9 acres of real estate located on Cove Road from the Roanoke County School Board to the Board of Supervisors for use as the site for the new public safety building. (Dan R. O'Donnell, Assistant County Administrator; Paul M. Mahoney, County Attorney) 2. First reading of an ordinance to vacate a portion of an existing stormwater management easement, The Cottages at Wexford, and vacation of a stormwater management easement, Wexford Place Townhomes, Cave Spring Magisterial District. (Arnold Covey, Director of Community Development) .. 3. First reading of an ordinance authorizing the vacation, quitclaim and release of portions of various easements in Valley Gateway Business Park to the Commonwealth of Virginia in connection with providing clear title and an unrestricted right-of-way for Integrity Drive, Vinton Magisterial District. (Arnold Covey, Director of Community Development) 4. First reading of an ordinance to vacate a 20 foot waterline easement dedicated by subdivision plat of Stonegate, Phase 2-B, Lots 47-48, and creating a new waterline easement situated on lots 47 and 48, Hollins Magisterial District. (Paul M. Mahoney, County Attorney) G. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing the donation and conveyance of easements to the Western Virginia Water Authority to provide for the extension of sewer service in connection with the Crystal Creek sanitary sewer extension project, Cave Spring Magisterial District. (Pete Haislip, Director of Parks, Recreation & Tourism) 2. Second reading of an ordinance to vacate, quit-claim, and release a portion of an existing 15 foot and 1 00 foot drainage easement on property owned by F&W Community Development Corporation, Hollins Magisterial District. (Joseph B. Obenshain, Senior Assistant County Attorney) 3. Second reading of an ordinance to vacate a portion of a 15 foot drainage easement on plat entitled "Subdivision of The Orchards, Section 2, Applewood", Plat Book 9, Page 112, and further shown as "existing 15' drainage easement" in Plat Book 13, Page 59, Hollins Magisterial District. (Joseph B. Obenshain, Senior Assistant County Attorney) H. APPOINTMENTS 1. League of Older Americans Advisory Council 2 I. 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 and January 25, 2005 2. Request from schools to appropriate Medicaid funds in the amount of $81,300 3. Request to accept Millbridge Road and Stone Mill Drive into the state secondary system J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Future Capital Projects 5. Report from VDOT of changes to the secondary road system in December 2004 6. Building Permit Activity Report 7. Proclamation signed by the Chairman N. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Michael A. Wray 2. Richard C. Flora 3. Joseph P. McNamara 4. Joseph B. Church 5. Michael W. Altizer 3 O. WORK SESSIONS (4th Floor Conference Room) 1. Work session with Virginia Department of Transportation (VDOT) representatives to discuss US 220 safety improvement projects and the Merriman Road, Route 613, improvement project. (Arnold Covey, Director of Community Development) 2. Work session to discuss proposed changes to Section 19-4 of the Roanoke County Code to authorize a procedure for permits for street solicitation by qualified charitable organizations. (Joseph B. Obenshain, Senior Assistant County Attorney) 3. Work session to discuss Roanoke County Community (Comprehensive) Plan. (Paul M. Mahoney, County Attorney; Janet Scheid, Chief Planner) P. CLOSED MEETING Q. CERTIFICATION RESOLUTION R. ADJOURNMENT 4 ACTION NO. ITEM NO. C.. \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA ITEM: Certificate of recognition to Stacey Craighead, Cave Spring High School, for being named First Team All State - Volleyball by the Virginia High School Coaches Association SUBMITTED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge d~ ¡1/~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Ms. Stacey Craighead, a junior at Cave Spring High School, and a member of the Volleyball team, was named to the First Team All-State by the Virginia High School Coaches Association. She was also selected for the First Teams for All-District and AII- Region and was the named the AII-Timesland Volleyball Player of the Year. Ms. Craighead led the Cave Spring High School Volleyball team to the Group AA championship match where the Knights lost to Loudoun Valley, ending the season with a record of 26 wins and 2 losses. Ms. Craighead and her parents will attend the meeting to receive her certificate of recognition. School Superintendent Dr. Linda Weber, Cave Spring High School Principal Martha Cobble and Coach Tanis are p1anning to attend. ~untP of l\oanoke ~-I CERTIFICATE OF RECOGNITION Awarded To St'acey Craighe'ad For Being Named FIRST TEAM ALL-STATE, GROUP AA BY THE VIRGINIA HIGH SCHOOL COACHES ASSOCIATION Ms. Craigheadls other accomplishments during her 2004-2005 volleyball season include: · Named First Team for All-State, All-District, and All-Region · Named AII-Timesland Volleyball Player of the Year · Finished the season with 262 kills, 105 blocks and 52 service aces · Led the Cave Spring High School team to a 26 and 2 season record The Board congratulates Ms. Craighead for her accomplishments and wishes her continued success In the future. Presented this 8th day of February 2005 lnuJ~ u. {2¡~ Michael W. Altizer, Chairm n , ~~a.W . Michael A. Wray, Vice-Chairm~ 8. "41d. .~~ B. "Butch" Church ~',~.....s:> ~ .~ ~ "- Richard C. Flora ~~-a~__ (Joseph P. McNamara ACTION NO. ITEM NO. c-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA IT'EM: Recognition of the Budget Department for receiving the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for Fiscal Year 2003- 2004 SUBMITTED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge £11 County Administrator APPROVED BY: COUNTY ADMINISTRATOR1S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has been awarded the Distinguished Budget Presentation Award for the budget document for fiscal year beginning July 1, 2003 and ending June 30, 2004. This award is the highest form of recognition in government budgeting. The award was established in 1984 and recognizes exemplary budget documentation by state and local governments. Each budget document is evaluated using a comprehensive evaluation checklist by three independent reviewers who are members of GFOA's Budget Review Panel. Accepting the recognition will be Brent Robertson, Budget Director; Chad Sweeney, Budget Administrator; and Cathy Tomlin, Budget Analyst. 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: February 8, 2005 AGENDA ITEM: First reading of an ordinance to accept the conveyance of approximately 9 acres of real estate located on Cove Road from the Roanoke County School Board to the Board of Supervisors for use as the site for the new public safety building SUBMITTED BY: Dan O'Donnell Assistant County Administrator APPROVED BY: Paul M. Mahoney County Attorney",,, II e<"~ Elmer C. Hodge 4~ L--'- C. r County Administrator COUNTY ADMINISTRATOR'S COMMENTS: 7f~ SUMMARY OF INFORMATION: On July 27, 2004, the Board of Supervisors approved a Memorandum of Understanding with the Roanoke County School Board to accept up to ten acres of property adjacent to the Roanoke County School Board Administrative Offices at 5937 Cove Road to be used as the site of the new Roanoke County public safety building. In exchange for this property, the Board of Supervisors agreed to provide a replacement warehouse, the transfer of the current public safety building at 3568 Peter's Creek Road upon its vacation by the County public safety agencies, and agreed to assist in obtaining funding for future renovations of the current public safety building. In order to proceed with the timely development of the public safety building, it is necessary to have the property subdivided and transferred to the County Board- of Supervisors. To this end, Hurt and Proffitt Incorporated, working under the auspices of Northrop-Grumman F -I Corporation, has prepared the preliminary plat which is attached to this board report. The plat has been reviewed by School Board facilities staff, presented at a School Construction Committee meeting on January 21, 2005, discussed at the joint meeting between the County Board of Supervisors and the School Board held on January 24, 2005, and formally introduced to the School Board as an informational item at the January 26, 2005 School Board meeting. It is expected that the School Board will act at its February 9, 2005 meeting to declare the property surplus, thus allowing the Board of Supervisors to obtain ownership of the property upon approval of an ordinance, the first reading of which is this agenda item. The land transfer will be concluded upon a public hearing and second reading of the ordinance at the February 22, 2005 meeting of the Board of Supervisors. FISCAL IMPACT: The Board of Supervisors appropriated a total of $28,269,073 for the public safety building project at the June 22, 2004 meeting of the Board of Supervisors. This amount includes $500,000 for the warehouse replacement. It was recognized at the joint meeting of the Board of Supervisors and the School Board on January 24, 2005 that some additional funding for the warehouse may be needed depending upon bids to be received by the School Board for construction of the warehouse. Additional warehouse funding needs above the $500,000 previously appropriated are tentatively to be split evenly between the School Board and the Board of Supervisors. Funding for the renovation of the current public safety building for use by the School Board will need to be determined over the next two years as the new public safety building is scheduled to be completed in March 2007 and vacated by the County public safety agencies soon thereafter. The approval of this ordinance has no additional fiscal impact. STAFF RECOMMENDATION: As the School Board will not consider the declaration of the property as surplus until their meeting of February 9, 2005, staff recommends that the Board of Supervisors approve the first reading contingent upon the subsequent approval by the School Board for the declaration of the property as surplus. t-\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8,2005 ORDINANCE TO ACCEPT THE CONVEYANCE OF APPROXIMATELY 9 ACRES OF REAL ESTATE LOCATED ON COVE ROAD FROM THE ROANOKE COUNTY SCHOOL BOARD TO THE BOARD OF SUPERVISORS FOR USE AS THE SITE FOR THE NEW PUBLIC SAFETY BUILDING WHEREAS, the Board of Supervisors and the Roanoke County School Board entered into a Memorandum of Understanding in July of 2004 providing for the conveyance of up to ten acres of real estate from the School Board to the Board of Supervisors providing for a site for the new Roanoke County Public Safety Building; and WHEREAS, a preliminary plat has been prepared by Hurt & Proffitt creating "Parcel 1 n containing 9.756 acres, which parcel is composed of an approximate 9 acre parcel of real estate (portion of Tax Map No. 36.16-1-11) owned by the County School Board and an approximate .8 acre parcel of real estate owned by the Board of Supervisors (Tax Map No. 36.16-1-11.1); and WHEREAS, at their meeting on February 9, 2005, the County School Board is expected to declare the above-mentioned 9 acre parcel of real estate to be surplus property, thus allowing the Board of Supervisors to obtain ownership of the property upon approval on this ordinance and recordation of a deed; 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 will be held on February 8, 2005, and the second reading and public hearing will be held on February 22, 2005. 1 F- I NOW, THEREFORE, BE IT ORDAINED by the Board of Sup~rvisors of Roanoke County, Virginia, as follows: 1. That the acquisition from the County School Board of Roanoke County of an approximate 9 acre parcel of real estate to be added and combined with an approximate.8 acre parcel of real estate to form "Parcel 1 II as shown on a preliminary plat entitled "Plat Showing Division of the Property of the Board of Supervisors of Roanoke County, Virginia, and the County School Board of Roanoke County, Virginia, Catawba Magisterial District" prepared by Hurt & Proffitt and dated January 19, 2005, is hereby authorized and approved. 2. 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ITEM NO. ç-g AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA ITEM: First reading of an ordinance to vacate a portion of an existing stormwater management easement, The Cottages at Wexford, and vacation of a stormwater management easement, Wexford Place Townhomes, Cave Spring Magisterial District SUBMITTED BY: Arnold Covey Director, Community Development Elmer C. Hodge ~ )(e0 County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~~ ~~~ SUMMARY OF INFORMATION: Wexford Place Homeowners Association is requesting that a portion of the stormwater management easement, created in Plat Book 23. Page 83, as shown on Exhibit 1, be vacated. The developer, DAV, LLC, wants to expand the footprint of the building on the lots adjacent to the easement. The proposed buildings would encroach into the existing stormwater management easement. Prior to the recordation of the subdivided lots in Plat Book 27, Page 183, Roanoke County Community Development Department requested the developer to submit stormwater calculations for review of any impacts to the stormwater management pond by decreasing the size of the easement. The calculations supplied by Lumsden Associates, PC showed no negative impacts to the functionality of the stormwater facility. The plat was approved by the Roanoke County Subdivision Agent and subsequently recorded. Wexford Place Homeowners Association is requesting a complete vacation of the stormwater management easement created in Plat Book 18, Page 105, as shown on Exhibit 2. This easement was created with the initial submission of plans of Wexford Place Townhomes; however no facility was built in this area and the easement is now an encumbrance in the road. ~-~ FISCAL IMPACT: DA V, LLC is responsible for all fees associated with the vacation of the easements. AL TERNATIVES: 1. Approve both vacations as shown on Exhibits 1 and 2. 2. Approve the vacation of the easement as shown on Exhibit 1, but deny the vacation of the easement as shown on Exhibit 2. 3. Approve the vacation of the easement as shown on Exhibit 2, but deny the vacation of the easement as shown on Exhibit 1. 4. Deny both easement vacations as shown on Exhibits 1 and 2. STAFF RECOMMENDATION: Staff recommends Alternative 1. r-: -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8,2005 ORDINANCE TO VACATE A PORTION OF AN EXISTING STORMWATER MANAGEMENT EASEMENT DEDICATED IN PLAT BOOK 23, PAGE 83, THE COTTAGES AT WEXFORD, AND REVISED IN PLAT BOOK 27, PAGE 183, AND VACATION OF A STORMWATER MANAGEMENT EASEMENT DEDICATED IN PLAT BOOK 18, PAGE 105, WEXFORD PLACE TOWNHOMES, AND REVISED IN PLAT BOOK 19, PAGE 200, LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, by subdivision plat for the Cottages at Wexford, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 23, page 83, a variable width Stormwater Management Easement was dedicated and subsequently revised in Plat Book 27, page 183, following a review and approval of revisions by the Roanoke County Subdivision Agent, as shown on Exhibit 1 "Portion of Existing Stormwater Management Easement to be Vacated"; and, WHEREAS, the developer, DAV, LLC, proposes to expa'nd the footprint of the buildings on the lots adjacent to this easement; and, WHEREAS, the developer has submitted calculations performed by Lumsden Associates, PC, which indicate that the proposed decrease in the size of this easement will have no negative impacts upon the functionality of the stormwater facility for this subdivision; and, WHEREAS, by subdivision plat for Wexford Place Townhomes, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia in Plat Book 18, page 105, a Stormwater Management Easement was dedicated and subsequently revised in Plat Book 19, page 200, as shown on Exhibit 2, :Existing Stormwater Management Easement to be Vacated"; and 1 F-~ WHEREAS, no facility has been built in this area and the easement is now an encumbrance in the dedicated right-of-way of Capulet Court; and WHEREAS, the developer, as the Petitioner, has requested that, pursuant to Section 15.2-2272.2 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate a portion of the existing stormwater management easement as shown on Exhibit 1 and the complete stormwater management easement as shown on Exhibit 2; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by Section15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on February 8, 2005; the public hearing and second reading of this ordinance was held on February 22, 2005. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on February 8, 2005, and a public hearing and second reading of this ordinance was held on February 221 2005. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (stormwater management easements) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public use. 2 r:-~ 3. That a portion of variable width stormwater management easement, being designated and shown as ~~Portion of Existing Stormwater Management Easement To Be Vacated" on Exhibit 1 attached hereto, said easement having been dedicated on the subdivision plat for The Cottages at Wexford and recorded in the aforesaid Clerk's Office in Plat Book 23, page 83, and revised in Plat Book 27, Page 183, in the Cave Spring Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended. 4. That the existing portion of a stormwater management easement, being designated and shown as "Existing Stormwater Management Easement to be Vacated" on Exhibit 2 attached hereto, said easement having been dedicated on the subdivision plat for Wexford Place Townhomes and recorded in the aforesaid Clerk's Office in Plat Book 18, page 105, and revised in Plat Book 19, page 200, in the Cave Spring Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended. 5. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 6. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court 3 F-~. of Roanoke County, Virginia, in accordance with Section 15.2-2272.2 of the Code of Virginia (1950, as amended). 4 ... ~-~ t.r) <::) <::) t.r) I II ~ :: k) ~ I ~ II) '=~~ ~ ~":: ~DuDt ..-J ~ Ja ~ a V) ~ I ~ ~i l~ I :.._ -~~_~=__~~=_~=_" ; m- ~ ~ ~ . ~ 'k ! I .. ! _ .~.,,_ _·.·..YU _ ..~..~ ¡ Sit i ! MAl ,11$ s:a 3J Þ$f ~ lWun:::rI HIIJOS 1:) <lJ ..., 1'0 U 1'0 > <lJ .c .8 w ~ ~ ui en c:: :.¡::¡ U') 'x W \l- e c:: e E e c... ..., c:: <lJ E <lJ en 1'0 c:: 1'01:) ~2 L. 1'0 <lJ U ..., 1'0 ,....rro> J-~<lJ I--IE~ mL.o ........8..., :I:CJ)..., xenc Wc<lJ .- E 1;)<lJ .- (J') x 1'0 Ww \l- e c e E e c... 0') ~ ~ OJ o <: Q... ~ ~ ~ ¡.... ~ ~ o ¡¡J ~~ ~ at 0;2: ~~ ~~ ~o a:~ ):0 EQ~ Q~ ~¡;; ~a: ~~ ~~ 120 9<0 0122.5 ._-~=l 0 120 38JN Ik · Nl N ~ ~ 1 \11)\ (~;1\ 551~ . CJ) 1 0 1 B \. ~I-+-J II"'") \ · L() 55 t'0, U IN 1 07.50 0 107.50 6 i Bg r-r) 1 1 0 g 5515 551 r-r) " j " i 5513 :: 1 2 5514 -1 :: 7:: -I -+-J " Q) " :: 1 j 5512 :: ~ 5511 6 :: ~ :: " ~ 5509 " ::1 4 5510 :: cd :: 5:: " U " ::1 5 550B :: :: 5507 4 :: " " :: 1 6 5506 5505 j :: " 5503 " g17 5504 20 r-r) 1 07.50 1 07.50 ro 5501 1 ro ~1B 5502 L() . 0 0 to to SOU th Mountain Dr Portion of Existing S.W.M.E. to be Vacated TAX MAP NO. 87. 19 SCALE: EXHIBIT 2 Existing Stormwater Management Easement to be Vacated PREPARED BY: ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 1 "=50' .. . i..!.1. . ~:)i~\ 1:, .. Jj-~-- -'-.- I~·~.. - ~- ,y~ "~, 'f: :,<-t ~, ,;.,~ ~~l; t \\~ ~1;1;1~ DATE: 1-31-05 ACTION NO. ITEM NO. Ç-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA ITEM: First reading of an ordinance authorizing the vacation, quitclaim and release of portions of various easements in Valley Gateway Business Park to the Commonwealth of Virginia in connection with providing clear title and an unrestricted right-of-way for Integrity Drive, Vinton Magisterial District SUBMITTED BY: Arnold Covey Director, Community Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The easements mentioned above have been dedicated to Roanoke County via multiple instruments during the development of Valley Gateway Business Park. The now established right-of-way boundary for Integrity Drive of the Valley Gateway Business Park encompasses portions of these easements. The easements involved are as follows: 1. 20' storm drainage easement recorded in Instrument #200313258 2. 20' storm drainage easement recorded in Instrument #200313725 3. 20' public utility easement recorded in Plat Book 19, Page 166 4. 20' public utility easement recorded in Plat Book 27, Page 23 5. 30' sewer and waterline easement recorded in Deed Book 1273, Page 605 6. 20' waterline easement recorded in Deed Book 1620, Page 587 All of the above listed instruments are recorded in the Clerk's Office of the Circuit Court of Roanoke County. r-3 .. The specific portions ot these easements considered for quitclaim and release are shown on a plat prepared by Hayes, Seay, Mattern & Mattern Inc., dated January 21,2005, a copy of which is attached hereto as Exhibit A. In order tor Integrity Drive to be accepted into the State Secondary Road System, the Virginia Department ot Transportation (VDOT) requires that the right-of-way be free and clear of any third party rights or encumbrances. The quitclaim and release of the storm drainage easement and the sewer and waterline easement would be subject to VDOT issuing a land use permit for the existing facilities and the condition that the existing facilities within the right-of-way boundary of Integrity Drive may continue to occupy the roadway in their current configuration. The quitclaim and release of the storm drainage easement and the sewer and waterline easements will only be effective for as long as the section of Integrity Drive that spans the subject easements is a public road as part of the State Secondary Road System. In the event that the involved section of Integrity Drive is ever withdrawn from the State Secondary Road System, Roanoke County will exert their prior rights and the subject easements will revert to the County's possession. The quitclaim and release of the public utility easements inside the right-ot-way boundary of Integrity Drive would not be subject to reversion since the portions of the public utility easement to be released are not occupied by any utilities, and replacement easements have been dedicated along the outside ot the right-of-way. FISCAL IMPACT: No County funding is required. AL TERNATIVES: 1. Adopt the proposed ordinance to quitclaim and release the subject easements within the right-at-way boundary for Integrity Drive. 2. Decline to adopt the proposed ordinance, which could result in Integrity Drive remaining a County road. STAFF RECOMMENDATION: Staff recommends that the Board approve the first reading of the ordinance and schedule the second reading for February 22, 2005. F·3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8,2005 ORDINANCE AUTHORIZING THE VACATION, QUITCLAIM AND RELEASE OF PORTIONS OF VARIOUS EASEMENTS IN VALLEY GATEWAY BUSINESS PARK TO THE COMMONWEALTH OF VIRGINIA IN CONNECTION WITH PROVIDING CLEAR TITLE AND AN UNRESTRICTED RIGHT-OF-WAY FOR INTEGRITY DRIVE IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, the development of Valley Gateway Business Park has necessitated the creation of several easements for public utilities and drainage; and, WHEREAS, the said easements were created prior to the establishment of the full right-of-way boundary for Integrity Drive and portions of the said easements are within the currently established right-of-way boundary of Integrity Drive; and, WHEREAS, the various easements to be vacated were dedicated to Roanoke County as a 20' storm drainage easement recorded in instrument # 200313258 and a 20' storm drainage easement recorded in instrument # 200313725, a 20' public utility easement recorded in Plat Book 19, page 166', and a 20' public utility easement recorded in Plat Book 27, page 23, a 30' sewer and waterline easement recorded in Deed Book 1273, page 605, and a 20' waterline easement, respectively, recorded in Deed Book 1620, page 587, all of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia,; and, WHEREAS, the Virginia Department of Transportation (VDOT) requires that the right-of-way for streets to be added to the state system of highways be unrestricted and cleared of all encumbrances; and, WHEREAS, Roanoke County desires to request the Virginia Department of Transportation to add Integrity Drive to the state system of highways and the affected F-3 County departments have raised no objection to the vacation, quit-claim and release of the above described easements; and, WHEREAS, published notice has been given as required by Section 15.2-2204 of the Code of Virginia, 1950, as amended and pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on February 8,2005; and a public hearing and second reading was held on February 22, 2005. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That portions of existing easement designated and shown as "EASEMENTS TO BE VACATED" on a plat entitled "PLAT SHOWING THE VACTION OF EASEMENTS WITHIN THE RIGHT-OF-WAY OF INTEGRITY DRIVE, VALLEY GATEWAY BUSINESS PARK" prepared by Hayes, Seay, Mattern & Mattern, Inc. dated January 21, 2005, attached hereto as Exhibit A and incorporated by reference, be, and hereby are, vacated pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, subject to the conditions set forth herein; and, 2. That the quitclaim and release of the storm drainage easements, the waterline easement and the sewer and waterline easement is subject to, upon the acceptance of Integrity Drive into the state system of highways, the issuance of a land use permit by the Virginia Department of Transportation (VDOT) such that the existing waterlines, sewer lines, storm drains and their appurtenances may continue to occupy, in their current configuration, the area within the right-o-way boundary for Integrity Drive. 3. That conveyance of the property identified as "INTEGRITY DRIVE" on the above reference plat to the Commonwealth of Virginia is hereby authorized and approved. 2 1"=-3 4. That in the event said existing facilities are subsequently not within the right- of-way boundary due to street abandonment or realignment, the County will exert its prior rights and the subject easements shall revert to the possession of the County of Roanoke. 5. That the County Administrator or any assistant county administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this quitclaim and release of easement interests and conveyance of property, all of which shall be on form approved by the Cou·nty Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. 3 f-3 C\¡ I ð ~... .... ~ l. tt~ ~~~~ ~ ~ ;! ~~ -~.:.. 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ITEM NO.~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA ITEM: First reading of an ordinance to vacate a 20' waterline easement dedicated by subdivision plat of Stonegate, Phase 2-B, Lots 47-48, and creating a new waterline easement situated on lots 47 and 48, Hollins Magisterial District SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~~7~ SUMMARY OF INFORMATION: The Western Virginia Water Authority has requested the repositioning of a 20' waterline easement in Phase 2-B of Stonegate which subdivision is located partially in Roanoke County and in Botetourt County. The subdivision plat created a 20' waterline easement on the east side of Lot 48. The request is to move this easement by ten feet so that a new waterline easement will be ten feet wide on Lot 48 and ten feet wide on adjoining lot 47, with some additional easement at the front and rear of these respective lots. The lots in question are situated entirely in Roanoke County FISCAL IMPACT: No expense to the County is anticipated. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the attached ordinance. t=-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8,2005 ORDINANCE TO VACATE A 20' WATERLINE EASEMENT DEDICATED BY SUBDIVISION PLAT OF STONEGATE, PHASE 2-B, LOTS 47-48, RECORDED IN PLAT BOOK 27, PAGE 141, AND CREATING A NEW WATERLINE EASEMENT SITUATED ON LOTS 47 AND 48, (TAX MAP #028.04-03-02.00) LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 27, page 141, for "STONEGATE PROPERTIES, LLC, CREATING HEREON NEW LOTS 30 THROUGH 32 & NEW LOTS 38 THROUGH 49 . . . TO BE KNOWN AS PHASE 2-B, 'STONEGATE''', dated November 17, 2003, the developer, Stonegate Properties, LLC, dedicated and created a 20' PUBLIC WATERLINE EASEMENT on Lot 48 of Stonegate, Phase 2-B, as shown on the above described plat; and, WHEREAS, the Petitioner-Developer, Stonegate Properties, LLC, has requested that the subject 20' waterline easement, as shown on Exhibit A attached hereto, be vacated pursuant to §15.2-2272.2 of the Code of Virginia, 1950, as amended, upon condition that a new waterline easement situated on Lots 47 and 48, Phase 2-B, Stonegate, be created; and, WHEREAS, this vacation will not involve any cost to the County, wi1l not interfere with the provision of public services, and has been approved by the affected County departments; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended); the first reading of this ordinance was held on February 8, F-'1 2005, and the public hearing and second reading of this ordinance was held on February 22, 2005. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the "EXISTING 20' WATERLINE TO BE VACATED" shown dotted on Exhibit A attached hereto, said easement having been dedicated and created as "NEW 201 WATERLINE EASEMENT" by subdivision plat of "NEW LOTS 30 THROUGH 32 & NEW LOTS 38 THROUGH 49 . . . PHASE 2-B, STONEGATE", dated November 17, 2003, and recorded as aforesaid in Plat Book 27, page 141, located in the Hollins Magisterial District, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended). 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner, Stonegate Properties, LLC. 3. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Co'urt of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). 2 BOTETOURT COUNTY - ~NO~E COUNTY . STONELEDGE so' R/W --Q""'O -I~.r~ ~_.- -'\~ "'"g,tPC2. \ · 'S.~ ~~ .. ~oÇh ~ ~~ ... ?6.G1 ~ .~ c¿, ~~ ~ 102.50 . NJ026'OO·E to. 00' S5934'oeJ"E t 6.00' ~ I~ ..-S'\I ~ LOT 48 0.345 AC. 702.62' F-i. DRIVE 110.00' EX. 15' PUBUC UTILITY EASEMENT _ -If.8:2! ~14.!L _ _ -, LOT 47 0.JB4 AC. ~ .~ 10' ~ ~ ~ ~ , 770.13' TAX #28.04-1-2.1 5 TAX #28.04-1-3.1 PROPERTY OF PAUL L. MAZEY, JR. ,& PROPERTY OF LOUANNA C. MAZEY JOSEPH A HENDRICKS, JR. D.8. 1197, PG. 461 . de IRENE L. HENDRICKS NOTES: 0.8. 1346, PG. 1932 7. TH£ PURPOSE OF THIS PLAT IS TO VACATE AN ÐOSTlNG 20' WA7ERUN£ EASEMENT ON LOT 48 AND CREATE A NEW WA TfRUNE EASElJENT ON LOTS 47 AND 4B. DA TE: SCALE: COMM. NO.; PLA T SHOWING EXIST7NG 20' WATERLINE EASEMENT TO BE VACATED ANf? CREA T7NG A NEW WATERLINE EASEMENT SITUA TED ,ON LOTS 47 AND 48 PHASE 2-8 nSTONEQA TEn ROANOKE CO. P.B. 27, PG.. 141 HOLLINS MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA LEGEND EX. EXISTING D.B. DEED BOOK PG. PAGE R/W RIGHT-OF-WAY Il PROPERTY UNE ~::.~,..:.J TO .B£ VACA 1fD P'7;:'I NEW WA ÆRUNE ~ EASEMENT OCTOBER 6, 2004 PHONE: (540) 774-4411 FAX: (540) 772-9445 E-MAiL: MAIL@LUMSDENPC.COM 1" = 30 r -LUMSDEN 'ASSOCIATES, P.C. EN G I NEERS7.SUR VEY ORS-PLANNERS ROANOKE, VIRGINIA CADD FILE: 2003-184 4664 BRAtv\BLETON AVENUE P.O. BOX 20669 F:\Z003\031B4\SUR\03184ES.DWG ROANOKE.. VIRGINIA 24018 ACTION NO. ITEM NO. G -I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA ITEM: Second reading of an ordinance authorizing the donation and conveyance of easements to the Western Virginia Water Authority to provide for the extension of sewer service in connection with the Crystal Creek sanitary sewer extension project, Cave Spring Magisterial District SUBMITTED BY: Pete Haislip Director of Parks & Recreation Elmer C. Hodge ê/~ fI ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR1S COMMENTS: ~rfr SUMMARY OF INFORMATION: The Western Virginia Water Authority is requesting that the Board donate and convey the following easements for the purpose of the extension of sanitary sewer service in connection with the Crystal Creek Sanitary Sewer Extension Project across property owned by the County at Starkey Park: (a) A new 20' wide sanitary sewer easement containing 0.3471 acres across property owned by the County and designated as Tax Map No. 97.05-1-25. (b) A new 20' wide sanitary sewer easement containing 0.0231 acres across property owned by the County and designated as Tax Map No. 97.01-2-11. FISCAL IMPACT: There is no fiscal impact to this request. STAFF RECOMMENDATION: Staff recommends that the Board approve the attached ordinance. 6-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 8,2005 ORDINANCE AUTHORIZING DONATION AND CONVEYANCE OF EASEMENTS TO THE WESTERN VIRGINIA WATER AUTHORITY THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NOS. 97.05-1-25 AND 97.01-2-11) TO PROVIDE FOR THE EXTENSION OF SEWER SERVICE IN CONNECTION WITH THE CRYSTAL CREEK SANITARY SEWER EXTENSION PROJECT IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a parcels of land, containing 7.78 acres and 14.17 acres, off Merriman Road and Crystal Creek Drive in the County of Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map Nos. 97.05-1-25 and 97.01-2-11, respectively; and, WHEREAS, the Western Virginia Water Authority has requested the donation and conveyance of easements across this property to provide for the extension of sewer service in connection with the Crystal Creek Sanitary Sewer Extension Project; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including easements, shall be accomplished by ordinance; the first reading of this ordinance was held on January 25, 2005; and the second reading was held on February 8, 2005. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to the Western Virginia <;-1 Water Authority for the extension of sewer service in connection with the Crystal Creek Sewer Extension Project. 2. That donation and conveyance to the Western Virginia Water Authority of sewer easements as shown and described as "New 20' Wide S.S.E. (0.3471 AC.) to be Conveyed to Western Virginia Water Authority" and "New 20' Wide S. S. E. (0.0231 AC.) to be Conveyed to Western Virginia Water Authority" on a plat entitled "Easement Plat for Western Virginia Water Authority Showing 0.3471 Acre Sanitary Sewer Easement to be Conveyed by the Board of Supervisors of the County of Roanoke (0.8. 1242, Pg. 1457) and 0.0231 Acre Sanitary Sewer Easement to be Conveyed by the Board of Supervisors of Roanoke County, Virginia (D.B. 1634, Pg. 1852), Situate Crystal Creek Drive, Cave Spring Magisterial District" prepared by Caldwell White Associates, dated November 9, 2004, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County Administrator, or any assistant county administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. 2 Ii! I Gt~ S ..... V1~ ~:ë: ~~ ~ ~~ ~¥) ~ a~~~~.!. ~ ~ ~ å!&).. ~ ~ ..... '" ~ ~Q~~g:.~ ~t.) IIS~ ~ C~ d ~ CQ~ ~~ ~~ð;1 ~~~$i ~ ~ tI)~ ~:ë: ~~ ~ ~~ ~~ ~ a~~13-.!.~ ~U)~ eså!&)... ~~~ ;~~ ~ ~~~"'-'a: ~~ ~~ ~ ~ Q tI) CQ~ ~ ~~ ~It ,:!It :::s ~ " ~8 Ii t-f;i ~~ ~I ;1 ~ ~ ~ ..J Je~ ~~I'I\II ~~Jt~ ~~~~ ~~:::, l¿j=~ ~ è§ Q ~ ..J a~~+ ~(3å!ã ~~ ;¡:;; ~4tS~~ l¿jQ'-: ~ ~ ~~ õ: 1~1s CJ ~I 2: ~d~ ~ Ib~~ "'C ~~Isi ~ !~I~ di ... ~ e~~~ ~ I \ ~ ~ ~ ~i¡i ~I~ \ is t: ~~§I ~~~ ~ ~ a~~~ ~~~ G )..Isee ~~~ ~ un ~~ <: ~; Ci ~ ~~~ ~ d~~ ~ I!i -= ~8 ~td .- '" I II I a~l~ ~h~ln ~!:~~ø. ¡11~ï 1s11i! ;Irll ! ~~ ~~ Is~~ i~~~~ ~ 1s~1~~ Q~~~ ~~~i).. ~ ~~~~~ ~Q~~ Is¡!!i ¡ ~ i~~~~1 !~!~ 1~1s:~ ~ ~ ~=~ ~ ~ ~~ ~ t- i~~! I~~~ !il~~ ~ ~ .~~g~ ~~¡~ .~~~ ~ ! 1~1~~il~~~ lilsi~ ~ ~ !~~~::~!~I;~~ii~;;~! ·~~~I~I~~S~I§~~~~t-9t- Ÿf~¡õ ~~¡¡¡ d~~ i~~~~~~ ~ ~~~¡~~! ~b~~ §iet~~.~ ~~ ~ ~ . ~ . ~~~ ~:::!:::e: I=::~~ ~Q:~ 8~~ 5P.i~ :::!:Ç$~ ~~çs 8 ~ ~~ ~~è ~-;t ~~§ Exhibit A i G-\ [J) . ~¡ 15 ~ ~ ~iU ~I ! a~~2 ~ ~ ~ ~! ~ rJ) · i~ ~<~h · P" ~ i ~ ~g u~ iii 48 æ ;ö· ~ ,1·1 ¡.. ~lli, ~ ~ ~c i ~ ~ ~I ... ~ ~ ~ ~II_II U< ~ i:¿¡~ ~i~tj i II ~ i ¡ ~ "b ! ~ i ... Iii aa~ ~I!! j ~iC) ~~ I~ ~ e~~ · ~~I I gêe ~h . ~¡. I s: Ib ~~~ ~ i~~èi i :n~1 ~ ACTION NO. ITEM NO. G -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA ITEM: Second reading of an ordinance to vacate, quit-claim, and release a portion of an existing 15-foot and 1 DO-foot drainage easement on property owned by F&W Community Development Corporation, Hollins Magisterial District SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~~ ~/~ SUMMARY OF INFORMATION: This is the second reading of the proposed ordinance to authorize and approve the vacation, quit-claim and release of the remaining portion of an existing 15' and 1 DO' drainage easement shown on plat recorded in Plat Book 13, page 59, on property of F&W Development Corporation designated on the Roanoke County land records as Tax Map #40.01-1-4. F&W Community Development Corporation has requested that the Board of Supervisors vacate, quit-claim and release the remaining portion of the existing 151 and 1 DO' drainage easement through its property, in order to allow it to complete its sale of this property. The portion of the 151 and 1001 easement to be vacated is shown hatched on Exhibit A attached hereto. An alternative drainage system has been established as part of the site development. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends that the Board adopt the proposed ordinance. G-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8,2005 ORDINANCE AUTHORIZING THE VACATION, QUIT-CLAIM AND RELEASE OF A PORTION OF AN EXISTING 15-FOOT AND 100-FOOT DRAINAGE EASEMENT SHOWN ON 'PLAT SHOWING NEW DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF ROANOKE. . .', PLAT BOOK 13, PAGE 59, LOCATED ON. PROPERTY OWNED BY F&W COMMUNITY DEVELOPMENT CORPORATION AND LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by Deeds of Easement dated October 15, 1990, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1337, page 540, and Deed Book 1337, page 551, respectively, F&W Community Development Corporation, as owner of the property designated on the Roanoke County Land Records as Tax Map No. 40.01-1-4, conveyed to the Board of Supervisors of Roanoke County, Virginia, a connected 100' and 15' drainage easement as depicted on 'Plat Showing New Drainage Easement Being Granted To County of Roanoke. . .' of record in the aforesaid Clerk's Office in Plat Book 13, page 59; and, WHEREAS, F&W Community Development Corporation is the current owner of the said tract of land, and the subject property is located between Crumpacker Drive and Cortland Road in the Hollins Magisterial District and is now designated upon the Roanoke County Land Records as Tax Map No. 40.01-1-4; and, WHEREAS, the Petitioner, F&W Community Development Corporation, is the current owner of the property and has requested that the Board of Supervisors vacate, quit-claim and release the above-described existing 15' and 100' drainage easement on condition of the Petitioner deeding to the County a suitable replacement drainage G--~ easement acceptable to the County's Department of Community Development (as shown on Exhibit A attached hereto); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on January 25, 2005, and a second reading was held on February 8, 2005. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (portion of drainage easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses. 3. That, subject to the following conditions, the vacation, quit-claim and release of an existing 15' and 100' drainage easement across property of F&W Community Development Corporation, located between Crumpacker Drive and Cortland Road in the Hollins Magisterial District of the County of Roanoke, cross-hatched and designated as " 15' WIDE DRAINAGE EASEMENT TO BE VACATED and 100' WIDE DRAINAGE EASEMENT TO BE VACATED" on Exhibit A attached hereto, said easement having been acquired by deeds of easement dated October 15, 1990, and recorded in the aforesaid Clerk's Office in Deed Book 1337, page 540, and Deed Book 1337, page 551, respectively, shown and designated as "NEW 100' DRAINAGE 2 c;.~ EASEMENT" on plat entitled 'PLAT SHOWING NEW DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF ROANOKE...', recorded in the aforesaid Clerk's Office in Plat Book 13, page 59, is hereby authorized and approved. 4. That Petitioner, F&W Community Development Corporation, shall be responsible for all costs and expenses associated herewith, including but not limited to, all costs associated with the establishment of an alternative drainage system, surveys, publication, and recordation of documents; and, 5. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation, quit-claim, and release, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 (2) of the Code of Virginia, 1950, as amended. 3 t \ ~.- ....~~ ~ ~..-:: II á'/ ~ ~<v <ò" .t..,,0 t ~ ~ ~ fi R .ij Ij H . Îi' ~~ :~ ~ fJ· f!j ..",6 v-lCI~NITY MAp·, _... -----.. -:: 7~"'~__"'''' - .... ...-.. # _N-OR T_t! '- "\,. '. "'-. . , , þ" ~&..~....c. ....~II"'1IIPIIo.~__ ~ -=. - _I ~ - r -- 00='= .......:. . - Stormwater Management Easement Co . ' . . ""t .. '-....... . ~ . 'I? J'r __ _ ' ... "'-..p~OP[Rrr or . ~ ~ \ ""A A '. ,- __~. fiUlI i C. ..,,-.:E ,,~ lO\l(ll- 'M! [ 'b ~ \ , . ."V-D ~. l' ". 0°1[' cgaTA~"~~~~:¿u.. '1"'2~ ~.7',!--~ .0..4 ^ ' .. .. - ~~ . ...._~ "'\ ' "0:'~ . ',....... . ~ ~.\ " \ ~ ' "ã.\'óo, : . " ,0 5~~'f\tlØ .~ ~ ~ .....\ ~ ' , t~o1. {,S' ¡,. ~ '-çI\ \~ "~~~~ L 'f^;~ ' ' ...---V", ...-;iÍ"-"¡,,.~ (~ú':... '7 _ ~ , ' ',..?.;~¿.~_ I '. \<¿"':o' , ',_, 't\1.(¡~ ~ COCl!<S CRH}'·~ ~ "ð '. -. ~ ' . (AFPIWX. 1..0.....,. ,_... 'to ' ¡ ,____ ,r"J"AL . \ ~').. - . ""''''''ù ~D 1)\ " ~ t..,!.. . ( v .It'S . ' ~'l' ( . : l' tc -f<. . ,CIr-..¡ ~ , . ol.¡ie II ¡ " ·;:¿o/ ¡ 4003' ~~:!'~lt·- !~ í) C~f~7: c ~ , , C~~?t'i;' " .;~ ~~~ ~ '1 t. F. & W. COl11illUl1Ìty Developme11t COrp. Tax Map # 40.01-1-4 . ¡ ~~, ri1 100 FOOT DRAINAGE EASE1JIENT \ TO BE VACATED (HATCHED) ~ 15 FOOT DRAINAGE : EASEMENT TO BE , . ~" VACATED (RA TCHED) /-'--___~:-:'-.:.. . \ ~ ~~y~7 U ~rjQ ~:~~~....'-~.. ~ ~~~y if . f:¥"t>+'" b(:,f- -~ ~ _ (.t-<;'O\ , ,~ .¡. .",~ ,"":,,'µ ! C' . \,.ð ~.,p """'~f -'~ 15 FOOT DRAINAGE EASEMENT' ~!I ~l'''b.''i' 0-. ...-:i"" '=""'1~~::", - 'ÄC'. TO BE V ACA TED (HA TCRED) ~ J'" ~~'.R ~~..2 @t-.,.,:,,--"Ý\:)' 1 -. RDI.IJ"t Dl?JIJr... .. C '(;-(/ ' J , ~ .& Vb) ~ J!."";" ~I D , /JY.r~'.i'~~.I .m">TE "y;;,ç;' ® t N.~~ qo.,;l .. ~m: ~NE CUl'Çr-- . f.4~/ ,.'Ç/ . ~~~; ----- .r7 \ dì:, t:Jj '''tht i;\RQ: *P.t)s· - L £;"~~""VPl['oVQQ, Sl:C: fJ / -" \. .>\ /-Existing 20' Drainage Easement (~_(/ DB.1650,PG.304 . ,,~ \\ \. DFC Roanoke, LLC , Tax Map # 40.01-1-4.3 ;'1,........... ,~ I ~ ~ ~. ~ ~ ~ Î ~ EXHIBIT "A"lfl) ¥. \~~~ =- DESCRIPTION: A 15 foot drainage easement (p.B. 9, PG. 112) and a combínation of a 100 foot drainage easement and 15 foot drainage easement (D.B. 13, PO. 59) within the property (Tax Map No. 40.01-1-4) located betvleen CrtUflpacker Drive (VA. See Rte #781) and Cortland Road (VA. See. Rte #1003). -" -="-" 1,~ J!-'-' ~' ~ f' r ~ t õ".. .....~:. ~~ ROA1\ïOICE COUÍ'{T1~ DEP.l RTMENT DF COlvI7vrT:I!{ITI~. DETIELOP_l1£EJtr - ' ,_, ",>..cu."",,,;;,' ~ .~ IS-FOOT DRi\lNAGE EASEMENT r\.1'ID A lOO-FOOT , DRi~INAGE EASElvIENT TO BE VACATED, }~ .. ~ ...-.-- .1 -.. --~..- p It -Ç' ACTION NO. ITEM NO. G-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA ITEM: Second reading of an ordinance to vacate a portion of a 15- foot drainage easement on a plat entitled "Subdivision of the Orchards, Section 2, Applewood", Plat Book 9, Page 112, and further shown as "existing 15' drainage easement" in Plat Book 13, Page 59, Hollins Magisterial District SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney APPROVED BY: Elmer C. Hodge County Administrator ëLu¥/ ;I~ COUNTY ADMINISTRATOR'S COMMENTS: ð:&~~~ ~ SUMMARY OF INFORMATION: This is the second reading of the proposed ordinance to authorize and approve the vacation and release of the remaining portion of an existing 15' drainage easement shown on plat recorded in Plat Book 9, page 112, and further shown as "Existing 15' Drainage Easement" Plat Book 13, page 59, on property of F&W Development Corporation, designated on the Roanoke County Land Records as Tax Map #40.01-1-4. F&W Community Development Corporation has requested that the Board of Supervisors vacate and release the remaining portion of the existing 15' drainage easement through its property, in order to allow it to complete its sale of this property. The portion of the 15' easement to be vacated is shown hatched on Exhibit A attached hereto. An alternative drainage system has been established as part of the site development. FISCAL IMPACT: None (;--3 STAFF RECOMMENDATION: Staff recommends that the Board adopt the proposed ordinance~ 2 G--- 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8,2005 ORDINANCE TO VACATE A PORTION OF A 15-FOOT DRAINAGE EASEMENT ON PLAT ENTITLED 'SUBDIVISION OF THE ORCHARDS, SECTION 2, APPLEWOOD', PLAT BOOK 9, PAGE 112, AND FURTHER SHOWN AS "EXISTING 15' DRAINAGE EASEMENT (P.B. 9 PG. 112)" IN PLAT BOOK 13, PAGE 59, AND LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled 'SUBDIVISION OF THE ORCHARDS, SECTION 2, APPLEWOOD', dated September 14,1977, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 112, a fifteen-foot (151) drainage easement was shown and created on remaining property of F&W Community Development Corp., the subject easement being designated on said plat as "15' DRAINAGE EASEMENT"; and, WHEREAS, the subject easement is further shown and designated as "EXISTING 15' DRAINAGE EASEMENT (P.B. 9 PG. 112)", on plat entitled 'PLAT SHOWING NEW DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF ROANOKE...', dated July 31, 1990, and recorded in the aforesaid Clerk's Office in Plat Book 13, page 59; and WHEREAS, the Petitioner, F&W Community Development Corporation, is the current owner of the property designated on the Roanoke County Land Records as 40.01- 1-4, and has requested that the remaining portion of the above-described existing 15' drainage easement be vacated; and, WHEREAS, the construction of a proposed multi-family development will result in an encroachment on the subject drainage easement and the Petitioners have requested that it be vacated pursuant to § 15.2-2272.2 of the Code of Virginia (1950, as amended); and, c;.- .3 WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended); the public hearing and first reading of this ordinance was held on January 25, 2005 and the second reading of this ordinance was held on February 8, 2005 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of the existing drainage easement being designated and shown as "15 FOOT DRAINAGE EASEMENT TO BE VACATED" on Exhibit A attached hereto, said easement having been shown and designated as "15' DRAINAGE EASEMENT" on the subdivision plat entitled 'SUBDIVISION OF THE ORCHARDS, SECTION 2, APPLEWOOD', dated September 14, 1977, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 112, and further shown and designated as "EXISTING 15' DRAINAGE EASEMENT (P.B. 9 PG. 112)", on plat entitled 'PLAT SHOWING NEW DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF ROANOKE...', dated July 31,1990, and recorded in the aforesaid Clerk's Office in Plat Book 13, page 59, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 2 ,,~,.~ :? \J'- ...) 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). 3 c~ ¡> f~~· "c .p. '1' l ~' ./ . ~~:.~' ~ ~ .~3 "- ~ - '- --.... - ------- T¡7CI~NITY MAP,' ...... ~¿tP i'lO-L~TH l . ~{ ~~ '1 ~~ ~ 1}. '- .:. "- Stonnwater Management Easement '......"..~ ' ~ . , ~DPUIT) Of' ~ ~ \ . - ____~~." ~RUTH C D~~...~..: ~(ì,L~¡~ .....NE ~ '2~~ ~ ". BOlE. CO. T.Qí Ilœ~:'EL ~1'¡2 t^..& " , .. -~\~ . ~ "'\ '. . " ,\,~' . . ~ ~\ " nth. Ì\ ~. 'ð.\'&. ' . '1G SC~ l.~ .. ~ - ~, 'ô''¿ '..... , (~tJ\. ~~ . '..~- ~ ~ ' ... . ~~ , l ' ~;';p ., ~... 'I,{þt. {l;1'. . ~ S: --~"" - :-;.í\~ -=.1- ".. ~ " _ , ,.' . .'. f>~J¿ ~c~y._ I '. \"t.~' . Þ, (~v~:~ COCKS CREÐ(.... 1-"'ð', -' __ '. (AI'PROX- Lb:;..). \ ~:!.J 't'"~ ~ - . , . -- ..... .r~'f'. ' . ~!' i . ....LlQ; \C.L'~ " (i/ A. ' ~'{' ( . \' \\ T " " Sec. R. . '~~.7, , CUte " '~.90 .' ,iI J 003) I?~i/~~£t" J J G-ic'" 7 t-, ! ; ,C'c: COt . ....1~-\--¡r~J . :(~. 1ft ¡~ F. & \lV. COlTIIDUllity Developme11t COrp. Tax Map # 40.01-1-4 ~" ( \\ \\.,/--EXìSling 20' Drainage Easement /( .F DB.1650, PG. 304 \ Vi \, \, f I ~. . DFC ROa1101ce, LLC .:' Tax Map # 40.01-1-4.3 f,~ ' r¡ I· ~ . .~ å 'd. ~~,' DESCRJPTION: A 15 foot drainage easement (P .B. 9, PG. 112) and a combination of a 100 foot drainage easement and 15 foot drainage easement (D.B. 13, PG. 59) within the property (Tax Map No. 40.01-1-4) located betw"een Crutrlpacker Drive (VA. Sec Rte #781) and Conland Road (V A. Sec. Rte #1003). =...... .:~':. I..· ...._.1 .. ""'- PXHIBIT "A" ~ - ~ § ~' p:' ~ r~ tl ~ i! \"" .~~ ~ ~.. --------- .......-- _J ~\ I5-FOOT DRAINAGE EASEìvffiNT A.l~l}) A lOO-FOOT 1 DAAI1'fAGE E.L~SE1VrENT TO BE \/ACÞ~TED, l ~ j7 .t ~> ~- R O.r1l',ïO Á7 CO ç'p,Tn- DEP_4.RTMEllT OF COlYIMtll\rlft-. DEFELOPltfEJ.lT -==---~ __'1..-- ACTION NO. ITEM NO. tlJ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. League of Older Americans Advisory Council The one-year term of Beverly Eyerly will expire on March 31, 2005. T\-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8,2005 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I · CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for February 8, 2005, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3, inclusive. as follows: 1. Approval of minutes - January 24 and January 25, 2005 2. Request from schools to appropriate Medicaid funds in the amount of $81,300 3. Request to accept Millbridge Road and Stone Mill Drive into the state secondary system 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. 1 ACTION NO. -,: -a ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA ITEM: Request from schools to appropriate Medicaid funds in the amount of $81 ,300 SUBMITTED BY: Dr. Patricia Radcliffe Director of Special Education and Pupil Personnel Services Elmer C. Hodge ê f'l County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~/~ SUMMARY OF INFORMATION: Roanoke County Schools has started billing for direct services rendered to Medicaid eligible students. The 2004-2005 estimated revenue could be as much as $90,000. The costs associated with and the certification requirements of current personnel have increased due to Medicaid standards. The total appropriation request is $81,300. Included in this request are Medicaid related personnel costs totaling $57,800, I·icensure costs totaling $4,700, equipment costs totaling $13,100, and staff development costs totaling $5,700. FISCAL IMPACT: The school operating fund will be increased by an appropriation for Medicaid revenues in the amount of $81 ,300. AL TERNATIVES: None STAFF RECOMMENDATION: Staff recommends appropriation of Medicaid funds in the amount of $81 ,300. ACTION NO. ITEM NO. I·3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA ITEM: Request to accept Millbridge Road and Stone Mill Drive into the state secondary system SUBMITTED BY: Arnold Covey Director of Community Development Elmer C. Hodge ~8 County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~t7~ SUMMARY OF INFORMATION: BMW Development, LLC, developer of Woodbridge Sections 16 and 18, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation (VDOT) requesting that they accept 0.20 mi. of Millbridge Road from its intersection with Springmill Road east to its cul-de-sac and 0.17 mi. of Stone Mill Drive from its intersection with Millwheel Drive east to its intersection with the Salem City line near Queensmill Drive. Roanoke County staff has inspected this road, along with representatives from VDOT, and finds the road acceptable. FISCAL IMPACT: No County funding is required. ALTERNATIVES: 1. Approve the resolution requesting that VDOT accept Millbridge Road and Stone Mill Drive into the state secondary system 2. Do not approve the resolution and leave Millbridge Road and Stone Mill Drive a private road. --L -- 3 STAFF RECOMMENDATION: Staff recommends that the Board approve the resolution accepting Millbridge Road and Stone Mill Drive into the state secondary system. -L-3 THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 8TH DAY OF FEBRUARY, 2005, ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF MILLBRIDGE ROAD AND STONE MILL DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form SR-5(A), fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Reauirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: Yeas: Nays: A Copy Teste: Diane S. Childers, Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File Well Lot METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLA T REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURA TE BOUNDARY SURVEY. -1: 3 / / , .52 AC7 1921 / / / / 9 ~ !a tJ ;; ~ 1 .24 Ac. ~ ~ ~ ~ ~ ~ ~ 22A 21A 20A 19A 18A 17A /1 "... "... \" \ \ \ \ \ ~ , 0.56 Ac. , 2.07 Ac. ~ Length: 0.2044 Miles No. of Homes Served: 28 TAX MAP NO. 55.04 SCALE: 1"=200' PLAT SHOWING Acceptence of Millbridge Lane into the Virginia Department of Transportation Secondary System PREPARED BY: ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT DA T£: 11-19-04 .. .. . .~.~~. . ~t,~ ~~t I'.~ ~r;~1~ METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLA T REPRESENT A COMPOSITE OF DEEDS, PLA TS, AND CALCULA TED INFORMA TION AND DO NOT REFLECT AN ACCURA TE BOUNDARY SURVEY. ..""." r-3 19.86 Ac. 2 ~ Length: 0.1714 Miles No. of Homes Served: 18 TAX MAP NO. 56.01 1"=200' SCALE: PLAT SHOWING Acceptence of Stone Mill Drive into the Virginia Department of Transportation Secondary System PREPARED BY: ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT DA TE: 11-19-04 ~ è c:: :¡ 0 õ ü -\ c ctI E ..c 0 rei ~ .... :¿ :c cP -c; - en -- 0 E cP -... C1 en ~ c -C "i t: ¡; 0 C (.) 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Balance from above $11 ,808,285 $11,808,285 M-I % of General Fund Revenues 6.61 % 8.02% 8.02% Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 2004 - 2005 General Fund Revenues $147,255,793 6.25% of General Fund Revenues $9,203,487 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge êtl County Administrator COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES M-d '.·,.:~:·l-:'.:·æ.·.:·:·o.::U ty':>' Gap······· i tâ.' I;L:IR.:.·:· -e. . 'iš~ê ~ é- ~~. . i\.'". . . .. . .... .. .. . ;". /y.. ï'::'·~~~. . ,;..& (Projects not in the CIP, architectural/engineering selVices, and other one-time expenditures.) September 28, 2004 October 12, 2004 December 7, 2004 January 11 , 2005 Audited Balance at June 30, 2004 Remaining funds from completed projects at June 30, 2004 Transfer from Department Savings 2003-04 Appropriation for the Public Safety Building Project Appropriation for Regional Jail Facility Study Appropriation for refund to PFC, LLC for PPEA review fees Appropriation for tests and studies to review the Higginbotham Farms and the existing Roanoke County Jail as sites for the Regional Jail Facility. Balance at February 8, 2005 Amount $11 ,389,450.22 347,440.84 233,419.00 (6,110,540.00) (85,922.00) (501000.00) (250,000.00) $5,473,848.06 rvtäj êJi~i:ti~~I@ty: Capital'··.· Re's:ê;~~æ.~ \~,:,tt: (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Submitted By Approved By Appropriation from 2003-04 Operations Balance at February 8, 2005 Rebecca E. Owens Director of Finance Elmer C. Hodge County Administrator $1,416,838.00 $1,416,838.00 M-j RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2004-2005 Original Budget $100,000.00 September 28, 2004 Appropriation for professional services provided by (9,000.00) Chandler Planning October 12, 2004 Appropriation for Special Assistant for Legislative (18,000.00) Relations October 26, 2004 Appropriation for participation in a libarary study (29,700.00) with the City of Roanoke Balance at February 8, 2005 $43,300.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ¿1 J{ County Administrator ~,- 4 FUTURE CAPITAL PROJECTS COUNTY OF ROANOKE, VIRGINIA Savings from 1996-1997 debt budget $ 670,000 Transfer from County Capital Projects Fund 1 , 113,043 FY1997-1998 Original budget appropriation 2,000,000 Savings from 1997-1998 debt fund 321,772 FY1998-1999 Original budget appropriation 2,000,000 FY1999-2000 Original budget appropriation 2,000,000 Less increase in debt service (1,219,855) 780,145 Savings from 1998-1999 debt fund 495,363 FY2000-2001 Original budget appropriation 2,000,000 Less increase in debt service (1 ,801 ,579) 198,421 FY 2001-2002 Original budget appropriation 2,000,000 Less increase in debt service (465,400) Savings from 2001-02 debt fund 116,594 1 ,651 , 194 FY 2002-2003 Original budget appropriation 2,000,000 Less increase in debt service (2,592,125) (592,125) FY 2003-2004 Original budget appropriation 2,000,000 Less increase in debt service (2,202,725) (202,725) FY 2004-2005 Original budget appropriation 2,000,000 Less increase in debt service (4,192,701 ) (2,192,701 ) Balance at February 8, 2005 $ 6,242,387 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ê (j County Administrator ACTION NO. ITEM NO. M- 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA ITEM: Report from the Virginia Department of Transportation (VDOT) of changes to the secondary road system in Decem.ber 2004 SUBMITTED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge ¿L flc..~ County Administrator ' APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Attached is the list of all changes to the secondary system of state highways in Roanoke County approved by the Director of the Local Assistance Division in December 2004. All changes to the secondary system, with the exception of legal discontinuances, are effective the day they are approved by the Director of the Local Assistance Division. íY)-5 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VIRGINIA 23219-2000 PHILIP A. SHUCET COMMISSIONER MICHAEL A. ESTES, PE DIRECTOR LOCAL ASSISTANCE DIVISION January 24, 2005 Mr. Elmer C. Hodge Roanoke County PO Box 29800 Roanoke, VA 24018-0798 Dear Mr. Hodge: The enclosed report contains a list of all changes to the: Secondary System of State Highways in your county approved by the Director of the Local Assistance Division in December 2004. All changes to the Secondary System, with the exception of legal discontinuances, are effective the day they are approved by the Director of the Local Assistance Division. This date appears in the far right column of the monthly report. If you have any questions or comments about this report, please call Martin Law at 804-786-7399. 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' ¿; :),., ., ~ ' ~ ~ ~ H _r1 DECLARING FEBRUARY 18, 2005, AS VIRGINIA CHAPTER, NATIONAL ASSOCIATION OF POSTMASTERS OF THE UNITED STATES, RETIRED POSTMASTER DAY IN THE COUNTY OF ROANOKE WHEREAS, the Virginia Chapter, National Association of Postmasters of the United States are conducting their annual Executive Conference on February 17 through 20, 2005, at the Holiday Inn, Tanglewood, in Roanoke County; and WHEREAS, the Virginia Chapter wishes to honor the retired postmasters, the men and women who proudly served the United States Postal Service and their community for many years; and WHEREAS, these retired postmasters continue to be members of the Virginia Chapter, National Association of Postmasters of the United States, which is a group of individuals dedicated to serving the public; and WHEREAS, these retired postmasters have proven their dedication to their profession during their many years of service and continue to support the active postmasters across the State of Virginia by their attendance at the annual Executive Conference and by sharing their knowledge and job skills with the postmasters of today and the future; and WHEREAS, these retired postmasters continue to work to preserve universa\ service to all and to promote the United States Postal Service and postmasters everywhere. NOW, THEREFORE, I, Michael W. Altizer, Chairman of the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim February 18, 2005, as VIRGINIA CHAPTER, NATIONAL ASSOCIATION OF POSTMASTERS OF THE UNITED STATES, RETIRED POSTMASTER DAY in the County of Roanoke; and FURTHER, on behalf of the Board of Supervisors and its citizens, do express appreciation to each retired postmaster attending the Executive Conference and to Billy Martin, Retired Postmaster, Roanoke, Virginia, President of the Retired Postmasters, Virginia Chapter, National Association of Postmasters. ~J.~ Inukt Î4. ~ Michael W. Altizer, Chai man Diane S. Childers, Clerk ACTION NO. ITEM NO. 0- \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 Work session with Virginia Department of Transportation (VDOT) representatives to discuss US 220 safety improvement projects and the Merriman Road, Route 613, improvement project AGENDA ITEM: SUBMITTED BY: Arnold Covey Director of Community Development Elmer C. Hodge r j( County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This work session is an opportunity for staff of Virginia Department of Transportation (VDOT) to review with the Board of Supervisors the US 220 safety improvement projects and the Merriman Road, Route 613, improvement project (priority project #11 in the County's six-year secondary system construction plan and located in the Cave Spring magisterial District). VOOT staff will review comments received at the previously held citizen information meetings and be available to answer questions from the Board. ACTION NO. ITEM NO. O-:J... . AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA ITEM: Work session to discuss proposed changes to Section 19-4 of the Roanoke County Code to authorize a procedure for permits for street solicitation by qualified charitable organizations SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney Elmer C. Hodge E I:f County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the December 7, 2004 meeting, the Board held the first reading on the proposed amendments to the County's solicitation ordinance. At that time, it was the consensus of the Board to delay action on this item and schedule a work session on January 25, 2005 to further discuss the matter. The January 25 work session was subsequently postponed, and this time has been set aside to review the proposed amendments. A copy of the draft ordinance, which includes the proposed changes, is attached for review. o-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8,2005 ORDINANCE AMENDING AND RE-ENACTING SEC. 19-4, SOLICITING PROHIBITED DURING CERTAIN HOURS AND AT CERTAIN LOCATIONS AND ENACTING A NEW SECTION 19-28, PERMIT FOR STREET SOLICITATION OF ARTICLE II, CHAPTER 19, SOLICITORS AND SOLICITATIONS OF THE ROANOKE COUNTY CODE TO AUTHORIZE A PROCEDURE FOR PERMITS FOR STREET SOLICITATION BY QUALIFIED CHARITABLE ORGANIZATIONS WHEREAS, Section 19-4(b) of the Roanoke County Code currently makes it unlawful for any individual or representative of a charit~lBle organization to engage in solicitation, as defined by the County Code, from any occupant of a motor vehicle on a public road; and WHEREAS certain reputablp ~r¡4--1L\ o~ .~-lizations have requested an amendment to the Roanoke (,,... 'r'llJ S\. tu permit solicitation at intersections and other locations on ,puBlic roadb Ij . _lIed periods of time after filing an application, paying a fee and providing",the County with evidence of adequate insurance coverage and lega'l proof of theIr charita,þle status; and, WHEREAS, the first, readin,g of this ordinance was held on December 7, 2004, and the secend" reading and pUBlic hearing was held on February 8, 2004. BE IT ORD'AINE:D'by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Section 19-4. Soliciting prohibited during certain hours and at certain locations, of Article I., IN GENERAL, of Chapter 19, SOLICITORS AND SOLICITATIONS, of the Roanoke County Code be amended and re-enacted as follows: o-~. Sec. 19-4. Soliciting prohibited during certain hours and at certain locations. (a) It shall be unlawful for any person to engage in solicitation in the county at any time prior to 9:00 a.m. or after 9:00 p.m. (b) It shall be unlawful for any person to engage in solicitation from any operator or passenger of a motor vehicle that is in traffic on a public road without a permit for charitable solicitation from the County as outlin\éd in Article:<:l!,Sec. 19-21 to 19- 28, Roanoke County Code. A public road shall include the areas of the,m'edian and the public right-of-way along the curbside. 2. That Section 19-28. Permit for Street ~ J~, ~tation, of Article II, Permit for Charitable Solicitations, of Chapter 19, ~ -ITl ~ \N[) SOLICITATIONS, of the Roanoke County Code be enacter' . JII, ,r J; Sec. 19-28. Permit for \ \ ~ ~il .dtion. The prohibition on solicitin~from a vehicle on a public road set forth in Section 19-4(b), a'bove, does not apply to a charitable organization, and its authorized solicitors which has applied for and been issued a permit under this section and which is in compliance with all other provisions of this Chapter. In order to solicit contributions while standing in a public road, a charitable organization must comply with the following requirements: (1) Not less that thirty (30) days prior to the date desired for beginning solicitation, the charitable organization shall submit a complete application to the Clerk of the Board of Supervisors for a charitable solicitation permit. In addition to the information required by Sec. 19-22, the form shall require the charitable 2 O'-~ organization to provide its full name, the name, address and phone number of a local point of contact for the organization, the desired date(s), time(s) and specific location(s) for soliciting which shall be limited to not more than six (6) intersections with a traffic control signal light, the name, mailing address and phone number of each individual who will be engaged in solicitation activities on behalf of such charitable organization. Further the charitable organization shall provide an agreement or document whereby such organization shall indemnify the county, its officers, employees and agents, and hold the county, its officers, employees and agents, harmless from any and all claims, suits, demands, damages and attorney fees arising out of C' ~ 'Iated to the acts or omissions of individuals or entities soliciting for ~. -~a. 1t~ \n.The charitable organization shall have an ongoing'oblir . ¡tA ',Jr te .;.~ correct any information submitted in its applicatioh for a ~ til P /. mit so as to maintain all information in the county's posse'ssion as a...:curate. The county may require such additional or supplemental inforrT'lation as may be reasonably necessary to facilitate the direct enforcement of this sectionªnd the purposes of this Chapter. (2) When submitting a completed application to the County, the charitable organizàtion shan,;also submit the following: (a) Written proof of general commercial liability and property damage insurance coverage issued by a company authorized to conduct business in the Commonwealth of Virginia in the amount of not less than $ 1 ,000,000 per occurrence that insures the organization and all individuals and entities who may be soliciting on its behalf. The proof of insurance 3 o-~ shall include the Board of Supervisors of Roanoke County, Virginia, as an additional insured and must specify that the insurance is primary over any insurance which the County may carry or any provisions for self insurance by the county (b) An application permit fee in the amount of $ 100.00 shall be payable at the time the application is submJtted. This fee shall be used to defray the county's cost of processing the applicåtion and for insuring compliance with the conditions of any permit issued through monitoring of the public roads. An applicant will be notified in writing of the approval or denial of their request within fifteen (~~. days after the county's receipt of a completed application. W¡f.~ '~l '1\.. 's discretion, a portion of this fee may be refunderl· . . a t v dt p, . ;nit is denied. (c) Wn~"o 'b~.. the applicant organization is a charitable organization which t12S obtained qualification from the Internal Revenue Service as a Section 501© (3) entity under the Internal Revenue Code. (3) Additional solicitation activity restrictions shall include the following: (a) No more than one permit may be issued to an organization during each calendar year. Permits shall be valid for a period of ninety (90) days from the date of their issuance; (b) Solicitation upon a public road in the county pursuant to a permit shall be authorized for no more than four (4) consecutive calendar days, and shall be limited to the period from 9:00 a.m. until one half hour prior to sunset, at the approved location(s) specified in the application and permit;. 4 ()-;;t ....~ (c) Each individual solicitor shall have in his or her possession some form of official identification with a photograph, such as a driver's license and shall wear a high-visibility, reflective safety vest over their clothing at all times; (d) A copy of the organization's solicitation permit shall be maintained at each approved solicitation location; (e) All solicitors must be at leasf eighteen (18) years of age or older; and, (f) No solicitor may impede traffic at any time; touching a vehicle or reaching inside a vehicle without tr J ~onsent of the occupants of the vehicle shall be considered p' ~r1i~ \ró 'tic; (4) AdditionaLéon'dition~ ~ ... Or" ;; dr' \io. Jf éfnd>issuance of permits: (a) In addi\ "0 e. ~ ovisions of Sec. 19-24, an application for a solicitation permif u~lcter this section may be denied or revoked, in whole or in part, forthe following reasons: (i) A solicitation permit has been issued to a charitable organization, and is currently in force, for one or more of the interêE3êtions at which the applicant seeks permission to solicit; (II) In the opinion of the Chief of Police or his designee, approval of the solicitation permit at one or more of the requested intersections is determined to create a reasonable potential for injury to solicitors, other pedestrians or vehicle occupants or an unreasonable potential for disruption to normal traffic flow; 5 o~'\ ~~ (III) The applicant has made a false or materially misleading statement on the application form or in any response to information requested on behalf of the county; and (IV) A material violation of the solicitation permit granted under this Section or any action by the organ'ization or any individual solicitor acting in its behalf which creates a clear and immediate danger to public safety. (b) Issuance of any permit under this section shall not represent an endorsement by the County of any charitable organization that the permittee may represent nor any ir<~l 1tion of supervision of or control over the proceeds raise"e',by +, '''r~ +iL ,'s charitable solicitations. 3. That this ordinance shall bp' ....d i r' d "1ú ;fectfrom and after its adoption. 6 ACTION NO. ITEM NO. 0-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2005 AGENDA ITEM: Work session to discuss the Roanoke County Community (Comprehensive) Plan SUBMITTED BY: Paul M. Mahoney County Attorney SUMMARY OF INFORMATION: At its meeting on January 25, 2005, the Board requested this work session. Staff has prepared answers to various questions and concerns raised by the Board and the citizens at the public hearing on January 25. These questions or concerns and staff's responses are attached. After this meeting I requested the Board to provide me with any additional questions or concerns. The Board had no additional questions or concerns. The Board indicated it would act on the Community (Comprehensive) Plan revisions at its meeting scheduled for February 22, 2005. 1 0-3 Adeauate Public Facilities Ordinance (The Board requested an explanation of the meaning of an "adequate public facilities ordinance", which is referenced on page 3 of the Transportation chapter of the Plan.) An APF ordinance allows a locality to condition approval of a new development upon the availability of public facilities, such as roads, schools, water and sewer, emergency services and recreational facilities. It is a "timing device" that allows localities to fink the process for planning and capital improvements with the process for zoning and development approval. An APF ordinance is not a "no growth" tool. A locality cannot impose a moratorium on growth and development by refusing to provide necessary public facilities where demand exists or is anticipated. Localities may direct development according to their comprehensive plan. APF ordinance authority does not extend to the approval of specific development projects that have already received zoning approval, nor does it address problems with quality, diversity or type of development. An APF ordinance is different from impact fees or conditional zoning proffers, because they do not require a developer to pay for infrastructure improvements. A developer may voluntarily proffer cash or the construction of public facilities in order to ensure that the necessary infrastructure is available in a more time1y fashion or on a schedule more favorable to the developer. A critical element in determining adequacy is establishing the appropriate level of service for the public facilities (for roads, see pages 9-11 of the Transportation chapter; for emergency services, see response times; for education, see ratio of students to classrooms instead of a trailers). Another element is "concurrency", Le. that public services and facilities needed to support growth and development are available concurrently with the impact of that development. Concurrency requires coordination with the comprehensive plan, the capital improvement program and the development review and rezoning process. If a locality wants to coordinate development with infrastructure availability, it also has the responsibility to provide infrastructure in accordance with a consistent, coherent and rational development p1an. The Virginia General Assembly has not specifically granted the authority to adopt APF ordinances to its local governments. There are existing provisions in the State Code and favorable decisions by the Virginia Supreme Court that allow localities to coordinate development growth with the availability of public facilities. Other states have successfully utilized APF requirements. Reaional Jail and the Plan The regional jail is not addressed in the revisions to the 1998 Community Plan. The Board may address the regional jail and the comprehensive plan in anyone of three ways: 1 A-:;> V ....) 1) The regional jail is shown in the capital improvement plan (CIP). The CIP may be adopted as a component of the comprehensive plan (see Sections 15.2-2223 and 15.2- 2224 of the Code of Virginia). The Board may decide that this public facility is "substantially in accord with the adopted comprehensive plan or part thereof', as authorized under Sec. 15.2-2232, since it is shown in the capital improvement plan. Under Sec. 15.2-2232 the "general or approximate location, character and extent of each feature" must be shown on the comprehensive plan. "[E]ach feature" includes public areas, public buildings or other public structures. A regional jail is a "feature" that should be reflected in the comprehensive plan. Therefore although a component of the comprehensive plan may address a regional jail, the general or approximate location of the regional jail should also be shown, either in the narrative or on the future land use map or both. 2) The Board may decide to amend the comprehensive plan by including a reference to the regional jail, either in the text of the plan or on the map, or both, and proceed to adopt the amended plan. 3) Finally the Board could defer such action until the rezoning and special use permit application for the proposed regional jail site is submitted to it, and proceed to amend the plan at that time as part of that application review process. The Land Use Maps. the Plan and Tax Assessments (The Board inquired if the designation of land on the Future Land Use Map would result in a change in real estate tax assessments.) Designating certain properties on the Future Land Use Map does not immediately result in an increase in land values. With so many parcels possibly changing, appraisal staff would need to take into consideration the Principle of Substitution and/or and absorption rate. The Principal of Substitution says that the property value tends to be set by the cost of acquiring an equally desirable substitute. So the more desirable properties would be developed first. Also, there are only so many properties that can be absorbed into the market place for residential development at one time. This too would insure that not all parcels would increase in value because of designation by Future Land Use Map. The Principal of Balance which we are trying to acheive, would indicate that there is a proper mix of types or uses of property on the Future Land Use Map. A variety of factors influence tax assessments. Mr. Driver advised the Board that generally tax assessments are based upon the "highest and best ·use" principle in the appraisal of real estate. 2 D' ...- ~"- "\ 0"---" WhHe the Future Land Use Map may influence future rezoning decisions, the actual zoning of a parcel of real estate would have more effect upon its tax assessment than would its designation on the Future Land Use Map. Notice to landowners of chanaes on the Future Land Use MaD (The Board inquired about notice to landowners of any change in the designation of their real estate under the Future Land Use Map.) The County has not provided individual notice to landowners of proposed changes to the designation of their real estate on the Future Land Use Map. The County has provided the public with notice as mandated by the State Code and County Code. The County has gone beyond the bare minimum with numerous community meetings as well as published notices. Designation of real estate on the Future Land Use Map is significantly different from a change in zoning for the real estate. If a change in zoning is proposed, then far more specific notice requirements and due process standards are mandated under both State and County Codes. Approximately 6,000 acres or 6% of the total land area of Roanoke County are proposed for changes under the draft map, but these proposed changes in no way change the existing zoning or existing permitted uses of these properties. The Board should not confuse the difference between land use designations under the comprehensive plan and zoning classifications under the zoning ordinance. Water and sewer extensions, and the WVWA (The Board inquired about water and sewer extensions, the role of the role Western Virginia Water Authority in these extensions, and its relationship to the Plan.) When the Board approved the Operating Agreement in June, 2004, it included the following provision: Section 6.3 Extensions of the System. The Authority shall not construct, establish or authorize an extension of a water or sewer transmission line that will provide multiple individual service lines or laterals, nor construct, establish or authorize any pump station or sewer force mains, unless that extension, pump station or force main is specifically approved by the City or County as being substantially in accord with that locality's adopted comprehensive plan as provided in Section 15.2-2232 of the Code of Virginia. This provision requires the WVWA to comply with the County's Comprehensive Plan through the mechanism of a Sec. 15.2-2232 review (compliance and consistency with 3 O-? ..--.J the adopted comprehensive plan). Therefore any such major public utility extension must first be approved by the Board of Supervisors. Role of Private Roads Currently, the County does allow the establishment of private roads in cluster developments, planned residential developments (PRO's), and multifamily dwelling units. As part of the revisions to the 1998 Community Plan, we have discussed developing private road standards for very large lot rural development (see page 7 of the Growth Management element of the revised Plan). As was briefly discussed at the recently held Public Hearing for the Community Plan, VDOT has notified the County that they are re-evaluating each county's eligibility to participate in the Rural Addition Program. The County's eligibility, as determined by VDOT in consultation with the Office of the Attorney General, will be based on our adherence to the Code of Virginia, specifically Sec. 33.1-72.1. The Salem Residency of VDOT has notified us that our Subdivision Ordinance does not meet their requirements because we do allow private road subdivisions and/or we allow roads to be built to private standards; as opposed to all streets meeting or exceeding the minimum VDOT standards. We have been and will continue to deliberate this interpretation with VDOT. Upon reaching a clearer understanding with VDOT, we plan on presenting this information to the Board. At that time, the Board may be faced with choices with potential major implications to the County's Subdivision Ordinance, Community Plan, and/or the allocation of secondary road funds from the Commonwealth. Future Land Use Desianation of Certain Tracts in the Hollins and Catawba Districts A citizen raised questions about the future land use designation of certain tracts in the Hollins and Catawba districts; the Bach and Newbern tract, and Loch Haven Lake properties. The Bach and Newbern tract is a 35-acre parcel that lies east of Enon Drive, south of Interstate Route 81, and west of Plantation Road. The Bach and Newbern tract is zoned C2 Conditional, and designated as Principal Industrial on the future land use map. The 1985 and 1998 Roanoke County Comprehensive (Community) Plan designated this property as Principal Industrial. In both plans, all of the properties surrounding the Plantation Road, 1-81 interchange was designated Principal Industrial. In 2000, the Future Land Use map was updated around three 1-81 interchanges. Amendments to the Plantation Road/I-81 interchange area included changing the future land use designation from Principal Industrial to Core (commercial) for certain street frontage properties on Plantation Road and Carvin Street. The land use designation for the Bach and Newbern tract was not changed in 2000. If the Board of Supervisors desires to change the future land use designation on the Bach and Newbern property, a logical change would be to Core. The existing zoning is 4 0- ~" ---> C2 Conditional and the property is being marketed for commercial use(s). A change from Principal Industrial to Core would be supported by the Economic Development and Community Development departments. The Loch Haven Lake properties are a group of parcels, some surrounding Loch Haven Lake, and some fronting on Loch Haven Drive. The properties surrounding the lake are designated Rural Preserve. In the current update, no change is proposed to the Rural Preserve designation. The properties fronting on Loch Haven Drive are designated Development. In the current update, a change from Development to Transition designation is proposed for the properties fronting on Loch Haven Drive. The change to the Transition designation was proposed by County Staff and the Board of Supervisors due to the proximity of the properties to 1-81. Staff is not recommending any further adjustments to either the Rural Preserve designation or the proposed Transition designation on the Loch Haven Lake properties. 5 q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8,2005 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia.