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Home My WebLink About9/27/2005 - Regular Roanoke County Board of Supervisors Agenda September 27,2005 Good afternoon and welcome to our meeting for September 27, 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: Pastor Jack D. Woods Oak Grove Assembly of God 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Proclamation declaring October 9 through 15, 2005, as Fire Prevention Week in the County of Roanoke D. BRIEFINGS 1. Briefing from the Clearbrook Overlay Citizens Review Committee. (Randy Kingery, President of the Clearbrook Civic League) 1 E. NEW BUSINESS 1. Adoption of a list of interstate and primary road projects and resolution to be presented at the Virginia Department of Transportation (VDOT) public hearing for fiscal years 2007-2012 six-year improvement program. (Anthony Ford, Transportation Engineering Manager) 2. Request to appropriate funds in the amount of $123,000 for renovations to the Roanoke County Courthouse. (Anne Marie Green, Director of General Services) 3. Request for approval of Deputy Clerk position for Clerk of the Circuit Court. (Steve McGraw, Clerk of the Circuit Court) 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 o~ 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 amend the Roanoke County Zoning Ordinance, Section 30-29-5 commercial use types, to include a new definition for "adult business", and Section 30-54-2(8)2 C-2 General Commercial to add adult business as a use allowed only by special use permit and Section 30- 85-_ to add additional use and design standards for adult businesses upon the petition of the Board of Supervisors 2. First reading of an ordinance to obtain a special use permit to construct mini- warehouses on 1.503 acres located at 2205 Washington Avenue, Vinton Magisterial District, upon the petition of Winter Properties Partnership, LLC 3. First reading of an ordinance to obtain a special use permit to construct an accessory apartment on .43 acres located at 3652 Bond Street, Windsor Hills Magisterial District, upon the petition of Thomas Q. Johnson G. FIRST READING OF ORDINANCES 1. First reading of an ordinance amending the Roanoke County Code by the addition of Article III. "Adult Businesses" to Chapter 13. UOffenses - Miscellaneous". (Paul Mahoney, County Attorney) 2. First reading of an ordinance authorizing the exercise of an option and the acquisition of certain real estate from John T. Parker consisting of approximately 6.28 acres for future County use, Windsor Hills Magisterial District. (Diane D. Hyatt, Chief Financial Officer; Paul Mahoney, County Attorney) 2 H. SECOND READING OF ORDINANCES I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) 2. Capital Improvement Program (CIP) Review Committee (Appointed by District) 3. Grievance Panel 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 -August 23 and September 13, 2005 2. Confirmation of appointments to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) and Grievance Panel 3. Request from the Library to accept and appropriate two literacy grants totaling $2,500 from the Wal-Mart Foundation 4. Request from the schools to appropriate $9,250 for construction of the Arnold R. Burton Modular Home Pavilion 5. Request from the schools to appropriate dual enrollment revenues in the amount of $610.64 6. Request from the Community Development Department to accept and appropriate grant funds in the amount of $10,000 from the Department of Forestry 7. Request from the Fire and Rescue Department to accept and appropriate grant funds in the total amount of $74,339 from the Virginia Department of Health 8. Request from the Police Department to accept and appropriate grant funds in the total amount of $92,192 3 K. REQUESTS FOR WORK SESSIONS 1. Request to schedule a work session on October 11, 2005, to review the Bikeway Plan for the Roanoke Valley Area MPO. (Anthony Ford, Transportation Engineering Manager) 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 5. Accounts Paid - August 2005 6. Statement of expenditures and estimated and actual revenues for the month ended August 31, 2005 7. Statement of Treasurer's accountability per investment and portfolio policy as of August 31,2005 8. Public Safety Center Building Project Budget Report 9. Public Safety Center Building Project Change Order Report 10. Jail Study Costs Report O. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (30) discussion of the terms or scope of a public contract where discussion in open session would adversery effect the bargaining position or negotiating strategy of the County, namely an agreement with the City of Roanoke concerning regional fire and rescue service delivery 4 P. WORK SESSIONS (Training Room - 4th floor) 1. Work session to discuss the following issues related to the Western Virginia Regional Jail Authority. (John M. Chambliss, Assistant County Administrator) (a) Interim financing (b) Draft service agreement 2. Work session to discuss preliminary unaudited results of operations for the year ended June 30, 2005. (Diane Hyatt, Chief Financial Officer; Rebecca Owens, Director of Finance; Brent Robertson, Director of Management and Budget) EVENING SESSION Q. CERTIFICATION RESOLUTION R. NEW BUSINESS 1. Request to adopt resolution whereby each member locality of the Western Virginia Regional Jail Authority accepts responsibility for their proportionate share of the jail costs until the service agreements and interim financing are completed. (John Chambliss, Assistant County Administrator) S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Continued until October 25 at the reauest of the Plannina Commission. Second reading of an ordinance to consider spot blight abatement of property located at 3821 Colony Lane, Cave Spring Magisterial District, upon the petition of the Roanoke County Building Commissioner. (Janet Scheid, Chief Planner) 2. Second reading of an ordinance to rezone 375.:t acres from ARCS, Agricultural Residential with conditions and a special use permit, and ARS, Agricultural Residential with a special use permit, to Planned Residential District, for the purpose of developing a golf course resort and residential community with other uses per Section 30-47-2 B such as a clubhouse, restaurant, and overnight cottage accommodations, and to develop a maximum of 89 single family residences on 375± acres for a density of .24 residential units per acre, on property located at 3687 Pitzer Road, Vinton Magisterial District, upon the petition of Lester George. (Janet Scheid, Chief Planner) 5 3. Second reading of an ordinance to rezone approximately 9.95 acres from R- 1, Single Family Residential District, to PRO, Planned Residential District with conditions, to construct 60 townhomes 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. (Janet Scheid, Chief Planner) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. 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 v. ADJOURNMENT 6 ACTION NO. ITEM NO. C~ \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2005 AGENDA ITEM: Proclamation declaring October 9-15, 2005 as Fire Prevention Week in the County of Roanoke SUBMITTED BY: Richard E. Burch, Jr. Chief of Fire and Rescue Elmer C. Hodge ctf County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: National Fire Prevention Week is October 9-15, 2005 and commemorates the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless, and destroyed more than 17,400 buildings. We would like to proclaim October 9-15, 2005 as Roanoke County Fire Prevention week and encourage citizens to participate in fire prevention activities at home, work, and school. In keeping with this year's theme "Use Candles with Care", we would also like to encourage a1l Roanoke County citizens to exercise caution when using candles in the home. ", C-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27,2005 PROCLAMATION DECLARING OCTOBER 9-15, 2005 AS FIRE PREVENTION WEEK IN THE COUNTY OF ROANOKE WHEREAS, Roanoke County is committed to ensuring the safety and security of all those living in and visiting our county; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, the nonprofit National Fire Protection Association (NFPA) has documented through its research a significant increase in home candle fires, even as most other causes of home fires have steadily declined; and WHEREAS, Roanoke County's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Roanoke County's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, using proper care with candles will have a positive effect on the home fire problem; and WHEREAS, each candle fire that is prevented in Roanoke County is an opportunity to prevent painful injury and costly property damage; and WHEREAS, the 2005 Fire Prevention Week theme "Use Candles with Care: When You Go Out, Blow Out!", effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round. 1 .. c-~ NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim the week of October 9 through October 15, 2005, as FIRE PREVENTION WEEK in Roanoke County and urge the citizens of Roanoke County to heed the important safety messages of Fire Prevention Week 2005, and to support the many public safety activities and efforts of the Roanoke County Fire and Rescue Department. 2 ACTION NO. ITEM NO. û..::J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2005 AGENDA ITEM: SUBMITTED BY: Briefing from the Clearbrook Overlay Citizens Review Committee Elmer C. Hodge ~ ~ County Administrator APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Several months ago, Supervisor Wray established a committee to review the Clearbrook Overlay Design Guidelines. Randy Kingery, Chairman of the Citizens' Committee) wishes to make a presentation to the Board on their efforts. Afterward, the committee report will be submitted to County staff for review and any necessary changes. Following the review, any changes will be submitted to the Planning Commission and Board of Supervisors for approval. ACTION NO. ITEM NO. ~ t AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27t 2005 AGENDA ITEM: Adoption of a list of interstate and primary road projects and resolution to be presented at the Virginia Department of Transportation's (VDOT's) public hearing for the Fiscal Years 2007-2012 six-year improvement program. SUBMITTED BY: Anthony Ford, P.E. Transportation Engineering Manager Elmer C. Hodge ~ "f~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The Commonwealth Transportation Board (GTB) is holding public hearings from late September to mid-November to receive comments about which essential rail, public transportation, bicycle, pedestrian, and highway projects (Primary and Interstate roads) should be included in the Fiscar Years 2007-2012 Six-Year Improvement Program (SYIP). This year's public hearing for the Salem District is scheduled for September 27,2005 at the Salem Civic Center, Community Roomt beginning at 4 P.M. and ending when all comments have been received. Listed below are: · Primary and Interstate road projects that are currently in the VDOT Fiscal Year 2005-06 Six Year Improvement Program that the County recommends for the continuance of funding for planning and construction. · Primary and Interstate road projects that are currently not funded in the VDOT 2005-06 Six Year Improvement Program that the County has identified as extremely important to its citizens and has a strong desire to see included in the Improvement Program. · Primary and Interstate road projects that deselVe consideration for spot improvements and inclusion in the Improvement Program. ..-~ '--- A. Enclosed herein is a list of projects included in the Fiscal Year 2005-2006 VDOT Six-Year Improvement Program that County staff and Board of Supervisors recommend for continuance of funding for the planning and construction of said projects (please refer to the attached map to see location of projects): Map #: Facility Rte # & Name: A-1 Interstate 73 From: Countyvvide Botetourt Co. Une Salem City Ii m its Rte 735 (Coreman Rd) Over Back Creek Rte 419 (Electric Rd) To: Countywide Montgomery Co. line 0.10miwest Rte 830 Rte 688 (Cotton Hill Rd) Over Back Creek FrankHn Co. line Comments: [n a letter dated June 3, 2001 t the Board of Supervisors encouraged VDOT to work closely with the impacted citizens to address their concerns and mitigate any negative impacts to them. This is in addition to the resolution 120500-2 passed December 5t 2000 reaffirming the Board's support for 1-73. Upon completion and approval of the Final Environmental Impact Statement, FHWA will issue a Record of Decision. Roanoke County continues to support VDOT's proposed plan to widen 1-81 from its present four lanes. We look forward to continuing our partnership with VDOT to develop regional cooperation for storm water detention facilities, potential utility crossings. and other design issues that could impact Roanoke County's future. Roanoke County continues to support the ongoing design for improvements in this important commercial and residentiar development area. Improvements will provide an increase in the level of service, bringing it up to standards required for the expected growth. This project had been removed from the SYIP but was reinstated in FY 05-06. The residential development that has occurred/expected to occur within this area wHI place additionaf demands on the road system that is currently providing an inadequate level of service; safety issues need to be addressed. The VDOT Salem Residency has notified staff that the bridge over Back Creek is in need of repair and we wish to offer our support for improvements to the approaches and bridge replacement. We support continued funding of safety and mobility improvements and crossover closures and desire the continuance of that work. B. Enclosed herein is a list of projects that are not included in the Fiscal Year 2005- 2006 VDOT Six-Year Improvement Program that County staff and Board has identified as extremely important to the continued growth of Roanoke County and/or for safety A-2 Interstate 81 A-3 Rte. 11/460 (West Main St) A-4 Rte. 221 (Bent Mtn Rd) A-5 Bridge on Rte. 116 (Jae Valley Rd) A-6 Safety/Mobility Improvements Rte 220 2 0...--- ~,- improvements (please refer to the attached map to see location of proposed projects). County staff and Board of Supervisors request that the following list of prioritized projects be included in the FY 2007-2012 VDOT Six-Year Improvement Program: Map! Priority #: B-1 B-2 B-3 8-4 8-5 8-6 B-7 Facility Rte # & Name: Rte. 221 (Bent Mtn Rd) Rte. 11 (Williamson RdJ Rte. 115 (Plantation Rd) Rte. 220 (Franklin RdJ Rte. 116 (Jae Valley Rd) Rte. 460E (Challenger Ave) Rte. 419 (Electric Rd) From: Rte 688 (Cotton Hill Rd) Rte 117 (Peters Creek Rd) Roanoke City Jim jts Rte 419 (Electric Rd) Roanoke City limits Roanoke City limits Salem City Ii m its To: Rte 694 (Old Bent Mtn Rd) Roanoke City Ii m its Rte. 11 (Williamson Rd) Franklin Co. line Franklin Co. line Botetourt Co. line Roanoke City limits (US 220) 3 Comments: Portions of Rte 221 have been funded for PEl County requesting RW and Construction funding for extension of project; much needed improvement project due to increasing residential demands on corridor Now that Route 11 has been widened from Plantation Road to Hollins CoUeget this particu~ar section of three-lane road remains to be improved. Additionally, the existing bridge over Carvins Creek does not meet current standardsþ and the alignment of Florist Road with Route 11 creates additional congestion and safety concerns. The existing section of road, 1.52 miles, is currentJy a three-Jane with the center lane used for turning movements. Ninety percent of the tracts adjacent to Williamson Road are develoQed for commercial use. This two-I a ne section of Plantation Road is approximately 2.43 miles in 'ength with numerous secondary road connections. If full funding were not available, various spot improvements, such as turn lanes, alignment and grade improvements wouJd help with safety issues. Additional land is available aJong the road for future development, which wilJ increase traffic and construction costs in the future. Increasing commercial and residential development and commuter traffic have ptaced transportation demands on this corridor. Additional lanes, improved vertical alignment, and/or spot improvements are needed. This road is serving the growing commuter traffic from Franklin County and recreational traffic to Smith Mountain Lake: need to improve to provide safety and capacity (there is funding for the bridge in FY 05-06t need road improvementsÞ as weH). The continued residential, commercia', and industrial growth within this corridor has increased traffic demands. Need based on existing traffic volume, current and anticipated economic devetopment, and accident history. Could focus on operational improvements (e.g. turn lanes. signal coordination, etc.) from Salem City limits to Rte 221; need to add capacity from Rte 221 to US 220. ! ;"_ ,__.1 L.- ~ c. Enclosed herein is a list of projects that are not included in the Fiscal Year 2005- 2006 VDOT Six-Year Improvement Program that County staff and Board feels deserve consideration for spot improvements (please refer to the attached map to see location of proposed projects): Map #: Facility Rte # & Name: Comments: C-1 Route 419 (Electric Road) Intersection improvements throughout corridor C-2 Route 118 (Airport Road) Construct left-turn lane at intersection with Rte. 623 (Dent Rd.) C-3 Route 24 (Washington Improvements at the intersection of William Byrd A venue) High School C-4 Route 311 (Catawba Valley Construct left-turn lane at intersection with Route 864 Road) (Bradshaw Road - Mason's Cove area) STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt the list of projects and resolution to be presented at the Virginia Department of Transportation Update Hearing for the Fiscal Years 2007-2012 Six-Year Improvement Program on September 27.2005. 4 /~" - L_.-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON SEPTEMBER 27,2005. RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION, VDOT, TO CONTINUE FUNDING PROJECTS CURRENTLY IDENTIFIED IN THE FISCAL YEAR 2005-2006 VDOT SIX- YEAR IMPROVEMENT PROGRAM AND TO ADOPT THE PRIORITIZED LIST OF INTERSTATE AND PRIMARY ROAD PROJECTS HEREIN IDENTIFIED AS "NOT INCLUDED IN THE FISCAL YEAR 2005-2006 VDOT SIX-YEAR IMPROVEMENT PROGRAM" FOR INCLUSION INTO THE FISCAL YEAR 2007-2012 SIX-YEAR IMPROVEMENT PROGRAM. WHEREAS, the Six-Year Improvement Program is the Commonwealth Transportation Board's plan for identifying funds anticipated to be available for highway and other forms of transportation construction; and WHERAS, this program is updated annually to assist in the allocation of federal and state funds for interstate and primary roads. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the following projects identified as "included in the Fiscal Year 2005- 2006 VDOT Six-Year Improvement Program" are recommended for continuance of funding for the planning and construction of said projects. · Interstate 73 - In a letter dated June 3,20011 the Board of Supervisors encouraged VDOT to work closely with the impacted citizens to address their concerns and mitigate any negative impacts to them. This is in addition to the resolution 120500-2 passed December 5, 2000 reaffirming the Board's support for 1-73. · Interstate 81- Roanoke County continues to support VDOT's proposed plan to widen 1-81 from its present four lanes. We look forward to continuing our partnership with VDOT to develop regional cooperation for storm water detention facilities, potential utility crossings, and other design issues that could impact Roanoke County's future. · Rte. 11/460 (West Main St) - From: Salem City limits, To: 0.10 mi west Rte 830, Technology Dr. - Roanoke County continues to support the ongoing design for improvements in this important commercial and residential development area. Improvements will provide an increase in the level of service, bringing it up to standards required for the expected growth. EI · Rte. 221 (Bent Mtn RdJ - From: Rte 735. Coleman Rd.. To: Rte 688 Cotton Hill Rd. - This project had been removed from the Six-Year Improvement Program but was reinstated in FY 05-06. Funds allocated to Rte 221 in the FY 05-06 Program were only for a portion of the corridor that was originally scoped. The residential development that has occurred/expected to occur within this area will place additional demands on the road system that is currently providing an inadequate level of service. · Bridae Reolacement Rte. 116 (Jae Vallev Rd.' over Back Creek- The VDOT Salem Residency has notified staff that the bridge over Back Creek is in need of repair and we wish to offer our support for improvements to the approaches and bridge replacement. · Rte. 220 Safetv/Mobilitv Imorovements - We support continued funding of safety and mobHity improvements and crossover closures and desire the continuance of that work. 2. That the following projects identified as "not included in the Fiscal Year 2005- 2006 VDOT Six-Year Improvement Programn have been identified, prioritized. and selected by the Board of Supervisors as extremely important to the growth of Roanoke County and/or for safety improvements and are requested to be included in the Fiscal Year 2007-2012 VDOT Six-Year Improvement Program. 1. Rte. 221 (Bent Mtn RdJ - From: Rte 688 (Cotton Hill Rd), To: Rte 694 (Old Bent Mtn Rd) - Portions of the Rte 221 corridor have been funded for Preliminary Engineering. Roanoke County is requesting Right-of-Way and Construction funding for the extension of the project to extend to the base of Bent Mountain. The much needed improvement project is due to increasing residential demands on corridor. 2. Rte. 11 (Williamson RdJ - From: Rte 117 (Peters Creek Rd). To: Roanoke City limits - Now that Rte 11 has been widened from Plantation Road to Hollins College, this particular section of three-lane road remains to be improved. Additionally, the existing bridge over Carvins Creek does not meet current standards, and the alignment of Florist Road with Rte 11 creates additional congestion and safety concerns. The existing section of road, 1.52 miles in length, is currently a three-lane road with the center lane used for turning movements. Ninety percent of the tracts adjacent to Williamson Road are developed for commercial use. 2 I~ 1 .1 . -- { C' 3. Rte. 115 (Plantation RdJ - From: Roanoke City limits, To: Rte. 11 (Williamson Rd) - This two-lane section of Plantation Road is approximately 2.43 miles in length with numerous secondary road connections. If full funding were not available, various spot improvements, such as turn lanes, alignment and grade improvements would help with safety issues. Additional land is available along the road for future development, which will increase traffic and construction costs in the future. 4. Rte. 220 (Franklin RdJ - From: Rte 419 (Electric Rd), To: Franklin Co. line -Increasing commercial and residentiar development and commuter traffic have placed transportation demands on this corridor. Additional lanes, improved vertical alignment, and/or spot improvements are needed. 5. Rta. 116 (Jae Vallev RdJ - From: Roanoke City limits, To: Franklin Co. line - This road is serving the growing commuter traffic from Franklin County and recreational traffic to Smith Mountain Lake. We need to provide safety and capacity to its users (Note: there is funding for the bridge on Rte 116 in FY 05-06; however need road improvements, as well). 6. Rte. 460 (Challenaer Ave) - From: Roanoke City limits, To: Botetourt Co. line - The continued residential, commercial, and industrial growth within this corridor has increased traffic demands. 7. Rte. 419 (Electric Rd) - From: Salem City limits, To: Roanoke City limits (US 220) - The need is based on existing traffic volumes, current and anticipated economic development, and accident history. Courd focus on operational improvements (e.g. turn lanes, signal coordination, etc.) from Salem City limits to Rte 221; need to add capacity from Rte 221 to US 220. 3. That the following projects identified as Unot included in the Fiscal Year 2005- 2006 VDOT Six-Year Improvement Program" are recommended for spot improvements and for inclusion in the Fiscal Year 2007-2012 VDOT Six-Year Improvement Program. . Route 419 (Electric Road) - Intersection improvements throughout corridor . Route 118 (Airøort Road) - Construct left-turn rane at intersection with Rte. 623 (Dent Rd.) 3 Ë~j . Route 24 (Washinaton AvenueJ - Improvements at the intersection of William Byrd High School . Route 311 (Catawba Vallev Road) - Construct left-turn lane at intersection with Route 864 (Bradshaw Road - Mason's Cove area) 4 ~ ~ ~ Cf) ~ o Q > N ~ o N I ~ o o N ~ ~ \ ~ ~ - -- '\ ~~ -~§ roo uU . , 'fi": , ; ,; V:) , t r:- ~ ¡"\ , \ '¥" -oZ' '-c: ~::J "'00 Æü -\'" , ' ... 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VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2005 AGENDA ITEM: Request to appropriate funds in the amount of $123,000 for renovations to the Roanoke County Courthouse SUBMITTED BY: Anne Marie Green Director of General Services Elmer C. Hodge ~ ð~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: This agenda item has importance beyond the maintenance costs requested. First is the addition of a Circuit Court Judge because of work load. We have been able to accommodate the new judge by converting the only available open space for an office. This will accommodate us for several years, but it is important to understand that we will need to include expansion of the courthouse in our CIP in the future. The addition of technology to the third courtroom is necessary because of the increasing work load and the additional judge. Second, the replacement of the HVAC in the Commonwealth Attorney's office is a reminder of the fact that the building is 25 years old and has not had a major remodeling or replacement. Funds for this purpose will be included in future budgets. SUMMARY OF INFORMATION: The Roanoke County Courthouse was built in 1985. Since that time, various renovations have been needed to keep pace with technology and to adjust to increasing workloads. As with any 20 year old building, funding has also been needed for repair and replacement of major equipment. The Commonwealth of Virginia has authorized an additional judge for Roanoke County Circuit Court, which will necessitate additional office space. Plans are currently being made to enclose the Circuit Court Judges waiting area for this purpose, and funding is already available in the courthouse renovation account for that project. Two of the three Circuit Courtrooms have videotaping capability, which enhances the ability of the Circuit Court Clerk to provide transcripts for participants in trials. Courtroom 5, however, does not have this capability, which makes it difficult for judges, clerks, attorneys and litigants to review court proceedings without obtaining a written transcript. The Judges E-~ and the Clerk have indicated that this is a cumbersome procedure and service to the citizens would be improved by installing a videotaping system in Courtroom 4. Funding is not available for this project. The heating and air conditioning systems serving the Commonwealth's Attorney's office on the second floor of the Courthouse have been inadequate for some time, and the employees in that office have been uncomfortable when carrying out their duties. The area is divided into many offices and conference rooms, which makes it difficult to keep the temperature balanced throughout the space. The original design of the air conditioning was insufficient and must now also deal with additional heat load from computers that were not present or apparently anticipated at the time. The cooling capacity is well below industry standards, there is very little air flow and no heat is provided to the area. In fact, the air conditioning is a packaged residential system instead of being part of the chilled water system which is in the building. Unfortunately, replacing the system will also require replacing the entire ceiling. FISCAL IMPACT: Installation of a video recording system for Courtroom 5 is estimated at $43,000. Replacing the HV AC system for the Commonwealth's Attorney's office, along with related work, such as replacing the ceiling, is estimated at $80,000. Funding can be appropriated for this project from the Minor County Capital Reserve. STAFF RECOMMENDATION: Staff recommends approval of this request for video equipment for Courtroom 5 and upgrade of the heating and air conditioning system for the Commonwealth's Attorney's office, and appropriation of $123,000 from the Minor County Capital Reserve for this project. ACTION NO. ITEM NO. E-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2005 AGENDA ITEM: Request for approval of Deputy Clerk position for the Clerk of the Circuit Court SUBMITTED BY: Steve McGraw Clerk of the Circuit Court Elmer C. Hodge ~ ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~ SUMMARY OF INFORMATION: In late August 2005, the judges of the 23rd Judicial Circuit (Roanoke. Roanoke County, Salem) decided that a third judge would begin presiding in Roanoke County Circuit Court as of January 1 , 2006. In addition to creating the necessity for additional office space for a third circuit court judge within that portion of the Roanoke County Courthouse, the change in judicial procedures has also resulted in the need for a sixth Deputy Clerk in the criminal division of the Clerk of the Circuit Court's office. The level of expertise required for such a position can be accomplished at the Deputy Clerk II level of training and experience; therefore, t am requesting approval of and funding for this position from Roanoke County. Currently in the Clerk of Circuit Court's office there are twelve deputy clerk positions funded primarily by the State Compensation Board, and three Deputy Clerk positions that are fully funded by Roanoke County. For more than ten years, the Clerk's office has received no staffing increases while consistently earning excellent audit reports and functioning with urevet funding" from Roanoke County. t¿-3 As you know, our office's annual collection of fees and fines greatly exceeds its cost to Roanoke County and to Virginia, and our office is one of less than 20 of the 120 clerks' offices in Virginia that accomplishes this fiscal feat each year. FISCAL IMPACT: The cost of a Deputy Clerk II for FY2005-06 is $25,525. As mentioned above, the Clerk's office generates numerous fines, fees, and taxes that are recorded in the General Fund. For FY04-05 recordation fees had a budget of $1,275,000 and due to the continued high volume of transactions in this area, actual receipts amounted to $1 ,525,000. STAFF RECOMMENDATION: Staff recommends approval of an additional Deputy Clerk II position in the County's Classification Plan for the Clerk of the Circuit Court; an appropriation of $25,525 for the related increase in personnel expenditures in the Clerk of the Circuit Court's budget; and an appropriation of additional revenue in the amount of $25,525 from recordation fees. 2 ACTION NO. FJ~2 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTYt VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATlON CENTER MEETING DATE: September 27, 2005 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances - consent agenda SUBMITTED BY: Janet Scheid Chief Planner Elmer C. Hodge £If County Administrator APPROVED BY: COUNTY ADMINISTRATOR1S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for October 25. 2005. The titles of these ordinances are as follows: 1. The petition of the Board of Supervisors to amend the Roanoke County Zoning Ordinance, Section 30-29-5 commercial use types, to include a new definition for "adult business", and Section 30-54-2(B)2 C-2 General Commercial to add adult business as a use allowed only by special use permit and Section 30-85-_ to add additional use and design standards for adult businesses. 2. The petition of Winter Properties Partnership, LLC to obtain a Special Use Permit to construct mini-warehouses on 1.503 acres located at 2205 Washington Avenue, Vinton Magisterial District. 1 PI-3 3. The petition of Thomas Q. Johnson to obtain a Special Use Permit to construct an accessory apartment on .43 acres located at 3652 Bond Street, Windsor Hills Magisterial District. Maps are attached. More detailed information is available in the Clerkts Office. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for October 25. 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 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: September 27,2005 First reading of ordinance amending the Roanoke County Zoning Ordinance, Section 30-29-5. Commercial Use Types to include new definition for "Adult Business" and Section 30- 54-2(B)2 C-2 General Commercial to add adult business as a use allowed only by special use permit and Section 30-85- to add additional, use and design standards for adult businesses AGENDA ITEM: SUBMITTED BY: Paul M. Mahoney Cou nty Attorney COUNTY ADMINISTRATOR'S COMMENTS: The County cannot prevent adult business uses. Therefore, we want to fit them in an area where they will have the least impact on the surrounding community. SUMMARY OF INFORMATION: This ordinance will regulate the operation and location of adult businesses in Roanoke County. This proposal consists of amendments to two chapters of the Roanoke County Code - Chapter 13 and Chapter 30. It attempts to address the illegal secondary effects arising from certain lawful businesses: bookstores, video stores, motels, theaterst and nightclubs that provide adult entertainment. The illegal secondary effects are most often prostitution, drug dealing, sexual assaults and sexual offenses against minors. At the same time the Board must respect the limitations of the First Amendment to the U. S. Constitution. It is not the intent of these ordinances to restrict or regulate the content of communicative methods or materials. Government may only impose content neutral restrictions on speech, whether that "speech" is spoken, written or symbolic, and dancing has been deemed to be symbolic speech by the courts. The ordinance amends Chapter 30. Zoning Ordinance. This amendment allows adult businesses with a special use permit in the C-2 zoning district (General Commercial). It also establishes certain use and design standards for such businesses, including signage, illumination of off-street parking areas, and a requirement for a security camera and video tape system to monitor exterior entrances and parking areas. In f- I addition, it restricts the location of adult businesses to be at least 300 feet away from day care centers, schools, churches, or residential zoning districts. There are approximately 1839 acres (1115 parcels) of real estate zoned C-2 in Roanoke County. 1565 acres (883 parcels) are within the exclusion zone; 273 acres (232 parcels) are not within the exclusion zone. Approximately 14.8% of C-2 real estate would be available for adult business uses with a special use permit. Attached to this report is the draft ordinance. Also a map of the County showing the effect of the 300 foot exclusion zone will be available at the meeting. This ordinance has been reviewed by the Roanoke County Police Department and Commonwealth's Attorney. STAFF RECOMMENDATION: Any amendment to the Zoning Ordinance must first be submitted to the Planning Commission for its review, public hearing and recommendation. The Planning Commission is scheduled to hold a public hearing on the amendments to Chapter 30 on October 4, 2005. The first reading of this ordinance is scheduled for September 27, 2005. The second reading and public hearing on this ordinance is scheduled for October 25, 2005. The ordinance amending Chapter 13 of the Roanoke County Code will be considered by the Board of Supervisors on the same dates, but at different times on this agenda. 2 r::- ¡ . AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINSTRATION CENTER ON TUESDAY, SEPTEMBER 27,2005 ORDINANCE AMENDING THE ROANOKE COUNTY ZONING ORDINANCE, SECTION 30-29-5. COMMERCIAL USE TYPES TO INCLUDE NEW DEFINITION FOR "ADULT BUSINESS" AND SECTION 30-54-2(B)2 C-2 GENERAL COMMERCIAL TO ADD ADULT BUSINESS AS A USE ALLOWED ONLY BY SPECIAL USE PERMIT AND SECTION 30-85-_ TO ADD ADDITIONAL, USE AND DESIGN STANDARDS FOR ADULT BUSINESSES BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 30-29-5. Commercial Use Types of the Roanoke County Zoning Ordinance be amended to read and provide as follows: *' * *' *' "Adult business" means any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons, and as such terms are defined in Chapter 13 of this Code. *' *' * *' 2. That Section 30-54-2. (B) 2. Permitted Uses of the Roanoke County Zoning Ordinance only by Special Use Permit be amended to read and provide as follows: * *' *' *' (B).2. Adult Business· ",. I i~~" t * * * * 3. That Article IV Use and Design Standards, Section 30-85 of the Roanoke County Zoning Ordinance be amended to read and provide as follows: Sec. 30-85- Adult Business (A) General Standards: 1. Sexually explicit material shall not be displayed in the windows of adult businesses. Further, adult merchandise as defined in Chapter 13, Section 13-100, shall not be visible from any point outside the establishment. 2. Signs advertising the adult business and any attention-getting devises shall not display sexually explicit pictures or language. 3. All off-street parking areas of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways. Adequate lighting shall also be provided for all entrances and exists serving the adult business. 4. Adult businesses shall not employ any person under the age of 18. 5. Wide angle mirrors and/or video systems must be used to provide the manager with continuous monitoring of all areas of the establishment. 6. The owner or operate shall install. operate and maintain a security camera and video tape system designed by a security specialist which shall continuously monitor all exterior entrances and parking areas of the establishment. Such cameras shall provide clear imagery of the establishment's patrons and their 2 (-I vehicles. Tapes recording activities in the areas under surveillances shall be preserved for a period of 12 months. Authorized representatives of the police department or the Community development department shall have access to such tapes in accordance with applicable law. 7. No adult business shall be located within 300 feet of a public or private licensed day care center, educational facilities, primary/secondary. religious assembly, or R-1, R-2, R-3. R-4, PRD or R-MH Districts. * * * * 4. That this ordinance shall be in full force and effect from and after its passage. 3 RUG-19-200S 11:13 RKE CTY-COM DEV 5407722108 P.02/07 F-Q _ :r. ~ !..!. '[. _ .4t"~. ~- ~ ';;-- l'~_~ t..\ =~ ";.·r1....-:\~~ .... l. I ,~:..t. . . .....;¡:. --... ~4 .' ,'\.' ~~'rJ~ County of Roanoke Community Development Planuing & Zoning For Staff Use Onl Date rete ived~ 8-25-,2~ Received by: 540 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772·2068 FAX 776-7155 ApplicBtiOft r~: ,.. PClBlf- d~: Lj-O" ~- Oc..r I"'-l 2005 P1aCBrds issued: Case Number ,g - I 0 ALL APPUCANTS Check type of aJi1l{J i~at¡on filed (check all that apply) r) Rezoning '4 Specia1 Use 0 Variance o Waiver o Administrative Appeal C;~O-C\qq-~\\Co ~-Ç,,-~C;4~ ~O- ~~~J YJ..\~ Applicants name/address W/7jp Phone: \).:)\~, ~(" ð ~tA.~ L~ E>c::..0 w.,-~ ~l\...E' Work: b~\. \ P \ ~t,. ~ ~\L- \:)y . Cell #: ~O~ c:, M\,' \1 . ð-,*ó~5 Fax No.: S~~~~ Phone #: Work: Fax No, #: Owner's name/address w/zip Property Location \. ð¡ ð. ~~C5 \.>.::)c.., ""N. ~a~ {\'r<-., Maginerial District: - IT () ..J Community Planning area: Tax Map ND.: f.ø \ .\ ~ -C>ð-. - \0 Existing Zoning: c... - J- Size of parcel(s): Acres: \ . ~~ Existing Land Use:: ~ \ ?\ REZONING SPECIAL USE PERMlTAND WÅIVER.APPÚCANTS (R/SIW) Proposed Zoning: -.. Proposed Land Use: ).... ~ t), Does the parcel meet the minimum Jot area, width, an rontage requirements of the reque~1cd district? ~ No 0 IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum crittri~ for the requested Use Type.? y~ No n IF NO, A VARIANCE IS REQUIRED FIRST , _ If rezoning request, arç conditions being proffered with this request? Yes 0 No"O" . .... ~ VARIANCE, WAlYER AND A:DMINI,STItA 7'!~ A.PPÊALAPPLlc..ør$;{Y/W/AA) :. Variance/Waiver ofScction(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator·s decision to Appeal of J nterprctation of Sectian(s): Appeal of ]nterpretatlon Df Zoning Map to of the. Roanoke County Zoning Ordinance Is the application complete? Please check if çnclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RISfW V/AA 'R/SIW VIA A , RlSfW Vf^^ œ Consultatjon Eli 8 ]/2." X 11" concept phm ~ Application fee Applicaúon Metes and bounds dcsmption Proffers, ¡fapplicable Justification Water sewer ap liœtion Adjoining property O'WT1CJ'3 J hcreby certify that I am either the owner ()fthc property or owne S AS n r ~çt purchaser 8fid Pm actina with tho knowledge and consertl of the owner. Own~T'S Sj;natyn:: ~ p~~ t',,-fIµtA¡')'f 2 RUG-19-200S 11:13 RKE CTY-COM DEIJ 5407722108 P.03/07 f/~ . . JUsmlCA TION FOR REZONING, SPECIAL USE PE~~T 'OR WAIVER REQ~ST AppUcant ~\~....( Q,o'(~\-<..'6 ~n~J.A.~~~ \-\-~ The PJanning Conunission will study rezoning, special use permit or waÎver requests to delenninc: the need and justification for the change in tenns of public health, safety. and general welfare. P1ease answer the following questions as thoroughJy as pos.sible. Use additional space i f n~acC5sary. 1. Please explain how tbe request fDrtlten tbc purposes of the 'Rolnoke County OrdiDance as well as the purpose found at the beginning of the applicable ZODing district classifieatlon In tbe Zoning Ordinance. ~'- ~\ \\ \)..~L ~ ~~O ~ i \t> <?"V.:, \~ ,G.. ~ -S'\.o r~ "bu."\\.'{'f ~~ ~~,~c:,~,~ ~~a:- o~t~~{) ~ )fL", \"'-L-\~ S'\~'~~Y~0\\-t . ~~~""'"' ~lo 0 (" ~~\ ~ \__..".(..L ~~ ~ó·~\<- d--~ ~~ b'" \~ LO~~·..~ '?"'4~"'~~SL-S Lo~',S\~ ~~ (:'}..... ~ð~\~~ ~~ ~~~~\_J.,\J.-<..L \r-:>tM.\à (.O~,~ ~ a)ÇO~"'-~~~L.,\:~ ~ ~~t.L ~~~ <\~~T()'~':'~~~ \, ~ ~ S .~ \ C)~~O\~ S . z. Please explaiD bDw the proJee1 conforms to the general cuideliDes and policies contli-.ed iD the Roanoke County CommuDity PlaD. ~ ~~,()..~ rç.~~;,\\\'6 ~v...~ \l~~ ~~",\~~\..L. t\.~ -<-~"\'~\J1. ~ D ~\~ \ ~~CL ~~ ~~'L\~Lll.,\o ~()~~ ~,~ ~ ~ ~~~~Ñ~t.JS~~i~ · J:-t \.Ä~\ \'\~ .\.0~\L.. ~\ú...., ~ ~~\ O'N4L S--1"Orb.(f- .ç~¿\\:k . ~'b~\~~ ~\"'L..~ ~,\\ ~ '\-s.ç-tJ!~ ~ \~()~. \..)~"£l ~ \l\.~Q^^-.~\60.f' ~~\\ t..O~Of"-~~C-~~~~~~. J. Please describe the Impaet(s) oftbe request 011 the property Itself, the adjoiaing properties, aDd the $urrounding area, as weD 8S tbe Impacts 00 pubDc servlee.s aad fadlities, Îllcludlng water/sewer, roads, sebools, parks/recreation aod fire Rud rescue. ~ ~<.") r~~ CA5 ~ \J~ ~ LOo..~~~ ,-~,J$)~LN~ ,OS ~ c..~~ ~ 0, .~ ~f~~ <;~~(.~. \L..~4';) UJ"'\\, G\\\OW ~~ ~ «~~~ -Ç:o, ~~~~~ C-()~w.\.-. .~"'-UU; k~~~~.~, ðJ-\. ~~ ~~\ ~ t\~ \~'-'\. O~.~ ""~ X*~~ ~~~~ ~.~~ ~...)'~ ~<D: o~~ ~ .~~O'Ñ'~ ('''O~~~ \?I~\N-.(\x- ~~¿t<.dl ~\~(,~ ~ <\¿f'~\'" \-...bX,~ \~è) $ ~ O~ ~N . L,d- ~\~C ~\ ~'~~ ~. 3 AUG-19-2005 11:14 RKE CTV-COM DEU 5407722108 P.06/07 Community Development .1í-~f.. !:.,~"[~:, 1/', ",:~ :i~'% ~ L ,1,< ~ ~ . ~ :/y ",-rr-4 ~~ Planning & Zoning Division NOTICE TO APPLICANTS FOR REzONING, SUBDMSION WAIVER, PuBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION ApPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning sta-ff and/or an outside referral agency to adequate I)' 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 infonnation and provide written comments and suggestions to be included in a written memorandum by planning staff to the PJanning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFJC 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 Pennit 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 situatÎons that would nece$$itate further study is provided as pari afthis application package). This continuance shall allow sufficient tíme for all necessary reviewing parties to evaluate the required traffic anaJyses 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, Effective D~tr:: April 19,. Z005 \J"\~ ~~~~~~k~~~\~ LL~ - ... of Petition \~ AUG-19-200S 11:13 RKE CTY-COM DEV 5407722108 P.04/07 (~ ,. ço~.CEPT PLAN.~~~T . . A concept plan of the proposed project must be submitted with lhc application. The concepL plan shaH graphically depict the land use changct development or variance that is to be: considered. Further, the plan shall address any potcnt;al1and use or design issues arising from the request. In such cases invDlving rezonings, the a.ppl ¡cant may proffer co"ditions to lirnit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County pem1itting regulations. The concept plan should not be confused with the site pJan or plot plan tha.t is required prior to the issuance ofa building pennit. Site plan and building pennit procedures ensure compliance with State and County development r~gulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in 0 rezoning or imposed on a special use pennit or variance, the concept plan may be aJtered to the extent permitted by the zoning district and other regulations. A concept pJan is required wIth all rezoning, speciaJ use pennitl waÎver and variance applications. The plan shouJd be prepared by a professional sUo planner, The: level of detail may vary. depending on the nature of the request. The County Planning Division staff may cxcmptsome of the items or su~~est the addition of extra item!i~ but the following are considered minimum: ALL APPLICANTS '"'" -Ç c. ""' d. ~ e.. ~ f. "-...., g. ~h. "'~ L ~ j. a. AppJ ¡cant name and name of development b. Date, scaJe 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, floodplain, c1c~ 1'"hc zoning and land use of aU adjacent proþcrties A 11 property lincs and easements AU buildingst existing and proposed, and dimensions. floor area and heights Location.. widths and names of an existing or platted streets or other pubJ1c ways within or adjacent to the development DimensiDns and locations of aJ1 driveways, parking spaces and Joadlng spaces Additional informalion reqllÎredfor REZONING and SPECIAl. USE PERMIT APPLICANTS ~ k. 'Ç I. ~ m.. s: n. " '" o. ~ p. Existing uti1itjcs (water., sewer,. storm drains) and connections at the site Any drivCW'ays. entrances/exits, curb openings and çrossovc:rs Topography map in a suitable scale and contour intervaJs ApproxÎmate street grades and site distances at intersections Locations of all a-djacent tire hydrants Any proffered conditions at the site and how they are addressed If project is to be phased, please show phase schedule at all ilcms required in the checklist above are complete.. r 6 -I >- 0::: ::: ~ V) ~ Liì î t\ enlH 1~~ HI ."=E: !~; U ........... ~ .-... 8';: -!lj~ !i~ :~ __~§ ~:tl !: YINI9HI/\ 'Al.NnO:» 3>10N"OH NYld 3J.IS J.d3:>NO:» J.HnO:) NOIÐNIHSYM ~ t ; ...~ :~~ ~ ~; ~ . ~ ~.a .; ~ ~ "r ~ Ir~ ~tt ..- ~i I ~..., t .. ~ I ~ }! ~ ¡: ~ tj ·I~ ~ t ~ ;~; h;~ - ;::~ ;;~; ~~~ I:: f~Y::. ~ 0:: ~ 1i ~~~ _ ~I ~ ~~~g ti !t ¡- ~~ ~ ~." ~ I t~ ~ t! ~ i:; ~~ ~ ;~ § r~ ~ :;~ ! ~ . ~. 1 ;¡ ~-'~ ~ ~~ .. &:J :r:TJftQZ ¡Ç¡ 1JtJ 't 11"'¡ I ~ "LUJ '6(1 Ql,CI :2d "lSt JlTJ ':INI /'G "t"}iy ~ ,r.J lG.JI:I&J J "J-L~J'~ WJ I ~I:I I ~I ~ ~ ; ~ ~ ~ r I ¡:';~:jª ~ ~ ~ ~ ~ ~ ~ '6 :o31IDZ ~_ :2d 'l' Ð'Ct .U :JG 'la, "t)·o Or ~ ',6n Tlfl I JlfVH>OO7 ~ J..lJl:1Y J(} "'J.~.kfIOitId-----l-'- It-:...t;n~ 0"1 !S-.. E~ ~Ø> ~- C- O:::.- D::::! 1--- f-<...J I' ,-/ (1)'0::( + I It.. ~ C"-.J-.j -S ....., a-.::t ~ ~G ...{¡ oCt: Q~ a< Q:::~ Q.8 \w ~ ~ ~ ~ :5 ~ Q;¡ <;:) q¡ VI ~ ~ ~ ~ "'- .. ~ t'-t ~ S ~ a Oì It: {}¡ ~ Q: - ~ ~ ~ l~~~§ II, ~ J r ;~~ltlt¡; ~ "I; ~ ti~~~l ~ ~ -.:- ..., f.:¡ § ~ t~:'" ~ <;;I .§ ~ ~ ¡ ~ ~ o--.e- I~ l(b G ;.(Ð aJ EÞ . /'t- /'t- l D l j \- ~..---.....---'" h ----~--- II .DO "f.{. ¡ h ~ ~t N 'i~~11 ...... ..- · ~6 "~ ïg :t,. , ~~ 6 ~~'-' D i ~ (--~,~ ~ fç ..... ~ i ~ ~ ] foG>d.lcZ:· ;:J ;.c...;c;G 'f 501 ~,r.r.J . ?SJKI. J:J )Sn rm:~+tl n'l'liol UN J-n ·.::rønail(.)lS:iC S3!::1ru.:WIl:iL¡; IJ 2sr: m:: 3-U !CIJ IIQIJ ",'llIOjll ,J..!I'':''J3It1dQ¡d J!"r ~1III.,!!!ij 3S3!4.1 ~O OI J~ IICU .;;U."~~~I ....-...... ÇOOZ ·t Z 1.S roO.... tt)tS30 7-1 ffid3JNO:) ... ... N' !;)t/I II 'ND I Hfll ·..t .J1tl ---------------------- S31J.U3dOl:Jd !J3J.NIM ~O:J !(3,¿,Nn ""'OOl~~~D::> ~ ;iCJ U"..>IS:Ja ""'P'ruJ~:WO:J z o ~ ...J ~ w It ~ -< ~ ~ ~ ~;~·~~:;~·:~!:~a Š3ljnl~ñi¡iOs . f-~ z () ¡::: ~ ill ~ ~ ~ Q .. Ii :i. L ~ t- :0 r. ~ \!) ~ it ~ z () ~ ~ ~ _AG3 _EP - _ AGI AR .AV C1 .C2 _ C2CVOD 11 ~~2 .PCD PRD _ PTO ~ R1 R2 R3 R4 - Street Centerline9 . .- ~ - ~ , ~ - Applicants Name: Winter Properties Partnership Existing Zoning: C-2 Proposed Zoning: SUP Tax Map Number,' 61.15-02-10 Magisterial District: Vinton Area: 1.503 Acres August 29, 2005 Scale; 1 ";;;: 200' Roanoke County Department of Community Development County of Roanoke Community Development Planning & Zoning For Staff Use Onl F-3 Date received: ð -2/0 -Ó$ Received b : 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Application fee: " LiD . ~ PCIBZA date: - Oc.A- .y 'LeoS- Placards issued: BOS date: o c...+. "2 'S I 2. L'O'$ - . --. - '" --/at"Â!'PLjCANTS: ~ Check type of application filed (check aU that apply) o Rezoning ~Special Use 0 Variance o Waiver o Administrative Appeal Applicants name/address w/zip -7ñornFl5 q Jðhn50n 3(¡;J5~ "WND S-¡- $-W '-"DßNOK~ VJ9 õlJ..ÌtJ/9 Phone: Work: Cell #: Fax No.: qf(¡-~tJqð' '3g7-%~35 'S L/ - 3'J-I (c¡ 'f Owner's name/address w/zip "/h011117 5 Q. ,Jù /1AJ50/v 34:J$~ 73ÐA-JO ~ Property Location Lor 813 13LK J() SEC 3 WiVDJO/2 IVESt Phone #: Work: Fax No. #: Magisterial District WiNDsoR Tax Map No.: '7 ~.. ò g'- ~ - ¡;( F/Þ I Community Plarnllng area: W J ~ JJ'{) 1"(. 1+. rJ J Existing Zoning: ~lN¡;'L'; FfJfhlLV t?~5rr~n~ Size ofparcel(s): Acres: ,., t-/:3 Existing Land Use: i .. ,.. .... ". . , ' ..., . , - - -,' , . . - . - . ., ~ . REZON1~q~~~~çJ4L" tJ$E:~~RµÏ!;WjJu)f.A1V~l!-:4!'~f:Ì~A.lVtS(t!JS/WJ::;': -- Proposed Zoning: Proposed Land Use: c:.C1~sT HO"JS~ Fr.-'ll.. rPJ {£/v·ì$ Ac.rr"s!Þc ry A pc..r-f~" + I Does th1'parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes [Ý No 0 IF NO, A VARIANCE IS REQUIRED FIRST.; Does the parcel meet the minimum criteria for the requested Use Type? Yes No 0 IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes 0 No 0 "- . - -, ,.- - , ., , .. :,. - .... , .. , . --- , " .., --- , , ,..- - ,. '. .,-,..... ..-. . ,-, ." - , ,.. . .,. . ..,. " .. .. .,. VAJUANÇE, WAiVER:ANDÄD¥INISrM"TlVEAPP.ÊÂiAPPLIÇANTSrvlWíµ) ,"". . ::. Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: A ppeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): Appeal of Interpretation of Zoning Map to of the Roanoke County Zoning Ordinance Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S/W V I AA RJS/W V I AA RJS/W V I AA rn Consultation ~ 8 1/2rt x 11" concept plan Application fee Application Metes and bounds description Proffers, if applicab)e Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contr t purchaser and am acting with the knowledge and consent of the owner. Owner's Signature 2 -3 Applicant --r-nOf'VlAS Q. JðhnsoJ/ The Planning COlnmission 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 of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning ûrdinanceÞ .];AlìEN ì Is TD ßL-iJL.O A- 6¡'1è'S"/ ''''¡oqS'L OIV 11-([ PR-o P'ê.t2'i-¡" Far.. IVlj ¿LD£ílLj f!ViriV'7S {/1;lic NAJ'Z RfChV'ì'-j Sl'i-O 'tNí¡{2.. fJc)[YJ¡? '/If At-Aßl1r'Y'1/l. A¡vO M£ BAP-.R.b..nLJ '5:1'.4-1/Nt:. iN o (,It R- Îi- 0 "I ~ £. , 2Þ Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. ~_.JS"·mVle·r-,~;v Dr 6-v¡'2.5·' Þ'cwSL.. J'5 lVu·, !N)-2i'-Jt??O To fJ..,.Þ1m ..,... Ji 'i G £ ,.sÇ.p.~ L If (l P~dQ.ß Net. ð F ff( u PEIê 'ìj, 6~ 1.1 £ ~., I". iJ "" ':; t. '- e- 1"'\ ,. N 811 e It" ~ J) t1 S Lv c~ S-' í ,'Y) 1 L. all T () ß t. e:; It) 'S'm VI e I '-""1/ "- (}..,. - ^ ^ ç- f..f? í lYY1R~ I-(u L( ~. E, rrA , 8~/' 1'-' L. 5 I~ ~ ~ 3. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. 'þN 'ì'ì;N Î 'S fO (,1 S [ A-- fr:«ì\ ¡;~ ú p.. I?A e K j A./~ t> ì 0 eo ,tV '3 7'RVl. e'r 6<-1 ¿' ~ ., /~ c) iA S ~ I It N () I--IA II r:. M I .'\J I 11") ,1. L I M f ..4 e. ì To t1- f) 'Sv j AI /..v c.. f (? (;) ff.R 'r-J ~ SIr; Irf f :>7 N G' ..., S t:. ~ R./ 0 (,J £ '-'- ..u, (:.. S' V S ¡oJ () \#'1 L.- () N e"7 '7'v B l... S; f\J 6- ¿ l. S', Ú if 5 I c:./VI F I e.;~ þJ'ìLj AL ìS/l. '5 k:J L ,.ù ~ . VI '~JL ,'¡- IE 5 S ì.' e HAS POW£({.¡ w-f\ì£f2., S'ë-W£lL¡ f+tJD ~S (4/VQ PMfJ.'UL tvJI-L rV~£O Ì'o ß t. eo ¡J tJ cz. e "r£o "'c) C v1 £")·7 No~' s ~~.. 3 , " I (~ I "..JUSTIFI9A TION..·F()R.Y~Ii@éE. REQUEST.·· -rnDmA.5 [;) ,JOhn50n -- . ... ... - -",.. . Applicant The of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the fo Ilowing 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. 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. 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.. 4.. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. 4 F~ , .. . -. . - ., ..... - , "' ,- - - . -,. - ... -. .. .. - .,. ... ...... ... .Jl}STlfICA TIÖ·N_Fº~-AÞl\1íN~si:RATN_E.AP:pI::M' I(E:Q,' ,iJE, ,ST,:~ , - -. -" .. ......,. . .. -- ,. ... - -". -,.,. ... " - - , ,. Applicant -thOma5 Q~ ~ , JO/l n:5CJn Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper. 1. Reasons for appeal: 2. Evidence supporting claim: 5 CONCEPT PLAN CHECKLIST· f3 ...... >1 A concept plan of the proposed project must be subn1itted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to lunit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County pennitting 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 pennit. Site plan and building permit procedures ensure compliance with State and County development regulations and lnay require changes to the initial concept plan. Unless limìting conditions are proffered and accepted in a rewning 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 pennit, 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 folJowing are considered mÎnÎ1num: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map nUlnbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area an~ heights 1. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development J. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, stonn drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers ffi. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fITe hydrants p. Any proffered conditions at the site and how they are addressed q. Ifproject is to be phased, please show phase schedule Ilequired in the checklist above are complete. g 17-0~ IDe 6 Community Development .A~ .'¿,2 .. , ~ J " .. "i:- lSJ Ptanning & Zoning Division (3 POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMP ACT STUDY The following js a list of potentially high traffic-generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic-Generating Land Uses: · Single-family residential subdivisions, Multi-family residential units, or Apartments with more than 75 dwelling units · Restaurant (with or without drive-through windows) · Gas station/Convenience store/Car wash · Retail shop/Shopping center · Offices (including; fina ncial institutions, general, medical, etc,,) · Regional public facilities · Educational/Recreational facilities · Religious assemblies . Hotel/Motel · Golf cou rse · Hospital/Nursing home/Clinic · Industriat site/Factory · Day care center . Bank · Non-specific use requests Road Network Situations: · Development adjacent to/with access onto/within SOO-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 oJd and/or roadway conditions have changed significantly · When required to evaluate access issues · Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.) · Development in an area where there is a known existing traffic and/or safety problem · Development would potentially negatively impact existing/planned traffic signal(s) · Substantial departure from the Community Plan · Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fjfty (750) trips in an average day Effective date: April 19, 2005 9 "'--.- ------' -~~-----~~, 000[] o E····-·- ,/ ~ _ _ _ _ _ _ _ _ - - - r- - - - ------ ----- ( ¡ 1-. r___---------a ..... ..... .... , , .... - - - - - - - - - - - -..I ..-~" J I \ \ \ \ \ t í --~ r - - - - - - - - - - .. - - - - t I I I I I I I 1 I ) - - - - - -, .... , ... I I I I . , I I I , .... ¡ / '.t./ f-3 ;\ J- p' - - - - - - - - - - - - .. -'- - - .' , , / / / ." I I I I' I I - 11:04 TP?&S L. 0540 389 5757 U ~-.... uu \tJfò9~ ~~;; f-3 I I t O,J 0 ) ~~ 27 --- . 3656 ~ ~cy-- ,,'b 7 ,...> .;14 -to -> 6 ..90 o\ð 88 1~·13 ~ 81 .23 ". 16 l ~ ~ _AG3 _EP _AG1 AR _AV \ C1 _C2 _ C2CVOD a ~ r]12 _ PCD PRD .pm ~ R' R2 R3 i- R4 Street Cen lerNnes - Applicants Name: Thomas Q. Johnson Existing Zoníng: R-1 Proposed Zoning: SUP Tax Map Number: 76.08-02-28.01 Magisterial District: Windsor Hí/ls Area: 0.43 Acres August 30, 2005 1 inch equals 200 feet Roanoke County Department of Community Development ACTION NO. ITEM NO. G-J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2005 AGENDA ITEM: First reading of ordinance amending the Roanoke County Code by the addition of Article III. "Adult Businesses" to Chapter 13. "Offenses - Miscellaneous" SUBMITTED BY: Paul M. Mahoney Cou nty Attorney COUNTY ADMINISTRATOR'S COMMENTS: The County cannot prevent adult business uses. Therefore, we want to fit them in an area where they w\ill have the least impact on the surrounding community. SUMMARY OF INFORMATION: This ordinance will regulate the operation and location of adult businesses in Roanoke County. This proposal reguires amendment to two chapters of the Roanoke County Code - Chapter 13 and Chapter 30. It attempts to address the illegal secondary effects arising from certain lawful businesses: bookstores, video stores, motels, theaters, and nightclubs that provide adult entertainment. The illegal secondary effects are most often prostitution, drug dealing, sexual assaults and sexual offenses against minors. At the same time the Board must respect the limitations of the First Amendment to the U. S. Constitution. It is not the intent of these ordinances to restrict or regulate the content of communicative methods or materials. Government may only impose content neutral restrictions on speech, whether that "speech" is spoken, written or symbolic, and dancing has been deemed to be symbolic speech by the courts. The attached ordinance amends Chapter 13. Offenses - Miscellaneous by establishing a new Article III. Adult Businesses. This amendment creates a licensing mechanism based upon a series of definitions, a permit application and issuance of a permit by the Chief of Police. The permit application requires detailed information from persons operating an adult business. It establishes grounds for revocation of the permit; a procedure for appeals based upon a denial of an application or revocation of the permit; and provides for prompt judicial review. Finally it defines and prohibits "public indecency." G~I Incorporated in this ordinance is a lengthy series of "Findings" by the Board based upon available research summarizing the public health, safety and welfare concerns supporting the enactment of this legislation. These provisions are not designed to replace the existing criminal law provisions in Chapter 18.2 of the State Code. Rather they supplement these provisions and provide additional protections for the public. Attached to this report is a draft ordinance which has been reviewed by the Roanoke County Police Department and Commonwealth's Attorney. STAFF RECOMMENDATION: The first reading of this ordinance is scheduled for September 27, 2005. The second reading and public hearing on is scheduled for October 25, 2005. The ordinance amending Chapter 30 of the Roanoke County Code will be considered by the Board of Supervisors on the same dates, but at different times on this agenda. 2 /". .... \ lJ- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINSTRATION CENTER ON TUESDAY, SEPTEMBER 27,2005 ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY THE ADDITION OF ARTICLE III. "ADULT BUSINESSES" TO CHAPTER 13. "OFFENSES - MISCELLANEOUS WHEREAS, sexually-oriented businesses require special supervision from the public safety agencies of the County in order to protect and preserve the health, safety, morals and welfare of the patrons of such businesses as well as the citizens of the County; and WHEREAS, the Board of Supervisors finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the County which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens; and WHEREAS, licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation; and WHEREAS, there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and WHEREAS, it is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the qua,¡ty of life in the adjacent area; and WHEREAS, the Board desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, the County has determined that locational criteria found in the zoning ordinance, standing alone, do not adequately protect the health, safety, and general welfare of the people of this County; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance which addresses the secondary effects of sexually oriented businesses; and WHEREAS, it is not the intent of the Board to condone or legitimize the distribution of obscene material, and the Board recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state law enforcement officials to enforce 1 G-I state obscenity statutes against any such illegal activities in the County. (A) Purpose. It is the purpose of this ordinance to regulate sexually oriented businesses in order to promote the health. safety, morals. and general welfare of the citizens of the County, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the County. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material. (B) Findinas. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Board, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976). Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M., TDA flKandyland': 529 U.S. 277 (2000), and City of Los Angeles v. Alameda Books, Inc. 121 S. Ct. 1223 (2001) and on studies in other communities including, but not Jimited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin. Texas; Seattle. Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and also on findings from the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the Board finds: (1) Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises. (2) Certain employees of sexually oriented businesses defined in this ordinance as adult theatres and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments. (3) Sexual acts occur at sexually oriented businesses. (4) Offering and providing such space encourages such activities, which creates unhealthy conditions. (5) Persons frequent certain adult theatres. adult businesses. and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses. (6) At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis. gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections. (7) Since 1989 when the human immunodeficiency virus (H IV) became reportable, the number of reported cases of AIDS caused by HIV in the Commonwealth of 2 G- Virginia has increased from approximately 100 to approximately 800 in 2004. (8) Although the number of cases of syphilis and gonorrhea peaked in the Commonwealth of Virginia in 1990 the number of cases still remains high. (9) The number of cases chlamydia in the Commonwealth of Virginia have increased from approximately 6,000 in 1989 to over 19,000 in 2003. (10) The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn. (11) According to the best scientific evidence, AIDS and HIV infection, as wen as syphilis and gonorrhea, are principally transmitted by sexual acts. (12) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities. (13) The findings noted in paragraphs number 1 through 12 raise substantial governmental concerns. (14) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns. (15) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a ricensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the County. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein. (16) Requiring sufficient lighting on premises of adult businesses advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in and around such adult businesses. (17) Requiring licensees of sexually oriented businesses to keep information regarding current emproyees and certain past employees will help reduce the incidence of certain types of criminal behavior by faciritating the identification of potential witnesses or suspects and by preventing minors from working in such establishments. (18) The disclosure of certain information by those persons urtimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases. (19) It is desirable in the prevention of the spread of communicable diseases 3 ,.."~A,. &~ to obtain a limited amount of information regarding certain employees who may engage in the conduct which this ordinance is designed to prevent or who are likely to be witnesses to such activity. (20) The fact that an applicant for an adult use license has been convicted of a sexuany related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this ordinance. (21 ) The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases. (22) The general welfare, health, morals and safety of the citizens of the County will be promoted by the enactment of this ordinance. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a new Article III. "Adult Businesses" be, and hereby is, added to Chapter 13. "Offenses - Miscel1aneous" to read and provide as follows: Sec. 13-100. Definitions. Adult business means any adult bookstore, adult video store, adult model studio, adult motel, adult motel theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons. Adult entertainment means dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CD-ROMs, DVD-ROMs, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Adult merchandise means magazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CD-ROMS, DVD-ROMS, virtual reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; instruments, devices or paraphernalia either designed as representatives of human genital organs or female breasts, or designed or 4 G-J marketed primarily for use to stimulate human genital organs; or, lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices. Adult model studio means a commercial establishment, including a lingerie store or novelty store, in which a person performs or simulates specified sexual activities, exposes specified anatomical areas, or engages in other performances intended for the sexual stimulation or titillation of patrons. Adult motel means a motel, hotel, or similar commercial establishment that: (i) provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and advertises the availability of this sexually-oriented type of material by means of a sign visible from the public right-ot-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (ii) offers a sleeping room for rent for a time period of less than ten hours; or (iii) allows a tenant or occupant to sub rent the sleeping room tor a time period of less than ten hours. Adult movie theater means an enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, excluding movies that have been rated "G," IIPG," "PG-13," or UR" by the Motion Picture Association of America. Adult nightclub means a restaurant, bar, club, or similar establishment that regularly features adult entertainment. Adult store means an establishment having adult merchandise as a substantial or significant portion of its stock-in-trade. Employee means an individual working or performing services for any adult business, including any independent contractor who provides services on behalt of any adult business to the patrons of such business, whether or not the individual receives any remuneration, gratuity, or 5 G- tips of any kind, or pays the permittee or manager for the right to perform or entertain in the adult business. Live entertainment means entertainment provided in person including, but not limited to, musical performances, music played by disc jockeys, public speaking, dramatic performances, dancing, modeling, or comedy performances. Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means human genitals in a state of sexual stimulation or arousal; sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast, including masturbation. Sec. 13-101. Permit required from chief of police-Application; issuance; duration; renewal. (a) Every person either operating or desiring to operate an adult business, in addition to obtaining any required business license from the commissioner of the revenue, shall apply to the chief of police, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $500.00. (b) Information required on and with the permit application shall include, but not be limited to, the following: (1) The applicant's full name, age, sex, race, weight, height, hair and eye color, address, telephone number, date and place of birth and social security number. (2) Names and addresses of references. (3) Whether the applicant has been convicted of any felony or misdemeanor and, if so, the nature of the offense, when and where convicted and the penalty or punishment assessed. (4) Whether the applicant holds or has been held, in the name of this business or any other, any other permits under this ordinance or a similar adult use ordinance from another 6 b- -, I locality within the past five years, and, if 50, the names and locations of such other permitted businesses. (5) Whether the applicant has been denied a permit or has had a permit revoked under any statute or ordinance requiring a permit to operate an adult business and, if so, when and where the denial or revocation occurred. (6) Photograph and fingerprints of applicant. (7) Name, including any fictitious names, and address of the business for which a permit is sought. (8) A criminal records check of the applicant shall be provided by the applicant with the application, along with the applicant's written authorization to investigate whether the information provided by the applicant is true. (9) A description of the intended business activity and, if adult entertainment is to be performed, a detailed description of such entertainment. (10) Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct. (c) For a corporation, partnership or other legal entity, "applicant" includes each officer, director, partner or principal of the entity and the managers of the business. (d) The chief of police or his designee shall act on the apprication within 30 days of the filing of an application containing all of the information required by this section, unless information requested from other law enforcement agencies is not received within that 3D-day period, in which case the chief of police or his designee shall have an additional 30 days to act on the application. Upon the expiration of the application time period, unless the applicant requests and is granted a reasonable extension of time, the applicant may, at its option, begin operating the business for which the permit is sought, unless and until the chief of police or his designee notifies the applicant of a denial of the application and states the reasons for denial. (e) The applicant shall be issued a permit unless the county's investigation or the information furnished by the applicant shows any of the following: (1 ) The applicant has failed to provide information required by this article or has falsely answered a question. (2) The applicant has been convicted of a felony within the past five years. 7 G -I (3) The applicant has been convicted of a crime of moral turpitude or a crime involving the obscenity laws within the past three years. (4) The applicant has been denied a permit or has had a permit revoked within the past 12 months under any statute or ordinance requiring a permit to operate an adult business. (5) Failure of the applicantls business to comply with the county·s business license, zoning, building, plumbing, utility, health, electric or fire prevention codes, or with any other applicable county or state laws or regulations. (6) The application fee has not been paid. (f) If the application is denied, the chief of police or his designee shall notify the applicant of the denial and state the reasons for the denial. (g) The permit shall be valid for 12 months from the date thereof and may be renewed in the same manner as it was initially obtained. The application fee for a renewal permit shall be $100.00. No permit shall be transferable. (h) Any changes in the ownership or principals of the business entity to which the permit is issued or in the managers of the business will automatically make the permit void. Such changes shall be reported to the chief of police or his designee, and a new application may be submitted for review. Sec. 13-102. Same--Grounds for revocation. The chief of police or his designee may revoke any permit issued pursuant to this article for the following: (a) Fraud, misrepresentation or any false or misleading statement contained in the application. (b) Conviction of the permittee for any felony, crime involving moral turpitude, or crime involving the obscenity laws after the permit is issued. (c) The permittee or an employee of the permittee has knowingly allowed possession, use or sale of illegal controlled substances in or on the premises. 8 G-- (d) The permittee or an employee of the permittee has knowingly allowed prostitution on the premises. (e) The permittee has refused to allow an inspection of the adult business premises as authorized by this article. (f) On two or more occasions within a 12-month period, employees of the adult business at the time of the offenses committed an offense in or on the permitted premises for which a conviction has been obtained constituting: 1. Aiding, abetting or harboring a runaway child; 2. Prostitution or promotion of prostitution; 3. Exposing minors to harmful materials; 4. Dissemination of obscenity; 5. Sexual assault; or 6. Violation of section 13-111 of this Code. The fact that a conviction is being appealed shall have no effect on the revocation of the permit. (g) The permittee is convicted of violations regarding any taxes or fees related to the adult business. (h) The permittee has failed to operate or manage an adult business in a peaceful and law- abiding manner. (i) The permittee or an empfoyee of the permittee, except a permittee or employee of a permittee of an adult motel, has knowingly allowed any act of sexual intercourse, sodomYr oral copulation) masturbation, or other sexual activity to occur in or on the permitted premises. ü) The permittee has been operating an adult business not approved under the applicable permit. (k) The permittee has failed to comply with the provisions of this article. 9 ~~I (I) The permittee's business fails to comply with other applicable county or state laws or reg u lations. Sec. 13-103. Procedure upon denial of an application or revocation of a permit. (a) If the chief of police or his designee denies an application or revokes a permit, he shaH notify the applicant or permittee in writing of such action, the reasons therefor, and the right to request a hearing. To receive a hearing, the applicant or permittee must make a written hearing request which must be received by the chief of police or his designee within ten days of the date of the notice of denial or revocation. If a timely hearing request is not received by the chief of police or his designee. the decision of the chief of police or his designee shall be final. If a hearing is properly requested, it shall be held within ten days from receipt of the hearing request. The hearing shall be presided over by the chief of police or his designee. The applicant or permittee shall have the right to present evidence and argument or to have counsel do so. Within five days of the hearing, the chief of police or his designee shall render his decision which shall be final. A permittee must discontinue operation of its business when the decision to revoke the permit becomes final. (b) When an imminent threat of substantial harm to public health or safety requires such action, the chief of pOlice or his designee may immediately revoke a permit issued under this article by so stating in a written notice to the permittee. When action is taken pursuant to this subsection, the permittee shall immediately discontinue operation of its business, but shall have the right to a hearing as stated in subsection (a). Sec. 13-104. Availability of prompt judicial review. After denial of an initial or renewal application or after revocation of a permit by the chief of police or his designee, the applicant or permittee may seek prompt judicial review of such administrative action in the circuit court of the county. Any such request for judicial review shall be filed within 30 days of when the administrative action becomes final. The county will facilitate the applicantls obtaining prompt review. 10 G-I Sec. 13-105. Inspection. (a) In addition to any existing legal authority, representatives of county departments shall have the authority to inspect an adult business for the purpose of determining compliance with the provisions of this article. (b) The provisions of subsection (a) of this section shall not apply to sleeping rooms of an adult motel which are currently being rented by a customer. Sec. 13-106. Regulations pertaining to adult businesses providing adult entertainment. (a) For purposes of this section, adult entertainment is defined as dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons.. (b) No person shall provide adult entertainment for patrons of an adult business except upon a stage located in an area open to aU patrons of the business. The stage shall be at least 18 inches above the level of the floor and separated by a distance of at least three feet from the nearest area occupied by patrons. No patron shall be permitted within three feet of the stage while the stage is occupied by an entertainer. (c) The adult business shall provide separate dressing room facilities for female and male entertainers which shall not be occupied or used in any way by anyone other than them. (d) The adult business shall provide entertainers access between the stage and the dressing rooms which is completely separated from the patrons. If separate access is not physically feasible, the establishment shall provide a walk aisle at least four feet wide for entertainers between the dressing room area and the stage with a railing. fence or other barrier separating the patrons and the entertainers which prevents any physical contact between patrons and enterta iners. 11 C;-I (e) No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while in or on the premises of the adult business. (f) No patron shall directly payor give any gratuity to any entertainer. A patron who wishes to payor give a gratuity to an entertainer shall place the gratuity in a container that is at all times located separately from the entertainers for the purpose of preventing any physical contact between a patron and an entertainer. No entertainer shall solicit any gratuity from any patron~ (g) Patrons must be at least 18 years of age. (h) No operator or manager of an adult business shall cause or allow an entertainer to contract to or engage in any entertainment such as a "couch,'· a Ustraddle," or "Iaptl dance with a patron while in or on the premises of an adult business. No entertainer shall contract to or engage in a "couch," "straddle," or IIlap" dance with a patron while in or on the establishment premises. For purposes of this subsection, "couch," IIstraddle," or IIlap" dance is defined as an employee of the establishment intentionally touching any patron while engaged in any specified sexual activity or other activity intended for the sexual stimulation or titillation of patrons, or the exposure of any specified anatomical area. (i) This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess, or bartender, comes within three feet of a patron~ No employee shall engage in any specified sexual activity or other activity intended for the sexual stimulation or titiUation of patrons, or expose any specified anatomical area while acting as a waiter, waitress, host, hostess, or bartender. Sec. 13-107. Regulations pertaining to adult motels. (a) Evidence that a sleeping room in a hotel. motel or similar commercial establishment has been rented and vacated two or more times in less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in section 13-100 of this Code. (b) No person who is in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have an adult business permit shall rent or subrent a sleeping room 12 G-J to a personþ and within ten hours from the time the room is rented, rent or subrent the same sleeping room again. (c) For purposes of subsection (b) of this section, the terms rent or subrent mean the act of permitting a room to be occupied for any form of consideration. Sec. 13-108. Transfer of permit prohibited. (a) A permittee shall not operate an adult business at any place other than at the address designated in the approved permit. (b) A permittee shall not transfer its permit to another person. Sec. 13-109. Public indecency. Nothing in this article shall be construed to permit any conduct which violates section 13-111 of this Code. Sec. 13-110. Violations. Except as permitted in section 13-101 (d), operation of an adult business without a permit is prohibited. Violations of this article shan be unlawful and subject to the provisions of section 1- 10 of this Code. Sec. 13-111. Public indecency prohibited. (a) For purposes of this section nudity shall mean: (1) Having the pubic region or genitals covered less than completely and opaquely; (2) Having less than the majority of each buttock completely and opaquery covered; or (3) Having any portion of the nipple or areola of the female breast or that portion of the female breast distal to and below any part of the areola covered less than completely and opaquely. 13 G-I (b) Every person who knowingly, voluntarily and intentionally appears in a state of nudity in public or in a public place or in a place open to the public or to public view, or in an establishment which offers memberships to the public, or who employs, encourages or procures another so to appear, shall be guilty of a class 1 misdemeanor. (c) Every person who knowingly, voluntarily and intentionally engages in specified sexual activities in public or in a public place or in a place open to the public or to public view, or in an establishment which offers memberships to the public) or who employs, encourages or procures another so to engage, shall be guilty of a class 1 misdemeanor. (d) For purposes of this section specified sexual activities shall mean: showing human genitals in a state of sexual stimulation or arousal; real or simulated acts of human masturbation, sexual intercourse, sodomy or flagellation; fondling, caressing or other erotic touching of one's own or another's genitals, pubic region, buttocks or female breast; or showing the covered male genitals in a discernibly turgid state. (e) Nothing contained in this section shall be construed to apply to the presentation of any play, ballet, drama, tableau, production or motion picture in any theater, concert hall, school, college, museum of fine arts or other similar establishment which is primarily devoted to such presentations as a form of expression of opinion, communication, speech, ideas, information, art or drama. No person shall be in violation of this section for breast feeding a child in any public place or any places where others are present. 2. That this ordinance shall be in full force and effect from and after its passage. 14 ACTION NO. ITEM NO. G-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2005 AGENDA ITEM: First reading of an ordinance authorizing the exercise of an option and the acquisition of certain real estate from John T. Parker consisting of approximately 6.28 acres for future County use, Windsor Hills Magisterial District SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Elmer C. Hodge ~ #+ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~ SUMMARY OF INFORMATION: On July 12, 2005, the Board approved entering into an option to purchase a 6.28 acre parcel of land, Tax Parcel 67.18-1-14, owned by John Parker. This property adjoins the Oak Grove School property and the park area maintained by the County Parks & Recreation department. As part of the due diligence on the property, staff contracted for a Phase One Environmental Site Assessment and a Title Exam on the property. We have now received these documents, and they do not indicate any problems with the site. This is one of the sites that the Board is considering for the new South County library. It also has potential for other County uses, such as Parks & Recreation. FISCAL IMPACT: The purchase price of the land is $275,000. The option price of $5,000 will be applied to the purchase price. Funds have already been appropriated and are available in the Capital Fund. G-~ STAFF RECOMMENDATION: Staff recommends approving the first reading of the attached ordinance authorizing the purchase of land with funds available in the Capital Fund. The second reading of this item will be held on October 11, 2005. G-;;( AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 27,2005 ORDINANCE AUTHORIZING THE EXERCISE OF AN OPTION AND THE ACQUISITION OF CERTAIN REAL ESTATE FROM JOHN T. PARKER CONSISTING OF APPROXIMATELY 6.28 ACRES (TAX MAP NO. 67.18-1-14) FOR FUTURE COUNTY USE, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, by Action No. A-071205-1 the Board of Supervisors approved the execution of an Option to Purchase a 6.28 acre tract of land (Tax Map No. 67.18-1- 14) adjoining Oak Grove Elementary Schoof property from John T. Parker for future County use for the price of $275,000; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was heJd on September 27,2005, and the second reading and public hearing was held on October 11, 2005. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the exercise of an option dated June 15, 2005 for the purchase of 6.28 acres of real estate (Tax Map No. 67.18-1-14) located off Grandin Road Extension and Hathaway Drive owned by John T. Parker for the sum of Two Hundred Seventy-five Thousand Dollars ($275,000) is hereby authorized and approved. 2. That the Board does hereby ratify, confirm, and approve the County Administrator's execution of a option to acquire this property on behalf of the County. 3. That funds were previously appropriated into the Library Capital Account to pay all the costs of this acquisition. G-~ 4. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. 2 ACTION NO. It -2> ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27,2005 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge (II County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) The four-year term of David M. Shelton, Jr. expired on September 23, 2005. Mr. Shelton has advised the Clerk's Office that he would be willing to serve an additional term and confirmation of his appointment has been added to the consent agenda for this meeting. The four-year term of Ralph Henry will expire on October 28, 2005. 2. Capital Improvement Program (CIP) Review Committee (Appointed by District) The following one-year terms expired on August 31,2005: Pam Berberich, Cave Spring District; Barbara Bushnell, Windsor Hills District; and Mike Roop, Vinton District. 3. Grievance Panel The three-year term of Cecil Hill expired on September 24, 2005. King Harvey who was an alternate on this committee has been contacted and agreed to move to a full member position to replace Mr. Hill. Confirmation of this appointment has been placed on the consent agenda for this meeting. Mr. Harvey's appointment creates a vacancy for an alternate member for a three year term which will expire on October 28, 2006. Joe Sgroi, Director of Human Resources, has been asked to provide nominees for this alternate position. # 0( - <? AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27,2005 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 September 27, 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 8, inclusive, as follows: 1. Approval of minutes -August 23 and September 13, 2005 2. Confirmation of appointments to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) and Grievance Panel 3. Request from the Library to accept and appropriate two literacy grants totaling $2,500 from the Wal-Mart Foundation 4. Request from the schools to appropriate $9,250 for construction of the Arnold R. Burton Modular Home Pavilion 5. Request from the schools to appropriate dual enrollment revenues in the amount of $610.64 6. Request from the Community Development Department to accept and appropriate grant funds in the amount of $10,000 from the Department of Forestry 7. Request from Fire and Rescue Department to accept and appropriate grant funds in the total amount of $74,339 from the Virginia Department of Health 8. Request from the Police Department to accept and appropriate grant funds in the total amount of $92,192 1 s,~ 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. 2 ACTION NO. ITEM NO. J"-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27,2005 AGENDA ITEM: Confirmation of appointments to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) and Grievance Panel SUBMITTED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge ê f1 County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) At the September 13, 2005, Board meeting, Supervisor Flora requested that the Clerk contact Mr. David M. Shelton, Jr. to determine if he was willing to serve an additional four-year term which would expire on September 23,2009. Mr. Shelton advised that he would like to serve an additional term and confirmation of his appointment has been placed on the consent agenda. 2. Grievance Panel At the September 13, 2005, Board meeting, the Clerk was directed to contact the Director of Human Resources to request a nominee for this vacancy. Mr. King Harvey who currently serves as an alternate on this panel has agreed to move to a full member position for a three-year term which will expire on September 24, 2008. Confirmation of this appointment has been placed on the consent agenda. 3-~ STAFF RECOMMENDATION: It is recommended that the above confirmation of appointments to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) and Grievance Panel be confirmed. 2 ACTION NO. ITEM NO. ~?> AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2005 AGENDA ITEM: Request from the Library to accept and appropriate two literacy grants totaling $2,500 from the Wal-Mart Foundation SUBMITTED BY: Diana L. Rosapepe Director of Library Services Elmer C. Hodge £ It County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Public Library has received two grants from the Wal-Mart Foundation to be used for activities which support and promote literacy. Associates from the Wal-Mart Store #1301 on Franklin Road, sponsored the Headquarters/419 Library's application to the Foundation and were instrumental in the Library receiving a grant of $1 ,500. On the recommendation of Wal-Mart Store #3243 on Rte. 460, the Vinton Library also received a literacy grant of $1 ,000. If accepted and appropriated by the Board, the funds wiH be used for special programs and materials to help children and young adults improve their reading proficiency. FISCAL IMPACT: No additional funding is required. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the grants in the amount of $2,500. ACTION NO. ITEM NO. }" If AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2005 AGENDA ITEM: Request from schools to appropriate $9,250 for construction of the Arnold R. Burton Modular Home Pavilion SUBMITTED BY: Richard C. Flora Director of Operations Elmer C. Hodge é¡( County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 2002, the A.R. Burton Technical Center (ARBTC) proposed the construction of a metal building to accommodate their modular home program. ARBTC had $17,958 in appropriated funds for the construction of this project. In April 2005, the School Board appropriated an additional $2,000 and in May 2005, the School Board added an additional $7,262 to the project. The total of these funds plus the donations from both the Education Foundation in the amount of $5,750 and the Professional Construction Estimators Association in the amount of $3,500 totals the construction contract for the metal building in the amount of $36,470. We are now requesting that the funds in the amount of $9,250 be appropriated for the construction of the ARBTC modular home pavilion. FISCAL IMPACT: The construction budget will be increased by $9,250. AL TERNATIVES: None. ~ \,/ '~ ..- ,{ STAFF RECOMMENDATION: Staff recommended that the funds in the amount of $5,750 from the Education Foundation and $3,500 from the Professional Construction Estimators Association totaling $9,250 be appropriated to the construction budget for the modular home pavilion. 2 ACTION NO. ITEM NO. 3--b AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2005 AGENDA ITEM: Request from schools to appropriate dual enrollment revenues in the amount of $610.64 SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent Elmer C. Hodge êl1 County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools and Virginia Western Community College have an agreement whereby the college provides college level courses in English, US History, and certain vocational subjects. The courses are taught by Roanoke County teachers who meet the college's criteria for adjunct professors. Monies that have been collected exceed the expenses. Roanoke County Schools added students to the Dual Enrollment count for second semester. VWCC reimbursed the school system $610.64 for services rendered. FISCAL IMPACT: The instructional budget will be increased by $610.64. AL TERNATIVES: None. STAFF RECOMMENDATION: Staff recommended that the reimbursement of $610.64 by VWCC be appropriated to the instructional program. ACTION NO. ITEM NO. J-Io AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2005 Request from the Community Development Department to accept and appropriate grant funds in the amount of $10,000 from the Department of Forestry AGENDA ITEM: SUBMITTED BY: George W. Simpson, III, P.E. Assistant Director of Community Development Elmer C. Hodge ê 11 County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Community Development Department applied for and received a grant from the Department of Forestry in the amount of $1 0,000 for stream restoration and construction of an urban bio-filter for the Hidden Valley High School Regional Stormwater Facility. The goal of this project, in addition to the improvement of stormwater quality, is to increase the public awareness of water quality issues and to demonstrate Roanoke County's commitment to protecting water quality in our streams and rivers. FISCAL IMPACT: No additional appropriation of funds is required. AL TERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the Department of Forestry grant in the amount of $1 OtOOO. ACTION NO. ITEM NO. S~f1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2005 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate grant funds in the total amount of $74,339 from the Virginia Department of Health SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief APPROVED BY: Elmer C. Hodge, Jr. £/-J County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following four grants have been awarded to the Roanoke County Fire and Rescue Department from the Virginia Department of Health, Office of Emergency Medical Services: · A partial purchasing grant (Grant #WVC01/06-05) totaling $13,000 to replace two cardiac monitors. The department has budgeted funds for the remainder of the purchase cost. · A partial purchasing grant (Grant #WVC01/06-05) in the amount of $11,250 to replace 15 Automatic External Defibrillators (AED). The department has budgeted funds for the remainder of the purchase cost. · A partial matching grant (Grant #WVC01 106-05) totaling $43,000 for the purchase of an ambulance. The new ambulance wiU provide a new service in the Back Creek area. The department has budgeted funds for the matching portion of the purchase cost the state requires for the grant. · A partial purchasing grant (Grant #WVC01/12-04) totaling $7,089 to replace a cardiac monitor. The department has budgeted funds for the remainder of the purchase cost. · 5-7 STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of grant funds in the amount of $74,339 to the Fire and Rescue Department's budget, as detailed above. 2 ACTION NO. ITEM NO. 3-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27,2005 AGENDA ITEM: Request from the Police Department to accept and appropriate grant funds in the amount of $92,192 SUBMITTED BY: James R. Lavinder Chief of Police Elmer C. Hodge, Jr. {;./~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following six grants have been awarded to the Roanoke County Police Department: · Grant from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in the amount of $35,022 to expand the computer crime unit, train more officers in crisis intervention, and allow a more flexible response in addressing crime in the community. The grant does not require any matching funds and ends on September 30, 2008. · Grant from the Department of Criminal Justice Services in the amount of $46.670 to implement crime analysis and data sharing between the County and Roanoke City Police Departments. The grant will require a cash match of $15,557, which will be paid from existing departmental funds. The grant ends June 30, 2006. · Mini-grant from the Division of Motor Vehicfes in the amount of $3.000 to support the Police Department's efforts in reducing speeding by the purchase of a Stealthstat radar device. Matching funds in the amount of $815 are needed for this grant and are available in the Police Department budget. J-~ · Mini-grant from the Division of Motor Vehicles in the amount of $3,000 to support the "Daily Watch" program. These funds will pay officers overtime to conduct early morning safety check points in residential neighborhoods and near area high schools to enforce occupant protection in Roanoke County. No matching funds are required. After reviewing this program, DMV awarded additional money to fund the County's efforts. · Mini-grant from the Division of Motor Vehicles in the amount of $1 ,500 to support the efforts in reducing drivers operating motor vehicles while under the influence of alcohol. These funds will pay officers overtime to conduct DUI check points in Roanoke County. No matching funds are required. · Mini-grant from the Division of Motor Vehicles in the amount of $1 ,500 which will be used to purchase small equipment for conducting traffic DUI check points and vehicle safety check points. Equipment purchased will include traffic cones, flashlights and warning devices. No matching funds are needed. · Mini-grant from the Division of Motor Vehicles in the amount of $1 ,500 to support working with the Blue Ridge Crash Investigation Team. The funds will be used to purchase small equipment that will be used to conduct traffic investigations. No matching funds are required. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of grant funds in the amount of $92,192 to the Police Department budget, as detailed above. 2 ACTION NO. ITEM NO. ~ - \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2005 AGENDA ITEM: Request to schedule a work session on October 11 t 2005, to review the Bikeway Plan for the Roanoke Valley Area MPO SUBMITTED BY: Anthony Ford, P.E. Transportation Engineering Manager Elmer C. Hodge ê /f County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The work session wiU be an opportunity for staff of the Roanoke Valley-Alleghany Regional Commission (RV ARC) and Roanoke County to review the update to the 1997 Bikeway Plan for the Roanoke Valley. The new plan, titled Bikeway Plan for the Roanoke Valley Area MPO, was developed with input from other local governments and interested citizens. The Bikeway Plan for the Roanoke Valley Area MPO represents a coordinated effort by the Roanoke Valley Area MPO ånd local jurisdictions to facilitate development of a regional transportation network that accommodates and encourages bicycling as an alternative mode of travel and as a popular form of recreation in the MPO study area. The Bikeway Plan for the Roanoke Valley Area MPO provides a coordinated and strategic approach to the development of a regional bicycling network that provides greater connectivity between activity centers and cultural resources such as greenways, public areas, downtown areas, commercial centers, employment concentrations, educational institutions, transit facilities, scenic corridors, and other points of interest in the MPO study area. The regional network outlined in this plan will also facilitate inter-jurisdictional connectivity between localities. 1 J(-J The Bikeway Plan should also facilitate the long-range transportation planning process and the allocation of limited funding for bicycle and pedestrian improvements. This plan should be used in concert with local, regional, state, and national plans and/or policies including the VDOT Policy for Integrating Bicycle and Pedestrian Accommodations and the VTrans2025 Statewide Bicycle and Pedestrian Plan, as well as continued public involvement in the transportation planning process. 2 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 September 27,2005 12,158,285 N-' % of General Fund Revenues 7.57% 7.79°Æ> 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 Approved By Elmer C. Hodge County Administrator 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 $5,268,848.06 7/26/2005 Appropriation for construction of new school warehouse (117,000.00) 8/23/2005 Appropriation for vehicle and equipment for Animal Control (85,540.00) Officers approved in the Police Department Balance at September 27, 2005 $5,066,308.06 $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 September 27, 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 August9,2005 Appropriation for Legislative Liaison ($15,000.00) September 13, 2005 Appropriation for donation to American Red Cross ($10,000.00) for assistance with Hurrican Katrina Balance at September 27, 2005 $75,000.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge 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 September 27,2005 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 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: September 27, 2005 AGENDA ITEM: Accounts Paid-August 2005 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ $ $ 4,145,157.71 Payroll 7/1/2005 852,889.35 151,237.58 1 ,004,126.93 Payroll 7/15/2005 845,703.63 138,941.15 984,644.78 Manual Checks 2,222.92 2,222.92 Voids Grand Total $ 6,136,152.34 A detaHed listing of the payments is on file with the Clerk to the Board of Supervisors. -, L N-lo G.I .c '- 0 \0 V) r--- V) 00 \C -.::t 0 0\ V) = 0\ ('-. 0 \0 -.::t V) = 0 0 \0 ('-. M 00 -.::t M "'; 'C ë Q tI V) V) M "I!!J" 00 V) C:J'I 0 00 00 0 C:J'I 0\ <'! ~ \0 00 ar¡ ~ ~ 0\ ('-. ~ ~ 0\ \C Q c = ?!- 1)[1 ~ \Ö ~ ~ rr1 \Ö ~ OÓ \Ô -.i \Ö ...0 :! 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SUMMARY OF INFORMATION: CERTIFICATE OF DEPOSITS: SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 100,000.00 COMMERCIAL PAPER SUNTRUST CAP 0.00 0.00 GOVERNMENT: ALEXANDER KEY FED SUNTRUST SUNTRUST-CAP 56,434,973.25 8,486,897.00 0.00 64,921.870.25 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 13.426,513.94 13,426,513.94 MONEY MARKET: ALEXANDER KEY FED ALEXANDER KEY - Sub Acct BRANCH BANKING & TRUST SUNTRUST SUNTRUST-CAP SUNTRUST - SWEEP WACHOVIA 18,063.475.76 55.36 2,000,000.00 5t038,145.62 0.00 2,393,576.20 2.365,124.51 29,860,377.45 TOTAL 108,308,761.64 09/08/05 N-B PUBLIC SAFETY CENTER BUILDING PROJECT BUDGET REPORT COUNTY OF ROANOKE, VIRGINIA Northrop-Grumman Date Description Contract Amount Contingency 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) - 06/1 0/05 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) 07/27/05 Progress Payment #7 (445,669) 08/10/05 Progress Payment #8 (759,513) 08/23/05 Change Order (005) - Sewer Line Replacem~ 124,407 (124,407) Balance at September 9, 2005 $ 21,422,585 $ 367,804 * The funds to be used for change order #002 were taken from departmental E911 funds. Submitted By, Dan O'Donnell Assistant County Administrator Approved By, Elmer C. Hodge County Administrator N-~ PUBLIC SAFETY CENTER BUILDING PROJECT CHANGE ORDER REPORT COUNTY OF ROANOKE, VIRGINIA :;hange 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 319,034 005 August 23, 2005 Replace the sanitary sewer line 124,407 Total as of September 9, 2005 $ 466,954 Submitted By, Dan O'Donnell Assistant County Administrator Approved By, Elmer C. Hodge County Administrator -0 \ 2- o z E Q) == 1:= o Q. CD 0::: en .... en o (..) ~ -c ::::J .... U'J LO o o N ~ N '- Q) ..eN E 0 2T"" a.(l) Q) 0) en&. 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P-l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2005 AGENDA ITEM: Work session to discuss the following issues related to the Western Virginia Regional Jail Authority (WVRJA): (a) Interim financing (b) Draft service agreement SUBMITTED BY: John M. Chambliss, Jr. Assistant County Administrator Elmer C. Hodge ~ ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: Because of the schedule for construction of the new jail, several Board actions will be necessary in September and October. We are bringing the following two items to the Board at this time: (1) interim financing: short-term interim financing is needed in order to maintain the schedule for construction until the Authority is able to complete their financing package; and (2) service agreement: this document outlines the terms and conditions under which localities contract with the Authority. Both of the above items will be presented for discussion in work session tonight. Following the work session, the Board will be asked to take action regarding the interim financing. A request to approve the service agreement will be presented to the Board at the October 11 meeting. SUMMARY OF INFORMATION: This time has been set aside to discuss the draft service agreement which must be approved by the WVRJA and each of the member localities. The attached draft service agreement describes the following: · Formation of the WVRJA · How the Authority will build, own, and operate the regional jail facility · Financing of the facility · Budgeting information · Membership in the Authority, including the addition of new members to the Authority or 1 p~ I the withdrawal of a member from the Authority . General operating items The member localities have had input into the development of this document and the language now includes the suggestions from the financial advisor and bond counsel to provide the safeguards required by the bondholders or investors who will finance the facility. The Authority is in the process of finalizing the documentation needed to obtain the interim financing in the amount of $10 million to cover the cost of the architectural and engineering services to prepare the construction documents, land acquisition, testing. and earry site development. One of the major documents which must be approved by both the Authority and each of the member localities is the service agreement. The Authority intends to adopt the document at their October 6 meeting and the localities are being asked to adopt it during October so that the temporary financing may be completed by the end of October. Staff will be prepared to discuss the issues of this document and present the schedule of events during the work session. The draft service agreement is attached for your review. 2 p-} DRAFT Revised 09/20/05 SERVICE AGREEMENT THIS SERVICE AGREEMENT (the "AGREEMENT") is made as of October 1,2005, by and among the WESTERN VIRGINIA REGIONAL JAIL AUTHORITY (the "Authority"), the COUNTY OF FRANKLIN,VIRGINIA, the COUNTY OF MONTGOMERY, VIRGINIA, the COUNTY OF ROANOKE, VIRGINIA and the CITY OF SALEM, VIRGINIA, each of which is a political subdivision of the Commonwealth of Virginia (collectively the "Member J urisdicti ons"). RECIT ALS WHEREAS, the Authority was created by certain Member Jurisdictions for the purpose of developing and operating a regional jail; WHEREAS, the Authority has developed plans and specifications for the construction and equipping of the regional jail which plans and specifications are acceptable to the Member Jurisdictions; WHEREAS, the Authority and the Member Jurisdictions desire to proceed with the development and construction of the regional jail. THEREFORE, the parties agree as follows: ARTICLE I Definitions The capitalized terms in this Agreement have the meanings set forth below unless the context otherwise requires. "Annual Budget" has the meaning given to such tenn in Section 4.7. "Annual Operating Cost" has the meaning given to such tenn in Section 5.2(B). "Applicable Laws" means all applicable laws, ordinances, judgments, decrees, injunctions, writs and orders of any court, arbitrator or governmental agency or authority and all 1 f-I DRAFT Revised 09/20/05 rules, regulations, orders, interpretations, licenses and permits of any federal, state, county, municipal, regional, foreign or other governmental body, instrumentality, agency or authority. "Authority" means the Western Virginia Regional Jail Authority. "Authority Default" has the meaning given to such term in Section 9.1. "Bonds" means revenue bonds issued by the Authority for the design, construction and other costs of the Regional Jail. "Capital Factor" means that portion of the Per Diem Charge that equals, in the aggregate for each Fiscal Year, the debt service on the Authority's Obligations for such year, plus the amount necessary during such period to fund or replenish any debt service reserve funds therefor. "Capital Reserve Fund" means the reserve fund established in Section 5.6(C). "Commonwealth" means the Commonwealth of Virginia. "Fiscal Year" means the annual accounting period from July 1 of one year to June 30 of the following year. "Member Jurisdictions" means the County of Franklin, Virginia, the County of Montgomery, Virginia, the County of Roanoke, Virginia and the City of Salem, Virginia, each a political subdivision of the Commonwealth, and each other political subdivision joining the Authority but excluding any political subdivision that may have withdrawn from the Authority, as provided in Section 6.7. "Member Jurisdiction Default" has the meaning given to such tenn in Section 9.2. "Net Operating Cost" has the meaning given to such tenn in Section 5.2(B). "Notes" means short~tenn obligations issued by the Authority, including notes issued in anticipation of the receipt of revenue or proceeds of long-term obligations. "Obligations" means the Notes, Bonds or other indebtedness issued by the Authority. "Operating Cost Factor" means that portion of the Per Diem Cost that reflects Net Operating Cost of the Authority, for each Fiscal Year as set forth in the Annual Budget. 2 p" r DRAFT Revised 09/20/05 "Operating Reserve Fund" means the reserve fund established in Section 5.6(B). "Per Diem Cost" means the charge to Member Jurisdictions for each Prisoner held in the Regional Jail as set forth in Section 5.2 consisting of a "Capital Factor" and an "Operating Cost Factor. " "Placed in Service" means the first day on which the Regional Jail has been certified by the appropriate authority of the Commonwealth to accept Prisoners. "Prisoner(s)" has the meaning given to such term in Section 4.1. "Virginia CodeH means the Code of Virginia of 1950, as amended, or successor provisions of law. ARTICLE II Creation of Authority Section 2.1 Regional Jail Authority. The Member Jurisdictions hereby establish a regional jail authority pursuant to Section 53.1-95.2 et seq. of the Virginia Code. The name of the Authority shall be the WESTERN VIRGINIA REGIONAL JAIL AUTHORITY (the "Authority"). The principal office of the Authority shall be at the Regional Jail at which the office of the Superintendent of the Authority is located or in such other place as the Authority may designate. Section 2.2 Board. The powers of the Authority shall be exercised by a Board (the "Board") consisting of three representatives from each of the Member Jurisdictions in accordance with Section 53.1-106 of the Virginia Code. One member shall be the sheriff of each Member Jurisdiction; one member shall be the chief appointed official of each of the Member Jurisdictions; and one member shall be a member of the governing body of each Member Jurisdiction. The representative of the governing body shall serve for a term of one year. Beginning with the date of the formation of the Authority and expiring on December 31. Elected members of the governing body may serve more than one consecutive term. Alternates may be appointed 3 p~/ DRAFT Revised 09/20/05 by the governing body (or by the sheriff for the sheriffs alternate) and shall serve until another alternate is appointed. As of the date of this Agreement the members of the Board and their alternates are as follows: Localitv/Title Primary Alternate End of Initial Tenn County of Franklin Sheriff County Administrator Board Member County of Montgomery Sheriff County Administrator Board Member County of Roanoke Sheriff County Administrator Board Member City of Salem Sheri ff City Manager Council Member The Board shall establish bylaws governing the election of officers, the scheduling of meetings and notice therefor, and other procedural matters. Board members will receive no compensation, but may be reimbursed for their actual approved expenses incurred in the perfol111ance of their duties in the work of the Authority. Section 2.3 Purpose of Authority. The purpose of the Authority shall be to design, acquire, construct, renovate, expand, equip and operate a Regional Jail. The initial projections indicate that the Regional Jail to be constructed in the County of Roanoke, Virginia will be built to initially house approximately 605 Prisoners (with core facilities built to house 805 Prisoners). It is estimated that the initial cost of constructing the Regional Jail will be $70,993.614. 4 /p- J DRAFT Section 2.4 Revised 09/20/05 Powers of Authority. The Authority shall have all powers as set forth in Section 53.1-95.2 et seq. of the Virginia Code, as well as all other powers contained in the Virginia Code applicable to regional jail authorities. Section 3.1 ARTICLE III Acquisition, Construction and Financing Construction of New Facilities. The Authority agrees to acquire, construct and equip a new Regional Jail, designed to initially hold approximately 605 Prisoners on a single-bunk basis with core facilities built to house 805 Prisoners. The Authority shall pay an estimated $1,640,000 for the property, such amount payable no later than the time pennanent financing is obtained. Section 3.2 Pennits. The Authority will acquire, construct, renovate, expand and equip the Regional Jail in accordance with the requirements of all Applicable Laws. The Member Jurisdictions agree to provide reasonable assistance to the Authority in complying with any such requirements, and will provide the Authority with any and all infonnation that may be necessary in this regard. Section 3.3 Agreement to Finance. A. General Provisions One-half of the eligible construction, renovation and expansion costs of the Regional Jail are expected to be funded by the Commonwealth pursuant to Section 53.1-81 of the Virginia Code. It is estimated that the Board of Corrections will approve a capital reimbursement in the amount of$35,496,807 based upon an estimated project cost of$70,993,614. The Authority agrees to pursue all additional state reimbursement which may be available for such costs. The Authority expects to finance the cost of acquiring, constructing, renovating, expanding and equipping the Regional Jail, including expenses associated with the startup and financing, through the issuance of revenue bonds. In addition, the Authority may issue revenue anticipation notes or other short-tenn obligations for this purpose. 5 P-r DRAFT B. Revised 09/20/05 Payment of Preliminary Costs It is expected that the preliminary costs of the Regional Jail will be paid or reimbursed from the proceeds of interim or pennanent financings and that no further direct payments for preliminary costs will be due from the Member Jurisdictions. Nevertheless, until the Regional Jail is Placed in Service, the Member Jurisdictions agree to reimburse the Authority for all expenses not previously paid by the Member Jurisdictions pursuant to the following allocation; provided that the payment required by any Member Jurisdiction will be subject to the appropriation of funds for such purpose by the governing body of the Member Jurisdiction; and provided further that the aggregate amount of such reimbursement shall not exceed $10,000,000. Any such payment will be made within thirty days of receipt of an invoice from the Authority. County of Franklin County of Montgomery County of Roanoke City of Salem 32% 20% 38% 10% ARTICLE IV Provision of Services: Operation and Maintenance Section 4.1 Acceptance of Prisoners. When the Regional Jail is certified by the Board of Corrections to begin operations, the Authority will accept Prisoners from each Member Jurisdiction (and to the extent space is available, seek Prisoners from other jurisdictions, including the federal government, the Commonwealth and their agencies) who have been (i) arrested for committing a criminal offense and held over pending trial or (ii) convicted of committing a criminal offense and sentenced or awaiting sentencing to a term of incarceration by a court having proper jurisdiction (the "Prisoners"). The Regional Jail will primarily hold sentenced inmates, however, the Authority may provide housing for all Prisoners from Member Jurisdictions. Prisoners of Member Jurisdictions shall be given a preference over those of non-members. 6 p- \ DRAFT Section 4.2 Revised 09/20/05 Commitment of Prisoners. Until final payment or defeasance of any Notes, Bonds or other temporary or permanent financing for the development of the Regional Jail issued or obtained by the Authority pursuant to this Agreement, each Member Jurisdiction hereby agrees that it will refuse to pay for the incarceration of any Prisoner that is incarcerated in any facility not operated by the Member Jurisdiction or the Authority unless (i) commitment of such Prisoner to another correctional facility other than the Regional Jail is ordered by a court of competent jurisdiction, (ii) a court of competent jurisdiction orders the Member Jurisdiction to make such payment or (iii) the Authority, in breach of this Agreement, refuses to accept any such Prisoner. The ability of the Member Jurisdictions to incarcerate inmates in their local jails is subject to certain limitations set forth in Section 5.5. Section 4.3 Prisoner Medical Costs. Unless the Authority agrees otherwise, the Regional Jail will provide all prisoner medical services, excluding specialized treatment and care by community medical providers, hospitalization costs, costs for specialized medicines or medications not included on the jail's formulary and any other medical costs not provided by the jail's medical contract, which other costs shall be paid by the committing jurisdiction. As to the extent possible, the Regional Jail's medical staff will identify preexisting medical conditions that may be determined the Prisoner's responsibility. In addition, the Authority will establish a medical co-payment program requiring Prisoners to pay a portion of their medical costs. In the event that the Prisoner's medical or mental health care is beyond what can be provided in the Regional Jail, the Member Jurisdiction will assist the Regional Jail in securing the Prisoner's transfer from the Regional Jail to the appropriate state or community medical/mental health provider~ Notwithstanding security requirements, the Regional Jail's health authority will have the final decision in all matters relating to a Prisoner's medical or mental health status. 7 P'-J DRAFT Section 4.4 Revised 09/20/05 Transportation of Prisoners. The Authority shall be responsible to provide all scheduled transportation to and from the Regional Jail and for all costs, expenses, and security relating to such Prisoners during transportation. Transportation for Regional Jail Prisoners includes, but is not limited to, community health providers, funerals and other court ordered transportation functions, transferring Prisoners to the Department of Corrections, and for providing security for Prisoners outside of the facility. If sufficient Regional Jail staff is available, nothing within this section is intended to prevent the Authority from assisting with other unplanned inmate transportation requests to and from the Regional Jail. Prisoners who are transported to court shall be delivered to the custody of each Member Jurisdiction's jail. Section 4.5 Insurance. The Authority will maintain hazard, liability or such other insurance as may be required by Applicable Law or which the Authority may deem advisable. Section 4.6 Ouarterly Reports; Annual Report: Audit. Within 30 days of the end of each of the first three fiscal quarters, the Authority will provide each Member Jurisdiction with a statement of revenues and expenditures of the Authority for the preceding quarter, including data on the utilization of the Regional Jail by the Member Jurisdictions and other users of the Regional Jail. The Authority will provide to each Member Jurisdiction on or before each August 1 an unaudited report showing the activities and the revenues, expenditures, including employee compensation schedules and other similar data of the Authority, for the preceding Fiscal Year. The Authority will cause an annual audit to be performed and completed by December 1 of each year for the immediately preceding Fiscal Year by an independent certified public accountant A copy of the accountant's report will be delivered to the County Administrator or City Manager, as the case may be, of each Member Jurisdiction promptly upon completion. Section 4.7 Annual Budget: Financial Forecasting. A. Setting the Annual Budget 8 P'I DRAFT Revised 09/20/05 The Authority shall provide to each Member Jurisdiction on or before each January 15 the Authority's Annual Budget for the next Fiscal Year. The Annual Budget shall consider all anticipated operating costs including all direct and indirect operation and maintenance costs for the Regional Jail; the debt service cost anticipated to be paid during that Fiscal Year; all major capital expenditures anticipated during the five following Fiscal Years, including any desired deposits to the Capital Reserve Fund; and any revenues or fees which shall be paid by the Commonwealth or other federal or state agency to offset expenses in order to determine the Net Operating Cost upon which the Per Diem Cost shall be calculated. Such Annual Budget shall set forth the Operating Cost Factor and the Capital Factor of the Per Diem Cost as well as the projected number of Prisoners from each Member Jurisdiction. The Authority agrees to set, and revise as needed, the Operating Cost Factor in an amount sufficient to generate revenue adequate to pay Net Operating Costs and to fund any required reserves, including the Operating Reserve Fund and the Capital Reserve Fund, but excluding any debt service reserve fund. The Authority may also include as part of the Operating Cost Factor from time to time in its discretion an amount for the purpose of accumulating a reasonable rate stabilization reserve to be used as and when the Authority considers it appropriate to minimize or eliminate any increase in charges to the Member Jurisdictions. The Authority also agrees to set the Capital Factor, and to revise it immediately as necessary, in an amount sufficient to generate revenue adequate to pay debt service on the Authority's Obligations and to fund any required debt service reserves. Within ten days of any revision to the Per Diem Cost, the Authority shall notify each Member Jurisdiction of such revision. The Authority shall promptly provide copies of any amendments to its Annual Budget to each Member Jurisdiction. The Annual Budget shall also predict the number of prisoner days for that period from Member Jurisdictions, other contracts, or placements by non- members. 9 p- J DRAFT B. Revised 09/20/05 Actions of the Member Jurisdictions Each Member Jurisdiction hereby directs its County Administrator or City Manager, as the case may be, to include in each annual budget submitted to the governing body of his or her jurisdiction or in an amendment thereto, sufficient funds to cover the payment of the Per Diem Cost assessed by the Authority in each Fiscal Year including any subsequent revisions thereto during the course of such year. Each Member Jurisdiction hereby directs its County Administrator or City Manager, as the case may be, to notify the Authority (i) by July I of each year, of the amount so budgeted by the Member Jurisdiction and (ii) at any time, of any amendments to the amount so budgeted by the Member Jurisdiction. C. Forecasting To assist the Member Jurisdictions in estimating their obligations to the Authority, the Authority will develop a policy, which it may amend from time to time, for forecasting its revenues and expenditures over future periods of up to five years beyond the then current Fiscal Year. The forecast will be revised annually and distributed to the Member Jurisdictions during the budget setting process. Section 4.8 Books and Records. The Authority will maintain proper books of record and account in which proper entries shall be made in accordance with generally accepted accounting principles for governmental bodies, consistently applied, of all of its business and affairs related to the Regional Jail. All books of record and account and documents in the Authority's possession relating to the Regional Jail shall at all reasonable times be open to inspection by such agents or employees of the Member Jurisdictions as they may designate. Section 4.9 Operation and Maintenance. The Authority will operate and maintain the Regional Jail in accordance with all Applicable Laws. The Authority shall be an equal opportunity employer. 10 f/¡ DRAFT Revised 09/20/05 Section 4.10 Maiority Required for Authority Decisions. All decisions of the Board shall be determined by a majority vote of a quorum of the Board, unless otherwise specified in the bylaws. ARTICLE V Operations Section 5.1 General Statement The Regional Jail shall be used to house the sentenced inmates from the Member Jurisdictions, any pre-sentenced inmates sent by the Member Jurisdictions, or any other inmate from Non-Member Jurisdictions or Agencies. It is the intent to keep the population of the Regional Jail near capacity to maximize efficiency and cost effectiveness. The Member Jurisdictions shall receive priority consideration for available beds. Section 5.2 Setting of Per Diem Costs. A. Annual Budget In the Annual Budget, the Authority shall set the Per Diem Costs for the next Fiscal Year, including the Operating Cost Factor and the Capital Factor. Included in the Operating Cost Factor will be any required or desired deposits to the Operating Reserve Fund and the Capital Reserve Fund. Together, the calculated Operating Cost Factor plus the calculated Capital Factor shall be the Per Diem Cost paid for each Prisoner housed at the Regional Jail for each twenty-four hour period or portion thereof. B. Operating Cost Factor The "Net Operating Cost" shall equal the difference between (i) the annual direct and indirect operation and maintenance costs for the Regional Jail (the "Annual Operating Cost"), including required or desired deposits to the Operating Reserve Fund and the Capital Reserve Fund, and (ii) the sum of any portion of the Annual Operating Cost paid to the Regional 11 frl DRAFT Revised 09/20/05 Jail Authority by the Commonwealth, any Member Jurisdictions (outside of the Per Diem Costs), or Non-Member Jurisdictions or agencies. The Operating Cost Factor shall be the Net Operating Cost, as described in the prior paragraph, divided by the projected average daily inmate population, divided by 365. C. Capital Factor The Capital Factor shall be the annual scheduled payment for principal and interest on the Obligations (net of any capitalized interest deposits, debt service fund balances or other moneys expected to be available for the payment of such principal and interest, including surplus moneys) divided by the projected average daily inmate population, divided by 365. For administrative and budgetary convenience, the Annual Budget shall allocate the aggregate Capital Factor for that Fiscal Year among the Member Jurisdictions using the allocated share of beds) as set forth in Section 5.4. The Authority shall divide the allocated share of each Member Jurisdiction into four equal payments to be made by the Member Jurisdictions quarterly. As between the Member Jurisdictions, the Capital Factor shall be adjusted to reflect actual proportionate use of the Regional Jail by each Member Jurisdiction during each Fiscal Year. At the time that each Annual Budget is prepared, the Authority shall detennine how much each Member Jurisdiction should have paid in the Capital Factor based upon its actual proportionate use of the Regional Jail during the prior Fiscal Year and compare such amount to the amount actually paid. This may result in the calculation of an overpayment or a shortfall for each Member Jurisdiction. At the time that the Annual Budget is presented to the Member Jurisdictions, the Authority shall invoice any Member Jurisdiction with a shortfall the amount of that shortfall, which shall be payable in four equal installments on the next July 15, October 1, January 1 and April 1. Upon receipt of any such shortfall payments, the Authority shall credit 12 P-I DRAFT Revised 09/20/05 the amount received against the Capital Factor due from any Member Jurisdiction having an overpayment and if not all shortfall payments are received, such credits shall be made on a pro rata basis. If any Member Jurisdiction fails to pay its Capital Factor when due, within five business days of such nonpayment, the Authority will send written notification of such nonpayment to such Member Jurisdiction. If any Member Jurisdiction fails to pay its Capital Factor within ten business days of when due, the Authority shall immediately send written notification of such nonpayment to all of the Member Jurisdictions and shall send an invoice to each of the non- defaulting Member Jurisdictions for payment of that Member Jurisdiction's pro rata share of the failed payment, based upon the remaining allocated share of beds, as set forth in Section 5.4. If, for any other reason, the Authority detennines that it lacks sufficient funds to pay scheduled debt service on any Obligations, within five business days of such detennination, the Authority shall send an invoice to each of the Member Jurisdictions for payment of that Member Jurisdiction's share of the shortfall, based upon the allocated share of beds, as set forth in Section 5.4. D. Per Diem Cost for Non-Members The Authority may establish a different per diem rate for non-member placements, including any allowable late payment fees or interest. Further, the Authority may enter into contractual arrangements for guaranteed access to unassigned and available bed space. Section 5.3 Payments from Member Jurisdictions. A. Operating Cost Factor The Authority shall bill monthly for the Operating Cost Factor for the prisoner days used by each Member Jurisdiction. Upon receipt of the invoice, the Member Jurisdiction shall pay within thirty days. 13 r-I DRAFT B. Revised 09/20/05 Capital Factor The Authority shall bill quarterly in advance for the Capital Factor, with one-quarter of the Capital Factor budgeted to be paid by each Member Jurisdiction due on each July 15, October 1, January 1 and Aprill. If invoices are sent pursuant to the last paragraph of Section 5.2(C) to make up any debt service shortfalls, payment of such invoices shall be due within ten business days. C. Preliminary Costs As indicated in Section 3.3(8), any preliminary costs to be paid directly by the Member Jurisdictions will be paid within thirty days of receipt of an invoice from the Authority. D. Payment for Services Provided As indicated in Section 5.11, under separate agreement, the Member Jurisdictions may contract with the Regional Jail for other goods and services and shall promptly pay when invoiced for said goods and services. E. Late Payments: Interest If any Member Jurisdiction fails to pay any invoice for the Capital Factor within ten business days after its due date, any such Member Jurisdiction agrees to pay a penalty service charge equal to 150% of the Per Diem Cost for each Prisoner housed at the Regional Jail during the preceding calendar month. Thereafter, such Member Jurisdiction shall be billed (and shall pay) monthly in accordance with the preceding sentence until its pays its arrearages hereunder, at which time such Member Jurisdiction shall again be billed, and shall make payments as otherwise set forth herein. Further, if any Member Jurisdiction fails to pay any invoice for Per Diem Costs within ten business days after its due date, such Per Diem Costs shall bear interest at the rate set forth in 14 f" ! DRAFT Revised 09/20/05 Section 2.2-4352 of the Virginia Code; provided that this provision shall not apply in instances where Applicable Laws prescribe some other due date or late payment charge. Section 5.4 Guaranteed Access to Beds. As outlined in Article VIII of the Agreement for Creation of the Western Virginia Regional Jail Authority, the initial member jurisdictions anticipated needs for new beds based on the Community Based Corrections Plan. Based on the 592 initial beds (projected), the percentage and share of beds that would be accessible to the Member Jurisdictions are as follows: County of Franklin County of Montgomery County of Roanoke City of Salem 32% or 20% or 380/0 or 1 0% or 189 beds; 118 beds; 225 beds; 60 beds. Starting with the Annual Budget to be presented on or before January 15, 2012, this allocation and share of beds will be adjusted annually to reflect the average number of beds used by each Member Jurisdiction during the prior three Fiscal Years, readjusting for each Fiscal Year to net out the beds used by non-members. Should the Regional Jail be full and the minimum access not be available to a Member Jurisdiction, then the number of Prisoners shall be reduced first by non-member Prisoners followed by Prisoners from Member Jurisdictions who are utilizing more than their Guaranteed Access as noted above. These placing agencies may be asked to reduce the number of beds being used so that the Member Jurisdictions' needs may be met. It will, however, be the goal of the Regional Jail to remain as close as possible to being full at all times in order to manage costs more effectively. Section 5.5 Placement of Inmates by Member Jurisdictions. Roanoke County and the City of Salem agree to utilize the available bed space at the Regional Jail for all placements outside of _ beds available to them at their local jail. Franklin County agrees to utilize the 15 f/ I DRAFT Revised 09/20/05 available bed space at the Regional Jail for all placements outside of _ beds available to it at its local jail. Montgomery County agrees to utilize the available bed space at the Regional Jail for all placements outside of _ beds available to it at its local jail. Each Member Jurisdiction agrees not to utilize other outside facilities except when ordered to by the Court or no other space is available. The numbers in this Section 5.5 for usage of the local jails may be increased only with the consent of the other Member Jurisdictions and in compliance with any conditions to such increase contained in the documents related to any Obligation. Should the number of beds at a local jail facility be reduced or be increased, if such increase is permitted by the provisions of the prior paragraph, the Sheriff shall advise the Authority, at the beginning of the budget process, so that the reasonable number of inmates expected to be housed at the Regional Jail can be used in determining the Per Diem Costs. Within 120 days of the end of each Fiscal Year, each Sheriff shall provide to the Authority a report for the Fiscal Year showing the total number of local inmates for that Member Jurisdiction, how many of such inmates were housed at the local jaiJ, how many of such inmates were housed at the Regional Jail and how many of such inmates were incarcerated in other facilities. Section 5.6 Cash Reserves" Limits" How Funded. There are three types of cash reserves that may be established for the Regional Jail to assure financial health. Outlined below are the descriptions, means of funding, and general balances for each type. A. Debt Service Reserve Fund - The lenders for the Obligations may require a Debt Service Reserve Fund, generally equal to the debt service payment (principal and interest) for the fiscal year. Ifrequired, this amount should be established at the time of the issuance of the Obligations. The Capital Factor of the Per Diem Costs 16 f/ } DRAFT Revised 09/20/05 should be adequate to pay the debt service for the Fiscal Year. If, however, the amount is insufficient, then the difference may come from the Debt Service Reserve Fund, which shall then be replenished in accordance with the provisions of the documents for the Obligations. B. Operating Reserve Fund - As a part of each Fiscal Year's Annual Budget, the Operating Reserve Fund shall be adjusted to reflect a minimum of 90 day share of the Annual Operating Cost to provide cash flow during transition, lag time between the delivery of service and payment by the user of the Regional Jail, or from operational shortfalls. This on-going reserve shall also serve as a revenue stabilization fund during periods when the Per Diem Costs do not provide adequate revenues until such time as the Per Diem Costs may be adjusted. C. Capital Reserve Fund - A Capital Reserve Fund shall be established utilizing depreciation style calculations for the existing Regional Jail and capital equipment and anticipating upcoming expansions, improvements or capital equipment acquisitions. The depreciation rates shall be generally accepted rates concerning the projected life of the asset and not an accelerated rate. Contributions to this Capital Reserve Fund shall be calculated in each Annual Budget and shall be funded from (i) the end of year balances from the prior Fiscal Year or (ii) contributions to be made by each Member Jurisdiction as a component of the Operating Cost Factor, until the Capital Reserve Fund is fully funded. Section 5.7 End of Year Balances. After the completion of each Fiscal Year, commencing with the 2009 Fiscal Year, when the next Annual Budget is being prepared, the following priorities shall be used to distribute a fund balance of the Authority: A. Replenish any debt service fund and the Debt Service Reserve Fund 17 f-I DRAFT B. Revised 09/20/05 Replenish the Operating Reserve Fund c. Fund the Capital Reserve Fund in accordance with the Annual Budget. D. Use for any lawful purpose of the Authority, including crediting any fund balance against future Per Diem Costs or preliminarily eannarking funds to reduce principal at the next available call option on or maturity of the Notes or Bonds. Section 5.8 Payments from Other Agencies or Non-Member Jurisdictions. The Board shall invoice and pursue payment of charges from Non-Member Jurisdictions as may be appropriate. Section 5.9 Fiscal Agent and Other Management Services. The Authority may contract with one of the Member Jurisdictions to provide Fiscal Agent and other management services as required. After the Authority is established and operational, these services may be provided by the staff of the Authority once staff is in place and internal controls are established. These services may include, but are not limited to, human resources, hiring assistance, employee benefits management, finance and accounting, etc. Section 5.10 Other Services Provided to the Regional Jail. The Regional Jail may contract with Member Jurisdictions or other entities as necessary, to provide required services. These services may include grounds maintenance, snow removal, road maintenance, solid waste disposal, etc. Services provided without cost to all business and residential customers of Roanoke County such as police, fire, etc. shall be provided to the Regional Jail by Roanoke County. Services which are fee based, such as ambulance transport, water, sewer, etc. shall be billed at the regular rate. In the case of ambulance transport fees, the Authority shall make every effort to collect from the Prisoner's insurance or other means of payment. Section 5.11 Other Contracted Services to be Provided by the Regional JaiL The Regional Jail may provide services to Member Jurisdictions or other agencies in order to 18 f/I DRAFT Revised 09/20/05 improve cost efficiency, quantity discounts, etc. These services may include food services, medical services, cooperative purchasing, warehousing, etc. In such instances, the Contract may be issued in the name of the Authority, however, each participant Member Jurisdiction that purchases on behalf of its local organization shall be billed and shall promptly pay for such goods or services ordered or received. Section 5.12 Contract with Roanoke County Public Schools. The Regional Jail being located in Roanoke County, the Authority shall contract with Roanoke County Public Schools to provide the required educational opportunity for qualified Prisoners housed at the Regional Jail. Arrangements shall also be met to provide training for the General Education Degree OED to any of the Prisoners housed at the Regional Jail. Section 5.13 Mutual Aid. The Sheriffs Office of each of the Member Jurisdictions shall agree to assist the Authority staff in the event of a disturbance or emergency at the Regional Jail. This could include the use of manpower, equipment, or access to local jail facilities to mitigate the problem. Section 5.14 Limitation of Liability. The only obligation of the Member Jurisdictions to pay for the establishment, operation or maintenance of the Regional Jail arises out of this Agreement. Except for the payment of the Per Diem Costs allocable to Prisoners who have been actually committed to the Regional Jail, including any penalty service charges or interest assessed pursuant to Section 5.3(E), the obligation of each Member Jurisdiction to pay Per Diem Costs shall be subj ect to and contingent upon appropriations being made for such purpose by the governing body of such Member Jurisdiction. No such payment responsibility shall constitute a debt of any Member Jurisdiction within the meaning of any constitutional or statutory limitation. Section 5.15 Property Value Protection. A concern of property owners surrounding the Regional Jail site is the potential devaluation of their property. For purposes of the policy set 19 f/ I DRAFT Revised 09/20/05 forth in this Section 5.15 (the "Property Value Protection Policy"), "Owner" means the owner or owners of record, and spouse if married, of identified real property qualifying under the tenns and conditions of this Property Value Protection Policy. A. Property to be Covered Any Owner of real property within 3,000 feet of the Regional Jail site border on April 1, 2006 may be eligible for compensation if the Owner can prove that the Qualifying Property was devalued as a result of the location of the Regional Jail under the tenns and conditions contained in this Property Value Protection Policy. Only that real property, or portion thereof, and improvements existing on April I, 2006, that lie within 3,000 feet of the Regional Jail site border (the "Qualifying Property") will be covered under this Property Value Protection Policy. The value of repairs to or replacement of existing facilities and structures that take place after Aprill, 2006, will be covered under this Property Value Protection Policy. B. Valuation ofOualifying Property The Owner must establish the value of the Qualifying Property just prior to the sale date (the "Established Value") by either: (l) use of 1050/0 of the current Roanoke County or Montgomery County real estate tax assessment; or (2) by obtaining an appraisal by a "Professionally Certified Appraiser," prepared in accordance with industry standards including use of the appropriate Unifonn Appraisal Report fonn. The Authority will pay 500/0 of the cost of the initial appraisal up to a total of$150. In the event the Authority shall not agree with the value established by the initial appraisal, the Authority shall be entitled to obtain, at its cost, a second appraisal. After completion of the second appraisal, in the event the Authority and the Owner are unable to agree as to the Established Value, the Authority and Owner shall 20 DRAFT Revised 09/20/05 choose, at equal cost to each, a mutually agreeable independent third certified appraiser to review the two appraisals and determine a final amount to serve as Established Value. All of the appraisals are to be made as if the Regional Jail did not exist. C. Compensation Any Owner who sells Qualifying Property for an amount (the "Sale Value") which is less than the Established Value determined under paragraph B, will be eligible for compensation from the Authority for the amount of this difference, subject to the following conditions: (1) The Authority must have been given the "Right of First Refusal" to buy any Qualifying Property at the Established Value for which a written, enforceable, bona fide offer to purchase has been received by the Owner within the prior thirty days from a third party in an amount below the Established Value; provided that the third party offer to purchase must be in an amount equal to or greater than 80% of the current Roanoke County or Montgomery County real estate tax assessment for the Qualifying Property. The minimum amount requirement for the third party offer to purchase shall not apply in the event of a complete devaluation of the value of the Qualifying Property due to a catastrophic event directly attributable to the Regional Jail. (2) The Authority shall have the option to give notice of the exercise of its rights under paragraph C.l. within 60 days of the date of receipt by the Authority's chief appointed official of written notice from the Owner including a copy of the written bona fide purchase offer and Owner's Established Value for the Qualifying Property in accordance with paragraph B above, provided that such time shall be extended to the extent necessary should Authority have a second appraisal completed or an independent third certified appraiser is required to determine the Established Value. 21 ¡D/ I p~ / DRAFT (3) Revised 09/20/05 Any appraisal shall take into account the condition of the Qualifying Property. (4) The Qualifying Property must be conveyed to the Authority within 90 days of the Authority's exercise of the Right of First Refusal unless otherwise agreed. Prior to the purchase by the Authority, at Owner's expense: (i) Owner must be able to convey the property by General Warranty deed with English covenants of title granting good and marketable title including a proper description with current survey if deemed necessary by the Authority; (ii) the property must be free and clear of all material defects, restrictions, liens, and encumbrances, including the third party offer to purchase; and (iii) the property must be environmentally acceptable to the Authority. D. Termination of Property Value Protection Policy The Property Value Protection Policy will only apply to Qualifying Property sold before the termination date, which is the date the Regional Jail ceases to be used as a correctional facility. Legal heirs of Owners under the laws of the Commonwealth qualifying under this Property Value Protection Policy will be eligible for compensation under the terms of this Property Value Protection Policy. ARTICLE VI Additional Agreements Section 6.1 Further Documents and Data. The parties to this Agreement will execute and deliver all documents and perform all further acts that may be reasonably necessary to perform the obligations and consummate the transactions contemplated by this Agreement. Section 6.2 Right to Access. Each Member Jurisdiction will have reasonable access to the Regional Jail in order to monitor the Authority's compliance with the terms of this Agreement. 22 tJ~ I DRAFT Section 6.3 Revised 09/20/05 Confidentiality. The Authority will maintain all records and files on the Prisoners on a confidential basis in accordance with all Applicable Laws. Each Member Jurisdiction will maintain the confidential nature of all records and files relating to the Prisoners of other Member Jurisdictions in accordance with all Applicable Laws. Section 6.4 Notification. The Authority will promptly furnish to each Member Jurisdiction a copy of any notice or order of any governmental authority asserting that the Authority or the Regional Jail is not in compliance in any material respect with any Applicable Law. Section 6.5 Tax-Exemotion Covenant: Continuinl! Disclosure. (a) The Authority intends to issue the Notes and the Bonds and may issue other indebtedness in a manner such that the interest thereon is excludable from gross income for federal income tax purposes under Section 103(a) and related provisions of the Internal Revenue Code of 1986, as amended, and applicable rules and regulations. The Authority and each Member Jurisdiction agree that after the Notes and Bonds and other tax-exempt indebtedness have been issued they will not knowingly take any action or omit to take any action which would intentionally adversely affect such exclusion. (b) Pursuant to Section 15c2-12(b) of regulations issued by the Securities and Exchange Commission, the Authority and the Member Jurisdictions may be required to agree with the owners of the Notes and Bonds, for as long as such obligations are outstanding, to supply certain national municipal securities information repositories (1) annually, certain financial and operating information, and (2) periodically, notification of certain specified material events affecting the Authority, the Member Jurisdictions and such obligations. The particulars of this ongoing disclosure requirement will be set forth in one or more of an indenture, loan agreement or continuing disclosure agreement. Each Member Jurisdiction agrees 23 ,/). r" DRAFT Revised 09/20/05 to cooperate with the Authority in fulfilling this requirement, including providing the Authority with timely notice of the occurrence of any of the specified events which are material to its operations and hereby authorizes its County Administrator or City Manager, as the case may be, to execute and deliver any agreement considered necessary or appropriate to evidence such Member's continuing disclosure undertaking. Section 6.6 Additional Members. Any city or county in Virginia may, with the approval of its governing body and with the consent of all of the Member Jurisdictions, join and participate in the Authority under such additional terms and conditions for membership as may be prescribed by the Authority. Section 6.7 Withdrawal of Membership. A. Withdrawal Before Authoritv Incurs Obligation Before the Authority incurs any Obligation, any or all of the Member Jurisdictions may withdraw from the Authority for any reason. B. Withdrawal After Authority Incurs Obligation After the Authority has incurred any Obligation, no Member Jurisdiction shall be permitted to withdraw from the Authority, except with the consent of the governing bodies of all of the Member Jurisdictions. Further, no Member Jurisdiction shall be allowed to withdraw from the Authority until all such Obligations have been fully satisfied or that said withdrawing Member Jurisdiction shall have placed in escrow for use by the Authority, its pro-rata share of the outstanding debt of the facility based on its pro-rata share of the guaranteed access to beds. Written notice of intent to withdraw must be given to the Authority and the remaining Member Jurisdictions prior to September 1 of the Fiscal Year in which the Member Jurisdiction intends to withdraw. The withdrawal shall become effective June 30 (the end of the fiscal year). 24 P/I DRAFT Section 6.8 Revised 09/20/05 Dissolution. The Member Jurisdictions shall not dissolve the Authority during any period in which Obligations are outstanding without providing by way of agreement or through some other arrangement for payment or defeasance of the principal of and interest then remaining to be paid on such Obligations and any expenses related thereto. Any such agreement or arrangement may be subject to the appropriation of funds for such purpose by the governing bodies of the Member Jurisdictions. ARTICLE VII Representations"! Warranties and Covenants of Authority In addition to the covenants in other Articles of this Agreement, the Authority represents, warrants and covenants as follows: Section 7.1 Organization Authorization and Validity. The Authority is a political subdivision of the Commonwealth duly organized and validly existing under the laws of the Commonwealth and has duly authorized, executed and delivered this Agreement. Section 7.2 Authority. The Authority has all requisite authority under the Act to execute and deliver and perfonn its obligations under this Agreement and is not a party to any indenture, contract or other agreement or arrangement, the perfonnance of which by the Authority would prevent or materially and adversely affect the Authority's ability to perform the tenns of this Agreement. Section 7.3 Non-Contravention. The execution and delivery of this Agreement by the Authority and the consummation of the transactions contemplated in it will not conflict with or result in a breach of or constitute a default under or violate any of the tenns, conditions or provisions of the Act, the bylaws of the Authority or any material indenture, contract or other agreement or arrangement to which the Authority is a party or by which any of its properties are bound, or any Applicable Law by which the Authority is bound. 25 (J / I 1 DRAFT Revised 09/20/05 Section 7.4 Litigation9 The Authority is not a party to any legal, administrative, arbitration or other proceeding or controversy pending, or, to the best of the Authority's knowledge, threatened, which would materially adversely affect the Authority's ability to perform under this Agreement. Section 7.5 Approvals9 Except for approvals that may be required by the Virginia Board of Corrections, the Authority does not require the consent or approval of any governmental body to carry out the terms of this Agreement. ARTICLE VIII Representations'l Warranties and Covenants of Member Jurisdictions Each Member Jurisdiction represents, warrants and covenants for itself as follows: Section 8.1 Organization'l Authorization and Validity. Each Member Jurisdiction is a political subdivision of the Commonwealth duly organized and validly existing under the laws of the Commonwealth, and each has duly authorized, executed and delivered this Agreement. Section 8.2 Authority. Each Member Jurisdiction has all requisite authority to execute and deliver and perfonn its obligations under this Agreement and is not a party to any indenture, contract or other agreement or arrangement, the perfonnance of which by it would prevent or materially and adversely affect its individual perfonnance under this Agreement. Section 8.3 Non-Contravention. The execution and delivery of this Agreement by each Member Jurisdiction and the consummation of the transactions contemplated in it will not conflict with or result in a breach of or constitute a default under or violate any of the terms, conditions or provisions of any charter, resolution or ordinance, any material indenture, contract or agreement or arrangement to which it is a party or by which any of its properties are bound, or any Applicable Law by which it is bound. Section 8.4 Litigation. No Member Jurisdiction is a party to any legal, administrative, arbitration, or other proceeding or controversy pending, or, to the best of its knowledge, 26 · ..~ / f-I/ 1 ' DRAFT Revised 09/20105 threatened, which would materially and adversely affect its ability to perfonn under this Agreement. ARTICLE IX Defaults and Remedies Section 9.1 Default bv Authority. The occurrence of anyone or more of the following events will constitute an "Event of Default" by the Authority ("Authority Default"): (i) failure of the Authority to pay principal of or interest when due on any Obligations issued for the Regional Jailor obtained by the Authority pursuant to this Agreement; (ii) if the Authority is for any reason rendered incapable ofperfonning any of its material obligations under this Agreement; (iii) the Authority makes an assignment of all or a portion of its obligations under this Agreement without the prior consent of the Member Jurisdictions; (iv) the Authority defaults on any of its material obligations under any agreement pursuant to which any Obligation issued for the Regional Jailor obtained by the Authority pursuant to this Agreement and such default is not cured within the applicable cure period; (v) any proceeding is instituted, with the consent or acquiescence of the Authority, for the purpose of effecting a composition between the Authority and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are under any circumstances payable from the funds of the Authority; or (vi) the Authority defaults in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in this Agreement, and the default continues for thirty days after written notice specifying the default and requiring it to be remedied has been given to the Authority by any Member Jurisdiction. 27 p~ I DRAFT Revised 09/20/05 Section 9.2 Default by Member Jurisdictions. The occurrence of anyone or more of the following events will constitute an "Event of Default" by any Member Jurisdiction ("Member Jurisdiction Default"): (i) failure of any Member Jurisdiction to make payments of Per Diem Costs when due; (ii) any Member Jurisdiction shall for any reason be rendered incapable of fulfilling its obligations under this Agreement; or (iii) any proceeding is instituted, with the consent or acquiescence of any Member Jurisdiction, for the purpose of effecting a composition between such Member Jurisdiction and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are under any circumstances payable from the general funds of such Member Jurisdiction; or (iv) any Member Jurisdiction defaults in the due and punctual performance of any of the other covenants, conditions, agreements and provisions contained in this Agreement, and the default continues for thirty days after written notice specifying the default and requiring it to be remedied has been given to such Member Jurisdiction by the Authority. Section 9.3 Remedies of Member Jurisdictions. Upon the occurrence of an Authority Default, any Member Jurisdiction, after giving notice of such Authority Default to all parties, may bring suit by mandamus or other appropriate proceeding to require the Authority to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this Agreement. Section 9.4 Remedies of Authority. Upon the occurrence of a Member Jurisdiction Default, the Authority, after giving notice of such Member Jurisdiction Default to all parties, may bring suit by mandamus or other appropriate proceeding to require the Member Jurisdiction 28 P-I DRAFT Revised 09/20/05 to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this Agreement. Section 9.5 Remedies Not Exclusive. No remedy in this Agreement conferred upon or reserved to the parties is intended to be exclusive of any other remedy, and each remedy is cumulative and in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. ARTICLE X Miscellaneous Section 10.1 Severability of Invalid Provisions. If any clause, provision or section of this Agreement is held to be illegal or invalid by any court, the invalidity of the clause, provision or section will not affect any of the remaining clauses, provisions or sections, and this Agreement will be construed and enforced as if the illegal or invalid clause, provision or section has not been contained in it. Section 10.2 Notices. Any notice or other communication under or in connection with this Agreement shall be in writing, and shall be effective when delivered in person or sent in the United States mail, postage prepaid, to the following persons and addresses or to such other persons and addresses as any of such persons may from time to time specify in writing. If to the Authority: Attention: Telephone: LJ Facsimile: LJ If to County of Franklin: Attention: Telephone: LJ 29 p// DRAFT Revised 09/20/05 Facsimile: L) If to County of Montgomery: Attention: Telephone: L) Facsimile: L) If to County of Roanoke: Attention: Telephone: L) Facsimile: L) If to City of Salem: Attention: Telephone: L) Facsimile: L) Section 10.3 Execution of Agreement. A sufficient number of copies for each party approving this Agreement, each of which shall be deemed to be an original having identical legal effect, shall be executed by the parties. Section 10.4 Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth. Section 10.5 Amendments. This Agreement may be changed or amended only with the consent of the Authority and each Member Jurisdiction. No such change or amendment may be made which will affect adversely the prompt payment when due of all moneys required to be 30 P~1 DRAFT Revised 09/20/05 paid by the Member Jurisdictions under the tenns of this Agreement, and no such change or amendment shall be effective which would cause a violation of any provision of any resolution, indenture or agreement pursuant to which any Obligation has been issued or obtained by the Authority for the Regional Jail. Section 10.6 Effective Date of Agreement. This Agreement will be effective from the date of its approval by all of the Member Jurisdictions. The Authority shall be deemed created as of the date of this Service Agreement, October 1,2005. Section 10.7 Waiver. Any waiver by any party of its rights under this Agreement must be in writing, and will not be deemed a waiver with respect to any matter not specifically covered. Nothing in this Agreement authorizes the waiver of any Member Jurisdiction's obligation to make payments when due of all moneys required to be paid by the Member Jurisdiction under the tenns of this Agreement. [SIGNA TURES APPEAR ON NEXT PAGE] 31 DRAFT Revìsed 09/20/05 IN WITNESS WHEREOF, the parties have caused this Service Agreement to be executed as of the date first above written. Approved as to Form: WESTERN VIRGINIA REGIONAL JAIL AUTHORITY By: Authority Counsel Chairman COUNTY OF FRANKLIN By: County Attorney County Administrator COUNTY OF MONTGOMERY By: County Attorney County Administrator COUNTY OF ROANOKE By: County Attorney County Administrator CITY OF SALEM By: City Attorney City Manager 1397895v3 32 p/ r ACTION NO. ITEM NO. ~ - \ - 0'·', AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27,2005 Work session to discuss preliminary unaudited results of operations for the year ended June 30, 2005 AGENDA ITEM: SUBMITTED BY: Rebecca E. Owens Director of Finance Brent Robertson Director of Management and Budget APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to review the unaudited year end financial information on revenues and expenditures for fiscal year June 30, 2005. 1. Summary of Revenues and EXDenditures-Attachment I (Rebecca Owens, Director of Finance) . Preliminary unaudited revenues for the County operations for the year ended June 30,2005 exceed budgeted revenues by $1.8 million (or 1.30/0 of general fund operating revenues). . Of the $1.8 million of excess revenues projected, $1.1 million will be added to the General Fund Unappropriated Balance, $54,393 designated for Fire and Rescue from excess rescue fees and the remaining $679þ628 allocated to the Major County Capital Reserve. p-,;z · 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°/0 of general fund revenues as specified in the General Fund Unappropriated Balance Policy. · Preliminary unaudited expenditures for the year ended July 30,2005, net of encumbrances, are $1,416,242. Of this amount, $310,325 was a one-time savings on the first year principal payment of the Public Safety Center Building. This leaves departmental savings of $1,105,917 available for rollover. · Based on the Policy for Use of Unspent Expenditure Appropriations at Year End, departments are able to request up to 60°/0 of the savings within their own department for special purchases and programs approved by the County Administrator and the remaining 400k reverts to the Minor County Capital Reserve for future capital projects. 60°/0 of the $1,105,917 departmental savings amounts to $663,551 that is available for departmental rollover. Of this amount, only $561 ,423 is being rolled over to the departments. · For the year ended June 30, 2005 it is estimated that $784,359 will be available to transfer to the County Minor Capital Reserve based on the rolJover policy approved by the Board. 2. Discussion of Revenues - Attachment II (Brent Robertson. Director of Manaaement and Budaet) · The additional revenues collected were primarily from increased tax collections in the areas of real estate, recordation and conveyance tax, bank franchise tax and cellular phone tax. A detailed analysis of the general fund revenues is outlined in Attachment II. · Most of these revenues were anticipated during the 2005-2006 budget preparation, were discussed with the Board, and included in the current year's budget. 3. Discussion of Departmental Rollovers-Attachment III (Rebecca Owens, Director of Finance) · Review department rollover requests as outlined in Attachment III. 2 P-;z The Audit Committee meeting is November 15, 2005 at 2 p.m. A final report will be presented to the Board at the November 15, 2005 meeting. 3 (JJ~, Attachment I County of Roanoke, Virginia Summary of General Operating Fund Revenues and Expenditures For the Year Ended June 30, 2005 Budget Actual Amount Revenues: Revenues $ 137,354,830 $ 139, 192,308 $ 1,837,478 Transfers In 3,392 3,392 137,358,222 139,195,700 1,837,478 Estimated Transfer to Major Capital Reserve per policy Excess Rescue Fees( Requires board action for appropriation) (679.628) (54,393) Addition to General Fund Unappropriated Balance 1,103,457 Preliminary General Fund Unappropriated Balance at June 30, 2005 Adjusted General Fund Unappropriated Balance at June 30, 2005 11,808,285 $ 12,911,742 Expenditures: Budget Actual Amount Expenditures and encumbrances Transfers Out $ (65, 186,829) $ (76, 179,087) (141,365,916) (64,178,708) $ (75,770,966) (139,949,674) 1 ,008,121 408,121 1,416,242 Uses of unspent expenditure appropriations: Estimated Departmental rollover per policy Board Report 8/23/05 Animal Control Officers Estimated Transfer to Minor Capital Reserve per rollover policy (561,423) (70,460) (784,359) (1,416,242) 1 ë Q) E ..c: o CD ~ (I) ë¡ >.. ¡¡ .= ~.i o .. 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(!) ù) -g~ :J~ GiN ....>0- ;¡'ii ~1i IE :2 'x E E .28: Q) QI ~ c "el :..c ~ !? æ~ ~"e 53 .~ ~ Q) CI) :5~ .B~ !~ a:Ii...J ED. 0 D.. 8m c:: .5 CD.s:::. ii en 2 !~ _0 ...J'O 03 g¡e ~G) Oø 55 t;'5 ::::I 0 êñ~É ~O::~ z- P~J ''-. 10 o o IN ë::o. IN a; rn -J )( &0 o ~ ~ CIJ e E i CI :I c:: I CI a::: Q. E ~ I r.n -J < U o :i ii >.. ~ ~ t W :f :::J o ~ l) Deparbnent Human Resources Economic Development Commissioner of Revenue Treasurer Clerk Circuit Court Generai District Court Assistant County Adm in Real Estate Valuation Finance Management & Budget Police F ire and Rescue Community Development General Services Parks & Ree Social Services E factions FY05 to FY06 Department Rollover Requests Need Scanning equipment, additional licenses and related software Update computers and data processing equipment Certification Classes {Training} Update computers Equipment {folding machine, shredder. NADA software update} Commissioner of Revenue Subtotal Upgrade teller stations Court approved auction expenses Treasurer Subtotal Update computers and equipment Reupholster furniture Judge Raney & Judge Lilley's office Update Color Printer - Management Services Update Computer - Human Services Assistant County Admin Subtotal Update Computers & Replace Conference Room Chairs AO Field Hardware Capital Project Real Estate Valuation Subtotal Update Com puters - Central Accounting Update Computers - Payroll Update Computer.. CFO Update Computers - Purchasing Finance Subtotal Update printer Furniture for Public Safety Building Furniture for Public Safety Building Small Capital- Fumiture1 Interior Alterations to expand dept Vehicle (for increased staff) Community Development Subtotal Smaler automated garbage truck to service narrow roads Renovations for HoUins Library (roof replacement. carpet, paint) General Services Subtotal Starkey flood control project, Starkey picnic pavilion. update PCs Replace com puters in training room LCD Projector Update offtCe furniture Alpha Smarts Infant car seats Video Conference Equipment Update fax machine Future purchase of Easy Fifer System Social Services Subtotal Update computers and software Total Department Rollover Requests 9/2212005 p~~~ Attachment III ,~.. Request $ 5,859 7,584 3,000 3,800 2,200 9,000 20,000 9,459 29,459 6,250 623 1,307 478 1, 784 3,984 7 tOOO 10,984 6,965 14,049 2,290 3,286 26, 590 1 .269 31,236 42,925 83,083 25,000 108,083 75tOOO 1391307 214,307 18,392 25.000 2.100 5,500 1 ,832 500 61 1 00 1,000 2.487 44,519· 2.558 $ 561,423 Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27,2005 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 raw 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. ACTrON NO. ITEM NO. R-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27,2005 AGENDA ITEM: Request to approve a resolution whereby each member locality of the Western Virginia Regional Jail Authority accepts responsibility for their proportionate share of the jail costs until the service agreements and interim financing are completed SUBMITTED BY: John M. Chambliss, Jr. Assistant County Administrator Elmer C. Hodge ~ ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. SUMMARY OF INFORMATION: The County of Roanoke has joined with the City of Salem and the Counties of Franklin and Montgomery to form the Western Virginia Regional Jail Authority which was organized on June 24, 2005. We have been working with the Commonwealth of Virginia Department of Corrections to obtain approval of the application which includes the Community Based Corrections Plan (Needs Assessment) which was approved by the Board of Corrections on July 20,2005 and the Program Plan (AlE Concept and business plan) which was approved by the Board of Corrections on August 31 ,2005. The funding request for the State share of this project is being forwarded to the Department of the Treasury and to the Governor's office for inclusion in the Governor's capital budget which will be considered by the General Assembly during their 2006 session. The Authority has obtained the services of Bond Counsel and Financial Advisor and is preparing to borrow money (interim financing) for the payment of professional service fees, purchase of land, and other related expenses until such time as the project is bid and bonds are issued. This interim financing will be approximately $10 million which will be described below and this borrowing will be roBed into the permanent financing (bonds) after the construction bids are received in the late summer of 2006. 1 R-I Two of the final documents being prepared before the interim borrowing can be obtained are the Service Agreement between the Authority and each of the participating localities which defines the means of operating the facility, budgetary matters, and other safeguards desired by the banking community when the bonds or short term borrowing are put in place; and the Resolution officially declaring the intent to reimburse appropriate expenditures with bond proceeds. The Authority plans to adopt these documents at their October Meeting and to submit the Service Agreement to the member localities for their adoption during October as well. If there is any change in the scope of the project, the Service Agreement will have to be amended to match that change and then approved by the Authority and each member locality. There are several contracts which the Regional Jail Authority must approve now to keep the project on schedu[e and to control the cost of the project including the professional services of the bond counsel and financial advisor, the interim contract with the Architect to develop the preliminary drawings for review by the State and in preparation for the value engineering; and related survey work for the site work to be performed on the property. These costs will be reimbursed to the localities or the Authority from the short term borrowing, however, we will incur some costs prior to the interim borrowing being finalized (projected to be the end of October). The attached resolution is being submitted to each of the member localities asking them to be prepared to reimburse the Authority, subject to appropriation, for professional services fees and related expenses incurred by the Authority prior to the time of adoption of the Service Agreement by all parties. The cost is being shared proportionately to the number of guaranteed beds as included in the agreement to create the Authority. In that agreement, the allocations are as follows: County of Franklin- 32% or 189 beds; County of Montgomery - 200/0 or 118 beds; County of Roanoke - 380/0 or 225 beds; and the City of Salem - 10% or 60 beds. Franklin County adopted the resolution on September 20, Montgomery County and Salem will consider it on September 26, and it is being considered by Roanoke County on September 27. To date, the following contracts have been awarded or costs incurred which will be subject to this cost sharing: Option on Land (First and Extension) Environmental Assessment Geotechnical Study Boundary Survey Topographical Mapping Legal Services Financial Advisor Services * Bond Counsel Services * Interim Architect Services Contract (Work through September estimated at $260,000) $ 30,000.00 13,223.00 19,700.00 6,000.00 42,000.00 2,925.00 260,000.00 $ 373,848.00 * = Cost to be paid from borrowing or bond proceeds. County of Roanoke Share 380/0 = $142,062.24. 2 R -/ The schedule below shows some of the key dates for this project: Approval by the Board of Corrections August 31, 2005 Funding Request for the State Share of the Project forwarded to the Governor and the Department of Treasury for inclusion in the Capital Budget September 2005 Adoptjon of the attached resolution by the Member Localities to be responsible for payments for professional services until the Service Agreement is approved and the Interim Financing obtained September, 2005 Approval of the Service Agreement by the Authority and the Member Localities October, 2005 AlE develop construction plans and documents Begin Sept 2005 Governor presents budget December, 2005 General Assembly considers budget January - March 2006 Zoning and SUP at Planning Commission January 2006 February 2006 Zoning and SUP to Board of Supervisors Close on Property March 2006 Early site work Spring 2006 Bid Construction Contract Summer 2006 Award Contract Fall 2006 Completion and begin use Fall 2008 Interim Borrowing - The Jaif Authority is working to obtain Interim Borrowing of approximately $10 Million which wilJ cover the costs outlined below. This temporary borrowing will be rolled into the permanent financing when the bonds are sold to pay for the construction contract in the Fall of 2006. AlE Fees for the Construction Drawings and Plans Testing and Survey of Site and related property $ 4.6 Million 0.1 Million 3 ~-! Purchase of Land in Spring of 2006 Early Site Work and prep for utilities Other Start up Costs, Value Engineering, Fees, etc. 1.6 Million 3.0 Million 0.7 Million $10.0 Million On January 11 , 2005, the Roanoke County Board of Supervisors appropriated $250,000 to cover the feasibility study of expansion on the existing jail site ($48,000 which is not shared by the other localities), option on the land, and related studies for the acquisition of the land. Our share of the costs until the interim borrowing is obtained ($142,062.24) can come from this appropriation. Eligible costs paid by the locality which can be reimbursed from the interim borrowing will be reimbursed to the locality. The Service Agreement and plan for interim borrowing will be presented to the Authority at their meeting on October 6 and the Service Agreement will be forwarded to the localities for their approval during October. FISCAL IMPACT: The County of Roanoke's portion of this shared cost is estimated at $142,062.24 which can be paid from the appropriation of $250,000 approved on January 11, 2005. No new appropriation of monies is required at this time. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution whereby the member locality will reimburse the Western Virginia Regional Jail Authority for the proportionate share of the professional services fees, land option costs, etc. and that appropriate costs paid by the locality will be reimbursed once the Authority has borrowed the monies (interim financing) or sold bonds. 4 · R-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON SEPTEMBER 27,2005 RESOLUTION WHEREBY EACH MEMBER LOCALITY OF THE WESTERN VIRGINIA REGIONAL JAIL AUTHORITY ACCEPTS RESPONSIBILITY FOR THEIR PROPORTIONATE SHARE OF THE JAIL COSTS UNTIL THE SERVICE AGREEMENTS AND INTERIM FINANCING ARE COMPLETED WHEREAS, the County of Roanoke is a member of the Western Virginia Regional Jail Authority (hereinafter "Authority"); and WHEREAS, the Authority is in the process of planning for the construction and operation of a regional jai[; and WHEREAS, the construction of the jail is expected to be funded by proceeds of the sale of bonds which will include the costs of professional services necessary for construction of the jail; and WHEREAS, the Authority is not yet in a position to issue bonds; and WHEREAS, the Authority is currently working to obtain interim borrowing not to exceed $10 million which will cover architectural/engineering plans, property acquisition, and early site work, and WHEREAS, the interim borrowing is expected to be rolled into the permanent financing in the Fall of 2006, and WHEREAS, it is in the Authority's best interest to hire providers of professional services including, but not limited to architectural/engineering, bond counsel, and legal counsel but lacks the funds at this time to do so, and .. R-J WHEREAS, each member locality of the Authority is being requested to reimburse the Authority for these professional costs until such time that a service agreement is adopted by the participating members of the Authority, and WHEREAS, such proportionate costs paid by each member locality will be reimbursed to the member localities by the Authority once the Authority has secured interim borrowing; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke that it will reimburse the Authority, subject to appropriation. in the same proportion as the proportion of beds allocated in the agreement to create the Authority for professional service fees incurred by the Authority prior to the time of adoption of a service agreement in the event that proceeds of a bond safe are not available for the professional fees. 2 s--\ PETITIONER: CASE NUMBER: Spot Blight Abatement - 3821 Colony Lane 3/2005 Planning Commission Hearing Date: October 4, 2005 (Continued from March, 1, 2005) Board of Supervisors Hearing Date: October 25, 2005 (Continued from March 22, 2005) A. REQUEST The Request of the Roanoke County Building Commissioner to consider spot blight abatement of property at 3821 Colony Lane, Cave Spring Magisterial District. B. CITIZEN COMMENTS There were none. C. SUMMARY OF COMMISSION DISCUSSION Joel Baker, Roanoke County Building Commissioner, was unable to attend the work session, but provided staff with an update. Mr. Baker has asked the Planning Commission to extend their action on this matter until October 4, 2005. The reason for the extension is that Ms. Shelton, the property owner at 3821 Colony Lane is still in the process of cleaning out an old storage shed on the property and some of the articles from the shed are stored outside. She plans to tear down the shed and replace it with a new one. Until that process is complete, Mr. Baker advises withholding closing the file on this project. Mr. Baker has added that Ms. Shelton is now occupying the home. D. CONDITIONS 1. The project is to be completed by October 4, 2005. 2. The Building Commissioner will make a progress report to the commission on October 4, 2005. E. COMMISSION ACTION(S) Ms. Hooker made a recommendation to continue the request until October 4, 2005, with the Roanoke County Building Commissioner providing a progress report to the Planning Commission on October 4, 2005. Motion passed 5-0. F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission 2 PETITIONER: CASE NUMBER: Lester George 17 -9/2005 s-º Planning Commission Hearing Date: Board of Supervisors Hearing Date: September 6, 2005 September 27,2005 A. REQUEST The petition of Lester George to rezone 375.± acres from ARCS, Agricultural Residential with conditions and a special use permit and ARS, Agricultural Residential with special use permit to Planned Residential District. The property is located at 3687 Pitzer Road, Vinton Magisterial District. The purpose of the Planned Residential District petition is to develop a golf course resort and residential community with other uses per Section 30-47-2 B such as a clubhouse, restaurant and overnight cottage accommodations, and to develop a maximum of 89 single family residences on 375± acres for a density of .24 residential units per acre. B. CITIZEN COMMENTS Ms. Dna Early, representing the Mount Pleasant Civic League, spoke in favor of the petition, citing creation of jobs, new tax revenue and minimum disruption to the community. C. SUMMARY OF COMMISSION DISCUSSION Mr. David Holladay presented the staff report. Mr. Lester George presented his business plan and described the project. Mr. McNeil asked if any reconstruction of Pitzer Road is planned, other than required entrances. Mr. George responded none was planned and that they wanted to keep the rural character of the road. Mr. Thomason and Mr. Jarrell asked questions about membership and whether the lodging would be available if the golf course is closed. Mr. George responded that he plans for 270 national members and 50 focal members. Also, Mr. George said that if the golf course is closed he is unsure at this time if the lodging would be closed as well, and in any event, the lodging would be for members and their guests only. D. CONDITIONS See attached PRO rezoning petition materials E. COMMISSION ACTION(S) Mr. Azar made the motion to recommend approval of the request with the attached PRO application dated August 17, 2005 and revised August 19, 2005 as proffered conditions. Motion carried 5-0. F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission S-~ Petitioner: Lester George Request: Rezone 375 ± acres from ARCS and ARS to PRD 3687 Pitzer Road Location: Magisterial District: Vinton Proffered/Suggested Conditions: See attached PRD rezoning petition materials EXECUTIVE SUMMARY: This is a request to rezone 375 ± acres from ARCS and ARS to PRD. In August, 2004, the Board of Supervisors rezoned I 15 acres of the property from AG3 Agricultural Rural Preserve District to AR Agricultural Residential District with conditions, and also granted a Special Use Pennit on the entire property for development of a golf course. The condition placed on the 1 I 5 acres was that the residential density would be no greater that that allowed in the AG3 zoning district, one house per three acres, unless a subsequent rezoning to PRD Planned Residential Development is approved. Since that time, plans for the Fountain Head Golf Resort have been refined and revised. As a result, the developer is a requesting to rezone the property from ARCS (AR with conditions and special use permit) and ARS (AR with special use permit) to PRD. The following two changes in the development plans necessitated the zoning amendment. 1) The plans now show a maximum of 89 residential lots on the perimeter of the proposed golf course. All of the lots are proposed at minimum 1 acre in size. Twenty nine of the proposed lots would be in an area currently limited, through the ARCS conditional zoning, to 3-acre minimum lot size. 2) The developer proposes overnight lodging in guest cottages and within the clubhouse and possibly in a training facility. This use is not permitted in the current zoning district, but may be permitted through the PRD district. The site is designated Rural Village in the 2005 Roanoke County Community Plan. In anticipation of the proposed golf course and development pressures on the Saul Farm, the Roanoke County Board of Supervisors amended the Community Plan, Future Land Use Map in March 2005, and changed the designation of the Saul Farm from Rural Preserve to Rural Village. The Rural Village designation is for areas where limited development activity has historically occurred and where suburban and urban development patterns are discouraged. Rural housing is encouraged on lots averaging one acre. Rural parks and outdoor recreation that are designed to preserve the rural landscape are also encouraged. The proposed project conforms with the policies and guidelines of the Roanoke County Community Plan. The PRD district is intended to allow greater flexibility than is generally possible under conventional zoning district regulations. The requested zoning district allows all the uses proposed for the golf resort, and is preferred for such a development in order to encourage ingenuity, imagination and high quality design. s-~ 1. APPLICABLE REGULATIONS Per Section 30-47-5 (B) of the zoning ordinance, any application to rezone land to the PRD designation shall constitute proffers pursuant to Section 30-14. Once the Board of Supervisors has approved the final master plan, all accepted proffers shall constitute conditions pursuant to Section 30-15. Virginia Department of Transportation (VDOT) approval is required for all entrance permits, including any golf cart crossing of Pitzer Road. Virginia Department of Health approval is required for all private well and septic system permits. Roanoke County site development review will be required. 2. ANALYSIS OF EXISTING CONDITIONS Back.e:round - The property known as the Saul Farm is 375± acres on both sides of Pitzer Road. Currently the fann is leased for hay production and cattle pasture. In the past, the Pitzer Dairy and then the Saul Dairy operated at the farm. Four large barns, one with a brick double silo, and four small sheds still exist in the area that was the dairy. Several of these structures have falJen into significant disrepair. In August, 2004, the Board of Supervisors rezoned 115 acres of the fann from AG3 to AR with conditions, and also granted a Special Use Permit on the entire farm for development of a golf course. The condition placed on the 115 acres was that the residential density would be no greater than that allowed in the AG3 zoning district, one house per three acres, unless a subsequent rezoning to PRD is approved. TopographyNegetation - The land is divided by Pitzer Road. The rolling terrain on each side of Pitzer Road slopes down to creeks. Horseshoe Branch drains the northern portion of the property. An unnamed creek drains the southern portion of the property. Both creeks flow to Back Creek. Much of the property is open hayfields and pasture. Some areas around the southern creek, as well as areas along the northern and eastern property lines, contain mature woodlands. Surrounding Neighborhood - Properties to the north are zoned AG3 and AR, and are mostly undeveloped wooded tracts, with a few single family homes. Properties to the east, along Pitzer Road are zoned AR and contain single family homes on 1 to 3-acre tracts. A large wooded tract also adjoins to the east. To the south, the properties are zoned AG3, AG 1 and AR, and contain single family homes on larger acreage tracts. Adjoining properties to the west are zoned AG3 and AR, and contain single family homes on larger acreage tracts. Pitzer Road crosses the Blue Ridge Parkway approximately 750 feet from the northwest property boundary. In 2004, when the golf course petition was considered by the Board of Supervisors, parkway staff stated that the golf course would not be visible from the parkway and therefore they have no visual impact concerns with the proposed golf course. They have also stated that they would like the opportunity to review any proposed housing on the site to ensure that the scenic quality of this view area is not compromised. This information was gathered from the previous staff report and staff has not received comments from the parkway as of the time of this report. 2 S-à 3. ANAL YSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture - The concept plan for the proposed Fountain Head Golf Resort shows an 18-hole golf course resort with clubhouse and overnight cottages, and 89 single-family residential home lots. The residential lots would generally surround the golf course, except for the southern portion of the site where the course extends to the property lines. The lots are proposed as minimum 1 acre, with 90 feet of road frontage, and would otherwise be developed per the site development standards for the AR zoning district. The proposed section of homes on the western side of the site contains 29 lots. This section lies within the portion of the property currently restricted to 3-acre minimum size lots. The other sections of proposed residential lots lie within areas where I-acre minimum size lots are required. On both sides of Pitzer Road, an I8-hole golf course is proposed. The developer proposes to take advantage of the existing rolling terrain and open fields and pastures in the design and construction of the course. In addition~ the rezoning application states that a majority of wetlands areas will be preserved and these areas will be incorporated into the golf course design. The front nine holes would be on the northern side of Pitzer Road. The back nine holes would be across Pitzer Road, and would finish at the clubhouse. The clubhouse and associated facilities are proposed to be located in the vicinity of the existing barns. The clubhouse would include a full service restaurant, locker rooms, pro shop, and possibly overnight lodging accommodations. In addition, overnight lodging would be offered in guest cottages and possibly also in a training facility. The guest cottages wou)d be 2 to 4- bedroom, one-story rustic structures built at various locations within the golf course. The petitioner proposes a maximwn of 60 total bedrooms, either in the clubhouse, training facility and/or guest cottages. A maintenance facility is shown on the concept plan across Pitzer Road and to the north of the clubhouse area. A driveway from Pitzer Road is also shown to serve the maintenance facility. The golf course and associated improvements will occupy approximately 21 0 acres of the site. Including the golf course, at least 50% of the site will remain as open space. The PRD zoning district requires at least 15% of the gross area of the project to be common open space and/or recreational area. Architectural design of the clubhouse and associated structures and the guest cottages would be a "rustic traditional style", per the petition. The applicant's consultant is currently working on conceptual building elevations to be made available at the Planning Commission and Board of Supervisors public hearings. Exterior construction materials of all buildings, including the single family homes, would be synthetic wood, wood, brick and/or stone. The homes are proposed at a minimum size of 2,000 square feet. According to the petition, architectural review board would be established to review house plans and elevations prior to construction. With 89 homes proposed on 375± acres, the residential development density of the project would be .24 units per acre. Access/Traffic Circulation - Four new streets are proposed to serve the residential development surrounding the golf course. Three of these streets would connect to Pitzer Road and one would connect to Saul Lane. The petitioner has stated that the streets would either be publicly or privately maintained, but would be designed and constructed to VDOT standards. Access to the clubhouse would be via a new commercial entrance from Pitzer Road. With the exception of one possible driveway entrance, access to the cottages would be via internal driveways and cart paths. 3 S-:l The one possible entrance for the cottages would be on Pitzer Road, across from and aligned with Saul Lane. To cormect the two parts of the golf course, the petitioner would construct either a turmel crossing under or an on-grade crosswalk over Pitzer Road for golf cart, pedestrian and service vehicle traffic. The petitioner prefers a tunnel crossing. Either design would be subject to VDOT approval. Internal parking and drive aisles, including parking lot landscaping, parking requirements and parking dimensions would be designed and built according to County parking standards. Mr. Ford, Roanoke County Traffic Engineering Manager, has offered the following comments. Current traffic volume on Pitzer Road is 600 vehicle trips per day. The planned project would generate an estimated 1,872 vehicle trips per day, with 135 trips during weekday peak morning peak hours, and 1 70 trips during weekday evening peak hours. Based on these projected volumes, Mr. Ford has recommended that a traffic impact analysis be provided to the Plarming Commission. He has also commented that regardless of whether the proposed subdivision streets are publicly or privately maintained, the streets should meet not only VDOT construction standards but also geometric design standards as well. Mr. Ford also recommended that a tunnel under Pitzer Road would be a preferred option for golf cart and pedestrian crossing. Fire & RescuelUtilities - Fire and Rescue service would be provided by the Mount Pleasant station. The petitioner's consultants have stated that a planned pond on the golf course would be available as a water source for fire protection. If the commercial structures require sprinkler systems, then the developer would be required to provide adequate water supply/storage for the system. Public water and sanitary sewer is not available to the site. The application states that no extension of public water or sewer is planned with this project. Approval of all private well and septic systems would be through the Virginia Department of Health. If public water and/or sanitary sewer were requested to serve the proposed resort, or if a private community water or sewer system is installed, then the project would need a review by the Planning Commission for conformance with the Community Plan per section 15.2-2232 of the Code of Virginia. Community Meeting - A regular meeting of the Mount Pleasant Civic League is scheduled for Thursday, September 1. At the meeting, the revised plans for the golf course resort and the new rezoning petition will be discussed. A synopsis of the civic league meeting discussion will be included in staff presentation at the Planning Commission public hearing on September 6. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The site is designated Rural Village in the 2005 Roanoke County Community Plan. In anticipation of the proposed golf course and development pressures on the Saul Farm, the Roanoke County Board of Supervisors amended the Community Plan, Future Land Use Map in March 2005, and changed the designation of the Saul Farm from Rural Preserve to Rural Village. The Rural Village designation is for areas where limited development activity has historically occurred and where suburban and urban development patterns are discouraged. Rural housing is encouraged on lots averaging one acre. Rural parks and outdoor recreation that are designed to preserve the rural landscape are also encouraged. The proposed project conforms with the policies and guidelines of the Roanoke County Community Plan. 4 s-~ 5. STAFF CONCLUSIONS In August, 2004, the Board of Supervisors rezoned 115 acres of the property from AG3 to AR with conditions) and also granted a Special Use Permit on the entire property for development of a golf course. The condition placed on the 115 acres was that the residential density would be no greater that that allowed in the AG3 zoning district, one house per three acres, unless a subsequent rezoning to PRD is approved. Since that time, plans for the Fountain Head Golf Resort have been refined and revised. As a result, the developer is a requesting to rezone 375± acres from ARCS and ARS to PRD. The following two changes in the development plans necessitated the zoning amendment. 1) The plans now show a maximum of 89 residential lots on the perimeter of the proposed golf course. All of the lots are proposed at minimum 1 acre in size. Twenty nine of the proposed lots would be in an area currently limited, through the ARCS conditional zoning, to 3-acre minimum lot size. 2) The developer proposes overnight lodging in guest cottages and within the clubhouse and possibly in a training facility. This use is not permitted in the current zoning district, but may be permitted through the PRD district. The PRD district is intended to allow greater flexibility than is generally possible under conventional zoning district regulations. The requested zoning district allows all the uses proposed for the golf resort, and is preferred for such a development in order to encourage ingenuity, imagination and high quality design. CASE NUMBER: PREPARED BY: HEARING DA TES: 17..09/2005 David Holladay PC: 9/6/05 BOS: 9/27/05 5 s-~ County of Roanoke Community Development Planning & Zoning For Staff Use Onl Dale received: .~ 0 )' Received by: -~S 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX 776-7155 ~M Application fee: r\ -c:..-- PCIBZA date: t¡ b oS-- Placards issued: t v\ ~t,J.J 41 ß l'1 BOS date: I 9 I ].,. , ~ 5'- Check type of application filed (check all that apply) IXRezoning 0 SpeciaJ Use 0 Variance o Waiver 0 AdnùnistratÎve Appeal Phone: ( 804) 27 2 - 4 7 0 0 Work: Cell #: Fax No.: Applicants name/address w/zip Lester George 609 Twin Ridge Lane Owner's name/address w/zip NBO Associates 4616 Phyllis Road Phone #: Work: Fax No. #: Property Location Property located on both sides of Pi tzer Road. Community Planning area: Mt. Pleasant T!X Map No.: 7. &. o-tf-:. o~- IQ, 00 J " 01 )* 0 Existing Zoning: AR J J " -- D - D I. Db .' Size ofparcel(s): Acres: 1 <: 1 ,Î 2+ / ~W- Existing Land Use: Res identiai / Agr i cui turai ~~~~_til~!tli~~lJ:t~lll~I:~~:tirl~~IJ¡ìi¥t~?f~~i@~!~~~{'~~2·· Proposed Zoning: PRD-planned Res idential Development Proposed Land Use: Golf Course/Residential Magisterial District: Vinton Does the parcel meet the minimum lot area, widtht and frontage 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 C! No 0 IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes IK No 0 ;ifi~lIiill.1Ji¡jijß~~iJ~l~¡~rl~~ip~IIR'f~íi¡~r;fñt1rtáiJ£:j~~¡i!~ìl!J!!:, V ariance/W aiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): Appeal of Interpretation of Zoning Map to of the Roanoke County Zoning Ordinance Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. IRI~V/ï RlSIW VIM RlSIW V/AA Consultation 8 ]/211 x 11 II concept plan M.,.4 Apphcation fee Application Metes and bounds description~' Proffers, if appJicable ..t14 Justification ~ Water and sewer application ~ Adjoining property owners I hereby certify that I am either the owner of the property or the owner' agent or contract purchaser and am acting with the knowledge and consent of the owner. Owner's Signature 4~,~~,l- ~ ~ k~ fCvc-Gf-M-C~ 2 s-~ [ --~ -7 ~,~ ,: ;.: ¡:~ ~:~~~-:<,\ :' <, ~:: .~. ~ ;-,~ ~;~ .~~~;: - ~ ~,',I-l/~~~~ :: :~:~~r~;~ " ~~Í~:0i~~ ~;:~~~-~~~Y/~~{~ J,-~f~,~l~/Ii~T~r~~I~~~}$?;~-)t}: ~~;~~~~t:~~~~ [~' ~~:~~¡~:~~~~: :.t:If~ -\~;:~ ?::~~) f. ! 1 ,~",- ~ J d"l i - < -f. '.: ~,_J :\:,' r,.; J >., i ~~~ {J} J ~~: 1Þ~,.d'·r?j<.) Œi¡TI !~~ yfi~À i Li'~t.1¡) ..1~:l~i~ J(Œ] ,,{~t~¿~.. ~;~t5lf!:.~~h~ ~'JJ~~ !_~1f t:""7:!Æ~'~~~·f(~--':;::~).;.~·~ ;;~~,,"::W"F%~.J:¿~6~;;:·";~.t~Sf;{£~ L&~~'F:>~1:.2 ~ Applicant Lester George The Planning Commission will study rezoning, special use pennit or waiver requests to determine the need and justification for the change in tenns of public health, safety, and general welfare. Please answer the foJlowing questions as thoroughly as possible. Use additional space if necessary. 1. Please explain how the request furthers the purposes of the Roanoke County Ordinance as wen as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. This project furthers the PRD Section of the Zoning Ordinance by providing a planned residential golf course community. The site incorporates commercial uses including a golf course & associated restaurant within the property, along with a variety of housing options including lodging & single family residences. These varied uses of the land create an opportunity for ingenuity & quality design to promote a superior living env~ronment to the residents of this planned community. The overall community plan including the golf course promotes preservation of the area by providing approximately 50% open space in the total development. 2. Please explain how the project conforms to the genera) guidelines and policies contained in the Roanoke County Community Plan. The property currently possesses a special use permit for the golf course. Allan site housing will be per-AR regulations, which in general complies with the rural preservation designation in the community plan. 3. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire an d rescue. This project will have no impact on public utilities because all water and sewer services will be provided by well ~andseptic. The parcels located within the development will mostly remain open space except for the housing along the golf course. The adjoining properties will see limited impact from the development since the site'stopography works well with the proposed concept plan. 3 ~-- .:J ....-- A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building perrrût. Site plan and building pennit 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 penrútted by the zoning district and other regulations. A concept plan is required with all rezoning, special use pennit, 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 ma exem t some of the items or su est the addition of extra items, but the foHowin are considered minimum: ALL APPLICANTS l a. Applicant name and name of development X b. Date, scale and north arrow X c. Lot size in acres or square feet and dimensions X d. Location, names of owners and Roanoke County tax map numbers of adjoining properties Physical features such as ground cover, natural watercourses, floodplain, etc. The zoning and I and 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 pub1ic ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading spaces X e. X f. X g. X h. - X l. - X J. Additional information required/or REZONING and SPECIAL USE PERMIT APPLICANTS X k, - X l. - X ffi. -L n. X o. X p. X q. Existing utilities (water, sewer, stann drains) and connections at the site Any driveways, entrances/exits, curb openings and crossovers Topography map in a suitable scale and contour intervals Approximate street grades and site distances at intersections Locations of all adjacent fire hydrants Any proffered conditions at the site and how they are addressed If project is to be phased, please show phase schedule I certify that all 'terns required in the checklist above are complete. Si J f'/7-óL Date 6 S-.) Community Development ~~, ~~'<'~-1[~ ~"';;~Á~~~~ f~~~1~~ ~-~.;/ -:-1 ,~,~~/ . --',.,. ,'." ",~ · >.;p' '0 ''t'!.; . 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 Pennit 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 infonnatÍon 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 PeImit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. ~ f)u,J µ 6J{ ~¡\Þ I Name of Petition Petitioner's Signature 4~ J ~¡c.. f ~·/7. P5 Date ,.- " y ~, Community Development . Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic-generating land uses and road network situations that could elicit a more detaiJed 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, Mu!ti-family residential units, or Apartments with more than 75 dwelling units · Restaurant (with or without drive-through windows) · Gas station/Convenience store/Car wash · Retaíf shop/Shopping center · Offices (including: financial jnstitutions, general, medical, etc.) · Regional public facilities · Educattonal/Recreational facilities · Religious assemb1ies · Hotel/Motel · Golf course · Hospital/Nursing home/CJinic · 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 devefopment where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly · When required to evaluate access issues · Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.) · Development in an area where there is a known existing traffic and/or safety problem · Development would potentially negatively impact existing/planned traffic signal(s) · Substantial departure from the Community Plan · Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Planning and Design Documents for: FOUNTAIN HEAD GOLF RESORT A PLANNED RESIDENTIAL COMMUNITY ROANOKE COUNTY, VA VINTON MAGESTERIAL DISTRICT Prepared for: Lester George 609 Twin Ridge Lane Richmond, VA 23235 Prepared by: Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, VA 24018 Project # R0500234.00 Date: August 17th, 2005 Revised: August 18th, 2005 August 19th, 2005 REFLECTING TOMORROW s~ Ba\zer and Associates 1 ~~~ Table of Contents: I. Table of Contents Page 2 II. Introduction Page 3 III. Vicinity Map Page 4 IV. Site Summary Page 5 V. Residential Design Guidelines Page 6 VI. Overnight Lodging/Guest Cottages and Clubhouse Design Guidelines Page 8 VII. Concept Master Plan Page 10 VIII. Soils Map Page 11 IX. Boundary and Adjacent Property Map Page 12 x. Adjacent Property Owners Page 13 XI. Proferred Conditions Page 19 2 Ç"" ~ ...~~" FOUNTAIN HEAD GOLF RESORT INTRODUCTION The Fountain Head Golf Club will cater to corporate entities and private individuals that demand and expect a first-class golf experience. First and foremost, Fountain Head will provide the best conditions for golf, on a one-of-a-kind 18 hole golf course with world class instruction and practice facilities. It will also offer up to 60 rooms of simple yet comfortable over night accommodations. The course will be designed to be reminiscent of traditional Scottish or Irish highland courses with long flowing native grasses, few trees and endless views of the Blue Ridge Mountains. A predominantly wooded residential area comprised of 89 lots surrounding the golf course is also anticipated. The site is extraordinarily similar to the terrain and conditions found in the United Kingdom with over 65°/Ó of the site already existing in fescues and orchard grasses. The decision to offer this kind of exceptional golf experience will benefit the entire Roanoke area and region as the only true golf destination. Unlike other golf attractions, Fountain Head will focus on the ultimate golf experience from local shuttle service, over night accommodations in the fann of clubhouse rooms or on property cottages, offsite hunting and fishing, exercise and fitness and fine dining. The golf course will occupy most of the open area and will be designed to take advantage of the site. Native grasses will be used to define and separate the golfholes which will be set on the existing terrain with as little land form disturbance as possible. Bunkers and other hazards will be sculpted trom the land to create an old world look and feel. Greens and fairways will be expansive and provide unequaled strategy and challenge, while remaining simple and natural. Balzer and Associates 3 Sr- ~, Vicinity Map: ~~ :te .0", :'va(' - ,,,, .I ..........---..------ ~~ ''4...... .~ Bnlzer and Associates 4 s-~ FOUNTAIN HEAD GOLF RESORT SITE SUMMARY Site Data The site consists of tax parcel #'s 79.04-02-10.00,10.1,10.2,11,12, and 79.00- 01-01.00. The total site area is 375 +/- acres. The current zoning is AR with a Special Use Permit to allow for the golf course component of this project. The site is located within the Mount Pleasant Community Planning area and within the Vinton Magisterial District. Existing Conditions The site consists of 75% open areas and 25% wooded areas. There is one existing residence with associated out buildings on the property that will be removed. The site consists of rolling topography. The site has slopes on the property ranging from 1 % to 50+ %. Horseshoe Branch runs through the eastern portion of the property and an unnamed tributary runs through the southwestern side. Adj acent Properties Adjacent properties are zoned AR and are single family residences and undeveloped agricultural land. Public Services No public water or sewer is available to this site at this time. No extension of public water or sewer is planned with this project. Fire and rescue is located in Mount Pleasant approximately 1.25 miles from the si te. Traffic The traffic volume on Pitzer road according to the 2003 VDOT study is 600 vehicle trips per day. Balzer and Associates 5 s-~.. Development Desi2D Guidelines Intent These design guidelines are written with the intent to guide the development of Fountain Head Golf Resort. These guidelines 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 Residential Desi!!n Guidelines Subdivision Streets All subdivision streets will be either privately or publicly maintained. All roads will be designed and constructed to state standards. Access Access to the property will be from Pitzer Road (State Route 617) and Saul Lane& No residential lots will access from Pitzer Road. Water and Sewer Each lot will be served by a private well and septic systems. Density No more than 89 residential lots will be developed. Lot sizel Regulations All residential lots will be a minÏ1nUlTI of 1 &00 acre. Minimum frontage on these residential lots shall be 90 feet. All other setbacks shall be in accordance with the AR zoning regulations found in the Roanoke County Zoning Ordinance. Balzer and Associates 6 :s,- ;) Housing Regulations The minimum house size shall be 2,OOO~ All homes shall be constructed of brick, wood, synthetic wood products, or stone. No vinyl siding will be pennitted. No manufactured or modular homes will be pennitted. An architectural review board will be established to review all house plans and elevations prior to construction. Storm Water Management The stonn water management for the residential portion of this development will be designed in accordance with Roanoke County requirements. The stonn water Inanagement may be incorporated into the overall golf course design if found to be a feasible option during the design phase of the project. Preservation Area / Open Space The residential development of this property will be limited to the perimeter areas of the site. The golf course and associated improvement will essentially be open space that will encompass 210 acres +/- of the property. The golf course design will take advantage of the natural terrain and will preserve the majority of the site as open space. The minimum open space provided for the development shall be 50% of the site. The golf course is included in this open space calculation. The majority of wetlands areas will be preserved and these areas will be incorporated into the golf course design. Ba1zer and Associates 7 c ~ .::> .---'" e..?" Overnit!ht Lod1!in2lGuest Cotta2es and Clubhouse Desien Guidelines Clubhouse The Overnight Lodging and Clubhouse will be an amenity of the Golf Course and will not be stand alone commercial uses. The Clubhouse will be similar in style to that proffered with the original Special Use Permit. The materials shall be synthetic wood, wood, brick, and/or stone. The clubhouse will feature a full service restaurant, locker rooms, pro shop and possibly some overnight accommodations. Overnight Lodging/Guest Cottages Guest Cottages shall be defined as a building or groups of buildings for temporary residential occupancy or lodging, regardless of ownership, for use by members and guests of the golf course facilities. These buildings may be multi-family but shall not include manufactured homes.. The over night lodging will consist of small guest cottages grouped throughout the golf course. The cottages will vary in size from 2- 4 bedrooms and will be no more than one story tall. The cottages will be designed with a similar rustic traditional architectural style to that of the clubhouse and will be constructed of synthetic wood, wood, brick, and/or stone. No more than 30 cottages will be constructed with this development. No more than 20 bedrooms will be located in the clubhouse building and no more than 10 bedroOlTIS will be located in the training facilíty. No lTIOre than 60 total bedrooms will be constructed. Parking and Internal Drives All internal parking and drive aisles associated with the Golf Course will be in accordance with Roanoke County Design Standards. This includes parking requirements, dimensions and landscaping. The access for the clubhouse will be from Pitzer Road. The access for the cottages will be from a network of internal driveways and cart paths with the exception of one possible entrance off of Pitzer Road. All entrances will be in accordance with VDOT and Roanoke County Standards. A golf cart/pedestrian crossil1g will be required on Pitzer Road to access the entire golf course~ A tuIll1el under Pitzer Road is the preferred option at this time. This option will be subject to VDOT approval. Balzer and Associates 8 s~ Lighting All lighting shall be residential in scale and style (i.e. post mounted lighting) and will not exceed 15' in height. The lighting shall be arranged so it will not cast glare on adjacent properties nor will more than 0.5-foot candles cross any adjacent property line Setbacks The clubhouse and all cottages will be setback a minimum of 30 feet from all adjoining road right of ways and 50 feet from all adjacent properties. Balzer and Associates 9 r;i (/1 ~~~I· f~~~ I V'INIDtJl^ 'A..1Nn08~>IONV08 I 0 ~ ~ = i! 8~1 I l I J hJ ¡ ¡~.. 111- 'II' I II' Iii, J ¡II N\iìd ld3:JNO:J ~ ; hn !fJl !hI !HI! !iI! !;dl 1.~OS3~ =JlOÐ O\f3H NI\fl.NnO=J ~ r ~~~:;i:'~~~ \~ · ~~~:~j ~ ~ ~ d ~;z: . 5 ª ~ ~ I/) I/) 0 oJ " / /~.~~/,/ ---=::::)~) J ( ¡; (;::j'- /-,.._~~,~/J~ r( /---..r-'·/ .>()~) ,/--- ....-. /It'~'- ~/ 'f!./ " ... // ,/~ f;:;;~ (- ~¿'-' 1_'\ I! ~! ""'"" "-- . ) / , /",t> x#-' ./ '~ /-1' /~~,\ ~to- ,.' , ~~:;~~ , ~>---~- b f-AOOI----"l ~ ~ &~ .--f= J:; . /;;;~ - \ ...k' J . .:' ~ ¡¡¡ ~ ffli ? ~3~~ n /(~(':c ~~~;.::"'\: ". ::.~'. ~~'¡~:ì /~ji. IJ ./ ppœ~~I,j~r'L.ft~':13 ~~_.( --~ ~ . (J)\ .tJ':: ~"- ~. 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HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 27,2005 SECOND READING OF AN ORDINANCE TO REZONE 375:!: ACRES FROM ARCS, AGRICUL rURAL RESIDENTIAL WITH CONDITIONS AND A SPECIAL USE PERMIT, AND ARS, AGRICULTURAL RESIDENTIAL WITH A SPECIAL USE PERMIT, TO PLANNED RESIDENTIAL DISTRICT, FOR THE PURPOSE OF DEVELOPING A GOLF COURSE RESORT AND RESIDENTIAL COMMUNITY WITH OTHER USES PER SECTION 30-47-2 B SUCH AS A CLUBHOUSE, RESTAURANT, AND OVERNIGHT COTTAGE ACCOMMODATIONS, AND TO DEVELOP A MAXIMUM OF 89 SINGLE FAMILY RESIDENCES ON 375.:!:ACRES FORA DENSITY OF .24 RESIDENTIAL UNITS PER ACRE, ON PROPERTY LOCATED AT 3687 PITZER ROAD, VINTON MAGISTERIAL DISTRICT, UPON THE PETITION OF LESTER GEORGE WHEREAS, the first reading of this ordinance was held on August 23,2005, and the second reading and public hearing were held September 27. 2005; and, WHEREAS. the Roanoke County Planning Commission held a public hearing on this matter on September 6, 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 zoning classification of a certain tract of real estate containing 375~ acres, as described herein, and located at 3687 Pitzer Road (Tax Map Numbers 79.04-2- 10. 10.1, 10.2, 11 , 12; 79.00-1-1 ) in the Vinton Magisterial District, is hereby changed from the zoning classification of ARCS. Agricultural Residential District with conditions and a special use permit, and ARS, Agricultural Residential District with a special use permit, to the zoning classification of PRD, PJanned Residential District. 2. That this action is taken upon the application of Lester George. s-~, 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The developer hereby proffers substantial compliance with the PRO rezoning document titled "Fountain Head Golf Resort, A Planned Residential Communityþ" prepared by Balzer and Associates, Inc. dated 8/17/05 and revised 8/19/05. 4. That said real estate is more fully described as follows: Tax Map Nos. 79.04-2-10, 10.01, 10.02, 11, 12; 79.00-1-1 containing 375 ± acres 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 .. / ( iê ~. I ~~ t -¡\ I -------PITZ ~ :to ) )..- #~ I :><~~ ~H~ )C >C )C)(~ ..} .~ ~>J.'i\t. )C>< ~ ~ ~ ~ ::: !:. I \1 J.. " x ~I \ x >6. \' ¡JJ IlL ~ Zoning ~ .AG3 ~ ~ .EP .AG1 ~~~)' ~ )/ AR )IL I A -~ _AV x\. .x.. x, C1 Site '" }('JI J _02 L. "- ~ . C2CVOO - 11 ŒI2 - ~)( ~>< .PCD PRO .PTO R1 R2 ) ~ 1 . R3 R4 WAL y N ~ ~ ---- ~ . - ~~ 1 Street CenCerfines I 1 .~~ I ... r ( , I ~ ~ . - Applicants Name: N B 0 Associates - Existing Zoning: ARCS/ARS Roanoke County Proposed Zoning: PRO Department of Tax Map Number: 79.00-1-1,79.04-2-10,10. t 10.2,11,12 Community Development Magisterial District: Vinton Area: 375+/- Acres August 18, 2005 1 inch equals 11000 feet s~. Petitioner: Lester George 609 Twin Ridge Lane Richmond, VA 23235 Request: Rezoning From ARCS/ARS to PRD Property: 375 +/- acres Tax Map #: 79.04-02-10.00,10.1, 10.2,11, 12, and 79.00-01-01.00. Property Owner: N B 0 Associates 4616 Phyllis Road Roanoke, VA 23235 The following are proffered conditions for the above referenced Zoning Case. Proffered Conditions: 1. The developer hereby proffers substantial compliance with the PRD rezoning document titled "Fountain Head Golf Resort, A Planned Residential Community", Prepared by Balzer and Associates, I . Dated 8-17-05 and Revised 8-19-05. ~/ ~#/ t Jr., Part~~/ RonaId C. Brooks, Partner ~~~. . Lindsay, ~rtne ()({Ql (fL~h 411 (I n·, JJJ1.!lcLu Dana Michelle N. Grady, Partner - -0 -aVdi k) ~j¡(jl~ · Heidi Danielle N. Boswell, Partner fvJlJ f/t:;l1IfL ,þAVM/4; Rachel Elizab -th Nunnally, Pattner ~ \)~~~~ Alan Dale Jenkins, Partner 19 S-3 PETITIONER: CASE NUMBER: R. Fralin Development Corporation 16 - 8/2005 Planning Commission Hearing Date: August 16, 2005 (Rescheduled from August 2, 2005) Board of Supervisors Hearing Date: September 27,2005 A. REQUEST To rezone approximately 9.95 acres from R-1 Low Density Residential to PRD Planned Residential Development with conditions to construct 60 townhomes at a density not to exceed 6.1 units per acre located northwest of the corner of Newland Road and Peters Creek Road, Hollins Magisterial District. B. CITIZEN COMMENTS The following eight citizens spoke in opposition to the request: Pat Hammond; Emily Hamilton; David Alderman; Virgil Decker; Christine Decker; Garland Chambers; Jayne Vest; Susan Quist. Two separate petitions were also presented opposing the project. The primary reason stated for opposing the request was extending Crosstimbers Trail which would add traffic, possibly reduce the amount of on-street parking currently enjoyed by Crosstimbers Trail residents and force children now playing in the street to seek safer play areas. The developer was asked to provide access from the proposed convenience store/gas station site via an extension of Airport Road. Sean Horne (Balzer & Associates) noted that such a scenario would involve the unrealistic construction of a bridge over the future regional stormwater management pond north of the proposed townhouse project. C. SUMMARY OF COMMISSION DISCUSSION Tim Beard presented the staff report focusing on requirements applicable to planned residential developmentsT the master plan for "Villas of the Valley", proposed site layout and architecture, neighborhood compatibility, public school impact, fire and rescue service delivery, the proposed adjacent regional stormwater management facility and traffic. Mr. McNeil asked if parallel (or other) parking would be prohibited on the project's private road system. Mr. Fralin stated that signage prohibiting such parking and fines for motorists who impede traffic would be utilized. Sean Horne explained that vehicular access options were studied in-depth at Crosstimbers Trail, Peters Creek Road and Newland Road. The developer is of the opinion that the optimum access alternatives are proposed. Mrs. Hooker asked if Newland Road could safely sustain traffic under this access design and Mr. Horne replied that it can for the "one-way" entrance proposed into the project site. Mr. Thomason and Mr. Azar suggested engineering a full access location from Newland Drive and doing away with access from Crosstimbers Trail altogether. Mr. Horne and Mr. Ford (Roanoke County Traffic Engineer) noted that grades required to make such an access functionally safe would be difficult, if not impossible without acquisition of additional (occupied) property uphill on Newland Drive. Although explored, no safe entrance/exit location from Peters Creek Road has been found. The entrance-only access proposed from Newland Road is estimated to handle approximately 25 percent to 30 percent of total daily generated by the project. Mr. Azar inquired about the 45-foot maximum townhouse height stated in the master 1 plan compared to elevation drawings also in the master plan. Mr. Fralin replied that maximum heights would probably not exceed 35 feet, but that in rare instances, two- story homes with walk-out basements may be taller when viewed from the rear :)-3 yards. D. CONDITIONS 1) The property shall be developed in substantial compliance with document titled "Villas of the Valley. A Planned Residential Retirement Community" prepared by Balzer and Associates, Inc. dated June 24, 2005, revised July 12. 2005 and revised July 16. 2005. 2) Not more than 60 total residential units shall be constructed on this site. 3) A fee simple donation of property or a stormwater management easement for the creation of a regional stormwater management facility shall be granted to the County of Roanoke. E. COMMISSION ACTION Mr. Jarrell offered the petitioner a continuance to further explore access options in lieu of a motion to deny the request. Mr. Fralin asked for a vote. Mr. Jarrell made a motion to deny the petition with proffered conditions. The motion carried 4 - 1. F. DISSENTING PERSPECTIVE Mrs. Hooker G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission 2 S-3 Petitioner: R. Fralin Development Corporation Request: To rezone approximately 9.95 acres from R-1, Low Density Residential District to PRD Planned Residential Development with conditions to construct a maximum of 60 townbomes Northwest of the intersection of Newland Road and Peters Creek Road Location: Magisterial District: P roffered/Su gges ted Conditions: Hollins 1. Substantial compliance with document titled "Villas of the ValleYt A Planned Residential Retirement Communityu prepared by Balzer and Associates, Inc. dated 6-24-2005, revised July 12, 2005t revised July 26, 2005. 2. Not more than 60 total residential units shall be constructed on this site. 3. The developer/contract purchaser shall make a fee simple donation of property toward the creation of a regional stormwater management facility . ,"" _ _ f _ '; . ~ ; -- . :' 1..- ." . . " , : :;.. . .. ,"I . . . - . '. . . ';'1 ',,: I ':. ,. .: ~- EXECUTIVE SUMMARY: This petition requests the rezoning of approximately 9.95 acres from R-I to Planned Residential. The applicant is proffering a maximum of 60 townhouse units within an overall master plan that preserves 40 percent of the total site area in open space. The proffered master plan includes home construction utilizing brick and vinyl exterior materials in natural earth tone colors. The number of school children projected to live in this development will be less than current zoning would project by an approximate 1:5 ratio. Also suggested is a proffer donating property that would provide a portion of a long-anticipated regional drainage facility. The overall site (made up of four contiguous parcels) is designated Neighborhood Conservation and Transition by the Roanoke County 2005 Community Plan. ", The proposed residential project is consistent with those designations. The main vehicular access to the proposed project is through existing Crosstimbers Trail; an "exit only" access onto Newland Road is also proposed, subject to Virginia Department of Traansportation approva~. Staff supports the concept of a second access. However if that access is from Newland Road, an "enter only" one way drive should provide more safety and efficiency. -. : :.. h;~< ~::. ' : <:~:<~'~<f~':?::.":~~'.i!i~~-~:~~¡,~:-,:,:'i}{:,<~,:::,; ~, . ' .:, . .~. ,~ I , . 1. APPLICABLE REGULATIONS Section 30-47-5(B) of the zoning ordinance requires that all \VIÍtten and graphic infonnation submitted as part of a PRD rezoning request constitutes proffered conditions. Site plan review will be required. Commercial entrance pennit(s) will be required from the Virginia Department of Transportation. Local and state stOl111water management regulatíons are also applicable. 2. ANALYSIS OF EXISTING CONDITIONS 1 c -...... ~'·-·.3 Background - The largest of the subject properties has been developed at least since 1948 per county records. Currently one single family home, one accessory manufactured home and a series of outbuildings occupy most of the eastern portion of the site owned by James Wallace Cates II. Robert Fralin is the contract purchaser~ Per master plan design guidelines) the development intent is to "offer a pedestrian scale neighborhood that will cater to the needs of Roanoke's retirement communjty~ The project will also provide a natural transition betvveen adjacent single family residences and commercially zoned property.)' A homeowners' association will be established for maintenance. TopographvNegetation -Most of the 9.95 acres is forested and includes steep topography facing downhill along the site's northeast border. The western half of the parcel is moderately sloped in the same direction. Elevations range approximately from 1 060 feet to 11 04 feet. Slope ranges vary from 1 0 percent and under on most of the southeast area of the site to 11 - 25 percent in the west central area to greater than 26 percent along the parcel's north and east boundaries. Surrounding Neighborhood - The subject tracts are bordered by R-l zoned single family residential homes to the south and west, the R-3 zoned Waterford townhouse development on the northwest, an undeveloped C-2 zoned tract now under consideration for retail uses and R-l zoned single family homes east across Peters Creek Road. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/.t\rchitecture - 60 Townhouses and private road access are proposed for the central and southeast portions of the overall 9.95 acres resulting in a density of 6.1 units per acre. No more than seven abutting townhouse units shall be grouped together per block with no more than two units having the same building line. Exterior materials shall include a mixture of brick and vinyl siding. Natural earth tones shall be used for all vinyl siding with complimentary brick and trim colors. Perimeter vegetative buffering is slated for the entire site with the north and northwest sections to remain as green open spaceÞ Sidewalks and walking trails are proposed~ One vehicular access from publicly-maintained Crosstimbers Trail in the west central portion of the site is proposed. One-story townhouse units are planned at a minimum building size of 1,150 square feet (including garage) and Mo-story units will comprise at least 1900 square feet. All units will be at least 22 feet wide and not more than 45 feet high. Utilities shall be installed underground and exterior lighting shall be post-mounted not to exceed 10 feet in height. Public Schools - School age children generated by this development would attend Glen Cove Elementary, Northside Middle and Northside High Schools~ Glen Cove Elementary has a current enrollment of 475 (500 potentially by the fall) 2005) with a maximum capacity of 600 chiJdren. Northside Middle School's current enrollment is 750 children with an approximate capacity of 800 students. Northside High is at capacity with its existing enrollment of I 050 students. All figures are per individual school staff. Based on the housing type proffered, approximately 0.2 school child per dwelling Wlit is projected yielding a total of 12 school children at completion of the development. AccessfTraffic Circulation & Generation - VDOT staff reports that the posted speed limit on Crosstimbers Trail (VA 1438) is 25 miles per hour and that minimum sight distance for an entrance is 280 feet. An estimated 600 trips per day could be generated by the 60 townhouses~ A Newland Road or Peters Creek Road connection would need to be evaluated for items such as sight distance and turn lanes. An excessive number of vehicle trips on Crosstimbers Trail could impact roadway width and pavement structure. The plat for Section 3 of The Woodlands notes 2 S-:3 that "segments of turnaround outside the 50-foot RfW of Crosstimbers Trail shall revert to adjoining owners when street is extended." If the proposed street extension is to be private, the existing cul-de-sac and its right-of-way would need to remain as is. A commercial entrance pennit will be required. Balzer & Associates (representing the petitioner) estimates maximum traffic generation at 390 trips per day based on approximately six trips per residential unit. The Crosstimbers Trail access was planned for in developing the Woodlands subdivision and a 50-foot right-of-way was platted to allow future access to the subject property. As reported by the Roanoke County traffic engineer, Crosstimbers Trail's 2003 vehicle count was 1,700 trips per day. Road width narrows from approximately 40 feet at the Woodhaven Road intersection to about 28 feet near the access point to the proposed development. Many Crosstimbers Trail residents parallel park on both sides of the street, narrowing the traveled way substantially. Restricting parking to one side of the road where width is minimal may be needed. If nearly a third again of existing traffic is added to Crosstimbers Trail, property owners will be negatively impacted. In regard to the proposed private road(s) associated with this project, Roanoke County is in an extension period recognized by VDOT on possible revisions to the county ordinance that could prohibit private roads, including those in Planned Residential Developments. It is noted that sidewalks are proposed and, in that regard, a five-foot \Vide sidewalk or walking trail would be desirable. Also heavy load-bearing capacities of vehicles such as trash trucks should be accounted for when designing pavement structure and a tumaroW1d for such vehic1es shou1d be shown. Fire & RescuefUtilities - Emergency vehicle travel distance for the Hollins Fire & Rescue Squads will be 1.8 miles using the Crosstimbers Trail access. Fire Department staff also states that cluster type deve)opment per building and fITe codes should not significantly impact services. Public water and sanitary sewer are available by extension of existing lines. Stonnwater Management - Staffhas requested (per proffer) and the petitioner has expressed a willingness to make a fee simple donation to Roanoke County of floodway and floodplain property along the northeast boundary of the subject site towards the creation of a regional stonnwater management facility. This future regional stonnwater management pond would he1p relieve dOVv11stream drainage and flooding problems along the West Fork of Carvin Creek, particularly along Dent Road, Williamson Road, Verndale Road and Palm Valley Road. Community Meeting - A community meeting was heJd on JuJy 18, 2005. Approximately 40 citizens attended. The predominant concerns expressed were additional traffic onto Crosstimbers Trail (the only access proposed at that time) and to a lesser extent, proposed building density. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Roanoke County Community Plan has designated the eastern one-third of the site Transition (paralleling Peters Creek Road) and the remainder Neighborhood Conservation. Neighborhood Conservation policy encourages conservation of the existing development pattern in addition to attached and detached residential housing at a "reasonable density not significantly higher than the existing neighborhood_" Greenways, bike and pedestrian trails shouJd be included and cluster developments are encouraged. InfilI development that complements existing land uses are also encouraged. 3 ~-3 Transition policy advocates orderly development of highway frontage tracts. Although generally more applicable to commercial areas, single-family attached residential uses such as planned townhouse communities of six or more units per acre are encouraged.. The proposed project is consistent with each designation~ s. STAFF CONCLUSIONS The proposed "Villas of the Valley" provides a development configuration that suits the existing topography and preserves 40 percent of green space on the 9.95 acre site. A proffered density of 6.1 units per acre is slightly higher than a conventionally developed single family detached neighborhood, but far less that the number of units pennitted under the open space bonus density allowance provided for in PRD regulations. The proposal offers an opportunity to mitigate longstanding stonnwater management problems in the general area as well as provide appropriate infiII development. If the additional daily traffic load projected for Crosstimbers Trail can be mitigated by constructing at least one additional public vehicular access at either Peters Creek Road or Newland Road, the proposal would be strengthened. Reiterating, county staff supports - subject to VDOT approval- an "enter only" access point on Newland Road in lieu of the 'Lone way out driveway~~ indicated on the master plan graphic. CASE NUMBER: PREPARED BY: HEARING DATES: 16 - 8/05 PC: 08/02/05 BOS: 08/23/05 4 County of Roanoke Community Development Planning & Zon~ng For Staff Use Onl 5--3 Received by: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX 776-7155 Application fee:: p~ date: Placards issued: BOS date: Check type of application filed (check all that apply) XI Rezoning 0 Special Use 0 Variance o Waíver o Administrative Appeal Phone: Work: CeH #: Fax No.: *381-9700 Applicants name/address w/zip ~. Fral~n Dayelopment Corporation P__ o. Box 62.44 293-3234 ~81-~871 Owner's name/address w/zip James Wallace Cates, II 6571 Newland Road n V Property Location Corner of Newland Road & Peters Creek Road Tax Map No.: 26.£0-04-01.00 2.00 3.00&4 Phone #: Work: Fax. No. #: Magisterial District Ho 11 ins Community Planning area: H 011 ins Existing Zoning: R-1 Proposed Zoning: PRD Proposed Land Use: 1 Does the parcel meet the minimum 10t are~ width, and frontage requirements of the requested district? Yos N No 0 IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes DC No 0 IF NOþ A VARIANCE IS REQUIRED FIRST If rezoning requestt are conditions being proffered whh this request? Yes [X No D Varianc~aiveT of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): AppeaJ of Interpretation of Zoning Map to of the Roanoke County Zoning Ordinance Is the application cDmplete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RlSIW V I AA R/SlW V I AA R/S/W V / AA rn Consultation B g 1/2" x 11" concept p)an EE Applicabon fee. Application Metes and bounds description Proffers) if applicable Justification Water and sewer application Adjoining prop~rty o\.V!)~rs I hereby certify that 1 am either the owner 0 f the: propcriy or iliZ' s agent or contract purchas~ and am acting with the know] edge and consent of the Dwner. ~ ~ ~ ___ Owner)s Signature 2 ~~~. ? ~:) ~-.~ IDl~1;,¡:~y;:~j~le}~,,~1~:~~ti ~j~ Applican t 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 heal~ 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 County Ordinance as well as the purpose found at the beginning of tbe applicable zoning district cl~ssification iD the Zoning Ordinance.. This p~oject 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 space. This project will provide a superior. living environment to the residentf of this communi ty.' 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 Transi tion· and Neighborhood Conservatior. This project is in compliance with this designation because it provides a natural transition between the existing single family prop~rties and the commercially zoned properties along Peters Creek Road. The project is also being developed at a density already allowed by R-l zoning. 3. Please descnbe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts Oß public services and faciJitl'es, 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 ~mpact on schools and parks. This project will have the normal impact on public utlities of any residential development of this size. Water and sewer avail~bility has been confirmed. The adjoining woodland subdivision will see the most impact from traffic, however our connection to Cross Timbers Trail was accounted for · ht of wa . 3 ':: ...--) "';;;,:i 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. Furthert the plan shall address any potential land use or d~sign issues arising trom the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development ofLhe property and by so doing, correct any deficiencies that may not be manageable by County permitting reguJ ations. The concept pI an should not be confused with the si te p]an or plot plan that is required prior to the issuance of a building permit Site pJan and building permit procedmes 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 p1an is required with aU rezoning, specia] use peIlDÎt, waiver and variance applications. The p1an should be prepared by a professional site p]ann er. The level of detail may vary. depending on the nature of the request. The County Planning Division staffma exem t some of the items or su est the addition of extra items, but the folIowin are considered rninimwn: ALL APPLIC~TS X a. App1icant name and name of deveJopment Date, scale and north arrow Lot size in acres or square feet and dimensions Locaûo~ names of owners and Roanoke County tax map numbers of adjoining properties PhysicaJ features such as ground cover, natural watercourses, floodplain, etc. The zoning and land use of aU adjacent 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 pubJic ways within or adjacent to the deve10pment Dimensions and locations of all driveways, parking spaces and loading spaces --.X.- b. -Å. c. X d. -Å- e. -Å. f. X g. X h. X l. X j. Additional information required/or REZONiNG and SPECiAL USE PEKMIT APPLiCANTS ..L k. Existing utilities (water) sewert stonn drains) and connections at the site -L ]. Any driveways~ entrances/exits, curb openings and crossovers L m. Topography map in a suitable scale and contour intervals X n. Approx.iIT;lat~ street grades and site distances at intersections L o. Locations of all adj acent fire hydrants -X- p. Any proffered cond1tions at the site and how they are addressed ..L q. If project is to be phased, please show phase schedule J ~e;:s required in Ù!e checklist above are complete. ~ ...Lb.... Signature of applicant ¿,... z. y: #~.....---- Date 6 <;-3 Community Development ,...-.~"r9~ ~'Y';.::~ -,>i~~_ ~~ÏÎ Planning & Zoning Division NOTICE 'TO APPLICANTS FOR REZONING, SUBDMSION W AIVE~ PUBLIC STREET WAIVER, OR SPEC{M¡ ÙSE PER1\1IT PETITION PLANNING COMMISSION APPLICATION ACCEPT mCR PROCEDURE The Roanoke County Planning Commission reserves the right to continue a R.ezon:in&. Subdivisioñ Waiver, Public Street Waiver or Special Use Permit petition ifnew or additional infoxmatiott is presented at the public hearing" If ít is the opinion of the majority of the P1~,..ning COT'f'~"li~qioners pre~ at the schedul~d public hearing that sufficient time was not available for plflI1I'JÍng staff and/or an .outside referral agency to adequately evaluate and pro1¡ide written comments and !uggestioIl$ on the new or additional information prior to the scheduled public hearing then the Planning Commi$sion may vote to continue the petitioIL Thit. continuance shall allow sufficient time for all necessary reviev.&g parties to evaluate the new or additional information and provide "Written comments and guggestions to be included in a vnitten memorandum by planning staff to the Planning Comnússia~ The Pla»ning Commission shall consUlt with planning staff to determine if a continuance may be warranted. PoTENTù\.L OF NEED FOIl TRAFFIC ANALYSES .!\ND/OR TRAFFIC IMPACT STUDY 'The Roanoke County Planning Commission reserves the right to continue a Rezo~ Subdivision Waiver~ Public Street Waiver, or Special Use Pennit petition if the County ~fraffio Engineer or staff from the Virginia Department of Transportation requests further traffic: analyses and/or a traffic impact study that would be OOneficiaI in making a land use decision (Note: a list of potential land uses. and ..r:ituations that wou.ld necessitate filrther study is provided as pari 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 andJor suggestions to the planning staff and the Planning Commjs.sion. If a continuance is VfaITrmted. the applie;an.t will be notified of the continuance and the newly scheduled public hearing da.tey Rot~(,~ P ff'JrLìrJ A,I!. ~. M4-l--tN f)(3-I/El_o;P-'1/I-DÌ\.-T &::,,,-t.¡, Name of PIltItIOD ~s{u.-..t ( -/~...t,-I (/{)r'c!(./v,l. PetJtiaae"s Signature I lju / ~ )- bate ~r.::IJC"r.t ~..J S31 '\jI~-pç1a BS08lLLt3Þ9 Þs:eø g8BZ/BZ/9Ø B7/2D/2BB5 B4:45 54B7728B5B BALZER&AS~UC1AI~~ rH~L- '-'.&...r UL... <;-3 Lega\ Description for Tax Map Parcel Number 026.20-04-01.00 Beginning at a point now within the right-af-way of Peters Creek Road (Route 117) at the northeasterly corner of Lot 16, Brooklawn (Plat Book 3, Page 99), being the southeasterly corner of James Wallace Ca1es IJ (Deed Book 294, Page 48, Tax Map #026.20...04-01.00- 0000): thence with the easterly line of Lot 16 534 ~09'50'W, 322.48 feet to a point on the northerly right-of-way line of New1and Road (Route 1825), thence N46°1 0' 40rw r 91.49 feet to a point; thence a10ng a curve to the left having a radius of 239.99 feet. an arc distance of 143~57 feet, and a chord bearing N63°18'60n WI 141.43 feet to a po;nt at the southwesterly corner of Lot 14. 8rooklawn; thence leaving the right-of-way line of Newland Road and continuing with the westerly line of said Lot 14 N9°33IOQ'W. 200~OO feet to a point on the southerly line of James Wallace Cates 11 (Will Book 61 , Page 1071): thence with the southerly [ine of Cates and Lots 13. 12~ 11 & 10, Brook1awn, N800271W. 429.09 feet to a point at the northerly corner of Lots 9 & 10, Brooklawn and the easterly corner of Lot 15, uThe Wood1awns" Section 3{PJat Book 9, Page 55): thence with the northeasterly Jine of Lots 15 and 16 "The Woodlawn" and the line of Strauss Development Corporation (P1at Book 16, Page 9) N31°33'E. 730 feet to a point at the southwesteny comer of S1rauss Development Corporation (Plat Book 22, Page 153); thence with Strauss (P1at Book 22, Page 153) and the property of Jesse N. Jones, Jr. (Will Book 57, Page 454) N68°59'W. 1465.3 feet to a point now being in the right-of-way of Peters Creek Road (Rte. 117); thence N39°30'E , 297~3 feet to the point of beginning containing 11.58 acres and being Lots 14, 15 & 16 Brooklawn (Plat Book 3, Page 99) and the property of James Wallace Ca1es II (Will Book 61, Page 1071. Tax Map #026.20- 04-01.00-0000). LESS AND EXCEPT right-at-way taken by Commonwealth of VjrginIa aJong Peters Creek Road, State Route 117 as shown on plans entitJed uRoanoke County & City of Roanoke from: Int. Rte 11 (North of Roanoke) to: Int. Rte. 460 (In City of Roanoke)". Planning and Design Documents for: VILLAS OF THE VALLEY A PLANNED RESIDENTIAL RETIREMENT COMMUNITY ROANOKE COUNTY, VA HOLLINS MAGESTERIAL DISTRICT Prepared for: R. Fralin Development Corporation P.o. Box 6244 Christiansburg, VA 24068 Prepared by: Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, VA 24018 Project # R0500134.00 Date: June 24th, 2005 Revised July 12th 2005 Revised July 26th 2005 Revised September 15th, 2005 REFLECTING TOMORROW 'S--~ ..~ Balzer and Associates 1 s-] Table of Contents: I. Table of Contents Page 2 II. Introduction Page 3 III. Vicinity Map Page 4 IV. Site Summary Page 5 V. Existing Conditions Map Page 7 VI. Slope Analysis Map Page 8 VII. Site Design Guidelines Page 9 VIII. Architectural Requirements Page 12 IX. Master Plan Rendering Page 1 3 x. Architectural Renderings Page 14 XI. Adjacent Property Owners Page 16 Balzer and Associates 2 S~3 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 behveen 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 1,480 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 s-~ ...;; Vicinity Map: ././ . .~ ","'" \ ROANh¡(.E II Site Location Indicated in Black above, adjacent to Peters Creek Road. Balzer and Associates 4 S--3 VILLAS OF THE VALLEY DESIGN GUIDELINES SITE SUMMARY Site Data The site consists of tax parcel #'5 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-1 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. 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 residential lots 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. Balzer and Associates 5 ~ -- --"ì. ~ -' .,~ Buffer Yard A 15' buffer yard shall be established along the southern property line and 10' along the western property line adjacent to the entrance 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 Utilities Both water and sewer are available to the property and have been confirmed 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 offvalve on site where the connection will be made. The sewer service will be provided by extending an 8" sewer line from the sewer main located in the northwestern portion or the property. Both water and sewer services and easements will be designed and installed in accordance with the WVW A standards. Access Access to the property will be through Newland Road that currently serves the Brooklawn Subdivision. The maximum traffic generation from this site will be 390 trips per day based on 6 trips per residential unit. The trip generation information is based on the ITE Trip Generation Manual. Balzer and Associates 6 fV) t If) ~I~ un di. I I! I l~ .. lii~ Jill l fi.., Ii', ¡ IIi " m Sf!! . i Idl! I; hh! I tlh ~h~ II!! ili!! !I" !III! VINIÐI::II^ 'A..l.NnOa 3>10NVOI::I I OI t- ::2: CD ff ~ ~ s z z ~ !.? ~ ~ Vi z lC) ~~ Œ dI ~ SNOUJONOQ 8NIJ.SIX3 A3ll't^ 3H.l.::!O S\flll^ ~ f'.. ''"--. ""L,,--, ':~.~.~: ," .............. "\...'1 "" . <,-;~ / \ \ . \ \ I .~-..... ': ~! '~ . '. en " '.!:! ¡ -~~Y'} n Ii:! ¡~ :1\ " (Y) I V) 'tfINlm:M 'AiNnO:J 3~ON'tfOI:J I 0 ~ 0 --i SISA l'v'N'v' 3dOlS ('f) ~ !2 I 0 CO A3ll'v'^ 3H.l::/0 SV'lll^ ~ ::: "\ S-3 VILLAS OF THE VALLEY DESIGN GIDDELINES Site Desi!!D 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. Association 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. Parking and Internal Drives 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. Sidewalks and Trails Concrete or stamped concrete sidewalks will be provided to each unit tram the parking area serving that unit. The minimum sidewalk width shall be 3 feet. 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 of 3 feet wide. Landscaping and Buffers The ]5' landscaped buffer along the southern and western property line, along with the 10' buffer along the western property line adjacent to the entrance 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 Balzer and Associates 9 ,.-. ~- :-> ----.j 3 small trees for every 75'. Also required is a 6 ft evergreen screening and 2 large shrubs for every 10ft. 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 unifoffi1ly planted. Undulating benns a minimum of3 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. Each unit will be professionally landscaped with sufficient foundation landscaping and additional trees where sufficient growing space is available. Lot Size 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. Minimum Building Size The minimum building size shall be 1,150 sf for one story units (including the garage), and 1,408 sf for two story units. The minimum townhouse unit width shall be 22 feet. Maximum Building Height The maximum building height for the townhouse units is 45 ft. Accessory Buildings There will no accessory buildings pennitted for residential use. Setbacks There shall be no required setbacks for the units from intemallots, except that no group of townhomes shall be closer than 10 feet to any other group of town homes. Balzer and Associates 10 5---3 The minimum setback for any unit from 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 The minìmum 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. The only disturbance to the open space or preserved area will be the installation of the water, sanitary sewer, stonn sewer, and stonnwater management, and/or any other necessary utilities. The utilities will be installed with as little impact as possible. Lighting 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. Utilities All utilities shall be placed underground and all heat pumps and other appurtenances shall be screened from view from the front of the unit. Trash Collection Trash collection shall be can pick up. B alzer and Associ ates 11 Architectural Reauirements 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, except that the rear foundation wall of any unit shall have a minimum of a parged coating. Roofing shall be a minimum of an architectural style shingle. 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 sha1} be 3 feet. Balzer and Associates 12 S"-3 ~;/~,~.(-r~ ..,.' I I I I I I ¡ ,,-\, I , "'-'- ( \ : 0\\ ---~l) \ \\j " '. u__' . ,:z. \<:<' ("-'>¿~ ")- (Y) J> ~!IU~~ . I \f\NIÐeM'AlNnOa3>iON\fŒ:::I I ~ Hi! ~~I~ ; ! IR ~ J ! ~ ~i .. lii~ Jfll ¡ I!' 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G- --z - --l ~ ¡L 4 ~ S-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 27,2005 ORDINANCE TO REZONE APPROXIMATELY 9.95 ACRES FROM R-1, LOW DENSITY RESIDENTIAL DISTRICT, TO PRD, PLANNED RESIDENTIAL DEVELOPMENT WITH CONDITIONS, TO CONSTRUCT 60 TOWNHOMES AT A DENSITY NOT TO EXCEED 6.1 UNITS PER ACRE LOCATED NORTHWEST OF THE CORNER OF NEWLAND ROAD AND PETERS CREEK ROAD (TAX MAP NOS. 26.20- 4-1,2,3, AND 4), HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF R. FRALIN DEVELOPMENT CORPORATION WHEREAS, the first reading of this ordinance was held on July 26,2005, and the second reading and public hearing were held September 27, 2005; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 16, 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 fol[ows: 1. That the zoning classification of a certain tract of real estate containing approximately 9.95 acres, as described herein, and located northwest of the corner of Newland Road and Peters Creek Road (Tax Map Numbers 26.20-4-1.2,3, and 4) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of PRD, Planned Residential Development with conditions. 2. That this action is taken upon the application of R. Fralin Development 1 s·,-? -> Corporation. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The property shall be developed in substantial compliance with document titled "Villas of the Valley, A Planned Residential Retirement Community" prepared by Balzer and Associates, Inc. dated June 24,2005, revised July 12,2005 and revised July 26, 2005. (2) Not more than 60 total residential units shall be constructed on this site. (3) A fee simple donation of property or a storm water management easement for the creation of a regional storm water management facility shall be granted to the County of Roanoke. 4. That said real estate is more fully described as follows: Tax Map Nos. 26.20-4-1 , 2, 3, and 4 containing approximatery 9.95 acres 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 '.) '5 ~ \ Zoning \ _AG3 .tf _EP ~ ¡;~ 0 _AG1 (j ~ z ~ Ii ~ AR ~ ð ~ _AV ~<J" ~ $ C1 ø .C2 q, ( . C2CVOD 11 _12 ~ .PCD PRD .PTC R1 / R2 R3 R4 ~ RCL - Applicants Name: R. Fralin Development Corp. Existing Zoning: R-1 Proposed Zoníng: Rezoning Tax Map Number: 26.20-4-1,2,3 & 4 Magisterial District: Hollins Area: 9.95 Acres June 27, 2005 Scale: 1" = 200' Roanoke County Department of Community Development PETITIONER: REQUEST: PROPERTY: PROb-PERED CONDITIONS R. Fralin ))~veloprnent Corp. (ContraCt Purchaser) Rezoning from R..l Residential to PRÐ P1anned ~sidentia1 PROPERTY O\VN£R: James Wallace Cates, II 9..95 acrc:s -1"ax. Map #26.204-1.,2,3,4 1ñe follùwirig are proffered conditions for the abov~ referenced re2Dning request: 2. ~BllØ 39\1d 1. 3. The property $hall be developed in substantial compliance with document tided "Vinas ofÜJe Valley, A Plan1\ed R~sidential Retirement Conwunityt. prepared by Balzer and A,¡:¡OCi3te,. me. dB,têd June 24, 2005 J revised July 12, 2005. revised July 16.2005.. N'ot more than 60 tota.1 residential units shall be construcœd on this site. A fee sinlpJe donation of property or a stormwat~r management easement for the creation of a regional s-tormwater manas~ment facility shall be granted to the County of Roanoke. -ItkdL S31~I~~~~3Z1~a (3~øaZ;LL0Þ~ Q~:77 C~~7JCTJQ~ S-3 ~