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Home My WebLink About10/25/2005 - Regular Roanoke County Board of Supervisors Agenda October 25, 2005 Good afternoon and welcome to our meeting for October 25, 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 Adrian Dowell Shiloh Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS D. BRIEFINGS E. NEW BUSINESS 1. Request to appropriate funds in the amount of $1,800 for the purchase and installation of a Delaney Court Community neighborhood sign. (Elmer C. Hodge, County Adm inistrator) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1 1. First reading of an ordinance to rezone 1.3014 acres from C-1, Office District, and .0786 acres from C2C, General Commercial District with Conditions, to C-2C, General Commercial District with Conditions, and to obtain a special use perm it for the construction of a fast food restaurant with drive-thru located at 3814 Challenger Avenue, Hollins Magisterial District, upon the petition of Grant Avenue Development, Inc. G. FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing conveyance of a permanent easement to the Virginia Department of Transportation (VDOT) for improvements to State Highway Route 0651, Mountain View Road, Vinton Magisterial District. (Joseph B. Obenshain, Senior Assistant County Attorney) H. SECOND READING OF ORDINANCES I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) 2. 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 - October 11, 2005 2. Resolution of appreciation upon the retirement of Rebecca R. Cramer, Social Services Department, after twenty-five years of service. 3. Request from the schools to accept and appropriate dual enrollment revenues in the amount of $100 4. Request from the Police Department to accept and appropriate funds from three Division of Motor Vehicle grants in the amount of $25,500 5. Request to accept and appropriate a grant in the amount of $31 ,861 on behalf of RADAR for Section 5311 Monies 2 6. Confirmation of appointment to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Future Capital Projects 5. Accounts Paid - September 2005 6. Statement of expenditures and estimated and actual revenues for the month ended September 30,2005 7. Statement of Treasurer's accountability per investment and portfolio policy as of September 30,2005 8. Public Safety Center Building Project Budget Report 9. Public Safety Center Building Project Change Order Report 10. Jail Study Costs Report 11. Report of claims activity for the self-insurance program for the period ended September 30,2005 12. Report from the Virginia Department of Transportation (VDOT) of changes to the secondary road system in September 2005. 13. Proclamation declaring October 23 - 30, 2005 as Red Ribbon Week in the County of Roanoke O. CLOSED MEETING 3 P. WORK SESSIONS (Training Room - 4th floor) 1. Work session with legislative liaison to consider adoption of a resolution for a legislative program for the 2006 Session of the Virginia General Assembly. (Paul Mahoney, County Attorney) EVENING SESSION Q. CERTIFICATION RESOLUTION R. NEW BUSINESS 1. Resolution adopting a legislative program for the 2006 session of the Virginia General Assembly and petitioning the General Assembly to favorably consider the topics and issues addressed therein. (Paul Mahoney, County Attorney) S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Withdrawn at the reQuest of the petitioner. Second 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. (Janet Scheid, Chief Planner) 2. Second 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. (Janet Scheid, Chief Planner) 3. Second reading of an ordinance to rezone approximately 9.95 acres from R- 1, Low Density Residential District, to PRD, 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) 4. 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) 4 5. Second 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(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 upon the petition of the Board of Supervisors. (Paul Mahoney, County Attorney) 6. Second reading of an ordinance to amend the Roanoke County Code by the addition of Article III. "Adult Businesses" to Chapter 13. "Offenses - Miscellaneous". (Paul Mahoney, County Attorney) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Richard C. Flora 2. Joseph P. McNamara 3. Joseph B. "Butch" Church 4. Michael A. Wray 5. Michael W. Altizer v. ADJOURNMENT 5 ACTION NO. ITEM NO. [-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 Request to appropriate funds in the amount of $1,800 for the purchase and installation of a Delaney Court Community neighborhood sign Elmer Hodge EI/ County Administrator AGENDA ITEM: SUBMITTED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Earlier this year, residents of the Delaney Court neighborhood in eastern Roanoke County began working with staff to find an appropriate location for a neighborhood sign. Long-time resident, Mrs. Jackie Robinson, expressed her hopes that the community could agree on a location and design for a neighborhood sign and that such a sign would not only identify the neighborhood but also generate community pride. Staff met several times with Mrs. Robinson and her neighbors, visited potential sites, discussed alternatives, and earlier this month the community agreed on a location and design. The sign location is on private property at the site of the old community church. This location does not involve VDOT right-of-way, is easily seen from Rutrough Road, and can meet zoning ordinance requirements. The property owners will be required to obtain a Roanoke County sign permit and will be responsible for the long-term maintenance of the sign. Roanoke County has assisted other communities with the purchase and installation of neighborhood signs, and this appropriation is in keeping with our past practice. Examples include the Clearbrook Community and North Lakes neighborhood signs. The "Welcome to Historic Delaney Court - A Family Community" sign will be a beautiful addition to this neigh borhood. 1 S- - J FISCAL IMPACT: The cost of the sign, including installation, is $1,800. ALTERNATIVES: 1. Appropriate funds in the amount of $1,800 from the Board Contingency Fund for the cost of the sign and installation. 2. Appropriate funds in the amount of $1,800 from the year-end balance. 2 · . ACTION NO. ITEM NO. ~I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances - consent agenda SUBMITTED BY: Janet Scheid Chief Planner APPROVED BY: Elmer C. Hodge £t.\ County Administrator COUNTY ADMINISTRATOR'S 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 actíons; 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 November 15. 2005. The titles of these ordinances are as follows: 1. The petition of Grant Avenue Development, Inc. to rezone 1.3014 acres from C-1, Office District, and .0786 acres from C2C, General Commercial District with Conditions, to C-2C, General Commercial District with Conditions, and to obtain a special use permit for the construction of a fast food restaurant with drive-thru located at 3814 Challenger Avenue, Hollins Magisterial District. Maps are attached. More detailed information is available in the Clerk's Office. 1 F - r 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 November 15. 2005. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. 2 Sep 21 05 02:34p Ra::;, Edwards 828-898-3IHti f-'..::> County of Roarruke Community Development PJannil1g & Zoning ~-uo«' ." ') ~ ~ \x9 .For St::JIJ I)s!: Onl ~- 5204 Bernard Drive POBox 29800 Roanoke. V A 24018-0798 (540) ï72·2D68 FAX 776-7] 55 D,.k ~<:~<:j ...~d: ~ l::J-:;¿ I. ~ ì/~ { Applicatio" ¡à, R"ccivcd by: rcmz" ,Lite: Pbciltds 1S"\lcd: BOS dul<:, Casc Number () ~ Check type of applicatíon fiJed (check ;¡lIlbat apply) ~ë:zol)ing U Special Use U Vül;!lnce App!íc:ants name/address w/zip Grant Avenue Development, ne. CONTACT: EdwQrd A. Natt, Esq. j140 Chaparral Dr.. Suite 200-C, Roanoke, VA U Waiver U Adm.inistmtiv~ Appeal Phone: WDrk: Cell #: Fë!xNo.: 72 5-8 180 774-0961 Owner's name/address w/zip Ray and Sallie Edwards Real Estate Limited Partnershjp CONTACT: Edward A. Natt, Esq. 3140 ChaparraL Ur., Suite 200-C, Roanoke, VA Phon~ #: Work: Fa!':. No. it: 725-8180 77l-0961 Property Location MagisteliaJ Džstnct: Ho I ins 3814 Challenger Avenue COlTIlTIunity Pbn'ting area: Ho I I ins Tax Map No.: 050.05-01-19.00 Ex,í;;ting ZDning: C-1 Size ofpilIcel(s): Acres: 1. 3B acres Exisling Land Usc: Vacant ¡·:æ~~gj~~~~í.~\:¡~~~tJ.f~~~~!~?È~;fk¿{Þ~~~:~lk~!~~Wt~·®~~mJ;;:~...¡:·~,,:·:.!¡~~';1;:·\·ii'!::;¡::::.";¡;:1¡ï!i'..¡¡'[!·j:..¡:/·!.·.:·..:i¡;.¡.:'1.··1.;)";;,.··!:..·.':. Propo~ed Zoning; C-Z-C Proposed LaJJd Use: Arby's Fast Food Restaurant w/drive-thru window ~ the pared meet the rn.inirnum lot area, widlb, and front[lge requiremeo1s of the requcsled dis1Jic:t? Yes No IF NO, A VARIANCE IS REQUIRED fIRST. o~ the pílJcc:J meet the mirumwn <::riteria for the requesled Use Type'?@ No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with thís request? Yes No [{W@~$~qgl:1t~Wl*';~f1¥~lì~(~t~;K0:k0~l~Æ@1*;;ñ:~~í!!0~~tjh?W:~t(~~~:~::j;\;!:::~..·r[:¡:·:;·:\..·:)::'i';tr:.¡::..:j··:\:';l¡;¡~·¡: .: ... . ;:; :~;:_;~:;::: .:;:j~:..' ".'-' VariaJ)c:~IWa.i\l~r of S~ction(s) of the. Roanoke. Cou.nty Zorung Ordinance in order tD: Appeal of Zoning Administrator' s d~c:¡siol\ to AppeaJ of Interprelatìoll of Se:ction(s): AppeaJ of Interpretation of Zoning Map to of the Roan.oke COLlnty Zoning Ordinançe Is the application r::ompJete? Ple.ase ch~ck ifem:lose.d. APPLICATION WILL NOT BE ACCEPTED IF A'NY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RiSIW V{AA RiS¡W V/AA R/SfW V/AA 00 Consultillion E§j 8 If1")t I]" L;unct<ptphm ~ Appheatil1n fel: X Applícatíon M.:t~s aAd bounds t.I::scription Proffers, if appJicable Justifie:!tion Walcr ¡¡¡¡J sewer appljc:.lio,) Adjoining property owner; ¡ hereby Ç(;¡tjfy tbat I am either tbe ow¡¡~r oftb~ property or tJ¡~ owner's a ~e¡¡t orCOIJtr.!cl purchas::r and am actin\! with the knowl~dge:!D<.J copsent offuoown". M: ~I~~ATE LIMITED PARTNERSHIP . . BY . ~. /1/¡JIÝ%"EK Owner s SIL.'D~ture CRANT E DE\lEJ.J:JA'vENT, IN:.· - BY: , APPL I CANf (- '\- " JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT OR WAIVER REQUEST Applicant GRANT AVENUE DEVELOPMENT, INC. The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possibJe. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The property is located in the Transition Land Use designation which provides for the proposed use. The proposed use is consistent with similar uses in the Route 460 area. The proposed access off of West Ruritan Road limits entrances and exits on Route 460 while providing for a reasonab1e development of the property presently fronting on Route 460. There is no existing crossover at West Ruritan Road which provides access. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The project conforms to the general guidelines and policies contained in the Roanoke County Community Plan in that it provides for a reasonable commercial use of property on a road with an appropriate traffic count. The use does not encroach ínto any other land use designatíons and, thus, is consrstent with the County's Comprehensive Plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including waterlsewer, roads, schools, parkslrecreation and fire and rescue. The request for the rezoning witl have no negative impact on the public services and facilities within the area. \'JOLL Y\SYS\USERS\CBaumgardner\zON ING\Grant A ve-S PU-R EZ Challenger'JUSTIFI CA TrON-R EZ,doc 1-~ JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT OR WAIVER REQUEST Applicant GRANT AVENUE DEVELOPMENT, INC. The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The property is being rezoned to C-2-C under the County's Zoning Ordinance and is in a land use designation area which would provide for restaurants. The purpose of the Special Use Permit is to allow for a drive-thru lane on the property similar to other restaurant uses within close proximity. The proposed Special Use Permít does conform to the County's Land Use Plan. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The project conforms to the general guidelines and policies contained in the Roanoke County Community Plan in that it provides for a reasonable commercial use of property on a road with an appropriate traffic count. The use does not encroach into any other land use designations and, thus, is consistent wjth the County's Comprehensive Plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The request for the Special Use Permit will have no negative impact on the public services and facilities within the area. F:\USER S\CBaulT1gardner\ZONING\Grant A ve-S PU-REZ ChallengerUU STIF ICA TION-SPU. doc SEP-1S-20ØS 16:22 OSTERHOUDT PRILLAf1AN r·JATT 540 772 0126 P.04 ~-~ J PROFFERS Address of Subject Propertv: 3814 Challenger Avenue Hollins Magisterial District Roanoke County Tax Map No.: 050.05-01-19.00 Applicanes Name: Grant Avenue Development Inc. Owners: Ray and Sallie Edwards Real Estate Limited Partnership PROFFERS The undersigned owner does hereby proffer the fo1lowing conditions in conjunction with the rezoning request: 1. The subject property will be developed in substantial conformity with the "Concept Plan for GRANT AVENUE DEVELOPMENT Requesting the Rezoning and Special Use Permit of Parcel C-1 to Construct AN ARBY'S RESTAURANT," prepared by T. P. Parker & Son, Engineers, Surveyors and Planners, under date of Augusi 30, 2005~ revised September 22, 2005. Applicant: GRANTJ}.N,UE ~~. BY ýJ v,jJ · Its }J P-.J Owner: RAY AND SALLIE EDWARDS REAL ESTATE LIMITED PARTNERSHrp BY Its F :\U SE.R S\C Baurn¡¡ardner'ZONING\Gr3n1 Ave-SPU·REZ ChallenSjer\PR OF FE RS .doc Sep 21 05 02:35p Ra~ Edwards 828-898-3818 p."t f -- ( PROFFERS Address of Sub/ect Property: 3814 Challenger Avenue Hollins Magisterial District Roanoke County Tax Map No_: 050.05-01-19. DO Applicant's Name: Grant Avenue Development, Inc. Owners: Ray and Sallie Edwards Real Estate Limited Partnership PROFFERS The undersigned owner does hereby proffer the following conditions in cDnjunction with the rezoníng request: 1. The subject property will be developed in substantial conformity with the "Concept Plan for GRANT AVENUE DEVELOPMENT Requesting the Rezoning and Spedal Use Permit of Parcel C-1 to Construct AN ARBY'S RESTAURANT" prepared by T. P. Parker & Son, Engineers, Surveyors and Planners, under date of August 30,2005, revised September 22, 2005. Applicant: GRANT AVENUE DEVELOPMENT, INC. BY Its Owner: RAY AND SALLIE EDWARDS REAL ES ATE LIMITED PARTNERSHIP BY F :\USERSICBaumgardnerI20NINGIGral1t A.¡e-SPU-REZ Cha/lengerlPROF FER 5,dDC SEP-15-2005 16:23 OSTERHOUDT PR] LLAr1A~~ t~ATT 540 772 0126 P.07 ~ - f ADJOINING PROPERTY OWNER LISTING Tax Map No.: 050.05-01-19.00 3814 ChalJenger Avenue Applicant:: Grant Avenue Development, Inc. Owner: Ray and Sallie Edwards Real Estate Limited Partnership Contract Purchaser: Grant Avenue Development¡ Inc. ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: COUNTY OF ROANOKE Official Tax Number I Property Address Owner's Name and Mailinq Address 050.01-01-02.04 3801 Challenger Avenue Bank of Botetourt c/o Meade StuJl P. O. Box 339 Buchanan, VA 24066 050.01-01-03.00 3911 Challenger Avenue Thomas Frederick Davis Patricia Gail Swortzel 2343 Sourwood Street Roanoke,VA 24012 050.01-01-04.00 3909 Challenger Avenue James L & Patricia D. Swortzel 3909 ChalJenger Avenue Roanoke, VA 24012 050.05-01 ~06. 00 1423 West Ruritan Road James F. & Juanita M. Fisher 1171 Wild Turkey Run Vinton, VA 24179 050.05-01-18.00 1430 West Ruritan Road Charles L. McGhee 4127 Mockingbîrd Hill Roanoke, VA 24012 F:\USERS\Caaumgardn~r\ZONING\Grant Ave-Spu-F<: ËZ Chall!:ngerIAPD.doc Augus! 31. 2DOS Page 1 or 2 SEP-1S-2005 16:23 OS TERHOUDT PR 1 LLA~1AN t·~ATT COUNTY QF ROANOKE Official Tax Number I Property Address Owner's Name and Mai1in9 Address 050.05-01-20.00 3806 Challenger Avenue A Cleaner World RWE Properties LLC 2334 English Road High Point, NC 27262 F:\U~ERS\Caaul"T1gardnêr\ZONlNG\Grant Av~PU-REZ Ch3JJeng~MPO,doc Augu~t 31, 2QQS 540 772 0126 P.0B .~ ..... Page 2 or 2 :lpS Paae 1 of C;) ç -I t - j LEGAL DESCRIPTION BEGINNING at a point on the westerly line of West Ruritan Road (VA Sec Rte #610); said point being the southeast corner of the property of Charles R. McGhee (Tax No. 50.05-01-18); thence with the westerly line of West Ruritan Road S. 35° 42' 32" East 148.88 feet to a point; thence N. 54° 21' 30" East 6 feet to a point; thence S. 35° 38' 10" East 15 feet to a point; thence S. 54° 21' 50" West 7 feet to a point; thence S. 31 ° 18' 32" East 72.04 feet to a point at the intersection ofthe westerly line of West Ruritan Road and the northerly right of way line of US Route 460 (Challenger Avenue); thence with the same and with a curve line to the right having a chord bearing and distance of S. 15° 53' 12" West 36.04 feet, an arc distance of 37.04 to a point; thence continuing with the northerly right of way line of US Route 460 with a curve line to the right having a chord bearing and distance of S. 38° 54' 28" West 152.82 feet, an arc distance of 152.84 feet to a point on the northerly line of the property ofRWE Properties, LLC (Tax No. 50.05-01- 20); thence with the same N. 53° 45' 08" West 50 feet to a point; thence S. 36° 14' 52" West 4 feet to a point; thence N. 53° 45' 08" West 230.71 feet to a point on the southerly line of the above mentioned property of Charles R. McGhee; thence with the same N. 47° 24' 00" East 274.89 feet to the point and place of BEGINNING. F:\U SER S\C Baumgardner\ZONING\Grant Ave-S PU-REZ Challet1ger\LEGA L.doc Ij-14/ ~ -- \ i , . 5 LINES OF', , 8 INCH' CHANGE COp"y :: 'LETTERS ~" , ." . . . .' , RíE 'L{bD . lZoAoD E L.t:~ , ' , B~¡v..1 . ¡~LeV;'71wJ ...........-...'..............._. J~;m........ --w-.--_ .. -~- ..-----. ..~~ BelZl'I-t 0 ',E3t~V ' !1 í EfJtJs ... .. . -..' .... C.'R.DSS SECìlCtJ ,V,È\/.J ,FRD~Jl" RtE 'Lf b'D ' 'r\ ~. Signage Program , ' .- . .i ~/):ieskin Sign#Om~a·'nY·.' '. ",;:~,:- ..~ ~. ": -:.: > . ' ~ _ ,<,_~, >~39~~. ~Imon Road~YøUngs,~~Wri. <:'~~D_4.4~~212161 '183:24 7D ' ,:' ~ . r . .. ~ .- -. - :.: F=- , ~ b' I· ..~ ...... I: . .... :I'" :: .; 113 ~ :!", =- ~ ~ ¡ ~ ~~~ "5 ~ ~ g ~ I ~mi fi h I ~~ g !i ~ Ih i ~e ! !i ~ ~: ..; loiR ~ &~ !~IB ~H ~~ ¿ I:a 1I~¡¡¡Þ:~dl!' æ~ ~ ~~ I ~ ~~ ! ~I! 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I:z:I I.o..I&lN ~ 0.: o¡!:~~ ;; gt ~ffi ~ ~ i!i~~~uièj'; "' ...8lj~¡:¡ ~i5¡;~~QCII l-:h",~~!:1 ¡¡ ¡!:u,¡¡..,J: ~~:~~ii agj¡: ..""I ~ãI5[!!¡CII~~ e,zê;§S",o a::L..I¡::(a¡;¡;;;lZI¡;¡: "I""'¡:;~" ~!l[ñ õ¡¡~ ;:.. I"1-!:jlijöj';!!!9 ~i~~ziB~ :¡/~2 ¡,¡~"""15 !5Fi..,,,,"!i1 ~ n 15 Þ'.. ~ rL.,:F~~~ri~ h.;ç g~@ ;!"þ~ ,.¡ "'"!;¡ <J~~ ~¡¡£j a \" > Zoning. _AG3 _EP _ AG1 '" AR ~ _AV C1 .C2 _ C2CVOO 11 12 .PCD / PRD [:-~] PTD R1 R2 R3 "'- R4 - Streel CÐnlerlinos - Applicants Name: Grant Avenue Development, Inc. Existing Zoning: C1 Proposed Zoning: C2C Tax Map Number: 50.05-1-19 Magisterial District: Hollins Area: 1.38 Acres September 27, 2005 1 inch equals 200 feel Roanoke County Department of Community Development ACTION NO. ITEM NO. G -I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: First reading of an ordinance authorizing conveyance of a permanent easement to the Virginia Department of Transportation (VDOT) for improvements to State Highway Route 0651, Mountain View Road, Vinton Magisterial District SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney APPROVED BY: Elmer C. HodgefU County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Transportation (VDOT) of the Commonwealth of Virginia is currently obtaining right-of-way and easements in anticipation of work to widen or improve Mountain View Road, State Highway Route 0651, from the Vinton Town Limits to 0.12 miles west of Route 1075 in the Vinton Magisterial District of Roanoke County. VDOT's design documents for this project on Sheet No.5, Project 0651-080-305-C501, show the need for a small area to be conveyed as a permanent easement to VDOT for construction and maintenance of the new road location on property maintained by the County's Department of Parks, Recreation and Tourism. The proposed ordinance would authorize the conveyance to VDOT of a permanent easement for a small area containing 0.056 acres, more or less, as outlined in green on Sheet No. 5 of the design drawings for the Mountain View Road improvements project. This conveyance will not interfere with the use of the County's property by the Parks Department. Further, VDOT's plans have been reviewed by the Roanoke Valley Greenways Coordinator to insure that these plans will accommodate the Wolf Creek Greenway. The Department of Community Development has also reviewed these plans. ~ -I FISCAL IMPACT: No fiscal impact to Roanoke County is anticipated. ALTERNATIVES: 1. Adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for conveyance of the permanent easement of Roanoke County property as requested by Virginia Department of Transportation (VDOT). 2. Decline to adopt the proposed ordinance, STAFF RECOMMENDATION: County staff recommends that the Board of Supervisors adopt the proposed ordinance as provided in Alternative 1 . c;.... AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25,2005 ORDINANCE AUTHORIZING CONVEYANCE OF A PERMANENT EASEMENT TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FOR IMPROVEMENTS TO STATE HIGHWAY ROUTE 0651, MOUNTAIN VIEW ROAD, IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, in order for improvements to be constructed to Mountain View Road, State Highway Route 0651, a part of the state secondary road system, the Virginia Department of Transportation (VDOT) requires that a small portion of land, containing 0.056 acre, more or less, be conveyed as a permanent easement for execution and maintenance of the work; and, WHEREAS, VDOT requires conveyance to the Commonwealth of Virginia of the right and easement to use the areas containing 0.056 acre, more or less, as shown outlined in GREEN on Sheet No. 5 of the design plans for this road project, which property was conveyed to the Board of Supervisors of Roanoke County, Virginia, by deed recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1176, page 93; and, WHEREAS, it will serve the interests of the public to have Mountain View Road widened and improved as a part of the state secondary road system and this conveyance, will not interfere with other public services and is acceptable to the affected Roanoke County departments. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by G~', ( ordinance. A first reading of this ordinance was held on October 25, 2005, and the second reading was held on November 15, 2005. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for widening and improvement of Mountain View Road, designated as State Highway Route 0651 of the state secondary road system of the Commonwealth of Virginia, Virginia Department of Transportation (VDOT). 3. That conveyance to the Commonwealth of Virginia of that portion of real estate as shown outlined in GREEN on Sheet NO.5 of Project 0651-080-305-C501, containing 0.056 acre, more or less, conveyed to the Board of Supervisors of Roanoke County, Virginia, by deed recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1176, page 93, Tax map # 61.02-1-53, is hereby authorized. 4. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. 2 ACTION NO. ITEM NO. - --L ,- ? "'-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) The four-year term of Ralph Henry will expire on October 28, 2005. Mr. Henry 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. 2. Grievance Panel The three-year term of King Harvey, alternate member, is vacant due to Mr. Harvey's recent appointment as a full member of the Grievance Panel. This term will expire on October 28, 2006. Joe Sgroi, Director of Human Resources, has been asked to provide nominees for this alternate position. J 1-10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 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 October 25, 2005, designated as Item J - Consent Agenda be, and hereby IS, approved and concurred in as to each item separately set forth ìn said section designated Items 1 through 6, inclusive, as follows: 1. Approval of minutes - October 11, 2005 2. Resolution of appreciation upon the retirement of Rebecca R. Cramer, Social Services Department, after twenty-five years of service. 3. Request from the schools to accept and appropriate dual enrollment revenues in the amount of $100 4. Request from the Polìce Department to accept and appropriate funds from three Division of Motor Vehicle grants in the amount of $25,500 5. Request to accept and appropriate a grant in the amount of $31,861 on behalf of RADAR for Section 5311 Monies 6. Confirmation of appointment to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. 1 ACTION NO. ITEM NO. :J-Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Resolution of appreciation upon the retirement of Rebecca R. Cramer, Social Services Department, following twenty-five years of service SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board Elmer C. Hodge [II County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Ms. Cramer retired on October 1, 2005, following twenty-five years of service. She has requested that her resolution be mailed since she will be unable to attend a Board meeting. STAFF RECOMMENDATION: It is recommended that the Board approve the attached resolution and direct the Deputy Clerk to mail it to Ms. Cramer with the appreciation of the Board members for her service to the County. ~ J '~-c:) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25,2005 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF REBECCA R. CRAMER, SOCIAL SERVICES DEPARTMENT, AFTER TWENTY -FIVE YEARS OF SERVICE WHEREAS, Rebecca R. Cramer was first employed by Roanoke County on March 31, 1980, in the Social Services Department; and served as a senior eligibility worker; and WHEREAS, Ms. Cramer retired from Roanoke County on October 1, 2005, after twenty-five years and six months of service; and WHEREAS, Ms. Cramer consistently strived to meet the financial needs of the elderly population, concentrating on those customers who were in adult care or nursing home facilities; and WHEREAS, Ms. Cramer had the compassion and the special skills necessary to collaboratively work with the elderly and their families to ensure the elderly person's safety and that their daily living needs were being met; and WHEREAS, Ms. Cramer, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to REBECCA R. CRAMER for more than twenty-five years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. ACTION NO. ITEM NO. ~-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25; 2005 AGENDA ITEM: Request from school to accept and appropriate dual enrollment revenues in the amount of $100 SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent APPROVED BY: Elmer C. Hodge EN County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools and Virginia Western Community College (VWCC) 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 $100.00 for services rendered. FISCAL IMPACT: The instructional budget will be increased by $100. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends that the reimbursement of $100.00 by VWCC be appropriated to the instructional program. ACTION NO. ITEM NO. J-L1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Request from the Police Department to accept and appropriate funds from three Division of Motor Vehicle grants in the amount of $25,500 SUBMITTED BY: James R. Lavinder Chief of Police Elmer C. Hodge, Jr. é/l County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following three grants from the Division of Motor Vehicles have been awarded to the Roanoke County Police Department: · Grant in the amount of $8,500 that will be used to purchase small equipment for conducting traffic investigations. This equipment will support the Police Department's efforts in working with the Blue Ridge Regional Crash Investigation Team. This grant requires matching funds in the amount of $2,125, and these funds are available in the Police Department budget. · Mini-grant in the amount of $5,000 that will be used to pay officers overtime to patrol Interstate 81 to enforce traffic laws, and to apprehend aggressive and under the influence drivers. This grant will be used over the next twelve month period and will be used to support the Police Department's efforts in reducing aggressive drivers on 1-81. There is no fiscal impact and no matching funds are required for this grant. · Mini-grant in the amount of $12,000 that will be used to pay officers overtime to conduct DUI check points in Roanoke County. This grant will be used over the next twelve month period, and will support the Police Department's efforts in reducing drivers operating motor vehicles while under the influence of alcohol. This grant requires .'-" 0-4 matching funds in the amount of $3,000, and funds are available in the Police Department budget for this purpose. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of three Division of Motor Vehicle grants in the amount of $25,500 to the Police Department budget, as detailed above. 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: October 25, 2005 AGENDA ITEM: Request to accept and appropriate a grant in the amount of $31,861 on behalf of RADAR for Section 5311 Monies SUBMITTED BY: John M. Chambliss, Jr. Assistant County Administrator APPROVED BY: Elmer C. Hodge éll County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Unified Human Transportation Services (RADAR), who operates the CORTRAN program on behalf of Roanoke County, has been advised by the Commonwealth of Virginia's Department of Rail and Public Transportation that they will receive $31 ,861 in Section 5311 operating monies which is used to offset operating costs for the CORTRAN program in the rural areas of Roanoke County. RADAR monitors the request for service and offsets our operating expenses for qualified rides provided by the program. FISCAL IMPACT: No new local monies are required for this grant. The operating money for the County's CORTRAN program serves as the match for the 5311 monies. STAFF RECOMMENDATION: Staff recommends acceptance and approval of this grant and the appropriation of the monies so that they may be used by RADAR. t:!V!)~.'...."j~i'ai..d1m. '. 53\ \ ,... .'..... ....",....\l . ". ..i.... ii.:. .......' .. -R~ I Pu.hk. Jra'V1S'~ J"..f¡ --- September 16. 2005 Mr. John Chambliss County of Roanoke - CORTRAN P.O. Box 29800 Roanoke, Virginia 24019 Dear John: Please fmd enclosed two copies of the "Project Agreement For Use Of Commonwealth Mass Transit Funds For Fiscal Year 2006. As you are aware these funds are used to provide public transit in the rural areas of Roanoke County through the CORTRAN program. This is the same agreement that we have used for the past several years. The Department of Rail and Public Transportation has asked that this agreement be executed and returned within sixty days. Upon executing of this agreement please return both copies to my office and I will forward it to the Department of Rail and Public Transportation. If you have any questions concerning this request, please feel free to contact me. . s A. Andrews Executive Director caa: Enclosure Unified Human Transportation Services, Inc. PO, Box 13825 Roanoke, Virginia 24037 Phone: (540) 343-1721 -(800) 964-5707 Fax: (540) 344-6216 EMail: uhsts@roanoke,infLnet 0--- 5 fit~ "£ i'¡¡;~ :;;;. {tÎi -~,,;:,~-~;,~,;~ .,~ ~;t' ~'"' ,.,-á"~.t~'¡"" '(~~'}~K#t COMMONWEALTH of VIR KAREN J. RAE DIRECTOR DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION 1313 EAST MAIN STREET. SUITE 300 P.O. BOX 590 RICHMOND, VA 23218-0590 September 12,2005 FY2006 Project Agreement For Use of Commonwealth Mass Transit Funds Mr. Curtis Andrews RADAR P.O. Box 13825 Roanoke, V~a24037 Dear Curtis: I am pleased to enclose for your execution two copies of a "Project Agreement For Use Of Commonwealth Mass Transit Funds Fiscal Year 2006." The Project Agreement incorporates the Master Agreement and serves as your authority to spend grant funds approved by the Commonwealth Transportation Board for the projects during the time periods specified. The Department has executed the project agreement Please review both agreements carefully before signing. For the Project Agreement verify the budget and amounts of state and local assistance. Complete execution by having both copies of each agreement signed. Retain one copy of each agreement for your records and return the other copy to: Mr. Jack Apostolides Virginia Department of Rail and Public Transportation P.O. Box 590 Richmond, Virginia 23218 The agreements must be executed and returned to this office within 60 days of the date of this letter or DRPT may withdraw its offer of financial assistance. Please note that all grants have a project time period specified. It is our intention to close all grants at the end of the project time period after which funds will no longer be available under the grants. Project time periods can be extended only by an amendment to the Project Agreement. Invoicing instructions will follow. If you have any questions regarding the agreements, please contact Jack Apostolides at (804) 786-1722. Sincerely, Darrel M. Feasel, err A Rural Transit Section Manager Leading Virginia To Greater Mobility J--5 Project Agreement for Use Of Commonwealth Transportation Funds Fiscal Year 2006 The Commonwealth of Virginia, Department of Rail and Public Transportation, here after referred to as the DEPARTMENT, and the County of Roanoke (UHSTS - RADAR) , here after referred to as the GRANTEE, enter into this Project Agreement dated October 1. 2005. The parties hereby agree to incorporate the Master Agreement for Use of Commonwealth Transportation Funds, dated July 1, 2001, as if set out in full herein. The Project Agreement Summary(s) and Budget(s) agreed to by the parties is set out in Appendix(es) C-1 . In no event shall the DEPARTMENT grant pursuant to this Project Agreement exceed $31,861. IN WITNESS whereof, the DEPARTMENT and the GRANTEE executed this Project Agreement effective on the day and y bove written. By: By: ;!~o ~ / WITNESS: Director, Commonwealth of Virginia Department of Rail and Public Transportation By: By: Gen~ Title: Grantee: County of Roanoke --... ù~5 Appendix C-1 Formula Assistance Grantee Recipient: County of Roanoke for (RADAR) FORMULA ASSISTANCE PAYMENT SCHEDULE Project Start Date: October 1, 2005 Project Expiration Date: December 30, 2006 EIN: Proj. # 541003310 (RADAR) 72006-23 Payment No. Payment Processing Date Payment Amount 1 October 15, 2005 $28,675.00 2 FINAL $3,186.00 TOTAL $31,861.00 The processing for each payment is initiated on the payment processing date. The final payment will be processed when a signed copy of the Final Eligibílity Report is received by the Department of Rail and Public Transportation. The Final Eligibility Report must be submitted no later than December 31, 2006. ACTION NO. ITEM NO. :J-w AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Confirmation of appointment to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) At the October 11, 2005, Board meeting, Supervisor Altizer requested that the Clerk contact Mr. Ralph Henry to determine if he was willing to serve an additional four-year term which would expire on October 28, 2009. Mr. Henry advised that he would like to serve an additional term and confirmation of his appointment has been placed on the consent agenda. It is recommended that the above confirmation of the appointment to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) be confirmed. N, \ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Unaudited Balance at June 30, 2005 Amount $11,808,285 % of General Fund Revenues 7.57% Unallocated revenue 2005-2006 350,000 Balance at October 25, 2005 12,158,285 7.79% Note: On December 21 , 2004, the Board of Supervisors adopted a policy to maintain the General Fund Unappropriated Balance for 2005-06 at a range of 7.5%-8.5% of General Fund Revenues 2005 - 2006 General Fund Revenues $156,020,489 7.5% of General Fund Revenues $11,701,537 8.5% of General Fund Revenues $13,261,742 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge [II County Administrator N-d 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 9/27/2005 Appropriation for renovations to Roanoke County Courthouse (123,000.00) Balance at October 25. 2005 $4,943,308.06 $5,000,000 of this reserve is planned for radio purchases in the CIP Major County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opporlunities.) 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 October 25,2005 $0.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge Ell County Administrator N <3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2005-2006 Original Budget $100,000.00 August 9, 2005 Appropriation for Legislative Liaison ($15,000.00) September 13, 2005 Appropriation for donation to American Red Cross ($10,000.00) for assistance with Hurricane Katrina Balance at October 25, 2005 $75,000.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge [II County Administrator N-Y FUTURE CAPITAL PROJECTS COUNTY OF ROANOKE, VIRGINIA Unaudited Balance at June 30, 2005 FY 2005-2006 Original budget appropriation Less ìncrease in debt servÎce Add Economic Development Dropoff FY 2005-2006 Annual Capital Contribution County Schools Balance at October 25, 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 (II County Administrator ACTION NO. ITEM NO. ~-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Accounts Paid-September 2005 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: Elmer C. Hodge Ell County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ $ $ 5,141,832.47 Payroll 9/9/2005 877,811.33 126,316.56 1,004,127.89 Payroll 9/23/2005 863,583.00 122,741.23 986,324.23 Manual Checks 4,255.01 4,255.01 Voids Grand Total $ 7,136,539.60 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. N-lo V) § '£1 a-, , ~ 0 V '£1 N a-, 00 0 '£1 0 >D a-, 0 a-, 00 N >D ...... a-, ...... V "" >D ...... V 0 >D 0 0 .. '£1 '" ..... "J 0') c; '£1 c; 0« 00 0« "1 <'J 00 '£1 ~ r-; '£1 "J 00 "': 0') >D '£1 >D V >D ...... N V >D c; 00 c; '£1 0 .. .. 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N-L ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: October 25,2005. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of September 30, 2005. SUMMARY OF INFORMATION: CERTIFICATE OF DEPOSITS: SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 100,000.00 COMMERCIAL PAPER * 0.00 0.00 GOVERNMENT: ALEXANDER KEY FED SUNTRUST 57,269,431.03 9,311,518.40 66,580,949.43 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 10,062,787.84 10,062,787.84 MONEY MARKET: ALEXANDER KEY FED ALEXANDER KEY - Sub Acct BRANCH BANKING & TRUST SALEM BANK & TRUST SUNTRUST SUNTRUST - SWEEP WACHOVIA 15,360,744.71 0.00 2,000,000.00 1,000,000.00 2,242,559.12 0.00 2,371,162.59 22,974,466.42 TOTAL 99,718,203.69 09/08/05 N-<6 PUBLIC SAFETY CENTER BUILDING PROJECT BUDGET REPORT COUNTY OF ROANOKE, VIRGINIA Northrop-Grumman Date Description Contract Amount Continqency 12/03/04 Opening Balance $ 26,030,769 $ 780,923 01/27/05 Change Order (001) 21,065 (21,065) 01/27/05 Change Order (002) * 53,835 - 01/28/05 Progress Payment #1 (1,456,157) - 02/24/05 Progress Payment #2 (403,222) - 03/24/05 Progress Payment #3 (375,678) - 05/13/05 Progress Payment #4 (855,272) - 06/10/05 Progress Payment #5 (401,210) - 06/20/05 Change Order (003) - Establish Guaranteed Maximum Price (51,387) 51 ,387 06/28/05 Change Order (004) - Foundation change 319,034 (319,034) 07/14/05 Progress Payment #6 (378,417) 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) 1 0/05/05 Progress Payment #9 (774,442) 10/13/05 Change Order (006) - Convert Citations and Warrants Databases no cost 10/20/05 Progress Payment #10 (664,909) Balance at October 20,2005 $ 19,983.234 $ 367,804 * The funds to be used for change order #002 were taken from departmental E911 funds. Submitted By, Dan O'Donnell Asst. County Administrator Approved By, 1/ Elmer Hodge ~ County Administrator ~-9 PUBLIC SAFETY CENTER BUILDING PROJECT CHANGE ORDER REPORT COUNTY OF ROANOKE, VIRGINIA Chanqe 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 August23,2005 Replace the sanitary sewer line 124,407 006 October 13, 2005 Convert Citatíons and Warrants Databases for new CAD System no cost Total as of October 20, 2005 $ 466,954 Submitted By, Dan O'Donnell Assistant County Administrator Approved By, Elmer Hodge íH County Administrator o z E C1> =: t: 1.0 o g Q.C'I Q) 1.0 0::: C'I .... en Q) N 1i) -g Õ o Ü OO~ ro >. (¡j a. 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Q) ..c: Õ Q) ::; E e - 0> E o ° '§ -¡¡¡ o ° 0) c ï:: 'm E 0> .... - o "E 0> E 0> f!! ::J .c E .¡¡¡ a: :Æ <ri ~ ° <') m .!!? ë.. N.!: Q) en 0)'- m 0) a.. c c '(3 o ffi -e c !?ti= .!!? E ~ .~ ~~ ° 0> -e..c: 0>.... æ ffi ..c:..c: en ~ ~~ o 0 ..c: c.... º~ t:: Q) 8.£ ;::'E § e 0- u 0 Q) en M~ ,S!! !?æ~ 000 za:.2 N-/O .... -8 f!:! -¡¡¡ :¡; E -e o::¡: ;::. c => o U N "E m ¡¡; ë¡¡ cn <:( en .!!? :¡s E m ..c: U c ..c: o , >. .c -e 0> := 'E .c => (f) I{) o I{) N o ~ CI> o () :;., "0 ~ en .¡¡; ...., Õ. a:: "0 aJ ACTION NO. ITEM NO. U\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 Report of claims activity for the self-insurance program for the period ended September 30,2005 AGENDA ITEM: SUBMITTED BY: Robert C. Jernigan Risk Manager Elmer C. Hodge Ell County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In accordance with the self-insurance program, Ordinance #61494-4, Section 2-86.C, attached is the fiscal year-to-date claims activity report including the first quarter that ended September 30,2005. Attachment A - Auto; Attachment B - General Liability. It) o o N o M c::: W III t- :!: c::: w o ~ Q. W W (J) c::: (J) W It) W 0 t- 0 (J) N ::J ~ 0::: ..... t- 0 W ~ o ::J ~ -, ::J (J) Z "'i' LL. ...J W (J) r¡~/{ « ë <) E J:: U ~ ~ .... õ <) 01 ro a.. û.i !;t C o t- O::: < W >- ...J < o ~ LL. II) a a N M .... Õ .... Ii- f/ ID ë C1> E .c <.J r¡¡ ;£ "0 C1> <JJ 0 Ü '" 0 0 ü 0 « C'II > 0 C") IX: w a:I .... :¡¡ IX: w .... 0 n. n. w w U) IX: 'I U) w ",I w .... 0 0 õ U) C'II ::::) IX: ... C1> .... 0 0> > r¡¡ w c... (,) ...J ::::) Z ., ~ a. ::::) ~ -,<, U) W .21 Z ~ a. -'< '7' "S LL C ID ...J 0 >- W .c U) .... "0 ~ C1> 1:5 .!!1 W (5 > u ...J '" « E (,) 2 ~ LL o o o q¡ ;¡; m ::¡: :Q (5 . en I I --:---1--- ~ Ll'>! I 0' I ~ I Ñ o as OJ T"" o rh ù=; ..:.;.,....~." ~P¡ . .. '?:c :\\ Ll'> o o ~ M T"" Õ ACTION NO. ITEM NO. N-18 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 Report from the VirgJnia Department of Transportation (VDOT) of changes to the secondary road system in September 2005 AGENDA ITEM: SUBMITTED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge {II County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Attached is the list of all changes to the secondary system of state highways in Roanoke County approved by the Director of the Local Assistance Division in September 2005. 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Q:: "" 'I:: ""' E .... ;:s ~ = \,,) ~ :I {; Q '" ~ u ~ N- \3 DECLARING OCTOBER 23 THROUGH OCTOBER 30, 2005, AS RED RIBBON WEEK IN SUPPORT OF A DRUG-FREE COMMUNITY WHEREAS, the Red Ribbon Campaign was initiated in 1985 by the Virginia Federation of Communities for Drug-Free Youth; and WHEREAS, the red ribbon was designated as the symbol of intolerance of illegal drug use and a commitment to a drug-free life style; and WHEREAS, a group of concerned citizens, parents, students, teachers, police officers, business people, judges, drug treatment providers, counselors, ministers, and other caring individuals have established the Roanoke Area Youth Substance Abuse Coalition (RAYSAC) to bring better coordination and development of substance abuse prevention programs and resources; and WHEREAS, RA YSAC and Blue Ridge Behavioral Healthcare have asked that the Board of Supervisors recognize Red Ribbon Week in Roanoke County and are promoting the Red Ribbon Campaign in the Roanoke Valley through a variety of activities. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim October 23 through October 30, 2005, as RED RIBBON WEEK in Roanoke County, Virginia, and encourage all of our citizens to join in the observances and activities of this event. /J¡mo I J. ~ Diane S. Childers, Clerk Iht.dn¡1 14. Úto~ Michael W. Altizer, hairman \ìì'~_. ~ <4. .....A),J\AO> fin Michael A. Wray, Vice-Chai an ~ ~ ß. "~w.. ·(lk~ oz;tPh B. "Butch" Church ~,c,)...S> G. ~....,..... Richard C. Flora ACTION NO. ITEM NO. p- \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Work Session with legislative liaison to consider adoption of a resolution for a legislative program for the 2006 Session of the Virginia General Assembly SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On September 13, 2005, the Board held a work session with Eldon James, Roanoke County's legislative liaison, to discuss the issues facing the General Assembly in 2006, and determine the Board's initiatives for the 2006 session. Item R-1 on this agenda is a new business item for the Board to adopt a resolution for its legislative program for the 2006 Session of the Virginia General Assembly. A listing of the proposed items for consideration is as follows: 1. Approve an amendment to the Roanoke County Charter as follows: Sec. 2.02 - Taxing powers. - In addition to the powers granted by other sections of the charter and general law, the county shall have the additional power to levy and collect taxes on cigarettes and tobacco products, pursuant to Section 58.1-3832 of the Code of Virginia. 2. Support the JLARC recommendations to address the shortfall in state funding for K-12 education and to fully fund the state Board of Education proposals. The estimated annual cost of funding both the JLARC recommendations and Board of Education proposals is $870 Million, 1 p-- ( 3. Support tax restructuring that grants localities additional revenue authority and increases local revenue diversification. Oppose efforts to limit or restrict local taxing authority and revenues, whether by restricting assessment authority or tax rates, exempting portions of fair market value increases, or other property tax limitations. 4. Support amending Sec. 33.1-72.1 to authorize counties to allow private roads under local subdivision and zoning ordinances and still participate in the rural addition program with no financial loss or penalty. 5. Support additional state funding for transportation, and in particular, funding for improvements to 1-81, and funding for passenger and freight rail improvements. 6. Support Telecommunications Tax restructuring so long as it protects the long-term fiscal interests of local governments and ensures a modern communications service tax policy that treats all corporate competitors equitably. Local governments must be guaranteed expanding communications service tax revenues in exchange for local right of entry and regulation, adequate consumer protection and services, and efficient local public safety E-911 call center operations. 7. Oppose the elimination of local cable television franchising authority. Where competition exists in a locality and where competing services reach a majority of citizens in a locality, then the competitive free market should be the major regulator of the quality and price of cable TV services. Basic elements should be preserved, including revenues to localities, sufficient tools to ensure quality of services expected by citizens, services such as PEG channels and facilities to provide such channels, and internet and cable to public facilities. 8. Amend Sections 16.1-69.48 and 15.2-1716 to provide that the reimbursement of expenses incurred by localities in responding to DUI and other traffic incidents may be collected as a fee in the criminal or traffic infraction proceedings, and that such fee be paid directly into the treasury of the locality. 9. Support amending Section 9.1-106 to allow Roanoke County to charge a processing fee in criminal or traffic proceedings to support a criminal justice training academy. If the Board intends to pursue an amendment to the County Charter to allow Roanoke County to tax tobacco products, then it will have to hold a public hearing. Ten days (10) notice of the time and place of this public hearing and the text or an informative summary of the charter amendment must be published in a local newspaper. It is recommended that this public hearing be scheduled for November 15, 2005. Also, the Board will need a patron to introduce this charter amendment bill. Mr. James and I will be available to respond to your questions. 2 Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25,2005 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2, Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. ACTION NO. ITEM NO. ~- \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Resolution adopting a Legislative Program for the 2006 Session of the Virginia General Assembly and petitioning the General Assembly to favorably consider the topics and issues addressed therein SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This Resolution is based upon major legislative issues identified by the Board of Supervisors at its work sessions on September 13, 2005 and October 25, 2005. It requests the Virginia General Assembly to consider these legislative issues during its 2006 session. STAFF RECOMMENDATION: It is recommended that the Board consider the adoption of a legislative program for the 2006 session of the Virginia General Assembly for Roanoke County. R~ ( AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25,2005 RESOLUTION ADOPTING A LEGISLATIVE PROGRAM FOR THE 2006 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2006 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2006 session of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2006 session of the Virginia General Assembly for its favorable consideration and adoption. 1) Approve an amendment to the Roanoke County Charter as follows: Sec. 2.02 - Taxing powers. - In addition to the powers granted by other sections of the charter and general law, the county shall have the additional power to levy and collect taxes on cigarettes and tobacco products, pursuant to Section 58.1-3832 of the Code of Virginia. 2) Support the JLARC recommendations to address the shortfall in state funding for K-12 education and to fully fund the state Board of Education proposals. The estimated annual cost of funding both the JLARC recommendations and Board of Education proposals is $870 Million. - . R- 3) Support tax restructuring that grants localities additional revenue authority and increases local revenue diversification. Oppose efforts to limit or restrict local taxing authority and revenues, whether by restricting assessment authority or tax rates, exempting portions of fair market value increases, or other property tax limitations. 4) Support amending Sec. 33.1-72.1 to authorize counties to allow private roads under local subdivision and zoning ordinances and still participate in the rural addition program with no financial loss or penalty. 5) Support additional state funding for transportation, and in particular, funding for improvements to 1-81, and funding for passenger and freight rail improvements. 6) Support Telecommunications Tax restructuring so long as it protects the long-term fiscal interests of local governments and ensures a modern communications service tax policy that treats all corporate competitors equitably. Local governments must be guaranteed expanding communications service tax revenues in exchange for local right of entry and regulation, adequate consumer protection and services, and efficient local public safety E-911 call center operations. 7) Oppose the elimination of local cable television franchising authority. Where competition exists in a locality and where competing services reach a majority of citizens in a locality, then the competitive free market should be the major regulator of the quality and price of cable TV services. Basic elements should be preserved, including revenues to localities, sufficient tools to ensure quality of services expected by citizens, services such as PEG channels and facilities to provide such channels, and internet and cable to public facilities 2 o , K- ! 8) Amend Sections 16.1-69.48 and 15.2-1716 to provide that the reimbursement of expenses incurred by localities in responding to DUI and other traffic incidents may be collected as a fee in the criminal or traffic infraction proceedings, and that such fee be paid directly into the treasury of the locality. 9) Support amending Section 9.1-106 to allow Roanoke County to charge a processing fee in criminal or traffic proceedings to support a criminal justice training academy. II. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Brandon Bell, Delegate H. Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley-Alleghany Regional Commission, and the Virginia Association of Counties. 3 'S - I PETITIONER: CASE NUMBER: Thomas Q. Johnson 19 -10/2005 Planning Commission Hearing Date: October 4, 2005 Board of Supervisors Hearing Date: Withdrawn (formerly set for October 25, 2005) A. REQUEST: The petition of Thomas Q. Johnson for a Special Use Permit in order to construct an accessory apartment located at 3652 Bond Street, Windsor Hills Magisterial District. B. CITIZEN COMMENTS: Mr. Johnson summarized his application for an 800 square-foot accessory apartment to be attached to the rear of the single family residence he and his wife purchased last year, The apartment would house Mr, Johnson's parents. Mr. Johnson stated that the apartment would not exceed the existing dwelling's height of approximately 24 feet at roof peak. The following citizens spoke in opposition to the request: Frank Sherrep, Charlsie Pafford, Peggy Mehl, Karen Jenks and Christopher Shaver. Amy Basham stated that the applicant's proposal would not necessarily change the neighborhood. C. SUMMARY OF COMMISSION DISCUSSION: Tim Beard presented the petition. Mr. Azar and Mr. McNeil asked if the petitioner could build the requested apartment without a kitchen - which can be done through the normal building permit process. Mr. Thomason asked if the proposal complies with all ordinance use and design standards. The proposal is in compliance. Mr. Jarrell asked about the minimum distance between the rear of the proposed apartment and the rear property line. The distance required is 25 feet. Mr. McNeil asked if the special use permit could be voided in the future if the Johnsons' sell the property. A legal opinion may be needed to answer that question. D. CONDITIONS: 1. The accessory apartment shall be constructed of exterior materials similar to those of the existing residence and shall not exceed a roof peak height of 25 feet. 2. Driveway access shall not extend past the rear wall of the existing garage. E. COMMISSION ACTION: Mr. Thomason made a motion to approve the special use permit request with the recommended conditions. The motion passed 3-2. 1 · . F. DISSENTING PERSPECTIVE: Mr. Azar and Mr. McNeil. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Janet Scheid, Secretary Roanoke County Planning Commission 2 s~ } I s- ) Roanoke County Planning Office 5204 Bernard Drive Roanoke, Va. 24018 October 5, 2005 Dear Sir, We would like to withdraw our Application for Special Use Permit regarding the construction of an accessory apartment for my parents at the address below. Please discontinue any activity regarding this request. For reference, I have had a telephone conversation with Mr. Tim Beard (772-2088) of the Roanoke County Planning Office regarding this cancellation request. Thank you for your actions thus far regarding this request. Please call if there are any questions. Best Regards, Thomas Q. Johnson 3652 Bond Street Roanoke, Va. 24018 Home: 540-989-2098 Office: 540-387-8435 Cell: 540-354-8469 <:-~ ".",,,1 Petitioner: Thomas Q. Johnson Request: To obtain a Special Use Pennit for construction of an accessory apartment Location: 3652 Bond Street Magisterial District: Windsor Hills Proffered/Suggested Conditions: I. The accessory apartment shall be constructed of exterior materials similar to those of the existing residence and shall not exceed a roof peak height of 25 feet. 2. Driveway access shall not extend past the rear wall of the existing garage. EXECUTIVE SUMMARY: Thomas Q. Johnson is requesting this Special Use Pennit in order to construct an approximate 800 square-foot accessory apartment to be attached by breezeway to the rear of an existing garage on the east side of the family home. The property contains 0.43 acre and is zoned R-I Low Density Residential. The proposed accessory apartment layout includes one bedroom, a kitchen, living room and one and one- half baths. The site is designated Neighborhood Conservation by the 2005 Community Plan. The proposal slightly exceeds the average R-I district density of one-to-three units per acre. 1. APPLICABLE REGULATIONS An accessory apartment is defined by the zoning ordinance as a second dwelling within a detached single family dwel1ìng which is clearly incidental and subordinate to the main dwe1Iíng. A Special Use Permit from the Board of Supervisors is required prior to accessory apartment construction in the R- I district. General standards include the following: 1, An accessory apartment shall only be considered as an accessory use to a detached single family residence and no accessory apartment shall be located in any structure other than the principal structure on the lot. 2. Maximum floor area: Upon completion of construction, the apartment shall not contain more than 50 percent of the finished floor area of the principal dwelling located on the same lot, but in no case shall the accessory apartment exceed 1000 square feet. 3. Only one accessory apartment shall be allowed on anyone lot or parcel and the property owner shall reside on the premises. 4. Exterior entrances to the apartment shall be located so as to appear as a single family dwelling. 5. Minimum floor area of the apartment shall not be less than 300 square feet. 6. One parking space shall be required in addition to parking required for the principal dwelling, 7. Health Department approval of sewage disposal shall be submitted prior to issuance of a building permit for an accessory apartment. Ordinance use and design standards describe the intent of accessory apartment regulations as affording an opportunity for the development of small rental units designed to meet the special housing needs of s- ) single persons, persons with fixed or limited income and relatives of fami lies who live or wish to Ii ve in the county. 2. ANALYSIS OF EXISTING CONDITIONS Background - Thomas and Debra Johnson purchased the subject property in late 2004 per county records. The existing one and one-half story Cape Cod-style dwelling stands nearly in the center of the property and includes an attached double garage and rear screened/covered porch. The existing building footprint includes an estimated 2,069 square feet with an additional 1,192 square feet in the finished upper story. The accessory apartment would accommodate Mr. lohnson's parents. TopographyNegetation - The site is sparsely landscaped with trees and shrubs along its east and south boundaries. The entire lot is flat and was recently created from adjoining property to the west. Wood stockade fencing stands parallel to each side boundary and along the rear border. Surrounding Neighborhood - The immediate area is zoned R-l and occupied by single family homes. Most tracts are similar in size to the subject parcel (18,730 square feet) on the south side of Bond Street and further south. Lots are larger north of Bond Street toward Overbrook Drive. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout! Architecture - The petitioner proposes an approximate 800 square foot apartment to be attached by breezeway to the rear of the home. The addition would be constructed of materials similar to the principal residence and would be considered part of the principal building by virtue of the breezeway attachment. Height is recommended at one story by condition - maximum height at roof peak of 25 feet. No other changes are anticipated. Maximum building and lot coverage will not exceed ordinance limits of 30 percent and 50 percent, respectively. Accessffraffic CirculationlFire & RescuelUtilities - Access will continue from the existing paved drive. One additional vehicle would be parked onsite. Staff recommends that the driveway not be extended into the rear yard. No negative impacts are anticipated on services; 6-inch water and 8-inch sewer are utilized from Bond Street 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The subject lot and all adjacent parcels are designated Neighborhood Conservation by the 2005 Community Plan. The Future Land Use Guide advocates preserving the stability of residential neighborhoods by discouraging the intrusion of incompatible uses and recognizes that some reasonable increase in housing density may occur along with infill development. Further, the Community Plan encourages the maintenance and enhancement of older neighborhoods and realizes that these homes provide a viable source of affordable housing to the community. 5. STAFF CONCLUSIONS The petitioner's request complies with all use and design standards required by the zoning ordinance. Due to the scale, design and location proposed, the accessory apartment should be compatible with existing and future uses in the Bond Street area. If recommended for approval, staff suggests that the accessory apartment not exceed 25 feet at the roof peak (one story) in 2 c_ , "-.J ' heíght, be constructed of exterior materials similar to those of the existing residerrce and that driveway access not extend past the rear wall of the existing garage. CASE NUMBER: PREPARED BY: 19 -10/2005 Timothy Beard HEARING DATES: PC: 10/4/05 BOS: 10/25/05 3 s~~ , County of Roanoke Community Development Planning & Zoning For Staff Use Onl Date received: 6-21., -ös Received b . 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Application fee: , '-IV."?:: PCIBZA date: - Oct ,Y, 2.¡>oS- Placards issued: BOS date: Oct "2.") 2./..'C$ . I ALLAPiLlcAJ'ifs< ",", "... ......." .. Check type of applil?ation filed (check all that apply) o Rezoning itSpecial Use 0 Variance Applicants name/address w/zip 7ñ~RS q =0hn5ðn 3(¡?5.q 730Ai D S +- $-Iv ·7.ÐßNOKG VA &L/tJ/9 Ovro.er's name/address w/~ . -0 ~ lhoml7:5 Q. ,JiJ/1}JSorv 3Ct?$ ~ 7::xJ A.J D ~ Property Location Lr 86 f!JL/(' JD SEC 3 WIA.Y)S"O/2 WEst o Waiver o Administrative Appeal Phone: Work: Cell #: Fax No.: ,-. ..Jó Î'þ 0~/7 Work: Fax No, #: q?q-~/)Clð' ~g7-gt/35 'S 4 - 3'"'-101 Magisterial District: \tV; N DSDR. Tax Map No.: '7 (¡, " 0 go - ~ - .;¡ g',/ Community Planning area: lJJ ;',).J{j~ If. J)J Existìng Zonìng: ..jTN(;,U:: Ff1/i¡IUj R/;srD:f/(fr Size ofparcel(s): Acres: ,~ tf.:3 Existìng Land Use: .", . ." " , ,. .., , ., ,,, '",' ." . '. ..... -, '-.' ,'. .... C---. ',':," . -., . . . . . -. . . - . . .. - -, . - . - -. - . . . - . . .- - . -, ,., ",- .. ..--.. '.. ._-. .~ "'" ,." '" ,." ,.."" ,,' ,..,. ..,- . -,,-, "-..- .,-,',." ..'-. ." ,,'- .", . ,... ,-- ','.' .- ,. ,_.. .... .. REZOJyINcrSPECliU' USEPERMIT AJV]).. WAIYERAPPL1CANTS (RfS/W) Proposed Zonìng: Proposed Land Use: C. U~ >T H('hIS~ Ft.'.r¿ PM;;,";"? s Acas.r-o ry A p{,.r-f~,,+ . Does thfparcel meet the minimum lot area, width, and frontage requirements ofthe requested district? Yes [DI No 0 IF NO, A VARIANCE IS REQUIRED FIRST_; Does the parcel meet the minimum criteria for the requested Use Type? Yes NoD IF NO, A VARIANCE IS REQumED FIRST Ifrezonìng request, are conditions being proffered with this request? Yes 0 No 0 r4JiIANéÊ,1fA/VERAlWADMlNISTM'rIVEAfPEÅL.ÁI'PLICAJVTS (vJwJÀÅ) VariancelWaiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zonìng Admìnistrator's decision to Appeal of Interpretation ofSection(s): A ppeal of Interpretation of Zonìng Map to of the Roanoke County Zonìng Ordinance Is the application complete? Please check if enclosed, APPLICA nON Wil,L NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RIsrw V/AA RISIW V/AA RISIW V/AA rn Consultation ~ 81/2"x 11" concept plan Applìcation Metes and bounds description Justification Water and sewer application I hereby certify that I am either the owner of the property or the owner's agent or contr of the owner" Owner's Signature 2 C' ..- ....J . -' " ' ",. -", " '--. -. . . ", ". -. ,', .,.. ". mSTIF'IçATIQN.FQR REZONING, SPECIAL USE PERMIT OR WAIVER REQUEST Applicant ---rnOn1AS Q. Jõhh50t/ The Planning Commission will study rezoning, special use permit or waiver requests to determine the need and justification for the change in tenl15 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 Ordinance. .]:.¡..J]t;N'ì I'> To ßqlL-D A C.i-1cST '''¡()~1SL OrJ TM£ pao P'¿J2/;J' FD {?.. ¡'V¡ j j; L D~'-.,r(¿j Pf\Jr f--,7 5 tN J~ c NAJ'[' R f CF,"'\J' 'ìt.i SI.'L.. D '1 N rd¿ !Jo(YJt:- /¡V ,4MßArY1/~ t4NO M'E:. 8Af...1.E,'V·jLj- 'S:Ï'A-ðIN¿:' i/'J ()!/It<... 1+ 0 ;.1 oS 'L . 2. P1ease explain how the project conforms to the generaJ guideJines and p()Jicies contained in the Roanoke County Community Plan. &;J '5;7ð1 "1 EÌ' I ,HJ (; P /" Ii "'i G £ ,.s çp./">o L T (,) ß 'f... é::J lU 'S 7Y? V( (? t f..-O rr-A Î 8Q.'\ ~ t ) A S f R. j ¡rlV2j 6V/ 'i 5> T }Jc"-l S L J 'S I\j U/ I NJ- B~Oi? 0 At1P£~AÑCL. û~ ,.'\J BIi FK. ~ J) fiu'(S E, To fl L ì F-f2.. P« G P£-Iè"iJ t c: ír/ f,) 'r Ii ¡) ;.¡ ~ t. ('1 S i.v Co:.. S' I ,.....1 L I alL. 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, includingwaterlsewer, roads, schools, parks/recreation and fire and rescue. Jf'J 'ì'~N Î J"So Ì" () i.-1 S [ A- fç(è" iJ.-V 6 F- 811 f'lèj M i> ì 0 B0.-V 3ìRVl.el Gr.1 Z'"<:./ ¡.JÖ\AS ~I AND /..J¿qlj[ MI·'\JllY1l~L lfY\f/JëT To ß.f)·:J(}iJ\JJ.~c:. f(?ûP£RÌ'/~S, C't4f>7 /'1u""15L:. .....?-/ r.'Jcl'/-.JC:" S'v S¡.Ji.)\,1L-() N l'7 7'<) B L S I /'ÚC ¡,[ S I r..!1(.ð v¡,. l.&.->- . 5J ¡;'/VI FJe;4 tv '/L- AL fElL "SK:} [,.0£. (/1 ")-IL '7"/E5 Sirfel4 :.s PO W~I wf> ì£f<¡ ~·£"'[iLI ,4"'D CAS ANI) P tJ.v.1J'L wlI-L tV ,£ I) ¡ 0 ß L (:Q ¡J fJ c¿ e 'r-f{;> 'if) r; V E ~'T t-{u ¡. S ç:'. 3 c~ o I 11:04 TRP&5 5412' 389 5757 óO~.J·UU 01., CI22 '\ 'Qfò· D=?? ~7. / o t 0 ,J ,., ) <;)\oJ 3656 ~ ~. ,,'ò 7 -> ...1~ . '" \ -cD ,> 6 ~o 88 13.13 87 .'2~ '. 16 ~ S-' ! -,~ . <- s ~ "'------ - I I --~ i I I I I I I I ; I I I I I ~ , I , , r I 1 ¡ I I ( , I , , , , I I I I I I I I I I I I , I I I , I I I I , I - - I I , I I - -, I , , I -, .. I , / I , / I / " / , / " ~l / ..L .- / , I / '.I. / ----r I c::::, . J I I CONCEPTPLANCHECJ{LIST .'. A concept plan of the proposed project must be submitted with the application. The concept plan shaH 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 COWlty 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 permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use pennit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staffmay exempt some of the items or sug.gest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and nortb arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f The zoning and land use of all adjacent properties g. AU 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 aU driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, stonn drains) and connections at the site L Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule 'Îequired in the checklist above are complete. g /7~ . i6~ I D~e 6 Community Development C: '--.J Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANN1NG 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 PlamÜng COrrunlssioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective date: April 19, 2005 --- j }J 0 f\/I.A..s Petition ~tioner'S Signature f /1.0 It: -s- I Date 8 '- ~ .,..J r Community Development Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentia!ly high traffic-generating land uses and road network situations that could elicit a more detailed analysis of the exìsting and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special u,se 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 anytime, as deemed necessary.) High Traffic-Generating Land Uses: · Single-family residential subdivisions, Multi-family residential units, or Apartments with more than 75 dwelling unìts · Restaurant (with or without drive-through windows) · Gas station/Convenience store/Car wash · Retail shop/Shopping center · Offices (including: financial institutions, general, medical, etc.) · Regional public facilities · Educational/Recreational facilities · Religious assemblies · Hotel/Motel · Golf cou rse · Hospital/Nursing home/Clinic · Industrial site/Factory · Day ca re 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 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 sígnal(s) · Substantial departure from the Community Plan · Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date: April 19, 2005 9 l J ~ ~----- ---- Zoning _AG3 _EP _AG1 BOWER RD AR _A\J \ C1 .C2 _ C2CVOD II ~ 12 _PCO PRO r;:æ PTO /'" R1 R2 RJ i- R4 Street Cenlertines I - Applicants Name: Thomas Q. Johnson Existing Zoning: R-1 Proposed Zoning: SUP Tax Map Number: 76.08-02-28.01 Magisterial District: Windsor Hills Area: 0.43 Acres Augus/30, 2005 1 inch equals 200 (eel Roanoke County Department of Communíty Development · I 5-<9 PETITIONER: CASE NUMBER: Winter Properties Partnership LLP 18-10/2005 Planning Commission Hearing Date: October 4, 2005 Board of Supervisors Hearing Date: October 25, 2005 A. REQUEST: 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. B. CITIZEN COMMENTS: Bill Sizemore of 4350 spoke on behalf of the neighboring Moose Lodge facility. He explained that a significant amount of stormwater run-off comes across the Moose Lodge property during and after each rainfall. In addition he requested that the drainage issues from the new site be addressed so that more stormwater did not affect the Moose Lodge facility. C. SUMMARY OF COMMISSION DISCUSSION: Ms. Kate Youngbluth presented the staff report. The applicant, Mr. Scott Winters spoke about the basement location of his mini-warehouses. According to the Concept Plan submitted in his application the building that the mini-warehouses would be in is two-stories. Steve Azar asked what the intended purpose of the top floor of the building was. Mr. Winters explained that the mini-warehouses would be located on the basement floor only and would rent out the top floor of the building for a C2 by-right use. Mr. Azar then asked if the existing retention pond on the property is sufficient to accommodate the new site. Mr. Winters responded that the County required the pond to be built to accommodate the existing min-warehouses and any development on the subject property of the Special Use application in front of the existing min-warehouses. Mr. McNeil asked the citizen whether or not there was stormwater run-off prior to the original min-warehouses being built. The citizen responded that he returned to the area in 2003 and did not know. Mr. McNeil asked staff if the property would create more run-off to the Moose Lodge and when stormwater run-off issues were addressed. Staff responded that stormwater drainage issues are addressed at site plan and that it was not known if more stormwater run-off would be created on the Moose Lodge site at this time. Mr. Azar then made a motion to pass the Special Use Permit and to have a staff engineer contact the Moose Lodge about their drainage issue. D. CONDITIONS: 1. Mini-warehouse use allowed on the first floor of the building only. 1 · .s--~ E. COMMISSION ACTION(S): Mr. Azar made the motion to recommend approval of the request. The motion carried 5-0. F. DISSENTING PERSPECTIVE: G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Janet Scheid, Secretary Roanoke County Planning Commission 2 '"',,- " ~-CÁ Petitioner: êI8Ef", RgÞ()R ' Winter Properties Partnership LLP Request: This is a request for a special use permit for mini-warehouses on 2205 Washington Avenue. Location: 2205 Washington Avenue Vinton Magisterial District: Suggested Conditions: 1. Mini-warehouse use allowed on the first floor of the building only, EXECUTIVE SUMMARY: Winter Properties Partnership LLP requests a Special Use Permit for mini-warehouses on the vacant portion of 2205 Washington Avenue. The applicant is proposing a 2-story building. The first floor will face the existing mini-warehouses and will have a separate parking lot. This floor will contain mini-warehouses and a mini-warehouse office. The second floor will face Washington Avenue, have its own parking lot, and will be for retail use. No mini-warehouse-related business will be located on the second floor. The site is currently zoned C2. Mini-warehouses are allowed with a Special Use Permit in C2 zoning. 1. APPLICABLE REGULATIONS Mini-warehouses are allowed by Special Use Permit in the C-2 zoning district. VDOT requires a permit for all new commercial entrances. Roanoke County requires a site plan review, 2. ANALYSIS OF EXISTING CONDITIONS Backqround - The subject parcel is currently vacant and lies on the former Dixie Drive-In site. The 1992 zoning ordinance established C2 zoning on the property. The parcel behind the subject property is zoned C2C and contains mini-warehouses. TOPoQraphy!Veqetation - The site currently has a large amount of existing vegetation. The east portion of the property has a large amount of mature vegetation. The north, south and west portions of the property are zoned C2 and contain no vegetation. SurroundinQ Neiqhborhood - The north portion of the property is bordered by C2 zoned properties that contain retail sales. To the east lies a C2 zoned property that contains a gas station/convenience store and a portion of an R1 zoned property containing a single family dwelling. Existing mini-warehouses border the C2S zoned parcel to the south. Finally the parcel west of the subject property is zoned C2 and is occupied by the Loyal Order of the Moose. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture - The two-story 19,500 gross square foot building (first floor, 9,750 square feet, second floor, 9,750 square feet) will be located adjacent to Washington Avenue. According to the Conceptual Design dated August 24, 2005 the new building wilf be a brick façade with a paneled roof. The parcel slopes toward the south and there will be two, unconnected parking lots located on the front and rear sides of the building. The rear parking lot will be accessible through the mini-warehouse entrance road and will be adjacent to the first floor on the backside of the building. The second floor's parking lot will abut and be accessible to Washington Avenue. Two garage doors will be located on the first floor of the property so that storage items can be easily loaded into the mini-warehouses. A buffer yard is required and will be 1 )~- 0< located on the C2-R1 border. The zoning ordinance requíres that the maximum height be limited to 45 feet when C2 borders a R1 zoned property. AccessfTraffic Circulation - VDOT will require additional regulations regarding site distance, crossovers, entrance locations, and second entrance locations upon site plan review. The entrance to the rear parking lot will be addressed during site plan review. Fire & Rescue/Utilities - Both utilities and fire and rescue will be provided by the Town of Vinton. Two additional fire inspections would be required per year. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The parcel is located in a Core designated area in accordance with the 2005 Land Use Map and in the 2005 Comprehensive Plan. According to the 2005 Land Use map the Core future land use designation encourages high intensity urban development in areas that parallel the centra! business districts of Roanoke, Salem and Vinton. These areas may also be appropriate for larger-scale highway-oriented retail uses and regionally based shopping facilities. Due to the limited availability, areas designated as Core are not appropriate for tax-exempt facifities. Some of the land use types that are appropriate for the Core designation are: general retail shops and personal services, office, institutional, and limited industrial uses. The requested Special Use Permit for mini-warehouses and retaíl uses would be in compliance with the Core designation of the 2005 Comprehensive Plan. 5. STAFF CONCLUSIONS The application for a Special Use Permit to install mini-warehouses on 2205 Washington Avenue is a favorable use for the first fioor of the proposed 2-story building. Approval of the SUP would provide a concentration of uses. The developments uses are separated by floors. The mini-warehouse use is located on the first floor of the building, its entrance is toward the south portion of the parcel, and borders an existing mini-warehouse development. The retail use is located on the second floor of the buildîng and faces northern portion of the property adjacent to Washington Avenue. If planning commission is to give a favorable recommendation to this Special Use Permit staff recommends the following condition(s): 1. Mini-warehouse use allowed on the first floor of the building only. In conclusion, the mini-warehouse use is in substantial conformance with the Core Comprehensive Plan designation and is a desirable use for the 2205 Washington Avenue site. CASE NUMBER: PREPARED BY: HEARING DATES: 18-10/2005 Katherine D. Youngbluth PC: 10/4/05 BOS: 10/29/05 2 RUG-19-2005 11:13 RKE CTY-COM DEV 5407722108 P.02/07 s .." d County of Roanoke For Staff se nlY . Community Development Pa~ received: Received ">'Ä-- Planning & Zoning 8-2S-.2b Application fee: . ~ PClBZA dall;: 5204 Bernard Drive J--D.':'- Oct ''i, 2005 POBox 29800 Placard£ i~slJ=d; 80S dlllc: Roanoke, V A 24018-0798 o e-r. "2 '5 '2OJ,? (540) 772~206g FAX Case Number I g- 10 / ~l)rL~ (540) 776-7155 ALL APPUCANTS Check type of~ation filed (check all that apply) rï Rezoning Special Use 0 Variance o Wajve,r o Admjn¡~trative AppçaJ Applicants narne/address wlrjp Phone: S~Q-~c¡)q-,-\~" \):). \~, I;?c- ð te........."'\\ L~ ((c::...0 w~ç<¡~ ~L\...~ Wor(: 940-r;"a.\ -~S4-::L. ~~\\ P\~~ ~~\L.\:)~ . Cell#: ~C:)(:;) c-$...~ (Y"'\.\" '\,\, ~, ~,*ô~5 Fax No.: 9-to- G~~.... Yck'1., Owner's name/address whip Phcme #: S 'p.. '\<'\ ~~ Work: Fax No. #: Property Location ~. ~ 'Ç\ ~ Mag-isteriaJ District: \\ ~ ~ þ ~ ~~? \..() ~~ ,)0,( Q~ Community PI~nin8 area: Tc,;w; Map No.: ~ \ .\'5" ~~ - \0 ~ c\( L<.tl ii\ Existing Zoning: ~ - '""à- Size ofparcel(s): Acres:\ . ~~ Existing Land Us~: ~\t\ REZDN1NG·SPECIAL USE PERMlTAND WAIvER-APPLICANTS (R/S/W) Proposed Zoning: -. 0..., \ \~\ ~ _ Proposed Lat1d Use: ~~o, Does the parcel meet the miniml1IT1 ~ area, width, aniHrontage requirements of the requcsted district? ~ No 0 IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum critc.ria for the requested U:se Type? y~ Non IF NO, A VARIANCE IS REQUIRED FIRST ~ If rezoning request, arc conditions being proffered with this request? Yes 0 . . VARIANCE. WAfJlER AND ADMfNlSTRA TI~ A.PÞii,.4iAPPLIQV'f'fS;(Y.lWIMj :. VariancelWaiv¢r of S~ctjon(s) of the RO!U'1oke County Zoning Ordinanoe ìn order to: Appelll of Zoning Adminisln!.tor's decision to AppcaJ of I nterprctation of Sectìon(s): of the ROMoke County Zoning Ordina.noc Appeal of Interpretation of Zoning Màp to u 0 I Is the application complete? Please check if Mclosed. APPLlCA nON WILL NOT BE ACCEPTED I f' ANY OF THESE ITEMS AflE MISSINC OR INCOMPLETE. RJsrw VIM RlSIW VIAA RlSIW V/AA rn Consultation §Ii 8 1/2" x II" concept pll\J1 ~ Application fc:ç Application Metes and bounds description Proffers, ifapplicable Justification Wiler SCwt:r ap IicatiQrl AdjoinilJg property owncn JhCl't'by certify that I am eithc:rthc:owneroftbepropenyor owne f n r 1n\c\ purchaser8tld am acting wi}¡ the: knDwJed~ and consent of the Owncr. Own~'f'S SW'ßty~ ~ (l-fû"~ /~tI;v"")t¡O 2 RUG-19-2005 11:13 RKE CTY-COM DEV 5407722108 P.03/07 ,-, :'J d" JUSTIFICATION FÒR REZONING, SPEC'JAL USE I>EltMITOR WAIVER REQUEST Applicant ~\~ft.(<< ç () ~.0'-<-~ ~n ~~~~~~ \-\-~ 1be Planning Commission will study rezoning, special use permit or waiver requests to de\ennißc the need and justification for the change in terms ofpublìc health. ~afety. and general welfare. Ple85e answer the following questionsas thoroughly as possible. Us<: additional space if nt:ccssary. 1. PlcllSe explain how dl~ req1lest furthers tbe purposes qftJ\e Roanoke County Ordin8m:e as Wen.811 tbe purpose found .at tJ1e beginning of tbe applicabJe zODing district classification In the Zoning Ordinance. \)) '- ~,\ \ u. "> L ~ ~'><> ~ i \' <> \?¡ ,,,:, \ì '" 'ð... -;.,\, r't ~"-\ \\,\~ -..::.'~ ~~ ~",\\"Yr\ ~\.: o~..~~" ~ <; IL", \w~ S'\~\4-~Yo..U\\.Iç . \1..~~^" \ç:-lo 0 ( '-2)~\ ~ \~,,-~L ~~ ~ Ó'" \<-. :;}..'-\' ~\.).v.. \ ~ LO j;;;o,.'\ ~ \, "'''' ~ ",,,-<oS <- <, LP~·\S\c.-;:\\ ~~ C-J-. '"'<-Ö~~\W~ ~L ~~~~'LL\J-<-L ~ò.A..\Å C.Ù~,~ \\.-c-- ~Ö"~~~C'A..L.\\:\~ ~ ~~~ ,,~~ ~~«~o~'..~~\~ <.0 0 ~ ~ .~ \ C~~Ö\CL.. S . 1. PJease explaiu bow tbe project conforml tu the generaJ cuideliuel aDd policies contained in the RoaJlok~ County Community Plan. ~ ~ t> "<I.. ~ "Ç. ~C·\\ 1.\ Ç?, "'-~ \l:. ~ \Nt> '" \~ ~ \J.Z- C\.,J -<-..",;:" """ tß. --C 0 ~ k,:S\ Iò~ CL ~ ~ "~'4.~LIL\o ~()""'-"JP ~q.()., ~ '::, ~ '-.."'.....~~ v.. .U.~ i~ · 1:'-t \,-'~\ ~ ~ . \.o..1L- ~ I.L..-- : ~ ~, 0 -..L S--to "",*, .ç.",è\\:J.:. , ~'ò~\~~ ~\"L~ \A\.\\ ~ ^'<S~~~ ~ \~()~. ~~R . ~ "'-Q. Q^"-.. ~\O Of" ~ ~\ \ LC)J.ç 0 ~ f'-.. ~~ C-').... ~-..¡ ~ ..j~ . 3. Piease describe the impatt(s) ofthe nquest on the property 'tseU, tbe adjoining properties, aDd tbe Jurrounding am, as weD 81 tbe Impacts On public services aad facUities, incJuIJlng water/sewer, rqads sChoob, p.rkslrecreation aud fire Bnd rellcue. \\-..-~" r6...~ CJ.S C<:A. 'Ñ~ ç. L.......L.~ '-"'.$)"~N~ . o..s.u..... o..~~ ~ 0 , .l....t ~(\¿j~ ~\~(.Q.f:¡ . ~~ ~ UJ ~ \ \.. 0...\ \O\Ñ ~~ ~ C('-\\~Ñ~ ço," ~~~\l C-~~W.'-. .~IÞI.~ k~~~'"i\. ~. öJ-\ . ~~ ~\\ ~ l \~ \\'<'-~\.,\. o~. ~ v..~ xt '--~ ~ \..:)~\\ ;;¡- ~'-.K.- ~~.~ ~<L\ o~: ~ .'\~O'~\~ (> "bç~~ \? I\.\N-¡~ G.~-{..ð~ ~\~(¡L- ~ <\~f~~ì..a \-."b\. ,~ \':,ò $ e-- O~ ~ N . Lod' ." \ <\.C ",-'<; E' r~ <s ~. 3 RUG-19-20øs 11:14 RKE CTY-COM DEIJ 5407722108 P.05/07 "-.:..- , v~ Community Development " Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PuBLIC STREET WANER, OR SPECIAL USE PERMIT PETITION PLANNING COMMlSSION ApPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Stree1 Waiver or Special Use Pennit 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 planníng staff and/or an outside referral agenc)' to adequatel)' evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine jf a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses andlor a traffic impact stud)' that would be beneficial in making a land use decision (Note: Q list 0/ potential land uses (md $ituatio1'1s that would nece$$;tate further study is provided as pari o/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 suggestion~ 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 Dlltr:: April ]9,2005 ~~~ ~~\i--~~";\".I"'~\q LLç> ~ N. 01 PetItion ~ ~I.>,"~~i", Ç? 4frJ'-\. Petltfo~.. SI.nat.rw -U ~ . <{ \ 1-0. ~S Dato AUG-19-2005 11: 13 RKE CTY-COM DEV 5407722108 P.04/07 s~ ~"- ',CON,CEPT PLAN,~CKL1:ST A concept plilJ1 of the proposed project must be submitted with the application, The concept plan shaH graphically depict the land use change, development Dr variance that is 10 be considered. Further, the plan shaU address My potentia! land use or desi~n issues arìsìng from the request. In such cases involving rezonings, the upplicant may proffa' conditions to lilnit the future use and dcvelopmentofthe property and by so doing, correct MY deficiencies tJ¡õ!t may not be mnnagcabJe by County petmitting regulatîons. The concept plM should not be confused with the site plan Or plot plan Lhat is required prior [0 me issufmCe ofa building pennil. Site plan and building pennit procedures ensure compliance with SUite 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 speèial use pcnnit or variance., the concept plM may be altered to the extent prnnilted by the zoning district and omer regulations. A concltpt p1an is required with wi rezoning, special U5e permit, waiver and variance applications. The plan should be prepared by a professional site planner. The level of d¢taíl may vary. depending On the natUre of the request. The County Planning Division staffmay exempt-some of the items or suggest theaddítion of extra items, but the followin¡; lI1'e considered minimum: ALL APPLICANTS '-......¡ :ç c. ~ ~ e. ~ f. ~ g. ~;h. '" ':::::J... i. ~j. a. Applicant name W1d name of development b. Date, seale and north arrow Lot size in acres or square feet and dimensions d. Location, nl1lncs of owners and RQMoke County tax map numbers of adjoining properties Physicalteatures such as ground eoVCT, natural watercourses, floodplain, etc. The zoning and land use of all adjaçent properties All property lincs and œsemcnt:., All buildings, existing and proposed, and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other pubJ ic ways within or adjacent to the development Dimensions aIJd IOCIiLions of aJ clriveways, parkìng spaces and loading Spaces Additional Information required/or REZONING and SP~{AL USE PERMIT AP?UCANTS ~ k. 'Ç I. "-..: m. 'S n. ~ " o. ~ p. Existing utilities (water, sewer. storm drains) and connli!c;:tions at the site Any driveways, enttanccslexits, curb openings and crossovers Topoi"lphy map in a suitable scale IUid contour interVals Approximate street gracJøs and site distances a~ intersections Loca1ion$: ohll adjacent fire hydrants Any proffered conditÎons at the site and how they are addressed IfprojC1:t is to be phased, please show phase :ilchedulc at all i\.ems required in the cht:l;;klist above are complete. 6 ~~) -.. ~) .~-"~~ ,j ê_~", AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 25,2005 ORDINANCE GRANTING A SPECIAL USE PERMIT TO CONSTRUCT MINI-WAREHOUSES ON 1.503 ACRES LOCATED AT 2205 WASHINGTON AVENUE (TAX MAP NO. 61.15-2-10) VINTON MAGISTERIAL DISTRICT, UPON THE PETITION OF WINTER PROPERTIES PARTNERSHIP, LLP WHEREAS, Winter Properties Partnership, LLP has filed a petition for a special use permit to construct mini-warehouses to be located at 2205 Washington Avenue (Tax Map No. 61.15-2-10) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 4, 2005; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 27, 2005; the second reading and public hearing on this matter was held on October 25, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Winter Properties Partnership, LLP to construct mini-warehouses to be located at 2205 Washington Avenue in the Vinton Magisterial District is substantially in accord with the adopted 2000 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following condition: (1) Mini-warehouse use allowed on the first floor of the building only. <.::'~ .:J'..) 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 :1 ClDZ~< . . ..~~.. ...-". ~.~~ CIII"~ _J= _5~ ~~ 1. !·.I ~:¡; ~. :''" .š~ ~ ¡; ~ ~ ¡;; ~ ~ ~ l& !~ VINIÐ~IJ\ 'A.lNnO:J 3}ONVO~ NVld 311S 1d3:JNO:J 1~nO:J N01ÐNIHSVM I~I :1..1 :! 1M "'! ~~ 1 ~ ~ ~~o ~i¡'d~ ;I"....~!: ~ô~~cj.~~'~ "i"AI '. I~"---" .... 10 Q .... Co ~ lIE' t ç' ,,) ~; r>"<. þ. 'c >- '" ~ ~ i:':' Cl ~ ~ ~~ ~ 3. ~ t: ... ~ .~ ! ~ r~ ~ ¡d¡ \ ¡ _ ,. r '~ : '0 ¡¡¡ )ßJ œ ¡¡¡ &;¡ mwl ,... -:)J 1" H"J tJ ~ -:t,ur "'Q lJ¡r! ~·ð.u:J 1i'V °:IN. f"lSYXV' ..KI4.l~ 1"J-L~L-tSI r:r'.J I x , "---I '" ~. Š , '" .. ~ ~ " ~ '" ~ ..., ~ ;::¡ ., ; g ¡,. ~ a ., " .. ., C; ~ Ì' 1 ~ '" ~ " " § ~ <> ;¡ ~ I ;:: x ~ 'I._A .~l'q ..~~...~ ."'" ':-Ç. Q:- a~ >--<..J ... 1./)-.,; ... "- '" -.J "8 :-:::0:: a«: 3 luG ... I./)Q:: aI"J Q,::;. 0::;. 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Q Þ ....... ¡::: ~ S S o U 4-< o 1B/B3!2BB5 15:15 540g8%543 WINTER PROPERTIES PAGE 02 C·' " j d Winter Properties Partnership, LLP. 6971 Pine N8ád"le Dr. Boones Mill, Vlrglnlõ1 24065 October:',. ;)005 To: The County of Roanoke: Re: WashilllJton Court This is S()lnr-: supplemental infolTlìation regarding the special use permit for the property in front of 2205 Washington Ave. in Eastern Roanoke County, The lot if; ~;loping back towards tile existing storage facility. This lends itself to a two story building which will not exceed 20 feet above Route 24. All spç¡ce with entrances on the 2nd fioor or mad level will be f<H hl)sinesses which fit in the County's ordinance regardíng C-2 zoning. The basement or ,01 floor. with Õ!ntrances facing the existing storage facility is the only issue regarding the special use permit requeste:(.1 AJI space will be climate controlled and will be accessed through one 10 foot high by 8 foot wide ga!:ig~ door. On the Southwest comer nearest the entrance to the storage facility will be the new Dffice for the facility, This Dffice includes the sale of retail movIng supplies and requires few par1<ing ti Pc( ~es. The front 81 \d sjdes of the building will be brick with a dryvit mansard marquis. The rear will be beige single fa(;ec; block. AU storm water displaced by the building will be dírected underground to the existrng retention pond already built for that purpose. lighting will çonsist of dusk to dawn wall packs on the sirJe~; and rear (5 in total) and three downward facing pole lamps provided in the upper parking lot along 11'18 front of the build;ng. [The exiHlln~J sign for the storage facility will not be moved or changed. The New sign on the ~ashington Court pmperty will meet or exceed the requirements set by the County in C-2 zoning. Again. thE' only íssue here is the request to use the "basement" area of the Washington Court stores for climate cunlrolled storage c¡nd c¡ Storage Facility office. All other areas of the building are "by right useft. Sine rely //-~ ott ,Wi/Iter anaginÇl ~';3rtner, Winter Properties Partnership. L.L.P, ---- _AG3 _EP .AG1 AR _A V C1 .C2 _ C2CVOO 11 12 .PCO PRO ,~-_] PTD R1 R2 R3 R4 - Street CentBrlines ~ - 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 S-3 PETITION ER: 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: October 25,2005 (Continued from 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 CrossUmbers 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 storelgas 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 residentjal developments, 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 Traíl, 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 1 (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 entrancelexit 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 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 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 Petitioner: R. Fralìn Development Corp (Contract Purchaser) P.O. Box 6244 Christiansburg, Va 24068 Request: Rezoning From R-1 to PRO Property: 9.95 acres- Tax # 26.20~4-1 ,2,3,4 Property Owner: James Waace Cates, II 6571 Newland Rd. Roanoke, VA The fo[owing are proffered conditions for the above referenced Zoning Case. Proffered Condition 1. The property shall be developed in substantial compliance with the rezoning document titled 'Villas of the Valley, a Planned Residential Retirement Community~, Prepared by Balzer and Associates, Inc, Dated 6-24-05,revised 7-12-05. revised 7-26-05,revised 9-15-05. 2. The developer hereby proffers that no more than 60 units will 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. The donation! easement shall consist of approximately 1 acre of land located along the northern property line and adjacent to the existing cr"eek. Petítioner!Contract Purchaser: ertp. ralin Property own~ ........ £......J . ..,é. c^!J ~- James Walláce Cates, " ~ltiil~~li~~~~~§f~¡ltY~JI1~_~i;i¡~~~~~figf~~t¡;~~~'~¡~i¡G!~1';~~('<: Petitioner: R. FraHn Development Corporation Request: To rezone approximately 9.95 acres from R-l, Low Density Residential District to PRD Planned Residential Development with conditions to construct a maximum of 60 townhomes Northwest of the intersection of Newland Road and Peters Creek Road Location: Magisterial District: Pro ff ered/Su ggested Conditions: HolJins 1. Substantial compliance with document titled "Villas of the Valley, A Planned Residential Retirement Community" prepared by Balzer and Associates, Inc. dated 6-24-2005, revised July 12,2005, 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 . .:: EXECUTIVE SUMMARY: This petition requests the rezoning of approximately 9.95 acres from R-1 to Planned Residential. The applicant is proffering a maximum of 60 townhouse units within an overall master plan that preserves 4() per4:ent of the total site area in open space. The proffered master plan includes home construcfiOR utilizing brick and vinyl exterior materials in natural earth tone colors. The number of school children projected to live in this development wiII 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 approval. Staff supports the concept of a second access. However ü that access is from Newland Road, an "enter only" one way drive should provide more safety and efficiency. -, . ," .. , 1. APPLICABLE REGULATIONS Section 30-47-5(B) of the zoning ordinance requires that an written 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 stonnwater management regulations are also applicable. 2. ANALYSIS OF EXISTING CONDITIONS 1 Back.ground - 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 conunuruty. The project will also provide a natural transition between adjacent single family residences and conunercialIy zoned property." A homeowners' association wíIl 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 1060 feet to 1104 feet. Slope ranges vary from 10 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/Architecture - 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 space. 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 twu-story W1Îts wi!} comprise at least 1 900 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 children. 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 1050 students. All figures are per individual school staff. Based on the housing type proffered, approximately 0.2 school child per dwelling unit is projected yielding a total of 12 school children at completion of the development. Accessrrraffic Circulation & Generation - VDOT staff reports that the posted speed limit on Crosstimbers Trail 01 A 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 that "segments oftumaround outside the 50-foot RJW 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 permit wiJl 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 subdivjsion and a 50-foot right-of-way was platted to aHow 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 tbe access point to the proposed development. Many Crosstimbers Trail residents paralle1 park on both sides of the street, narrov...1Ìng the traveled way substantially. Restricting parking to one side ofthe 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 COW1ty is in an extension period recognized by VDOT on possible revisions to the county ordinance that could prDhibit private roads, including those in Planned Residential Developments. It is noted that sidewalks are proposed and, in that regard, a five-foot wide 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 turnaround for such vehicles should be shown. Fire & RescuelUtilities - 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 development per building and fue codes should not significantly impact services. Public water and sanitary sewer are available by extension of existing lines. Stormwater Management - Staff has 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 stormwater management facility. This future regional stormwater management pond would help relieve downstream 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 held on July 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 remajnder 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." Oreenways, bike and pedestrian trails should be included and cluster developments are encouraged. Infin development that complements existing land uses are also encouraged. 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. 5. STAFF CONCLUSIONS The proposed "Víl1as of the V alley" 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 permitted 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 infill development. lfthe 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 "one way out driveway" indicated on the master plan graphic. CASE NUMBER: PREP ARED BY: HEARING DATES: 16 - 8/05 PC: 08/02/05 BOS: 08/23/05 4 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX N bcr \ I .~ - 'ð (540) 776~7155 ~ \1m V >~.~j".~kf:rtÇ~¡~~;~~ ,:t '~.~: ~,;X,;~:~:~,)::·~::;~,;;!:,~:,,;:,~~,~t:;c,.' ~~:~ :::.: ::.'~.'ië :·<·.~;~i/':·:~\~f.f)~ ~::'~~':~)\>""":~~;':',;"::' ,:: .i;'~.'- :-': ,~.';::},:', Check type of application filBd (check all that apply) ~ Rezoning 0 Special Use 0 Variance County of Roanoke Community Development Planning & Zoning For Staff Use Only R=ivoo by: Application fee; PC~ dalt:: PI acards issued: BOS datt:: o Waiver o Administrative Appea] Phone: Work: CeH #: Fax No.: *381-9700 Applicants name/address w/zip R. Fralin D8velop~ent Corporation P.o. .Box 62.44 ?'Q1-1234 ,R1 3R71 Owner's name/address whip James Wallace Cates, II 6571 Newland Road o k A Property Location Corner of Newland Road & Peters Creek Road Tax M!lþ No.: 26.iO-04-01.00 2.00 3.00&4 Size ofp8J"td(s): Acres:~..5.... Phone #: Work: Fax No. #: Magisterial District Hollins Community Planning area: Hall i ns Existing Zoning: R - 1 Ex.isting Land Use: Residential ,". :=: 7-'";' -;-:: -:-': '-~?''';.' ~ :". .-~- L :::,: ,~~,.:-: {:.~ .0':'· _".~".. ~'::.. '," ."~. "-.:-.>...." ....-.~:~-1 ~:_-~ .' '. .--: ~ .', .::: ~ I :., .' ..:..~' . .t- ~ ~:.;~ -.,. ~.",:. .-.~ -',_ >.-~' ."..~; ;": _~'.: ":; _.-_~:.. -.' ...~; :'!#f.z.RJy!1fGf-fÆf:;~~LJ¿5ìiJ}J}.lffrflT.ifNÞ·Jf1p/~jr4,pi!L1C;triTS{RJS~),.> ;~;':,.>j:':::~, -.:, >::> " '. ";.....:-. '.-"" -., .- '- - .. .". .. .';'.' .:....".' " '. ·1 Proposed Zoning: PRD Proposed Land Use:: e s ì n t ì a 1 Does the parcelroeet the minimum 101 area, width, and frontage requirements of the requested district? Ye9 ~ No 0 IF NO, A V AffiANCE IS REQUIRED FIRST. Does tf:¡~ þarcel meet llie minimum criteria for the requested Use Type? Yes ex No 0 IF NO. A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes [X No 0 ,£~~~~Ç~;~)~1~~~A~~t;~~$#~:!~!¥H~,~~Pi.1~j~!~,¡¢Ä1Y!S·Œii;Á:~J'~;;/~~:~.::,~':,~·-·, :' :.:.. '..<~: -. .:.,,". VarianteIWa.iver of Section(s) of the Roanoke: County Zoning Ordinance 1n order 10: Appeal of Zoning Admin.ístTator's decision to Appeal of!nterpretation of Sectìon(s): Appea1 ofInterpre:!ation of Zoning Map to ofllie: Roanoke County Zoning Ordinance ]s the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/StW VlAA. RJSIW VlAA RJSfW VIAA. rn Consultation Eli 8 112" x 11" concept plan ~ Application fee App]ication Metes and bounds description Proffm, jf applicable Justification Wate;r and sewer applicatiDn Adjoiníng prDperty owners I henby certify that I am either the Owner of the property or 1hZ'S agent or contract purchaser and am acting with the knowJedge and consent oftheown~. ~ :::;7 *' Owner's Signature - 2 Applicant R. Fralin Development Corporation The Planning Commission wíll study rezoning, special use permit or waiver requests to determine the need íIJld justification for the change in terms of public health, safety, and general welfare. Please answer the following questiol15 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 cJ~ssification in the Zoning Ordinance. This project furthers the PRD Section of the zoning ordinance by providing a variety of housing that meets the need of many in Roanoke County. It takes advantage of the flexibility found in the PRD Section by utilizing the· buildable area of the site and preserving the remaining 40% of the site in green space. This project will provide a superior livirig erivironment to the resident~ of this community. 2. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Commuwty Plan. This area is designated as Transition and Neighborhood Conservatior. This project is in compliance with this designation because it provides a natural transition between the existing single family properties and the commercially zoned properties along Peters Creek Road. The project is also being developed at a density already allowed by R-l zoning. 3. Please describe the impact(s) ofthe request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. This project will have less impact on public services than a normal development of this density. The nature of the development suggests that fewer than normal school children ~ill be living in the development thus. greatly reducing the impact on schools and parks. This project will have the normal impact on public utlities of any residential development of this size. Water and sewer 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 .~ the past throu9h the ò~ðjcatjon of thp pxist· t of 3 '§pAf~~]1¡g~~:~Ê.~~,~~~a;:~~W~~~ii~~':~1ì;i~:#:~/::¥~~Iø:tj·;:·~:f~~.::~i:~~~t:;~i~r~~t~D'Jt\:~~~l.<:·~:, ·;~~r:~3~\~::f.~f~lf!.-'·;,~~}:;.~ A concept plan of the proposed project must be submitted with the appJication. The concept plan sha)J gTaphica]Jy depict the land use change, development or variance that i$ to be coru;ide.red. Further, the plan shall address any potential land use or design issues arising from the request. In such casea involving rezonings, the applicant may proffer conditions to limit the future use and development of!he property and by so doing, correct any deficiencies that may not be manageabJe by County permitting regulations. The concept plan should not be confused with the site plan or p10t plan thaI is required prior to the issuance of a building pennil Site plan and building pennit procedures ensur~ compliance with Stale 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 pennit or variance, the concept plan may be illtered to the extent pennitted by the zoning district and other regulatíons. A concept plan is required with all rezoning, speciar use pennit. waiver and variance applications. The plan shouJd be prepared by a professional site planner. The level of detaiS may vary, depending on the nature of tho request. Tho County Planning Division staff ma exem t some of the items or su est the sddítion of eXITII items, but the fo]]owin are ronsidered minimum: ALL APPL1CANTS X a. Applicant name and name of deve!opment Date, scale and north arrow Lot size in acres or squaro feet and dimensions Location, names of owners and Roanoh County lax map numbers of adjoining propertios Physical f~atures such as gTound cover, natural watercourses, floodp1aín, etc. The zoning and land use of al! adjacent properties All pwperty lines and easements All buildings. existing and proposed, and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other public ways within or adjacent to the deveJopment Dimensions and locations of a1l driveways, parking spaces a¡¡d loading spaces ---X- b. .....x. c. X d. l e. X f. X g. X h. X I. X j. Additional information required for REZONiNG and SPECiAL USE PERMiT APPLiCANTS "J;:' requi"d ill ,", 'h'''<li'','bOVO~' ,ompl,'" Signature of applicant ---1L k. --X.... L -1L. m. X n. ..L o. .lL p. X q. Existing utiJities (water, sewer, stOIll'l drains) and connections at the site Any driveways, entrances/exits, curb openings and crossovers Topography map in a suitable scale and contour interva1s Approxirnat~ SITO~t grad~s and sit~ distances at intersections Locations of all adjacent fire hydrants Any proffered conditions at the site and how they aro addressed ¡fproject is to be phased, pleas~ show phase schedule ¿,.. zýo~ Date 6 Community Development . Planning & Zoning Division NOTICE TO APPLICANTS FOR RBZONING~ SUBDIVISION W AIVE~ PuBLIC STREET WANER, OR SPECIAL ÙSE PERMIT PETITION PL.wNING COMMISSION APPLICATION ACCEPT ANCEP.ROCEDURE 'The Roanoke County PlaIming Commission reserves th~ right to continue a Rezon1ngt Subdivision Waiver, Public Street Waiver or Special Use Permít petition if new or additional information is presented at the public hearing. If it is the opiniDn. of the majority of the Planning CoDJJJJ.issioners presênt at the scheduled public hearing that sufficient time was not available for planning staff and/or an .outside referral agency to adequ.arely evaluate and provide written comments and. suggestions on the new or additionaJ information prior to the scheduled public hearing then the Planning CoInJI1Ï$sion may vote to continue the petition. This continuance !>ball allow sufficient time for all necessary revie'\?o'Ìng parties to evaluate the new Of additional information and provide written comments and .suggestions to be. included in a written memorandum by planning st.aíf to the PIanning Commig$ÍDtt. The Planning Commission shall coDS'Ult \l,rith planning gtaft"to determine if a continuance may be warnmted. PoTENTIAL OF NEED FOR ThAfFIC ANALYSES AND/OR TRAFFIC OOACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning. Subdivisioß Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Depm1Inent of TransportAtion roquests further traffic analyses aDd/or a traffic ÌInpact study that would be béüeficial in rn.ßking a land use decision (Note: a list of potential land uses. and situations thot would necessitate further study is provided as part of rhis appUÇattOfl package), 'I1ri~ continuance shall aliow su.ffi.cient time for all necessary re-viewing partif:s to evaluate the required traffic analyses and/or traffic impact study and to provide "Written oounnents and/or suggestions to the pl.a:nning staff and the PlaP1'1ing CoIWIIission. If a continuance is WiUTEuJ.tð~ the appli~ant will be Dotified of the continuance and the newly scheduled public hearing date. RotJ('17 P hlL~L-{tV h,~ t.lf1.4f--T>.J ()ç-t/Et.Of·-v·Cc/>vT [O..~, ----v/ N..-nø of PlirtltlOD . 'j c;{u-.r ( ~k¡'-' /l/(>,·Je.1.,i P&tJtiaaer'$ Signature f ~l/~ )-- nata £\3/EØ 39lid S311iI XtSSt'W3Z1\18: gçøBla13þg ÞS:G8 gØß~J8lJ9Ø B7/25/2BB5 B4:45 54B7728Ø58 BAL2~R~A~~UCIAi~~ '':-H...'J:::' U¡:"I u.(_ legal Description for Tax Map Parcel Number 026.20~04-01.00 Beginning at a point now within the right-at-way ot 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 Cates II (Deed Book 294, Page 48, Tax Map #026.20-04-01.00- 0000); thence with the easterly line of Lot 16 S34°09'50'W, 322.48 feet to a point on the northerly right-of-way line of Newland Road (Route 1825), thence N46°10'40'W, 91.49 feet to a point; thence along a curve to the left having a radius at 239.99 feet, an arc distance ot 143.57 feet, and a chord bearing N63°18'50" W, 141.43 feet to a point at the southwesterly corner of Lot 14, Brook/awn; thence ¡eaving the right-of-way line of Newland Road and continuing with the westerly line of said Lot 14 N9°33'OO'W, 200.00 feet to a point on the southerly line of James Wallace Cates 11 (Will Book 61, Page 1071); thence with the southerly line of Cates and Lots 13, 12, í1 & 10, Brooklawn, N80027'W, 429.09 feet to a point at the northerly torner of Lots 9 & 10, Brooklawn and the easterly corner of Lot 15, "The Wood lawns" Section 3(P1at Book 9, Page 55); thence with the northeaster1y !îne of Lots 15 and 16 "The Woodlawn" and the line of Strauss Development Corporation (Plat Book 16, Page 9) N31 ~33'E, 730 feet to a point at the southwesterly corner of Strauss Development Corporation (P~at Book 22, Page 153); thence wjth Strauss (Plat Book 22, Page 153) and the property of Jesse N. Jones, Jr. (WiI1 Book 57, Page 454) N68°59'W, 1485.3 feet to a po1nt 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 (P¡at 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 rìght-of-way taken by Commonwealth of Virginia along Peters Creek Road, State Route 117 as shown on plans entitled "Roanoke 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, V A 24068 Prepared by: Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, VA 24018 Project # R0500134.00 Date: June 24th, 2005 Revised July lih 2005 Revised July 26th 2005 Revised September 15th, 2005 REFLECTING TOM DR ROw / Ba]zer and Associates I 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 13 X. Architectural Renderings Page 14 XI. Adjacent Property Owners Page 16 Balzer and Associates 2 VILLAS OF THE VALLEY DESIGN GUIDLINES INTRODUCTION Villas ofthe Valley is a 9.95 acre Planned Residential Development located at the intersection of Newland Road and Peters Creek Road in Roanoke County, Virginia. The intent of the project is to offer a pedestrian scale neighborhood that will cater to the needs of Roanoke's retirement community. This project will also provide a natural transition between the adjacent single family residences and commercially zoned property. The housing provided will be a mixture of one and two story townhomes, most of which provide master bedrooms on the first floor. Many of the units will have attached garages on the main level. The home sizes, including the garage, will vary from 1,150 sf for one level homes, up to 1,480 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 Vicinity Map: Site Location Indicated in Black above, adjacent to Peters Creek Road. Balzer and Associates 4 VILLAS OF THE VALLEY DESIGN GUIDELINES SITE SUMMARY Site Data The site consists of tax parcel #'s 26.20-04-01.00 (8.77ac.), 26.20-04-02.00 (0.215 ac.), 26.20-04-03.00 (0.497ac.), and 26.20-04-04.00 (0.471 ac.). The total site area is 9.953 acres. The current zoning is R-l and would currently allow up to 75 units under the by right lot line option. Existing Conditions The site consists of 25% open areas and 75% wooded areas. There are two existing residences with associated out buildings on the property that will be removed. The site has slopes on the property ranging from 1 % to 50+ %. \Vest 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-l 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. Ba1zer and Associates 5 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 confinned with the WVW A. The water service will be provided by extending an 8" water line from a 10" water main located at the northern property line. There is an existing blow off valve on site where the connection will be made. 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 infonnation is based on the ITE Trip Generation Manual. Balzer and Associates 6 (Ìl I Vì I ~I¡n 1IIII ", I VINID~VI 'AlNnO:J 3~DN't'O~ 8 1m ~ " ,I; j¡ ~ .,. ~ .. I' III I 'I' IIII III SNOllJON08 ÐNL1SIX3 M ~ D :;¡' ' ~ lIu !JJ~ !h! fJlII III! ¡¡I,I Ii is m ~ 1"-- A31W^ 3H.l:::!0 S\flll^ dð~ L ~ i ,"-, '--I~,~,;. I, r-~ '^ ) ^\ ~~ ;' , .. ' I .5:; / I j ¡ ". Cl- I ,r;w;" ! ¡' g ,( i-J.~" ....{-c' l.....~ ~ f ..... "'>"// /-"("'~¡ '¿' j , / / / i "-!.. ¡ "'k~ / " " í.,o ....\. I I J i'( " >"L. \ t ft_J / ?/ ? /' l ,- .' " ~~i \ \ Xw We , / ¡'Ii ,'r-'.r,' , '~.. , .. , ~ ' I " I ,I' .~~/J- " ~ . ':\ " t' ",'., \ ~ I. '\.: '¡ .. ~ ' \> ,I \ 1,.- i' .} -1\ . ,I11 / ' .~'. (I 1 \ ' ( " \. ~~ ~ ~ ~ ~ ~ q I ~~ en 6 i .. s ~ ' VILLAS OF THE VALLEY S· ¡¡ .. ~ ~ 10 Q ~ SLOPE ANALYSIS w ~, !'/ '. ... ¡¡ co ~H 0 ROANOK~ COUNTY, VlROINIA \ J: .¡1 }) J ¡. :1 ',if ¡/ \, . /:/ / .1Û /, 1/".:// /í /¡r---- -"'// " <'. ii' I ""'::.....'/-) /, , "'~(/ i <,),~\ IIIII1 1m ¡Wi ill! i'lf ~~ill~ II I II I ili ull . ~ I· '~l / {~ 'ì"..... / t 1,"1; _ 1. I,""' \'l . j " o CJ\ a U\ l..\,J C;-J VILLAS OF THE VALLEY DESIGN GUIDELINES Site Desi2ll 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 conununity. 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 ofthe 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 1.U1Ìt from 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 15' 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 <.:.' - ~ ..> / 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 wìll consist of a planting strip containing a mìnimum 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 additíon, a minimum of two shrubs shall be placed in the planting strip for every five linear feet of frontage. This should not be construed as meaning that the plants must be uniformly planted. Undulating berms a minimum of 3 ft. high will also be provided. All other landscaping and the landscaping internal to the parking area shall be in accordance with the Roanoke County Zoning Ordinance. Each unit will be professionally landscaped with sufficient foundation landscaping and additíonal 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 entíre 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 permitted 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 ~") - -:::: -./ -,.' 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 minimum contiguous open space provided for the development shall be 40% in the undeveloped portion of the site. This does not include areas within the parking areas. The only disturbance to the open space or preserved area will be the installation of the water, sanitary sewer, storm sewer, and stormwater 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. Balzer and Associates 11 Architectural ReQuirements The developer has supplied townhouse plans and elevations representing the style proposed for this development. Examples of the elevations can be found on the following pages. Exterior Materials: Siding shall be a mixture of brick and vinyl siding, 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 shall be 3 feet. Balzer and Associates 12 I ~ ' , I ~~ ,~~ , I .r!~~~~ ¡ I ¡~2~_ . ~ ~e~~b' ; 8~~~ -'_._~--' ~/ O¡, ~ ~i 01'" 0 §~ '" ....L ~ ~ 0 0 H P I NEWLAND ROAD TOWNHOMES 1111111111111 ¡I ¡IIi III ¡Ii IllfÎ mll~ ~ ~ ~ ~ CONCEPTUAL SITE PLAN I II' 'I: I, ill~ .. il ~ PI - II· ROANOKE COUNTY, VIROINIA I I . (/\ \ l"l/ "'1 \ V'\ " \ ro <1>- ~~ § ~ .~~~ 0'- q- t'-, ~~£Ó O<l>Ó"" U.;:i~1< 8 g !2. Ng -", ~I~ !~ g .-.; 0 ,~- ¡ ~. ~ --z: t::. - t- µ <. JJL Q lU L --l -;J: JL -1 () ~ 1 ~t \J ~ ~ It- ±~ . ~ "2 ù1. ~ ~ I ~ -¡;-" ~t ~ ...... "- 1-4Î ~ A,.. ~A- .~ .. ~A U} . ~ ~ \J' \U ~ -r¿ <: ~ ~ .(l -1 --l -'Z - > -J « tl. / 11- / 1i. ('Yì I l~ \ " ):............ <:Z \ ,,~ ~~ (j~ ¡¡¡ ~ :~~~ a~~~ 8~~~ ~ g ð ",0 ~ _ 0 '" ~!I·~ ~ .- . ~ õ , ' Ü Q Q " . 0 'þi!- ~ ~¡.. ~ 7 a ~ ¿ ~ J ~ J.û "Z :S F- _<!: ~ ~ · t- Qill \:Z -:t::"-l ill j 11l , '<: L~ ~ · L .--'2 Cl- >-' · 'J rL "L j .". U- · !\l ~ µ..¡ ~ ~ ' ~ ~ .,' . ~ r-Æ.. .D :z.. ø- -z .....l ~ ~ ~ '., __J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 25,2005 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 continued to October 25,2005; 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 follows: 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 PRO, Planned Residential Development with conditions. 2. That this action is taken upon the application of R. Fralin Development 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 the rezoning 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; revised July 26, 2005; revised September 15, 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. The donationleasement shall consist of approximately 1 acre of land located along the northern property line and adjacent to the existing creek. 4. That said real estate is more fully described as follows: Tax Map Nos. 26.20-4-1,2,3, and 4 containing approximately 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 ~ \ Zoning \ _AG) ~ _Ef> ~ rÞì~ 0 _AG1 (j -t- )~ J\R ¿J ø f!J ð' _A V q,lv ~ $' (;1 tj _C2 q, _ C2CVOD ( 11 ~ _ .l~.: j2 _ .pCI) .PRO .PTD ¡:¡1 / R2 .¡<.¡ R4 ............... -RCl - Applicants Name: R. Fralin Development Corp. Existing Zoning: R-1 Proposed Zoning: Rezoning Tax Map Number: 26.20-4-1,2,3 & 4 Magisterial District: Hollins Area: 9.95 Acres June 27, 2005 Scale: 1 N = 2OQ' Roanoke County Department of Community Development s-L\ 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: Justin Biller, Assistant Building Commissioner, reported to the commission that the repairs to the home have been substantially completed and the owner is once again occupying the structure. However, continuing inspections of the property indicate the exterior issues of storage and clutter are again appearing. Several contacts have been made with the owner and family members in order to remedy these remaining issues. This will be necessary in order to declare all blighting has been remedied. Staff requested that the commission confirm the blighted designation of the property per the original petition, determine that the owner has failed to remedy the blighting, and establish that the plan submitted is in accordance with Roanoke County planning and land use guidelines. Staff recommended the commission end the hearing and, per the blight policy, forward the matter to the Board for consideration and disposition. D. CONDITIONS: E. COMMISSION ACTION(S): Mr. Azar made a motion to forward the Spot Blight Abatement request to the Board of Supervisors. The motion carried 5-0. 1 (-- ~. ---) ! F. DISSENTING PERSPECTIVE: G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Janet Scheid, Secretary Roanoke County Planning Commission 2 c. --- ~ --.;> , Date: May 31) 2005 To: Planning Commission Members From: Joel S. Baker) Building Commissioner Re: Update regarding 3821 Colony Lane I visited the property today in preparation of the continuation of the hearing at the commission meeting on June 7, 2005.Work seems to have progressed and several of the required inspections have been scheduled for this week. The exterior is all but complete and the interior appears to be approximately 50% complete at the moment. I spoke with Ms. Shelton's son and he indicated that the original contTactor had not been reliable and he was now performing the work himself. Assuming the work to this point passes the upcoming inspections, he intends to proceed with completing the insulation and drywal1. It is possible that the property could be 90 to 95% complete by the time of the meeting. I will visit the jobsite again immediately prior to the meeting and be prepared to infonn the commission of the most recent status and make a recommendation. At the suggestion ofthe commission at the recent workshop, a reminder letter was sent to Ms. Shelton. A copy is attached for the record. < .....<.( .........) 'i QInunflr nf ~nètnnke DEPARTMENT OF COMMUNITY DEVELOPMENT DEVELOPMENT REVIEW ENGINEERING INSPECTIONS MAPPING/GIS PERMITS Pu'NNING & ZONING STORM WATER MANAGEMENT DIRECTOR, ARNOLD COVEY ASSISTANT DIRECTOR. GEORGE W. SIMPSON. III. P.E. CHIEF PLANNER, JANET SCHEID Date: May 19, 2005 Property: 3821 COLONY LN Tax ID: 077.18-02-20.00-0000 Owner: SHELTON, BARBARA N Owner Address: 3821 COLONY LN SW, ROANOKE, VA 24018 Dear Ms. Shelton This is a reminder that, per your agreement with the Roanoke County Planning Commission, the repair work on your home located at 3821 Colony Lane is to be substantially complete by the June 7, 2005 Planning Commission meeting. Failure to meet this time frame will result in the County Of Roanoke resuming the original blight abatement process. The following are the terms of the agreement as presented by you or your representative at the March 1, 2005 public hearing: CONDITIONS 1. The project is to be complete within 90 days. 2. The Building Commissioner will make a progress report to the commission sixty days from the hearing. 3. If the project is incomplete after 90 days, a performance bond may be required for repairs to continue. Please contact my office if there is any way we can assist you in meeting this schedule. Joel S, Baker, CBO Building Commissioner P.O. BOX 29800· ROANOKE. VIRGINIA 24018 . PHONE (540) 772-2080 . FAX (540) 772-2108 @ Recycled Paper Petitioner: Joel S. Baker, CBO, Roanoke County Building Commissioner c ( ~,___ -<'1 '--' I Request: Consideration of Blighted Property 3821 Colony Lane Location: Magisterial District: Cave Springs Proffered/Suggested Conditions: None EXECUTIVE SUMMARY: The Board of Supervisors recently adopted a Spot Blight Abatement Policy Program designed to deal with individual properties that have become a detriment to the surrounding neighborhood. Under the program, the County is authorized, pursuant to a plan approved by the Board of Supervisors following a public hearing, to repair, or to acquire and repair a property designated as blighted under the' program. The County may recover its costs in repairing the property either from the owner or from the proceeds from the sale of the property. The program allows an owner of blighted property to avoid any repair or other action by the County if an acceptable work plan for the elimination of the conditions that created the blight is prepared and implemented. In the case of 3821 Colony Lane, staff has determined that the property meets the conditions for blight and has initiated the abatement procedure. The property has suffered severe damage from a fire that occurred on February 6, 2003. The property has remained in this state since that time and has continued to deteriorate. Notice was given to the owner of the property on November 30, 2004 advising that a preliminary determination of blight had been made and the owner was required to respond within 30 days of the notice with a plan to abate and correct the blighted conditions. No response was received from the owner. The owner currently has a building permit to make repairs to the property and has been removing damaged materials from the structure. However, because no response was received, staff is proceeding with the process and has requested a public hearing before the Roanoke County Planning Commission to consider condition of the property and make recommendations to the Board of Supervisors 1. APPLICABLE REGULATIONS Roanoke County Spot Blight Abatement Policy contains the following elements: · designation of the property as "blighted" · attempts to work with the property owner to correct the conditions · notice to the owner that official action will be taken unless an acceptable corrective plan is submitted. · notice to adjoining property owners and local civic orgaruzations · consideration and public hearing by the Planning Commission · action by the Board of Supervisors · implementation of an approved plan by the County to correct the blighted conditions 1 " ,,2. ANALYSIS OF EXISTING CONDITIONS Background - The property has a history of code violations with the County prior to the fire in February, 2003 that caused the current damage. The Planning and Zoning office has cited the owner several times for violations of the zoning ordinance related to improper storage. The Fire Department has documented through photographs that improper storage had continued up to the actual date of the fire. The fire investigator has commented that there was an unusually high quantity of storage in the building as well which can best be described as "hoarding". The building has not been occupied since the fire, Refer to the Fire Investigation Report which is attachment #8_ ....'., 0---i A county inspector spoke with the owner's son shortly after the fue and advised that the building was required to be boarded to prevent entry. TIlls was accomplished in a matter of days but, since that time the owner has failed to maintain the security of the building and several complaints have been received concerning neighborhood children entering the structure at various times. Reports were also received from the Police Department confirming this matter. On multiple occasions county employees returned to the site and re-attached the boards that had been applied to secure the building only to have them removed again by persons entering the building. The owner obtained a building pennit to repair the fire damage on March] 2,2003 but no inspections have been requested for the repairs and the peIIJ:lit is currently subject to suspension due to inactivity. Prior to requesting the public hearing, a courtesy letter dated February 2, 2005 (Attachment #4) was sent to the owner stating that no response to the original notice had been received and the County was proceeding with the abatement process as described in the official notice. We received a phone call from the owner's son a few days later. We discussed the matter further and advised that ifhe would get a plan submitted within the next several days we would recommend that the issue be tabled. He stated he would submit a plan but as of this writing no plan has been received. TopographvNegetation - Property is relatively level and is improved with the single family residence that is the subject oftbis report. It is bordered on the north by Colony Lane, on the south by Route 419 and on the east and west sides by similar residential properties. TIlls property and adjoining properties are zoned R-1. Surrounding Neighborhood - TIlls is a very pleasant neighborhood with small to medium sized homes that are well kept and in generally good condition. Most of the homes in the immediate vicinity were built in the mid to late 50's and are assessed with a value of $] 10,000.00 plus. The property identified in this report is currently assessed with a value of $58,700.00. The Real Estate Valuation Office reports that adjustments have been made to nearby properties as a result of the ongoing issues with this property. 3. PLAN OF ACTION Staff has prepared a plan outlíning the steps we believe that are needed to return this property to a useable condition. The plan is included as attachment #5. 2 " , '... ,._~ ¡ -oJ ,,-",; 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The property has a designation of Neighborhood Conservation in the current Roanoke County Communíty Plan. The objective being to preserve and enhance the existing character of established neighborhoods. Returning the property to a viable use as a single family home is in compliance with the objective of the plan and current zoning. 5. STAFF CONCLUSIONS The property has a long history of code violations and has been the subject of many complaints as well as prior legal action by the county. The property has remained dormant since being substantially damaged by fire. The property has remained both an eyesore and a safety hazard to the neighborhood for over two years. The property should be confirmed as blighted and a recommendation made to the Board of Supervisors to implement the correction plan as prepared by staff. List of Attachments: I. Notice of Determination of Blight. 2. Receipt for Certified mail. 3. Notice returned "unclaimed". 4. Notice of Failure to Respond 5. Blight Abatement Plan 6. Chronology of Zoning Violations 7. Chronology of Enforcement Activity 8. Fire Department Report 9. Roanoke County Spot Blight Abatement Policy CASE NUMBER: PREP ARED BY: HEARING DATES: Joel S. Baker, CBO, Roanoke County Building Commissioner PC: 03/01/2005 BOS: 3 I Attachment 1 I (" ···<..l "J , ([uunftr uf ~ètltuke DEPARTMENT OF COMMUNITY DEVELOPMENT DEVElOPMENT REVIEW ENGINEERING INSPECTIONS MAPPING/GIS PERMITS PLANNING & ZDNING STORMWATER MANAGEMENT DIRECTOR. ARNOLD COVEY ASSISTANT DIRECTOR. GEORGE W. SIMPSON, III, P.E. CHIEF PLANNER. JANET SCHEID Notice of Determination of Blíght and Request for Plan of Correction Property: 3821 COLONY W Tax ID: 077.18-02-20,00-0000 Owner: SHELTON, BARBARA N Owner Address: 3&21 COLONY LN SW, ROANOKE, VA 24018 Date of Notíce: November 30, 2004 The abDve referenced property has been determined to be blíghted as defined by the Roanoke County Spot Blight Abatement Policy. The following conditions are specifically identified as constituting a blighted condItion: · Building has been vacant and/or boarded for at least one year. · Potential Trespass - owner has failed to take adequate measures to prevent access · Nuisance to Children - open basement · Substantial Dilapidation - structural membef5 have been exposed to the weather by removal of roofing, sheathing andlor siding. · Repeated violations of county ordinances involving property use Dr maintenance Per the policy, the owner is required to submit a written plan of correction to the Building Commissioner within thirty (30) days of receipt of this notice. The plan shall include a site plan identifying the blighted property and mus1 detail what measures wH1 be tak.en to correct the blighled condition. The plan must also indicate a definite date of completion which cannot exceed a period of ninety (90) days. Failure to submit the required plan or complete the plan within the required 90 days will result in the county ins1ítuüng legal proceedings which many ¡ndude but are not limited to the fOllowing: · Pe¡fonn;ng the necessary work and placing a lien on the property. · Having the property declared a public nuisance · Condemning the property and insti1uting eminent domain proceedings to tak.e possession of the property in order to correct the blighted condition Your immediate attention to this matter is required. Please submit your correction plan to this office as soon as possib!e. Any questions you may have regarding this matter should be directed to the Building Commissioner. Joel S. Balær, CBO Building Commissioner P.o. BOX 29800· ROANOKE. VmGINIA 24018· PHONE (540) 772-2080 . FAX (540) 772-2108 @ Recycl!:!.:I Pap~r C-L..{ ..] ;~ '\ ,--'-:) \ I I Ct:rtlfied"Ð..1aÌi Pravider;: ,,~}~þ" ,~~:;U~.&< Attach~ent 2 II. A miillin"g ~l .. 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QInun±g nf ~annk.e DEPARTMENT OF COMMUNITY DEVELOPMENT DEVELOPMENT REVIEW ENGINEERING INSPECTIONS MAPPING/GIS PERMITS PLANNING &.ZONING STORMW~TERI~ANAGEMENT DJRECTOR. ARNOLD COVEY ASSISTANT DIRECTOR, GEORGE W. SIMPSON, III. P.E. CHIEF PLANNER, JANET SCHEID Notice of Failure to Respond Property: 3821 COlONY LJ., Tax ID: 077.18-02-20.00--0000 Owner: SH8..TON, BARBARA N Owner Address: 3821 COLONY ill $W, ROANOKE, VA 24018 Date of Notice: February 2, 2005 On November 30, 2004, a notice was sent to you via certified and regular mail and a copy was posted on the property in question. That notice required that you respond within 30 days with a plan to correct the blighted condition identified on the property. Ai; oftodHy, February 2, 2005 DO respoœe of any kind has been received by this office. As described in the notice the county will now proceed to take the necessary steps to abate the problem. I have requested a public hearing by the Roanoke County Planning Commission to review the facts and make recommendations to the Board of Supervisors concerning final disposition of the property. Should the commission decide to hold said bearing, you will be duly notified so that you may attend and present any evidence you may have as to why the county should not proceed with the spot blight abatement process. Once again, any questions you may have should be directed to the Building Commissioner. Joel S. Baker, CBO Building Commissioner P.O. BOX 29800· ROANOKE, VIRGINIA 24018' PHONE (540) 772-20BD . FAX (540) 772-2108 @ Recycled Paper IAttachment 5 s~~ Lj Blight Abatement Plan for 3821 Colony Lane To assist in this decision making process, Code Enforcement staff has developed a work plan to complete all work necessary to return the property to a code compliant condition. An alternative, consistent with the spot blight program, is for the County to purchase the property if it determines that the purchase is necessary to abate the blighted conditions, with the cost of abatement to be recovered from the sale of the property. 1) Inventory, doclUl1ent, pack and remove all personal belongings in the property and remove to a county storage facility. 2) (Alternative) Rent one or more storage lockers to store personal items for a period Dot to exceed six months at which time the owner would resume responsibility for the payments. 3) Have independent engineering finn evaluate structural members for integrity and provide written report. 4) Have independent engineering finn evaluate all plumbing, mechanical and electrical components and fixtures to determine code compliance and operability. Repair(replace as needed.. 5) Clean and sanitize interior oftbe structure. 6) Repair damaged structural members. 7) Have masonry contractor point up, repair and/or replace damaged brickwork in foundation and exterior veneer. 8) Replace all broken windows and re-install glaring. 9) Replace damaged roofing sheathing and shingles. 10) Restore interior flooring. 11) Replace insulation and wall covering. 12) Patch, repair and paint all interior surfaces, woodwork and trim. 13) Clear gutters and down spouts ofleaves and debris. 14) Repair, scrape and paint exterior surfaces. 16) Replace\repair all exterior doors 17) Exterminate entire structure and remove all debris from the property. · . - . ¡Attachment 6 C-' ',-- u '--> r" She! ton Property 3821 Colony Ln ----------------------------------------------------------------------------------------------- Field inspection/letter: Nov 4. 1985 Order to Correct: Nov 4, 1985 General District Court: Feb 3, 1986 COURT HEARING CONTINUED: 213/86 (Illness) COl;RT HEARING CONTINUED: 2/19/86 (With Warning to Property Owner) General District Court: Mar 26) 1986 COLRT HEARING: 2126/86 ($100.00 Fine & 90 days forpayrnent) FINE PAID: 6126/86(No Corrections) New Charges instituted: 7/15/86 Order to Correct: J ul 15, 1986 Field inspection: Ju129, 1986 General Djstñct Court: Sep 10, 1986 COURT HEARING: 9/10/86 (Another $] 00.00 Fine & 90 days ror payment) Field inspection/Jetter: Sep 16. 1986 General Distñct Court: Oct 15, 1986 COt"RT HEARING: 10/15/86 (Show Cause Order for 10/29/86) COURT HEARING: 10/29/86 CONTINUED TO (11/12/86 - Family Death) General District Court: Judge Harris, Nay 12, 1986 COURT HEARING: 11/12/86: Extension granted to 12/12/86 Field inspection/I & 1/2 of 4 ítems met: Dec 16, 1986 COURT HEARING: 12117/86: Contempt of Court: 2 days in jailor SI000.00 appeal bond Field inspection: Jan 17, 1987 (Court requírements still incomplete) Circuit Court: Jan 20. 1987 (?) Circuit Court: Feb 12. 1987 COURT HEARING: 2/27/87: $150.00 Fine, Suspended Jail Time Field inspection: Aug 17, 1987 (Unlícensed vehicle) SheJton Property 3821 Colony Ln ( , . í -----------------------~---------~---~--~---------------------~~----------------------~-------- March 1990 Through July 1998 Three violation. letters: May 15, 1995 Feb 9, 199& May 6, 1998 I. If ( \ ]Attachment 7 I ~" .,,_ I .~.> L Shelton Enforcements: 1999 - 2005 Complaints received by phone during 2000-2001 Inirial enforcement actions involved education, and service support. This was done during visits to property and by phone requests to Roanoke County General Services Department for bulk waste scheduling/freeloader trailer scheduling. Addirional service assistance included the provision of a dump truck and loading help from a Roanoke County Community Development Department crew in February of 2001. The result for the neighborhood was that the property owner occupant did not appear to be morivated to maintain or continue improvements to the property and the conditions; deteriorated to an unacceptable level. Examples of these problems included like trash, debris and outdoor storage of household goods. A concerned neighbors or community meeting was held at Cave Spring Fire Starion: August 2001. Discussions were held with the neighbors and with Roanoke County Planning and Zoning Staff and with Roanoke County Health Department staff. A determination was made at that rime to work toge1her to improve the property. Inspecrions occurred during August and September 2001 (including the lisring below) Date reported: 9/24/2001 Date inspected: 9/24/2001 Tax map number: 077.18-02-20 Address: 3821 Colony Lane Name: Ms. Barbara N. Shelton No response from property owner; court action planned for November 2001 Contacted neighbors for available court dates; 1 complaining party had moved, 1 party did not want to be the only one to testify, and the third neighbor would not respond to multiple phone messages left at home. Legal actions postponed. A new round of complaints received by Roanoke County officials during early 2003 and a new inspecrion schedule was set up. Roanoke County continued to encourage the cleanup activiries. The county"s General Services Department provided a freeloader trailer for February 26,2003. On February 6. 2003. a fire occurred at the address of 3 821 Colony Lane, the home of Barbara N. Shelton. The Roanoke County Community Development Department crew provided service assistance to the fire cleanup with the provision of a dump truck on March 7 2003. Shelton Enforcements: 1999 - 2005 Page 2 ( ( Information became known in the neighborhood regarding the February 6, 2003 fire and that was that there was no insurance policy to protect the property owner and provide for repairs to the structure. Not only did repairs not occur to the property but the debris and outàoor storage oÍhousehold goods continued An official letter of violation was sent by certified mail on June 17,2003 and court action was initiated on July 17,2003. The case was scheduled for August 21,2003. General District Court granted a 30 day extension to get 'the property cleaned up and the case was scheduled to be reviewed on September 22,2003. The review of the case determined that the property was still in non-compliance and:Ms. Shelton was found guilty and ordered to pay court costs and a fine. General District Court decision was appealed to the Roanoke County Circuit Court and the case was scheduled for November 18, 2003. Circuit Court took 'the charges under advisement and granted an extension to get the property cleaned up and the case was scheduled to be reviewed on December 16, 2003. A second extension was granted as a result of the review on December 16,2003 and a final review set for January 20, 2004. One of the charges was dismissed because of compli ance and the other two charges were merged for the final review in January 2004. ( , I, Inspections of the property indicated that 'the all materials were stored inside and/or removed from the preIIÙses and that the debris materials had been cleaned up. The property was in compliance but a guilty verdict was rendered and a fine would be imposed if the property was to become non-compliant in the next year. (( ¡Attachment 8 I (", Memorandum To: From: Date: Re: Joel ßaker - Building Official Gary D. Huffinan - Fire Marshal February] 7,2005 382] Colony Incident Joel, I have anachcd a copy of the original repol1 and some photos. The address is 3821 Colony and the incident occurred On Feb. 06,2003. The investigator that was on the scene of this fire, David Chaplin, no longer is employed with us. I had two additional investigators go to this incident and wc have changed the cause of the fire. The photos clearly support our findings. The fìrc started [¡"om an eye Iclì on the stovc, U extended into the cabinets and then into thc artic. It bumed through the roof. It was also Hoted that the hOLlse had a huge fuclload and could best be described as hoarding. ROANOKE COUNTY FIRE AND RESCUE DEPARTMENT DIVISION OF FIRE PREVENTION FIRE INVESTIGATION REPORT INCIDENT NUMBER: {),)OIQ)"3c; DATE: d/<.t/() 3, ALARM TIME: <OlcàO LOCATION OF ALARM: 38à\ ~~ (O~ \ D.ocw..ol~ I vA ,.')'-/018 DATErrIME OF INVESTIGATION: ;) j~/O.3 REGULAR HOURS: S"' CALL BACK: ALARM/FIRE DISCOVERED/REPORTED BY: ~bb~ C.Jbc'v. 1'01./", ; tJ(¿)(4- 600-4 ~i~k~)."¥, ADDRESS: 3'8 ¡s- ~~~ l Cr-t...{ HOME TELEPHONE NUMBER: PROPERTY STATUS: .-S~lt. -·~~\tï (e.~~ ,ðC2N';\\·c,. \ OWNER: þ:>c-b0,C>o. S\.Ü~ ~DDRESS: 3&l \ ~ ho...v.JI ¡ P'OCMJ..¡Ob TELEPHONE NUMBER: Home: 77<./ ~ ¡¡OJ.. Ousirress: QLÜ ~ ~~q 7~ 189:7 SOCIAL SECURITY NUMBER: DATE OF BIRTH: :5!to!40 . . OCCUPANT: O.d..,~ Q¡(X-'oo....4-- ADDRESS: 3 8)..\ ~ j.,~ I ¡;¿C»:~p TELEPHONE NUMBER: Home: I CG-c."'Q.v.~k~) Business: (/8Yr-J ~ td) SOCIAL SECURITY NUMBER: DATE OF BIRTH: TYPE OF CONSTRUCTION: Heavy Timber Construction Ordinary Construction ; Wood Frame Construction ; Non-combustible/Limited Combustible v-; NUMBER OF FLOORS: / VEHICLE: 1J/A- LICENSE NO: YEAR: MAKE: MODEL: VIN #: COLOR: PROPERTY STATUS: Occupíed ~; Vacant LOCATION/AREA OF FIRE DEPARTMENT FORCIBLE ENTRY: AREA OF FIRE ORIGIN: l~- R.i¿O<" ~'Ñ1-\ ~. ~ POINT OF FIRE ORIGIN: f , 'l~ CAUSE OF FIRE: (Sí~ ~-.s) CiJ.A.ð 0.. +k-c... kJ~ '~j IJ H'-.AI\ \. C I , TELEPHONE NUMBER: ESTIMA TED LOSS: .$ 40,0190 ð..<, à~\-\- ~f'~ G..v1~~ - ¿o.f"k. _ Sö..u...J .ç,~ OQ~Vl NVESTIGATOR: b, C:..Q¡\O~Ju~" DATE: c) /it./D3 , t ~-~ ," ~ . -i..;¡ : .:,,:: 'c· . :<'i;J, ·~::~Ji .. -",,= ,1 "--- ~ ~ .--=--:-:"~-------..~~ ~~.'. , ,., ~J r'! ~ ~--.if .ê ·,oJ OJ .' ~1¡jii" 1'-1\ -I. -~ ~ '''! r- '," '.~ ..... '" "'~ ~j( . ~~--'II~ " 't'~~~ ~,s." ~ '.- .-. '~~¿!~~~'f~T:~~~~ .> J ¡,,,,=,..,.., S·-", COUNTY OF ROANOKE SPOT BLIGHT ABATEMENT PROCESS PURSUANT TO VIRGINIA CODE Section 36-49.1: 1 1. The Department of Community Development receives blighted property referrals from Board members, community groups, other County agencies and citizens. 2. All referred properties are entered into a blight..database. The Department of Community Development investigates. begins a file on referred property and makes a preliminary blight assessment. County records are reviewed for a history of violations and complaints. Other departments such as Police, Fire, Health, Planning, Real Estate Valuation and the County Attorney may be consulted as necessary to aid in the determination of a blighted condition. 3. A property can be considered blighted ifit meets the standards set forth in Virginia Code Sections 36-49 and 36-49.1: 1 and if it meets any of the following criteria: A. It has been vacant and/or boarded for at least one year. B. It has been the subject of documented complaínts. C. It is no longer being maintained for useful occupancy D. It is dilapidated or lacks normal maintenance and upkeep. E. It has been the subject of nuisance abatement actions undertaken by the County. F. Any buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these or other factors. are detrimental to the safety, health, morals or welfare of the community; 4. The following is a list of potential conditions that may cause a property to be considered blighted under the terms of this policy: A. Condemned struchIre - A struchIre on the property has been continuously vacant for at least one year, has been condemned as unfit for human occupancy by the building official in accordance with the Virginia Uniform Statewide Building Code, but has neither been demolished nor repaired by the owner as directed by the building official; "., ~~ ! B. Rat and rodent infestation - There is evidence of rat or rodent infestation or harborages caused by conditions on the property; C. Previous citations - The property has been used or maintained in a condition which has resulted in the following actions: a. The owner has been cited on a least three (3) separate occasions because activities or conditions on the property violate state or county laws or ordinances governing the use or maintenance of property, and those activities or conditions threaten the public healtl\ safety and welfare of the community; or b. The owner has refused to abate one or more violations as ordered by the court or has repeated conduct involving the use or maintenance of property for which the owner has been convicted of violating state laws or county ordinances in the past. D. Inadequate facilities - The property has inadequate sewage, septic, plumbing, well or heating facilities; E. Potential trespass - If the property is vacant, the owner has failed to take adequate precautions to prevent the use of or access to the property by trespassers; F. Nuisance to children - A potential attractive nuisance to children exists on the property, including, but not limited to, abandoned wells, basements, excavations or broken fences; G. Fire hazard - Any condition exists on the property that has been specifically identified as a fire hazard by the fire department or the building official: and H. Substantial dilapidation of buildings or structures as evidenced by either: a. Collapse of either interior or exterior structural elements such as floors, walls, roofs, porches, decks and similar appendages which do not pose a danger to the public: or b. Removal or rotting of exterior siding, roofmg or sheatbing exposing structural members to the weather. ", ---: - I ", 5. The Building Commissioner shall make a preliminary determination that a property is blighted in accordance with this policy and shall notify the owner by regular and certified mail, specifying the reasons why the property is considered blighted. The notice mailed to the owner also shall be posted on the property. The owner shall have thirty (30) days within which to respond with a plan that would cure the blight within a reasonable time_ Such plan shall include a site plan delineating blighted condition(s) and spec.îfying measures to be taken for the removal of each. 6. Upon approval by the Building Commissioner of the plan to cure the blight the owner shall have ninety (90) days to complete all work approved in the plan. The Building Commissioner, upon acceptance of a perfonnance bond in the amount of the estimated cost of the work, may grant an extension of an additional ninety (90) days to complete work where it is determined that the owner has completed substantial portions of the work in compliance with the plan and is diligently pursuing completion of all work. 7. If the owner fails to respond within the thirty (30)-day period set forth in section three with a plan that is acceptable to the Building Commissioner, or fails to complete the work approved in the plan to cure the blight within the allotted time, including any extensions, the Building Commissioner; (i) may request tbe planning commission to conduct a public hearing and make findings and recommendations that shall be reported to the Board of Supervisors concerning the repair or other disposition of tbe property in question, and if a public hearing is scheduled, (ii) shall prepare a plan for the repair or other disposition of the property 8. The Plarming Commission schedules the matter for public hearing. Notice of tbe bearing must be sent 3 weeks prior by regular and certified mail to: a. owner(s) b. abutting owner(s) c. civic league or association, if any for the immediate area Notice must include plan for dealing with blight (i.e., teardoìVD., repair, etc.) Notice must also be published twice (witb not less than 6 days elapsing between first and second publication). Notice sball also be posted on the property. Hearing must occur within 21 days of 2nd publication. 9. The Plarming Commission holds a public hearing and determines whether (I) property is blighted; (2) whether ovmer has failed to cure blight or develop a reasonable plan; (3) whether plan is in accordance with applicable law and (4) whether property is listed as historic. 10. The Planning Commission reports its fmdings to the Board of Supervisors. "'-, "." z. --' 11. Board of Supervisors holds advertised public hearing and affirms, modifies or rejects the Planning Commission fmdings. 12. If the Board of Supervisors approves repair or demolition, the Department of Community Development will solicit bids and will carry out a contract to abate the blight. 13. The owner ofrecord is billed for the cost of blight abatement including administrative costs. If the owner fails to pay for the abatement, the costs will be collected by any manner provided by law for collection of state or local taxes. A lien shall be recorded to recover the County's costs and expenses. 14. If Board of Supervisors determines that it is necessary to acquire property by eminent domain in order to cure the blight, the matter is referred to the COUDty Attorney's Office for condemnation suit. 15. Throughout the entire process, the Department of Community Development continues to work with the owner to gain voluntary compliance to eliminate blight. 16. Unless otherwise provided for in Title 36 of the Code ofVirgini~ if the blighted property is occupied for personal residential purposes, the county, in approving the plan. shall not allow for an acquisition of such property if it would result in a displacement of the person or persons living in the premises. The provisions of this subsection shall not apply to acquisitions, under an approved plan, by the county of property which has been condemned for human habitation by the local code official for more than one year. In addition, the county, in exercising the powers of eminent domain in accordance with Title 25 of the Code of Virgini~ may provide for temporary relocation of any person living in the blighted property provided the relocation is within the fmancial means of such person. 17. In lieu of the acquisition of blighted property by the exercise of the powers of eminent domain as herein provided and in lieu of the exercise of other powers granted by the Code of Virgini~ the Board of Supervisors, by ordinance, may declare any blighted property to constitute a nuisance and thereupon abate the nuisance pursuant to state law. Such ordinance shall be adopted only after written notice by certified mail to the owner or owners at the last known address of such O\¥D.er as shown on the current real estate tax assessment books or current real estate tax. assessment records -. '---<J ~) ¡ I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25,2005 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 WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has adopted a Spot Blight Abatement policy pursuant to §36-49.1: 1 of the Code of Virginia, 1950, as amended; and WHEREAS, pursuant to this process, the Roanoke County Building Commissioner has made a preliminary determination that property located at 3821 Colony Lane is blighted in accordance with this policy; and WHEREAS, the Roanoke County Planning Commission held a public hearing on October 4, 2005, and has determined that the property is blighted, the owner has failed to remedy this blighting condition, and that the plan to remedy the blight is in accordance with the County's Planning and Land Use Guidelines; and WHEREAS, the first reading of this ordinance was held on February 22, 2005; and the second reading and public hearing was held on October 25,2005; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1. That the Board affirms the findings and recommendations of the Planning Commission. 2. That the Board authorizes and approves that the Department of Community Development take such actìons as may be necessary to remove and 1 " . i "-'-, --L-;: ,,-j remedy the blighting conditions, including but not limited to removal of the outside storage, clutter and trash. 3. That the owner of this property shall be billed for the cost of blight abatement including administrative costs. If the owner fails to pay for the abatement costs, these costs shall be submitted to the Treasurer of Roanoke County to be collected by any manner provided by law for collection of local taxes. Further, a lien shall be recorded among the land records of Roanoke County to recover the County's costs and expenses. 4. That the Board determines that it is not necessary to acquire this property by eminent domain in order to cure the blight. 2 c ._...... ,'J Q) c:: rn ....J >- c:: o o Ü ~ N CO C"1 +-' C a.> E a.. o Q) > a.> o >. ~ t:: :J E E o ü - o +-' t:: Q) E +-' I- m a.. 11> o ll.~ 077~ 18-02-40.00~0000 077.18-02-41.00-0000 IIL______I 077.18-02-42.09-0000 L ~)d I on 1 B-02-43~OD:DDDD -- i ~- .' ----- I~-~~~, __~_-:.=~.-" -~.. - -- ------.. -". Colony Lane "'-'--'" ----. -. -~-.. Site \:----;- ,~... ~. "-- ..--.... ---~---- --- -- ---'. .' .. , -077. 18-02-22.00-000? ,---.'\~ 077:18-02-21'.00-0000 " -------.- i -"~'-- --~--- .--" ---- --- -- ___ 077: 18-05..,02.00-0000 ...... -------.---- --- - Applicants Name: Shelton Residence Tax Map Number. 77.18-2-20 3821 Colony Lane Magisterial District: Cave Spring February 3, 2005 Scale: 1 "=50' Roanoke County Department of Community Development j 5-5 PETITIONER: Adult Business CASE NUMBER: 10-2005 Planning Commission Hearing Date: October 4, 2005 Board of Supervisors Hearing Date: October 25, 2005 A. REQUEST: 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. B. CITIZEN COMMENTS: None C. SUMMARY OF COMMISSION DISCUSSION: Ms. Janet Scheid presented the staff report. Several commissioners expressed concern that the 300 foot exclusion zone was not large enough. Ms. Hooker stated that the ordinance was a balance between the exclusionary zone and the special use permit and that between the two she felt that adequate protections could be provided to the community. D. CONDITIONS: E. COMMISSION ACTION(S): Mr. Azar made the motion to recommend approval of the request. The motion carried 5-0. F. DISSENTING PERSPECTIVE: G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission /' -- '-.. -- ( ;".J' J 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: October 25, 2005 AGENDA ITEM: Second reading of an 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 SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: 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, 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 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 c __ [~-'~ ----") "..J 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 avaílable for adult business uses with a special use permit. Attached to this report is the draft ordinance. In addition, 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. Any amendment to the Zoning Ordinance must first be submitted to the Planning Commission for its review, public hearing and recommendation. The Planning Commission held a public hearing on the amendments to Chapter 30 on October 4, 2005. The first reading of thís ordinance was held by the Board of Supervisors on September 27, 2005. The ordinance amending Chapter 13 of the Roanoke County Code will be considered separately by the Board of Supervisors as agenda item S-6. STAFF RECOMMENDATION: Staff recommends the approval of the attached ordinance. 2 (::.~ --..- C 0) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINSTRATION CENTER ON TUESDAY, OCTOBER 25, 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 WHEREAS, the first reading of this ordinance was held on September 27, 2005, and the second reading and public hearing was held on October 25, 2005. NOW, THEREFORE, 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: c..- r '''~::--:J . . . * (8).2. Adult Business· * . . * 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 andlor 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 specíalist which shall 2 '~~,~ continuously monitor all exterior entrances and parking areas of the establishment. Such cameras shall provide clear imagery of the establishment's patrons and their vehicles. Tapes recording activities in the areas under surveillances shall be preserved 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 ACTION NO. ITEM NO. 5-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Second reading of an ordinance amending the Roanoke County Code by the addition of Article III. "Adult Businesses" to Chapter 13. "Offenses - Miscellaneous SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: 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." S-b 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. The attached ordinance has been reviewed by the Roanoke County Police Department and Commonwealth's Attorney. The first reading of this ordinance was held on September 27, 2005. The ordinance amending Chapter 30 of the Roanoke County Code will be considered separately by the Board of Supervisors as agenda item S-5. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. 2 Ss-b AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25,2005 ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY THE ADDITION OF ARTICLE III. "ADULT BUSINESSES" TO CHAPTER 13. "OFFENSES - MISCELLANEOUS WHEREAS, the first reading of this ordinance was held on September 27, 2005, and the second reading and public hearing was held on October 25, 2005; and 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 quality 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 s-_/ \... \,::'J WHEREAS, the County has determined that locational criteria found in the zonÎng 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 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) FindinQs. 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 "Kandyland", 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 limited 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 S-k, (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 (HIV) became reportable, the number of reported cases of AIDS caused by HIV in the Commonwealth of 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 of 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 well 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. 3 C' I --.6 -..; (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 licensing 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 employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating 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 ultimately 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 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 sexually 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. 4 Ç'i ~-CO BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a new Article III. "Adult Businesses" be, and hereby is, added to Chapter 13. "Offenses - Miscellaneous" to read and provide as follows: Sec. 13-100. Definitions. Adult business means any adult bookstore, adult video store, adult model studio, adult motel, adult motel theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons. Adult entertainment means dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CD-ROMs, DVD- ROMs, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Adult merchandise means magazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CD-ROMS, DVD-ROMS, virtual reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; instruments, devices or paraphernalia either designed as representatives of human genital organs or female breasts, or designed or marketed primarily for use to stimulate 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, 5 ,~ I ...s·-6 exposes specified anatomical areas, or engages in other performances intended for the sexual stimulation or titillation of patrons. Adult motel means a motel, hotel, or similar commercial establishment that: (i) provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and advertises the availability of this sexually-oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (ii) offers a sleeping room for rent for a time period of less than ten hours; or (iii) allows a tenant or occupant to sub rent the sleeping room for a time period of less than ten hours. Adult movie theater means an enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, excluding movies that have been rated "G," "PG," "PG-13," or "R" by the Motion Picture Association of America. Adult nightclub means a restaurant, bar, club, or similar establishment that regularly features adult entertainment. Adult store means an establishment having adult merchandise as a substantial or significant portion of its stock-in-trade. Employee means an individual working or performing services for any adult business, including any independent contractor who provides services on behalf of any adult business to the patrons of such business, whether or not the individual receives any remuneration, gratuity, or tips of any kind, or pays the permittee or manager for the right to perform or entertain in the adult business. 6 i....... ...... ;' ~.)ó 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. 7 " " i ~')-- ;:<J (4) Whether the applicant holds or has been held, in the name of this business or any other, any other permits under this ordinance or a similar adult use ordinance from another locality within the past five years, and, if so, the names and locations of such other permitted businesses. (5) Whether the applìcant has been denied a permit or has had a permit revoked under any statute or ordinance requiring a permit to operate an adult business and, if so, when and where the denial or revocation occurred. (6) Photograph and fingerprints of applicant. (7) Name, including any fictitious names, and address of the business for which a permit is sought. (8) A criminal records check of the applicant shall be provided by the applicant with the application, along with the applicant's written authorization to investigate whether the information provided by the applicant is true. (9) A description of the intended business activity and, if adult entertainment is to be performed, a detailed description of such entertainment. (10) Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct. (c) For a corporation, partnership or other legal entity, "applicant" includes each officer, director, partner or principal of the entity and the managers of the business. (d) The chief of police or his designee shall act on the application within 30 days of the filing of an application containing all of the information required by this section, unless information requested from other law enforcement agencies is not received within that 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. 8 C I 0--~ (e) The applicant shall be issued a permit unless the county's investigation or the information furnished by the applicant shows any of the following: (1) The applicant has failed to provide information required by this article or has falsely answered a question. (2) The applicant has been convicted of a felony within the past five years. (3) The applicant has been convicted of a crime of moral turpitude or a crime involving the obscenity laws within the past three years. (4) The applicant has been denied a permit or has had a permit revoked within the past 12 months under any statute or ordinance requiring a permit to operate an adult business. (5) Failure of the applicant's business to comply with the county's business license, zoning, building, plumbing, utility, health, electric or fire prevention codes, or with any other applicable county or state laws or regulations. (6) The application fee has not been paid. (f) If the application is denied, the chief of police or his designee shall notify the applicant of the denial and state the reasons for the denial. (g) The permit shall be valid for 12 months from the date thereof and may be renewed in the same manner as it was initially obtained. The application fee for a renewal permit shall be $100.00. No permit shall be transferable. (h) Any changes in the ownership or principals of the business entity to which the permit is issued or in the managers of the business will automatically make the permit 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: 9 c -.' ,~ .6 (a) Fraud, misrepresentation or any false or misleading statement contained in the application. (b) Conviction of the permittee for any felony, crime involving moral turpitude, or crime involving the obscenity laws after the permit is issued. (c) The permittee or an employee of the permittee has knowingly allowed possession, use or sale of illegal controlled substances in or on the premises. (d) The permittee or an employee of the permittee has knowingly allowed prostitution on the premises. (e) The permittee has refused to allow an inspection of the adult business premises as authorized by this article. (f) On two or more occasions within a 12-month period, employees of the adult business at the time of the offenses committed an offense in or on the permitted premises for which a conviction has been obtained constituting: 1. Aiding, abetting or harboring a runaway child; 2. Prostitution or promotion of prostitution; 3. Exposing minors to harmful materials; 4. Dissemination of obscenity; 5. Sexual assault; or 6. 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. 10 S--l (h) The permittee has failed to operate or manage an adult business in a peaceful and law-abiding manner. (i) The permittee or an employee of the permittee, except a permittee or employee of a permittee of an adult motel, has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual activity to occur in or on the permitted premises. U) The permittee has been operating an adult business not approved under the applicable permit. (k) The permittee has failed to comply with the provisions of this article. (I) The permittee's business fails to comply with other applicable county or state laws or regulations. Sec. 13-103. Procedure upon denial of an application or revocation of a permit. (a) If the chief of police or his designee denies an applicatíon or revokes a permit, he shall notify the applicant or permittee in writing of such action, the reasons therefor, and the right to request a hearing. To receive a hearing, the applicant or permittee must make a written hearing request whích 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. 11 S--L 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 adminístratÎve action in the circuit court of the county. Any such request for judicial review shall be filed within 30 days of when the administrative action becomes final. The county will facilitate the applicant's obtaining prompt review. Sec. 13-105. Inspection. (a) In addition to any existing legal authority, representatives of county departments shall have the authority to inspect an adult business for the purpose of determining compliance with the provisions of this article. (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 12 ('. f '_J~ b specified sexual activities or specìfied anatomical areas or is intended for the sexual stimulation or titillation of patrons. (b) No person shall provide adult entertainment for patrons of an adult business except upon a stage located in an area open to all patrons of the business. The stage shall be at least 18 inches above the level of the floor and separated by a distance of at least three feet from the nearest area occupied by patrons. No patron shall be permitted within three feet of the stage while the stage is occupied by an entertainer. (c) The adult business shall provide separate dressing room facilities for female and male entertainers which shall not be occupied or used in any way by anyone other than them. (d) The adult business shall provide entertainers access between the stage and the dressing rooms which is completely separated from the patrons. If separate access is not physically feasible, the establishment shall provide a walk aisle at least four feet wîde for entertainers between the dressing room area and the stage with a railing, fence or other barrier separating the patrons and the entertainers which prevents any physical contact between patrons and entertainers. (e) No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while in or on the premises of the adult business. (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. 13 c -~L ") .....---' , (h) No operator or manager of an adult business shall cause or allow an entertainer to contract to or engage in any entertainment such as a "couch," a "straddle," or "lap" dance with a patron while in or on the premises of an adult business. No entertainer shall contract to or engage in a "couch," "straddle," or "lap" dance with a patron while in or on the establishment premises. For purposes of this subsection, "couch," "straddle," or "lap" dance is defined as an employee of the establishment intentionally touching any patron while engaged in any specified sexual activity or other activity Întended for the sexual stimulation or titillation of patrons, or the exposure of any specified anatomical area. (i) This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess, or bartender, comes within three feet of a patron. No employee shall engage in any specified sexual activity or other activity intended for the sexual stimulation or titillation of patrons, or expose any specified anatomical area while acting as a waiter, waitress, host, hostess, or bartender. Sec. 13-107. Regulations pertaining to adult motels. (a) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in section 13-100 of this Code. (b) No person who is in control of a sleepíng room in a hotel, motel or similar commercial establishment that does not have an adult business permit shall rent or subrent a sleeping room to a person, and within ten hours from the time the room is rented, rent or subrent the same sleeping room again. (c) For purposes of subsection (b) of this section, the terms rent or subrent mean the act of permitting a room to be occupied for any form of consideration. 14 Sj~~ Sec. 13-108. Transfer of permit prohibited. (a) A permittee shall not operate an adult business at any place other than at the address designated in the approved permit. (b) A permittee shall not transfer its permit to another person. Sec. 13-109. Public indecency. Nothing in this article shall be construed to permit any conduct which violates section 13-111 of this Code. Sec. 13-110. Violations. Except as permitted in section 13-101 (d), operation of an adult business without a permit is prohibited. Violations of this article shall be unlawful and subject to the provisions of section 1-10 of this Code. Sec. 13-111. Public indecency prohibited. (a) For purposes of this section nudity shall mean: (1) Having the pubic region or genitals covered less than completely and opaquely; (2) Having less than the majority of each buttock completely and opaquely covered; or (3) Having any portion of the nipple or areola of the female breast or that portion of the female breast distal to and below any part of the areola covered less than completely and opaquely. 15 ~ --I -.....;.. 'C (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. 16