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Home My WebLink About7/12/2005 - Regular Roanoke County Board of Supervisors Agenda .July 12,2005 Good afternoon and welcome to our meeting for July 12, 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 Thursday at 7:00 p.m. and on Saturday 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: Father Dean Nastos Holy Trinity Greek Orthodox 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 D. BRIEFINGS E. NEW BUSINESS 1. Request for approval to enter into an option to purchase a 6.28 acre tract of land adjoining Oak Grove Elementary School property, Windsor Hills Magisterial District. (Diane Hyatt, Chief Financial Officer) F. FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing the vacation of four existing 15 foot drainage easements within the proposed development of Cherokee Hills, Section 4, Catawba Magisterial District. (Arnold Covey, Director of Community Development) 1 G. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing the conveyance of an easement to Roanoke Gas Company through property owned by the Roanoke County Board of Supervisors at Merriman/Starkey Park to provide for the extension of natural gas service to the Mason's Crest Subdivision, Cave Spring Magisterial District. (Pete Haislip, Director of Parks, Recreation and Tourism) 2. Second reading of an ordinance authorizing the conveyance of an easement to Cox Communications through property owned by the Roanoke County Board of Supervisors at Merriman/Starkey Park to provide for the extension of cable television, internet, and telephone service for the benefit of Cox Communications and the Mason's Crest Subdivision, Cave Spring Magisterial District. (Pete Haislip, Director of Parks, Recreation and Tourism) H. APPOINTMENTS 1. Social Services Advisory Board (Appointed by District) 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 - June 28, 2005 2. Resolution of appreciation upon the retirement of Robert L. Powers, Parks, Recreation and Tourism Department, after six years of service 3. Request from schools to appropriate fees in the amount of $2,660 from the Summer Specialty Center Programs 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 2 4. Future Capital Projects 5. Jail Study Costs Report 6. Proclamation signed by the Chairman N. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph P. McNamara 2. Joseph B. Church 3. Michael A. Wray 4. Richard C. Flora 5. Michael W. Altizer O. WORK SESSIONS (4th Floor Conference Room) 1. Work session to discuss the development of a master plan for the Department of Parks, Recreation & Tourism. (Pete Haislip, Director of Parks, Recreation and Tourism) 2. Work session to discuss the development of a master plan for public facilities. (Elmer Hodge, County Administrator; Arnold Covey, Director of Community Development; and Joel Shelton, Administration Intern) 3. Work session on ordinances amending the Roanoke County Code, Chapter 13. Offenses - Miscellaneous and Chapter 30. Zoning Ordinance regulating adult businesses. (Paul Mahoney, County Attorney) P. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (30) discussion of the award of a public contract involving the expenditure of public funds and discussion of the terms or scope of such contract, where discussion in open session would adversely affect the bargaining position or negotiating strategy of the public body, namely an incentives and performance agreement with Hollins Hospitality, LLC; and Section 2.2-3711 A (5) discussion concerning prospective business or industry where no previous announcement had been made. Q. CERTIFICATION RESOLUTION R. ADJOURNMENT 3 ACTION NO. ITEM NO. F -I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 12, 2005 Request for Approval to Enter into an Option to Purchase a 6.28 Acre Tract of land, Tax Parcel 67-18-1-14, adjoining Oak Grove Elementary School property, Windsor Hills Magisterial District AGENDA ITEM: SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Elmer Hodge ~ ~ County Administrator APPROVED BY: COUNTY ADMINISTRAT~TS;¡~ SUMMARY OF INFORMATION: The County of Roanoke was recently approached by John Parker, to see if we had an interest in purchasing a 6.28 acre parcel of land, Tax Parcel 67.18-1-14. This property adjoins the Oak Grove School property and the park area maintained by the County Parks & Recreation department. Staff has visited the property and thinks that there is great potential for this site for a future County use. The growing need for County facilities in Southwest County, and the shortage of available large acreage in this area make this property a good investment. The County is currently in the process of analyzing and ranking sites for a new library in Southwest County. This site is one often sites that they are currently reviewing. The site also has potential for use by Parks and Recreation, or for school purposes. The property is zoned R-2, high density residential. It could be used for school or park purposes with the current zoning. Library usage would require a rezoning. The Capital Improvements Plan that the Board has adopted endorses the concept of land- banking parcels across the County for future public uses. The purchase of this property would fit into this concept. Staffwould like approval to enter into an Option to Purchase on this property, for an option Ë:- I fee of $5,000, which would allow us to do the necessary testing of the site. We will return to the Board, after the testing is completed, for approval to purchase the property. If approved, the $5,000 would apply to the purchase price of $275,000. FISCAL IMPACT: Funds are available for the $5,000 option in the 2005-06 Capital Fund. STAFF RECOMMENDATION: Staff recommends that the Board approve the Option to Purchase Agreement, and authorize the County Administrator to execute it upon its behalf, all upon form approved by the County Attorney. / \ /~ \ / ~ \ / , \ ////~/ "'\\\ / .... , h······· (' Í<.~ ..... 00 \~/ ~> ')~; ~ ~ \ ~:::.>:, c'" ," ~i¡,;~ ~ " " ~ ''''- \ ß<···~-' §. \, ¡ßi\ ~ \ \ ..,/ '''''és /' \ ..----- \ _",'''/ v ,,¡"'~ \ ".--------- \ / ..~ \ ' \ \ ~.</ '% ~\\ 'y;..~ ,,0, <~\ ,,:, \ ::..;::.:.:./. /^ ~. ~ ., \ \ 'Do., _.......<"", ~"'" "'-, l' \ '\-P\ 0<6" .~... 'QQ,S'g \ '{, 8 ~"" \ ", ", ~I t 7/ \;% \ /~ __~~~..<~(~",," \\ ' Allstate '~:,";M" Bldg. 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ITEM NO. _F - \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 12, 2005 First reading of an ordinance authorizing the vacation of four existing 15 foot drainage easements within the proposed development of Cherokee Hills, Section 4, Catawba Magisterial District AGENDA ITEM: SUBMITTED BY: Arnold Covey Director of Community Development Elmer C. Hodge ~ I~~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~~ SUMMARY OF INFORMATION: The petitioner, Townside Construction Co., Inc., has generated subdivision plans for Cherokee Hills, Section 4, that will encompass the subject 15 foot drainage easements. Two of the original easements are shown on the plat of Cherokee Hills, Section 1, dated May 8,1974, and recorded in Plat Book 9, page 59. The other two easements are shown on the plat of Cherokee Hills, Section 2, dated March 12, 1979, and recorded in Plat Book 9, page 131. The first two easements are located at the current terminus of Arrowhead Drive as shown on Exhibit A. Portions of these easements are within the proposed right-of- way for a street to be accepted into the State Secondary Road System. The Virginia Department of Transportation (VDOT) requires that the right-of-way be free and clear of any third party rights or encumbrances. Portions of the subject easements would also encumber proposed dwelling lots. The vacation of the subject easements will be necessary for Cherokee Hills, Section 4, to be developed as planned. The drainage that these easements were handling in the past will be controlled by new easements that will be dedicated by the plat for Cherokee Hills, Section 4, which will direct the drainage to the new stormwater management pond. The attached Exhibit A titled "Map Showing Vacation of Drainage Easements for Townside Construction Co., Inc." illustrates the four easements to be vacated. r/I FISCAL IMPACT: The developer of Cherokee Hills, Section 4, Townside Construction Co., Inc., shall be responsible for all fees associated with the vacation of the 15 foot drainage easements ALTERNATIVES: 1. Adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for vacation of the four existing 15 foot drainage easements within the boundaries of the proposed Cherokee Hills, Section 4, subdivision plan. 2. Decline to adopt the proposed ordinance. STAFF RECOMMENDATION: County staff recommends that the Board of Supervisors adopt the proposed ordinance as provided in Alternative 1. 2 F- J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 12, 2005 ORDINANCE TO VACATE A 15' DRAINAGE EASEMENT DEDICATED ACROSS LOT 11, BLOCK 5, AND A 15' DRAINAGE EASEMENT SHOWN EXTENDING FROM ARROWHEAD DRIVE, BOTH ON PLAT OF SECTION 2, CHEROKEE HILLS, PLAT BOOK 9, PAGE 131, AND TO VACATE TWO 15' DRAINAGE EASEMENTS SHOWN ON PLAT OF SECTION 1 OF CHEROKEE HILLS, PLAT BOOK 9, PAGE 59, LOCATED IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, by "Map of Section NO.2 of Cherokee Hills" dated 12 March 1979, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 131, a 15' drainage easement was dedicated on Lot 11, Block 5, the subject easement being designated on said plat as "15' D.E.," and a 15' drainage easement was shown extending from Arrowhead Drive, the subject easement being designated on said plat as "15' drainage easement"; and WHEREAS, by "Map of Section No.1 of Cherokee Hills" dated 8 May 1974, and recorded in the above-mentioned Clerk's Office in Plat Book 9, page 59, two 15' drainage easements were shown and located on the remaining property of Cherokee Hills Associates, the subject easements being designated on said plat as "CL Hollow is CL 15' D.E."; and WHEREAS, the subject easements are further shown on "Map Showing Vacation of Drainage Easements for Townside Construction Co., Inc. situate on 31.499 acre tract being a portion of 84.603 acres (PB 28, page 37) and Lot 11, Block 5, Section 2, Cherokee Hills (PB9, page 131) and Section 1, Cherokee Hills (PB9, PG59) Adjoining Cherokee Hills and Glenvar Heights" and designated as "15' D.E. To Be Vacated"; and F- I WHEREAS, the Petitioner, Townside Construction Co., Inc., is the current owner of the above-mentioned 31.499 acre tract of real estate, said real estate being a portion of Tax Map #54.04-5-1; and WHEREAS, Townside Construction Co., Inc. has generated subdivision plans for Section 4 of Cherokee Hills that will encompass the subject 15' drainage easements and the subject drainage easements are no longer required and Petitioner has requested that said easements be vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended); 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 § 15.2-2204 of the 1950 Code of Virginia, as amended, and the first reading of this ordinance was held on July 12, 2005, and the public hearing and second reading of this ordinance was held on July 26, 2005. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1. That drainage easements being designated and shown as "15' D.E. To Be Vacated" on Exhibit A attached hereto, said easements having been shown and dedicated on "Map of Section No. 2 of Cherokee Hills" dated 12 March 1979, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book 9, page 131, be, and hereby are, vacated pursuant to § 15.2-2272 of the 1950 Code of Virginia, as amended; and 2 r-I 2. That drainage easements being designated and shown as "15' D.E. To Be Vacated" on Exhibit A attached hereto, said easements having been shown on "Map of Section No. 1 of Cherokee Hills" dated 8 May 1974, and recorded in the above- mentioned Clerk's Office in Plat Book 9, page 59, be, and hereby are, vacated pursuant to § 15.2-2272 of the 1950 Code of Virginia, as amended; and 3. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 4. 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. 5. 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 above-mentioned Clerk's Office in accordance with § 15.2-2272 of the 1950 Code of Virginia, as amended. 3 i !I i ¡ W i'l ,I ¡I_ ill" .. , I q I .. ~, . .. CD !¿ ~~, i , ~i:~; & ~n ~ ¡: , ~!.II:I In'IJ 1!lí!äí! III III ~IiEt'§!iI ¡ JI,II~ ~j!~=:; § I ¡ h;:;cat: I, h~;';;l"liâ :0 .-. !J:w~ ~a IJ VI I "0 ,,~ 01 ~ J1 ~ S:s. i ,., :< r.t~ ;¡ .. . -I :!'If" ." N ....9...c_. Ç) 0 JO'JO . I'" I~i~ I '" v }!Q!LlX3 I -J :::J ~i ..III m O.!' I~E i¡ ~ ."....--: .-'~.o "g' 0 0~~~~1ß" 1J ž VI :-< ~~~I~~~ i~l;iil¡ i . 'Iii z 9 ACTION NO. ITEM NO. 1'""'\ \ \7- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 12, 2005 Second reading of an ordinance authorizing the conveyance of an easement to Roanoke Gas Company through property owned by the Roanoke County Board of Supervisors at Merriman/Starkey Park to provide for the extension of natural gas service to the Mason's Crest Subdivision, Cave Spring Magisterial District AGENDA ITEM: SUBMITTED BY: Pete Haislip Director of Parks, Recreation and Tourism Elmer C. Hodge ~ f/~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke Gas Company is requesting that the Board of Supervisors convey the following easement for the purpose of extending natural gas service across property owned by the County at Merriman/Starkey Park to the previously approved Mason's Crest subdivision currently under construction by Radford Homes: A new 10' wide gas line easement containing 7,359 sq. ft. across property owned by the County at Merriman/Starkey Park and designated as Tax Map No. 97.01-02-13. Staff has met on site and has approved the easement location as identified on the attached plat. In addition, the Roanoke Gas Company has reviewed this proposal and has indicated that it will accept this conveyance for purposes of this development. Staff has determined the fair market value of this easement is $1,917.75 based on the standard formula of 40% of assessed value of the land requested (7,359 sq. ft.). G-i FISCAL IMPACT: The fair market value of this easement is $1,917.75. These funds will be placed in the Parks and Recreation capital maintenance fund to be used for improvements at Merriman/Starkey Park. AL TERNATIVES: 1. Authorize the conveyance of an easement to Roanoke Gas Company for the purpose of the extension of natural gas service across property owned by the County at Merriman/Starkey Park and appropriate payment of $1,917.75 to the Parks and Recreation capital maintenance fund. STAFF RECOMMENDATION: Staff recommends Alternative 1; authorize the conveyance of an easement to Roanoke Gas Company for the purpose of the extension of natural gas service across property owned by the County at Merriman/Starkey Park and appropriate payment of $1 ,917.75 to the Parks and Recreation capital maintenance fund. 2 G- \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JULY 12, 2005 ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO THE ROANOKE GAS COMPANY THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS AT MERRIMAN/STARKEY PARK (TAX MAP NO. 97.01-2-13) TO PROVIDE FOR THE EXTENSION OF NATURAL GAS SERVICE FOR THE DEVELOPMENT OF THE MASON'S CREST PROJECT BY RADFORD HOMES, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a parcel of land containing 14.2 acres off Merriman Road in the County of Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map No. 97.01-2-13; and, WHEREAS, Roanoke Gas Company has requested the conveyance of an easement across this property to provide for the extension of natural gas service for the development of the Mason's Crest Project by Radford Homes; 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 June 28, 2005; and the second reading was held on July 12, 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 Roanoke Gas · . G- \ Company for the extension of natural gas service for the development of the Mason's Crest project by Radford Homes. 2. That conveyance to the Roanoke Gas Company of a gas line easement as shown and described as "New 10' Gas Line Easement" (7,359 sq. ft.) on a plat entitled "Plat showing New 10' Gas Line Easement being granted by Roanoke County Board of Supervisors to Roanoke Gas Company.. . Situated on Tax #97.01-2-13 (DB 1123, PG. 531) Cave Spring Magisterial District" prepared by Lumsden Associates, P. C., dated June 7, 2005, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts the payment of $1,917.75 as fair market value compensation for this easement and that this sum is appropriated to the Parks and Recreation Capital Maintenance Fund. 4. 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. '" Exhibit A /,,- \ " .'" '\~~ ~EX. 20' w.~t,~ de s.s£. .. :: e!!.. IS, PG. I r... ~. '...... '. -- '~ " '\' TAX~-02-17:~ \ \"", JEFFREY A. cfc MARJORIE K.~ CRAIGHEAD 0.8. 1498, PG. II~ , ,~) LEGEND: CA TV CA8LE TELEVISION R/W RIGHT-OF-WAY 0.8. DEED 800K P.B. PLA T BOOK PG. PAGE ~~ \~ \, \\ ~\ TAX #97.01-02-13 ~~ ~ .J:~.\ '\ \ \ PROPERTY OF ~û.' ~ ~-;: . . ROANOKE COUNTY BOARD -~ ~ ~ .ðJ,.'£. '. . ~. ~ \ \ OF SUPERVISORS ~~«:P-?- "" ~~9\ \ D.B. 1123. PG. 531 @ -" 0-" ~ ~ (RKE. co. PUBLIC SfRVlCE AUTHORITY) A= 24''28'00" "'" .,.., '9), I 17291 AC ~,~_ \-Z- , ',~ \ \ " G9 R= 19J4.86 ~~ .... ,~\ r", 419.51 '1'¡..~ :¿,~_ " ~__ \ \ ___ G8 I L= 826.2J '1' .~.~ ""'~' IT ------- - BRG. S J"58'J4" E "" '-.....:......: - - J I CHD. 819.~~ \ \ \ì - - ~O: ;A~~;ESSŒ - ~ ::d ::d \ \ \ \ NAIURAL GAS CO. EASEMENI G7 ~::d~ " ..', lO.B. 772, PG. 457 'I CI 4''fr .' NEW 10'___ ~ . 0-. \' GASLlNE [;;; ::d ~d,;. . \.. EASEIlENT if C1 S ~ '. 20' WAlERUNE pca POI.E . EAS£MEN I G6 ¡J49-2006 ..1.ç.... NEW 10' ''6> ~ CATV " ~ G5 \'1 EASEKENT ~ .'\~ CEN1ERUNE UF~ .& ~ \ '\ NE..W /0' CASLlNE de' cl :ctt ú'l> 1>90 ". \: ~À ~ EASEMENts ~ ~"'¡.?:t... ~A \ ~& ---. G2 G3 . ~.~\J' . -'- ~ d. ---. '<!> OA ~ '!'d 'V. GI ,.¢ .,.., 'r'· ~ '1.p~~ .\'\ 581"0237 .~¡. ~ 186.65(l1fJr/lflrERJ.l({[ 'f. Œ' fASEMENlSJ '!À i j "Ni}'~";"Alt~ ~ PLA T SHOWING NEW 'Ç. 10' GASUNE EASEMENT ~ BEING GRANTED BY ROANOKE COUNTY BOARD OF SUPERVISORS TO ROANOKE GAS COMPANY AND A NEW 10' CA TV EASEMENT BEING GRANTED BY ROANOKE COUNTY BOARD OF SUPERVISORS TO COX COMMUNICATIONS SITUATED ON TAX #97.01-02-13 (DB. 1123, PG. 531) CA \1£ SPRING MAGlSÆRIAL DISTRICT ROANOKE COUNTY. VIRGINIA lAX 197.01-02-11 ROANOKE COUNTY 80ARD OF SUPERVISORS 0.8. 16J4, PG. 1852 P.8. 22, PC. 97 \ TAX 197.0/-02-/2 STARKEY PROPERTIES, LLC 'PLASIICS ONE" INsmUMENT 1200401547 P.8. 22, PG. 97 è!; g; ~ '2 j!;R: ~j!; ",8 i.'5~~ ~~~ ~:;,: I~ .i}: <0 ,",< ~ ¡g Vj I ~ WE 61-62 G2-fß G.J-Qf 6f-G5 G5-CI NOTES: I. THIS PiAT WAS. PREPARED I'rfTHOUT THE 8ENEAT OF A CURRENT TIM REPORT ANG THERE MAY EXIST EASEMENTS THAT ARE NOT SHOWN HEREON. 2. THE WIDIT OF 11iJS PlAT IS TO CREATE: A NEW 10' GASUNE EASEMENT AND A NEW to' CABLE JllEVlSlON EASEMENT ACROSS TAX 197.01-02-IJ. J. THIS PLAT DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4, NO PHYSICAL IMPRQmJENTS ARE SHOWN FOR CLARITY PURPOSES. 5. FOR MERRIMAN ROAD RIGHT-OF-WAY TAKING SEE 0.8. 1006, PC. 261. 6. mE NEW 10' CASUNE fASEMENT AND THE NEW to' CABLE TfifVfSlON EASEMENT SHOIfN HEREON OVERLAP EACH OTHER FROM CfNl£RUN£ POINTS GI mROOGH G.5, INCLUSIVE, Q\£R AN ARfA ()f J.096 s,F. 03-164 LUMSDEN ASSOCJATES, P.c. ENG! N EERS-SUR V EYORS-PLANNERS ROANOKE, VIRGINIA DATE, June 7, 2005 SCALE: 1" =200' COMM. NO.: PHONE: (540) 774·4411 FAX: (540) 772-9445 E·MAIL: MAIL@LUMSDENPC.COM 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: July 12, 2005 AGENDA ITEM: Second reading of an ordinance authorizing the conveyance of an easement to Cox Communications through property owned by the Roanoke County Board of Supervisors at Merriman/Starkey Park to provide for the extension of cable television, internet, and telephone service for the benefit of Cox Communications and the Mason's Crest Subdivision, Cave Spring Magisterial District SUBMITTED BY: Pete Haislip Director of Parks, Recreation and Tourism Elmer C. Hodge ~ J/')~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: Cox Communications is requesting that the Board of Supervisors convey the following easement for the purpose of extending cable television, internet, and telephone service across property owned by the County at Merriman/Starkey Park to the previously approved Mason's Crest subdivision currently under construction by Radford Homes: A new 10' wide CATV easement containing 3,936 sq. ft. across property owned by the County at Merriman/Starkey Park and designated as Tax Map No. 97.01-02-13. Staff has met on site and has approved the easement location as identified on the attached plat. In addition, the Cox Communications has reviewed this proposal and has indicated that it will accept this conveyance for purposes of this development. G-~ Staff, utilizing the Roanoke County standard formula of 40% of assessed value of the easement requested (3,936 sq. ft.), has determined the fair market value of this easement is $1,025.72. FISCAL IMPACT: The fair market value of this easement is 1,025.72. These funds will be placed jn the Parks and Recreation capital maintenance fund to be used for improvements at Merriman/Starkey Park. AL TERNATIVES: 1. Authorize the conveyance of an easement for the purpose of the extension of cable television, internet and telephone service across property owned by the County at Merriman/Starkey Park for the benefit of Cox Communications and appropriate fair market value payment of $1 ,025.72 to the Parks and Recreation capital maintenance fund. STAFF RECOMMENDATION: Staff recommends Alternative 1; authorize the conveyance of an easement for the purpose of the extension of cable television, internet, and telephone service across property owned by the County at Merriman/Starkey Park for the benefit of Cox Communications and appropriate fair market value payment of $1,025.72 to the Parks and Recreation capital maintenance fund. 2 \ \.j"'- cJ.... AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JULY 12,2005 ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO COX COMMUNICATIONS ROANOKE THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS AT MERRIMAN/STARKEY PARK (TAX MAP NO. 97.01-2-13) TO PROVIDE FOR THE EXTENSION OF CATV SERVICE FOR THE DEVELOPMENT OF THE MASON'S CREST PROJECT BY RADFORD HOMES, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a parcel of land containing 14.2 acres off Merriman Road in the County of Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map No. 97.01-2-13; and, WHEREAS, Cox Communications Roanoke has requested the conveyance of an easement across this property to provide for the extension of CATV service for the development of the Mason's Crest Project by Radford Homes; 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 June 28,2005; and the second reading was held on July 12, 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 Cox Communications Cr'- ).. Roanoke for the extension of CATV service for the development of the Mason's Crest project by Radford Homes. 2. That conveyance to Cox Communications Roanoke of a CATV easement as shown and described as ". . . New 10' CATV Easement" (3,936 sq. ft.) on a plat entitled "Plat showing. . . New 10' CATV Easement being granted by Roanoke County Board of Supervisors to Cox Communications Situated on Tax #97.01-2-13 (DB 1123, PG. 531) Cave Spring Magisterial District" prepared by Lumsden Associates, P. C., dated June 7, 2005, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts the payment of $1,025.72 as fair market value compensation for this easement and that this sum is appropriated to the Parks and Recreation Capital Maintenance Fund. 4. 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. .... PLA T SHOWING NEW 10' GASLINE EASEMENT BEING GRANTED BY ROANOKE COUNTY BOARD OF SUPERVISORS TO ROANOKE GAS COMPANY AND A NEW 10' CATV EASEMENT BEING GRANÆD BY ROANOKE COUNTY BOARD OF SUPERVISORS TO COX COMMUNICATIONS SITUAÆD ON TAX #97.01-02-13 (D.B. 1123, PG. 531) CA VE SPRING MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA . , "\,>" fJ;EX. 20' ·w.~É'~ _ de S.S.E. , -_ E!!' 15. PG. I ". ~. -...... '. -- '~ " '\" TAX~-02-17:~ \ \ '\. JEFFREY A. & MARJORIE K.,\ CRAIGHEAD :\ 0.8. 1498, PG. II~ \ , TAX 191.01-02-11 ROANOKE COUNTY BOARD OF SUPERVISORS D.B, 1634, PG. 1852 P.B. 22, PG. 91 \ TAX 191.01-02-/2 STARKEY PROPERnES, LLC "PLASIICS ONE" INSmUMENT 120040/541 P.8. 22, PC. 91 \~ \, \\ -z-, , ~~~~~ ~ \ .p..? 90 ¡P.¡p, '<G1~~ % 1;'...'-Þ -'). <.PO'*' .-ó~ '~fv ~~- '1' .~_ ';;.. .z. .... . . . . . . CENTERLINE OF NEW 10' GASLINE EASEMENT UHf ct-C2 GZ-c:J GJ-G4 Gf-G5 G5-fJ6 Ct}-Ql (Jl-fJiJ 68-69 DlSrNiŒ 6 ' , CENTERLINE OF NEW 10' Cj.TV nsmŒNT UN£ BfJ.RJN(J O/STAHŒ Gt-G2 G2-GJ GJ-Çf 6f-GS G5-CI LEGEND: CA TV CABLE TELEVISION R/W RlGHT-OF-WA Y D.B. DEED BOOK P.B. PLA T BOOK PG. PAGE NOTES: I, THIS PLAT WAS.PRf.PARW ftl1HOUT THE BENEFIT or A CURReNT nliE REPORT ANO lliER£ MAY eXIST CASEMENTS THAT ARE NOT SHO'MI HEREON. 2. THE INlfNT or "(HIS PLAT IS TO CREATE A NEW 10'CASI1NE EASEMENT AND A NEW 10' CABLE m.Ewsrcw EASEMENT ACROSS TAX /97.01-02-13. J. THIS PLAT lJ()fS NQr CONSnTUTE A BOUNDARY SIJRi£Y. 4. NO PHYSICAl. IMPROID.IENJS ARE SHOWN FOR CLARITY PURPOSES. 5. FOR MERRIMAN RQAa RIGHT-OF-WAY TAKING SEE 0.8. 1006. PC. 261. 6. THE NElli to' GASLlNE fASEMENT AND mE NEW /0' CABLE TELHfSlON EASEMENT SHOKN HCREON O'ÆRLAP tAŒ OTHER fROM cmÆRUNf POINTS G1 1HROOGH G5, fNCLUSlVf, QIDi AN ARfA (F J,096 5.F. DATE. LUMSDEN ASSOCIATES, P.c. ENGI NEERS-SUR VE YORS-PLANNERS ROANOKE, VIRGINIA June 7, 2005 SCALE: 1" = 200' COMM. NO., 03-164 4664 ElRMlBlHON AVENUE P.O. BOX 20669 ROANOKE. VIRGINIA 2401 B Exhibit A -,'. ~ ~ Q- ¡;;~ l15~ ig~ ~~~ I~ š ~ .~ ;!? T @ A= 24'28'00" R= 19J4.86 T= 419.51 L= 826.2J BRG. S J'58'J4" E CHO. 819.!:.~ ~~ Cl =~ ~ E;;J~ C1 30 pca POlE Ë; PHONE: (HI)) 114-4411 fAil, IS40} 172.')445 E·MAll, MAll@lUMSmNPc.cOM ACTION NO. ITEM NO. --H- \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 12, 2005 Appointments to Committees, Commissions and Boards AGENDA ITEM: SUBMITTED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge ct::.- ~~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Social Services Advisory Board (Appointed by District) The following four-year terms will expire on August 1, 2005: Dorothy Barr, Catawba District; Dorothy "Dot" Hayes, Hollins District; and Natalie Norris, Cave Spring District. TI-'3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 12, 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 July 12, 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 - June 28, 2005 2. Resolution of appreciation upon the retirement of Robert L. Powers, Parks, Recreation and Tourism Department, after six years of service 3. Request from schools to appropriate fees in the amount of $2,660 from the Summer Specialty Center Programs 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. ITEM NO. I- d-... AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 12, 2005 AGENDA ITEM: Resolution of appreciation upon the retirement Robert L. Powers, Parks, Recreation & Tourism Department, after six years of service SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board Elmer C. Hodge 1'/1 County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Mr. Robert L. Powers retired on July 1, 2005 after six years of service. He has requested that his resolution be mailed since he will be unable to attend a Board meeting. STAFF RECOMMENDATION: It is recommended that the Board approve the attached resolution and direct the Deputy Clerk to mail it to Mr. Powers with the appreciation of the Board members for his service to the County. 1" --~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDA Y, JULY 12, 2005 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF ROBERT L. POWERS, PARKS, RECREATION AND TOURISM DEPARTMENT, AFTER SIX YEARS OF SERVICE WHEREAS, Robert L. Powers was first employed by Roanoke County on September 28, 1998; and WHEREAS, Mr. Powers served as a Corrections Division Cook for the Sheriff's Office and retired as a parks maintenance worker on July 1 , 2005, after six years and nine months of service; and WHEREAS, Mr. Powers, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens through beautification of the parks and County buildings and by providing safe and enjoyable recreational facilities. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to ROBERT L. POWERS for more than six years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. ACTION NO. ITEM NO. T- "3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 12, 2005 AGENDA ITEM: Request from schools to appropriate fees in the amount of $2,660 for the Summer Specialty Center Programs SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent Elmer C. Hodge t /,1 County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The specialty centers for engineering, performing arts, and visual arts are operating summer sessions. Fees were collected for teacher salaries and instructional materials as follows: $ 840 $ 630 $1.190 $2,660 Center for Engineering Center for Performing Arts Center for Visual Arts Total fees collected FISCAL IMPACT: The Instructional Budget will be increased by $2,660. " 1=" - '3 STAFF RECOMMENDATION: Staff recommends appropriating the $2,660 in Specialty Center Summer Program fees to the Instruction Program as follows: 792130-1199 $400.00 792130-2100 $ 30.60 792130-6301 $409.40 793630-1199 $600.00 793630-12100 $ 30.00 793530-1199 $400.00 793530-2100 $ 30.60 793530-6301 $759.40 2 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Y0 -I Unaudited Balance at June 30, 2005 Amount $11,808,285 % of General Fund Revenues 7.57% Balance at July 12, 2005 11,808,285 7.57% Note: On December 21, 2004, the Board of Supervisors adopted a policy to maintain the General Fund Unappropriated Balance for 2005-06 at a range of 7.5%-8.5% of General Fund Revenues 2005 - 2006 General Fund Revenue $156,020,489 7.5% of General Fund Revenues $11,701,537 8.5% of General Fund Revenues $13,261,742 Submitted By Rebecca E. Owens Director of Finance Elmer C. Hodge {tI County Administrator Approved By ¡fA-ò- COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Amount Unaudited Balance at June 30, 2005 $5,268,848.06 Balance at July 12, 2005 $5,268,848.06 $5,000,000 of this balance will be reserved for radio purchases in the planned CIP funding Major County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportu Unaudited Balance at June 30, 2005 $1,416,838.00 7/1/2005 Transfer to County Capital Reserve for CIP funding for (1,416,838.00) 2005-06 (Library) Balance at July 12, 2005 $0.00 nities.) Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ,,)J County Administrator RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2005-2006 Original Budget $100,000.00 Balance at July 12, 2005 $100,000.00 'J\'~3 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge t. fI County Administrator fY\-~( FUTURE CAPITAL PROJECTS COUNTY OF ROANOKE, VIRGINIA Unaudited Balance at June 30, 2005 FY 2005-2006 Original budget appropriatio Less increase in debt service Add Economic Development Dropoff FY 2005-2006 Annual Capital Contribution County Schools Balance at July 12, 2005 2,000,000 (3,424,615) 524,000 300,000 300,000 $ 6,242,387 (900,615) 600,000 $ 5,941,772 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge C ti County Administrator Jail Study Costs Report for the July 12, 2005 Meeting of the Roanoke County Board of Supervisors f'A- C, Item No. r I' - Date Description Total Amount Roanoke County Share Other Locality Share To Be Paid by Authority (or Reimbursed) October 12, 2004 Jail Study Costs Community Based Corrections Plan- Prepared by Edd Powell Note 1 42,100.00 14,941.29 27,158.71 Jail Program Plan Prepared by HSMM Note 1 120,000.00 42,588.00 77,412.00 AlE study of existing jail conditions for Roanoke County Jail Study by HSMM 28,400.00 28,400.00 190,500.00 85,929.29 104,570.71 $85,922 appropriated October 12, 2004 for Roanoke County Share of these studies. Note 1 Each of the four localities have appropriated their own monies for their share of the costs of the Community Based Corrections Plan and the Jail Program Plan (AlE Study) January 11, 2005 Jail Site Studies and Land Options Option on Higginbotham Site Second Option to be paid in June, 2005 10,000.00 20,000.00 10,000.00 20,000.00 Environmental Study of Higginbotham Site Geotechnical Study of Higginbotham Site 13,223.00 13,223.00 N/A Legal Services Study of Existing Jail Site for future use (Roanoke County cost only) 48,000.00 48,000.00 Financial Advisor Services Bond Counsel Services Debt Issuance Costs Cost of Studies and Application Cost Note 2 91,223.00 48,000.00 43,223.00 Note 2 $250,000 was appropriated by the Roanoke County Board of Supervisors at the January 11, 2005 meeting to cover the cost of the Feasibility Study of the site of the existing Roanoke County / Salem Jail and also to cover the costs for the Option to Purchase the Higginbotham Site; the cost of the Environmental Assessment (Phase I) of the site and related Geo-technical study for the application process; and any related cost for the application process. The cost of the Feasibility Study is the responsibility of Roanoke County. The other related costs may be shared by the other participating localities or reimbursed to Roanoke County by the Jail Authority. Submitted by John Chambliss Bd Rpt Jail Study Costs 071205 DECLARING SEPTEMBER 26, 2005, AS FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN IN THE COUNTY OF ROANOKE WHEREAS, the use of illegal drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children; and WHEREAS, surveys conducted by The National Center on Addiction and Substance Abuse at Columbia University have found that children and teenagers who routinely eat dinner with their families are less likely to use illegal drugs, alcohol, and cigarettes; and WHEREAS, these surveys found that teenagers who rarely eat dinner with their families are 72 percent more likely than the average teenager to use illegal drugs, alcohol, and cigarettes; and WHEREAS, teenagers who almost always eat dinner with their families are 31 percent less likely than the average teenager to use illegal drugs, alcohol, and cigarettes; and WHEREAS, the correlation between family dinners and reduced risk for teen substance abuse are well documented, and parental influence is known as one of the most crucial factors in determining the likelihood of substance abuse by teenagers; and WHEREAS, Family Day, which was established in 2001 by the National Center on Addiction and Substance Abuse at Columbia University and is celebrated on the fourth Monday of September, emphasizes the importance of regular family activities in parent-child communication and encourages Americans to make family dinners a regular feature of their lives. NOW THEREFORE, I, Michael W. Altizer, Chairman of the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim and recognize September 26,2005, as FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN in the County of Roanoke; and FURTHER urge all citizens to observe Family Day by making family dinners a regular part of their children's lives. In~Aff Î~. q~ Michael W. Altizer, Ch man J1Ì110 0:. Ch/rkrv D'iane S. Childers, Clerk '. ~Y' , ,';.¡J"~"''''II '. ~... _.-"':~;::~~~--:'::". <$~ .. T - '~ ~ f - ,."" _ _ ,- "\ ~ ~ ;. {~. - :': - .: - ,,' j ~ \.~\- - J~ X-~..,;;;~..../ .. - . .' --.;..~ - -. ,./1'/<;,'"'' f'Ì"r~ ('(\- b ACTION NO. 0-1 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 12, 2005 AGENDA ITEM: Work session to discuss the development of a master plan for the Department of Parks, Recreation and Tourism SUBMITTED BY: Pete Haislip Director of Parks, Recreation and Tourism Elmer C. Hodge ~ II~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for a presentation by the parks and recreation staff and Leon Younger of PROS Consulting, to brief the Board on development of a comprehensive master plan for the Department of Parks, Recreation and Tourism. This project was undertaken as a result of recommendations made by the Capital Improvement Program (CIP) Citizens' Review Committee. For the past two years, they have identified the development of a parks and recreation master plan as a major priority for Roanoke County. In response to this recommendation, PROS Consulting, a planning firm with extensive national park and recreation planning experience, was selected to develop the master plan after an extensive Request for Proposal (RFP) process. The RFP was based on a scope of services developed by staff and the Parks and Recreation Advisory Commission. The goal of the process is to develop a plan and vision that will help guide the development of the parks and recreation facilities and programs for the next 15 years. Included in the project is the assessment of all existing facilities, an assessment of core recreation programs, parkland locations and needs/deficits, demographic analysis, as well as the development offacility standards based on the unique make up of Roanoke County. Also included is a market feasibility study for a baseball/softball complex to support our sports marketing efforts. 0-\ It is important to note that this will be a community driven process and plan involving County wide public forums, focus groups, and interviews with key community leaders and stakeholders. Included will be a household survey designed to solicit the broad based opinions of the entire community. The complete scope of services outlining the approach and expected deliverables is attached for your review. We are very excited about this initiative and the impact it will have on the future service delivery to County citizens and look forward to receiving your input. 2 Roanoke County Parks, Recreation and Tourism Comprellensive Master Plan for Parks and Park Facilities Roanoke County Parks, Recreation and Tourism Comprehensive Master Plan for Parks and Park Facilities Scope of Work May 18, 2005 Project Understanding The Roanoke County Parks, Recreation and Tourism Department serves a diverse community and a diverse roster of programs and facilities. The County can boast a beautiful park system that has tremendous benefit to the community. Roanoke wishes to develop a Comprehensive Master Plan for Parks and Park Facilities through an iterative process that considers the full range of community input and needs, financial, and facility standards, while melding with the strategic vision of the County. The Master Plan will consider both indoor and outdoor Facilities along with recreation programming impacts. The result will be a vision for the next 15 years for parks and park facilities supported by an update to the capital improvement plan. The Roanoke County Comprehensive Parks and Park Facilities Master Plan will address these requirements and the stated variables in a way that delivers a living document that provides guidance on every decision, operational or capital. This Master Plan will address short term and long term requirements through in a financially sustainable and achievable manner. The following work plan presents the detailed scope of services for meeting the needs of Roanoke County. Task 1 - Project Kick-off/Communications This kick-off meeting should be attended by the key Department Staff members and PROS Team members to confirm project goals, objectives, and expectations that will help guide actions and decisions of the PROS team. Detailed steps of this task include: A. Kick-off Meeting - Conduct a meeting with the Department to present and discuss the following: a. Confirmation - The project goals, objectives, scope, and schedule will be confirmed. b. Outcome Expectations - Discuss expectations of completed project along with presentation of different management models. c. Communications - Confirmation on lines of communication, points of contact, level of involvement by Department and County leaders and staff, and other related project management details. Also, protocols and procedures for scheduling meetings should be agreed to. B. Data Collection - The Project Team will collect, log, and review key data and information to facilitate a thorough understanding of the project background. C. Progress Status Reports - The PROS Team will develop a monthly written progress status reports to the Department. More importantly, we will be in close and constant contact with your designated project coordinator throughout the performance of the project. Task 2 - eommunity/Stakeholder Input The foundation of this project will be based in community and stakeholder input. We will utilize contacts and relationships of Department and other County officials to identify stakeholders, gather input and disseminate information to help gain consensus on key strategies. This process has to be broad, gathering both qualitative and quantitative information from which strategies will be developed. Specific tasks include: pros',' consuttiog Roanoke County Parks, Recreation and Tourism Comprehensive Master Plan for Parks and Park Facilities A. Prepare database of stakeholders - The PROS Team will work with the County who will gather contact information from a variety of sources within the Department. This information will be input into our project contact database for use by the community/stakeholder team. This information will be placed in a database for use by the County and Team during and after the completion of this project. B. Key Leadership Interviews - The PROS Team proposes to pertorm ten (10) interviews with key community leaders and stakeholders to evaluate vision for park and recreation in Roanoke County, community values, strengths, and weaknesses of park and recreation, trends, and level of services provided. It is important to have one-on-one interviews or small groups with these leaders to ascertain candid input that does not always occur during focus groups. The following list of potential interviewees will be used to select the final list in conjunction with the Department: · County Commissioners · County Managers office · Select Mayors · Tourism Officials · Economic Development Officials · Regional Planning Officials · Key Business Leaders · Developers/Realtors · Key Partners/Philanthropic Organizations C. Focus Groups - The PROS Team will work with the Department to identify all groups and key contact persons for each group. The focus groups will identify vision, values, and key issues and provide insight into facility and program needs, operational issues, and opportunities with the system. This will provide critical input into other tasks including Facilities/Recreation Program Review and Capital Improvement Plan. It is recommended that ten (10) focus groups representing a wide range of stakeholders of city leaders, community leaders, users and non-users, random citizens, and key community leaders including but not limited to: · Parks and Recreation Department Senior Management · Parks and Recreation Department Staff · Parks and Recreation Advisory Board(s) · Key City Departments (Planning, Finance, Public Works, Convention and Visitors Bureau, Museums and Cultural Arts, Economic Development, Housing and Neighborhood Development, Police, etc.) · Sports groups (baseball, soccer, football, basketball, softball, tennis, swimming, biking, running, in-line skating, etc.) · Special Interest Groups (Therapeutic, Arts, environmental, etc.) · Developers and Realtors · Education (Public Schools District, Private Schools, Community College & Universities) · Youth (junior and senior high) · Seniors · Volunteer and Friends Groups · Special Event Providers · Other Service Providers · Random citizens D. Public Forums - Public forums will serve to present information and gather feedback from citizens at large. It is important to have an initial meetings early in the process and follow-up meetings during the final plan development process. We propose to utilize neutral locations in recognizable geographic locations. It will be important to get maximum media exposure to inform citizens of the purpose and importance of the meetings and clearly note time and locations. All literature and notices will be bi-lingual. pros cons uf tiOg 2 Roanoke County Parks, Recreation and Tourism Comprehensive Master Plan for Parks and Park Facilities We propose to conduct two (2) initial public forums with two (2) follow-up meetings conducted during the final briefings component of the plan. The purpose for these meetings will be to ensure opportunities for the general public to discuss their options and perceptions surrounding parks and recreation. The forums will also afford the opportunity to discuss priorities of the community relating to parks, services, indoor and outdoor recreation facilities, and open spaces. These meetings will bring forward new ideas and alternative approaches from within Virginia and around the nation to help spark creative thinking. An agenda will be provided to the participant that maintains the focus and purpose of the meeting and ensures coverage of all issues. Professional facilitation will work to manage expectations and direct the sessions toward open and constructive input. Agenda items will include the process, vision, goals and objectives, timelines, and issues identified by the focus groups. Comment sheets will be provided for all attending the meeting. All comments and minutes from the meetings will be documented and incorporated into the master plan plan. F. Household Survey - It is highly recommended that a random sampling survey of 600 households in the County be performed to quantify awareness, usage, and unmet needs in parks, recreation programming and facilities. The mail survey would 15 minutes to administer. Questions on the survey would be developed by Leisure Vision and other PROS Team in partnership with the County. Results from the survey will have a 95% level of confidence with a margin of error of +/-4%. Task 3 - Facility/Program Assessment The PROS Team will perform the following tasks to assess facilities and programs. This assessment will support the overall recommendations for new facilities and programs. A. Park Facilities Assessment - The PROS Team will collect the inventory in GIS format from the County which will be used to create a base map and database. This base information will be confirmed through a tour of the park system including parks, trails and recreation centers. This tour will be performed with the Departments O&M and Program Staff. This team will tour the system over a three day period. During this tour, general observation of park facilities/programs will include: · General state and condition · Compatibility with neighborhoods · Aesthetics/Design · Safety/security · Public Access · Connectivity to the surrounding neighborhoods · Program capacity and compatibility with users · Partnership opportunities · Revenue generation opportunities In addition to the County's inventory, an inventory of other parks and recreation facilities operated by other public agencies within the county will be collected and documented. The findings from this review will be documented in a prepared data collection form. Analysis will be performed from this review, providing input into the Capital Improvement Plan in the form of a Facilities Findings Summary Report. B. Recreation Program Assessment - The PROS Team proposes to perform an assessment of programs and related facilities run by the Department and selected in conjunction with the Department. The Recreation Program and Facility Assessment will assess the strengths and weaknesses of the major programming areas, opportunities in the market to seek out and build on, and the potential threats to identify and plan against. The evaluation will incorporate, but not limited to: pros..' consulting 3 Roanoke County Parks, Recreation and Toudsm Comprehensive Master Plan for Parks and Park Facilities · Customer service plan · Contractual instructor standards · Marketing and market share · Program facilities · Capacity utilization · Revenue history · Seasonal program capabilities · Program Life Cycles · Partnerships and sponsorships · Standards · Participation and retention · Service gaps · Pricing The findings from this review will be documented in a prepared data collection form. Analysis will be performed from this review, providing input into the Capital Improvement Plan in the form of a Program Findings Summary Report C. Demographic Analysis - The PROS Team will perform a demographic analysis based on Census 2000 data projected population. If the County does not have current projections by census tract, we propose to acquire projected data at the census tract level from Claritas, Inc. a national leader in population projections and data assimilation. This analysis will provide an understanding of the demographic environment for the following reasons: · To understand the market areas being served by the park and recreation system and distinguish customer groups. · To determine changes that are occurring in sub-areas of the County and assist in making proactive decisions to accommodate those shifts. · Provide the basis for Equity Mapping and Service Area Analysis The City's demographic analysis will be based on US 2000 Census information as well as 2010-projected population by census tract. The following demographic characteristics from Census 2000 data will be included: · Population density · Age Distribution · Households · Gender · Ethnicity · Household Income This data will be mapped in GIS to produce density maps to support other tasks including the needs assessment and equity mapping. A summary report will be prepared and included as an appendix section as well as summarized in the summary report. D, Facility Standards - PROS will analyze park classifications and facility standards. This will be applied to demographic data from the projected population and combined with program needs identified during the phone survey and general observations from the Park Facilities/Program Assessment task. PROS will compare the facilities in Roanoke County with other regional and National Recreation and Park Association standards and guidelines. PROS recommends customizing Facility Standards for Roanoke. This should result in specific goals that the County should strive to achieve in terms of land, facilities and programs. The PROS Team will work with pros consultiQg 4 Roanoke County Parks, Recreation and Tourism Comprehensive Master Plan for Parks and Park Facilities the County to review and confirm, modify or add to existing park classifications and facility standards for all park sites and amenities. These classifications will consider size of park, population served, length of stay, and amenity types within park. Facility standards include major amenities and the population served per facility. Any new or modified classification or standard will be approved as required. E. Equity Mapping - PROS will utilize GIS to perform equity mapping to identify service area analysis for specific facilities and programs. This includes mapping by classification and major amenities by facility standards as applied to population density and geographic areas. The base information for this analysis will be 2010 projected population density by census tract acquired during the demographic analysis. A service area is defined as a circular area around a park or amenity whose radius encompasses the population associated with the appropriate facility standard for each park classification and amenity. Using the facility standards and service areas provided by PROS Team for each park and major facility type (amenity), a series of maps by each park classification and major amenities will be prepared. Major amenities likely to be mapped include: · Soccer · Football · Baseball · Softball · Basketball · Tennis · Trails · Playgrounds · Picnic Pavilions · Recreation Centers Maps of the entire system will be prepared. However, being that service areas are not applicable to all park classifications, it is anticipated that service area maps will only be developed for neighborhood parks, community parks, and district parks. This mapping identifies gaps and overlaps in service area. It is assumed that the County will provide base GIS information including inventory and general location of park sites and amenities. Layers of information to be acquired from the County include: · County and City Limits · Political Districts · Census Tracts · Park site boundaries · Major amenities by site · Major Trails · Major Roads (arterials, thoroughfares and highways) · School Sites (public, private, charter) · Other Facility Providers · Surface Water The PROS Team will provide maps in digital format (ARCView and Adobe Acrobat PDF format) and hard copy. Task 4 - feasibility Study The PROS Team will prepare a feasibility study to evaluate the potential for developing a sports complex to support local needs as well as the potential sports tourism market. This evaluation will consider the community input and facilities/program assessment tasks as well as additional analysis based on market demand. The following tasks will be performed to assess the feasibility of the sports complex. pros..·· consultiog 5 Roanoke County Parks, Recreation and Tourism Comprehensive Master Plan for Parks and Park Facilities A. Market Needs - The market needs will be documented by utilizing the demographic information collected in earlier tasks and applying American Sports Data participation frequency factors as well as survey findings. ASD is a trend tracking tool which is the most comprehensive research available in the United States. The activity trends for the Roanoke market will help to determine the size of the activity market by age segment that can be applied to facilities and programs concepts. In addition, competitive facilities will be documented to understand the overall market capacity. These two will be combined to understand available market for a new facility. B. Concept Development - Base assumptions will be developed facility, operations and programmatic elements considering the market needs identified. Following the documentation of assumption, a concept will be developed to demonstrate the configuration requirements. At this stage, it is not recommended that actual conceptual design occur, but rather simple documentation of number of fields, size, configuration, amenities, and other support facilities to gain an understanding of budgetary cost information. In addition, potential locations for the complex will be identified. C. Financial Analysis - The financial impacts of the facility will be developed in a high level revenue and expense analysis to identify overall financial performance capabilities. This analysis will identify cost recovery percentages based on the defined assumptions in the market needs. D. Feasibility Assessment - A summary of feasibility will be prepared presenting the overall findings, assumptions, concept development, financial analysis and recommendations. This report will be prepared as a stand-alone document that can be integrated into the overall master plan as an appendix. A briefing will be made to county officials. Task 5 -- Master Plan Development The Master Plan will be developed by considering the findings and analysis from all previous tasks. The tasks necessary to develop the master plan follows: A. Needs Analysis - The PROS Team will synthesize the findings from the community input, citizen survey results, demographics analysis, and facilities/program review into a quantified facility needs analysis. This will list and prioritize facility, amenities, and program needs for the Roanoke Parks and Recreation system and provide guidance for both outdoor and indoor facilities. A staff workshop will be conducted to present findings and recommendations from this task. Following any revisions, a briefing of the County will be performed. B. Cost Estimates - The PROS Team will prepare budgetary cost estimates for recommended improvements in spreadsheet format based on a set criteria for capital improvements. The PROS Team will prepare a summary report of Capital Cost requirements and present to the County and appropriate revision made. C. Funding Strategies - Funding strategies will be developed to support the capital and operational aspects of the Parks and Recreation system. The PROS Team has identified more than 130 funding methods that can be applied to funding needs. These strategies include: · Fees and charges · Endowments/grants/Non-profits · Sponsorships · Partnerships · Dedicated funding sources D. Prioritized Action Plan- Based on the previous tasks, the PROS Team will recommend capital expenditures and the resulting operational impacts to the City to consider in the final priority assessment. This will include the development of a map that presents in summary format the major development items. pros consulti()g 6 Roanoke County Parks, Recreation and Tourism Comprehensive Master Plan for Parks and Park Facilities E. Final Report- The PROS Team will prepare a Phased Implementation Plan with separate strategies for public park land, indoor recreation facilities and programs and outdoor recreational facilities. These strategies will take into account all analysis performed and consider the fiscal and operational impacts to the County. The PROS Team will prepare a final summary report and present to County staff and commission. The final plan will be prepared with a Summary Report delivered along with associated appendices (technical reports organized in 3 ring binders). Twenty (20) copies of the report and associated support material will be delivered to the County. Project Schedule The PROS Team proposes to perform this plan over a eight month period. The following schedule depicts the h 1ft k c rono oqy 0 as s. Monthl 11 21 31 41 51 61 71 B Task I I I I I I I I Task 1 Project Kick-off/Data Collection/Communications I I I ! I J Task 2 Community/Stakeholder Input I I I I I I I I Task 3 FacíJityiProgram Assessmenl I I I I Task 4 Feasibility Study I I I I Task 5 Master Plan Development I I I I I I I I 1 pros ..... 7 consultiog ACTION NO. ITEM NO. o-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 12, 2005 SUBMITTED BY: Work session to discuss the development of a master plan for public facilities Elmer Hodge ~ /I~ County Administrator AGENDA ITEM: Arnold Covey Director of Community Development Joel Shelton Administration Intern SUMMARY OF INFORMATION: The purpose of this work session is to discuss the concept of a Roanoke County Facilities Master Plan and to begin formulating the scope and format of the process. As you are aware, space in the County is becoming an increasingly important issue. Both development and population growth increase demand for services while at the same time reducing operational/office space and property available for future County needs. The growing need for effective planning tools to manage the organization and location of County facilities is evident as we build a new Public Safety Center, look for land for a new South County Library, and plan for a new County garage. Thus far, the Board has been receptive to the idea of organizing a series of meetings around the creation of a Facilities Master Plan for Roanoke County. After collecting an inventory of current facilities, staff would like to evaluate these properties and buildings together with the Board of Supervisors, the Planning Commission, and other County committees. This process would focus on the organization of County services in terms of geographic and functional 'campuses' (such as Administration, Parks and Recreation, General Services, Public Safety) and would consider the best use of all facilities in light of anticipated future needs. A county-wide facilities master plan would supplement and coordinate existing departmental master plans rather than replace them. 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: July 12, 2005 AGENDA ITEM: Work session on ordinances amending the Roanoke County Code, Chapter 13. Offenses - Miscellaneous and Chapter 30. Zoning Ordinance regulating adult businesses SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This work session will explore the staff proposal to attempt to regulate adult businesses in Roanoke County. This proposal consists of amendments to two chapters of the Roanoke County Code. It attempts to address the illegal secondary effects arising from certain lawful businesses: bookstores, video stores, motels, theaters, and nightclubs that provide adult entertainment. The illegal secondary effects are most often prostitution, drug dealing, sexual assaults and sexual offenses against minors. At the same time the Board must be mindful of respecting the limitations of the First Amendment to the U. S. Constitution. Government may only impose content neutral restrictions on symbolic speech, and dancing (with or without clothes) has been deemed to be symbolic speech by the courts. The first proposal recommends amendments to Chapter 13. Offenses - Miscellaneous which establishes a new Article III. Adult Businesses. This amendment creates a series of definitions and is based upon a permit application and issuance by the Chief of Police. The permit application requires detailed information from persons operating an adult business. It establishes grounds for revocation of the permit; a procedure for appeals based upon a denial of an application or revocation of the permit; and provides for prompt judicial review. Finally it defines and prohibits "public indecency." 1 Ó-3 These provisions are not designed to replace the existing criminal law provisions in Chapter 18.2 of the State Code. Rather they supplement these provisions and provide additional protections for the public. The second proposal recommends amendments to Chapter 30. Zoning Ordinance. This amendment allows adult businesses by right in the C-2 zoning district (General Commercial). It also establishes certain use and design standards for such businesses, including signage, illumination of off-street parking areas, and a requirement for a security camera and video tape system to monitor exterior entrances and parking areas. In addition, it restricts the location of adult businesses to be at least 100 feet away from day care centers, schools, churches, or residential zoning districts. Attached to this report are the draft ordinances. Also attached is a map of the County showing the effect of the 100 foot exclusion zone. These ordinances have been reviewed by the Roanoke County Police Department and Commonwealth's Attorney. STAFF RECOMMENDATION: Any amendment to the Zoning Ordinance must first be submitted to the Planning Commission for its review, public hearing and recommendation. If the Board wishes to pursue these amendments, it is recommended that this matter be referred to the Planning Commission. Additional research may be necessary to identify the secondary effects on our community of adult businesses and the appropriate regulatory response. Due to the difficult constitutional issues raised by these regulations and the complexity of these issues and their intersection with permitting and zoning, these ordinances may not be ripe for consideration by the Board until September 2005 at the earliest. 2 ,". . o-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINSTRATION CENTER ON TUESDAY, JULY 12, 2005 ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY THE ADDITION OF ARTICLE III. "ADULT BUSINESSES" TO CHAPTER 13. "OFFENSES - MISCELLANEOUS BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a new Article III. "Adult Businesses" be, and hereby is, added to Chapter 13. "Offenses - Miscellaneous" to read and provide as follows: Sec. 13-100. Definitions. Adult business means any adult bookstore, adult video store, adult model studio, adult motel, adult motel theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons. Adult entertainment means dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CD-ROMs, DVD- ROMs, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Adult merchandise means magazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CD-ROMS, DVD-ROMS, virtual reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; instruments, devices or paraphernalia either designed as representatives of human genital organs or female breasts, or designed or marketed primarily for use to stimulate o-~ human genital organs; or, lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices. Adult model studio means a commercial establishment, including a lingerie store or novelty store, in which a person performs or simulates specified sexual activities, exposes specified anatomical areas, or engages in other performances intended for the sexual stimulation or titillation of patrons. Adult motel means a motel, hotel, or similar commercial establishment that: (i) provides patrons with closed-circuit television transmissions, films. motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and advertises the availability of this sexually-oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (ii) offers a sleeping room for rent for a time period of less than ten hours; or (iii) allows a tenant or occupant to sub rent the sleeping room for a time period of less than ten hours. Adult movie theater means an enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, excluding movies that have been rated "G," "PG," "PG-13," or "R" by the Motion Picture Association of America. Adult nightclub means a restaurant, bar, club, or similar establishment that regularly features adult entertainment. Adult store means an establishment having adult merchandise as a substantial or significant portion of its stock-in-trade. 2 i)_3 Employee means an individual working or performing services for any adult business, including any independent contractor who provides services on behalf of any adult business to the patrons of such business, whether or not the individual receives any remuneration, gratuity, or tips of any kind, or pays the permittee or manager for the right to perform or entertain in the adult business. Live entertainment means entertainment provided in person including, but not limited to, musical performances, music played by disc jockeys, public speaking, dramatic performances, dancing, modeling, or comedy performances. Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means human genitals in a state of sexual stimulation or arousal; sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast, including masturbation. Sec. 13-101. Permit required from chief of police-Application; issuance; duration; renewal. (a) Every person either operating or desiring to operate an adult business, in addition to obtaining any required business license from the commissioner of the revenue, shall apply to the chief of police, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $500.00. (b) Information required on and with the permit application shall include, but not be limited to, the following: 3 "» ù-;> (1) The applicant's full name, age, sex, race, weight, height, hair and eye color, address, telephone number, date and place of birth and social security number. (2) Names and addresses of references. (3) Whether the applicant has been convicted of any felony or misdemeanor and, if so, the nature of the offense, when and where convicted and the penalty or punishment assessed. (4) Whether the applicant holds or has been held, in the name of this business or any other, any other permits under this ordinance or a similar adult use ordinance from another locality within the past five years, and, if so, the names and locations of such other permitted businesses. (5) Whether the applicant has been denied a permit or has had a permit revoked under any statute or ordinance requiring a permit to operate an adult business and, if so, when and where the denial or revocation occurred. (6) Photograph and fingerprints of applicant. (7) Name, including any fictitious names, and address of the business for which a permit is sought. (8) A criminal records check of the applicant shall be provided by the applicant with the application, along with the applicant's written authorization to investigate whether the information provided by the applicant is true. (9) A description of the intended business activity and, if adult entertainment is to be performed, a detailed description of such entertainment. (10) Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct. (c) For a corporation, partnership or other legal entity, "applicant" includes each officer, director, partner or principal of the entity and the managers of the business. (d) The chief of police or his designee shall act on the application within 30 days of the filing of an application containing all of the information required by this section, unless information requested from other law enforcement agencies is not received within that 30-day period, in which case the chief of police or his designee shall have an 4 ... '] ).' "~ '- additional 30 days to act on the application. Upon the expiration of the application time period, unless the applicant requests and is granted a reasonable extension of time, the applicant may, at its option, begin operating the business for which the permit is sought, unless and until the chief of police or his designee notifies the applicant of a denial of the application and states the reasons for denial. (e) The applicant shall be issued a permit unless the county's investigation or the information furnished by the applicant shows any of the following: (1) The applicant has failed to provide information required by this article or has falsely answered a question. (2) The applicant has been convicted of a felony within the past five years. (3) The applicant has been convicted of a crime of moral turpitude or a crime involving the obscenity laws within the past three years. (4) The applicant has been denied a permit or has had a permit revoked within the past 12 months under any statute or ordinance requiring a permit to operate an adult business. (5) Failure of the applicant's business to comply with the county's business license, zoning, building, plumbing, utility, health, electric or fire prevention codes, or with any other applicable county or state laws or regulations. (6) The application fee has not been paid. (f) If the application is denied, the chief of police or his designee shall notify the applicant of the denial and state the reasons for the denial. (g) The permit shall be valid for 12 months from the date thereof and may be renewed in the same manner as it was initially obtained. The application fee for a renewal permit shall be $100.00. No permit shall be transferable. (h) Any changes in the ownership or principals of the business entity to which the permit is issued or in the managers of the business will automatically make the permit 5 ) ..? \~ - ".,; void. Such changes shall be reported to the chief of police or his designee, and a new application may be submitted for review. Sec. 13-102. Same--Grounds for revocation. The chief of police or his designee may revoke any permit issued pursuant to this article for the following: (a) Fraud, misrepresentation or any false or misleading statement contained in the application. (b) Conviction of the permittee for any felony, crime involving moral turpitude, or crime involving the obscenity laws after the permit is issued. (c) The permittee or an employee of the permittee has knowingly allowed possession, use or sale of illegal controlled substances in or on the premises. (d) The permittee or an employee of the permittee has knowingly allowed prostitution on the premises. (e) The permittee has refused to allow an inspection of the adult business premises as authorized by this article. (f) On two or more occasions within a 12-month period, employees of the adult business at the time of the offenses committed an offense in or on the permitted premises for which a conviction has been obtained constituting: 1. Aiding, abetting or harboring a runaway child; 2. Prostitution or promotion of prostitution; 3. Exposing minors to harmful materials; 4. Dissemination of obscenity; 5. Sexual assault; or 6 " ), i.). < - ..I \~ .,rJ1I' 6. Violation of section 13-111 of this Code. The fact that a conviction is being appealed shall have no effect on the revocation of the permit. (g) The permittee is convicted of violations regarding any taxes or fees related to the adult business. (h) The permittee has failed to operate or manage an adult business in a peaceful and law-abiding manner. (i) The permittee or an employee of the permittee, except a permittee or employee of a permittee of an adult motel, has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual activity to occur in or on the permitted premises. (j) The permittee has been operating an adult business not approved under the applicable permit. (k) The permittee has failed to comply with the provisions of this article. (I) The permittee's business fails to comply with other applicable county or state laws or regulations. Sec. 13-103. Procedure upon denial of an application or revocation of a permit. (a) If the chief of police or his designee denies an application or revokes a permit, he shall notify the applicant or permittee in writing of such action, the reasons therefor, and the right to request a hearing. To receive a hearing, the applicant or permittee must make a written hearing request which must be received by the chief of police or his 7 (\ ...~ ,--I ";J designee within ten days of the date of the notice of denial or revocation. If a timely hearing request is not received by the chief of police or his designee, the decision of the chief of police or his designee shall be final. If a hearing is properly requested, it shall be held within ten days from receipt of the hearing request. The hearing shall be presided over by the chief of police or his designee. The applicant or permittee shall have the right to present evidence and argument or to have counsel do so. Within five days of the hearing, the chief of police or his designee shall render his decision which shall be final. A permittee must discontinue operation of its business when the decision to revoke the permit becomes final. (b) When an imminent threat of substantial harm to public health or safety requires such action, the chief of police or his designee may immediately revoke a permit issued under this article by so stating in a written notice to the permittee. When action is taken pursuant to this subsection, the permittee shall immediately discontinue operation of its business, but shall have the right to a hearing as stated in subsection (a). Sec. 13-104. Availability of prompt judicial review. After denial of an initial or renewal application or after revocation of a permit by the chief of police or his designee, the applicant or permittee may seek prompt judicial review of such administrative action in the circuit court of the county. Any such request for judicial review shall be filed within 30 days of when the administrative action becomes final. The county will facilitate the applicant's obtaining prompt review. Sec. 13-105. Inspection. (a) In addition to any existing legal authority, representatives of county departments shall have the authority to inspect an adult business for the purpose of determining compliance with the provisions of this article. 8 ,,~\ . ') i ;- ") \.." (b) The provisions of subsection (a) of this section shall not apply to sleeping rooms of an adult motel which are currently being rented by a customer. Sec. 13-106. Regulations pertaining to adult businesses providing adult entertainment. (a) For purposes of this section, adult entertainment is defined as dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons. (b) No person shall provide adult entertainment for patrons of an adult business except upon a stage located in an area open to all patrons of the business. The stage shall be at least 18 inches above the level of the floor and separated by a distance of at least three feet from the nearest area occupied by patrons. No patron shall be permitted within three feet of the stage while the stage is occupied by an entertainer. (c) The adult business shall provide separate dressing room facilities for female and male entertainers which shall not be occupied or used in any way by anyone other than them. (d) The adult business shall provide entertainers access between the stage and the dressing rooms which is completely separated from the patrons. If separate access is not physically feasible, the establishment shall provide a walk aisle at least four feet wide for entertainers between the dressing room area and the stage with a railing, fence or other barrier separating the patrons and the entertainers which prevents any physical contact between patrons and entertainers. (e) No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while in or on the premises of the adult business. 9 <. ()- ~ (f) No patron shall directly payor give any gratuity to any entertainer. A patron who wishes to payor give a gratuity to an entertainer shall place the gratuity in a container that is at all times located separately from the entertainers for the purpose of preventing any physical contact between a patron and an entertainer. No entertainer shall solicit any gratuity from any patron. (g) Patrons must be at least 18 years of age. (h) No operator or manager of an adult business shall cause or allow an entertainer to contract to or engage in any entertainment such as a "couch," a "straddle," or "lap" dance with a patron while in or on the premises of an adult business. No entertainer shall contract to or engage in a "couch," "straddle," or "lap" dance with a patron while in or on the establishment premises. For purposes of this subsection, "couch," "straddle," or "lap" dance is defined as an employee of the establishment intentionally touching any patron while engaged in any specified sexual activity or other activity intended for the sexual stimulation or titillation of patrons, or the exposure of any specified anatomical area. (i) This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess, or bartender, comes within three feet of a patron. No employee shall engage in any specified sexual activity or other activity intended for the sexual stimulation or titillation of patrons, or expose any specified anatomical area while acting as a waiter, waitress, host, hostess, or bartender. Sec. 13-107. Regulations pertaining to adult motels. (a) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in section 13-100 of this Code. 10 0-3 (b) No person who is in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have an adult business permit shall rent or subrent a sleeping room to a person, and within ten hours from the time the room is rented, rent or subrent the same sleeping room again. (c) For purposes of subsection (b) of this section, the terms rent or subrent mean the act of permitting a room to be occupied for any form of consideration. Sec. 13-108. Transfer of permit prohibited. (a) A permittee shall not operate an adult business at any place other than at the address designated in the approved permit. (b) A permittee shall not transfer its permit to another person. Sec. 13-109. Public indecency. Nothing in this article shall be construed to permit any conduct which violates section 13-111 of this Code. Sec. 13-110. Violations. Except as permitted in section 13-101 (d), operation of an adult business without a permit is prohibited. Violations of this article shall be unlawful and subject to the provisions of section 1-10 of this Code. Sec. 13-111. Public indecency prohibited. (a) For purposes of this section nudity shall mean: (1) Having the pubic region or genitals covered less than completely and opaquely; 11 0- ".~ (2) Having less than the majority of each buttock completely and opaquely covered; or (3) Having any portion of the nipple or areola of the female breast or that portion of the female breast distal to and below any part of the areola covered less than completely and opaquely. (b) Every person who knowingly, voluntarily and intentionally appears in a state of nudity in public or in a public place or in a place open to the public or to public view, or in an establishment which offers memberships to the public, or who employs, encourages or procures another so to appear, shall be guilty of a class 1 misdemeanor. (c) Every person who knowingly, voluntarily and intentionally engages in specified sexual activities in public or in a public place or in a place open to the public or to public view, or in an establishment which offers memberships to the public, or who employs, encourages or procures another so to engage, shall be guilty of a class 1 misdemeanor. (d) For purposes of this section specified sexual activities shall mean: showing human genitals in a state of sexual stimulation or arousal; real or simulated acts of human masturbation, sexual intercourse, sodomy or flagellation; fondling, caressing or other erotic touching of one's own or another's genitals, pubic region, buttocks or female breast; or showing the covered male genitals in a discernibly turgid state. (e) Nothing contained in this section shall be construed to apply to the presentation of any play, ballet, drama, tableau, production or motion picture in any theater, concert hall, school, college, museum of fine arts or other similar establishment which is primarily devoted to such presentations as a form of expression of opinion, communication, speech, ideas, information, art or drama. No person shall be in violation of this section for breast feeding a child in any public place or any places where others are present. 12 ~ 2. passage. That this ordinance shall be in full force and effect from and after its 13 0-3 o-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINSTRATION CENTER ON TUESDAY, JULY 12, 2005 ORDINANCE AMENDING THE ROANOKE COUNTY ZONING ORDINANCE, SECTION 30-29-5. COMMERCIAL USE TYPES TO INCLUDE NEW DEFINITION FOR "ADULT BUSINESS" AND SECTION 30-54-2(A)4 C-2 GENERAL COMMERCIAL TO ADD ADULT BUSINESS AS A USE BY RIGHT SUBJECT TO ADDITIONAL, MODIFIED, OR MORE STRINGENT STANDARDS BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 30-29-5. Commercial Use Types of the Roanoke County Zoning Ordinance be amended to read and provide as follows: * * * * "Adult business" means any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons, and as such terms are defined in Chapter 13 of this Code. * * * * 2. That Section 30-54-2. (A) 4. Permitted Uses of the Roanoke County Zoning Ordinance be amended to read and provide as follows: * * * * (A).4 Adult Business* * * * * ()-3 3. That Article IV Use and Design Standards, Section 30-85 of the Roanoke County Zoning Ordinance be amended to read and provide as follows: Sec. 30-85- Adult Business (A) General Standards: 1. Sexually explicit material shall not be displayed in the windows of adult businesses. Further, adult merchandise as defined in Chapter 13, Section 13-100, shall not be visible from any point outside the establishment. 2. Signs advertising the adult business and any attention-getting devises shall not display sexually explicit pictures or language. 3. All off-street parking areas of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways. Adequate lighting shall also be provided for all entrances and exists serving the adult business. 4. Adult businesses shall not employ any person under the age of 18. 5. Wide angle mirrors and/or video systems must be used to provide the manager with continuous monitoring of all areas of the establishment. 6. The owner or operate shall install, operate and maintain a security camera and video tape system designed by a security specialist which shall continuously monitor all exterior entrances and parking areas of the establishment. Such cameras shall provide clear imagery of the establishment's patrons and their vehicles. Tapes recording activities in the areas under surveillances shall be preserved 2 0-3 for a period of 12 months. Authorized representatives of the police department or the Community development department shall have access to such tapes in accordance with applicable law. 7. No adult business shall be located within 100 feet of a public or private licensed day care center, educational facilities, primary/secondary, religious assembly, or R-1, R-2, R-3, R-4, PRD or R-MH Districts. * * * * 4. That this ordinance shall be in full force and effect from and after its passage. 3 ã5 ã5 2 ~ -"" 0 0 0 0 (J) en ..- N ~ en CD Q) Q) I:: I:: «ï ...... m en ~ ~ Il.. "0 Q) II) e e u "0 Q) Q) ~ CI) I:: I:: ::J - 0 0 <I> 0 <II ~ :;) I:: U I- e (5 0 ¡¡¡ "ih ~ x 0 - N "Oþ 0 :E :Q¡ :¡ ::J W 0 I- I- .....c "C -5 :c õ) ~ C3 t"'I Õ 0 ftS .E::J )( en s:: (I) ü (( w w u z """ e -ao CI) ... :s ÆO t» I II (I) Q) 0 m CI) co " 1- ..J :J en 0- ... cþ Q) I:L :s - =c .s::: ftS - :s ~::J u U Co c: ::E " ~o >< LL ...-- 4 11.1 l.{) 0 0 N tþ 0'> ::Jc .8::J N Q)O Q) õO a::I c: :J ...., cþ =c ~::J Co ~o LL .'. " 1-., , \ '. \ \ \ \ \ \ \ \ "~/ \, >, O)ë .- ::J roo 00 ". J' ~ Q)>' Eë O::J 0)0 ëO o ~ '" a; " ~ D- " N \. i- § o o ~ '" a; ~ D- c¡ ~ o N N o OJ Õ f- @ Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 12, 2005 RESOLUTlON CERTtFYING 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.