HomeMy WebLinkAbout7/26/2005 - Regular
Roanoke County
Board of Supervisors
Agenda
July 26, 2005
Good afternoon and welcome to our meeting for July 26, 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:
Monsignor Joseph Lehman
Our Lady of Nazareth Catholic Church
3. Pledge of Allegiance to the United Stiates Flag
B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of appreciation to Louise R. Eakin, Real Estate Valuation
Department, following twenty-four years of service.
2. Resolution of appreciation to Marsha L. Beverley, Real Estate Valuation
Department, following seven years of service.
D. BRIEFINGS
1
E. NEW BUSINESS
1. Request to appropriate an amount up to $117,000 additional funding for the
construction of a new school warehouse. (Diane D. Hyatt, Chief Financial
Officer)
2. Request to accept and appropriate additional state revenues in the amount of
$75,000 to the Sheriff's Office for fiscal year 2004-2005 budget. (Brent
Robertson, Director of Management and Budget)
F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING
ORDINANCES - CONSENT AGENDA: Approval of these items does not
indicate support for, or judge the merits of, the requested zoning actions but
satisfies procedural requirements and schedules the Public Hearings which will
be held after recommendation by the Planning Commission.
1. First reading of an ordinance to rezone .156 acres from R-3, Medium Density
Multi-Family Residential District, to C-1, Office District, for the construction of
a parking area in conjunction with an office located at 5604 Starkey Road,
Cave Spring Magisterial District, upon the petition of Caveness Properties,
LLC.
2. First reading of an ordinance to obtain a special use permit to operate a
convenience store on approximately 1.9 acres located at 6044 Peters Creek
Road, Hollins Magisterial District, upon the petition of Vision Builders, LLC.
3. First reading of an ordinance to rezone approximately 9.95 acres from R-1,
Single Family Residential District, to PRD, Planned Residential District with
conditions, to construct 60 town homes at a density not to exceed 6.1 units per
acre located at the corner of Newland Road and Peters Creek Road, Hollins
Magisterial District, upon the petition of R. Fralin Development Corporation.
G. FIRST READING OF ORDINANCES
1. First reading of an ordinance amending Section 2-2 "Industrial Development
Authority" of the Roanoke County Code to change the name of said Authority
to the Economic Development Authority. (Doug Chittum, Director of
Economic Development; Paul M. Mahoney, County Attorney)
H. SECOND READING OF ORDINANCES
2
I. APPOINTMENTS
1. Blue Ridge Behavioral Healthcare Board
2. Community Policy and Management Team (CPMT)
3. Social Services Advisory Board (Appointed by District)
J. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE
RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION
IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY.
1. Approval of minutes - July 12, 2005
2. Ratification and confirmation of appointments to the Community Policy and
Management Team (CPMT) and the Social Services Advisory Board
3. Resolution of appreciation following the retirement of William Bowling,
Sheriff's Office, following 23 years of service.
4. Request from schools to appropriate funds in the amount of $10,000 from
Bedford County Schools for joint funding of the R. E. Cook Alternative School
5. Request to authorize an amendment to the contract with the City of Roanoke
and the Roanoke Regional Airport Commission
K. REQUESTS FOR WORK SESSIONS
L. REQUESTS FOR PUBLIC HEARINGS
M. CITIZENS' COMMENTS AND COMMUNICATIONS
N. REPORTS
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Future Capital Projects
3
5. Preliminary unaudited results of operations for the year ended June 30, 2005
6. Accounts Paid - June 2005
7. Statement of Treasurer's accountability per investment and portfolio policy as
of June 30, 2005
8. Public Safety Center Building Project Budget Report
9. Public Safety Center Building Project Change Order Report
10. Jail Study Costs Report
11. Report from the Virginia Department of Transportation (VDOT) of changes to
the secondary road system in June 2005
12. Report of claims activity for the self-insurance program for the period ended
June 30, 2005
13. Proclamation signed by the Chairman
O. CLOSED MEETING
P. WORK SESSIONS (Training Room - 4th floor)
1. Work session to discuss the 800 MHz radio system. (John M. Chambliss,
Assistant County Administrator)
EVENING SESSION
Q. CERTIFICATION RESOLUTION
R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Proclamation of celebration in recognition of the 15th anniversary of the
Americans with Disabilities Act (ADA) and the 20th anniversary of the
Virginians with Disabilities Act (VDA).
S. PUBLIC HEARING AND ADOPTION OF RESOLUTION
1. Request to adopt a resolution amending and restating the Articles of
Incorporation for the Western Virginia Water Authority. (Paul Mahoney,
County Attorney)
4
T. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1. Continued until Auaust 23 at the reauest of the petitioner. Second
reading of an ordinance to rezone .98 acres from C1, Office District, to C2,
General Commercial District, and to obtain a special use permit on 2.22 acres
for the operation of a fast food restaurant and drive-thru located at the
intersections of Brambleton Avenue, Colonial Avenue, and Merriman Road,
Cave Spring Magisterial District, upon the petition of Seaside Heights, LLC
(Bojangles). (Janet Scheid, Chief Planner)
2. Second reading of an ordinance amending Appendix A. Zoning Ordinance of
the Roanoke County Code and Chapter 5. Animals and Fowl pertaining to
multiple dog permits. (Janet Scheid, Chief Planner)
3. Second reading of an ordinance to obtain a special use permit to expand a
religious assembly facility on 15.24 acres located at 6011 Merriman Road,
Cave Spring Magisterial District, upon the petition of Church of the Holy Spirit.
(Janet Scheid, Chief Planner)
4. Second 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)
U. CITIZENS' COMMENTS AND COMMUNICATIONS
V. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Joseph B. "Butch" Church
2. Michael A. Wray
3. Richard C. Flora
4. Joseph P. McNamara
5. Michael W. Altizer
W. ADJOURNMENT
5
ACTION NO.
ITEM NO.
~\-9
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26,2005
AGENDA ITEM:
Resolutions of appreciation upon the retirements of:
(a) Louise R. Eakin, Real Estate Valuation, following twenty-
four years of service
(b) Marsha L. Beverley, Real Estate Valuation, following
seven years of service
SUBMITTED BY:
Brenda J. Holton
Deputy Clerk to the Board
Elmer C. Hodge C ¡f
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Ms. Eakin, Customer Service Representative in the Real Estate Valuation Department,
retired from the County on July 1, 2005, after twenty-four years of service.
Ms. Beverley, Land Use Compliance Coordinator in the Real Estate Valuation Department,
retired from the County on July 1,2005, after seven years of service.
Ms. Eakin and Ms. Beverley will attend the afternoon Board meeting to accept their
resolutions of appreciation. William Driver, Director of Real Estate Valuation, also plans to
be present at the meeting.
C-l
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 26, 2005
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF
LOUISE R. EAKIN, REAL ESTATE VALUATION, AFTER TWENTY-FOUR
YEARS OF SERVICE
WHEREAS, Louise R. Eakin was first employed by Roanoke County on February 1,
1981, as an Accou nt Clerk and also served as a Real Estate Clerk in the Real Estate
Valuation Office; and
WHEREAS, Ms. Eakin retired as a Customer Service Representative on July 1,
2005, after twenty-four years and four months of service; and
WHEREAS, Ms. Eakin was an outstanding and extremely dependable employee
who provided dedicated customer service and was able to provide information and
answers to many questions relating to splits, transfers, land use and building permits; and
WHEREAS, Ms. Eakin served as the liaison for the Real Estate Valuation Office
with the Commissioner of Revenue and the Treasurer and her knowledge of the many
procedures and processes was an important asset; and
WHEREAS, Ms. Eakin was a member of the Virginia Association of Assessing
Officers; and.
WHEREAS, Ms. Eakin, through her employment with Roanoke County, has been
instrumental in improving the quality of life for its citizens because of her ability to provide
excellent customer service and coordinate work between the Real Estate Valuation Office
and other County departments concerning any aspect of real estate valuation.
C-l
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 LOUISE R. EAKIN for more than twenty-four 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.
2
c,-Q
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 26,2005
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF
MARSHA L. BEVERLEY, REAL ESTATE VALUATION, AFTER SEVEN
YEARS OF SERVICE
WHEREAS, Marsha L. Beverley was first employed by Roanoke County on July 13,
1998, as a Customer Service Representative in the Real Estate Valuation Office; and
WHEREAS, Ms. Beverley retired as the Land Use Compliance Coordinator on July
1, 2005, after seven years of service; and
WHEREAS, Ms. Beverly served for several years as the Secretary to the Board of
Equalization; and
WHEREAS, Ms. Beverley assisted in the development of the first Land Use
Brochure, redesigned the land use forms, and updated the Open Space Agreement; and
WHEREAS, Ms. Beverley was a member of the Virginia Association of Assessing
Officers and served on the Association's Land Use Committee; and
WHEREAS, Ms. Beverley attended several appraisal classes and due to her efforts,
the position of Land Use Coordinator has been improved and expanded; and
WHEREAS, Ms. Beverley, through her employment with Roanoke County, has been
instrumental in improving the quality of life for its citizens because of her ability to provide
excellent customer service and coordinate work between the Real Estate Valuation Office
and other County departments concerning land use issues.
e-~
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 MARSHA L. BEVERLEY for seven 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.
2
ACTION NO.
ITEM NO. ~-I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26, 2005
AGENDA ITEM:
Request to appropriate an amount up to $117,000 additional
funding for the construction of a new school warehouse
SUBMITTED BY:
Diane D. Hyatt
Chief Financial Officer
Elmer C. Hodge ",L. / f/cnR¡L
County Administr~
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
In July 2004, the School Board transferred title to ten (10) acres of property at the site of
the School Administration Center to the County for the construction of the new Public
Safety Building. In exchange, the County Board agreed to replace the school warehouse
that was on that site. The original project budget for the Public Safety Building included
$500,000 for the construction of this warehouse. At a joint meeting on January 24, 2005,
the cost was estimated to be around $800,000. At that time, both boards agreed that they
would come up with an extra $150,000 each to cover the overage.
On June 24, 2005, the School Operations Department received six sealed bids from
qualified contractors for the construction of a 20,000 square feet warehouse for Roanoke
County Public Schools. The low bid for the project was disqualified because the
contractor's bid did not include information which was required in the bid request. The next
low bidder was unable to get a performance bond. The third low bidder was Avis
Construction. Avis bid $688,000 and agreed to complete all work on or before December 1,
2005.
E-
The final cost breakdown of the project is as follows:
County Schools
Construction $688,000 594,000 94,000
A&E $25,000 12,500 12,500
Contingency $21 ,000 10,500 10,500
Total Project Cost $734,000 617,000 117,000
FISCAL IMPACT:
The Public Safety Building budget already includes $500,000 towards the total County cost
of $617,000. An additional appropriation of $117,000 is needed at this time. These funds
are available in the Minor County Capital Fund.
STAFF RECOMMENDATION:
Staff recommends approving the school warehouse project total budget of $734,000, and
appropriating an additional $117,000 from the Minor County Capital to the school
warehouse.
ACTION NO.
(-~
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26,2005
AGENDA ITEM:
Request to accept and appropriate additional state revenues in
the amount of $75,000 to the Sheriff's Office for fiscal year
2004-2005 budget
SUBMITTED BY:
Brent Robertson
Director of Management and Budget
ElmerC.Hodge ~ f/~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
During fiscal year 2004-2005, as in previous years, the inmate population at the Roanoke
County jail has remained above capacity. In addition, the average daily inmate population
increased from 259 to 268 through FY 2005, an increase of 3.5% over the prior fiscal year.
The average population for the final quarter for FY 2005 was approximately 266. As a
result, operational costs such as food, utilities, medical costs, etc. continue to consume a
substantial portion of the jail's budget. Due to the increased inmate population, the Sheriff
is projecting expenditures related to inmate care to exceed original budget allocations by
$75,000 for FY 2004-2005. For comparative purposes, the year-end adjustment approved
by the Board for FY 2003-2004 was $98,000.
Roanoke County is reimbursed by the state for salaries, mileage, office expenses, and for
housing state prisoners. The reimbursement for state responsible inmates varies between
a rate of $6 and $8 per day. In addition, the City of Salem reimburses the County for
housing its prisoners on a per diem basis.
State reimbursement for commonwealth responsible prisoners is subject to state prisoner
population, general assembly appropriations, and political factors, variables difficult to
consider in revenue projections.
E-~
During previous fiscal years, state revenue receipts have exceeded the conservative state
budget projections by an amount that would cover increased jail expenditures caused by
higher than normal inmate populations. Based on the revenue estimates versus the
projected revenues anticipated to be collected from the state for the Sheriff's Department
for FY 2004-2005, revenues in excess of budget for these categories should total
approximately $300,000. In addition, reimbursement revenue by the City of Salem for city-
responsible prisoners in the jail exceeded budget projections by $130,000.
FISCAL IMPACT:
There is no fiscal impact - 100% state funds.
STAFF RECOMMENDATION:
Staff recommends an appropriation adjustment to recognize an additional $75,000 of
revenue for FY 2004-2005 for personnel and operations reimbursement and increasing the
FY 2004-2005 care and confinement budget within the Sheriff's department by $75,000 to
cover increased operational costs of the jail caused by increased inmate population,
staffing requirements, and capital reimbursements.
"
ACTION NO.
ITEM NO.
FI-~3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26,2005
AGENDA ITEM:
Requests for public hearings and first readings for rezoning
ordinances - consent agenda
SUBMITTED BY:
Janet Scheid
Chief Planner
Elmer C. Hodge ~ I/~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The first reading on these ordinances is accomplished by adoption of these ordinances in
the manner of consent agenda items. The adoption of these items does not imply approval
of the substantive content of the requested zoning actions; rather, approval satisfies the
procepural requirements of the County Charter and schedules the required public hearing
andtSecond reading of these ordinances. The second reading and public hearing on these
ordinances is scheduled for Auqust 23. 2005.
The titles of these ordinances are as follows:
1. The petition of Caveness Properties, LLC to rezone .156 acres from R-3, Medium
Density Multi-Family Residential District to C-1, Office District for the construction of
a parking area in conjunction with an office, located at 5604 Starkey Road, Cave
Spring Magisterial District.
2. The petition of Vision Builders, LLC to obtain a Special Use Permit to operate a
convenience store on approximately 1.9 acres, located at 6044 Peters Creek Road,
Hollins Magisterial District.
3. The petition of R. Fralin Development Corporation to rezone approximately 9.95 acres
from R-1, Single Family Residential District to PRD, Planned Residential District with
conditions to construct 60 town homes at a density not to exceed 6.1 units per acre,
located at the corner of Newland Road and Peters Creek Road, Hollins Magisterial
District.
Maps are attached. More detailed information is available in the Clerk's Office.
1
Jr
STAFF RECOMMENDATION:
rl--3
Staff recommends as follows:
1. That the Board approve and adopt the first reading of these rezoning ordinances for the
purpose of scheduling the second reading and public hearing for Auqust 23, 2005.
2. That this section of the agenda be, and hereby is, approved and concurred in as to
each item separately set forth as Items 1-3, and that the Clerk is authorized and
directed where required by law to set forth upon any of said items the separate vote
tabulation for any such item pursuant to this action.
2
F-
County of Roanoke
Community Development
Planning & Zoning
For Staff Use Onl
Date received:
Received by:
5204 Bernard Drive
POBox 29800
Roanoke, VA 24018-0798
(540) 772-2068 FAX
776-7155
PC/BZA date:
Placards issued: BOS date:
Check type of application filed (check all that apply)
~Rezoning 0 Special Use 0 Variance
o Waiver 0 Administrative Appeal
Applicants name/address wlzip
CAVENESS FRJPERT I ES, L. L. C.
Contact: Edward A. Natt, Esq.
3140 Cha arral Dr., Suite 200~, Rke 24018
Phone:
Work:
Cell #:
Fax No.:
725-8180
725-8180
Owner's name/address wlzip
CAVENESS PROPERllES, L.L.C.
Contact: Edward A. Natt, Esq.
3140 Chaparral Dr., Suite 200~,
Property Location
5604 Starkey Road
(fonnerly a part of
Phone #:
Work:
Fax No. #:
774-0961
725-8180
725-8180
774-0961
Rke 24018
Magisterial District:
Cave
Tax Map No.:
.
087.19-03-33
Community Planning area: Cave Spr i ng
rtion)
Existing Zoning:
R-3
Proposed Zoning: C-1
Proposed Land Use: Parking area in conjunct ion wi th office
Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district?
~ No IF NO, A VARIANCE IS REQUIRED FIRST.
~the parceJ meet the minimum criteria for the requested Use Type?@ No
IF NO, A VARIANCE IS REQUIRED FIRST
Ifrezoning request, are conditions being proffered with this request? Yes No
VarianceIWaiver ()f Section(s)
i.
of the Roanoke County Zoning Ordinance in order to:
Appeal of Zoning Administrator's decision to
Appeal ofInterpretation of Section(s):
Appeal of Interpretation of Zoning Map to
of the Roanoke County Zoning Ordinance
Is the application complete? Please check if enclosed. APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS
ARE MISSING OR INCOMPLETE.
R/S/W V/AA RIS/W V/AA R/S/W V/AA
m Consultation êii 8 1/2" x II" concept plan ~ Application fee
X Application X Metes and bounds description Proffers, if applicable
Justification Water and sewer application X Adjoining property owners
I hereby certify that I am either the owner of.!bs:..p,mPJ r ' i;ent..or qmtrpct wrchaser and am acting with the knowledge and consent
ofthe owner. lAVEN It::::>, L. L.t-.
BY: Owner's Signature
t s .M::\AA ~ 1-'t B }'k-t.-.. t-r
2
JUSTIFICATION FOR REZONING OR SPECIAL USE PERMIT REQUEST
f,1
Applicant
CAVENESS PROPERTIES, L.L.C.
The Planning Commission will study rezoning and special use permit requests to
determine the need and justification for the change in terms of public health, safety, and
general welfare. Please answer the following questions as thoroughly as possible. Use
additional space if necessary.
Please explain how the request furthers the purposes of the Zoning Ordinance
(Section 30-3) as well as the purpose found at the beginning of the applicable
zoning district classification in the Zoning Ordinance.
The rezoning of this parcel will enable the property owner to place additional parking for
its office in the rear rather than along the stone wall at the entrance of Woods Crossing
Drive on the side of the subject property. Adequate screening will be provided from
adjoining properties for this parking area. It is to be noted that this property was
secured after approval from the Woods Crossing Homeowners Association for the
transfer in order to enable parking to be placed in the rear rather than along the stone
wall at the entrance of Woods Crossing Drive on the side of the subject property so as
not to affect the view upon entrance into Woods Crossing Subdivision.
Please explain how the project conforms to the general guidelines and policies
contained in the Roanoke County Community Plan.
The project will conform to the policies contained in the Community Plan by putting
additional parking in the rear rather than along the stone wall at the entrance of Woods
Crossing Drive on the side of the subject property. Adequate screening will be provided
from the adjoining property of Woods Crossing. Again, this property has been acquired
for this sole purpose after consultation and approval from the Woods Crossing Board of
Directors and general Membership.
Please describe the impact(s) of the request on the property itself, the adjoining
properties, and the surrounding area, as well as the impacts on public services
and facilities, including waterlsewer, roads, schools, parkslrecreation and fire and
rescue.
There will be no impact on public facilities.
F:\USERS\CBaumgardner\ZONING\Caveness Prop JUSTIFICATION REZONING.doc
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Community Development
Planning & Zoning Division
F"- ,
NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION W AIVE~
PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION
PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE
The Roanoke County Planning Commission reserves the right to continue a Rezoning,
Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional
information is presented at the public hearing. If it is the opinion of the majority of the
Planning Commissioners present at the scheduled public hearing that sufficient time was not
available for planning staff and/or an outside referral agency to adequately evaluate and
provide written comments and suggestions on the new or additional information prior to the
scheduled public hearing then the Planning Commission may vote to continue the petition.
This continuance shall allow sufficient time for all necessary reviewing parties to evaluate
the new or additional information and provide written comments and suggestions to be
included in a written memorandum by planning staff to the Planning Commission. The
Planning Commission shall consult with planning staff to determine if a continuance may be
warranted.
POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMP ACT STUDY
The Roanoke County Planning Commission reserves the right to continue a Rezoning,
Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County
Traffic Engineer or staff ITom the Virginia Department of Transportation requests further
traffic analyses and/or a traffic impact study that would be beneficial in making a land use
decision (Note: a list of potential land uses and situations that would necessitate further
study is provided as part of this application package).
This continuance shall allow sufficient time for all necessary reviewing parties to evaluate
the required traffic analyses and/or traffic impact study and to provide written comments
and/or suggestions to the planning staff and the Planning Commission. If a continuance is
warranted, the applicant will be notified of the continuance and the newly scheduled public
hearing date.
CÔl\ley'\e~') RD:pert,eS' LL C
C: N.~mpet;~. Q~
~;g..tu..
D5
Date
ADJOINING PROPERTY OWNER LISTING
("1
Tax Map No.:
5604 Starkey Road
Part of 087.19-03-33
Address of Subiect Property:
Applicant/Owner's Name:
Caveness Properties
ADJOINING PROPERTY OWNERS
This list as follows are those property owners who own property beside, behind or across
the street from the subject property noted above:
COUNTY OF ROANOKE
Official Tax Number /
Property Address
Owner's Name
and Mailinq Address
087.18-01-35
5512 Arthur Street
Nettie K. McNeil
5538 Arthu r Street
Roanoke,VA 24014
087.18-01-36
5615 Starkey Road
Kenneth W. and Nancy S. McNeil
5615 Starkey Road
Roanoke,VA 240114
087.19-03-01.01
o Starkey Road
Woods Crossing Property Owners Assn.
c/o F & W Management Corporation
P. O. Box 20809
Roanoke,VA 24018
087.19-03-32
6923 Oak Court
Woods Crossing Property Owners Assn.
c/o F & W Management Corporation
P. O. Box 20809
Roanoke, VA 24018
087.19-03-34.06
5614 Starkey Road
Leon, Jr. and Joy Whitlow
5614 Starkey Road
Roanoke, VA 24014
\\JOLL y\SYS\USERS\CBaumgardnerIZONING\Caveness Prop APO.doc
Page 1 of 1
(-1
LEGAL DESCRIPTION
Address of Subiect Property:
5604 Starkey Road
Tax Map No.:
Part of 087.19-03-33
Applicant/Owner's Name:
Caveness Properties
--------------------------------------------------------------------
--------------------------------------------------------------------
BEGINNING at a point on the easterly side of Starkey Road and the
southerly side of Woods Crossing Drive (private road), said point being
designated as Point 1 on the PLAT OF SURVEY FOR CAVENESS
PROPERTIES, LLC, 5604 STARKEY ROAD, SHOWING THE
CONVEYANCE AND COMBINATION OF A 0.156 ACRE PORTION OF
EXISTING TAX PARCEL 87.19-3-33, BEING A PORTION OF THE
PROPERTY OF THE WOODS CROSSING HOMEOWNERS
ASSOCIATION, CREATING A NEW 0.590 ACRE PARCEL, prepared by
ACS Design under date of April 29, 2005; thence with the southerly line of
Woods Crossing Drive S. 65° 55' 00" E. 142.68 feet to the actual place of
BEGINNING, being designated as Point 2 on said plat; thence S. 65° 55'
00" E. 36.28 feet to Point 3 on said plat, said point being on the southerly
line of Woods Crossing Drive; thence leaving Woods Crossing Drive
through the property of Woods Crossing Homeowners Association
(DB 1299, PG 1657) the following courses and distances: S. 04° 25' 00" W.
27.78 feet to Point 4; thence S. 13° 56' 36" W. 105.48 feet to Point 5;
thence N. 65° 55' 00" W. 64.20 feet to Point 6; thence with the easterly line
of the former tract of Caveness Properties, L.L.C. N. 240 05' 00" E. 130 feet
to the point and place of BEGINNING, and containing 0.156 acre.
\\JOLL Y\SYS\USERS\CBaumgardner\ZONING\Caveness Prop LEGAL.doc
Page 1 of 1
/
s:;;--¿ (
. WIO(¡^,7:4,/~
DfT
~
Zoning
............ _AGJ
_EP
_^G1
AR Site
_I\V
G1
_C2
_ C2CVOD
/1
I.
_ PC!)
PRO
.PTO
R'
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R3
R4
Street Centerlines
Roanoke County
Department of
Community Development
-
Applicants Name: Caveness Properties, L.L.C.
Existing Zoning: R-3
Proposed Zoning: C-1
Tax Map Number: 87.19-3-32 (portion)
Magisterial District: Cave Spring Area: 0.156 Acres
June 2702005 1 inch equals 100 feet
F-Q
County of Roanoke
Community Development
Planning & Zoning
Date received:
For Staff Use Onl
Received by:
Application fee:
5204 Bernard Drive
POBox 29800
Roanoke, VA 24018-0798
(540) 772-2068 FAX
776-7155
Placards issued:
Case Number
540
ALL APPLICANTS
Check type of application filed (check all that appJy)
] Rezoning :X Special Use '-I Variance
. Waiver
Applicants name/address w/zip
Vision Builders LLC
3959 Electric Road, Suite 100
Roanoke VA 24018
Phone:
Work:
Cell #:
Fax No,:
Owner's name/address w/zip
Bob L. Johnson
Steven Hullins
Phone #:
Work:
Fax No. #:
Property Location
6044 Peters Creek Road
Magisterial District:
Community Planning area:
Tax Map No,: 2 6 . 1 6 - 2 - 1 4
Existing Zoning:
Sizeofparcel(s):Acres: +1.9 AC.
Existing Land Use:
REZONING SPECIAL USE PERMIT AND WAIVER APPLICANTS (R/SfW)
Proposed Zoning:
Proposed Land Use:
sup C- 2
Convience Store
PC/BZA date:
BOS date:
:- Administrative Appeal
Same
540-776-0606
54u-5.;7-J.173
540-776-2848
Same
Hollins
C- 2
Residential (land use)
Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district?
Yes XX No '.J IF NO, A VARIANCE IS REQUIRED FIRST.
Does the parcel meet the minimum criteria for the requested Use Type? Yes XX No !
IF NO, A VARIANCE IS REQUIRED FIRST
If rezoning request, are conditions being proffered with this request? Yes No
VariancelWaiver ofSection(s)
VARiANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (V/W/AA)
of the Roanoke County Zoning Ordinance in order to:
Appeal of Zoning Administrator's decision to
Appeal of Interpretation of Section(s):
Appeal of Interpretation of Zoning Map to
of the Roanoke County Zoning Ordinance
Is the application complete? Please check if enclosed, APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS
ARE MISSING OR INCOMPLETE.
RISIW VI AA RISIW VI AA RIS/W VI AA
æ Consultation E3i 8 112" X II" concept plan
Application Metes and bounds description
Justification Water and sewer application
I hereby certify that I am either the owner of the property or the owne ' or con r
of the ownero ,//.
/
EB Application fee
Proffers, if applicable
Adjoining property owners
urchaserand am acting with the knowledge and consent
er's Signature
2
f-~
JUSTIFICA nON FOR REZONING, SPECIAL USE PERMIT OR WAIVER REQUEST
Applicant
Vision Builders, LLC
The Planning Commission will study rezoning, special use pennit or waiver requests to detennine the need and justification for the
change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible, Use
additional space if necessary.
1. Please explain how the request furthers the purposes oftbe Roanoke County Ordinance as well as the purpose found
at the beginning of the applicable zoning district classification in the Zoning Ordinance.
The development of this ±15 acre tract as proposed by the
concept plan would afford the North County area a unique
shopping and dining opportunity. Peters Creek and Airport
Roads, both major arterials intersect at this location.
Fully developed this property (currently in land use) will
no doubt provide the county much needed tax revenue. The
developers are also proposing to donate approximately 6
acres to the county for a regional storm water detention
pond.
2. Please explain how tbe project conforms to the general guidelines and policies contained in the Roanoke County
Community Plan.
The Roanoke County Community Plan as a mission statement
under section six (6) states "to attract and retain to the
county quality jobs and investment that diversify the economy,
broaden the tax base, and provide long-term employment
opportunities for area residents." We feel our master plan
for this site comports with the mission statement and
brings to fruit at ion the county's land use plan for this
parcel.
3. Please describe the impact(s) ofthe request on the property itself, the adjoining properties, and the surrounding area,
as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire
and rescue.
The property in question is currently zoned C2, this SUP
request is for a convience store at the southeastern portion
of the property contigieous to peter·s Creek Road. The
site will be lowered ±25ft. below the current elevation of
the adjouring properties. Appropriate screening & buffering
will be proffered so as to mitigate any noise or site issues.
We sèe little or no impact on basic county services. Water
& Sewer are on the property. (See attached maps)
3
I JUSTIFICATION FOR VARIANCE REQUEST
f-~
I
Applicant
Vision Builders LLC
The of Zoning Appeals is required by Section 1502-2309 ofthe Code of Virginia to consider the following factors before a variance
can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If
additional space is needed, use additional sheets of paper.
1. The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose
of the Zoning Ordinance.
N/A
2. The strict application of the zoning ordinance would produce undue hardship; a hardship that approaches
confiscation (as distinguished from a special privilege or convenience) and would prohibit or unreasonably restrict the
use of the property.
N/A
3. The hardship is not shared by other properties in the same zoning district or vicinity. Such hardships should be
addressed by the Board of Supervisors as amendments to the Zoning Ordinance.
N/A
4. The variance will not be of a substantial detriment to the adjacent properties or the character of the district.
N/A
4
JUSTIFICATION FOR ADMINISTRATIVE APPEAL REQUEST
Applicant vis ion B u i 1 d e r s, L L C
Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper,
I. Reasons for appeal:
N/A
f-~
2. Evidence supporting claim:
N/A
5
f-~
I
I CONCEPT PLAN CHECKLIST
A concept plan of the proposed project must be submitted with the application, The concept plan shall graphically depict the
land use change, development or variance that is to be consideredo Further, the plan shall address any potential land use or
design issues arising from the request, In such cases involving rezonings, the applicant may proffer conditions to limit the future
use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting
regulations.
The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit.
Site plan and building pemit procedures ensure compliance with State and County development regulations and may require
changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special
use permit or variance, the concept plan may be altered to the extent pemitted by the zoning district and other regulations.
A concept plan is required with all rezoning, special use permit, waiver and variance applications. The plan should be prepared
by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning
Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum:
ALL APPLICANTS
---X- a, Applicant name and name of development
Date, scale and north arrow
Lot size in acres or square feet and dimensions
Location, names of owners and Roanoke County tax map numbers of adjoining properties
Physical features such as ground cover, natural watercourses, floodpJain, etc.
The zoning and land use of all adj acent properties
All property lines and easements
All buildings, existing and proposed, and dimensions, floor area and heights
Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development
Dimensions and locations of all driveways, parking spaces and loading spaces
---X- bo
X c.
X d.
X e.
X f.
--.L g.
X h.
..1L 1.
X J.
Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS
---X- k,
..lL I.
X m.
..1L no
X o.
X p.
-L qo
Existing utilities (water, sewer, storm drains) and connections at the site
Any driveways, entrances/exits, curb openings and crossovers
Topography map in a suitable scale and contour intervals
Approximate street grades and site distances at intersections
Locations of all adjacent fire hydrants
Any proffered conditions at the site and how they are addressed
Ifproject is to be phased, please show phase schedule
"red in the checklist above are complete.
OG-&.-'1.-0S-
Date
6
Planning Commission Application Acceptance Procedure
f-~
The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision
Waiver, Public Street Waiver or Special Use Pennit petition if the new or additional information is
presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present
at the scheduled public hearing that sufficient time :was not available for planning staff and/or an outside
referral agency to adequately evaluate and provide written comments and suggestions on the new or
additional information prior to the scheduled public hearing then the Plamùng Commission may vote to
continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to
evaluate the new or additional information and provide written comments and suggestions to be included
in a written memorandum by plamùng staff to the Planning Commission. The Planning Commission shall
consult with planning staff to determine if a continuance may be warranted.
Name of Petition:
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Petitioner's Signature:
Date:
8
Community Development
f-Á
Planning & Zoning Division
NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER,
PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION
PLANNING COMMISSION ApPLICATION ACCEPTANCE PROCEDURE
The Roanoke County Planning Commission reserves the right to continue a Rezoning,
Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional
infonnation is presented at the public hearing. If it is the opinion of the majority of the
Planning Commissioners present at the scheduled public hearing that sufficient time was not
available for planning staff and/or an outside referral agency to adequately evaluate and
provide written comments and suggestions on the new or additional infonnation prior to the
scheduled public hearing then the Planning Commission may vote to continue the petition.
This continuance shall allow sufficient time for all necessary reviewing parties to evaluate
the new or additional information and provide written comments and suggestions to be
included in a written memorandum by plarming staff to the Planning Commission. The
Planning Commission shall consult with pI arming staff to determine if a continuance may be
warranted.
POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY
The Roanoke County Planning Commission reserves the right to continue a Rezoning,
Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County
Traffic Engineer or staff from the Virginia Department of Transportation requests further
traffic analyses and/or a traffic impact study that would be beneficial in making a land use
decision (Note: a list of potential land uses and situations that would necessitate further
study is provided as part of this application package).
This continuance shall allow sufficient time for all necessary reviewing parties to evaluate
the required traffic analyses and/or traffic impact study and to provide written comments
and/or suggestions to the planning staff and the Planning Co1TII1Ùssion. If a continuance is
warranted, the applicant will be notified of the continuance and the newly scheduled public
hearing date.
Date
:
Community Development
rd~
Planning & Zoning Division
POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMP ACT STUDY
The following is a list of potentially high traffic-generating land uses and road
network situations that could elicit a more detailed analysis of the existing and
proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver,
or special use permit request. If your request involves one of the items on the
ensuing list, we recommend that you meet with a County planner, the County traffic
engineer, and/or Virginia Department of Transportation staff to discuss the potential
additional traffic related information that may need to be submitted with the
application in order to expedite your application process.
(Note this list is not inclusive and the County staff and VDOT reselVe the right to
request a traffic study at any time, as deemed necessary.)
High Traffic-Generating Land Uses:
· Single-family residential subdivisions, Multi-family residential units, or
Apartments with more than 75 dwelling units
· Restaurant (with or without drive-through windows)
· Gas station/Convenience store/Car wash
· Retail shop/Shopping center
· Offices (including: financial institutions, general, medical, etc.)
· Regional public facilities
· Educational/Recreational facilities
· Religious assemblies
· Hotel/Motel
· Golf course
· Hospital/Nursing home/Clinic
· Industrial site/Factory
· Day care center
· Bank
· Non-specific use requests
Road Network Situations:
· Development adjacent to/with access onto/within 500-ft of intersection of a
roadway classified as an arterial road (e.g., Rte 11, 24,115,117,460,11/460,
220, 221, 419, etc)
· For new phases or changes to a development where a previously submitted
traffic study is more than two (2) years old and/or roadway conditions have
changed significantly
· When required to evaluate access issues
· Development with ingress/egress on roads planned or scheduled for expansion,
widening, improvements, etc. (Le. on Long Range Transportation Plan, Six-Yr
Road Plan, etc.)
· Development in an area where there is a known existing traffic and/or safety
problem
· Development would potentially negatively impact existing/planned traffic
signal(s)
· Substantial departure from the Community Plan
· Any site that is expected to generate over one hundred (100) trips during the
peak hour of the traffic generator or the peak hour on the adjacent streets, or
over seven hundred fifty (750) trips in an average day
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Applicants Name: Vision Builders, LLC
Existing Zoning: C-2
Proposed Zoning: C-2S
Tax Map Number: 26.16-2-14 (portion of)
Magisterial District: Hollins Area: 1.9 Acres
June 29, 2005 Scale: 1" = 400'
Roanoke County
Department of
Community Development
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County of Roanoke
Community Development
Planning & Zoning
For Staff Use Dol
Date received:
Received by:
5204 Bernard Drive
POBox 29800
Roanoke, VA 24018-0798
(540) 772-2068 FAX
776-7155
Application fee:
PClBZA date:
Placards issued: BOS date:
Check type of application filed (check all that apply)
XI Rezoning [:J Special Use 0 Variance
[:J Waiver [:J Administrative Appeal
Applicants name/address wlzip
R. Fralin Development Corporation
P.O. Box 62.4 4
Phone:
Work:
Cell #:
Fax No.:
*381-9700
293-3234
381 ~871
Phone #:
Work:
Fax No, #:
Road &
Magisterial District: Hollins
Tax Map No,:
26.LO-04-01.00 2.00
Community Planning area: Hollins
Existing Zoning: R - 1
Proposed Zoning: PRD
Proposed Land Use: esidential
Does the parcel meet the minimum lot area, width, and &ontage requirements of the requested district?
Yes §{ No 0 IF NO, A VARIANCE IS REQUIRED FIRST.
Does the parcel meet the minimum criteria for the requested Use Type? Yes ΠNo [:J
IF NO, A VARIANCE IS REQUIRED FIRST
If rezoning request. are conditions being proffered with this request? Yes IX No 0
VariancelWaiver of Section(s)
of the Roanoke County ZOIÚng Ordinance in order to:
Appeal of Zoning Administrator's decision to
Appeal ofInterpretation of Section(s):
Appeal ofInterpretation of Zoning Map to
of the Roanoke County Zoning Ordinance
Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS
ARE MISSING OR INCOMPLETE.
RJSfW V/AA RJS/W V/AA R/S/W V/AA
rn Consultation §i 8 1/2" x 11" concept plan §B Application fee
Application Metes and bounds description Proffers, if applicable
Justification Water and sewer application Adjoining property owners
I hereby certify that I am either the owner of the property or the own's agent or contract purchaser and am acting with the knowledge and consent
of the owner.
Owner's Signature
2
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Applicant
R. Fralin Development Corporation
The Planning Commission will study rezoning, special use permit or waiver requests to determine the need and justification for the
change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use
additional space if necessary.
1. Please explain how the request furthers the purposes of the Roanoke Counry Ordinance as well as the purpose found
at the beginning of the applicable zoning district cl~ssification in the Zoning Ordinance.
This project furthers the PRD Section of the zoning ordinance by
providing a variety of housing that meets the need of many in
Roanoke County. It takes advantage of the flexibility found in
the PRD Section by utilizing the buildable area of the site and
preserving the remaining 40% of the site in green spacé. This
project will provide a superior living environment to the resident~
of this community.
2. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County
Community Plan.
This area is designated as Transition and Neighborhood Conservatior.
This project is in compliance with this designation because it
provides a natural transition between the existing single family
properties and the commercially zoned properties along Peters
Creek Road. The project is also being developed at a density
already allowed by R-1 zoning.
3. Please describe the impact(s) ofthe request on the property itself, the adjoining properties, and the surrounding area,
as well as thè impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire
and rescue.
This project will have less impact on public services than
a normal development of this density. The nature of the_
development- suggests that fewer than normal school children
~ill be living in the development thus~greatly reducing the
impact on schools and parks.
This project will have the normal impact on public utlities
of any residential development of this size. Water and sewer
availability has been confirmed. The adjoining woodland
subdivision will see the most impact from traffic, however
our connection to Cross Timbers Trail was accounted for
n ri ht of wa .
3
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A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the
land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or
design issues arising fi-om the request. In such cases involving rezonings, the applicant may proffer conditions to lirillt the future
use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting
regulations.
The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit.
Site plan and building permit procedures ensure compliance with State and County development regulations and may require
changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special
use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations.
A concept plan is required with all rezoning, special use permit, waiver and variance applications. The plan should be prepared
by a professional site planner. The level of detail may vary, depending on the nature of the request. The COtll1ty Planning
Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum:
ALL APPLICANTS
X ao Applicant name and name of development
----X- b, Date, scale and north arrow
-1L c. Lot size in acres or square feet and dimensions
X d. Location, names of owners and Roanoke County tax map numbers of adjoining properties
---.2L e. Physical features such as ground cover, natural watercourses, floodplain, etc.
---.2L f. The zoning and land use of all adjacent properties
X
g.
h.
All property lines and easements
All buildings, existing and proposed, and dimensions, floor area and heights
X
X
X
1.
Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development
Dimensions and locations of aB driveways, parking spaces and loading spaces
J.
Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS
---X- k. Existing utilities (water, sewer, storm drains) and connections at the site
-1L 1. Any driveways, entrances/exits, curb openings and crossovers
...L m Topography map in a suitabJe scale and contour interva]s
X n. Approxirn.ate street grades and site distances at intersections
L o. Locations of all adjacent fire hydrants
-1L p. Any proffered conditions at the site and how they are addressed
-L q. If project is to be phased, please show phase schedule
[7ms ",,"',cd in th, "<old'" ,boY< m ,ompl,".
Signature of applicant
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Date
6
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Petitioner: R. Fralin Development Corp (Contract Purchaser)
P.O. Box 6244
Christiansburg, Va 24068
Request: Rezoning From R-1 to PRD
Property: 9.95 acres- Tax # 26.20-4-1,2,3,4
Property Owner: James Wallace Cates, II
6571 Newland Rd.
Roanoke, VA
The following are proffered conditions for the above referenced Zoning Case.
Proffered Condition
1. The developer hereby proffers substantial compliance with PRD rezoning
document titled "Villas of the Valley a Planned Residential Retirement
Community", Prepared by Balzer and Associates, Inc. Dated 6-24-05.
2. The developer hereby proffers that no more than 60 units will be
constructed on this site.
Signed:
Title
Date
VILLAS OF THE VALLEY DESIGN GUIDLINES
INTRODUCTION
Villas of the Valley is a 9.95 acre Planned Residential Development located at the
intersection of Newland Road and Peters Creek Road in Roanoke County, Virginia. The
intent of the project is to offer a pedestrian scale neighborhood that will cater to the needs
of Roanoke's retirement community. This project will also provide a natural transition
between the adjacent single family residences and commercially zoned property.
The housing provided will be a mixture of one and two story townhomes, most of
which provide master bedrooms on the first floor. Many of the units will have attached
garages on the main level. The home sizes, including the garage, will vary from 1,150 sf
for one level homes, up to 1,900 sf for two level homes.
The site layout clusters the townhomes to allow for greater preservation of open
space. The project will include such amenities as sidewalks, a walking trail and gazebo
while maintaining a minimum of 40% of open space on site.
Balzer and Associates 3
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Site Location Indicated in Black above, adjacent to Peters Creek Road.
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VILLAS OF THE VALLEY DESIGN GUIDELINES
SITE SUMMARY
Site Data
The site consists of tax parcel #'s 26.20-04-01.00 (8.77ac.), 26.20-04-02.00
(0.215 ac.), 26.20-04-03.00 (0.497ac.), and 26.20-04-04.00 (0.471ac.). The total site area
is 9.953 acres. The current zoning is R-l and would currently allow up to 75 units under
the by right lot line option.
Existing Conditions
The site consists of 25% open areas and 75% wooded areas. There are two
existing residences with associated out buildings on the property that will be removed.
The site has slopes on the property ranging from 1 % to 50+ %. West Carvins Creek and
associated floodplain runs through the northern side of the property.
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Adjacent Properties
Adjacent properties to the north are undeveloped R-3 lots and a property zoned C-
2 which is currently used as a single-family residence. The property to the west consists
of an undeveloped R-3 lot and the adjacent Woodlands subdivision. Eastern properties
are zoned R-1 with single-family residentia110ts along Newland Road. The southern
portion of the property fronts on Peters Creek Road.
Preservation Area
The development of this property will be limited to the flatter areas of the site.
By limiting the development to the flatter portions, this project provides a design that is
both sensitive to the needs of the retirement community and to that of the existing
environmental ecosystems. By preserving the existing steep slopes, floodplains and
woodlands, there will be less of an impact on the existing wildlife and natural habitat.
The total preserved area will be a minimum of 40% of the total site area.
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Balzer and Associates 5
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Buffer Yard
I
A 15' buffer yard shall be established along the southern property line to help
reduce any minimal impact this project may have on the adjacent homeowners. A 25'
building setback will be in place along the northern property line, along with a 30' front
yard along Peters Creek Road and Newland Road
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Utilities
I
Both water and sewer are available to the property and have been confinned with
the WVW A. The water service will be provided by extending an 8" water line from a 10"
water main located at the northern property line. There is an existing blow off valve on
site where the connection will be made.
I
The sewer service will be provided by extending an 8" sewer line from the sewer
main located in the northwestern portion or the property.
I
Both water and sewer services and easements will be designed and installed in
accordance with the WVW A standards.
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Access
I
Access to the property will be through the end of Crosstimbers Trail that currently
serves the Woodlands Subdivision. The maximum traffic generation from this site will
be 650 trips per day based on 10 trips per residential unit. This access point was planned
for in the development of Woodlands Subdivision and a 50 ft. Right of Way was platted
with the subdivision to allow future access to this property.
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Balzer and Associates 6
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VILLAS OF THE VALLEY DESIGN GUIDELINES
Site Desi2:n Guidelines
Intent
These design guidelines are written with the intent to guide the development of
Villas of the Valley. They are intended to develop the overall character of the
community. These guidelines are not meant to cover all site-specific issues or alterations
and should be applied as a guide to meet the development goals of the project.
r
Associa tion
All property owners at Villas of the Valley will automatically be members of a
Homeowners Association for this development. The Homeowners Association will be
established to maintain the entire development including the exterior of the town homes.
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Parking and Internal Drives
I
All internal parking and drive aisles will be in accordance with Roanoke County
Design Standards. This includes parking requirements, dimensions and landscaping. All
internal parking areas and drives will be privately maintained by the Homeowners
Association.
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Sidewalks and Trails
Concrete or stamped concrete sidewalks will be provided to each unit rrom the
parking area serving that unit. The minimum sidewalk width shall be 3 feet.
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A walking trail shall be provided to the proposed gazebos and any other site
amenities. The trail surface shall be mulch or pea gravel and shall be a minimum of3 feet
wide.
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Landscaping and Buffers
I
The 15' landscaped buffer along the southern and western property line shall be
developed in accordance with Sect 30-92-5 (A) Type A, Option 2 of the Roanoke County
Zoning Ordinance. This landscape buffer specifies a 15 ft. buffer with one large tree and
3 small trees for every 75'. Also required is a 6 ft evergreen screening and 2 large shrubs
for every lOft.
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Balzer and Associates 9
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Landscaping along Peters Creek Road and Newland Road will consist of a
planting strip containing a minimum of one large deciduous tree for every 30 linear feet
along the public street right of way. Small trees planted every 20 linear feet may be used
where an overhead power line or other obstruction is present. In addition, a minimum of
two shrubs shall be placed in the planting strip for every five linear feet of frontage. This
should not be construed as meaning that the plants must be uniformly planted.
Undulating berms a minimum of 3 ft. high will also be provided.
All other landscaping and the landscaping internal to the parking area shall be in
accordance with the Roanoke County Zoning Ordinance,
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Each unit will be professionally landscaped with sufficient foundation
landscaping and additional trees where sufficient growing space is available.
Lot Size
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The minimum lot width shall be 22 feet and the minimum lot area shall be 1,000
sf. The lots shall encompass the entire unit including any porches, overhangs and/or
decks.
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Minimum Building Size
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The minimum building size shall be 1,150 sf for one story units (including the
garage), and 1,900 sf for two story units. The minimum townhouse unit width shall be 22
feet.
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Maximum Building Height
I
The maximum building height for the townhouse units is 45 ft.
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Accessory Buildings
I
There will no accessory buildings permitted for residential use.
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Setbacks
There shall be no required setbacks for the units from internal lots, except that no
group oftownhomes shall be closer than 10 feet to any other group of town homes.
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Balzer and Associates 10
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The minimum setback for any unit rrom Peters Creek Road and Newland Road
shall be 30 feet. The minimum setback for any unit from all other property lines shall be
15 feet.
Density
The proffered maximum number of townhouse units shall be 60.
Density Calculation:
5 Units per Acre
+ 12.5 Units per Acre for open space bonus
17.5 Units per Acre or 174 Units Total
174 Units are allowed as a maximum. 60 Units are being proffered
Open Space
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The minimum contiguous open space provided for the development shall be 40%
in the undeveloped portion of the site. This does not include areas within the parking
areas.
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The only disturbance to the open space or preserved area will be the installation of
the water and sewer utilities. The utilities will be installed with as little impact as
possible.
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Lighting
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All lighting shall be residential in scale and style (i.e. post mounted lighting) and
shall not exceed 10' in height. The lighting shall be arranged so it does not cast glare on
adjacent properties nor does more than 0.5-foot candles cross any adjacent property line.
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Utilities
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All utilities shall be placed underground and all heat pumps and other
appurtenances shall be screened.
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Trash Collection
Trash collection shall be can pick up.
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Balzer and Associates 11
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Architectural Requirements
The developer has supplied townhouse plans and elevations representing the style
proposed for this development. Examples of the elevations can be found on the
following pages.
Exterior Materials: Siding shall be a mixture of brick and vinyl siding.
Roofing shall be a minimum of an architectural style
shingle.
Colors: Natural earth tones shall be used for all vinyl siding with complimentary
brick and trim colors
Grouping: No more than 7 townhouse units shall be grouped together in a single
block. No more than 2 abutting town houses shall have the same front
building line. The minimum variation in front building lines shall be 3
feet.
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EXISTING CONDITIONS
ROANOKE COUNTY, VIRGINIA
Community Development . Planning & Zoning Division
(3
NOTICE TO APPLICANTS FOR REZONING:- SUBDIVISION W ~
PuBLIC STREET WANER, OR SPECIAL ÙSE PERMIT PETITION
PlANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE
The Roanoke County Plamúng Commission reserves the right to continue a Rezoning,.
Subdivision Waiver. Public Street Waiver Ot Special Use Pennit petition ifnewor additional
infomation is presented at ~e public hearing. If it is the opinion of the ma.jority of the
Planning Conunis.sioners present at the scheduled public bearing that sufficient time was not
available for planning staff and/or an .outside referral agency to adequately evaluate and
pto\oide written comments and suggestions on the new or additional information prior to the
scheduled public hearing then the Planning Commission may vote to continue the petition.
This continuance shall allow sufficient time for all necessary reviewing pm:ties to evaluate
the new Of additional information and provide written comments and suggestions to be
included in a written memorandum by planning staff to the Planning Commission. The
Planning Commission shall coI1S'01.t with planning staff to determine if a continuance may be
warranted.
POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY
The Roanoke County Planning Commission reserves the right to continue a Rezoning.
Subdivision Waiver. Public Street Wmver, or Special Use Pemrit petition if the Coùnty
Traffic Engineer or staff from the Virginia Department of Transportation requesß further
traffiç analyses and/or a traffic impact study that would be beneficial in making a land use
decision (Note: a list of potential land uses. and situations that would necessitate further
study is provided as pœ-l of this application package).
This continuance shall allow sufficient time fOr all necessary reviewing parties to evaluate
the required traffic analyses and/or traffic impact study and to provide written comments
and/or suggestions to the planning staff and the Planníng Commission. If a. continuance is
wan-anted) the applicant will be notified of the continuance and the newly scheduled public
hearing date.
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Roanoke County
Department of
Community Development
Applicants Name: R. Fralin Development Corp.
Existing Zoning: R-1
Proposed Zoning: Rezoning
Tax Map Number: 26.20-4-1,2,3 & 4
Magisterial District: Hollins Area: 9.95 Acres
June 27, 2005 Scale: 1" = 200'
ACTION NO.
ITEM NO. G -l
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26,2005
AGENDA ITEM:
First reading of an ordinance amending Section 2-2 "Industrial
Development Authority" of the Roanoke County Code to
change the name of said Authority to the Economic
Development Authority of Roanoke County, Virginia
SUBMITTED BY:
Doug Chittum
Director of Economic Development
Paul M. Mahoney
County Attorney
ElmerC. Hodge ~¡1~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
A work session was held on June 7, 2005 for the purpose of discussing the policies and
procedures related to the County's use of economic development incentives. At that
meeting, the Board requested that the Roanoke County Industrial Development Authority
amend their name to the Roanoke County Economic Development Authority to more
accurately reflect their mission. This name change must be accomplished by ordinance
amending Section 2-2 of the Roanoke County Code, a copy of which is attached. The
Authority discussed this matter at their regularly scheduled meeting on July 6 and agreed
that the name suggested by the Board of Supervisors is more appropriate considering its
current purpose and role.
FISCAL IMPACT:
There is no fiscal impact to either the County or the Authority.
~
G-I
ALTERNATIVES:
1. Change the name of the Roanoke County Industrial Development Authority to the
Roanoke County Economic Development Authority.
2. Do not change the name of the Roanoke County Industrial Development Authority.
STAFF RECOMMENDATION:
Staff recommends Alternative 1, adoption of the ordinance changing the name of the
Roanoke County Industrial Development Authority to the Roanoke County Economic
Development Authority.
G-I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 26,2005
ORDINANCE AMENDING SECTION 2-2 "INDUSTRIAL DEVELOPMENT
AUTHORITY" OF THE ROANOKE COUNTY CODE TO CHANGE THE
NAME OF SAID AUTHORITY TO THE ECONOMIC DEVELOPMENT
AUTHORITY OF ROANOKE COUNTY, VIRGINIA
WHEREAS, Section 15.2-4903 of the Code of Virginia, 2950, as amended,
authorizes the governing body of Roanoke County to change the name of the Industrial
Development Authority of Roanoke County, Virginia, to the Economic Development
Authority of Roanoke County, Virginia, if it so chooses; and
WHEREAS, the Board of Supervisors finds that changing the name of the Industrial
Development Authority of Roanoke County, Virginia to the Economic Development
Authority of Roanoke County, Virginia more accurately reflects its current purpose and role
in fostering and promoting economic development in the County; and
WHEREAS, the first reading of this ordinance was held on July 26, 2005, and the
second reading of this ordinance was held on August 9, 2005.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia:
1. That Section 2-2 of the Roanoke County Code be amended and reenacted to
read as follows:
Sec. 2-2. Industrial development authority.
(a) There is hereby created a political subdivision of the commonwealth
with such public and corporate powers as are set forth in the Industrial Development and
Revenue Bond Act, § 15.2-4900 et seq. of the Code of Virginia.
G-\
/ { Deleted: Industrial
(b) The name of the political subdivision hereby created shall be the y/ / /
Economic Development Authority of Roanoke County, Virginia.
2. That this ordinance shall take effect from and after the date of its adoption.
..
ACTION NO.
XI-3
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26, 2005
AGENDA ITEM:
Appointments to Committees, Commissions and Boards
SUBMITTED BY:
Diane S. Childers
Clerk to the Board
Elmer C. Hodge ~ }I~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Blue Ridge Behavioral Healthcare Board
Mr. Roger Laplace has submitted his resignation from this committee effective
immediately. This three-year term will expire on December 31,2007.
2. Community Policy and Management Team (CPMT)
Roanoke County Schools have requested that Dr. Linda Weber be appointed as the
school division representative to the Community Policy and Management Team. Becky
Roe, who is current serving in this capacity, will serve as the alternate representative.
There is no term limit for this appointment.
Ratification of this appointment has been placed on the consent agenda.
]:ï.3
3. Social Services Advisory Board (Appointed by District)
The following four-year terms will expire on August 1, 2005: Dorothy Barr, Catawba
Magisterial District; Dorothy "Dot" Hayes, Hollins Magisterial District; and Natalie Norris,
Cave Spring Magisterial District.
Ms. Hayes, Hollins Magisterial District, has advised that she is willing to serve an
additional four-year term which will expire on August 1, 2009. Confirmation of this
appointment has been placed on the consent agenda.
2
3\ - 5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 26,2005
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM J . CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for July 26,
2005, designated as Item J - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 5,
inclusive, as follows:
1. Approval of minutes - July 12, 2005
2. Ratification and confirmation of appointments to the Community Policy and
Management Team (CPMT) and the Social Services Advisory Board
3. Resolution of appreciation following the retirement of William Bowling, Sheriff's
Office, following 23 years of service.
4. Request from schools to appropriate funds in the amount of $10,000 from
Bedford County Schools for joint funding of the R. E. Cook Alternative School
5. Request to authorize an amendment to the contract with the City of Roanoke
and the Roanoke Regional Airport Commission
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.
~-Q
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26, 2005
Ratification and confirmation of appointments to the
Community Policy and Management Team (CPMT) and the
Social Services Advisory Board
AGENDA ITEM:
SUBMITTED BY:
Diane S. Childers
Clerk to the Board
Elmer C. Hodge ~f{
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Community Policy and Management Team (CPMT)
Roanoke County Schools have requested that Dr. Linda Weber be appointed as the
school division representative to the Community Policy and Management Team. Becky
Roe, who is current serving in this capacity, will serve as the alternate representative.
There is no term limit for this appointment.
It has been requested that confirmation of this appointment be placed on the consent
agenda.
2. Social Services Advisory Board (Appointed by District)
Supervisor Flora has requested that Ms. Dorothy "Dot" Hayes, Hollins Magisterial
District representative, be appointed to serve an additional four-year term that will expire
on August 1, 2009. He requested that confirmation of this appointment be placed on
the consent agenda.
J-~
STAFF RECOMMENDATION:
It is recommended that the above ratification and confirmation of appointments to the
Community Policy and Management Team (CPMT) and the Social Services Advisory Board
be confirmed.
2
ACTION NO.
ITEM NO.
]"-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26, 2005
AGENDA ITEM:
Resolution of appreciation upon the retirement of William S.
Bowling, Sheriff's Office, following twenty-three years of
service
SUBMITTED BY:
Brenda J. Holton
Deputy Clerk to the Board
Elmer C. Hodge #
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Mr. William S. Bowling retired on July 1, 2005, following twenty-three 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. Bowling with the appreciation of the Board members for his service to
the County.
,3...3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 26,2005
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF
WILLIAM S. BOWLING, SHERIFF'S OFFICE, FOLLOWING TWENTY·
THREE YEARS OF SERVICE
WHEREAS, William S. Bowling was first employed by Roanoke County in the
Sheriff's Office as a Deputy Sheriff on June 16, 1982, and attained the rank of Deputy
Sheriff-Sergeant; and
WHEREAS, Sergeant Bowling, while serving in the military reserves, was called up
to active duty and deployed to Iraq during the Gulf Conflict and to Bosnia; and
WHEREAS, Sergeant Bowling retired from Roanoke County on July 1, 2005,
following twenty-three years of service; and
WHEREAS, Sergeant Bowling, through his employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens through his work as a
Deputy Sheriff and his military service.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of
Roanoke County to WILLIAM S. BOWLING following twenty-three 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.
:J-L\
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26,2005
AGENDA ITEM:
Request from schools to appropriate funds in the amount of
$10,000 from Bedford County Schools for joint funding of the
R. E. Cook Alternative School
SUBMITTED BY:
Dr. Lorraine Lange
Deputy Superintendent
Elmer C. Hodge ¿Ii
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~~
SUMMARY OF INFORMATION:
Bedford County and Roanoke County school systems jointly fund the R. E. Cook
Alternative School located in Vinton. The Student Assistance Program (SAP) position at
the school is part-time and there is a need to increase the position to full-time status.
Through reorganization of SAP positions, Roanoke County Schools can contribute 50
percent funding along with 50 percent funding from Bedford County Schools so that the
SAP position at R. E. Cook can become full-time. This is a one-year position extension
and its future viability depends upon both Bedford and Roanoke County schools having
available fund to continue.
FISCAL IMPACT:
$10,000 from Bedford County Schools will be added to the R. E. Cook program.
ALTERNATIVES:
None
j-~
STAFF RECOMMENDATION:
Staff recommends that the $10,000 from Bedford County be appropriated to account
000825-0593 to partially fund the SAP position at the R. E. Cook Alternative School.
ACTION NO.
ITEM NO.
J-~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26, 2005
AGENDA ITEM:
Request to authorize an amendment to the contract with the
City of Roanoke and the Roanoke Regional Airport
Commission
SUBMITTED BY:
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
On January 28, 1987, Roanoke County entered into a contract with the City of Roanoke
and the Roanoke Regional Airport Commission for the management and operation of the
Roanoke Regional Airport. Sections 5 and 21 (b) of the 1987 contract address Fire Station
No.10. The City has agreed to convey Fire Station No. 10 to the Commission, and the City
and the Commission have agreed to certain changes in the operation and funding for the
operation of this station. These changes require an amendment to the 1987 contract.
The amendment provides that the Commission shall be reimbursed by the City for all of its
operation costs, as well as all costs of utilities, equipment, materials and supplies utilized at
Fire-EMS Station NO.1 0 on a 50/50 percentage basis.
STAFF RECOMMENDATION:
It is recommended that the Board of Supervisors approve this contract amendment and that
the County Administrator be authorized to execute this contract amendment on behalf of
Roanoke County.
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Unaudited Balance at June 30, 2005
Amount
$11,808,285
Unallocated revenue 2005-2006
350,000
Balance at July 26,2005
12,158,285
N~\
% of General
Fund Revenues
7.57%
7.79%
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 Revenues $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! ;1'
County Administrator
Approved By
N-~
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 $5,268,848006
Balance at July 26,2005 $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 opportunities.)
Unaudited Balance at June 30, 2005 $1,416,838.00
7/1/2005 Capital Improvement Program funding for 2005-06 (Library) (1,416,838.00)
Balance at July 26,2005 $0.00
Submitted By
Rebecca E, Owens
Director of Finance
Approved By
Elmer C. Hodge £/~
County Administrator
N~3
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
Amount
From 2005-2006 Original Budget $100,000.00
Balance at July 26,2005 $100,000.00
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge t (1
County Administrator
N-Y
FUTURE CAPITAL PROJECTS
COUNTY OF ROANOKE, VIRGINIA
Unaudited Balance at June 30, 2005
FY 2005-2006 Original budget appropriation
Less increase in debt service
Add Economic Development Dropoff
FY 2005-2006 Annual Capital Contribution
County
Schools
Balance at July 26, 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 l µ
County Administrator
ACTION NO.
ITEM NO. N -5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26,2005
Preliminary unaudited results of operations for the year ended
June 30, 2005
AGENDA ITEM:
SUBMITTED BY:
Rebecca E. Owens
Director of Finance
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Department of Finance is currently working through the year end process and
preparing for the annual audit for June 30, 2005. In an effort to provide you with
preliminary unaudited revenue and expenditure information, staff has made estimates
based on historical data to arrive at year end projections. During the month of July and
August, staff will continue to pay invoices and account for revenue that relate to the 2004-
05 fiscal year.
Preliminary unaudited revenues for the County operations for the year ended June 30,
2005 are projected to exceed budgeted revenues by $1.6 million (or 1.2% of general fund
operating revenues).
Based on the Policy for Use of General Fund Revenue in Excess of Budget at Year End as
approved during 2004-2005, revenues in excess of budget will be allocated first to the
General Fund Unappropriated Balance, until the maximum amount for the current year is
met (which is 8.5% of general fund revenues) or $13,261 ,742, as specified in the General
Fund Unappropriated Balance Policy.
Of the $1.6 million of excess revenues projected, $1.1 million will be added to the General
Fund Unappropriated Balance and the remaining $500,000 allocated to the Major County
1
tl-S
Capital Reserve. These revenues were anticipated during the 2005-2006 budget
preparation, were discussed with the Board, and included in the current year's budget.
For the year ended June 30, 2005 it is estimated that $500,000 will be available to transfer
to the County Minor Capital Reserve based on the rollover policy approved by the Board.
Of this amount, $310,325 was a one time savings on the first year principal debt payment
of the Public Safety Center Building.
The Finance Department will continue to work through the year end process and will
provide the next preliminary report at the August 23, 2005 Board meeting, and will continue
to provide monthly updates to the Board. A final report is expected at the end of October.
2
ACTION NO.
ITEM NO. N -lD
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26, 2005
AGENDA ITEM:
Accounts Paid-June 2005
SUBMITTED BY:
Rebecca E. Owens
Director of Finance
Elmer C. Hodge ¿If
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Direct Deposit Checks Total
Payments to Vendors $ $ $ 5,936,405.31
Payroll 6/3/2005 783,279.33 125,502.86 908,782.19
Payroll 6/17/2005 835,205.55 132,787.56 967,993.11
Manual Checks 500.03 500.03
Voids (666.24 ) (666.24)
Grand Total $ 7,813,014.40
A detailed listing of the payments is on file with the Clerk to the Board of Supervisors.
ACTION NO.
ITEM NUMBER~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER.
MEETING DATE: July 26, 2005.
AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of
June 30, 2005.
SUMMARY OF INFORMATION:
BANKERS ACCEPTANCE:
SUNTRUST CAP
656,231.52
656,231.52
CERTIFICATE OF DEPOSITS:
SOUTHWEST VIRGINIA SAVINGS & LOAN
100,000.00
100,000.00
COMMERCIAL PAPER
SUNTRUST CAP
2,045,988.50
2,045,988.50
CORPORATE BONDS
ALEXANDER KEY FED
0.00
0.00
GOVERNMENT:
ALEXANDER KEY FED
ALEXANDER KEY - Sub Acct
SUNTRUST - CAP
42,699,319.50
4,378,732.50
11,952,258.45
59,030,310.45
LOCAL GOV'T INVESTMENT POOL:
GENERAL OPERATION
13,351,635.32
13,351,635.32
MONEY MARKET:
ALEXANDER KEY FED
ALEXANDER KEY - Sub Acct
SUNTRUST - CAP
SUNTRUST - SWEEP
WACHOVIA
31,815.488.84
70,059.42
718,852.85
5,266,314.64
2,354,342.28
40,225,058.03
TOTAL
115,409,223.82
06/07/05
N-8
PUBLIC SAFETY CENTER BUILDING PROJECT
BUDGET REPORT
COUNTY OF ROANOKE, VIRGINIA
Northrop-Grumman
Date Description Contract Amount ContinQency
12/03/04 Opening Balance $ 26,030,769 $ 780,923
01/27/05 Change Order (001) 21,065 (21,065)
01/27/05 Change Order (002) * 53,835
-
01/28/05 Progress Payment #1 (1,456,157) -
02/24/05 Progress Payment #2 (403,222) -
03/24/05 Progress Payment #3 (375,678) -
05/13/05 Progress Payment #4 (855,272) -
06/10/05 Progress Payment #5 (401,210) -
06/20/05 Change Order (003) - Establish Guaranteed
Maximum Price (51,387) 51,387
06/28/05 Change Order (004) - Foundation change 319,034 (319,034)
07/14/05 Progress Payment #6 (378,417)
Balance at July 14, 2005 $ 22,503,360 $ 492,211
* The funds to be used for change order #002 were taken from departmental E911 funds.
Submitted By:
Rebecca Owens
Director of Finance
Approved By:
Elmer C. Hodge tfJ
County Administrator
N-'l
PUBLIC SAFETY CENTER BUILDING PROJECT
CHANGE ORDER REPORT
COUNTY OF ROANOKE, VIRGINIA
hanqe Order Number Date Approved Description of Change Order Amount
001 January 27,2005 6 GHz Microwave and Vinton Related Costs $ 21,065
002 January 27,2005 Delete several CAD servers, add CAD and related CAD software
(paid from departmental E911 funds) 53,835
003 June 20, 2005 Establish Guaranteed Maximum Price (GMP) (51,387)
004 June 28, 2005 Revised foundation due to soft soils 319,034
Total as of July 14, 2005 $ 342,547
Submitted By:
Rebecca Owens
Director of Finance
Approved By: r-{
Elmer C. Hodge e 'J
County Administrator
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ACTION NO.
ITEM NO. N - \\
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26,2005
AGENDA ITEM:
Report from the Virginia Department of Transportation (VDOT)
of changes to the secondary road system in June 2005
SUBMITTED BY:
Diane S. Childers
Clerk to the Board
Elmer C. Hodge t lof
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Attached is the list of all changes to the secondary system of state highways in Roanoke
County approved by the Director of the Local Assistance Division in June 2005. All
changes to the secondary system, with the exception of legal discontinuances, are effective
the day they are approved by the Director of the Local Assistance Division.
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ACTION NO.
N~IQ
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 26,2005
Report of claims activity for the self-insurance program for the
period ended June 30,2005
AGENDA ITEM:
SUBMITTED BY:
Robert C. Jernigan
Risk Manager
Elmer C. Hodge é'1f
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In accordance with the Self-Insurance Program, Ordinance #61494-4, Section 2-86.C,
attached is the Fiscal Year to Date claims activity report including the Fourth Quarter that
ended June 30,2005. Attachment A - Auto; Attachment B - General Liability.
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DECLARING JULY 17 THROUGH 23, 2005, AS
PROBATION, PAROLE, AND COMMUNITY SUPERVISION WEEK
IN THE COUNTY OF ROANOKE
WHEREAS, probation and parole officers are an essential part of the criminal
justice system, and uphold the law with dignity while recognizing the
right of the public to be safe-guarded from criminal activity; and
WHEREAS, probation and parole officers are responsible for supervising adult and
juvenile offenders in the community and providing services and
referrals for offenders; and
WHEREAS, probation and parole officers work in partnership with community
agencies and groups to promote prevention, intervention, and
advocacy; and
WHEREAS, probation and parole officers provide services, support, and protection
for victims; and advocate community and restorative justice; and
WHEREAS, the District #15 Probation and Parole Office, located in Roanoke,
Virginia, supervises approximately 1,800 offenders in the communities
of Salem, Roanoke, Roanoke County, and the Town of Vinton; and
WHEREAS, probation and parole officers are to be commended for their dedication,
hard work, and commitment to making our communities safer and more
secure places to live.
NOW, THEREFORE, I, Michael W. Altizer, Chairman of the Board of Supervisors of .
Roanoke County, Virginia, do hereby proclaim July 17 through 23, 2005,
as PROBATION, PAROLE, AND COMMUNITY SUPERVISION WEEK in
the County of Roanoke; and
FURTHER, on behalf of the Board of Supervisors and its citizens, express
appreciation to the probation and parole officers and encourage all
citizens to recognize their contributions to the criminal justice system.
~J.~
Diane S. Childers, Clerk
1n~71.~
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ACTION NO.
ITEM NO. P- \
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26,2005
Work session to discuss the 800 MHz radio system
AGENDA ITEM:
SUBMITTED BY:
John M. Chambliss, Jr.
Assistant County Administrator
Elmer C. Hodge elf
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This time has been reserved on the agenda to discuss the upgrade of the 800 MHz radio
system. The current system is a trunked, simulcast two-way radio system supported by
four main tower sites and provides coverage for the City and County of Roanoke, Town of
Vinton, Roanoke Regional Airport, Roanoke Valley Resource Authority, Western Virginia
Water Authority, and interconnection to other agencies. The analog system must be
transitioned to a digital technology and this presentation will give an overview of the
changes. Funding has been identified in the Capital Improvements Plan for Roanoke
County's share of the project.
Q
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JULY 26, 2005
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
ACTION NO.
ITEM NO. A-\
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26,2005
Proclamation of celebration in recognition of the 15th
anniversary of the Americans with Disabilities Act (ADA) and
the 20th anniversary of the Virginians with Disabilities Act (VDA)
Elmer C. Hodge £ ¡-f
County Administrator
AGENDA ITEM:
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Karen Michalski, Executive Director of the Blue Ridge Independent Living Center (BRILC),
has requested that the County issue a proclamation to recognize the anniversaries of the
Americans with Disabilities Act (ADA) and the Virginians with Disabilities Act (VDA). These
are two very important pieces of legislation for individuals with disabilities. The BRILC
assists people with disabilities to live independently, and serves the community at large by
helping to create an environment that is accessible to all.
The ADA, which was passed on July 26, 1990, was a landmark civil rights law banning
discrimination against this nation's people with disabilities. The law provides a
comprehensive national policy that protects the civil rights of individuals with disabilities by
barring discrimination in virtually all aspects of American Life.
The VDA, which was enacted in March, 1985, was an important public policy milestone in
the Commonwealth and defined Virginia as a national leader in disability advocacy. The
Act directed the Governor, along with a host of state agencies, to implement the necessary
policies, procedures, and services that would ensure equal opportunity to persons with
disabilities in the Commonwealth.
Mr. Terry Winborne, BRILC's Board Chairman, will be present to accept the proclamation.
1<- ,
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY
ADMINISTRATION CENTER ON TUESDAY, JULY 26,2005
PROCLAMATION OF CELEBRATION IN RECOGNITION OF THE
15TH ANNIVERSARY OF THE AMERICANS WITH DISABILITIES
ACT (ADA) AND THE 20TH ANNIVERSARY OF THE VIRGINIANS
WITH DISABILITIES ACT (VDA)
WHEREAS, it is important for Roanoke County to ensure equal
opportunity for all of its citizens; and
WHEREAS, July 26, 2005 is the 15th anniversary of the Americans with
Disabilities Act, which is a landmark civil rights law banning discrimination
against the nation's 54 million people with disabilities; and
WHEREAS, March 2005 was the 20th anniversary of the Virginians with
Disabilities Act, which declared that "it is the policy of this Commonwealth to
encourage and enable persons with disabilities to particípate fully and equally in
the social and economic life of the Commonwealth and to engage in
remunerative employment"; and
WHEREAS, these two laws work to ensure that people with disabilities are
free from discrimination, treated with respect and dignity, move freely about the
community, and live in the least restrictive environment; and
WHEREAS, work remains to be done throughout city, state and federal
government to fulfill the promise of both the Americans with Disabilities Act and
the Virginians with Disabilities Act; and
WHEREAS, this anniversary is an appropriate occasion to reflect on the
strides forward that have been made and on the work remaining to be done; and
·
~- (
WHEREAS, the Board also wishes to recognizes those agencies, such as
the Blue Ridge Independent Living Center, which serve the community at large
by helping to create an environment that is accessible to all.
NOW, THEREFORE, WE, the Board of Supervisors of Roanoke
County, Virginia, do hereby proclaim July 26, 2005, as a day in celebration of the
15th Anniversary of the Americans with Disabilities Act, and the 20th Anniversary
of the Virginians with Disabilities Act; and
FURTHER, we call this observance to the attention of all Roanoke
County citizens.
2
ACTION NO.
ITEM NO.
5-\
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26,2005
AGENDA ITEM:
Request to adopt a resolution amending and restating the
Articles of Incorporation for the Western Virginia Water
Authority
SUBMITTED BY:
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
On January 27, 2004, the Board of Supervisors adopted a resolution creating the
Western Virginia Water Authority (WVWA) and the Articles of Incorporation for WVWA.
The State Corporation Commission notified the County that the effective date of
incorporation for WVWA was March 2, 2004.
Article III of the Articles of Incorporation establishes the terms for its directors. These
terms expire March 1. WVWA has determined that these terms should be extended to
the end of the fiscal year, June 30 in each year, in order to provide for the orderly
transition of directors and, in particular, to allow the directors to participate in the annual
budget process. Accordingly, it requested the City Council of the City of Roanoke and
the Board of Supervisors of Roanoke County to amend the Articles of Incorporation to
provide that the four year term of directors shall begin on July 1.
§ 15.2-5104 of the 1950 Code of Virginia, as amended, requires that a public hearing be
held on this amendment. This public hearing has been advertised as required by law.
The City Council for the City of Roanoke held its public hearing and adopted a
resolution similar to the resolution attached to this report at its meeting on July 18, 2005.
1
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STAFF RECOMMENDATION:
It is recommended that the Board favorably consider the adoption of a resolution
amending and restating the Articles of Incorporation for the Western Virginia Water
Authority, and authorize the County Administrator to execute such documents as may
be necessary to accomplish this matter.
2
5-l
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 26,2005
RESOLUTION AMENDING AND RESTATING THE ARTICLES OF
INCORPORATION FOR THE WESTERN VIRGINIA WATER
AUTHORITY (THE "AUTHORITY")
WHEREAS, the Board of Supervisors of Roanoke County, Virginia ( the
"County") and the City Council of the City of Roanoke, Virginia (the "City") have jointly
determined that it is in the best interests of the Authority to amend and restate the
Authority's Articles of Incorporation pursuant to the applicable provisions of the Virginia
Water and Waste Authorities Act, Chapter 51 Title 15.2 of the 1950 Code of Virginia, as
amended (the "Act"), and desire to do so by the adoption of concurrent resolutions; and
WHEREAS, a public hearing has been held in accordance with the requirements
of § 15.2-5104 of the Act.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke,
as follows:
1. The Articles of Incorporation of the Authority are hereby amended and
restated as follows:
AMENDED AND RESTATED
ARTICLES OF INCORPORATION
OF THE
WESTERN VIRGINIA WATER AUTHORITY
The Board of Supervisors of Roanoke County and the Council of the City of
Roanoke have by concurrent resolution adopted the following Articles of Incorporation
of the Western Virginia Water Authority, pursuant to the Virginia Water and Waste
Authorities Act (Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended)
("Act").
S-I
ARTICLE I
The name of the Authority shall be the Western Virginia Water Authority and the
address of its principal office is 600 South Jefferson Street, Suite 200, Roanoke,
Virginia 24011.
ARTICLE II
The names of the incorporating political subdivisions are the County of Roanoke,
Virginia and the City of Roanoke, Virginia. The County of Roanoke and the City of
Roanoke, as the incorporating political subdivisions, hereby acknowledge, covenant,
and agree that these Articles of Incorporation shall not be further amended or changed
without the express agreement of each of the governing bodies of each of the
incorporating political subdivisions. None of the following actions shall be taken or
permitted to occur by the Board of the Authority without the affirmative vote of a majority
of the members from each incorporating political subdivision of the Board of the
Authority:
(1) The inclusion of additional political subdivisions on the Authority;
(2) Additional agreement with other political subdivisions, entities, or persons,
for the bulk sale of surplus water or the acceptance and treatment of waste water.
(3) The recommendation to the governing bodies for the appointment of the
seventh member of the Board of the Authority.
2
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ARTICLE III
The Board of the Authority shall consist of seven members. The names,
addresses, and terms of office of the initial members of the Board of the Western
Virginia Water Authority ("Authority") are as follows:
1. Elmer C. Hodge, County Administrator - 3 year term
Roanoke County Administration Center
5204 Bernard Drive
P. O. Box 29800
Roanoke, VA 24018
2. Michael W. Altizer, Board of Supervisors - 2 year term
3108 Valley Stream Drive
Roanoke, VA 24014
3. H. Odell "Fuzzy" Minnix, Citizen - 4 year term
3314 Kenwick Trail, SW
Roanoke, VA 24018
4. Darlene L. Burcham, City Manager - 3 year term
Noel C. Taylor Municipal Building
City Manager's Office
215 Church Avenue, Room 364
Roanoke, VA 24011
5. M. Rupert Cutler, City Council -2 year term
8 North Jefferson Street, #503
Roanoke, VA 24016
6. Robert C. Lawson, Jr., Citizen - 4 year term
Suntrust Bank, Suntrust Plaza
10 Franklin Road, SE, 9th Floor
Roanoke, VA 24001
P. O. Box 2867
Roanoke, VA 24001
7. George W. Logan, Citizen - 4 year term
2217 Crystal Spring Ave., SW, Suite 200
Roanoke, VA 24014
P. O. Box 1190
Salem, VA 24153
3
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Mr. Logan resigned from the Board effective May 19, 2005 and the following
director has been appointed to fulfill the unexpired portion of his term:
John B. Williamson, III
Roanoke Gas Company
519 Kimball Ave, N. E.
Roanoke, Virginia 24016
The terms of office of each of the initial members shall begin on the date of
issuance of a certificate of incorporation or charter for the Authority by the State
Corporation Commission. The governing body of each participating political subdivision
shall appoint the number of members, who may be members of the governing body, set
forth opposite its name below:
County of Roanoke - three
City of Roanoke - three
A seventh member shall be appointed jointly by the City of Roanoke and County
of Roanoke. The six members of the Authority Board shall recommend to the City and
the County the appointment of the seventh member. The City and the County shall
ratify and confirm the appointment of the seventh member. If the City and the County
fail to act or are unable to act within 60 days of the receipt of this recommendation, then
the appointment of the seventh member shall be made by the judges of the Circuit
Court for the 23rd Judicial Circuit.
Initially, the governing body of the County of Roanoke shall appoint one member
for a four-year term, one member for a three-year term, and one member for a two-year
term. Initially, the governing body of the City of Roanoke shall appoint one member for
a four-year term, one member for a three-year term, and one member for a two-year
term.
4
S-I
After the initial terms, each member shall be appointed for a four-year term or
until a successor is appointed and qualified, which four-year term shall begin on July 1
of the year in which the previous, initial term expires. The governing body of each
political subdivision shall be empowered to remove at any time, without cause, any
member appointed by it and appoint a successor member to fill the unexpired portion of
the removed member's term.
Each member shall be reimbursed by the Authority for the amount of actual
expenses incurred in the performance of Authority duties.
ARTICLE IV
The purposes for which the Authority is to be formed are to exercise all the
powers granted to the Authority to acquire, finance, construct, operate, manage and
maintain a water, waste water, sewage disposal and storm water control system and
related facilities pursuant to the Virginia Water and Waste Authorities Act, Chapter 51,
Title 15.2 of the 1950 Code of Virginia, as amended ("Act"). The Authority shall have all
of the rights, powers, and duties of an authority under the Act.
It is not practicable to set forth herein information regarding preliminary estimates
of capital costs, proposals for specific projects to be undertaken, or initial rates for the
proposed projects.
ARTICLE V
The Authority shall serve the County of Roanoke, the City of Roanoke, and to the
extent permitted by the Act and by the terms of these Articles and the Western Virginia
Water Authority Operating Agreement, such other public or private entities as the
5
s:-t
Authority may determine upon the terms and conditions established pursuant to such
contracts.
ARTICLE VI
The Authority shall cause an annual audit of its books and records to be made by
the State Auditor of Public Accounts or by an independent certified public accountant at
the end of each fiscal year and a certified copy thereof to be filed promptly with the
governing body of each of the political subdivisions.
BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By
Elmer C. Hodge, County Administrator
and Incorporator
CITY COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA
By
Darlene L. Burcham, City Manager
and Incorporator
2. This resolution shall take effect immediately upon its adoption.
ATTEST:
Clerk
6
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PETITIONER: Seaside Heights, LLC (Bojangles)
CASE NUMBER: 32-12/2004 (Rezoning) & 33-12/2004 (SUP)
Planning Commission Hearing Date: August 2, 2005 (Continued from
December 7, 2004)
Board of Supervisors Hearing Date: August 23, 2005 (Continued from
December 21, 2004)
A. REQUEST
The petition of Seaside Heights, LLC, to rezone .98 acres from C1, Office
District to C-2, General Commercial District and to obtain a Special Use
Permit on 2.22 acres for the operation of a fast food restaurant and drive-
thru located at the intersections of Brambleton Avenue, Colonial Avenue
and Merriman Road, Cave Spring Magisterial District. (Continued by
request of the petitioner)
B. CITIZEN COMMENTS
C. SUMMARY OF COMMISSION DISCUSSION
D. CONDITIONS
E. COMMISSION ACTION(S)
F. DISSENTING PERSPECTIVE
G. ATTACHMENTS:
_ Concept Plan _ Vicinity Map
_ Staff Report Other
Janet Scheid, Secretary
Roanoke County Planning Commission
County of Roanoke
Department of Community Development
í-/
Memorandum
To: Planning Commission
From: David Holladay, Senior Planner
Date: June 24, 2005
Re: July 5, 2005 Public Hearing - Agenda Item H. 1.
Seaside Heights, LLC / Bojangles has requested that their petition, Agenda Item H. 1, be
continued until August 2,2005. The petitioner has contracted a traffic impact analysis of the
existing turn lanes and traffic signal timing. Although the traffic impact analysis has been
completed, staff recommends continuing the petition until August 2,2005, in order to allow
further review of the analysis by both VDOT and staff.
T-Q
PETITIONER: Kennel Zoning Amendment
CASE NUMBER: 7/2005
Planning Commission Hearing Date: July 5, 2005
Board of Supervisors Hearing Date: July 26, 2005
A. REQUEST
The petition of the Board of Supervisors concerning Proposed Amendments to the
Zoning Ordinance - Private Kennels, by changing the title of this use, increasing the
number of dogs, eliminating the minimum lot size standard, and deleting this use from
the R-2 zoning classification.
B. CITIZEN COMMENTS
None
C. SUMMARY OF COMMISSION DISCUSSION
Mr. McNeil asked for clarification of proposed changes in the agricultural districts.
Mr. Azar commented that he liked the name change from private kennel to multiple
dog permit, and this should help avoid confusion in the future.
D. CONDITIONS
n/a
E. COMMISSION ACTION(S)
Mr. Azar made a motion for a favorable recommendation to the Board of Supervisors.
The motion carried 5-0.
F. DISSENTING PERSPECTIVE
G. ATTACHMENTS:
_ Concept Plan
_ Staff Report
_ Vicinity Map
Other
Janet Scheid, Secretary
Roanoke County Planning Commission
4
County of Roanoke
Department of Community Development
-r:~
u
Memorandum
To: Planning Commission
From: David Holladay, Senior Planner
Date: June 23, 2005
Re: Proposed Amendments to Private Kennel Ordinances
The Roanoke County Board of Supervisors has directed county staff to review the County Code
with respect to private kennels.
On April 26, 2005 the Board of Supervisors held a work session to discuss concerns regarding
private kennels. During the work session, the Board discussed the current limit of two dogs for
homes without private kennel pennits, as well as the perceptions surrounding the use of the word
"kennel". The Board and staff discussed raising the limit to three or four dogs, and there was
general support to raising the number to three. The Board requested a second work session on
the topic, and asked staff to prepare several alternative code changes for their consideration.
The second work session was held on May 10,2005. For the work session, staff prepared a
report outlining the issues surrounding private kennels, and offering several alternative choices
for code amendments. As you may recall from the discussion during the work session,
ordinances regulating private kennels are found in two chapters of the Roanoke County Code:
Chapter 5, Animals and Fowl, and Appendix A, Zoning Ordinance. Amendments to the zoning
ordinance will be reviewed by the Commission and approved by the Board of Supervisors.
Changes to the animal code would be reviewed and approved only by the Board of Supervisors.
The Planning Commission public hearing on these amendments is scheduled for July 5,2005,
and the Board of Supervisors public hearing is scheduled for July 26, 2005.
The County Attorney has drafted proposed amendments to both codes. These amendments have
are scheduled to be heard at first reading by the Board of Supervisors on June 28, 2005. Copies
of the first reading ordinance, dated June 28,2005, are attached for your review. A copy of the
May 10, 2005 Work Session report is also attached for your reference. The proposed
amendments address the following four changes:
1) Raise the number of dogs allowed without a private kennel pennit from two to three.
2) Change the tenn "Private Kennel" to "Multiple Dog Pennit".
3) Remove the one-acre minimum lot size for "multiple dog pennits".
4) Remove Private Kennel from the uses allowed by right in the R2 zoning district and
add Multiple Dog Pennit to uses allowed by special use pennit in the R2 district.
r:~
ACTION NO.
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
May 10, 2005
AGENDA ITEM:
Work Session on Private Kennels
SUBMITTED BY:
Paul M. Mahoney, County Attorney
Janet Scheid, Chief Planner
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
On April 26, 2005 the Roanoke County Board of Supervisors held a work session to discuss
concerns regarding private kennels. During the work session, the Board discussed the current limit
of two dogs for homes without private kennel permits, as well as the perceptions surrounding the
use of the word "kennel". The Board and staff discussed raising the limit to three or four dogs, and
there was general support to raising the number to three. The Board requested a second work
session on the topic, and asked staff to prepare several alternative code changes for their
consideration. They also requested staff to research other jurisdictions that allow more than two
dogs for information regarding enforcement. Finally the Board discussed increasing the number of
animal control officers to assist in the enforcement of the animal nuisance problems,
The problem is the limit on the number of dogs in the R-1 zoning district, and the requests by dog
owners to increase that number through the issuance of a private kennel permit. Only 4 Special Use
Permit applications have been heard by the Board of Supervisors since 2002, and only 2 of these
applications have been approved.
BACKGROUND:
Existing Roanoke County Codes Regulating Dog Ownership
Ordinances regulating private kennels are found in two chapters of the Roanoke County Code:
Chapter 5, Animals and Fowl, and Appendix A, Zoning Ordinance. Excerpts from these codes are
provided below. Copies of the entire relevant code sections are attached for your reference.
1
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Animal Control Code
Section 5, Article II. Dogs, Cats and Other Animals defines "Kennel" and sets the limitation on
number of dogs kept per dwelling unit.
Section 5-21 defines "Kennel" as "An enclosure or structure used to house, shelter, restrain,
exercise, board, breed, handle or otherwise keep or care for more than two (2) dogs four (4) months
of age or older, from which they cannot escape.. The enclosure or structure shall not mean a
dwelling or a fence used to demarcate a property line."
Section 5-24 (a) states: "The harboring or keeping of more than two (2) dogs over four (4) months
of age per dwelling unit shall be unlawful, unless a private kennel license has been issued pursuant
to this article."
ZoninQ Ordinance
The Zoning Ordinance defines Private Kennel, regulates where private kennels are allowed, and
provides additional use and design standards for private kennels.
Section 30-29-2 Residential Use Types defines Private Kennel as "The keeping, breeding, raising,
showing or training ofthree (3) or more dogs over four (4) months of age for personal enjoyment of
the owner or occupants of the property, and for which commercial gain is not the primary objective."
Private kennels are allowed by Special Use Permit in the R 1 zoning district. When issuing the
permit, the Board of Supervisors usually sets the limit on the number of dogs for the private kennel.
In all the Agricultural districts, and the R2 district, private kennels are allowed by right.
Private Kennel Issues
Number of DOQS Allowed
During the April 26 work session, the Board and County Staff discussed the option of raising the
number of dogs allowed from two to three or perhaps fouro This discussion was prompted following
a public hearing in March 2005 in which the Board granted a Special Use Permit for a private kennel
on property zoned R 1. The permit was requested by new residents to the County who had moved
from another Virginia locality that did not limit numbers of dogs. That approved permit was for four
dogs. Several previous requests for private kennels have been denied by the Board of Supervisors.
129 kennel licenses were issued in 2002, 99 in 2003, but only 81 were issued in 2004. Of all these
licenses only 4 Special Use Permit applications have been heard by the Board of Supervisors, and
only 2 have been approved. Whether the Special Use Permits are approved or denied, the
legislative and public hearing process triggers strong emotions with dog owners as well as with
neighbors.
"Private Kennel" as a Defined Type of Land Use
The Board also raised the question of the use of the word "kennel" to describe private dog
ownership. In many instances, the advertising and general notification of a public hearing for a
2
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Private Kennel could cause neighbors to perceive that a large commercial operation is proposed for
boarding and breeding dogs. The public hearings are only for property zoned R1 with a minimum
size of one acre. In other zoning districts that allow private kennels by right, a review by the Board
of Supervisors is not required, and the term "kennel" ;s not an issue. The term "kennel" is found in
both relevant County codes, and also has ties to enabling State code. Any changes to the term
"kennel" would have to be made to both codes, and not in conflict with State enabling legislation.
Leqislative Process of Obtaininq a Special Use Permit
A common theme surrounding the two issues of the numbers of dogs and the definition of "kennel"
is the requirement for a special use permit. These special use permits are only required in the R1
residential zoning district. All other existing private kennel permits have been issued through an
administrative procedure, and has not been an issue before the Board. If the root problem with
private kennels arises from how they are regulated in the R1 zoning district, then that is where the
Board should focus their attention for amending the code. If the number of dogs allowed without a
private kennel permit is raised from two to three or four, then the requirement for a special use
permit could be removed from the R1 zoning district. Or all references to private kennels could be
removed from the zoning ordinance. However, as stated above, all other private kennel permits in
agricultural zoning districts (and the R2 district) are issued through an administrative procedure. For
example, if a citizen lived on a larger tract of land zoned AG3, he/she would have a right to keep a
group of hunting dogs on their property, provided they paid required annual license taxes for each
dog tag, and kennel tax for a private kennel. If changes are made to the zoning ordinance to
remove private kennels, other changes to the animal control code may be necessary in order to
preserve the right to keep multiple dogs in the agricultural zoning districts.
ALTERNATIVES:
1) Increase number of dogs allowed to either 3 or 4, and amend the Zoning Ordinance by changing
the name of "private kennel" to "Additional Dog Permit" or "Multiple Dog Permit".
achieve the increase in the number of dogs allowed that was discussed;
legislative process remains intact for issuing Special Use Permits in R1 district;
change the term "kennel" to "Additional Dog Permit" or "Multiple Dog Permit" and avoid
possible misconceptions about the use and term.
2) Increase number of dogs allowed to either 3 or 4, and remove Private Kennel from uses allowed
by Special Use Permit in the R 1 district, and use by right in R2 district.
achieve the increase that was discussed;
legislative process ceases for Special Use Permits;
number of dogs allowed in residential districts would have an absolute, simple limit, with no
opportunity of having more than the limit;
rights and procedures for keeping more dogs in agricultural districts with an administratively
issued private kennel permit would not be affected.
3) Increase the number of dogs allowed to either 3 or 4, and remove all references to Private
3
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Kennel from the zoning ordinance.
achieve the increase that was discussed;
remove the process entirely from the zoning review and approval, and have dog ownership
regulated solely by the animal control code;
some changes to the animal control code may be necessary in order to preserve existing rights
of multiple dog ownership in the agricultural districts.
4} Take no action atthis time.
STAFF RECOMMENDATION:
None.
4
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JULY 26,2005
ORDINANCE AMENDING APPENDIX A. ZONING ORDINANCE OF THE
ROANOKE COUNTY CODE AND CHAPTER 5. ANIMALS AND FOWL
PERTAINING TO MULTIPLE DOG PERMITS
WHEREAS, the Board of Supervisors of Roanoke County has requested certain
amendments to the County Code pertaining to multiple dog permits; and
WHEREAS, the first reading of this ordinance was held on June 28, 2005, and
the second reading and public hearing were held July 26, 2005; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on July 5, 2005; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following sections of the County Zoning Ordinance be amended
to read and provide as follows:
SEC. 30-29. USE TYPES; GENERALLY.
Sec. 30-29-2. Residential Use Types.
* * * *
Konno!, priv-ato: Mu/tiIJ/e doq IJermit: The keeping, breeding, raising, showing or
training of throo (3) four (4) or more dogs over four (4) months of age for personal
enjoyment of the owner or occupants of the property, and for which commercial gain is
not the primary objective.
* * * *
1
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SEC. 30-32. AG-3 AGRICUL TURALlRURAL PRESERVE DISTRICT.
Sec. 30-32-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more
stringent standards are listed in Article IV, Use and Design Standards, for those specific
uses.
* * * *
2. Residential Uses
****
Kennel, Private MultilJle DOG Permit *
* * * *
SEC. 30-33. AG-1 AGRICUL TURALlRURAL LOW DENSITY DISTRICT.
Sec. 30-33-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more
stringent standards are listed in Article IV, Use and Design Standards, for those specific
uses.
* * * *
2. Residential Uses
* * * *
Kennel, Priv3to Multiple DOG Permit *
* * * *
SEC. 30-34. AR AGRICUL TURALlRESIDENTIAL DISTRICT.
Sec. 30-34-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more
stringent standards are listed in Article IV, Use and Design Standards, for those specific
uses.
* * * *
1. Residential Uses
* * * *
Kennel, Private Multiple DOG Permit *
* * * *
2
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§. 30-36. AV AGRICUL TURALlVILLAGE CENTER DISTRICT.
§. 30-36-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more
stringent standards are listed in Article IV, Use and Design Standards, for those specific
uses.
* * * *
2. Residential Uses
* * * *
Kennels, Private Multiple Doc¡ Permit *
* * * *
§. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT.
§. 30-41-2. Permitted Uses.
* * * *
(B) The following uses are allowed only by Special Use Permit pursuant to Section 30-
19. An asterisk (*) indicates additional, modified or more stringent standards are listed in
Article IV, Use and Design Standards, for those specific uses.
* * * *
2. Residential Uses
* * * *
Kennel, Priv3to Multiple Doc¡ Permit *
* * * *
SEC. 30-42. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT.
Sec. 30-42-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more
stringent standards are listed in Article IV, Use and Design Standards, for those specific
uses.
2. Residential Uses
* * * *
Kennel, Pri'l3to
* * * *
(B) The following uses are allowed only by Special Use Permit pursuant to Section 30-
19. An asterisk (*) indicates additional, modified or more stringent standards are listed in
Article IV, Use and Design Standards, for those specific uses.
3
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1 . Residential Uses
Home Beauty/Barber Salon ·
Multiple DOG Permit *
Townhouse *
Sec. 30-82-4. Kennel, Private. Multiple DOG Permit.
(A) General standards:
1. Minimum lot size: One (1) acre.
6- 1. A private kennel multiple dOG permit shall be permitted only when accessory to
a single family dwelling.
~ 2. Exterior runs, pens and other confined areas designed to house four (4) or
more animals shall be set back at least twenty-five (25) feet from any property line. For
the purposes of this section, perimeter fencing of a yard shall not be considered a
confined areao
SEC. 30-91. OFF STREET PARKING, STACKING AND LOADING.
Sec. 30-91-9. Minimum Parking Required.
* * * *
Use Type Parking Required
Kennel, Private Multiple DOQ Permit No Requirement
2. That the following sections of Chapter 5. Animals and Fowl be amended to
read and provide as follows:
Article II. Dogs, Cats and Other Animals
Sec. 5-21. Definitions.
For the purposes of this article, the following words and phrases shall have the
meanings ascribed to them by this section, unless otherwise indicated to the contrary:
* * * *
Kennel: An enclosure or structure used to house, shelter, restrain, exercise, board,
breed, handle or otherwise keep or care for more than two (2) three (3) dogs four (4)
months of age or older, from which they cannot escape. The enclosure or structure shall
not mean a dwelling or a fence used to demarcate a property line. For purposes of this
Chapter and the license tax, the term "kennel" shall also include "multiple dog permit."
4
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* * * *
Sec. 5-24. Limitation on number kept per dwelling unit.
(a) The harboring or keeping of more than two (2) three (3) dogs over four (4) months
of age per dwelling shall be unlawful, unless a priv3te kennel license multiple dOG permit
has been issued pursuant to this article. The harboring or keeping of more than six (6)
cats over four (4) months of age, of which no more than two (2) may be fertile, per
dwelling shall be unlawful. The requirements of this section shall not apply to any
dwelling which is part of an active agricultural operation or usage as defined by the
zoning ordinance for the county.
(b) As of July 1 1991, 3ny O'.vner of more th3n the number of C3tS permitted under
subsection (3) Sh311 be entitled to continue to h3rbor or keep such C3tS, provided they
comply with the follO'.'Ving requirements:
(1) ^ license for e3ch C3t in a dwelling is obt3ined 3S required by Division 2,
"License" of ,^,rticle II of this ch3pter \Nithin thirty (30) d3YS of the effective d3te of this
subsection; 3nd
(2) A license Sh311 be obt3ined 3nd kept in force for e3ch C3t cl3imed under this
subsection for e3ch subsequent ye3r th3t the C3t sh311 rem3in 3livo. Any bre3k in
m3int3ining a v3lid license for 3ny C3t sh311 extinguish 3ny right of such owner to cl3im
the benefit of this subsection.
(c) I\s of October 11, 1997, 3ny owner of more th3n the number of dogs permitted
under subsection (3) Sh311 be entitled to continue to h3rbor or keep up to three (3) dogs,
provided they comply with the following requirements:
(1) .^, license for e3ch dog in a d'.velling is obtained 3S required by division 2,
"License" of 3rticle II of this ch3pter by J3nu3ry 31, 1998; 3nd
(2) 1\ license sh311 be obt3ined 3nd kept in force for each dog cl3imed under this
subsection for every subsequent ye3r th3t the dog Sh311 rem3in 3live. Any bre3k in
m3int3ining 3 v31id license for 3ny dog Sh311 extinguish any right of such owner to claim
the benefit of this subsection.
(3) Upon the de3th or other disposition of 3ny dog in excess of the number permitted
under subsection (3), the owner sh311 be required to be in compli3nce with the
applic3ble limit3tion.
3. That this ordinance shall be in full force and effect from and after its
adoption.
5
,PETITIONER: Church of the Holy Spirit
CASE NUMBER: 13-7/2005
T-3
Planning Commission Hearing Date: July 5, 2005
Board of Supervisors Hearing Date: July 26, 2005
A. REQUEST
The petition of Church of the Holy Spirit to obtain a Special Use Permit to expand a
religious assembly facility on 15.24 acres, located at 6011 Merriman Road, Cave
Spring Magisterial District.
B. CITIZEN COMMENTS
Glendora Raplee the owner of 5971 Cartwright Road spoke at the meeting and stated
erosion from the Church of the Holy Spirit site onto Crystal Creek Drive had been
occurring since her family moved in a year before.
C. SUMMARY OF COMMISSION DISCUSSION
Ms. Youngbluth presented an overview of the staff report. Mr. Edward Natt spoke on
behalf of the Church of the Holy Spirit and addressed the proposed expansion of the
church building and parking lots. He requested that the 40,500 square foot building
addition has yet to be finalized but the parish wishes for the addition to be oriented
toward the mountain toward the south side of the property. In addition, Mr. Natt said
that the erosion problems onto Crystal Creek Drive would be taken care of as soon as
possible. Chairmen Hooker suggested that an additional site inspection take place on
Crystal Creek Drive to insure that the erosion control problem had been taken care of
properly.
D. CONDITIONS
1. Merriman Road will be the only access to the site.
2. A total of 22 parking spaces, shown on [the 2-1/94] concept plan nearest rear
yard border of 5959 Barbara Circle, will not be constructed, resulting in a
minimum 40 foot buffer.
3. The parking plan and the development plan shall be in substantial
conformity with the Site Plan prepared by Balzer and Associates, Inc. under
the date of April 18, 2005.
E. COMMISSION ACTION(S)
Mr. Rodney McNeil made a motion to recommend approval of the request. The
motion passed 5-0.
F. DISSENTING PERSPECTIVE
None.
G.
ATTACHMENTS:
_ Concept Plan
_ Staff Report
_ Vicinity Map
Other
Janet Scheid, Secretary
Roanoke County Planning Commission
3
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Request:
STAFF REPORT
Edward A. Natt, Esq
The petition of the Church of the Holy Spirit to obtain a Special Use
Permit for an addition and parking lot expansion to the Church of Holy
Spirit on 15.24 acres, located at 6011 Merriman Road, Cave Spring
Magisterial District. The 15.24 acre site is currently zoned R-1, with a
Special Use Permit.
Petitioner:
Location:
6011 Merriman Road
Cave Spring
Magisterial District:
Suggested
Conditions:
1. Merriman Road will be the only access to the site.
2. A total of 22 parking spaces, shown on [the 2-1/94] concept plan
nearest rear yard border of 5959 Barbara Circle, will not be
constructed, resulting in a minimum 40 foot buffer.
3. The parking plan and the development plan shall be in substantial
conformity with the Site Plan prepared by Balzer and Associates,
Inc. under the date of April 18, 2005.
EXECUTIVE SUMMARY:
This is a request by the Church of the Holy Spirit to apply for a Special Use Permit to construct an addition to the
existing church and parking lot. The 15.24 acre site is currently zoned R-1S. The property is designated as
Neighborhood Conservation in the Future Land Use Map based on the 2005 Comprehensive Plan. The
Neighborhood Conservation designation encourages strategic placement of non-residential uses such as parks,
schools, libraries, and churches.
An original Special Use Permit for the Religious Assembly use exists on the site. This Special Use Permit was
approved on March 22, 1994 and is referenced by Ordinance 32274-8. This application would be an additional
Special Use permit to that of the existing one. New conditions will be proposed through this staff report and a few of
the existing conditions will be removed.
1. APPLICABLE REGULATIONS
The Roanoke County Zoning Ordinance defines a "Religious Assembly" as "a use located in a permanent
building and providing regular organized religious worship and related incidental activities, except primary or
secondary schools and day care facilities." Religious Assembly is allowed in the R-1 zone by Special Use
Permit. There is an existing Special Use Permit for the church with conditions that are listed below and
these are followed by the general standards section of the Zoning Ordinance (Sec. 30-83-9(A and C)).
Existinq Special Use Conditions:
1. Owner/developer is to prepare the site in full accord with the Virginia Department of Forestry and
Roanoke County guidelines regarding the protection of existing trees. This tree protection plan will be
established during the site plan review and put into effect prior to the beginning of preliminary grading.
1
2. The Merriman Road entrance will be the only access to the site.
1~,3
3. Applicant shall be required to connect to public water and sewer service.
4. A total of 22 parking spaces, shown on [the 2-1/94] concept plan nearest rear yard border of 5959
Barbara Circle, will not be constructed, resulting in a minimum 40 foot buffer.
5. Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall
be landscaped with one row of small evergreen trees in accordance with Section 30-92 along the
property line adjoining the residential use type. Where night-time lighting of such areas is proposed
large evergreen trees shall be required.
General Standards of the Zoninq Ordinance:
1. In the AG-3, AG-1, AR, and R-1 districts a special use permit shall not be required for the expansion of
an existing use provided all of the following conditions are met:
a. The total gross floor area of the expansion itself does not exceed 15,000 square feet; and
b. The gross floor area of the expansion is not more than two hundred (200) percent of the
existing gross floor area; and
c. The expansion does not include a principal worship area expansion more than fifty percent of
the existing permanent seating.
2. When a place of religious assembly adjoins a residential use type, a Type C buffer yard in accordance
with Section 30-92 shall be provided between the parking area(s) and the residential use type.
2. ANALYSIS OF EXISTING CONDITIONS
Backqround - The Church of the Holy Spirit was built in 1996 after their Special Use Permit was approved
on March 22. 1994 by the Board of Supervisors (Ordinance 32274-8). The Church has gone through
expansions over the years as the congregation has grown. These expansions have not required a new
Special Use Permit.
TOPoQraphvNeQetation - The site currently has a number of large pine trees surrounding the north, east,
and south sides. The west side which is bordered by Cartwright Drive contains a gap in tree coverage
adjacent to 5971 Cartwright.
SurroundinQ Neiqhborhood - The property is surrounded by residential and agricultural residential land
uses. It is bordered on the east by Merriman Road and on the south by Crystal Creek Drive. The north,
east, and west sides are zoned R-1 and consist of Single Family Dwellings. To the south lies an AR zoned
property that is currently vacant. In addition, Cartwright Drive and Barbara Court border the west side of the
property. It should be noted that 5971 Cartwright Drive has clear visual access to the entrance drive of
6011 Merriman Road and front parking.
3. ANALYSIS OF PROPOSED DEVELOPMENT
Site LavouUArchitecture - The expansion for the building will take place on the rear side of the building.
The applicant has proposed a two story building addition totaling 40,500 square feet. The bottom floor's
square footage would total 15,000 square feet and extend the structure over the current back parking lot. In
contrast, the second floor would extend the building beyond that of the first floor and be supported by stilts
over the proposed parking lot expansion. This floor totals 25,500 square feet and would allow for parking
and access under its stilted structure. In addition, the parking lot would be extended to the rear or south side
of the lot to accommodate the 40,500 square foot building expansion. A number of trees would be taken out
on the east side of the site to allow access to the new parking facility.
2
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AccesslTraffic Circulation - According to the County Traffic Engineer the vehicle trips per Sunday for the
existing 27,000 square foot church is approximately 990. With the proposed 40,500 square foot expansion
the ITE vehicle trips per Sunday would increase by 1,490, making the total Sunday trip amount 2,480. As a
condition of the 1994 Special Use Permit the site is accessible by Merriman Road only; no access is
allowed from Cartwright Drive or Crystal Creek Road. In addition, because of the large number of trips the
expansion would create the applicant will need to meet with VDOT to discuss any road improvements such
as left and/or right turn lanes that may be needed.
Fire & Rescue/Utilities - There will be no impact on the delivery of Fire and Rescue to this site.
Stormwater Manaqement /Erosion Control Issues : In accordance with the County's Civil Engineer review
the stormwater management facility that was required to be built with the 1994 site development plan was
found to be overgrown and difficult to see. During the site visit staff observed there were erosion control
issues along Crystal Creek Road. Recent activity to the rear of the site has caused erosion to occur despite
the presence of a silt fence. Staff has reported the erosion activity to Developmental Services and an
update will be provided at the July 5,2005 meeting.
4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN
This site is in conformance with the Neighborhood Conservation area designation of the 2005 Land Use
Map of the Comprehensive Plan. The Neighborhood Conservation designation encourages strategic
placement of non-residential uses, such as churches.
5. STAFF CONCLUSIONS
The Neighborhood Conservation designation of the Comprehensive plan encourages residential
development with tactical placement of non-residential uses. The proposed addition to the church complies
with suitable uses within the Neighborhood Conservation designation. In addition, Religious Assembly is
allowed by an existing Special Use Permit within the R-1 Low Density Residential zoned district. A number
of site improvements and requirements will need to be made at site plan review. In the suggested condition
listing below you'll notice that the existing conditions are first listed and new additional conditions have been
added after. Staff has struck-through the existing conditions that may belshould be removed from the prior
Special Use permit. Please note that the Merriman Road condition from the 1994 Special Use permit has
remained in order to ensure that no access from Cartwright Drive or Crystal Creek Road be allowed.
If the Commission is in support of issuing this permit, staff suggests the following conditions:
Existinq Special Use Conditions:
1. Owner/developer is to prepare the site in full accord 'Nith the Virginia Department of Forestry and
Roanoke County guidelines regarding the protection of existing trees. This tree protection plan will be
established during the site plan re'/ie'N and put into effect prior to the beginning of preliminary grading.
2. The Merriman Road entrance will be the only access to the site.
3. Applicant shall bo required to connect to public water and sewer service.
4. A total of 22 parking spaces, shown on [the 2-1/94] concept plan nearest rear yard border of 5959
Barbara Circle, wìll not be constructed, resulting in a minimum 40 foot buffer.
5. Any outdoor activity area, s'Nimming pool, or ball field or court which adjoins a residential use type Sh311
be landscaped with one rov: of small e\'eFgr~en trees in accord3nce 'Nith Section 30 92 310ng the
property line adjoining the residential use type. Where night time lighting of such areas is proposed
13rge evergreen trees shall be required.
3
New Condition:
1. The parking plan and the development plan shall be in substantial conformity with the Site
Plan prepared by Balzer and Associates, Inc. under the date of April 18, 2005.
CASE NUMBER:
PREPARED BY:
HEARING DATES:
13-7/2005
Katherine D. Youngbluth
PC: 7/5/05
BOS: 7/26/05
í'~
4
.
County of Roanoke
Community Development
Planning & Zoning
For Staff Use Onl
Datc received:
Received by:
-r-
! .--
,
J
..,J
PC/BZA date:
5204 Bernard Drive
POBox 29800
Roanoke, VA 24018-0798
(540) 772-2068 FAX
776-7155
Check type of application filed (check all that apply)
o Rezoning M Special Use 0 Variance
o Waiver
o Administrative Appeal
App1icants name/address wlzip
Church of the Holy Spirit
CONTACT: Edward A. Natt, Esq.
3140 Cha arral Dr. Ste.200 Roanoke 24018
Phone:
Work:
Cell #:
Fax No.:
725-8180
774-0961
Owner's name/address whip
Church of the Holy Spirit
CONTACT: Edward A. Natt, Esq.
Phone #:
Work:
Fax No. #:
725-8180
774-0961
Magisterial Distri ct:
6011 Merriman Road
Community Planning area:
Cave
Tax Map No :
. 087.17-06-11.02
Existing Zoning:
R1S
Proposed Zoning: R 1 S
Proposed Land Use: Olurch
Does the parcel meet the minimum lot area, width, and frontage requirements ofthe requested district?
Yes No IF NO, A V ARlANCE IS REQUIRED FIRST.
Does the parcel meet the minimum criteria for the requested Use Type? Yes No
IF NO, A VARIANCE IS REQUIRED FIRST
If rezoning request, are conditions being proffered with this request? Yes No
V arianceIW aiver of Section(s)
of the Roanoke County Zoning Ordinance in order to:
Appeal of Zoning Administrator's decision to
Appeal ofInterpretation of Section(s):
Appeal of Interpretation of Zoning Map to
ofthe Roanoke County Zoning Ordinance
Is the application complete? Please check if enclosed. APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS
ARE MISSING OR INCOMPLETE.
R/SiW V/AA R/SiW V/AA R/S/W V/AA
Eͧ Consultation Ëi 8 1/2" x II" concept plan ~ Application fee
Application Metes and bounds description X Proffers, ¡fapplicable
Justification Water and sewer application Adjoining property owners
r hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent
of the owner. ~ g.THð~Y~PIRJT ~
. ~.._ f ~ \~ ~
'-
Owner's Signature
2
"T. ~
I
JUSTIFICATION FOR REZONING OR SPECIAL USE PERMIT REQUEST
Applicant
CHURCH OF THE HOLY SPIRIT
The Planning Commission will study rezoning and special use permit requests to
determine the need and justification for the change in terms of public health, safety, and
general welfare. Please answer the following questions as thoroughly as possible. Use
additional space if necessary.
Please explain how the request furthers the purposes of the Zoning Ordinance
(Section 30-3) as well as the purpose found at the beginning of the applicable
zoning district classification in the Zoning Ordinance.
The Church presently occupies the property and utilizes it pursuant to a Special Use
Permit granted in 1994 (Ordinance No. 32294-8). The growth of the Church has utilized
the full space within the present facility. Because of the anticipated future growth of the
Church, the Church would like to expand its present facility in order to carry on its
various ministries and missions. The expansion of the Church on the property is
feasible and is in accordance with the Ordinance as churches are a permitted use, with
a Special Exception, in the present zoning category.
Please explain how the project conforms to the general guidelines and policies
contained in the Roanoke County Community Plan.
The project conforms to the General Guidelines and Policies contained in the Roanoke
County Community Plan by locating a church facility within the present zoning and land
use designation. The property is a large parcel of land and the proposed expansion will
require very minimal encroachments from the existing use upon the remainder of the
property.
Please describe the impact(s) of the request on the property itself, the adjoining
properties, and the surrounding area, as well as the impacts on public services
and facilities, including waterlsewer, roads, schools, parkslrecreation and fire and
rescue.
The proposed project will have no negative impact on any of the public facilities
described herein. The property is already located for a church and this will merely be
an expansion.
\\JOll Y\SYS\USERS\CBaumgardner\Holy Spirit\Zoning\JUSTIFfCA TION.doc
PROFFERS
-~ ::.t
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Address of Subject Property:
6011 Merriman Road
Tax MaD No.:
087.17-06-11.02
ApplicanUOwner Name:
Church of the Holy Spirit
PROFFERS
The undersigned owner does hereby proffer the following conditions in conjunction
with the rezoning request:
1. The parking plan and the development plan shall be in substantial
conformity with the Site Plan prepared by Balzer and Associates, Inc.. under date of
April 18, 2005.
2. The Merriman Road entrance will be the only access to the site.
ApplicanUOwner:
CHURCH OF THE HOLY SPIRIT
BY to.....Q Q t\:\t I '& ~
F:\USER.S\CBaumgardner\Holy Spirit\Zoning\PROFFERS.doc
íb ~
LEGAL DESCRIPTION
Address of Subject Property:
6011 Merriman Road
Tax Map No.:
087.17 -06-11.02
Applicant/Owner Name:
Church of the Holy Spirit
Parcell:
New Tract A containing 15.247 acres as shown on the plat
recorded in Plat Book 24, page 159.
Parcell!:
0.097 acre on the northwesterly side of Cartwright Drive as
shown on the plat of survey attached to the Deed recorded
in Deed Book 1441, page 1161 and also as shown, but with
no metes and bounds given, on the plat recorded in Plat
Book 24, page 159.
BEING the same properties conveyed to John Domalski,
Brett Roach and Charles Tull, Trustees of Church of the Holy
Spirit by The Terumah Foundation, Inc. by Deed dated
August 28, 2003 and recorded in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia as Instrument
No. 200322110.
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LAW OFFICES
OSTERHOUDT, PRILLAMAN, NATT, HELSCHER,
YOST, MAXWELL & FERGUSON, PLC
Edward A. Natt
3140 Chaparral Drive, Suite 200-C
P. O. Box 20487
Roanoke, Virginia 24018
(540) 725-8180
Fax (540) 774-0961
E-mail: enatt@opnlaw.com
July 12, 2005
VIA E-MAIL: kvounabluthCiv.roanokecountvva.aov
Ms. Kate Youngbluth
Long Term Planner II/Site Plan Review
Roanoke County Planning/Zoning
Re: Special Use Permit - Church of the Holy Spirit
6011 Merriman Road - Tax Map No. 087.17-06-11.02
Dear Kate:
As a follow-up to the representations I made to the Planning Commission on
Tuesday, please be advised that I contacted Jim Dillon later that evening. Jim called
me Wednesday of last week and indicated to me that he had talked with Mark in your
Engineering Department. Mark advised Jim that all correction work which needed to be
done had been completed, and Mark further advised Jim that he had contacted
someone in the Planning Department and advised them of that on Tuesday.
Apparently, the word did not get to you.
In any event, please let me know if such is not the case and we will undertake
any additional work.
I would also appreciate your passing this on to the Members of the Planning
Commission so that they are aware that we did follow up.
As usual, I thank you for your cooperation in this matter.
With best personal regards, I am
EANlcsb
pc: Rev. Quigg Lawrence
Mr. Jim Dillon
Very truly yours,
OSTERHOUDT, PRILLAMAN, NATT, HELSCHER,
YOST, MAXWELL & FERGUSON, P.L.C.
~Q{\'¡-
Edward A. Natt
r:3
{'..3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 26, 2005
ORDINANCE AMENDING AND GRANTING A SPECIAL USE PERMIT
TO THE CHURCH OF THE HOLY SPIRIT TO EXPAND A RELIGIOUS
ASSEMBLY FACILITY ON 15.24 ACRES lOCATED AT 6011
MERRIMAN ROAD (TAX MAP NO. 87.17-6-11.2) CAVE SPRING
MAGISTERIAL DISTRICT
WHEREAS, the Church of the Holy Spirit was granted a special use permit on
March 22, 1994 by Ordinance #32294-8; and
WHEREAS, the Church of the Holy Spirit has filed a petition for a special use
permit to expand a religious assembly facility on 15.24 acres located at 6011 Merriman
Road (Tax Map No. 87.17-6-11.2) in the Cave Spring Magisterial District; and
WHEREAS, the existing special use permit will be amended by deleting certain
conditions and imposing a new condition; and
WHEREAS, the Planning Commission held a public hearing on this matter on
July 5, 2005; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on June 26, 2005; the second reading and public hearing on this
matter was held on July 26,2005.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to the
Church of the Holy Spirit to expand a religious assembly facility on 15.24 acres located
at 6011 Merriman Road in the Cave Spring Magisterial District is substantially in accord
with the adopted 2000 Community Plan, as amended, pursuant to the provisions of
1
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'[
Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use
permit is hereby approved with the following conditions:
(1) Owner/developer is to prepare the site in full accord with the Virginia
Department of Forestry and Roanoke County guidelines regarding the protection
of existing trees. This tree protection plan '.viII be established during the site plan
review and put into effect prior to the beginning of preliminary grading.
(2) Merriman Road will be the only access to the site.
(3) Applicant shall be required to connect to public water and sewer service.
(4) A total of 22 parking spaces, shown on (the 2-1/94) concept plan nearest
rear yard border of 5959 Barbara Circle, will not be constructed, resulting in a
minimum 40 foot buffer.
(5) Any outdoor activity area, s'A'imming pool, or ball field or court which
adjoins a residential use type shall be landscaped v.'ith one row of small
evergreen trees in accordance '.'lith Section 30 92 along the property line
adjoining the residential use type. Where night time lighting of such areas is
proposed large evergreen trees shall be required.
(3) The parking plan and the development plan shall be in substantial
conformity with the Site Plan prepared by Balzer and Associates, Inc. under the
date of April 18, 2005.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
2
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
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Applicants Name: Church of the Holly Spirit
Existing Zoning: R1 S
Proposed Zoning: R1 S
Tax Map Number: 87.17-6-11.02
Magisterial District: Cave Spring Area: 15.24 Acres
May 31, 2005 Scale: 1" = 200'
Roanoke County
Department of
Community Development
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ACTION NO.
ITEM NO.
T-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
July 26,2005
AGENDA ITEM:
Second reading of an ordinance authorizing the vacation of
four existing 15 ft. drainage easements within the proposed
development of Cherokee Hills, Section 4, Catawba Magisterial
District
SUBMITTED BY:
Arnold Covey
Director of Community Development
Elmer C. Hodge
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 ft. 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. The first reading of this ordinance was held on July 12, 2005.
1-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 ft. drainage easements
ALTERNATIVES:
1. Adopt the proposed ordinance authorizing the County Administrator to execute the
necessary documents for vacation of the four existing 15 ft. 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 Alternative 1, adoption of the proposed ordinance.
· .
T-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 26,2005
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
1
, .
.,-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
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